Search Results for "Fourth Schedule"

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Search Results for "Fourth Schedule"

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Supreme Court

Supreme Court Dismisses Appeals in Terminal Excise Duty Refund Dispute Under Foreign Trade Policy. Export Oriented Units Not Entitled to Refund as Procurement from Domestic Tariff Area Units Was Ab Initio Exempt from Excise Duty Under Paragraphs 6.2(b) and 6.11(c)(ii) of Foreign Trade Policy, 2009-2014.

4 Jan 2022

The dispute involved appeals by Export Oriented Units (EOUs) challenging the refusal of refund claims for Terminal Excise Duty (TED) paid on excisable...

Supreme Court

Supreme Court Dismisses Employer's Appeals in Industrial Dispute Over Transfer Orders. Transfer Orders Declared Illegal for Violating Section 9A of Industrial Disputes Act, 1947 as They Constituted Illegal Change Without Notice and Altered Work Nature.

26 Oct 2021

The dispute arose from transfer orders dated 13.01.2015 issued by Caparo Engineering India Ltd., the employer, transferring nine workmen from its Dewa...

Supreme Court

Supreme Court Appoints Sole Arbitrator in Arbitration Petition Under Arbitration and Conciliation Act, 1996. Disputes arose from Construction Management Agreements regarding completion notices and fee obligations, with the court determining arbitration under those agreements was appropriate.

22 Sep 2021

The Supreme Court of India dealt with two arbitration petitions filed by DLF Home Developers Limited (DHDL) under Section 11(6) read with Section 11(1...

Supreme Court

Supreme Court Upholds High Court's Appointment of Arbitrator in Arbitration Dispute Over Distributorship Agreement. The Court affirmed that Section 12(5) of the Arbitration and Conciliation Act, 1996, applies to ensure arbitrator neutrality, overriding prior arbitration clauses that designate potentially biased arbitrators, such as a party's Chairman.

9 Sep 2021

The dispute arose from a distributorship agreement dated March 31, 2015, between Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited (the petitioner) and ...

Supreme Court

Supreme Court Upholds Landowners' Challenge to Tamil Nadu Land Acquisition Laws Revival Act, 2019 on Grounds of Separation of Powers and Constitutional Invalidity. The Court held that legislative revival of enactments declared unconstitutional due to repugnancy under Article 254 of the Constitution is impermissible without re-enactment and fresh Presidential assent, as it overrules judicial determination and violates constitutional limits.

29 Jun 2021

The Supreme Court of India, in a civil original jurisdiction writ petition, addressed a constitutional dispute concerning the separation of powers and...

Supreme Court

Supreme Court Appoints Arbitrator in International Commercial Arbitration Involving Sub-Lease Dispute — Holds That Lease Disputes Under Transfer of Property Act Are Arbitrable. The Court ruled that disputes arising from a sub-lease deed governed by the Transfer of Property Act, 1882 are arbitrable, and since the petitioner is a foreign national, the Supreme Court has jurisdiction to appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

18 Dec 2020

The petitioner, Suresh Shah, a Kenyan national and habitual resident of Nairobi, Kenya, filed a petition under Section 11(5) of the Arbitration and Co...

Supreme Court

Supreme Court Allows Appeal on Arbitrator Fees: NHAI's Revised Fee Schedule Prevails Over Fourth Schedule of Arbitration Act. The court held that arbitrator fees fixed by agreement are binding and that the Fourth Schedule does not override such agreement, but the fee schedule is subject to revision by subsequent policy circulars.

10 Jul 2019

The Supreme Court dealt with two appeals concerning arbitrator fees in contracts with the National Highways Authority of India (NHAI). In Civil Appeal...

Supreme Court

Supreme Court Appoints Sole Arbitrator in University Software Contract Dispute. Parties jointly request retired judge as arbitrator; Court appoints subject to Section 12 declarations and Fourth Schedule fees.

9 Jul 2019

The petitioner, Nirmal Software Services Pvt. Ltd., entered into a Memorandum of Understanding (MoU) with Dr. Babasaheb Ambedkar Marathwada University...

Supreme Court

Supreme Court Allows Appeal in Arbitration Appointment Dispute — CMD's Ineligibility to Act as Arbitrator Renders Appointment Void Ab Initio. Express Agreement in Writing Under Section 12(5) Proviso Must Be Post-Dispute and Cannot Be Inferred from Pre-Dispute Conduct.

10 Apr 2019

The Supreme Court allowed the appeals filed by Bharat Broadband Network Limited (BBNL) against the judgment of the Delhi High Court, which had rejecte...

Supreme Court

Supreme Court Dismisses Appeal of Manufacturer Challenging Turnover Tax Assessment Under Karnataka Sales Tax Act. Levy of turnover tax on total turnover including interstate sales for classification purposes is constitutionally valid and does not exceed legislative competence.

28 Mar 2019

The appellant, M/s. Achal Industries, a manufacturer and registered dealer of cashew kernels and cashew shell oil, was assessed for turnover tax under...

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