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Judgment Search Results Home > Cases Phrase: income tax act Court: delhi Year: 2009 Page 19 of about 188 results (0.070 seconds)

Apr 24 2009 (HC)

F. Hoffmann-la Roche Ltd. and anr. Vs. Cipla Ltd.

Court : Delhi

Decided on : Apr-24-2009

Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)

..... which was subsequently recorded in the register of patents on 6th july, 2007. it is submitted that in terms of the amendments to the patents act, 1970 ('act') in 2005, the product erlotinib as well as the process of its manufacture stand patented and are entitled to protection as such. the plaintiffs' ..... in the court annual statement of the sales of erlocip duly authenticated by its chartered accountants on the basis of its records, including the sales tax and excise returns.2. for convenience, the appellants are referred to as the plaintiffs and the respondent as the defendant.case of the plaintiffs3. ..... therefore as a rule the copier would always price its products lower than the inventor.74. the plaintiffs contend that the provisions of the essential commodities act, 1953 (eca) will apply to pharmaceutical drugs as well. it is submitted that the central government can also take recourse to the device of ..... it is not possible to accept the contention of the plaintiffs that the section 3(d) does not bring any significant change to the patents act. not only has the substantive portion of section 3(d) indicated a change in 2005 but the explanation which has been added appears to particularly ..... addition to the main/dominating/umbrella compound', in india this is possible only subject to the conditions specified in section 3 (d) of the patents act 1970. in other words section 3 (d) read with its explanation is, in the context of pharmaceutical products, an anti-evergreening provision. in the .....

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Sep 04 2009 (HC)

Shri Hamid Ahmed Vs. Shri Asad Mueed and ors.

Court : Delhi

Decided on : Sep-04-2009

Reported in : 162(2009)DLT520

..... it is also contended that the properties have been sold in a clandestine manner. the plea of the plaintiff is that according to the wakf deed the income and amounts were to be utilized for the purpose of charity, however, instead of utilizing the money for charity about 154 crores are lying in fixed ..... although a period of about 6 years has passed since the death of the wakif mutawalli and defendant no. 2. chief mutawalli has been since then acting autocratically with a view to benefit his sons. he has been handing over the entire working of the dawakhana to his sons contrary to the wishes ..... filing of the suit in march, 2005 or till filing of the present application. the plaintiff has pleaded that defendant no. 2 chief mutawalli has been acting autocratically with a view to benefit his sons including defendant no. 1 whose removal is sought and he is handing over the entire working of the ..... defendant no. 1, another mutawalli as wrong, illegal, arbitrary, void and against the provision of wakf deed and also seeks permanent injunction against him to act as a mutawalli or taking part in the affairs of the wakf. paras 1 to 21 merely refers how the wakf was created by wakif mutawalli, hakim ..... of trust. it has also been contended that the suit is not for the benefit of general public but is a private action against a wholly illegal act perpetrated by applicant and defendant no. 2. in the circumstances it is prayed that the application be dismissed.5. the learned counsel for the parties .....

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Sep 02 2009 (HC)

The Cpio, Supreme Court of India Vs. Subhash Chandra Agarwal and anr.

Court : Delhi

Decided on : Sep-02-2009

Reported in : 162(2009)DLT135

..... potential asset acquisitions, which may have to be explained properly. however, such acquisitions can be made legitimately; no law bars public servants from acquiring properties, or investing their income. the obligation to disclose these investments and assets is to check the propensity to abuse a public office, for private gain. if the information applicant is able to ..... respondent (hereafter 'applicant') had, on 10.11.2007 required the central public information officer, supreme court of india ('the cpio'), nominated under the right to information act (hereafter 'the act') to furnish a copy of the resolution dated 7.5.1997 of the full court of the supreme court, ('the 1997 resolution') which requires every judge to make ..... where such information is stored in a computer or in any other device; xxxxxx xxxxxx xxxxxx 8. exemption from disclosure of information.- (1) notwithstanding anything contained in this act, there shall be no obligation to give any citizen,- xxxxxx xxxxxx xxxxxx information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the ..... contain several legitimate grounds for excluding information from public scrutiny in public interest. no other ground for excluding information which exists with any public authority can be deduced under the act, particularly in respect of information merely marked 'confidential'. the only exemption there in connection with this is the exemption under clause 8 (1) (j) which deals .....

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Sep 02 2009 (HC)

The Central Public Information Officer, Supreme Court of India Vs. Sub ...

Court : Delhi

Decided on : Sep-02-2009

Reported in : 2010(1)KarLJ383

..... asset acquisitions, which may have to be explained properly. however, such acquisitions can be made legitimately; no law bars public servants from acquiring properties, or investing their income. the obligation to disclose these investments and assets is to check the propensity to abuse a public office, for private gain. if the information applicant is able to ..... .64. ironically the right to privacy, a recognised fundamental right by our supreme court, has found articulation - through a safeguard, though limited, against information disclosure, under the act. in india, there is no law relating to data protection, or privacy; these have evolved through the interpretive process. the right to privacy, characterised by justice brandeis in ..... or through printouts where such information is stored in a computer or in any other device;..8. exemption from disclosure of information.-(1) notwithstanding anything contained in this act, there shall be no obligation to give any citizen.-..(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive ..... legitimate grounds for excluding information from public scrutiny in public interest. no other ground for excluding information which exists with any public authority can be deduced under the act, particularly in respect of information merely marked 'confidential'. the only exemption there in connection with this is the exemption under section 8(1)(j) which deals with .....

