Court : US Supreme Court
..... the other acts prohibited by the plain language of 11503(b), such as the use of facially discriminatory disparities in assessment ratio or the systematic undervaluation of other commercial and industrial property, are not subject to an intent requirement. it does not explain how the same sentence can be interpreted in two such strikingly different senses depending upon whether the railroad ..... .87% of true market value. petitioner does not dispute that this was the same assessment ratio employed with respect page 481 u. s. 460 to all other commercial and industrial property in the state. brief for petitioner 9, n. 14. petitioner's claim of discriminatory taxation was thus based solely upon the state's original determination of the market value ..... without merit. the language of 306(b)(1) makes page 481 u. s. 455 clear that, in order to compare the actual assessment ratios applicable to railroad property and to other commercial and industrial property, it is necessary to determine what the "true market values" are. the obstacle to respondents' position that the first occurrence of the phrase "true market value" ..... only a certain percentage of true market value, which, during the tax year in question, was concededly the same assessment ratio employed with respect to all other commercial and industrial property in the state. petitioner's claim of discriminatory taxation was based solely upon the state's overvaluation of the "true market value" of petitioner's entire railroad system. holding .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1991AP269
..... ,the electricity board shall not lake any proceedings for winding up of the company norshall it take any proceedings for execution ordistress or the like against any of the properties of the industrial company nor seek appointment of a receiver as explained in thebody of the judgment except with the consentof the bifr or the appellate authority underthe act.58. so far ..... (1) of sec. 22 reveals that certain 'proceedings for the winding up' and again certain 'proceedings for execution, distress or the like' which arc taken against any of the properties of the industrial company or 'proceedings for appointment of a receiver' are the three types of proceedings specified. these proceedings do not lie nor can they be proceeded with. here we are ..... (1) impose certain restrictions on rights of third parties'in respect of institution or continuation of legal proceedings such as winding up, execution, distress or the like against the properties of the industrial company or by way of appointment of a receiver, therefore, .the purposes of the act have also to be harmonised with the legal rights of others and the restrictions ..... or any other instrument having effect under the a said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof shall lie or be proceeded further, except with the consent of the board .....Tag this Judgment!
Court : US Supreme Court
..... of subsections (b)(1)-(3) does not determine the scope of subsection (b)(4), for that provision does not depend on the limited definition of "commercial and industrial property" that governs its neighbors. reading subsection (b)(4) to require judicial scrutiny of state exemption schemes creates no disharmony with subsections (b)(1)-(3) unless one ..... meaning in subsection (a)(4), where it qualifies the definition of "commercial and industrial property." all this bears on the case before us. because property "subject to a property tax levy" means property that is taxed, the definition of "commercial and industrial property" excludes property that is exempt. exempt property, then, is not part of the comparison class against which discrimination is measured ..... v. pueblo of santa ana, 472 u. s. 237 , 249 (1985) (internal quotation marks omitted). congress qualified the definition of "commercial and industrial property" further, limiting the comparison class to property "subject to a property tax levy." 49 u. s. c. 11503(a)(4). the statute does not define this phrase, which on its face could bear one of ..... .... " the reach of subsections (b)(1)-(3) is straightforward: these provisions forbid the imposition of higher assessment ratios or tax rates upon rail transportation property than upon "other commercial and industrial property." the scope of subsection (b)(4), which forbids the imposition of "another tax that discriminates against a rail carrier providing transportation," is not as clear .....Tag this Judgment!
Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
..... country, she is not in a position to give a reply. radha dalmia was represented by m/s. hariani & co., (along with dsq software, dinesh dalmia, dsq holding, dsq industries, hulda properties and powerflow holding) on 27/11/2003. m/s. hariani & co, sought an adjournment of the hearing to submit their reply. accordingly another date of hearing was granted on 17 ..... them vide the show cause notice dated 07/10/2003. powerflow was represented by m/s. hariani & co., (along with dsq software, dinesh dalmia, radha dalmia, dsq holding, dsq industries and hulda properties) on 27/11/2003. m/s. hariani & co, sought an adjournment of the hearing to submit their reply. accordingly another date of hearing was granted on 17/12/2003 ..... for the third hearing and also not submitted any reply to the allegation leveled against them in the show cause notice. i also note that dsq holdings ltd, hulda properties & trades ltd., dsq industries ltd, and mrs. radha dalmia made appearance through representatives and made submissions. the said submissions are not on the merits of the findings of investigation as communicated vide ..... of the above, i find that the new vision ltd., dalmia technology trust, softec corporation trust, new vision investment private ltd, dsq holdings ltd, hulda properties & trades ltd., powerflow holdings pvt. ltd, dsq industries ltd and mrs. radha dalmia have aided and abetted the company and its promoters in their fraudulent activities and violated regulation 3 of the futp regulations, 1995 .....Tag this Judgment!
Court : US Supreme Court
..... certiorari to the united states court of appeals for the eleventh circuit no. 06 1287.?argued november 5, 2007 decided december 4, 2007 under georgia law, most commercial and industrial property is valued locally by county boards for tax purposes, but public utilities such as petitioner railroad (csx) are initially valued by the state. in 2002, respondent georgia state ..... a freight rail carrier with multiple routes across the state of georgia. as a consequence, it is subject to georgia s ad valorem tax on real property. under georgia law, most commercial and industrial property is valued locally by county boards. public utilities such as railroads, however, are initially valued by the state, which then certifies the proposed valuations to ..... value and true market value is governed by state law. if the ratio of the assessed value of other commercial and industrial property in the assessment jurisdiction to the true market value of all other commercial and industrial property cannot be determined to the satisfaction of the district court through the random-sampling method known as a sales assessment ratio study ..... assessment that may not be made under paragraph (1) of this subsection. (3)?levy or collect an ad valorem property tax on rail transportation property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. (4)?impose another tax that discriminates against a rail carrier providing transportation subject to the .....Tag this Judgment!
