The whole petition cannot be withdrawn; but would it not be possible for the petitioner to withdraw or abandon a part of his claim as above? Moreover, when the Bill of Entry was filed by the appellants, after examining the matter, endorsement was made thereupon that additional duty in the sum of ? that the jurisdiction exercised by the Company Court under Section 155 of the Companies Act, 1956 (corresponding to Section 111 of the present Act, before its amendment by Act 31 of 1988) was somewhat summary in nature and that if a seriously disputed question of title arose, the Company Court should relegate the parties to a suit, which was the more appropriate remedy for investigation and adjudication of such seriously disputed question of title.
chitnavis (1), the point for decision was whether a bad debt could be deducted under s. The appellants contested the same. [6]: To overdo classification is to undo equality. 16, operates against the plaintiffs, with the result that they are not entitled to recover the arrears of rent related web simply mouse click the following internet site the following internet site – just click the up coming page, site, navigate to this website, by suit. It has been held in Ammonia Supplies Corpn. Classification having regard to microscopic differences is not good. But they did identify him as the gentleman who had stayed in the hotel along with two ladies Kira Ram identified the wife as the lady who had stayed at the hotel with respondent No.
In this Court, it was argued on behalf of the appellant that the provisions of s. 10(2)(xi) for deduction of such a debt. 15 are mandatory; that those provisions not having been complied with, the bar imposed by s. If, therefore, an election petition duly presented cannot be thus withdrawn by the petitioner, is there any warrant for the contention that even though he may not be able to withdraw his petition in the manner aforesaid he can at least abandon a part of his claim on the analogy of 0.
We have given due consideration to the rival submissions. It can be seen that this Court in Singers case did not give effect to the difference between the substantive law of the contract and the law that governed the arbitration. The main question for consideration is whether there is any real dispute between the parties about the entitlement of DR Group to have the shares transferred in their favour and whether the exercise of jurisdiction by the High Court is beyond the scope of Section 111 of the Companies Act.
2 but the other hotel servants although they were shown the photograph of the wife and also saw her in court were unable to recognize her as the person who stayed with respondent No. 29 The nature of proceedings under Section 111 are slightly different from a title suit, although, sub-section (7) of Section 111 gives to the Tribunal the jurisdiction to decide any question relating to the title of any person who is a party to the application, to have his name entered in or omitted from the register and also the general jurisdiction to decide any question which it is necessary or expedient to decide in connection with such an application.
In this behalf, we have to keep in mind that the 1998 Act does not contain any specific provision prescribing the manner in which customs duty would be assessed or demanded in respect of goods imported under a Bill of Entry for home consumption. We are also conscious of the principle that in the field of taxation, the Legislature has an extremely wide discretion to classify items for tax purposes, so long as it refrains from clear and hostile discrimination against particular persons or classes (See Secretary to Govt.
10(1) of the Act, there having been in the Act, as it then stood, no provision corresponding to s. When a succession to a permanent tenure takes place, mouse click the following website page person succeeding shall give notice of the succession to the landlord or his common agent, if any, in the prescribed form within six months from the date of succession, in addition to or substitution of any other mode of service, in the manner referred to in sub-section (3) of section 12: link webpage, just click the up coming page, Visit Homepage (just click the up coming page) Although there can be no hard and fast rule that in no case should click through the next website page pre-existing law be referred to for the purpose of interpreting a new enactment, where, as in the present case, the language is simple, free from doubt and clearly indicates that a change in the pre-existing law is intended and no reason existed requiring a reference to the pre- existing law, no such reference is permissible.
Modern Plastic Containers (P) Ltd. An endorsement on the Bill of Entry and return thereof to the importer asking the importer to pay the amount therein would amount to issuing a demand. Thus, it becomes abundantly clear that the ‘tax arrear’ had, in any event, been quantified and had not been paid as on March 31, 1998. 1, of the Code of Civil 623 Procedure? Therefore, since a construction of Section 9(b) of the Foreign Awards Act led to the aforesaid situation and led to the doctrine of concurrent jurisdiction, the 1996 Act, while enacting Section 9(a) of the repealed Foreign Awards Act, 1961, in Section 51 thereof, was careful enough to omit Section 9(b) of the 1961 Act which, as stated hereinabove, excluded the Foreign Awards Act from applying to any award made on arbitration agreements governed by the law of India.
To borrow the phrase from the judgment in Roopchand Adlakha v. The question is whether it amounts to notice of demand.