Court : Supreme Court of India
..... , failing such agreement, was not in accordance with this part; or (b) the court finds that-- (i) the subject-matter of the dispute is not capable of settlement by arbitration under the law for the time being in force, or (ii) the arbitral award is in conflict with the public policy of india. 12[explanation 1.--for the ..... case even if the said cabinet note is considered to be internal note, it will have to be considered because gog accepted variable fuel price and also made payments. making of payments thereafter are variable factors which distinguish the above two judgments. for the reasons mentioned above, point no.1 is answered in the affirmative.36. the narrow ..... with the rules of law designated by the parties as applicable to the substance of the dispute; 29 (ii) any designation by the parties of the law or legal system of a given country shall be construed, unless otherwise expressed, as directly referring to the substantive law of that country and not to its conflict of laws rules; .....
Tag this Judgment!Court : Supreme Court of India
..... amendment act, 2015 shall not be applicable and the act, pre-amendment, 2015, shall be applicable. that thereafter, after holding that there was a full and final settlement of the payment as per the final bill as far as back on 29.04.2013 and even the appellant issued the no further claim certificate and even the application under section ..... 2023 page 1 of 42 refused to appoint an arbitrator on the ground that earlier the appellant had accepted the amount as per the final bill in full and final settlement and without raising any dispute and also signed and issued no further claim certificate , the original applicant has preferred the present appeal.2. the facts leading to the ..... and repairs/renewals to floors in tech area at air force academy, hyderabad. the appellant raised a revised final bill for the aforesaid work on 10.07.2012. the payment in respect of the final bill was made to the appellant on 29.04.2013. the appellant also issued no further claim certificate. 2.2 the appellant sent a .....
Tag this Judgment!Court : Supreme Court of India
..... was an interlocutory application filed seeking the relief concerning the merits of the present dispute, 15 i.e.direction to respondent no.2 (customs authority) for settlement under section 127b of the customs act, 1962. 33.this approach taken by the petitioner, in my view, is unwarranted and undesirable if not malafide for ..... liable for confiscation and the penalty thereof. section 123 reverses the burden of proofs of certain specified seized goods. 14.chapter xiva contains the mechanism for the settlement of cases. 15.chapter xvi of the act lays down offences and prosecution under the customs act. this chapter imposes, as a penalty, imprisonment for certain ..... is not attracted. 26.furthermore, as discussed above, the scheme of the act involves payment of fines and/or imprisonment for offences enumerated under chapter xvi. all offences, under the act, cannot be permitted to go before the settlement commission under section 127b. this would make the legislative intent 10 behind the proviso to .....
Tag this Judgment!Court : Supreme Court of India
..... secured creditors in the events such secured creditors has relinquished security in the manner set out in section 52 of the ibc. it is further prayed that settlement of workmen dues should be done in accordance with the reasonable principles laid down under section 326 even in the event of liquidation under the ibc.2. ..... amounts and there was no exclusion of the said amounts in the case of liquidation. it is submitted that therefore, the position of law regarding overriding preferential payments and preferential payments , as per the companies act, 1956 and the companies act, 2013, is that workmen have a charge over the property of the security of every ..... set aside after final hearing and, therefore, the tendency to grant stay of legislation relating to economic reform, at the interim stage, cannot be understood. the system of checks and balances has to be utilised in a balanced manner with the primary objective of accelerating economic growth rather than suspending its growth by doubting its .....
Tag this Judgment!Court : Supreme Court of India
..... - (1) where the registering officer appointed under the registration act, 1908, (central act 16 of 1908), while registering any instrument of conveyance, exchange, gift partition, settlement, release , agreement relating to construction, development or sale of any immovable property or power of attorney given for sale, development of immovable property, has reason to believe ..... payable otherwise than on demand]. or promissory note drawn or made out of india on or after that day and accepted or paid, or presented for acceptance or payment, or endorsed, transferred or otherwise negotiated, in india; and c) every instrument (other than a bill of exchange, or promissory note) mentioned in that ..... 103 dated 07.02.2001. the said goms read as under inter alia:"government of andhra pradesh abstract7indian stamp act, 1899 - 50 /o exemption from payment of stamp duty and registration fee on the instruments of leases, lease-cum-sales and sales executed in favour of industrial units in the state for .....
