...form of an application and has been signed by all the parties and meets the requirements of Section 7 of the Arbitration and Conciliation Act, 1996 (new Act).3.... The question that arises for consideration is whether this Court in appeal can refer the parties to arbitration under the new Act. The Arbitration Act, 1940 expressly provided for the parties to...1940 Act that with the reference of the disputes, the suit itself may stand disposed of.4. Part I of the new Act deals with domestic arbitrations. Section 5, which...

...repaired the theatre by expending substantial amounts. The amounts spent by him are: on machinery Rs 16,002, new furniture Rs 27,889, sanitary fittings Rs 5225 and replacement of electrical wiring Rs...or any portion thereof is deductible?” The High Court answered the question in favour of the Revenue and against the assessee following the earlier decision of the said Court in New Shorrock Spg. and...Section 10(2). In New Shorrock Spg. and Manufacturing Co. Ltd. (1956) 30 ITR 338 (Bom) Chagla, C.J, speaking for the Division Bench, observed that the...

...new industrial undertakings. The above conclusion was reached on the basis of several facts found by the Tribunal. These are that the machinery was new, was housed in a separate building and that...that purpose the assessee was purchasing the spare parts, forgings and castings from outside. The Tribunal came to the conclusion that the business of the new industrial undertaking was to manufacture...held that even though the manufactured products of the new industrial undertakings were mostly used in the assessee's other business of manufacturing boilers, wagons, etc. the element of profit was...

...interpretation of Section 85 of the Arbitration and Conciliation Act, 1996 (“the new Act” for short) which contains repeal and saving provision of the three Acts, namely, the Arbitration...Act” for short).2. This Section 85 of the new Act we reproduce at the outset:“85. Repeal and savings.—(1) The Arbitration...the Arbitral Tribunal of the Court of Arbitration of ICC and the award made in pursuance thereof shall be binding on both the parties. The venue for the arbitration proceedings shall be New Delhi, India...

...before us have stopped manufacturing Ambassador NOVA model cars and, therefore, the order of the National Commission that a new car be supplied to the respondent cannot be complied with...case, that the appellants had sold a defective car to the respondent and the offer of the appellants for repairs including replacement of a new engine block will not be a substitute for a new car...

...Appointment Scheme was substituted by the “SBI Scheme for payment of ex gratia lump sum amount” with effect from 4-8-2005. The new Scheme abolished the old Scheme for compassionate appointments and...instead provided for payment of an ex gratia lump sum amount as per its terms.3. Clauses 14 and 15 of the new Scheme relevant for our purpose are extracted below...:“14. Date of effect of the Scheme and disposal of pending applications.—… Applications pending under the Compassionate Appointment Scheme as on the date on which this new Scheme is approved by...

...Order1. Leave granted. Heard the learned counsel.2. The assets of New Horizon Sugar Mills (for short “New Horizon”) were...Court, by order dated 12-7-2005 directed that the workmen of New Horizon will be entitled to the benefits under Section 25-FF of the Industrial Disputes Act, 1947 as against the employer New...' unions of New Horizon, another learned Single Judge appointed a retired Judge of the High Court as the special authority to compute the claims of the workmen (instead of the Commissioner of Labour...

...lines of the pilot plant and that, therefore, the outlay could not be treated as an expenditure laid out on and for purposes of the existing business, but must be regarded as one incurred for a new...venture on a new process with a new technology on a new type of plant. The Tribunal held that the payment was “once for all payment” and was made for the acquisition of a capital asset. The Tribunal...carrying out of an existing business of the assessee but was for the purpose of setting up a new plant and a new process. It would, therefore, appear that the Revenue Authorities have rightly treated...

...M.R. Shah, J.:— Feeling aggrieved and dissatisfied with the impugned judgment and order dated 04.01.2016 passed by the National Disputes Redressal Commission, New Delhi...and delivered new car/vehicle to the applicant/consumer.ii) pass an order for refund all such amounts with interest to which the opposite parties has taken to the...to take back the delivered vehicle and in lieu thereof to deliver a new car to the complainant against the previously deposited amount. The District Forum also awarded a sum of Rs. 5,000/- towards the...