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May 18 2009 (HC)

K.T. Corporation and ors. Vs. India Tourism Development Corporation an ...

Court : Delhi

Decided on : May-18-2009

Reported in : 165(2009)DLT65

..... including shops and offices which are let out/given to third parties on license fee basis. renting out is a part of the commercial venture and contributes to their income. in purely commercial or financial matters, the courts should not substitute their judgments for that of itdc. the court cannot supplant its own views for they are more ..... the statutory provisions and therefore the guidelines cannot be read as undermining the provisions of statutory enactment and the consequences enjoined by the definition of 'unauthorized occupant' under the act. the guidelines cannot re-write and negate the definition of the term 'unauthorized occupation' as defined in section 2(g), which reads as under:unauthorized occupation', in ..... , ashoka marketing ltd. v. punjab national bank : [1990]3scr649 , kaiser- i- hind v. national textile corporation (maharashtra north) ltd. : [2002]supp2scr555 and observed that constitutional validity of the act has been repeatedly upheld even in relation to commercial premises. learned single judge has further observed that the guidelines and the administrative instructions can supplement and not supplant the law ..... : air2008sc876 the supreme court noticed that there are number of guidelines which had been issued from time to time to ensure that action of the state under the act is fair, reasonable and not arbitrary. reference was specifically made to the circular dated 23rd july, 2003 drawing a distinction between business houses or commercial entrepreneurs vis--vis .....

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Sep 08 2009 (HC)

Rajinder Kishan Gupta and anr. Vs. Lt. Governor, Govt. of N.C.T. of De ...

Court : Delhi

Decided on : Sep-08-2009

Reported in : 166(2010)DLT278

..... matter with it from time to time. an important and prestigious project like mehrauli - gurgaon corridor or mrts cannot be stalled merely because the government machinery could possibly have acted more expeditiously then it has actually moved. public interest is the paramount consideration in such matters and cannot be ignored. the purpose of establishing metro network in delhi is ..... are altogether different. we find, from a perusal of the file that there was material available before the lt. governor which justified invocation of urgency provisions of land acquisition act as mehrauli-gurgaon, corridor of metro railways was required to be completed before commencement of commonwealth games 2010. even in the case of mukesh hans (supra), the hon'ble ..... requesting them to terminate the earlier land acquisition proceedings and would also send a formal proposal for initiating a fresh proceeding under section 4, 6 and 17 of land acquisition act. on receipt of proposal from dmrc, land & building department was to move a proposal to lt. governor for terminating the earlier proceedings and initiating a fresh acquisition proceeding ..... 30. in rajasthan housing board (supra), land was acquired for construction of houses for weaker sections and middle income group people. repelling the challenge to invocation of emergency clause and dispensing of enquiry under section 5-a of the land acquisition act, the hon'ble supreme court held as under:if must be remembered that the satisfaction under section 17(4 .....

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May 05 2009 (HC)

Indian Bank Mutual Fund and anr. Vs. Sebi and anr.

Court : Delhi

Decided on : May-05-2009

Reported in : 160(2009)DLT334; [2009]96SCL1(Delhi)

..... pay the minimum assured return for the year ending 31st march, 1997. this was probably on account of the fact that the petitioners did not have sufficient capital balance and income to pay the assured return as is apparent from the letter dated 9th june, 1999 written by the petitioners to sebi.4. respondent no. 2-aitd surrendered the units to ..... ind jyothi unitholders whose names appear in the register of ind jyothi unitholders as at the close of the register, prior to declaration of income distribution by the turst, shall be entitled to receive and retain the income so distributed. 7. the aforesaid clause has to be read harmoniously and along with the clauses under which minimum assured return was provided. the .....

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Aug 13 2009 (HC)

Geeta and anr. Vs. State

Court : Delhi

Decided on : Aug-13-2009

Reported in : 170(2009)DLT268

..... he was being pressed by that sabha to vacate that room immediately. she stated that her husband had very little income and his brothers om prakash and dinesh had no income. consequently, her husband had to support not only himself as well as his wife geeta but also his mother and ..... the medical opinion cannot prevail. (x) where the prosecution version differs from the versions as given in the dying declaration, the said declaration cannot be acted upon.the same position has been reiterated in subsequent decisions of the supreme court including that of vikas v. state of maharashtra : (2008) 2 scc ..... observe and identify the assailants and was in a fit state to make the declaration. (iv) where dying declaration is suspicious it should not be acted upon without corroborative evidence. (v) where the deceased was unconscious and could never make any dying declaration the evidence with regard to it is to ..... ) 2 scc 474 summed up the principles as under:- 18. (i) there is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration. (ii) if the court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration. ..... must be on the quality of the dying declaration. if the dying declaration is suspicious or suffers from some infirmity, then it should not be acted upon without any corroborative evidence. 25. in khushal rao v. state of bombay : air 1958 sc 22, the supreme court summarized the principles .....

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