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Bombay High Court Disposes of Writ Petition Challenging Arbitrary Damages Under Provident Fund Act; Directs Recalculation as per Clause 32A of the Scheme. Damages at Rates Up to 100% Per Annum Found Not Related to Delay; RPFC Directed to Redetermine Quantum After Hearing Consistent with Precedent.

The petitioner, M/s. Standard Meter Mfg. Company, an establishment covered under the Employees’ Provident Funds and Miscellaneous Provisions Act, 19...

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KAHC010159832015_1

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Bombay High Court Quashes Damages Levy for Delayed PF Contributions Due to Financial Hardship and Change of Management. Employer's Delay from 1973 to 1987 Condoned as No Mens Rea Established and Subsequent Compliance Shown.

The petitioner, M/s. Sangam Press Pvt. Ltd., challenged an order of the Regional Provident Fund Commissioner (RPFC), Pune, imposing damages for delaye...

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Bombay High Court Considers Interim Injunction in Trade Mark Passing Off Dispute Involving 'Ajanta' Toothpaste. The Court Examines Claims of Prior Use Where Plaintiffs Alleged Sales from June 2002 and Defendants from December 2002.

Background: The dispute concerned the use of the trade mark 'Ajanta' for toothpaste. The plaintiffs claimed to be prior users of the mark for non-medi...

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Bombay High Court Holds Arbitral Tribunal Cannot Appoint Court Receiver Under Section 17 of Arbitration Act. Court Receiver is an Officer of the High Court Subject Only to Chief Justice's Supervision.

The Court Receiver, High Court, Bombay filed a Report seeking directions on whether the Registry should accept matters where an Arbitral Tribunal appo...

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High Court Dismisses Revenue Appeal in Income Tax Penalty Case — No Substantial Question of Law Arises. Penalty under Section 271(1)(c) of Income Tax Act, 1961 cannot be imposed for mere disallowance of claim without finding of concealment or furnishing inaccurate particulars.

The Revenue filed an appeal under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal dated 29.12.2016, w...