terms of DA and performance of
PAAA is premised and predicated on the basis of DA and vice versa. That
DA and PAAA cannot ... specifically
refers to DA and the same is executed towards performance of
obligations under the DA. That reference to the DA is not merely
term of DA are subservient and imperfect rights
which get perfected only upon full compliance with the terms of DA and
upon handing over ... perfected until fulfilment of all obligations under the DA. That the
developer has entered into the DA with full knowledge of non-
entitlement
Roha Dyechem Ltd. 's case
cannot be distinguished from the present case on the ground that in
that case the Board ... clearly
attracted to the present case. The petitioner is trying to distinguish
the present case from this case on the ground that because the
petitioner
Ramesh Chandra 's case, , and expressed their agreement with the view expressed by Buckley J. in the case of A.L.Levy (Holding ... appearing in para. 4 of the judgment in b.Gopal Da's case [1972] TAx LR 2285 (Raj) at p. 2286 :
"As been
Abdulgafar A. Nadiadwala vs Assistant Commissioner Of Income Tax ... on 29 March, 2004
Equivalent citations
several
Mugdha 16/21
17 ASD-Judgment-WP 9749-21.doc
cases, the DA dispose off Applications under Section 14 not only
without granting assistance ... been done in the present case. What is indeed shocking (as in
the present case) is that reliefs are granted to Borrowers/Third
Parties
made in the facts of the present case and the facts in the case of Da "i Valji Shah v. Life Insurance Cortoration ... provisions in the Income-tax Act as appearing in the case of Commissioner of Income-tax v. Tribune Trust, Lahore ' decided, by the Judicial
relied on a Judgment of the Supreme Court in the case of Justiniano Augusto da P. Barreto etc. v. Antonio Vicente de Fonseca ... present case.
22. The learned Counsel appearing on behalf of the Applicants further relied on a Judgment on the case of Justiniano Augusto da
representation by the defenda nt s. ..... In this case
the defen da nt's trading name could not have been
more different. All that ... aforesaid 4 cases
which are in turn considered in the case of Ramdev Food
Product s (supra) are cases of the attempt of infringement
given effect to. Hence, in cases where the IO exonerates the CO
fully, the employer or the DA have to establish availability of
legally sustainable ... question of DA pointing out new reasons or additional material to
assail the report of IO. The respondents or DA in this case
