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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: delhi Page 10 of about 350 results (0.065 seconds)

Oct 15 2009 (HC)

Cit Vs. Bharat Alumunium Co. Ltd.

Court : Delhi

Reported in : [2010]187TAXMAN111(Delhi)

..... that the tribunal has not given reasons. an pointed out above, the tribunal has not only referred to the judgments of the supreme court and bombay high court interpreting the powers of the tribunal under section 254 of the act, it also specifically stated that the issues, which were sought to be raised in the additional grounds arise out of tax proceedings of ..... have already been answered above.another ground relates to exclusion of excise duty for purchase of calculating total turnover for section 80hhc of the act. this is covered against the revenue in a judgment by the supreme court in the case of commissioner of income tax, coimbatore v. lakshmi machine works : 290 itr 667.39. therefore, no substation question of law arises ..... the necessary jurisdiction to allow the additional grounds and decide such questions in exercise of its powers under section 254 of the act. it laid down the parameters under which such a power could be exercised. as per the supreme court if the facts are available on record, i.e., found by the income tax authorities and those have bearing on the ..... the ao was to deal with this expenditure applying the provisions of the income tax act. she further submitted that there was no concept of 'deferred revenue expenditure'. she referred to the judgment of the supreme court in the case of travancore cochin chemicals ltd. v. commissioner of income tax, kerala : 106 itr 900, as per which such an expenditure had to .....

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Oct 09 2007 (HC)

Essar Steel Limited and anr. Vs. Union of India (Uoi)

Court : Delhi

Reported in : 2007(122)ECC121; 2007(148)LC121(Delhi); 2008(222)ELT161(Del)

..... that so far as the petitioners before it were concerned, their basic prayer relating to non-disposal of their request for investigation into dumping activities also stood disposed of. the court extensively noticed the conclusions drawn by the designated authority in the order dated 27th august , 2003 wherein the authority had held that the present petitioners had not been able ..... 2000 holding that the government was justified in effecting the change in the fixation of the floor price which was based on all relevant considerations. in its detailed judgment, the court noticed that in order to protect domestic industries, two modes are envisaged to protect their pricing. one mode is levy of anti-dumping duties under the customs tariff (identification, ..... , 1999, the government of india withdrew the minimum floor price fixed for import of steel under the notification dated 10th/11th december, 1998. the petitioners contended before the high court of calcutta that the designated authority had withheld disposal of the anti-dumping petition and if the floor price was withdrawn, they would be left without protection. my attention has ..... into the 'opinion' and the manner in which it is to be formed under section 237(b) of the companies act had come up for consideration in this pronouncement of the apex court. the apex court thus recognised the permissibility of the scrutiny by a court as to existence of some circumstances within limited parameters and not as to the sufficiency thereof. the .....

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Apr 16 2009 (HC)

Smt. Shakuntla Gupta Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 166(2009)DLT108

..... be commercial has applied rates of residential. it is also contended that there is inconsistency in the award and which as recently held by this court in union of india v. sanghu chakra hotels pvt. ltd. : 152(2008)dlt651 called for interference with the award; it is also contended that there was a huge disparity between the rates of letting as determined ..... , i deem it appropriate to consider the objections on merits. 22. yet another reason which persuades me to consider the objections within the ambit of section 34 of the arbitration act is that the arbitrator in the present case was appointed following similar appointment of an arbitrator in the case of banwari lal with respect to identical requisitioning and acquisition notification ..... the writ petition, it was felt that the petitioner was entitled to receive damages for use and occupation from the respondent. for determination thereof, this court seems to have been guided by section 8 of the requisitioning act providing for appointment of an arbitrator by the central government for such determination. however, i find that section 8 (1) (g) provides that nothing ..... a property no. 2, under hill road, civil lines, delhi. the said property was requisitioned on 3rd april, 1980 under the provisions of the requisition and acquisition of immovable property act, 1952. it is not in dispute that the said requisitioning lapsed on 10th march, 1987. the government, however, on 6th march, 1987 issued notification under the provisions of the land .....

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Mar 23 2010 (HC)

State Trading Corporation (India) Ltd. Vs. Khushi Ram Behari Lal and a ...

