Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 6 enrolment Court: mumbai Page 8 of about 7,165 results (0.152 seconds)

Liverpool and London, Steamship Protection and Indemnity Assocn. Ltd. ...

Court : Mumbai

Reported in : AIR2003Bom417; 2003(3)ALLMR920; 2003(5)BomCR319; 2003(4)MhLj708

..... in accordance with lex loci and not lex fori. the plaintiffs are based in united kingdom and claims are required to be determined by arbitration in accordance with the arbitration act (united kingdom), 1996 and the rules applicable thereto. the english law does not recognize insurance premia as maritime claim and considering that, the suit is misconceived and not maintainable. considering ..... lien for unpaid insurance premia. there was no dispute that in english law there would be no maritime lien or claim. but in u.s. law namely federal maritime lien act. maritime lien includes insurance premia. the issue was answered by holding that when the ship sailed into water over which u. s. had jurisdiction then irrespective of the contract, that ..... to furnish security as set out earlier. it is needless to say release of the vessel will be subject to any other caveats against release.all parties and authorities to act on copy of this order authenticated by personal secretary.

Forbes and Co Ltd and anr. Vs. the Official Liquidator of the Swadeshi ...

Court : Mumbai

..... 41 the applicants have stated in the affidavit in support that the company in liquidation is a public limited company incorporated and registered under the companies act vi of 1882 of the legislative council of india. its shareholding and activities are set out and admittedly the company was operating composite textile mills ..... this application be allowed.11 mr.tulzapurkar, learned senior counsel appearing on behalf of the applicants invites my attention to section 466(1) of the companies act, 1956 and submits that, the provision vests the company court with a discretion to permanently stay the winding up. by the application, the applicants have ..... court for winding up of the company. appeal preferred against the said order by rashtriya mill mazdoor sangh, a registered trade union the bombay industrial relations act, 1946 and also the representative and authorized union of the company before the appellate authority for industrial and financial reconstruction (aaifr) was also dismissed vide .....

Commissioner of Central Excise, Raigad Vs. Castrol India Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... done by the commissioner in the present case. further, where a demand of differential duty is confirmed against an assessee under the proviso to section 11a (1) of the act, it would be legally wrong to drop a proposal for penalty under section 11ac, where the assessee admits the duty liability. this is because the grounds for a penalty ..... the show-cause notice is liable to be confirmed against the respondent alongwith interest thereon; and (b) whether the respondent is liable to be penalized under section 11ac of the act and if so, to what extent? 5. in the impugned order, it was acknowledged by the commissioner that there was no dispute between the department and the assessee regarding ..... imposing a separate penalty under rule 173q of the central excise rules, 1944; for levy of interest on duty under section 11ab of the act; and for imposition of a penalty on the corporate head (indirect taxation) under rule 209a of the central excise rules, 1944. this show-cause notice also proposed to .....

MSRTC's Central Workshop Vs. Commissioner of Central Excise, Aurangaba ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... of physician samples distributed as free samples. it was pleaded by the assessee that physician samples are not excisable goods when sale thereof is prohibited under the drugs and cosmetics act. it was held by the court (para 8) that product liabile to excise duty must be marketable on the condition in which it emerges. marketable means saleable or suitable for ..... relied on the decision in the case of cce, jaipur vs. hindustan zinc ltd. (supra). in that case, a lead sheet fixed with header acts as positive electrode (anode) and an aluminium sheet fixed with header acts as negative electrode (callode). it was held by the tribunal that these headers are not manufactured goods and it was further held that these headers .....

M/S. Johnson and Johnson Limited Vs. the Addl.Commissioner of Income-t ...

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... deduction on 'payment basis' as against the 'provision basis' claimed by the assessee. however, it is important to note that section 35dda has been inserted by the finance act, 2001 with effect from 01.04.2001. this section provides for amortization of expenditure incurred under voluntary retirement scheme (vrs) . as per this section, the entire amount ..... income and not claiming deduction u/s 80m. obviously, provisions of section 14a would apply in respect of exempt dividend income u/s 10(33) of the act. in our considered opinion the authorities below were more than justified in disallowing a mere 2% of the gross dividend as incidental expenses for earning exempt income. ..... the total dividend claimed as exempt from tax. the assessee claimed exemption of rs.3.45 crore in respect of dividend income u/s 10(33) of the act. as no disallowance was offered by the assessee towards expenses incurred in earning such exempt income, the assessing officer disallowed 2% of the gross dividend as incidental .....

