NRI Legal Services – https://nrilegalservicessurrey.wordpress.com. Dated 06-May-1998 Metallurgical coke originating in or exported from China PR ” Anti-dumping duty In exercise of the powers conferred by sub-section (2) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rule 13 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government on the basis of the preliminary findings of the designated authority, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 20th March, 1998 that there is dumping in respect of the Metallurgical coke falling under Heading No.
The material facts are these. Pradeep Kumar Yadav, learned counsel for the appellant, with all the distress and the intellectual agony at his command, has submitted that the High Court without appropriate analysis and even without being fully apprised of the fact situation, solely on the basis of parity, as if it is the only foundation or for that matter, the comet that has come off to shine, has enlarged the respondent no.
117 and there could be no question of dismissing the petition for noncompliance with the provisions of that section. The CLB returning a finding opposite has committed an illegality which is liable to be set aside. If that was so, there was sufficient compliance with the requirements of s. The doctrine adumbrated by the learned Judge, namely, the secondary right of pre-emption is simply a right of substitution in place of the original vendee, has been accepted and followed by subsequent decisions.
It is accordingly set aside. This being the case, the theory of concurrent jurisdiction was expressly given a go-by with the dropping of Section 9(b) of the Foreign Awards Act, while enacting Part-II of the Arbitration Act, 1996, which repealed all the three earlier laws and put the law of arbitration into one statute, albeit in four different parts. We have heard learned counsel for the parties. 2011 is set aside; the member register of the companies be rectified in the name of the petitioner group and the petitioners i.
The appellant Company carries on business as a bullion merchant and in that capacity used to buy gold and silver in the Calcutta and Bombay markets and sell the same either direct or through bankers at the aforesaid two places. 2 on bail totally being oblivious that no accused, however influential he may be or clever he thinks to be, cannot be allowed to nullify the sanctity and purity of law and jettison the age old values truth in action and the firm and continuous desire to render to every one which is due, the two fundamental pillars of justice.
It is stated that between November 14,1950, and November 20, 1950, the appellant Company, ill the usual course of its business, purchased about 9,478 tolas of gold, and in respect of the said purchases, borrowed money from respondents 4 and 5. Oil November 22, 1950, the appellant Company received a letter signed by one Jasjit Singh of the Customs Department, requesting the presence of the appellant at the Customs House on November 27, 1950, for opening and checking the bags of bullion which had been seized from the Mint.
With the consent of the appellant Company, the two Banks respondents 4 and 5, sent the gold to the Calcutta Min for the purpose of assaying. The Act received the assent of the Governor General on April 26, 1947, and was first published in the Orissa Gazette on May 14,1947. In order to appreciate the first submission of Shri Lakshmikumaran, namely, that Anti-dumping duty in the present case ought to be nil, we set out the relevant Notifications ” Notification: 22/98-Cus. ” Here we are not dealing with a single payment in return for the surrender of the prospect of making profits in the final year of the agreement, but with a payment for the surrender of an agreement while there was still a substantial period-indeed, more than half of the period of the agreement-to run “.
The gold so purchased was deposited with the respondent banks as security for the loans taken, 7,044 tolas being deposited with respondent 4 and about 2,437 tolas 105 824 with respondent 5. Dev Raj and Lalitya Kumari be substituted in lieu of Jagat Singh. 04 of the First Schedule to the said Act, and originating in or exported from China PR, hereby imposes on the said Metallurgical coke originating in or exported NRI Legal Services from China PR, and imported into India, an anti-dumping duty at the rate of one thousand eight hundred rupees per metric tonne.
also seized from its place of business at 69, Manohar Das Street. But before we do so, it is necessary to state some facts with regard to the enactment and NRI Legal Services enforcement of the Orissa Sales Tax Act, 1947 (Orissa XlV of 1947), hereinafter referred to as the Act, in the old province of Orissa and the ex-Feudatory State of Pallahara. NRI Legal Services On November 20, 1950, the Collector of Customs, NRI Legal Services Calcutta, asked the Mint authorities not to part with the gold, and on November 21, 1950, the gold was seized at the instance of the Customs authorities, Calcutta, in pursuance of a search warrant issued by the Chief Presidency Magistrate, Calcutta.
608 authorised by the Election Commission in that behalf could draw the said monies and no one else could withdraw the same without such authority. On the NRI Legal Services same day, certain books of account of the appellant company were.