Customs Act, 1962, Section 130, 111(b), 111(f), 125, 87 -- Appeal before High Court - Maintainability - Payment of custom duty - Issue is related to whether Exemption u/s.87 of the Act is allowable or not if the vessel AE is a foreign going vessel - With respect to such an issue, against the order passed by CESTAT, appeal would be maintainable...........
Transfer of Property Act, 1882, Section 130, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17(1) -- Transferee of actionable claim - Substitution - Secured assets - Appellant initially filed application for substitution as a secured creditor under SARFAESI Act consequent to assignment of debt to it - After..........
Transfer of Property Act, 1882, Section 130 -- Assignment of contract - There can only be an assignment of rights arising under a contract but not the burden of a contract...........
Transfer of Property Act, 1882, Section 130 -- Assignment - Two arbitration agreements - Agreement-I is a bi-party agreement between an Indian company and American company - Whereas, Agreement-II is a tri-parte agreement between three companies viz, two Indian companies and one American company - Agreement-II recognizes transfer of rights of original contract i.e American..........
Civil Procedure Code, 1908, Section 130 -- Calcutta High Court (Original Side) Rules, 1914, Ch.13A, Rule 1 - Leave to defend - Suit for eviction - Defendant denied service of quit notice - Plaint does not disclose that any other mode of service was adopted except sending notice by registered post - Held, defendant has disclosed good defence against ejectment on ground of..........
Customs Act, 1962, Section 130(b) -- Assessable value of imported goods - Misdeclaration by accused as regards country of origin, quantity and value of imported goods - Rejection of assessable value by Commissioner which was declared in bill of entry and confiscated the goods - In appeal, Tribunal, on basis of invoice and parking list annexed with bill of entry and..........
Banking Regulation Act, 1949, Section 6(1)(a), Transfer of Property Act, 1882, Section 130, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13 -- Banking business - Includes recovery - Assignment of debt/NPA for recovery of such debt to Banking Company is valid transaction - Such transaction is not prohibited by..........
Insurance Act, 1938, Section 38, Transfer of Property Act, 1882, Section 130, 135 -- Decree - As soon as it is passed or order is made in favour of the complainants, the Bank is entitled to claim the said amount - For such a relief, it is not necessary for the Bank to become a plaintiff by filing a suit in a competent Court of law and obtain a decree in its favour...........
Jammu and Kashmir Migrants (Stay of Proceedings) Act, 1997, Section 3, Insurance Act, 1938, Section 38, Transfer of Property Act, 1882, Section 130 , 135 -- Insurance claim - Assignment and transfer of insurance policies - Transfer of actionable claim - Assignment of rights under policy of insurance against fire - Substantial advance was made to the complainants by the..........
Contract Act, 1872, Section 130 -- Guarantor entering into continuing guarantee agreement with Bank - Revocation of same before loan was advanced - Held, guarantor is not entitled to benefit of S.130 in view of waiver of his rights by nature of guarantee given to Bank...........
