Discussion and Findings Sample Clauses

Discussion and Findings. As is seen by the grounds of appeal Xx. Xxxxxxx had numerous complaints relative to the learned judge’s judgment and made many submissions as to findings which he says the learned judge should have made and others which she should not have made. He contended that this court has the ability to set aside those findings which he says were based on errors of facts and law. This jurisdiction he submitted is grounded in Rule 10 (1) of the Court of Appeal Rules, 2005 which provides as follows:-
Sample 1
AutoNDA by SimpleDocs
Discussion and Findings. The Board, after careful review of the record in this matter, including the Petition, the Agreement, and supporting exhibits, pursuant to N.J.S.A. 40A:11-15(1)(c), XXXXXX FINDS the Agreement will have a financial impact that is consistent with the purposes of N.J.S.A. 40A:11-15(1)(c). Accordingly, the Board HEREBY APPROVES the attached Agreement effective June 1, 2023. A copy of the Agreement is attached to this Order.
Sample 1
Discussion and Findings. 23 A. Breach of Contract
Sample 1
Discussion and Findings. 7.1. We have gone through the application and the submissions of the applicant during the personal hearing. The questions to be answered are regarding the rate of tax and taxable value in respect of the construction services of the apartments rendered by them from 01.07.2017; the date of introduction of GST onwards. The practice followed by the applicant is that they purchase the land in their name and obtain a building permit in their name and enter into two agreements with the customers; one for the sale of an undivided share of land and another for the construction of the apartment. Since the amount for the undivided share of land and the amount for construction are fixed and separately available, they are not collecting and paying GST on the amount collected for the undivided share of land and they are collecting GST at the rate of 18% on the amount collected for the construction of the apartment. 7.2. To answer the questions raised by the applicant it is necessary to analyse not only the definitions of various terms under the Notification No. 11/2017 Central Tax (Rate) dated 28.06.2017 but also the rate structure in respect of the service of construction of residential apartments as notified by Notification No. 11/20 17 Central Tax (Rate) dated 28.06.2017 before and after its amendment with effect from 01.04.2019 by Notification No. 03/2019 Central Tax (Rate) dated 29.03.2019. 7.3. A new tax structure for the real estate sector was introduced with effect from 01.04.2019 onwards by amendment of Notification No. 11/2017-CT(R) dated 28.06.2017 by Notification No.03/2019-CT(R) dated 29.03.2019. The Notification No.03/2019-CT(R) dated 29.03.2019 substituted the rate for services related to the real estate sector with effect from 01.04.2019 and also made provisions for continuing the old rate of tax (as it existed up to 31.03.2019) for the ongoing projects. 7.4. The provisions for continuing the old rate of tax (as it existed up to 31.03.2019) for the ongoing projects were incorporated in Items (ie) and (if) of Entry at SI. No. 3 of Notification No. 11/2017-CT(R) dated 28.06.2017 as amended. The entries in Item (ie) and (if) of SI. No. 3of Notification No. 11/2017-CT(R) dated 28.06.2017 as amended by Notification No.03/2019-CT(R) dated 29.03.2019 reads as follows;-^ "(ie) Construction of an apartment in an ongoing project under any of the schemes specified in sub-item (b). sub-item (c), sub-item (d), sub-item (da) and sub-item (db) of item (iv); sub-item (b...
Sample 1
Discussion and Findings. [24] In considering the issues involved in the case at hand, I do agree, and counsel for Alliance has also conceded, that this is a case that would be appropriate for the determination of the preliminary issue concerning the construction of the guarantee. That enquiry would not lend itself to any dispute as to facts or issues as to credibility that would warrant further investigation at trial. Therefore, it is left to be seen in the final analysis whether this is a case that is fit for judgment to be entered upon a proper construction of the guarantee. I will now proceed to deal with the issues that have arisen in relation to the guarantee. [25] C&WJ’s primary view on Alliance’s stance in refusing to pay the sum demanded is that the refusal constitutes a breach of the guarantee of 30 June 2009. C&WJ’s position is that the “purported objections” raised