Court : Delhi
..... )(comm) no.111/218 page 7 of 9 it was also held:-""18. shri divan is right in drawing our attention to the fact that the 246th law commission report brought in amendments to the act narrowing the grounds of challenge co-terminus with seeing that independent, impartial and neutral arbitrators are appointed and that, therefore, we must be careful in preserving such ..... independence, impartiality and neutrality of arbitrators. in fact, the same law commission report has amended sections 28 and 34 so as to narrow grounds of challenge available under the act. the judgment in ongc v. saw pipes ltd., (2003) 5 scc705 has been expressly done away with. so has the judgment .....
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..... cases and render its findings in the ita7722004 & connected matters page 20 of 21 light of the provisions of dtaa and the other provisions of the act, in accordance with law. the itat s final order shall be made within six months. the questions of law are answered accordingly. may08 2018 s. ravindra bhat (judge) a.k. chawla (judge) ita7722004 & connected matters page 21 ..... 21. before analyzing the rival contentions, it would be appropriate to extract the relevant parts of the indo german dtaa, which is applicable to the facts of this case. they are extracted as below (incorporating the ita7722004 & connected matters page 10 of 21 amending protocol, which had come into force by the time of the assessment years involved in this case): article .....
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..... of conduct to a state chapter ii article 4 conduct of organs of a state 1. the conduct of any state organ shall be considered an act of that state under international law, whether the organ exercises legislative, executive, judicial or any other functions, whatever position it holds in the organization of the state, and whatever its ..... to have been situated in india, if the share or interest derives, directly or indirectly, its value substantially from the assets located in india . the 2012 amendment also clarified that the term transfer includes and shall be deemed to have always included disposing of or parting with an asset or any interest therein, or creating ..... netherlands bipa inveighing the tax liability cast upon it. (iv) union of india vide letter dated 20th february, 2014 stated that disputes relating wholly or mainly to taxation are excluded from the scope of the [netherlands]. bipa and that the notices of dispute served by vihbv to the government of india under article 9 of the .....
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..... state of gujarat v. shantilal, air1969sc634 it was observed that in ordinary parlance the expression compensation means anything given things equivalent; a thing given to or to make amends for loss, recompense, remuneration or pay. in determining the amount to make w.p. (c) nos.7184/2015 etc. page 8 of 11 of market value ..... judgment rendered in kalawati (supra):15. article 300a of the constitution mandates that no person shall be deprived of his property, save by the authority of law. the act is the law which permits the government to acquire the land of another person compulsorily, i.e. against his wishes and without his consent. the power to acquire ..... one-a principle which would be manifestly offended against by a restriction of the franchise to red-haired citizens. one of the citizen's most onerous burdens is taxation, which too should, in justice, be fairly distributed, so that a statute taxing red-haired citizens at double the rate of others would equally contravene this requirement .....
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..... state of gujarat v. shantilal, air1969sc634 it was observed that in ordinary parlance the expression compensation means anything given things equivalent; a thing given to or to make amends for loss, recompense, remuneration or pay. in determining the amount to make w.p. (c) nos.7184/2015 etc. page 8 of 11 of market value ..... judgment rendered in kalawati (supra):15. article 300a of the constitution mandates that no person shall be deprived of his property, save by the authority of law. the act is the law which permits the government to acquire the land of another person compulsorily, i.e. against his wishes and without his consent. the power to acquire ..... one-a principle which would be manifestly offended against by a restriction of the franchise to red-haired citizens. one of the citizen's most onerous burdens is taxation, which too should, in justice, be fairly distributed, so that a statute taxing red-haired citizens at double the rate of others would equally contravene this requirement .....
Tag this Judgment!Court : Delhi
..... state of gujarat v. shantilal, air1969sc634 it was observed that in ordinary parlance the expression compensation means anything given things equivalent; a thing given to or to make amends for loss, recompense, remuneration or pay. in determining the amount to make w.p. (c) nos.7184/2015 etc. page 8 of 11 of market value ..... judgment rendered in kalawati (supra):15. article 300a of the constitution mandates that no person shall be deprived of his property, save by the authority of law. the act is the law which permits the government to acquire the land of another person compulsorily, i.e. against his wishes and without his consent. the power to acquire ..... one-a principle which would be manifestly offended against by a restriction of the franchise to red-haired citizens. one of the citizen's most onerous burdens is taxation, which too should, in justice, be fairly distributed, so that a statute taxing red-haired citizens at double the rate of others would equally contravene this requirement .....
Tag this Judgment!Court : Delhi
..... state of gujarat v. shantilal, air1969sc634 it was observed that in ordinary parlance the expression compensation means anything given things equivalent; a thing given to or to make amends for loss, recompense, remuneration or pay. in determining the amount to make w.p. (c) nos.7184/2015 etc. page 8 of 11 of market value ..... judgment rendered in kalawati (supra):15. article 300a of the constitution mandates that no person shall be deprived of his property, save by the authority of law. the act is the law which permits the government to acquire the land of another person compulsorily, i.e. against his wishes and without his consent. the power to acquire ..... one-a principle which would be manifestly offended against by a restriction of the franchise to red-haired citizens. one of the citizen's most onerous burdens is taxation, which too should, in justice, be fairly distributed, so that a statute taxing red-haired citizens at double the rate of others would equally contravene this requirement .....
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..... relation to the said agreement, raised a omp no.7/2018 page 1 dispute claiming specific performance of this agreement. during the arbitral proceedings, by way of an amendment, the prayer for specific relief was given up by the petitioner and instead the relief was confined to refund of an amount of rs.2.70 crores along ..... handwriting expert should have been relied upon by the arbitrator. in my opinion, the said argument cannot be accepted. in terms of section 45 of the indian evidence act, 1872, the opinion of the handwriting expert, though relevant, is not conclusive. it can at best be uncorroborated piece of evidence but cannot take the place of substantive ..... is necessary to observe that expert's evidence as to handwriting is opinion evidence and it can rarely, if ever, take the place of substantive evidence. before acting on such evidence it is usual to see if it is corroborated either by clear direct evidence or by circumstantial evidence. in the present case all the probabilities are .....
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..... the plaintiffs did not press any relief against the police officers who were impleaded as d-8 and d-9.11. the plaintiffs thereafter moved an application seeking amendment/clarification in the order dated 4th june, 2016 as the trial court had not granted any pendente lite interest. the trial court after hearing arguments in the ..... may be mentioned that the structure was constructed without getting the competent authority. however, no notice was issued against the unauthorised structure was demolished without due process of law, the owners are to be compensated. it is, therefore, proposed that we may restore the possession of the site to the owners. according to the revenue ..... , i may observe, is only a desperate attempt on the part of the officials to justify their illegal acts since no demolition action could have been undertaken under the given circumstances without issuing a show cause as per law and the director (lands and management) sh. r.d. saklani was also of the same view that since .....
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..... the plaintiffs did not press any relief against the police officers who were impleaded as d-8 and d-9.11. the plaintiffs thereafter moved an application seeking amendment/clarification in the order dated 4th june, 2016 as the trial court had not granted any pendente lite interest. the trial court after hearing arguments in the ..... may be mentioned that the structure was constructed without getting the competent authority. however, no notice was issued against the unauthorised structure was demolished without due process of law, the owners are to be compensated. it is, therefore, proposed that we may restore the possession of the site to the owners. according to the revenue ..... , i may observe, is only a desperate attempt on the part of the officials to justify their illegal acts since no demolition action could have been undertaken under the given circumstances without issuing a show cause as per law and the director (lands and management) sh. r.d. saklani was also of the same view that since .....
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