Court : Supreme Court of India
..... case. as far as the 5-judge bench decision in ghaswala (supra) is concerned, the question that arose for consideration therein was whether the settlement commission constituted under section 245-b of the income tax act, 1961 has the jurisdiction to reduce or waive the interest chargeable under sections 9 paragraph ..... mining lessee to the lessor for enjoyment of mineral rights. the liability to pay royalty arises out of the contractual conditions of the mining lease. the payments made to the government cannot be deemed to be a tax merely because the statute provides for their recovery as arrears; (emphasis supplied) ..........................j.[vikram ..... between the parties, though, not referable to any statutory instrument. for such benefit or privilege conferred upon them, the agreements arrived at between the parties contemplated payment of charges for such conferral of advantage. such charges, in our view, were perfectly justified. 9 25. the decisions pressed into service by respondent no .....
Tag this Judgment!Court : Karnataka
..... not spoken to the borrower and negotiated for ots. the situation now is that the bank has initiated ots and closed the entire loan amount recording full and final settlement, on the borrower paying the entire loan amount. this is the admission in the statement of objections. but, what is projected now is loss of `1.98 ..... authorized officer may issue or cause the purchaser to issue notices to the persons interested in or entitled to the money deposited with him and take steps to make the payment accordingly. (9)the authorized officer shall deliver the property to the purchaser free from encumbrances known - 14 - to the secured creditor on deposit of money as ..... over the mortgaged property, which was owned by his wife. further more, the loan amount was ultimately settled to the full satisfaction of the bank by receiving the payment favouring the account of the borrower by third party. the contention of the bank that it had suffered loss was not found sustainable and that the refund of .....
Tag this Judgment!Court : Supreme Court of India
..... or offences of moral turpitude under special statutes, like the prevention of corruption act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all. however, certain offences which overwhelmingly and predominantly bear civil flavour having arisen out of ..... still pending and also considering the fact that the claims of the banks have been satisfied and the suits instituted by the banks have been compromised on receiving payments, we do not think that the said complaints should be pursued any further .. [emphasis supplied].16. it could thus be seen that this court in ..... had already filed suits for recovery of the dues of the banks on account of credit facility and the said suits have been compromised on receiving the payments from the companies concerned. even if an offence of cheating is prima facie constituted, such offence is a compoundable offence and compromise 10 decrees passed in .....
Tag this Judgment!Court : Supreme Court of India
..... vii) central bureau of investigation v. sadhu ram singla and others7.9. mr. brijesh kumar tamber, learned counsel for the respondent no.2 bank confirms the fact regarding the settlement entered into between the bank and the borrowers.10. shri vikramjeet banerjee, learned asg, appearing on behalf of the cbi, however, submits that merely because the matter is ..... not in dispute. it is not disputed that the matter has been compromised between the borrowers and the bank. it has also not been in dispute that, upon payment of the amount under the ots, the loan account of the borrower has been closed.12. therefore, the only question would be, as to whether the continuation of ..... being closed vide letter dated 31st january 2011. in view of the ots, the recovery proceedings pending before the drt were disposed of as a full and final payment of the dues of the bank vide orders dated 3rd may 2011. 3.10 having settled the matter thus, the present appellants filed separate applications under section 482 .....
Tag this Judgment!Court : Supreme Court of India
..... which had already been confirmed under section 34 of the act. legal position:9. the object of the act is to provide for a speedy and inexpensive alternative mode of settlement of dispute with the minimum of intervention of the courts. section 5 of the act is implicit in this regard and prohibits interference by the judicial authority with the arbitration .....