by Alliance, as its reasons for failing to pay the sums due and owing, constitute cavil or argument and require C&WJ to prove grounds which are expressly excluded from the terms of its own guarantee. Alliance, on the other hand, has denied in its defence that it had undertaken to pay sums due by Reliant to C&WJ without the need for C&WJ to prove or show grounds and that it is liable to pay all sums due and owing without proof, justification or condition. In the light of all this, I have seen it necessary to first examine closely the wording of the guarantee. [26] Having done so, I form the view that in the first paragraph of the letter issued by Alliance, there is what may be loosely described as being more like a ‘preamble’ to the guarantee itself. The words stated in that paragraph are not in the form or nature of an undertaking. It does no more than to show Alliance’s recognition and acceptance of the fact that one of C&WJ’s stipulations in the Interconnection Agreement with Reliant was for Reliant to provide a guarantor for its obligations connected with the agreement. It also points to Alliance indicating that it was pursuant to that stipulation of clause 28.1 that it was giving the undertaking contained in the second paragraph of the letter. It shows, in essence, the recognition by Alliance of the reason for and purpose of the guarantee being given. [27] The terms of the undertaking or guarantee that was given in furtherance of clause 28.1, is, as far as I see it, contained in the second paragraph of the letter. In that paragraph Alliance, in my view, clearly and unambiguously affirmed that it was guara...
Sample 1
Discussion and Findings. 153.The court is of the view that the award on this case should be one on the upper end of similar awards for general damages. In particular, the finds that the pain and suffering would have been tremendous owing to the location of the xxxxx on both hands and face. This of course would have more likely than not affected his ability to sleep on his side and chew. The xxxxx to both hands would have been particularly inconvenient as he would have been deprived of the use of the hands. It is his evidence that at the time of the incident he was in serious pain as he felt like his entire body was on fire, while conscious. At the hospital, his hands were completely covered in bandages and on several days his entire body would have to be covered with rags soaked in ice for several minutes. That to him was of extreme discomfort. In addition to the pain on the face, there was also swelling for two (2) months. The lasting effects are scars on his hands and face and lack of full range of motion in his hands. He is unable to carry things for a long time and his hands become red and burn/xxxxxx or itch.
Sample 1
Discussion and Findings. We have examined the issues raised in the application. The taxability and the applicable rate of tax for the goods and services supplied or to be supplied, as governed under the provisions of respective GST Acts are examined. The applicant is providing the following supplies to the GVSCCL: a) Construction of the project b) Development of the project including plantation, landscaping, Street lighting etc., c) Maintenance of the project. The clause (119) of the section (2) of the CGST Act defines 'works Contract' as "a contract: for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property where in transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract". The composite supply of works contract as defined at Section 2 of CGST Act, 2017 and APGST Act, 2017 is treated as supply of service in terms of serial No. 6, Schedule II of CGST Act, 2017 and APGST Act, 2017. The "Government Entity" is defined under the explanation at serial no 4(x) of the Notification No.31 Central Tax -Rate dated 13.10.2017 which reads as under:
Sample 1
AutoNDA by SimpleDocs
Discussion and Findings. We have carefully gone through the case details submitted by the party along with annexures and the relevant legal provisions required to answer the questions raised by the applicant. The question which had been posed by the applicant in Sr. No. 14 of Form GST ARA-01, in the context of activity of sale/purchase of Cotton by the applicant, was: "To determine the applicability of GST on the differential payment received by a party to the aforesaid contract from the other party to the contract is (in) event of "settlement", "washout" or "closure" of contract by it. "
Sample 1
Discussion and Findings 
Sample 1

