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Judgment Search Results Home > Cases Phrase: comparative chart of corresponding sections of 1983 act Year: 2014 Page 1 of about 20 results (0.081 seconds)

Jun 20 2014 (HC)

Mansoob Haider Vs. Yashraj Films Pvt. Ltd. and Others

Court : Mumbai

Decided on : Jun-20-2014

..... much of a coincidence to be inadvertence. in exhibit ??c ? to the plaint, the plaintiff presents a comparative chart. this chart purports to analyse the similarities between the plaintiffs script and the film. this chart, in fact, is the bedrock of the plaintiffs case. mr. modi points out that from this tabulation there ..... his script and seeing the film and that any differences are but the most minor embellishments of no consequence. this also directly rebuts the plaintiffs assertion in correspondence that the copyright claimed is in ??the uniqueness of the plot / theme / storyline / premise that has not been in the public domain ? ..... from a fundamental premise cannot sustain a finding of infringement. there is nothing unique about the concept of a magician with two sons, the vanishing act trick, and identifying birth mark or, indeed, any of the other elements to which the plaintiff lays claim. his work and claim fail both ..... in the two works are clearly incidental no infringement of the copyright comes into existence. 6. as a violation of copyright amounts to an act of piracy it must be proved by clear and cogent evidence after applying the various tests laid down by the case law discussed above. 7 ..... seek to avenge what they perceive to be the avoidable and needless suicide of their father who, they believe, was driven to it by the acts of a rapacious banker. their vendetta is directed against the bank. there is no internecine battle between the siblings. in fact, they care deeply .....

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Dec 08 2014 (HC)

M/s. J.M. Mhatre Infra Private Limited (Through its Director Mr. Vijay ...

Court : Mumbai

Decided on : Dec-08-2014

..... nature of the work mentioned in the tender notice issued by the respondent no.2 for constructing runway at ratnagiri. it was urged that the comparative chart annexed to said affidavit denotes that nature of work executed by the petitioner were identical with work proposed to be carried out at ratnagiri highway. ..... in the submission canvassed that the reason advanced by respondent no.2 later on along with written submissions dated 13.10.2014 or in the correspondence annexed with it that such a decision was arrived in view of the prequalification of the work experience stipulated in original tender notice being not ..... in the wednesbury's sense, then there would be hardly any scope for reviewing the administrative decision in the petition under section 226 of the constitution of india. 51. in the same context an attempt was made by learned counsel for the petitioner by drawing attention to ..... contained in second notice of tender issued on 15.03.2014. 50. in the same context the submission canvassed that in the second notice the act of the respondents modifying the definition ??work experience ? and restricting it for the experience of construction of runways being mala-fide on the count ..... said decision reveals that abandonment of tender notice was not proved to be mala-fide and hence mere apprehension of the petitioner that the authorities were acting in favour of business rival is no ground to interfere with bona-fide and genuine action taken by the authorities in public interest. 25. .....

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Feb 03 2014 (HC)

Commissioner of Income Tax Vs. M/S Jayshree Gems and Jewellery

Court : Delhi

Decided on : Feb-03-2014

..... on record. it is also noted that the appellant is engaged in the business of export of gold jewellery which naturally involves designing and fabrication charges. comparative chart of similar expenses in the earlier and later years has also been furnished in support. also, as seen at length vide para 8 supra, the ..... pointed out by him that the assessee is entitled to deduction u/s 10a and, therefore, if the disallowance is sustained, the deduction will also increase correspondingly. on the basis of the bills and vouchers produced by the assessee, he came to the conclusion that the expenses were deductible in full more so ..... . the additions of rs.14,50,000/-, 9,86,795/- and 2,40,000/- made on these counts are, accordingly, hereby deleted. 12. the corresponding findings of the itat in the impugned order are as follows: 5. ground nos.8 and 9 are regarding the deduction of designing charges, fabrication charges and ..... of law were framed: 1. whether the itat was correct in law and on facts in holding that the assessee was entitled to deduction under section 10a of the act?. itas 775/09, 1025/10 & 53/13 page 1 2. whether the itat while deleting the additions, was correct in law and on ..... vouchers before the ao. these bills and vouchers were produced before the learned cit (a). the learned cit (a) considered the matter in totality by comparing these expenses with the expenses of the earlier year and the subsequent year. he came to the conclusion that the expenses were reasonable having regard to .....