Sabino Tolentino Fernandes and Another Vs. Rohidas N. Naik and Another

Court : Mumbai Goa

..... negligence. it is held that whichever party could have avoided the consequence of the others' negligence would be liable for the accident. if a person's negligent act or omission was a proximate and immediate cause of death, the fact that the person suffering injury was himself negligent and also contributed to the accident and the other ..... sustained injuries. he submitted that the guilt of the claimant was admitted by him before the police and had compounded the offence under section 184 of the m. v. act and had paid rs. 800/-, towards compounding fees. according to learned counsel, therefore, the claimant could not have been held to be entitled to any compensation. he ..... to as per their status in the claim petition. 4. the claimant had filed the said petition under section 166 of the motor vehicles ac, 1988 ('m.v. act' for short) for compensation of rs. 3,00,000/- on the account grievous injuries sustained by him in a motor vehicular accident which injuries resulted in permanent disability. .....

P.C. Joshi, Indian Citizen, A practicing Advocate and Others Vs. Union ...

Court : Mumbai

..... the notifications in the field. in that regard, mr. thacker has traced the definition of the above term and as appearing in the chapter v of finance act 1994 as amended by finance act, 2010 (act no.64 of 2010) dated 8th may, 2010 with effect from 1st july, 2010, that time the definition read as under: (105) taxable service means ..... no.30/2012 dated 20th june, 2012 and submits that by this notification and which is issued under exercise of the powers conferred by section 68(2) of the finance act, 1994 (act 32 of 1994) and in supersession of clause (i) of notification of the government of india in the ministry of finance (department of revenue) no.15/2012service tax, ..... of the state and advocates are part of the same, then, they cannot be said to be rendering any service and of the nature envisaged by the service tax act/finance act. legal profession has not been understood from times immemorial as a profit making activity or venture. it is not a business or trade. it is a solemn duty which .....

M/s. Selvel Industries and Another Vs. M/s. Om Plast (India)

Court : Mumbai

..... that whirlpool s design was merely a combination of known designs and, therefore, lacked originality. after looking at the definitions of article and design in the designs act, 2000, the division bench concluded that it is the article by itself that must have its stand-alone identity. design , in this context, means the design ..... ground not only for opposing this notice of motion but also for seeking a cancellation of the design registration. if the definition of a design under the designs act, 2000 is restrictive because it uses the words means only , and this definition includes ornamentation, then, in his submission, the plaintiffs have claimed no registration ..... , is manufactured by the defendants. 3. the question in this notice of motion for interim relief in an action in infringement and passing off under the designs act, 2000, is whether the defendant s product infringes the plaintiffs registered design. 4. i must state straight away that, though this is perhaps oversimplified, to the .....

Balaji Impex Vs. Commissioner of Customs and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(175)ELT283Tri(Mum.)bai

..... commissioner.(d) the plea of the ld. dr that there are no fetters on the redemption fine required to be imposed but the provisions of section 125 of the customs act, 1962, are well taken. but the adjudicator cannot also violate with infirmity the instructions with appraising mannual & boards order. the higher fines and penalties, if justified could be imposed. however .....

Petrofils Co-operative Ltd. and Vs. Industrial Development Bank of

Court : DRAT Mumbai

Reported in : IV(2005)BC112

..... of india or the state government. the intention was not to resolve the disputes like eviction of a company of public undertaking under public premises (unauthorised occupants) act; such petty disputes are not directed to be dealt with by the high level officers whose otherwise duty and time is of very important nature...." the above ..... submitted that points about the appellant no. 1 being a multi state co-operative society and giving notice under section 101 of the multi state co-operative societies act, were not taken up in the debts recovery tribunal and, therefore, the appellants should not be permitted to argue these points at this appellate stage. mr. ..... constitution of india. it was further stated that the appellant society was also a public sector undertaking incorporated and registered under the multi state co-operative society act, 1984 and that the government of india was holding 85 percent of the total equity shares in the paid up equity share capital of the appellant society, .....