.... The Criminal Procedure Code, 1898 was repealed and the Criminal Procedure Code, 1973 was enacted in its place. The new Code came into force on April 1, 1974. On May 3, 1974, the appellant made an...application before the Magistrate, purporting to be under Section 127 of the new Code, for cancellation of the order of maintenance in favour of the son on the ground that the son had attained...majority and did not suffer from any infirmity or abnormality which prevented him from maintaining himself. It was claimed on behalf of the appellant that under the new Code it was not permissible to...

...partial exemption from payment of tax as the company was a new undertaking. The Income Tax Officer rejected the claim as even though the undertaking was new it was not entitled to the benefit as it was...formed by splitting up of business already in existence and also it was formed by transfer to the new business of the building and machinery previously used in other business. But while rejecting the...promoter company as, ‘the business of the new industrial undertaking established by the assessee company did not exist prior to its incorporation and was neither carried on by the promoter company nor by any...

...‘the New Ceiling Law’) they cannot be reopened under sub-section 2 of section 15 of the New Ceiling Law.2. We shall presently show that none of the...lands possessed by him. Those ceiling proceedings were dropped under order dated 29.4.75 in ceiling case No. 2182/75. It appears that the ceiling proceedings under the new Ceiling Law were also...decided under order dated November 20, 75 by the learned Authorised Officer Ceiling, Kota. The State Government in exercise of powers conferred under Sec. 15(2) of the New Ceiling Law, under its order...

...) could be issued. Meanwhile, the Motor Vehicles Act, 1988 (hereinafter referred to as the ‘new Act’) was enforced with effect from July 1, 1989 and the old Act was repealed. The appellant thereupon...ground that on the enforcement of the new Act, the Notification dated October 11, 1979 issued under Section 68-C of the old Act had lapsed on account of delay in finalisation of the same...holding that the draft scheme under the old Act was saved by the new Act and the same could legally be finalised under the provisions of the new Act. Sardar Mohd. filed a Letters Patent...

...:“The general rule, no doubt, is that a party is not allowed by amendment to set up a new case or a new cause of action particularly when a suit on new case or cause of action is...barred: Weldon v. Neal (1887) 19 QBD 394. But it is also well recognised that where the amendment does not constitute the addition of a new cause of action or raise a different case, but amounts to no...expression for the present purpose only means, a new claim made on a new basis constituted by new facts. Such a view was taken in Robinson v. Unicos Property Corpn. Ltd. (1962) 2 All ER 24 (CA) and it...

...purpose of seniority in the new charge. The question for our consideration is whether the said officer is further deprived of the said service even for determining his eligibility for promotion to....3. Renu Mullick, the appellant, joined service in the Directorate of Statistics and Intelligence, Central Excise and Customs, New Delhi on December 17, 1974 as Lower Division Clerk...service rendered by him in the former Collectorate for the purpose of seniority in the new charge. In other words, he will be treated as a new entrant in the Collectorate to which he is transferred...

...March, 1956, the appellant, as holder of 710 ordinary shares, became entitled to purchase new ordinary shares issued in the ratio of one new ordinary share for one existing ordinary share as held on...apply for 710 new ordinary shares to be paid for at the rate of Rs 105 per new ordinary share. This payment was to represent Rs 75 as the face value of the share and Rs 30 as premium. She was also given...capital gain received by the appellant. On behalf of the appellant, the plea was that, on the issue of the new ordinary shares, the value of her old ordinary shares depreciated, because the assets of the...

...the notification issued for formation of new zones is violative of Section 3 of the Railways Act, 1989 (hereinafter referred to as “the Act”) as the same is not formed for the purpose of...to form four new zones remained unimplemented on account of the same and the position has not improved but has only worsened; (ii) that on account of technological innovations by utilisation of...information technology the Railways can centralise their operations and thus reduce the relevance of the new zones; (iii) that the Comptroller and Auditor-General has recommended for reconsideration of the...