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Business Law Judiciary

Displaying Judiciary 1 - 10 of 215 in 22 pages


Non compliance can be a reason for rejection of claim


The appellant herein, Export Credit Guarantee Corporation of India Ltd., (hereinafter referred to as `the insurer’), is a government company, which is in the business of insuring exporters. Respondent, M/s Garg Sons International, on 23.3.1995 purcha ...



on 24 April 2013 | by Diganta Paul | More



Impact of RBI's master circular on willful defaulter


The facts very briefly are that the appellant-bank sanctioned Derivatives/Forward Contracts facility to respondent no.1 upto a limit of Rs.2,00,00,000/- (rupees two crores) only for the purpose of hedging foreign currency exposures by its letter date ...



on 22 April 2013 | by Bijoy Paul | More



Issue of Jurisdictional High Court in the case of Godrej Boyce Mfg. Co. Ltd - Applicability of rule 8D


Facts: The department has filed this appeal for assessment year 2007-08 against order dated 2.11.2010 of ld CIT(A)-1, Mumbai. None appeared on behalf of assessee in spite of notice served through ld D.R. as per the report of the Assessing Officer ...



on 05 October 2012 | by Praveen Sharma | More



In the situation of outstanding liability of rent company cnnot proceed to wind up


The Appellant herein as landlord filed a suit for eviction against the respondent company on the ground of default in making payment of the rents and also on grounds of reasonable requirement, in the City Civil Court at Calcutta, under the provisions ...



on 29 August 2012 | by Apurba Ghosh | More



Extension of date of supply or reduction of quantity does not amount to novation of contract


The facts in brief needs to be stated for answering the issues raised. They are: In the case of Purbanchal Cables (C.A. No. 2348 of 2003), the supplier is the manufacturer of Aluminium Conductors Steel Reinforced (for short “ACSR”) for various specif ...



on 20 August 2012 | by Diganta Paul | More



Terms and condition of memorandum of settlement is to be bound on all the party under section 391 and 394 of Companies Act


In sequel to orders passed by this Court with the earnest efforts of Mediators, namely, Mr. J.S. Bhogal, Senior Advocate and Mr. Pawan Thakur, Advocate, the matter has been amicably settled between the parties. The parties have jointly placed on reco ...



on 19 July 2012 | by Diganta Paul | More



In Pension Scheme several parameters for existing members are to be consider for determining amount of pension


In the Pension Scheme, several parameters for existing members, like date of birth of member in service and on calculating the age as on 15.11.1995 for categorizing them in groups are provided which was also considered from the date of joining of his ...



on 11 July 2012 | by Diganta Paul | More



As per sec 14 and 15 the arbitration clause if clearly spelt out the prohibition the cannot intervene and pressurise the parties to settle with substitute arbitrator


The petitioner submits that both Shri N.A. Palkhivala and Shri D.S. Seth are no more and therefore the arbitration clause in the agreement does not survive. It was pointed out that Shri N.A. Palkhivala was named in the agreement since he was the Chai ...



on 25 June 2012 | by Diganta Paul | More



Scheme of Amalgamation should fulfilled the condition of sec 391 to 394 of the Companies Act 1956


Company Petition No.95 of 2004 was a petition under Sections 391 and 394 of the Companies Act, 1956 (hereinafter referred to as „the Act‟) vide which sanction of this Court to the scheme of Amalgamation of Indrama Investment Private Limited (transfer ...



on 19 June 2012 | by Apurba Ghosh | More



Arbitration agreement on the death of the named arbitrator :


Facts - The petitioner by way of Agreement transferred land to the respondent - the Collector, Porbander , Revenue Department, State of Gujarat said lands were transferred to the respondent without prior permission of the Collector and as such the p ...



on 14 June 2012 | by Praveen Sharma | More











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