Related to Discussion and Findings

  • Preparation and Filing If and whenever the Corporation is under an obligation pursuant to the provisions of Sections 3.5 and/or 3.6 to use its best efforts to effect the registration of any Registrable Shares, the Corporation shall, as expeditiously as practicable: (a) prepare and file with the Commission a registration statement with respect to such securities and use its best efforts to cause such registration statement to become and remain effective in accordance with Section 3.7(b) hereof; (b) prepare and file with the Commission such amendments and supplements to such registration statement and the prospectus used in connection therewith as may be necessary to keep such registration statement effective until the earlier of (i) the sale of all Registrable Shares covered thereby or (ii) nine months from the date such registration statement first becomes effective, and to comply with the provisions of the Securities Act with respect to the sale or other disposition of all Registrable Shares covered by such registration statement; (c) furnish to each holder whose Registrable Shares are being registered pursuant to this Section 3 such number of copies of any summary prospectus or other prospectus, including a preliminary prospectus, in conformity with the requirements of the Securities Act, and such other documents as such holder may reasonably request in order to facilitate the public sale or other disposition of such Registrable Shares; (d) use its best efforts to register or qualify the Registrable Shares covered by such registration statement under the securities or blue sky laws of such jurisdictions as each holder whose Registrable Shares are being registered pursuant to this Section 3 shall reasonably request, and do any and all other acts or things which may be necessary or advisable to enable such holder to consummate the public sale or other disposition in such jurisdictions of such Registrable Shares; provided, however, that the Corporation shall not be required to consent to general service of process for all purposes in any jurisdiction where it is not then subject to process, qualify to do business as a foreign corporation where it would not be otherwise required to qualify or submit to liability for state or local taxes where it is not otherwise liable for such taxes; (e) at any time when a prospectus covered by such registration statement and relating thereto is required to be delivered under the Securities Act within the appropriate period mentioned in Section 3.7(b) hereof, notify each holder whose Registrable Shares are being registered pursuant to this Section 3 of the happening of any event as a result of which the prospectus included in such registration, as then in effect, includes an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing and, at the request of such holder, prepare, file and furnish to such holder a reasonable number of copies of a supplement to or an amendment of such prospectus as may be necessary so that, as thereafter delivered to the purchasers of such shares, such prospectus shall not include an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in the light of the circumstances then existing; (f) if the Corporation has delivered preliminary or final prospectuses to the holders of Registrable Shares that are being registered pursuant to this Section 3 and after having done so the prospectus is amended to comply with the requirements of the Securities Act, the Corporation shall promptly notify such holders and, if requested, such holders shall immediately cease making offers of Registrable Shares and return all prospectuses to the Corporation. The Corporation shall promptly provide such holders with revised prospectuses and, following receipt of the revised prospectuses, such holders shall be free to resume making offers of the Registrable Shares; and (g) furnish, at the request of any holder whose Registrable Shares are being registered pursuant to this Section 3, on the date that such Registrable Shares are delivered to the underwriters for sale in connection with a registration pursuant to this Section 3 if such securities are being sold through underwriters, or on the date that the registration statement with respect to such securities becomes effective if such securities are not being sold through underwriters, (i) an opinion, dated such date, of the counsel representing the Corporation for the purposes of such registration, in form and substance as is customarily given to underwriters in an underwritten public offering, addressed to the underwriters, if any, and to the holder or holders making such request, and (ii) a letter dated such date, from the independent certified public accountants of the Corporation, in form and substance as is customarily given by independent certified public accountants to underwriters in an underwritten public offering, addressed to the underwriters, if any, and to the holder or holders making such request.

  • Audit Findings Vendor shall implement any required safeguards as identified by Citizens or by any audit of Vendor’s privacy and security controls.

  • Mutual Discussions The Employer and the Union acknowledge the mutual benefits to be derived from dialogue between the parties and are prepared to discuss matters of common interest.

  • Presentation of Potential Target Businesses The Company shall cause each of the Initial Shareholders to agree that, in order to minimize potential conflicts of interest which may arise from multiple affiliations, the Initial Shareholders will present to the Company for its consideration, prior to presentation to any other person or company, any suitable opportunity to acquire an operating business, until the earlier of the consummation by the Company of a Business Combination or the liquidation of the Company, subject to any pre-existing fiduciary obligations the Initial Shareholders might have.