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Feb 03 2014 (HC)

Cit Vs. Jay Shree Gems and Jewellery

Court : Delhi

Decided on : Feb-03-2014

..... on record. it is also noted that the appellant is engaged in the business of export of gold jewellery which naturally involves designing and fabrication charges. comparative chart of similar expenses in the earlier and later years has also been furnished in support. also, as seen at length vide para 8 supra, the ..... pointed out by him that the assessee is entitled to deduction u/s 10a and, therefore, if the disallowance is sustained, the deduction will also increase correspondingly. on the basis of the bills and vouchers produced by the assessee, he came to the conclusion that the expenses were deductible in full more so ..... . the additions of rs.14,50,000/-, 9,86,795/- and 2,40,000/- made on these counts are, accordingly, hereby deleted. 12. the corresponding findings of the itat in the impugned order are as follows: 5. ground nos.8 and 9 are regarding the deduction of designing charges, fabrication charges and ..... of law were framed: 1. whether the itat was correct in law and on facts in holding that the assessee was entitled to deduction under section 10a of the act?. itas 775/09, 1025/10 & 53/13 page 1 2. whether the itat while deleting the additions, was correct in law and on ..... vouchers before the ao. these bills and vouchers were produced before the learned cit (a). the learned cit (a) considered the matter in totality by comparing these expenses with the expenses of the earlier year and the subsequent year. he came to the conclusion that the expenses were reasonable having regard to .....

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Feb 03 2014 (HC)

Commissioner of Income Tax-vii Vs. Jayshree Gems and Jewellery

Court : Delhi

Decided on : Feb-03-2014

..... on record. it is also noted that the appellant is engaged in the business of export of gold jewellery which naturally involves designing and fabrication charges. comparative chart of similar expenses in the earlier and later years has also been furnished in support. also, as seen at length vide para 8 supra, the ..... pointed out by him that the assessee is entitled to deduction u/s 10a and, therefore, if the disallowance is sustained, the deduction will also increase correspondingly. on the basis of the bills and vouchers produced by the assessee, he came to the conclusion that the expenses were deductible in full more so ..... . the additions of rs.14,50,000/-, 9,86,795/- and 2,40,000/- made on these counts are, accordingly, hereby deleted. 12. the corresponding findings of the itat in the impugned order are as follows: 5. ground nos.8 and 9 are regarding the deduction of designing charges, fabrication charges and ..... of law were framed: 1. whether the itat was correct in law and on facts in holding that the assessee was entitled to deduction under section 10a of the act?. itas 775/09, 1025/10 & 53/13 page 1 2. whether the itat while deleting the additions, was correct in law and on ..... vouchers before the ao. these bills and vouchers were produced before the learned cit (a). the learned cit (a) considered the matter in totality by comparing these expenses with the expenses of the earlier year and the subsequent year. he came to the conclusion that the expenses were reasonable having regard to .....

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Aug 25 2014 (HC)

Vardhaman Stanakvasi Jain Shravak SanghDadar By the Trustees and Other ...

Court : Mumbai

Decided on : Aug-25-2014

..... survey, changing facts in the sanctioning of redevelopment under section 33(7) of dcr and capitalization. we find that related facts and averments are already part of the records and well within the knowledge of the basic contesting parties. a comparative chart as placed on record shows the respective paragraphs of writ ..... own merits in accordance with law. in the event of grant of leave to the petitioner to amend the pleadings, the high court shall give corresponding opportunity to the respondents to amend their pleadings. ? 5. heard both the parties. we have gone through the record as read and referred by ..... of structures on the property prior to 1940 and construction or reconstruction of an old building in accordance with notification dated 3.6.1992 under section 31 of mrtp act. the reference was also made to the pil no.64/2012 involving the parties, including the plot in question and, therefore ..... 1 to 4. we have noted the issues and the related pleadings/averments referring to the undertaking and the action against the petitioner/applicant without following section 89 and 90 of mrtp act, development control regulation, 1991 (dcr) with effect from first revision of 25.03.1991, d.p. 1991 with ..... to raise their defences in a writ petition, including the ground of limitation, delay and/or laches, if any. 9. the provisions of the act in question itself provide for a restoration of possession, if taken illegally, as alleged. the corporation not able to utilise the property for school since .....

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Feb 18 2014 (HC)

Babasaheb Kedar Shetkari Through Its Chairman and Another Vs. Madhukar ...

