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...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 a suit to apply...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 is contained in Part I of...
...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 13,604...New Shorrock Spg. and Manufacturing Co. Ltd. v. CIT (1956) 30 ITR 338 (Bom).3...what is the meaning of the expression in the context of Section 10(2). In New Shorrock Spg. and Manufacturing Co. Ltd. (1956) 30 ITR 338...
...the appeal of the assessee and accepted the claim for exemption under Section 15-C. According to the Tribunal both the Steel Foundry and the Jute Mill Division of the assessee were 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 industrial licences...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 those very spare...
...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 (Protocol and.... This Section 85 of the new Act we reproduce at the outset:“85. Repeal and savings.—(1) The Arbitration (Protocol and Convention) Act, 1937 (6 of 1937), the Arbitration Act...the parties. The venue for the arbitration proceedings shall be New Delhi, India.”4. Disputes and differences having arisen, the arbitration proceedings commenced on...
...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...
...Order1. Leave granted. Heard the learned counsel.2. The assets of New Horizon Sugar Mills (for short “New Horizon”) were...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 Horizon and EID...Parry. Aggrieved by the said order, EID Parry filed WA No. 1788 of 2005.4. By interim order dated 7-12-2005 passed in writ petitions filed by the two employees' unions of New...
...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 inter alia...was not made in the course of 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...
...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...
...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 award maintenance...
...on October 1, 1971 and as such the building was not covered by the U.P Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as “the new Rent Act” for short...resisted by the appellant on the ground that the building in question was constructed in 1968 and that it was covered by the new Rent Act. His further stand was that rent had been cleared upto April 6...by him towards the repairs of the premises. By a later amendment it was further pleaded that the plaint having not been amended so as to bring the suit under the provisions of the new Rent Act the...
...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 claim...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...
...‘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...
...she was travelling in the truck on 11-3-1990. She died on the spot. Her father, brother and sister made a joint claim for compensation under the Motor Vehicles Act, 1988 (for short “the new Act”). The...Motor Accident Claims Tribunal before which the claim was made passed an award in a sum of Rs 25,000 to the claimants. The owner of the truck was found liable to pay the compensation amount. M/s New...to as “the old Act”). The aforesaid provision contained a rider in clause (ii) of the proviso to sub-section (1) which is absent in the corresponding provision in the new Act. To pinpoint the said...
...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 more than a different or...ever be amended or added and, of course, no one would want to change or add an immaterial allegation by amendment. That expression for the present purpose only means, a new claim made on a new basis...
...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 filed a writ petition before the...High Court under Article 226 of the Constitution for the issue of mandamus restraining the State Government from issuing the final notification, mainly on the ground that on the enforcement of the new...the new Act and the same could legally be finalised under the provisions of the new Act. Sardar Mohd. filed a Letters Patent Appeal against the judgment of the learned Single Judge. A Division Bench...
...12th 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..., entitled to 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...as 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...
...Tax Act, 1961 (hereinafter referred to as “the new Act”). The facts giving rise to these appeals are few and may be briefly stated as follows.2. There was at all material...the export firm and the mining firm relating to Assessment Years 1950-51 to 1956-57 were reopened after the new Act came into force and reassessments were made enhancing the assessable income of the...two firms in accordance with the procedure provided in the new Act. Consequent upon the reassessments of the income of the two firms for Assessment Years 1950-51 to 1956-57, notices were issued to...
...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 efficient...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...
...the Articles of Association of the company so as to embody the terms of the agreement. Some time later, the subscribed capital of the company was increased to Rs. 61 lakhs and the new shares were so...Controller of Capital Issues for the issue of additional share capital, the appellant suggested at a meeting of the board of directors in March 1958 that the new shares should be issued...proportionately to the existing shareholders in accordance with the provisions of Section 81 of the Companies Act, 1956. On the other hand those representing the P and L groups proposed that the new shares should...
...Writ Petition No. 846 of 1965 holding that the notice under Section 226(3) of the Income Tax Act, 1961, hereinafter called the “new Act”, bearing No. 770-d/60-61, 61-62, 62-63 and 63-64 issued by the...and quashing the notice to that extent.2. The impugned notice was issued under Section 226(3) of the new Act, The respondent, Sri M. Damodar Bhat was in arrears...stage to set out the relevant provisions of the Income Tax Act, 1961 (Act 43 of 1961) and of the Income Tax Act, 1922 (Act 11 of 1922), hereinafter referred to as the “old Act”. Section 156 of the new Act...