Court : Mumbai
Decided on : Mar-20-2015
..... is that the petitioner company has obtained certificate of authorization from the reserve bank of india under section 7 of the payment and settlement systems act, 2007 (for short the said act of 2007 ) to operate a payment system for issue of meal and gift vouchers in the form of 'paper based vouchers' and 'smart meal cards' with ..... act ) and the bombay provincial municipal corporation (lbt) rules, 2010 (for short the lbt rules ). he urged that the said vouchers are payment instructions or payment instruments issued under a payment system operated under the said act of 2007 as per the authorization received from the reserve bank of india. he submitted that under both the octroi ..... 10. as pointed out earlier, the petitioner has obtained an authorization under section 7 of the said act of 2007. the authorization is to operate a payment system for issue of meal and gift vouchers in the form of paper based vouchers. the petitioner has annexed the application form for the said vouchers. on the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-09-2015
..... under section 127b. in this application, the respondent had specifically given details of the admitted duty liability, the interest thereon and the payment made. in the prayer clause of the settlement application, the respondent prayed for immunity from prosecution for any offence under the customs act, 1962, imposition of any penalty and grant ..... arising out of the 3rd scn) were rejected. in the impugned order dated 31st january, 2014 (exh b to the petition), the settlement commission held that apart from non-payment of interest, the petitioners had not complied with an additional mandatory requirement as set out in the 2nd proviso to section 127b(1) viz. that ..... 1st scn), and therefore, the petitioners did not pay/deposit any interest. mr shah submitted that if the settlement commission had imposed any condition for payment of interest (as was done with reference to the settlement applications arising out of the 1st scn), the petitioners would have paid/deposited the same. in fact, mr. .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-21-2015
..... work carried out by the petitioner. even under the contract, entered into between the parties, the petitioner was entitled to recover payment for the work done. in the deed of settlement entered into between the parties, the respondent had agreed to pay to the petitioner running account bills within a period of 15 ..... for helping the respondent for certification of the bills. though representative of the petitioner attended the office of the respondent, the respondent did not release any payment. 26. the petitioner has thereafter filed additional affidavit in the present proceedings and has annexed various financial documents and minutes of the meeting of the arbitral ..... contained in the said agreement dated 11th november, 2010 remained unaltered except those specifically altered / modified by the said deed of settlement dated 31st october, 2011. under the said deed of settlement, the petitioner agreed to renew the performance guarantee for rs.85,39,052/- and rs.8,99,938/- for the period .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Apr-10-2015
..... the agrarians. the then government faced the serious defects inherent in the survey settlement system. famine commission expressed an opinion for preparation of "record of right" for property administration. for some time "khatedar system" was also resorted to. for manifold reasons such khatedar system was found unuseful and was actually abolished. thus, "famine commission", in ..... -ownership of the occupancy. principles of liability of payment of land revenue, however, was saddled upon the occupant proper regarding whole survey number. the joint occupant merely was conferred with right to have his ..... j) was incorporated, providing that the person whose name is entered authorisedly in the survey papers, for other public accounts, is responsible to government for payment of the assessment due upon any field or recognised share of a field. concept of sole holder was not favoured and rule 27 had recognised co .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jan-13-2015
..... . according to learned counsel for the petitioner, the concept of the drawee bank has been enlarged after the advent of real time gross settlement (rtgs) system. he submits that this is a system wherein payments are made to the payee of the cheques by any of the branches of the same bank on one of whose branches the cheque ..... act) offence, can be called as the drawee bank. this contention has been opposed by learned counsel for the respondent, shri daga, who submits that rtgs system is only the system for expediting payment of amounts of cheque which does not expand the concept of "drawee bank" and nothing more. 7. in support of his contentions, learned counsel for ..... answers given by reserve bank of india, it becomes quite clear, as rightly submitted by learned counsel for the respondent, that the system called as rtgs is really a system meant for facilitating speedy payment of amounts of the cheque by reducing to minimum the time taken for processing of cheque and it has got nothing to do .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-30-2015
