Customs Valuation (Determination of Price of Imported Goods) Rules, 1988, Rule 9 -- Appeal against order of CESTAT - Order of Commissioner in appeal holding that payments made in License agreement and Basic Engineering, Training and Technical Services Agreement should be added to invoice price of imported goods in terms of R.9 of Rules - Fees paid in both agreements..........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Quantum of compensation - Defendant failed to execute work of construction of sewerage pumping station within stipulated time - Said pumping station was of public utility project - Even if there is no specific evidence of loss suffered by plaintiff authority but project being public utility, delay itself can..........
Transfer of Property Act, 1882, Section 106, 8, Companies Act, 1956, Section 189, 34 -- Lease of industrial plots to Company - Transfer of interest by Company without consent of lessor - Demand of transfer fee - Lease deed prohibiting transfer of plot, change in memorandum and articles of association, or change in capital structure of lessee company without consent of..........
Constitution of India, 1950, Article 12 -- State - Whether BCCI is State u/art.12 of Constitution - Since Board was not created by any statute nor a part of government`s share capital - In absence of any inevitable state control, BCCI is not `State' u/art.12 of Constitution...........
Punjab Village Common Lands (Regulation) Act, 1954 -- Allotment of land - Shortfall - Alternative land allotted with share in shamlat deh as land was acquired for capital project of Chandigarh - But on account of enactment of the Act, 1953 land proposed to be allotted came to vest in Gram Panchayat and, therefore, land could not be allotted - Financial Commissioner after..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A, Chandigarh (Sale of Sites and Buildings) Rules, 1960, Rule 11D -- Breach of condition of sale - Resumption of building - Constitutional validity of S.8A - Held, R.11-D of the 1960 Rules lent no support nor did it help S.8-A to survive on being challenged as violative of Art.14, 19(1)(f) r/w Art.31 of..........
Constitution of India, 1950, Article 14, 19(1)(f), 31, 300A, Capital of Punjab (Development and Regulation) Act, 1952, Section 8A, Chandigarh (Sale of Sites and Buildings) Rules, 1960, Rule 11D -- Breach of condition of sale - Resumption of building - Constitutional validity of S.8A - Held, S.8-A of the 1952 Act does not violate Art.14, 19(1)(f), 31 & 300-A of Constitution..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A, Chandigarh (Sale of Sites and Buildings) Rules, 1960, Rule 11D -- Breach of condition of sale - Resumption of building - Re-transfer - Validity of R.11-D of 1960 Rules - Held, R.11-D was illegal from very inception and it conferred no right enforceable through Court of law to seek re-transfer of a..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A, Chandigarh (Sale of Sites and Buildings) Rules, 1960, Rule 11D -- Breach of condition of sale - Resumption of building - Held, 1952 Act has become neither obsolete nor redundant and it shall continue to operate until repealed expressly or by implication by competent legislature...........
Civil Procedure Code, 1908, Section 148, Capital of Punjab (Development and Regulation) Act, 1952, Section 10(4) -- Allotment of commercial site - Extension of time to deposit amount - Power of statutory authority under 1952 Act - Held, civil Court has power to extend or enlarge time in terms of S.148 CPC - But in absence of such analogous power on statutory authority..........
