Court : Delhi
Decided on : May-30-1997
Reported in : 1997IVAD(Delhi)553; AIR1998Delhi146; 1997(2)ARBLR264(Delhi); 67(1997)DLT882
..... ' in section 104 and other sections referred to prima fade means one of the litigants in the relevant action or proceeding'. and, if that be so, when the proviso to sub-section (1) of section 44 says that where the validity of an assignment or transmission is 'in dispute between the parties' does not lead to the conclusion that 'the ..... undertakings without investigation in certain circumstances. section 18f of the act invests the central government with the power to cancel notified order under section isa. asmr. vidhani feels that section 18f provides post-decisionalhearing, let us have a closer look ..... hearing it was considered to be of no effect. is it so? (15) the swadeshi cotton mills case (supra) was under the industries (development and regulation) act. section isa of the act gives power to the central government to assume management or control of an industrial undertaking in certain cases. section 18aa invests the central government to take over industrial ..... with the respondent who was admittedly a joint proprietor, the application was admittedly made in form tm 24 which is in following terms : form tm 24 trade and merchandise marks act, 1958 request to register a subsequent proprietor of a trade mark or trade marks upon the same devaluation of title. section 44, rule 71 i (or we).................................................................... hereby .....Tag this Judgment!
Court : Delhi
Decided on : Nov-05-1997
Reported in : (1998)146CTR(Del)576
..... judgment void or which are specified in statutes authorising such actions. invalidity of the judgment of such nature as to render it void is a valid ground for vacating it at least if the invalidity is apparent on the face of the record. a material and substantial irregularity which has ..... opinion of ao, the assessed having failed to discharge the burden of proof regarding the source of the remittance, proceeded to treat the receipts as unexplained cash credit under s. 68 of the act. 5.1 by letter dt. 21st march, 1995 filed before the ao, the petitioners had taken the plea ..... review its own judgment or orders. [see dr. kaslinath g. jalmi & anr. vs . the speaker & ors. : 2scr820 , dr. smt. kuntesh gupta vs . management of hindu kanya mahavidyalaya : 1987(32)elt8(sc) , patel narshi thakershi vs . pradumansinghji arjunsinghji : air1970sc1273 , manohar lal verma vs . state of mp : air1970mp131 and cit vs . itat : [ ..... not a mistake apparent on the record. [also see k. m. shanmugam vs . srvs (p) ltd. : 1scr809 , satya narain vs . mallikarjun : 1scr890 and a recent division bench decision of this court in cit vs. eurasia publishing house (p) ltd. (it ref. 52/80 decided on 28th october, 1997). 38 ..... submits to it, waiver or estoppel results. 32. the law has been well settled by punjab high court in mangat ram kuthalia vs . cit : 38itr1(mad) , in the following terms : 'it was a settled rule that a judicial tribunal could recall and quash its own order in exceptional cases .....Tag this Judgment!
Court : Delhi
Decided on : Mar-27-1997
Reported in : 1997IIIAD(Delhi)220; 1997(2)ARBLR165(Delhi); 68(1997)DLT291
..... of a common trade mark, to fall in the purview of saving clause 'save as provided in sub-section (3).' (6) before proceeding, first the question of proprietorship of the disputed parts of the trade mark may be seen. in order to determine as to who is proprietor for ..... a question of first impression and it is for the court to decide that question. (see corn products refining co. v. shangrila food products ltd., : 1scr968 ). (ii) in deciding a question of similarity between the two marks, the marks have to be considered as a whole, and not by splitting numerals ..... causing deception and causing confusion in english law (see parker knoll ltd. v. knoll international, 1962 rpc 265. but section 2(i)(d) of the act, by its deeming provision has obliterated that distinction. (9) in my humble view, following principles have been laid down in various authorities to judge whether there ..... case could relate to prohibition of articles of identical or deceptively similar trade marks, as provided in section 12. but section 12(i) of the act would not apply since it applies only to registered trade marks. the trade mark of the respondent is not registered. both the parties are not proprietor ..... been using and earned goodwill around it since 1963; and (iii) its registration would be in violation of sections 11(a) and 18(1) of the act. 2.3. by the impugned order, opposition was upheld and application of the appellant firm was rejected. (3) feeling aggrieved by the aforesaid order, the .....Tag this Judgment!