..... mentioned that the decision of the standing empowered committee will be binding on the employer for payment of claim upto five percent of the initial contract price. the contractor can accept and receive payment after signing as in full and final settlement of all claims ?. if he does not accept the decision, he is not barred from ..... suit. according to him, in the present case, the learned trial judge could have referred the parties to preliminary remedy available under the contract as dispute redressal system ?. the competent authority could have, as consented by parties, mediated or acted as conciliator or arbitrator between the parties to ensure that both the parties are ..... order, the learned trial judge made reference to a clause in the contract between the parties, which is mentioned as below : condition no.24. dispute redressal system 24.1 : if any dispute or difference of any kind whatsoever shall arise in connection with or arising out of this contract or the execution of works or .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-13-2015
..... parliament in its wisdom has sought to exclude certain category of assessee as specified in section 95 of the kvss 1998 from the benefit of the scheme of settlement including those involved in social-economic crimes. this classification of various classes of assessee not being entitled to the benefit of kvss 1998 is founded on an ..... a new scheme called samadhan. the scheme would apply to both direct taxes and indirect taxes and offer waiver of interest, penalty and immunity from prosecution on payment of arrears of direct tax at the current rates. in respect of indirect tax, where in recent years the adjustment of rates has been very sharp, an ..... pursuing large number of litigations pending at different levels for long periods of time. considerable revenue also gets locked up in such disputes. declogging the system will not only incentivise honest taxpayers, it would enable the government to realise it's reasonable dues much earlier but coupled with administrative measures, would also make .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-08-2015
..... the petitioners held that the words 'without prejudice' mentioned on the letter of guarantee were misplaced on the ground that they were relevant only to settlement discussion between the parties following commencement of legal proceedings otherwise they had no effect under english law when included in an agreement. they after considering the ..... proceedings in arbitration, the contract shall be deemed to have been made in england, any correspondence in reference to the offer, the acceptance, the place of payment or otherwise, not-withstanding, and england shall be regarded as the place of performance. disputes shall be settled according to the law of england wherever the ..... required the subsidiary to maintain sufficient balance in its current account to repay the loan installments. there was a breach of this provision and consequent default in payment of the very first loan installment. the bank, therefore, took up the issue of default with the subsidiary. 11(c). videocon also has the defence .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-16-2015
..... not served with notices under section 14 of the slum act. the lands originally were purchased by nenshi monji in the year 1941 and thereafter under the deed of settlement dated 2 september 1950, nenshi monji settled the properties in favour of nenshi monji (bombay) family trust (petitioner no.1 herein). when the show cause notice under ..... land is ascertained, forty per cent of the gross monthly rental is to be deducted in lieu of the expenditure which the owner of the land would normally incur for payment of any property tax to the local authority, for collecting charges, for works of repairs and maintenance of buildings, if any, on the lands, etc. (c) paragraph ..... within a period of six weeks from today. upon deposit of the aforesaid amount, the petitioners will be at liberty to withdraw the same in full and final settlement of their claim for compensation of the lands which are the subject-matter of this petition and upon withdrawal of the said amount, the petitioners shall not be entitled .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-11-2015
..... rights insofar as the tenancy of the residential flat and that is how in para 59 she submits that the will to the extent contrary to the deed of settlement will not bind her and as far as the residential flat is concerned, she is entitled to the tenancy right in the same along with shrenik and paresh. 4 ..... . vs. national textile corporation (maharashtra north) ltd. and ors. reported in (2002) 8 scc 182. 3. the petitioner raises these issues in the backdrop of a deed of settlement dated 9th august, 1948. the petitioner states that she is daughter of late ramanlal kikabhai amarchand. late kikabhai amarchand had executed this deed of ..... 9th august, 1948 and kikabhai amarchand, leelavati kikabhai, ramanlal kikabhai and pravin kikabhai were trustees under the deed of settlement. after referring to the terms of the settlement, it is stated that the trustees purchased an immovable property at mumbai, more particularly described in para 51 of the writ petition. the immovable property is referred as .....
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