Tag this Judgment!Court : Supreme Court of India
..... employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in schedule i for the conveyance, development agreement, mortgage or settlement, and each of the other instruments shall be chargeable with a duty of one hundred rupees instead of the duty (if any) prescribed for it ..... admittedly handed over on the date of the agreement, implying acquisition of possessory rights protected under section 53a of the transfer of property act, which requires payment of proper stamp duty and registration as mandated under section 17 of the registration act. further, as per section 4(2) of the maharashtra stamp act ..... that the physical possession of the properties mentioned therein, was transferred to the purchasers; however, they were not duly stamped; and hence, the documents require the payment of stamp duty of the conveyance. by order dated 26.10.2016, the trial court allowed the said application, thereby impounding the documents and directing to .....
Tag this Judgment!Court : Supreme Court of India
..... thus, though the term used in paragraph 16.03(d) of the award is negotiation(s) , the tribunal, by referring to minutes dated 19 april 2018 and settlement offer dated 26 may 2018, indicated the underlying legal principle / rationale behind its conclusion. we, therefore, conclude that though reasons recorded in the award at first blush ..... that even though the supplier (claimant) had fulfilled its obligations under the contract, the purchaser (appellant(s) herein) had failed in fulfilling its obligation of making payment of the outstanding principal amount to the claimant, which had become due and payable under the contract. in our view, therefore, the claim being one for compensation ..... delay was not attributable to the claimant. ..(para 13.13 (c) of the award) 11). the tribunal now considers when, if at all, the acc system was completed. there are three certificates which are referred to in the erection purchase order. these are: a certificate on competition of punch points; a take over .....
Tag this Judgment!Court : Karnataka
..... and rendered a well-reasoned award which adequately addressed the issues in dispute. the respondents 30 assert that the appellant had accepted the final settlement of the projects and is now seeking to reopen settled matters.25. in support of his contentions, the learned aga has relied on the ..... the learned aga for the respondent further contended that, the board noted that the order directed the consideration of specific annexures but did not mandate payment of the amounts mentioned therein. the project governing board, after discussions, rejected claims for idle charges and accepted claims for revised rates, price adjustment ..... :1. . state of karnataka represented by its principal secretary department of health and2family welfare iii-floor, vikasa soudha bengaluru 560 001. 2 . karnataka health systems development project represented by its project administrator now renamed as health and family welfare services represented by its director6h floor, arogya soudha magadi road bengaluru 560 023 .....
Tag this Judgment!Court : Karnataka Dharwad
..... 11334 wp no.102296 of 2022 and 37(2) of the stamp act. the documents said to be insufficiently stamped not produced in evidence, but produced subsequent to settlement of issues, at the time of filing interlocutory application for temporary injunction, the jurisdiction of the trial court to calculate the deficit stamp duty and penalty and direct ..... (1) when the person impounding an instrument under section 33 has by law or consent of parties authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by section 34 or of duty as provided by section 36, he shall send to the deputy commissioner an authenticated copy of such instrument ..... chargeable under clauses (a) and (b) of section 3 with a duty of twenty-five paise shall, subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable, or, in the case of an instrument insufficiently stamped, or the amount required to make up such duty, together .....
Tag this Judgment!Court : Karnataka
..... (by sri. ravi raj y.v., senior standing counsel) and:1. smt. umah agarwal aged years, 11/3, nandidurga road, bengaluru, karnataka 560 046.2. the income tax settlement commission additional bench-i, mahalaxmi chambers, mumbai 400 034. respondents (by sri. k.k.chaithanya, senior advocate for sri. tata krishna, advocate for r1; sri. shanti bhushan, d.s ..... .11153 of 2020 was rejected, while observing that no material was found during the search or in post search proceedings to show that the applicant had made cash payment above the consideration shown in the invoices of purchase. it was also observed that the department had failed to produce any material to demonstrate that actual consideration passed ..... during the assessment years 2012-2013 to 2016-2017.-. 5 - nc:2024. khc:31915 wp no.11153 of 2020 6. it is further asserted that the cash payment made for purchase of jewellery from the vendors of neerav modi group was rs.2,16,00,000/-.7. the petitioner had filed affidavit under rule 8 of the .....
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