Union of India (UOI) and Others Vs Hamdard (Waqf) Laboratories
.... t section made before the date on which the Finance Bill, 1995 receives the assent of the President, is not refunded within three months from such date, there shall be paid to the applicant interest under this section from the date immediately after three months from such date, till the date of refu ...
SUPREME COURT OF INDIA
Madras Bar Association Vs Union of India (UOI)
.... he pointed controversy dealt with by a constitution bench of 5 Judges of this Court. The issue adjudicated upon, pertained to the constitutional validity of the Constitution (Forty-second Amendment) Act, 1976, and more particularly, Sections 4 and 55 thereof, whereby Articles 31C and 368 of the Cons ...
Supreme Court of India
Union of India (UOI) Vs Assam Hard Board Ltd.
.... Tea Co. Ltd. and Others Vs. Superintendent of Taxes, Nowgong and Others, . The point which arose for decision can be found from paragraph 6 of the judgment. The Supreme Court pointed out as follows : "The only question that falls for consideration here is whether in an application under Art ...
Gauhati High Court
Union of India (UOI) and Others Vs Assam Hard Board Ltd.
.... Ltd. and Others Vs. Superintendent of Taxes, Nowgong and Others, The point which arose for decision can be found from paragraph 6 of the judgment. The Supreme court pointed out as follows: The only question that falls for consideration here is whether in an application under Article 226 of ...
Gauhati High Court
Wigman Electrical Eng. Ind. P. Ltd. Vs Union of India
.... hat it is without jurisdiction. By virtue of legislation constituting them, the competent authority or the appellate authority have the power to determine finally the preliminary facts on which further exercise of their jurisdiction depends. Appropriate authority has jurisdiction to decide that part ...
Gujarat High Court
Ravindra and Company Vs Union of India (UOI)
.... y the Assistant Collector on the ground that the claim was barred by Section 11(B) of the Act. 4. Firstly, the order refusing refund is itself appeal able under the Act. There is no reason why the petitioner should have directly approached this court by way of writ petition. As long as sub-sectio ...
Allahabad High Court
Prestige Engineering (India) Pvt. Ltd. Vs Union of India (UOI)
.... te, is recoverable only by statute or contract, or that interest is allowed only where there is a delay or default of the debtor, but that delay or default cannot be attributed to the state, since the state is presumed to be always ready to pay what it owes. Where a jurisdiction supports the rule th ...
Allahabad High Court
Mamta Drinks and Industries Ltd. and Another Vs Union of India (UOI) and Another
.... s) disposed of on 28-7-1988, took the view that the refund should not be refused on the ground that it would be a fortuitous benefit to the Petitioner. As to this decision, it may be stated that the point of unjust enrichment had really not been gone into in view of the fact that the order of refund ...
Orissa High Court
Oswal Oil And Soap Industries and Another Vs Customs, Excise and Gold Control Appellate Tribunal and Others
.... as held that claim for refund of duty could be entertained within three years from the date when the mistake of law was discovered and that there was no provision in the Central Excise Law under which a manufacturer could be denied the refund of duty illegally collected from him even though he had r ...
High Court Of Punjab And Haryana At Chandigarh
Leukoplast (India) Ltd. Vs Union of India and others
.... must also stand rejected." Similar view is expressed in the case of Wipro Products Ltd. It would thus be clear that S. 11B would not come in the way of the petitioner for claiming a refund if sub-section (5) is omitted from consideration. 7. Mr. Neurenkar relied upon sub-section (5) for the pu ...
Bombay High Court
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