Court : Delhi
Decided on : Jun-01-1997
Reported in : 1997(2)ARBLR559(Delhi); 69(1997)DLT8
..... goods and was not apt or appropriate instrument for distinguishing the goods of one trader from those of another. it was held to be not a valid trade mark. it was also found that the word had not acquired a secondary signification as goods manufactured by the plaintiff-company nor the action of ..... of which it is used and a buyer may not know who the manufacturer of the goods is. corn products refining company v. shangrila food products ltd., : 1scr968 . (23) the privy council in standard ideal co. v. standard sanitary manufacturing company, 1910(27) rpc 789 has reiterated the law that 'a common ..... is dismissed. the interim order dated 2nd august, 1996 is hereby confirmed. costs in the suit will be the costs for these proceedings. nothing stated herein shall be deemed to be the expression of final opinion in any way on the merits of the case. ..... to cause confusion among the unwary consumers/customers and the trade. in the absence of plausible explanationn, it cannot be said that the defendant has acted honestly. the reasonable inference could be that their sole object is either of actually misleading the public or of taking undue advantage of the business reputation ..... have failed to establish that super cup has become exclusively associated with the plaintiff's goods in question.a mark, as defined by section 2(l)(j) of the act, includes a device, brand, heading, label, ticket, name, signature, word, letter or numerical or any combination thereof. (15) the meaning and function of .....Tag this Judgment!
Court : Delhi
Decided on : Mar-20-1997
Reported in : AIR1997Delhi267b; ILR1997Delhi22
..... of mammoth ivory. 6. in so far as the two instant petitions are concerned, the points raised in these writ petitions regarding the validity of the amendment act 44 of 1991 are similar to the other writ petitions mentioned above. however, the only point of distinction between these writ petitions and the ..... , : 3scr784 , held that the state has the exclusive right of manufacture and sale of intoxicating liquors. obviously this decision of the supreme court proceeded on the basis that there is no fundamental right in a citizen to trade in or do business in intoxicants. to the same effect is the decision ..... not provide for compensation to the money lender.58. similarly in state of gujarat v. vora saiyedbhai kadarbhai, : 2scr470 , the validity of gujarat rural debtors relief act; 1976, which required the creditors to return to the debtors the properties pledged or mortgaged assecurity with them for their debts, was in question ..... and urgency, how far the restriction is or is not proportionate to the evil and the prevailing conditions at that time. the court cannot proceed on general notion of what is reasonable in the abstract or even on a consideration of what is reasonable from the point of view of the ..... ) and such a prohibition would not fall foul of article 19(1)(g). in narender kumar v. the union of india, : 2scr375 , a question arose as to whether non-ferrous metal control order, 1958 which was issued by the government of india under section 3 of the .....Tag this Judgment!
Court : Delhi
Decided on : Jun-30-1997
Reported in : (1997)59TTJ(Del)699
..... date of effect of the amendment, it should always be treated as prospective in nature;8. the learned counsel further contended that in case the tribunal holds that the reassessment proceedings were valid, even then the principles of natural justice have been violated in this case as the reasons for reopening of assessments were recorded on 31st march, 1992, whereas the notice ..... of the learned counsel, the learned departmental representative has relied on the orders of the learned cit(a). since we have already held that the initiation of reassessment proceedings in this case are not valid in law, we feel that it is not necessary to go into the controversy as to when the notice dt. 27th march, 1992, was actually issued, i ..... retrospective effect to it can be concluded.3.1 to meet the arguments of the learned counsel with reference to integrated scheme of amendments made by direct tax laws (amendments) act, 1987, the learned departmental representative referred to provisions of s. 143 (1a) whereby provisions were made for levy of additional tax and he submitted that in view of the substantive ..... . m. a. merchant (supra) which related to introduction of a new s. 59 which came into force on 1st july, 1960. in the said case the estate duty assessment had already been completed on the accountable persons on 26th february, 1960, and it was held that reopening of assessment under the provisions of new s. 59 would be bad in law. in .....Tag this Judgment!
Court : Delhi
Decided on : Sep-01-1997
Reported in : 1997VIAD(Delhi)357; 69(1997)DLT36
..... jain shudh vanaspati in favor of the bank in lieu of the bank providing certain loans / advances to lain shudh vanaspati. in these proceedings we cannot pronounce on the validity or otherwise of the security so furnished to the bank. these are matters which ought to be agitated in a court of law and ..... under:- 'it is true that the first power of attorney was not duly authenticated by the notary, hence, the same was not valid to give any authority to the attorney to act on behalf of the respondent.'(219) one .more fact which could be noticed is that the committee had noted that mrs. kumud ..... justify a departure from it. he drew support from shell's equity (29th edition) page 29. the learned counsel proceeded to submit in this behalf that section 19 of the specific relief act, 1963 would apply to the present case and that cannot be disregarded by invoking equitable doctrines which arc not applicable to ..... costs: 'suitnos. 1827,3011,3858,2706,2095,2093,1739 and 1740 of 1992,1123/93, 2117/94,2128,2058,2004,2005,2097,2490,2107,2118,1960,2308,2255,2253, 2811,2185,2186,2187,2272,2179,1929,1927,2682,2199,2365,2363,2003,2327, 3001,3002,2978,2979,2684,1784,2309,2299,2315, ..... to the flats in the complex in question. according to the learned counsel, the committee had not considered the applicability of section 19 of the specific relief act, 1963. that section reads as under: '19.relief against parties and persons claiming under them by subsequent title - except as otherwise provided by this chapter, .....Tag this Judgment!
