Clariant International Ltd. v. Securities & Exchange Board of India

8 SCC 524Reported decision2012#18297 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,460 Indian tax judgments — from 2017 to 2022.

Judgments citing Clariant International Ltd. v. Securities & Exchange Board of India

The Mangalore Electricity Supply Company Ltd vs. Sri A Chandrasekhar

WP/15230/2022HC Karnataka17 Oct 2022

Bench: G.NARENDAR,P.N.DESAI

…f grievance still holds the field. Therefore, when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation.” 13. Nextly, reliance is placed on the ruling in (2012) 8 SCC 524 (Cicily Kallarackal v. Vehicle Factory) wherein at paragraphs 2, 4 and 9 it is observed as under: 2. The basic issue that has been raised in the petitions is that the Kerala High Court did not have the jurisdiction to entertain the writ petition against the judgment and order passed by the National Consumer Disputes Redressal Commission (…

Pt. Rajendra Prasad Smarak Trust, Bareilly vs. The C.I.T. (E), Lucknow

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 2/LKW/2021[NA]Status: DisposedITAT Lucknow04 Aug 2022

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:N.A.

Section 12A

…hority in the wisdom of the legislature. The said power has not been proscribed in any manner whatsoever. 21. Hon'ble the Supreme Court in the case of Clariant International Limited and another versus Securities and Exchange Board of India reported in (2004) 8 SCC 524 has held that once the jurisdiction of the Appellate authority is not fettered by statute, it exercises all the jurisdiction. It has also been held that the limits to jurisdiction of the Appellate authority would have been stated explicitly in the statute had that been the intention of legislature. The relevant paragraphs of the judgment in the ca…

M/S Confident Group vs. Mr. Akhil C

WP/14548/2020HC Karnataka23 Jul 2021

Bench: ARAVIND KUMAR,N S SANJAY GOWDA

Section 12

…spondent No.1 - decree holder has contended that present writ petition is not maintainable. In support of his submission, he has relied upon the judgment of the Hon'ble Apex Court in CICILY KALLARACKAL v. VEHICLE FACTORY reported in (2012)8 SCC 524. He would contend that merely because the order of appellate authority is silent about other reliefs granted by the District Commission, it can neither be assumed nor can it be presumed that reliefs granted by the District Commission had stood eclipsed or rejected. Elaborating his submissions, he contends that only paragraph 4 of 11 the…

The Pr.Commissioner of Income Tax -1 (International Taxation) vs. Ge Caledonian Ltd

ITA/664/2018HC Delhi01 Jun 2018

Bench: The Learned National Consumer Disputes Redressal Commission (Ncdrc) Against The Petitioner Lucina Land Development Ltd. & Others By 51 Allotees Of Flats In A Project Of The Petitioners, Titled ―Indiabulls Greens Panvel‖ (―The Project‖, Hereinafter). The Complaint, Preferred Under Section Digitally Signed By:Sunil Singh Negi Signing Date:02.05.2022 15:58:14 Signature Not Verified

Section 12(1)(c)Section 2(1)(d)Section 2(1)(g)

…Court. Therefore, we have no hesitation in issuing a direction of caution that it will not be proper exercise of jurisdiction by the High Courts to entertain writ petitions against such orders of 8 (2012) 8 SCC 524 Digitally Signed By:SUNIL SINGH NEGI Signing Date:02.05.2022 15:58:14 Signature Not Verified CM(M) 664/2018 Page 17 of 46 the Commission.‖ 12. As against this, learned Counsel for the petitioners, relying on the following passages from the report in State of Karnataka v. Vishwabharathi House Building Coop.…

Pr. Commissioner of I Tax-7 vs. R M G Polyvinyl (I) Ltd

Appeal is disposed of with no order as to costs

ITA/29/2017HC Delhi07 Jul 2017

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MS. JUSTICE PRATHIBA M. SINGH

Section 138

…kept in mind by the adjudicating court while awarding interest under Section 24 of the Code of Civil Procedure, 1908 as under:- “14. We are inclined to refer to the decision in Clariant International Ltd. Vs. Securities & Exchange Board of India (2004) 8 SCC 524 where it was held by this Court that the interest can be awarded in terms of an agreement or statutory provisions and it can also be awarded by reason of usage or trade having the force of law or on equitable considerations but the RFA 29/2017 Page 12 of 13 same cannot be awarded by way of damages except in cases whe…