Tag this Judgment!Court : Supreme Court of India
..... with minimum judicial intervention). where allegations of forgery/fabrication are made in regard to the document recording discharge of 40 contract by full and final settlement, it would be appropriate if the chief justice/his designate decides the issue.24. what is however clear is when a respondent contends that the ..... of judicial intervention before the commencement of arbitral proceedings is being tested. it raises important issues of delays in the enforcement of arbitration agreements, subject to payment of stamp duty and whether an arbitration agreement would be non- existent, invalid/void, or unenforceable in law, if the underlying instrument is not stamped ..... to the delays in the arbitration process and ultimately negates the benefits of arbitration. two reasons can be attributed to such delays. first, the judicial system is over-burdened with work and is not sufficiently efficient to dispose cases, especially commercial cases, with the speed and dispatch that is required. second, .....
Tag this Judgment!Court : Karnataka
..... the purpose of making the necessary determination under section 33-c(2), it would, in appropriate cases, be open to the labour court to interpret the award or settlement on which the workman's right rests.19. we have already noticed that in enacting section 33-c the legislature has deliberately omitted some words which occurred in section ..... relationship and thereafter determine what are the amounts which are due to the workman and after taking into consideration the amounts paid, if there are amounts due, direct the payment thereof.-. 49 - wp no.7032 of 2022 13. answer to point no.2: whether the contention of the employer that there are no dues liable to be paid ..... recording its reasons. the labour court has recorded a finding of fact on the contentions points that arose in the proceedings and partly allowed the claim in respect of payment of difference of minimum wages, leave with wages and the bonus along with interest at 6% p.a. the monetary claim of the respondent was sought to be .....
Tag this Judgment!Court : Supreme Court of India
..... not been expressly conferred on the commission. the same indicates that insofar as ca57692022 etc. page 64 of 67 the payment of statutory interest is concerned, the same is outside the purview of the settlement contemplated in chapter xix-a of the act. in the present case also, the levy of interest under section 234a ..... 1990 scc online cal. 385 (calcutta high court judgment) 4.3 relying upon the aforesaid decisions, it is submitted as under: a) holding lands, receipt of payments and carrying on trade is of no consequence as long as the control of the commercial venture and directions governing the commercial venture are given from elsewhere. ca57692022 etc ..... , 1948, and (c)income tax was paid in sikkim under sikkim manual, 1948. 3.21 that further, seized vouchers and records clearly establish that commission payments were received into the bank accounts of these companies from identified traders of large cardamom and that department had no material in its possession to disbelieve that these .....
Tag this Judgment!Court : Supreme Court of India
..... sale of the entire portion of the property. it was only to derive the benefit by sale of the encumbrance asset that the parties resorted to settlement through arbitration. the dispute being settled, payments having been made, the ao committed no error in allowing the claim of deduction as cost of improvement. 5.5 it is further submitted by ..... rs.31.05 crores claimed by the assessee as cost of improvement while computing long term capital gains. the claim of the assessee that the said payment was made by them towards settlement of litigation, which according to the assessee amounted to discharge of encumbrances and required to be considered as cost of improvement, was not accepted by the ..... that amount of rs.31.05 crores paid by it in lieu of settlement of litigation would amount to discharge of encumbrances and therefore, requires to be considered as cost of improvement on the said property is bad in law. it is submitted that payment of rs.31.05 crores paid to the shareholders did not lead to .....
Tag this Judgment!Court : Supreme Court of India
..... claim and an attempt should be made to 69 civil appeal no.11826 of2018etc. settle the dispute amicably (see article 17.2.3). failure to arrive at a settlement opens the doors of article 17.3. it is justifiable as the caption is dispute resolution . (47) article 17.3.1 is the crucial article. it ..... for the respondents along with the consideration of the central commission on this issue pertaining to the claims of the appellant regarding compensation on account of additional payment towards custom duty on mining equipment. after careful consideration and critical evaluation of the same, the key question arises for consideration, whether the equipment required for ..... of information provided in the bid documents rested with the bidders, at the same time, respondent procurers cannot justify providing grossly erroneous report on water intake system taking shelter under the disclaimer in the bid document. as a matter of fact, the water availability for a thermal power station of this magnitude on .....
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