Arbitration and Conciliation Act, 1996, Section 34, 4, 16, 20 -- Arbitration award - Setting aside - Place of arbitration - Failure to participate in the proceedings before Arbitrator - Submission not raised that Arbitrator did not have jurisdiction or that he was exceeding the scope of his authority - Held, respondent must be deemed to have waived all such objections...........
Customs Act, 1962, Section 14, 12, Customs Valuation (Determination of Price of Imported Goods) Rules, 1988, Rule 4, 9 -- Valuation of imported goods - Drawings and technical documents related to post importation activities for assembly, construction, erection, operation and maintenance of plant and those items could not be included in value of imported goods...........
Income Tax Act, 1961, Section 2(24), 4, 5, 9 -- Income tax - Respondent has its liaison office in India having it main server in UAE - Liaison office is not a Permanent establishment in terms of R.5 of Double Taxation Avoidance Agreement - No tax therefore, can be levied or collected from liaison office of UAE in India in respect of primary business activities consummated..........
Hindu Succession Act, 1956, Section 6, 4 -- Partition suit - Right of married daughters - Plaintiffs were claiming their father's share in suit properties and were not claiming as co-parcenars - There was no severance of status between father of plaintiffs and father of defendants - Plea of custom as alleged by defendant which prevents married daughters from claiming share..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, Prevention of Corruption Act, 1988, Section 7, 8, 9, 12, 13(2), 13(1)(d), Prevention of Money Laundering Act, 2002, Section 3, 4 -- Interim bail - Regular bail applications of accused cannot be decided at the moment - Plea taken in interim bail application that risk is involved due to..........
Land Acquisition Act, 1894, Section 4(1), 5A -- Acquisition of land - Acquisition proceedings - Right to file objection - S.5A of the Act confers a substantive right in favour of a person whose lands are to be acquired - If objection to acquisition proceedings are raised, same have to be adjudicated by indicating brief reasons which can demonstrate objective application of..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 15, 3(3), 4(1), Indian Penal Code, 1860, Section 120B, Explosive Substances Act, 1908, Section 5 -- Confession - Offence u/ss 15, 3(3), 4(1) of TADA Act, S.120-B IPC and S.5 of Explosive Substances Act - Accused stated before Designated Court that he was tortured by police and he had nothing to do with..........
Evidence Act, 1872, Section 30, Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 15, 3(3), 4(1), Indian Penal Code, 1860, Section 120B, Explosive Substances Act, 1908, Section 5 -- Confession of a co-accused - Offence u/ss 15, 3(3), 4(1) of TADA Act, S.120-B IPC and S.5 of Explosive Substances Act - Accused was absconding - Joint trial of accused with..........
Indian Penal Code, 1860, Section 304B, 302, 498A, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Demand of dowry - Quashing of charges - Allegation against father-in-law and brother-in-law - Petitioners were living separately from deceased - However, merely on said ground their involvement in the case cannot be discarded particularly when family members of..........
Land Acquisition Act, 1894, Section 4, Civil Procedure Code, 1908, Section 11 -- Res judicata - Findings in award of Reference Court that lease stood determined for non-payment of rent - It is a finding by Reference Court for limited purpose i.e. not to accept tenant's claim for compensation - Issue before Reference Court decided against tenant for limited purpose of..........