Court : Delhi

..... . having heard the parties, i am of the view that the scope of interference by this court with an arbitral award under section 34(2) of act, 1996 is extremely limited. supreme court in delhi development authority v. r.s. sharma and co., new delhi reported in (2008) 13 scc 80, after referring to a catena of judgments including oil & natural gas corporation ltd ..... ors. reported in : (2006) 11 scc 181 has succinctly summed up the scope of interference by this court by stating 'the 1996 act makes provision for the supervisory role of courts, for the review of the arbitral award only to ensure fairness. intervention of the court is envisaged in few circumstances only, like, in case of fraud or bias by the arbitrators, violation of ..... 34(2) of the act, 1996 if it is contrary to either the ..... . v. saw pipes ltd. reported in : (2003) 5 scc 705 has held that an arbitral award is open to interference by a court under section .....

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Apr 30 2010 (HC)

Gas Authority of India Ltd. Vs. thermax Ltd. and anr.

Court : Delhi

..... . having heard the parties, i am of the view that the scope of interference by this court with an arbitral award under section 34(2) of act, 1996 is extremely limited. supreme court in delhi development authority v. r.s. sharma and co., new delhi reported in (2008) 13 scc 80, after referring to a catena of judgments including oil & natural gas corporation ltd ..... and ors. v. basant nahata reported in : (2005) 12 scc 77.16. it is settled legal position, both under arbitration act, 1940 and to a even greater extent under act, 1996, that arbitral tribunal's decision is generally regarded as final and courts cannot substitute its own evaluation on questions of law and facts to come to the conclusion that arbitral tribunal has ..... 34(2) of the act, 1996 if it is contrary to either the ..... . v. saw pipes ltd. reported in : (2003) 5 scc 705 has held that an arbitral award is open to interference by a court under section .....

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May 25 2011 (HC)

Event and Entertainment Management Association Vs. Union of India and ...

Court : Delhi

..... entertain a disputed question of fact in relation to the fixation of tariffs in a writ petition under article 226 of the constitution. this court is therefore not persuaded to hold that the ppl or iprsl have acted arbitrarily or unreasonably in fixing tariffs for copyrighted works. not a case of excessive delegation of legislative powers 26. it was then urged by ..... of hotels & restaurants association of india v. union of india) upheld the constitutional validity of sections 33 (3) and 34 (3) of the cr act as amended read with section 2 (xx) and section 13 thereof. this court negatived the prayer made in that petition by the users of copyrighted works for a direction against ppl for charging fees for special events ..... the manner of functioning of the copyright societies. answering in the negative the specific question that "are any of the provisions of the copyright act 1957 or the copyright rules 1958 framed thereunder ultra vires the constitution", this court relied upon the judgment in indian performing right society v. eastern indian motion pictures association (1977) 2 scc 820 as well as the ..... observations in entertainment network (india) limited v. super cassette industries limited (2008) 13 scc 30. in para 16 of the judgment the division bench of this court observed as under: "16. suffice it to say that the amendments carried out in the copyright act, 1957 are calculated to guarantee a fair return to the authors, composers or lyricist or .....

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Oct 26 2009 (HC)

Bihar Tubes Ltd. Vs. Garg Ispat Ltd.

Court : Delhi

Reported in : 166(2010)DLT109

..... as the triple- identity list referred to in the case of ahmed oomerbhoy and anr. v. gautam tank and ors. : 146 (2008) dlt 774. in ahmed oomerbhoy (supra) this court was called upon to adjudicate as to whether the defendant's mark 'super postman' was deceptively, similar to the plaintiff's mark ' ..... the defences available to a defendant as against the registered proprietor of a trade mark, are set out in section 34 of the t.m. act. therefore, normally if the following queries are answered in affirmative a injunction should follow:(i) whether the infringing mark is identical or deceptively similar to ..... infringe without searching the registrar of trade marks in any better position than if he had searched and so learned of the claimant's mark. acts of the proprietor done in ignorance of the infringement, or even done without his own registration in mind, will not amount to acquiescence. a ..... advocate drew my attention to the following documents:(i) a certificate of registration dated 10.08.2005 issued under section 23(2) of the trade mark act, 1999 read with rule 62(1) framed there under, evidencing thereof the registration of trade mark 'apl apollo' in respect of m.s. black and ..... following terms:an order to interim injunction restraining the defendants, partners/promoters as the case may be, directors, servants, agents, franchisees or any one acting for or on their behalf in any manner using the mark 'apollo' or any other mark identical or deceptively similar to the plaintiff's mark 'apl .....

