To recapitulate in brief, Rule 3 echoes the principle enshrined in sub-section (1) of Section 14 by mentioning that value of the imported goods would be the transaction value[3]. The High Court observed that the question for adjudication was basically whether the Act authorises the Board to pass such an order and whether the intention of the legislature is to confer the power of price fixation on the Board. However, even when the fiction is applied, the scheme and spirit behind Rules 5 to 8 would amply demonstrate that the endeavour is to have closest proximity with the actual price.
We further hold that the Board is also not empowered to fix any component of network tariff or compression charge for an entity such as the petitioner having its own distribution network. 24(2) not top Chandigarh lawyers been enacted by the Legislature, the result would have been that the aggregate depreciation would have been deducted first out of the profits and gains in preference to unabsorbed business losses which might have been carried forward under s. It will be appropriate to leave that question to be decided by the Arbitral Tribunal on taking evidence, along with the merits of the claims involved in the arbitration.
PW 15 Sukhwinder Singh received number of injuries. 2 To the top Chandigarh lawyers extent that full compensation for any rise or fall in costs to the contractor is not covered by the provisions of this or other clauses in the contract, the unit rates and prices included in the contract shall be Chandigarh legal services deemed to include amounts to cover the contingency of such other rise fall in costs. It may not be possible at that stage, to decide whether a live claim made, is one which comes within the purview of the arbitration clause.
Having held so, we do not deem it necessary to deal with the other Regulations impugned in the writ petition and suffice it is to state that any provision therein having the effect of empowering the Board to fix the price or the network tariff or compression lawyer in Chandigarh charges for CNG, as long as not transportation advocates in Chandigarh rate, is beyond the competence of the Board and ultra vires the PNGRB Act and of no avail. 2000 PW 15 Sukhwinder Singh and Jassi were coming back on a scooter from Malerkotla to their village and when they had reached village Sykhe at about 9.
The adjustments which are made in accordance with the provisions of Rule 9 are nothing but the costs and services, as specified in first proviso to Section 14(1) of the Act. 25) It can very well be seen from the Valuation Rules, 1988 that these Rules are made to facilitate arriving at the valuation of goods in all the contingencies provided in sub-section (1) of Section 14. The High Court referred to Section 11 of the Act and came to hold that:- We thus conclude that PNGRB Act does not confer any power on the Board to fix/regulate price of gas as has been done vide the impugned order dated 9th April, 2012.
30 PM, four persons armed with hockey sticks and swords got down from a white Maruti car and attacked them. That is why Rules 5 to 8 are to be applied in a sequential manner, meaning thereby we have to first resort to Rule 5 and if that is not applicable only then we have to go to Rule 6 and in the case of inapplicability of Rule 6, we have to resort to top legal services in Chandigarh Rule 7 and even if that is not applicable, then Rule 8 comes into play. Amit Modi found him to have suffered the following injuries:- 2 X 1cm incised wound over left side of face 2 cm below ear pinna.
We have already reproduced the relevant Rules and indicated the scheme thereof. In order to prevent such a situation, the Legislature enacted the proviso (b) to s. PW 15 Sukhwinder Singh somehow managed to reach the house of PW 20 Sukhdev Singh who got him admitted Lawyers Chandigarh in the Civil Hospital, Malerkotla, where PW-1 Dr. The purpose of these Rules is to fix the transaction value of the goods law firms in Chandigarh notionally. The Chief Justice has to decide whether the applicant has satisfied the conditions for appointing an arbitrator under Section 11(6) of the Act.
For the purpose of taking a decision on these aspects, the Chief Justice can either proceed on the basis of affidavits and the documents produced or take such evidence or get such evidence recorded, as may be necessary. Leaving him in injured condition, those persons forcibly took away Jassi in that car. transaction value cannot be determined, that we have to resort to Rules 5 to 8 of the said Rules. Dushyant Dave, learned senior counsel placed reliance upon the decisions in Enercon (India) Limited or a long-barred claim that was sought to be resurrected and whether the parties have concluded the transaction by recording satisfaction of their mutual rights and obligations or by receiving the final payment without objection.
In order to find out as to what would be the closest real value of the goods, Rule 5 mentions that transaction value of “identical goods” It is only in those cases where value of the imported goods i. Io = Base Cost Index corresponding to the Wholesale Price in India (for all commodities) for the price under consideration (Base 1993-94=100) released by the economic advisor, Ministry of Industry, Government of India, at the time specified in para (E) hereinafter.
1 Contract Price shall be adjusted for increase or decrease in rates and prices of labour, materials, fuels and lubricants in accordance with the following principles and procedures and as per the formula given in the contract data: Likewise, Rule 4 again reproduces the concept behind sub-section (1) of Section 14 by stipulating in no uncertain terms, that the transaction value shall be the price actually paid or payable for the goods when sold for exports to India. 24(2) but as such losses can be carried forward only for limited number of years, the assessee would in certain circumstances have in his books losses which he might not be able to set off even within the time-limit during which the set off is permitted.
And again:- We thus allow this writ petition to the extent of holding that the Petroleum and Natural Gas Regulatory Board is not empowered to fix or regulate the maximum retail price at which gas is to be sold by entities as the petitioner, to the consumers. We think that adoption of this procedure in the context of the Act would best lawyers in Chandigarh serve the purpose sought to be achieved by the Act of expediting the process of arbitration, without too many approaches to the court at various stages of the proceedings before the Arbitral Tribunal.