Court : Mumbai Nagpur

Decided on : Feb-18-2014

..... the industrial disputes act or any corresponding legislation in force in the state, can be utilized or entrusted with the function of deciding any such dispute. 24. a comparative study of the industrial disputes act, bombay industrial relations act on one hand and the payment of bonus act on the other hand reveals that (i) section 2(k) of the industrial disputes act defines an industrial ..... fiction created under the said provision. 28. the industrial court exercising its jurisdiction either under the industrial disputes act or any corresponding law relating to investigation and settlement of industrial dispute, gets jurisdiction by virtue of section 22 of the payment of bonus act to decide any dispute with respect to the bonus payable to the persons, who are covered by the ..... may be, such law, shall, save as otherwise expressly provided, apply accordingly. 26. the object of introducing section 22 of the payment of bonus act is to confer a jurisdiction upon the machinery available under the industrial disputes act or any corresponding legislation relating to investigation and settlement of disputes in force in a state, and to make the other provisions ..... wages earned by the employee during any accounting year over and above the amount of minimum bonus payable under section 10 of the said act, but subject to the maximum limit of 20%. in such a situation, it becomes a corresponding statutory right of every employee to get the bonus in proportion to his salary or wages earned by him .....

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Dec 16 2014 (HC)

Sandisk Corporation Vs. M/S Shivji Electronics and Ors.

Court : Delhi

Decided on : Dec-16-2014

..... from the defendants, ex.pw1/15 (colly) ? visiting card of the defendants exhibited as ex.pw116 ? original photographs of the premises of the defendants exhibited as ex.pw117 (colly) ? a chart comparing the defendants counterfeit products and the plaintiff s original sandisk products exhibited as ex. pw118 ? comparison of the plaintiff s original packaging with that of the defendant s counterfeit product ..... and the plaintiff s corresponding original product exhibited as ex.pw1/19 ? report of the local commissioner exhibited as ex.pw120 15. the evidence filed by the plaintiff has gone unrebutted as no cross-examination ..... , has been exhibited as ex. pw13 ? extracts from the plaintiff s global and indian websites has been exhibited as ex.pw14 (colly) ? affidavit of pw-1 under section 65 b of the evidence act has been exhibited as ex. pw1/5 ? notarized copies of the legal proceedings certificate has been exhibited as ex. pw1/6 ? extracts from the website of the trademark .....

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Dec 16 2014 (HC)

Sandisk Corporation Vs. M/S Shivji Electronics and Ors.

Court : Delhi

Decided on : Dec-16-2014

..... from the defendants, ex.pw1/15 (colly) ? visiting card of the defendants exhibited as ex.pw116 ? original photographs of the premises of the defendants exhibited as ex.pw117 (colly) ? a chart comparing the defendants counterfeit products and the plaintiff s original sandisk products exhibited as ex. pw118 ? comparison of the plaintiff s original packaging with that of the defendant s counterfeit product ..... and the plaintiff s corresponding original product exhibited as ex.pw1/19 ? report of the local commissioner exhibited as ex.pw120 15. the evidence filed by the plaintiff has gone unrebutted as no cross-examination ..... , has been exhibited as ex. pw13 ? extracts from the plaintiff s global and indian websites has been exhibited as ex.pw14 (colly) ? affidavit of pw-1 under section 65 b of the evidence act has been exhibited as ex. pw1/5 ? notarized copies of the legal proceedings certificate has been exhibited as ex. pw1/6 ? extracts from the website of the trademark .....

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Mar 21 2014 (TRI)

Fdc Ltd., Represented by Its Joint Managing Director Vs. Sanjeev Khand ...

Court : Intellectual Property Appellate Board IPAB

Decided on : Mar-21-2014

..... non disclosure cannot be cured at this stage, thus resulting in the impugned patent being rendered invalid under section 25(2)(j) of the act. 61. the learned counsel for the respondent no.1 mr. maha dewan submitted that the corresponding patent of in 197822 have been granted in usa and europe. to substantiate this, the respondents produced ..... the volunteers which received lactic acid producing bacteria group, decolonized slightly faster than volunteers receiving placebo. also bacteroides strains were recovered in higher numbers in lactic acid producing bacteria group compared to placebo group. 179. us530 -- this suggests the use of an effective amount of antibiotic. antibiotics to be used in composition, discolored eg. septrin metronidazole, vancomycin. 180 ..... cefixime and cloxacillin). figure 2 represented table 2a, 2b and 2c (accelerated stability study) figure 3 represented table 3 (results of clinical studies). figure 4 represented comparative graphs of studies concluded on average plasma concentration levels of cloxacillin and cefixime. 73. the examiner asked the respondents to absorb the first 3 figures in the specification as ..... complete specification to 14/01/2005. 38. the clinical trials relied on are not helpful in demonstrating the claimed synergistic effect. the 1st clinical trial is non comparative and therefore unhelpful and the second test claims anti-diarrheal effect on the basis of the lactobacillus sporogenes, a claim which was abandoned during the oral hearing. 39 .....

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