  • Complete and Final Agreement This Guaranty and the other Loan Documents represent the final agreement between the parties and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements. There are no unwritten oral agreements between the parties. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Guaranty and the other Loan Documents. Guarantor acknowledges that Guarantor has received a copy of the Note and all other Loan Documents. Neither this Guaranty nor any of its provisions may be waived, modified, amended, discharged, or terminated except by a writing signed by the party against which the enforcement of the waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in that writing.

  • SEVERABILITY AND FINAL EXPRESSION This Agreement and the Disclosure are the final expression of the terms and conditions of your account. This written Agreement and Disclosure may not be contradicted by evidence of any alleged oral agreement. Should any part of this Agreement or the Disclosure be found to be invalid or unenforceable, all other parts of this Agreement and Disclosure shall remain in effect and fully enforceable to the fullest extent possible under this Agreement.

  • Evaluation of Proposals All proposals received shall be reviewed to determine whether they meet the format requirements and the standards specified in the request for sealed proposals. The district shall evaluate the qualifications of the proposers based solely upon the criteria and evaluation methodology set forth in the request for sealed proposals, and shall assign a best value score to each proposal. Once the evaluation is complete, all responsive proposals shall be ranked from the highest best value to the lowest best value to the district.

  • Formation and Composition The Parties to this agreement will maintain a Joint Administration and Dispute Resolution Committee (JADRC) consisting of five (5) representatives of the employers and five (5) representatives of the Provincial Bargaining Council.

  • PUBLICATION AND PUBLICITY The CONSULTANT agrees that it shall not for any reason whatsoever communicate to any third party in any manner whatsoever concerning any of its CONTRACT work product, its conduct under the CONTRACT, the results or data gathered or processed under this CONTRACT, which includes, but is not limited to, reports, computer information and access, drawings, studies, notes, maps and other data prepared by and for the CONSULTANT under the terms of this CONTRACT, without prior written approval from the COMMISSION, unless such release or disclosure is required by judicial proceeding. The CONSULTANT agrees that it shall immediately refer any third party who requests such information to the COMMISSION and shall also report to the COMMISSION any such third party inquiry. This Article shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the CONSULTANT from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the CONSULTANT to defend itself from any suit or claim. All approved releases of information, findings, and recommendations shall include a disclaimer provision and all published reports shall include that disclaimer on the cover and title page in the following form: The opinions, findings, and conclusions in this publication are those of the author(s) and not necessarily those of the Mississippi Department of Transportation, Mississippi Transportation Commission, the State of Mississippi or the Federal Highway Administration.

  • EVALUATION AND MONITORING The ORGANIZATION agrees to maintain books, records and other documents and evidence, and to use accounting procedures and practices that sufficiently and properly support the complete performance of and the full compliance with this Agreement. The ORGANIZATION will retain these supporting books, records, documents and other materials for at least three (3) calendar years following the year in which the Agreement expires. The COUNTY and/or the State Auditor and any of their representatives shall have full and complete access to these books, records and other documents and evidence retained by the ORGANIZATION respecting all matters covered in and under this Agreement, and shall have the right to examine such during normal business hours as often as the COUNTY and/or the State Auditor may deem necessary. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, and records of matters covered by this Agreement. These access and examination rights shall last for three calendar years following the year in which the Agreement expires. The COUNTY intends without guarantee for its agents to use reasonable security procedures and protections to assure that related records and documents provided by the ORGANIZATION are not erroneously disclosed to third parties. The COUNTY will, however, disclose or make this material available to those authorized by/in the above paragraph or permitted under the provisions of Chapter 42.56 RCW without notice to the ORGANIZATION. The ORGANIZATION shall cooperate with and freely participate in any other monitoring or evaluation activities pertinent to this Agreement that the COUNTY finds needing to be conducted.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!