Search Results Page

Search Results

1 - 10 of 48 (0.78 seconds)
Documents citing V/O Tractor Export, Moscow vs M/S. Tarapore & Company & Anr on 28 October, 1969

Farrukhabad Investment (I) Ltd. vs Joint Commissioner Of Income Tax on 27 March, 2002

"A statute not be construed as a theorem of Euclid but the statute must be construed with some imagination of the purpose which lies behind the statute. The doctrine of literal interpretation is not always the best method for ascertaining the intention of Parliament. The better rule of interpretation is that a statute should be so construed as to prevent "the mischief and advance the remedy according to the true intent of the makers of statute. VO Tractor Export v. Tarapore & Co. (1969) 3 SCC 562, 586 : (1969) 2 SCR 699 : AIR 1970 SC 1168."
Income Tax Appellate Tribunal - Delhi Cites 58 - Cited by 20 - Full Document

Sharda Educational Trust vs Assistant Commissioner Of Income Tax on 20 January, 2005

'A statute not to be construed as a theorem of Euclid but the statute must be construed with some imagination of the purpose which lies behind the statute. The doctrine of literal interpretation is not always the best method for ascertaining the intention of Parliament. The better rule of interpretation is that a statute should be so construed as to prevent the mischief and advance the remedy according to the true intent of the makers of statute.--VO Tractor Export v. Tarapore & Co. .'
Income Tax Appellate Tribunal - Agra Cites 59 - Cited by 6 - Full Document

Islamic Republic Of Iran vs M.V. Mehrab And Ors. on 9 July, 2002

The Bench after referring to the judgment in M.V. Elizabeth and also the judgments of the Supreme Court in W. O. Tracto Export, Moscow v. M.S. Tarapore and Co., Madras and Jolly George Verghese v. Bank of Cochin which are relied upon by Ms. Sethna, held that in case of a conflict between the Municipal law and the international law on Conventions, the Court will have to apply the Municipal law. However, when there is no conflict between the two, then all just principles of international law or conventions could be legitimately applied unless they are in conflict with the statute or prohibited by any Municipal law. The Bench expressly rejected the argument that the fact that no amendment was carried out in the Merchant Shipping Act to bring it in consonance with the Brussels Convention shows that the Parliament never Intended to adopt the Convention. It was held that the Merchant Shipping Act cannot be construed as a repository of all the admiralty and other jurisdiction of the Court.
Bombay High Court Cites 17 - Cited by 14 - A P Shah - Full Document

C.G.Holdings Private Limited vs Ramasamy Athappan on 5 August, 2011

96. Placing reliance on the decision of V.O.TRACTOR EXPORT, MOSCOW VS. TARAPORE AND COMPANY (AIR 1971 SC 1) and RAMJI DAYAWALL AND SON (P) LTD. VS. INVEST IMPORT (AIR 1981 SC 2085), the learned counsel for respondents Mr.Sivanandaraj contended that even where parties have agreed to refer a dispute for foreign arbitral tribunal it is always subject to a rider that the agreement is subject to the law of the land viz., that it does not prevent the parties from coming to the Court but only gives the Court the power to refuse its assistance in appropriate cases and where enforcing the agreement would work hardship or injustice, the Court would take into consideration before holding the parties to their bargain
Madras High Court Cites 70 - Cited by 1 - R Banumathi - Full Document

Gas Authority Of India Ltd. vs Spie Capag, S.A. And Others on 15 October, 1993

In such cases, according to the article, the mere existence of a valid arbitration agreement which render it mandatory for the court to refer the parties to arbitration and stay the proceedings before it. In a V/o Tractors-export Moscow v. Tarapore and Co. (supra) the Supreme Court has, however, held by a majority of 2 : 1, that Section 3 of the Act does not give full effect to Article II of the Convention. According to the court, the section is applicable only in case where not only is there an arbitration agreement in force between the parties, but there has also been an actual reference to arbitration. It is, therefore, proposed to amend the section suitably to bring out the intention clearly.
Delhi High Court Cites 55 - Cited by 13 - Full Document

Orient Middle East Lines Ltd. And Anr. vs Brace Transport Corporation Of ... on 19 April, 1985

In this connection, I would like to refer to another decision of the Supreme Court reported in Taractoroexport, Moscow v. Tarapore and Co., AIR 1971 SC 1, where in the Supreme Court was called upon to consider the meaning of the expression "submission" in section 3 of the Foreign Awards Act, 1961. The provisions of section 3 have since been amended after this decision of the Supreme Court so as to provide for stay of legal proceedings even when there is no actual submission but only agreement to refer to arbitration because the Supreme Court in that elm held that the word "submission" used in section 3 means actual submission or completed reference and does not mean an agreement to refer or an arbitral clause. We are not concerned with. any such question in the present case but I am referring to this decision of the Supreme Court because it was submitted before the Supreme Court that looking to the purpose and object behind enacting the Foreign Awards Act, 1961, viz to give effect to the Convention, section 3 must be construed as contemplating even a case where there was only an arbitration agreement, in force between the parties but where there was no actual reference to arbitration and that contention was negatived by the Supreme Court. The Supreme Court made pertinent observations in this regard at para, 17 which are, reproduced below: -
Gujarat High Court Cites 46 - Cited by 1 - Full Document

Union Of India (Uoi) And Anr. vs Owner & Parties Interested In Motor ... on 4 May, 1982

3. At the time of hearing of this notice of motion, the learned counsel for the 1st and 4th defendants urged that ordinarily a party which has entered into a contract containing an arbitral clause as its integral part should not be assisted by the court when it seeks to resile from it and particularly having regard to the mandatory provisions contained in Section 3 of the Foreign Awards Act the court is bound to make an order staying the proceedings unless it is satisfied that the agreement is null and void, inoperative or incapable of being performed or in fact there is no dispute between the parties with regard to the matter agreed to be referred. In other words, the submission of the learned counsel for the 1st and fourth defendants was that the court has no discretion to refuse to stay the suit or proceedings where the conditions prescribed in Section 3 of the Foreign Awards Act are satisfied unless the case falls within the excepted 3 or 4 categories specified therein. It was emphasised by the learned counsel for the said defendants that this legislative mandate is unequivocal pursuant to the amendment made in Foreign Awards (Recognition and Enforcement) Act, 1961 by the Amendment Act of 1973 in the light of the decision of the Supreme Court in V/o. Tractoroexport. Moscow v. Tarapore and Co. Madras, AIR 1971 SC 1.
Gujarat High Court Cites 28 - Cited by 3 - Full Document

Birendra Bahadur Pandey vs Gramophone Co. Of India Ltd. And Ors. on 10 February, 1983

8. Therefore, we have to bear in mind that the Supreme Court reiterated that in order to give the expression used its proper meaning the context of statute in the facts and circumstances of the case has to be borne in mind. In this case we have mentioned two treaties with Nepal. In our opinion, these treaties though ,not binding as such for the construction of the sections may be used to clarify the expression used in case of doubt or in case two meanings could be given to the expression. This principle was reiterated by the Supreme Court in the case of V/O. Tractoroexport Moscow v. Tarapore & Co., Madras . There in para 17 at page 8 of the report the learned Judge observed as follows:--
Calcutta High Court Cites 44 - Cited by 6 - S Mukharji - Full Document
1   2 3 4 5 Next