Court : Chennai
..... presented the same on 31.8.2010. in the said paper, the sct took note of the wipo joint recommendation concerning provisions on the protection of marks and other industrial property rights in science on the internet, which was adopted during the series of meetings of the assemblies of the member states of wipo (october 2001). in chapter iv ..... competition which the treaty seeks to establish and maintain".179. the european court further referred to article 10bis of the paris convention for protection of industrial property which uses the very same expression "honest practices in industrial or commercial matters". article 10bis defines an "act of unfair competition" as one which is contrary to such practices. the said article runs ..... matters raised by trademark owners. trademarks are territorial and apply only to certain goods or services. therefore, different parties can own the same mark in different countries or different industries. accordingly, in processing complaints, google will ask the trademark owner for information regarding where the mark is valid and for what goods or services. please note the following ..... matters raised by trademark owners. trademarks are territorial and apply only to certain goods or services. therefore, different parties can own the same mark in different countries or different industries. accordingly, in processing complaints, google will ask the trademark owner for information regarding where the mark is valid and for what goods or services."24. it is the .....Tag this Judgment!
Court : US Supreme Court
..... measures to prevent abuse of the patent monopoly has now been recognized by the international convention for the protection of industrial property. see actes de la conference de la haye de 1925 (berne, 1926) pp. 433-34, 606; ladas, international protection of industrial property, pp. 337-40, 817. in this country, the patent statutes similarly provide that an unreasonable delay in formally disavowing patent ..... charges are greatly reduced and the messiness incident to the employment of water ice is eliminated. the patent in suit is not for solid carbon dioxide. that article and its properties as a refrigerant have been long known to the public. the patent is not for a machine for making solid carbon dioxide. nor is it for a process for making ..... passes directly into a dry gaseous state, the gas having a like temperature and page 283 u. s. 29 being in volume about 500 times that of the solid. these properties makes the solid dioxide an excellent dry refrigerant for foodstuffs, particularly for the shipment of ice cream. the refrigerating transportation package, which is the subject of the patent in suit .....Tag this Judgment!
Court : Delhi
..... implementing the provisions of the 2006 scheme. as per paragraph 1(vi) of the said scheme, claimants are entitled to compensation on an ex-gratia basis for damaged uninsured commercial/ industrial properties at ten (10) times the amount minus the amount already paid. since, the petitioner had received subsidy from the government of punjab, and no compensation from gnctd on account of ..... entitled to compensation under the 2006 scheme under paragraphs 1(v) and (vi) on an ex-gratia basis depending on whether there is damage to the residential or uninsured commercial/industrial properties. it is also accepted that, the claimants would be entitled to ten (10) times the amount originally paid after deduction of the amount already paid. the claim, according to uoi ..... for victims residing within its territorial jurisdiction. while this argument has some practical efficacy, it cannot result in denial to the petitioner compensation qua a genuine claim of damage to property. 12.1 the petitioner in this case has exhausted his remedy by approaching the state of punjab; having had his claim rejected, he has approached the gnctd. this court cannot .....Tag this Judgment!
Court : Mumbai
Reported in : (1926)28BOMLR243
..... before the passing of the registration acts. the right, to a trade mark, in whatever way acquired in a british country, is a right of industrial property coming under the coventions of paris and berne. if that is so, the rights which the plaintiffs admittedly had to these trade marks, at the out ..... do. moreover, the right to a trade mark is, to my mind, not affected by the method by which it is acquired. the right of industrial property consists in the right to the user of a particular trade mark. in india there being no registration acts, the right to a trade mark can ..... . these articles of the peace treaty, no doubt, purport to reestablish and restore, as from coming into force of the treaty, the rights of industrial property as such property is defined by the international conventions of paris and berne.38. article 286 provides that the international convention of paris of march 20, 1883, for ..... any obligation prescribed by the laws or regulations of the respective states relating to the obtaining, preserving, or opposing fights to, or in respect of, industrial property either acquired before august 1, 1914, or which, except for the war, might have been acquired since that date as a result of an application made ..... and trade names any rights acquired by the parties in england have no effect on the rights of the parties in india. the rights of industrial property in india are governed by the laws of india and are in no way affected by the laws of england or by the action of parties .....Tag this Judgment!
Court : Mumbai
Reported in : 2010(112)BomLR257; LC2010(1)1
..... trade mark and its continuance on the register are exclusively within the scope and ambit of domestic and national law. the 'international convention for the protection of industrial property' originally of paris in 1883 and recently revised at lisbon in 1958 clearly recognises the principle specially in its article 6 that when a trade mark has ..... and represent the plaintiff's publications in international film festivals, conducted in india. the above, according to the plaintiff, associated its publications with the indian motion picture industry, created awareness of the plaintiff's publications and generated tremendous reputation and goodwill in respect of the their publications.22. in support of the above contentions, dr. ..... publications have been the unchallenged leaders in respect of publications connected with the industry providing even same day coverage thereof. in paragraph 5 of the plaint details are furnished to establish the plaintiffs' reputation and goodwill.5. on 21st january 2006 ..... has since the year 1905 used the said trademark 'variety' and the logo extensively. the plaintiffs' publications provide extensive coverage of media, television and the film industry covering global media and the entertainment business in 84 countries including india. it has published weekly and delivered internationally since 1933, the publications. according to the plaintiffs their .....Tag this Judgment!