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Jul 11 2006 (HC)

Wipro Limited Vs. Beckman Coulter International S.A.

Court : Delhi

Reported in : 2006(3)ARBLR118(Delhi); 2006(2)CTLJ57(Del); 131(2006)DLT681

..... defendant took the plea that the negative covenant embodied in the clause was in restraint of trade and thereforee void under section 27 of the contract act. the court held that the negative covenant embodied in the clause of the contract between the parties to the suit could not be enforced in india. thereforee, ..... with any other employer or be engaged by a third party has been held not to be void and not against section 27 of the contract act.the court was of the view that 'negative covenants operating during the period of the contract of employment when the employee is bound to serve his employer ..... any other employer or be engaged by a third party has been held not to be void and not against section 27 of the contract act.40. the supreme court then referred to the decision in brahmaputra tea co. ltd. v. scarth 1885 11 cal 545 and observed that the conditions under which the ..... the petitioner to at least write a letter proposing that instead of the terminal date being 31.12.2005, the respondent may make it, if necessary, 2008, as the petitioner had sought, or at least 2006, as the respondent itself had proposed. according to him, the fact that no communication was sent ..... clause 16 which spoke of the term and duration. this difference of opinion was whether the agreement was to terminate on 31.12.2006 or 31.12.2008. secondly, whether the contract was terminable by a termination implicate with six months notice or whether it was terminable only if the minimum quantities were not .....

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May 31 2010 (HC)

Stokely Van Camp, Inc. and anr. Vs. Heinz India Private Limited

Court : Delhi

..... 157 (2009) dlt 791.9.4 in addition to above, in my view, the provisions of section 124 of the tm act, 1999 are a clear pointer to the fact that the court while hearing an application for grant of interlocutory order can come to a prima facie view of the validity of the mark. ..... mark of the plaintiff has acquired distinctive secondary meaning which would unequivocally point to the plaintiffs' as the source or origin.pankaj goel v. dabur india ltd. 2008 (38) ptc 49 (del) (db):10.6 this is a case where the appellant, who was the defendant in the suit filed by the respondent/ ..... mind that the test as to likelihood of confusion or deception is the same in the passing off claim......'kores (india) ltd v. whale stationery products : 2008 (36) ptc 463 (bom)10.4 the facts in this case were that the plaintiff was assigned the mark of 'kores' and the device of ..... ii) pankaj goel v. dabur india limited 2008 (38) ptc 49(iii) health & glow retailing v. dhiren paul 2007(35) ptc 474(iv) info edge (india) private limited v. shailesh gupta 2002 (24) ..... v. bedrock sales corp. : air 1993 bom 237(iii) biochem pharmaceutical v. biochem synergy 1998 ptc (18) 267(iv) kores (india) ltd v. whale stationery products 2008 (36) ptc 463in addition reliance was placed on the following judgments:(i) mahendra & mahendra paper mills limited v. mahindra & mahindra limited 2002(24) ptc 121 (sc)( .....

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Aug 12 1987 (HC)

Metal Forgungs Pvt. Ltd. Vs. Union of India and ors.

Court : Delhi

Reported in : 1987(14)ECC65; 1987(32)ELT15(Del); ILR1987Delhi218

..... case supra). however, counsel for the appellants urged that die principles of ejusdem genesis have no appellants and reliance was placed on three judgments of the supreme court repelled in tribhuvan prakash v. union of india,' : [1970]2scr732 , amar chandra chakraborty v. collector of excise, : [1973]1scr533 , and mangalore ..... result of blending is commercially the same article, namely, ore, though with different specifications than the ore which is blended2:28 pm 3/1/2008 and hence it cannot be said that any process of manufacture is involved in blending of ore. it is on the same reasoning that in ..... further that mere process is not manufacture. again, in allen berry engineering private limited v. ramakrishna dalmia & ors., : [1973]2scr257 , the supreme court reiterated that the word .'manufacture' according to its dictionary meaning is the making of articles or material (now on large scale) by physical labour or ..... of machinery would attract duty again under item 68c the decision of these authorities have been upheld by the learned single judge. the court would be competent to interfere and quash these decisions only if the construction placed by these authorities is perverse.. is this the position in ..... entry in the first schedule to the central excise and salt act, whereas the case of m/s. sterling foods, was under the central sales tax act. in both these cases, commercial parlance test was applied and the supreme court came to the conclusion that there was no change of identity .....

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