Court : Delhi
Decided on : Dec-09-1997
Reported in : 1998IAD(Delhi)301; AIR1998Delhi236; 71(1998)DLT532; 1998(44)DRJ251; 1998RLR10
..... be called in question in any court by way of appeal or revision or in any original suit, application or execution proceeding'.section 46 envisages ' save as otherwise expressly provided in this act, no civil or revenue court shall have jurisdiction - (a) to entertain or adjudicate upon any question whether any property ..... the fact is that the same only vested in respondent no.2 for purposes of management. respondents no.1 and no.2 having admitted the validity of the sale by respondent no.1 in favor of respondent no.3 the appellants have no right to challenge the same. in view of ..... thus liable to be removed. the assistant settlement officer was fully competent to sell the disputed property and he validly sold the same by public auction and the same was legally and validly purchased by respondent no.3 for a consideration of rs.1,40,000.00 . the appeal against the impugned ..... december 21, 1961. the orders with regard to the sale of the disputed property in pursuance whereof the auction was held on september 18, 1960 and the order passed by the assistant settlement commissioner dated march 28, 1961 and the impugned order dated september 13, 1961 passed by the deputy ..... sale by auction on september 18, 1960 passed by the assistant settlement commissioner the order dated march 28,1961 passed by the deputy chief settlement commissioner and that of the central government communicated to the appellants on december 21,1961 are perfectly legal and valid and within jurisdiction. the present suit .....Tag this Judgment!
Court : Delhi
Decided on : Jul-11-1997
Reported in : 1997IVAD(Delhi)942; 68(1997)DLT45; 1997(42)DRJ686
..... the fact that the replying defendants were not a party to any of the proceedings which were being contested by the plaintiff. @subpara = xxiii. the alleged family settlement is also barred under the provisions of the hindu minority and guardianship act. the same is also the subject matter of challenge in suit no. 1790/ ..... and misconceived. xx.that the defendants no. 6 to 8 were not a party to the alleged family settlement or to the suits or other proceedings conducted inter-se the family members of the plaintiff and the defendants no. 1 to 4. the defendants no. 5 to 8 were also neither ..... . 5 to 8 were put in possession of the suit property under the construction agreement and under the terms of the leases which are legal, valid and binding on the plaintiff and the defendant nos. 1 to 4. the plaintiff had full knowledge of the fact that the said defendants were ..... could not enter into any agreement in respect of the said property and the agreements entered into by defendant no. 1 were, thereforee, void since they proceeded on the assumption that the said property exclusively belonged to defendant no. 1. the plaintiff, thereforee, filed this suit for a declaration that the second ..... s. dlf housing & construction private limited; that prior to the execution of the said deed, kanwar mahinderpal singh was married to defendant no. 1 in april 1960 and he, thereforee, requested m/s. dlf housing & construction private limited to execute the sale deed in favor of the said defendant. sale deed was, .....Tag this Judgment!
Court : Delhi
Decided on : Mar-20-1997
Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131
..... carvers of mammoth ivory.(6) in so far as the two instant petitions are concerned, the points raised in these writ petitions regarding the validity of the amendment act 44 of 1991 are similar to the other writ petitions mentioned above. however, the only point of distinction between these writ petitions and ..... ) 3 scr 384, held that the state has the exclusive right of manufacture and sale of intoxicating liquors. obviously this decision of the supreme court proceeded on the basis that there is no fundamental right in a citizen to trade in or do business in intoxicants. to the same effect is the ..... not provide for compensation to the money lender.(58) similarly in state gujarat v. vora saiyedbhai kadarbhai and others, : 2scr470 , the validity of gujarat rural debtors relief act, 1976, which required the creditors to return to the debtors the properties pledged or mortgaged as security with them for their debts, was in ..... and urgency, how far the restriction is or is not proportionate to the evil and the prevailing conditions at that time. the court cannot proceed on general notion of what is reasonable in the abstract or even on a consideration of what is reasonable from the point of view of the ..... a prohibition would not fall foul of article 19(1)(g). in narender kumar and others v. the union of india and others, : 2scr375 , a question arose as to whether non-ferrous metal control order, 1958 which was issued by the government of india under section 3 of the .....Tag this Judgment!