Court : Chennai
Decided on : Nov-28-2007
Reported in : II(2008)BC699
..... be held that notice to the firm will amount to notice to the partners and vice-versa.20. therefore, in the considered view of this court the contention of the learned counsel appearing for the petitioner merits acceptance and the contention of the learned counsel appearing for the respondent is liable ..... 2 ors. v. shasun chemicals and drugs ltd. (supra), the decision in girish chandra pandey v. kanhaiyalal chandak (supra), of the calcutta high court cannot be relied upon.19. it is pertinent to point out that admittedly the notice sent to the firm and other partners namely a1 and a2 were ..... drawer. only when that process fails, the cause of action, as envisaged in section 138, would arise against them, to enable the complainant to approach the court, within the stipulated time so. the starting of the process is, the service of notice on the persons, who represent the company, the drawer of the ..... the learned counsel appearing for the petitioner relied upon the following decisions, viz.:(i) b. raman and 2 ors. v. shasun chemicals and drugs ltd. ii (2008) bc 83 : ii (2008) clt 91 : 2006(2) lw (cri.) 775 (db).(ii) poppys spinning mills (p) ltd. v. c. visalakshi and anr. .9. in the ..... and it was placed before the court, but without rectifying the defect what was found in the notice issued to the opposite party. but, this would not satisfy the legal requirements. the legislative intent of a notice in a proceeding under section 138 of the negotiable instruments act is making the opposite party .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-15-2007
Reported in : AIR2007SC2599; 2007(6)ALLMR(SC)447; 2007(2)BLJR2218; JT2007(7)SC127; 2007(7)SCALE278; (2007)10SCC306
..... the voids/hakims who had been registered under the east punjab ayurvedic and unani practitioners act, 1949 and the pepsu ayurvedic and unani practitioners act, 2008 bk and the punjab ayurvedic and unani practitioners act, 1963 as persons practising modern system of medicine for purposes of the drugs act. the aforementioned rule defined 'registered medical practitioner'. a medical practitioner who was registered ..... 2scr152 and thyssen stahlunion gmbh v. steel authority of india ltd. : air1999sc3923 ]71. for the reasons aforementioned, we respectfully agree with the view taken by the high court.72. the submission of mr. lalit that parliament while enacting other laws laying down the qualifications for practice in some other profession allowed the practitioners with lesser qualification to ..... of a repealed statute intact or modify or to obliterate them altogether.74. on the touchstone of the principles of law culled out from the judgments of various courts applied to the facts of these cases lead to a definite conclusion that the assistant commissioner (commercial taxes), warangal division was fully justified in initiating and completing ..... already enjoyed is not taken away.55. in delhi pradesh registered medical practitioners v. director of health, delhi admn. services and ors. : (1997)11scc687 , this court rejected a similar contention to the effect that only because the practitioners got their names registered in the discipline of ayurveda, they would have a right to practice in such .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-19-2007
Reported in : 2008(1)BomCR422; (2007)109BOMLR1488; 2008CriLJ2523
..... the facts and circumstances of the case and wherever necessary to conclude the contempt proceedings by adopting summary procedure. the provisions of the code of criminal procedure and contempt of courts act neither overlap nor are in conflict with each other. they operate in different fields and jurisdiction. to trace out commonality by an interpretative process, in these two jurisdictions, is an ..... court, the constitution vests these rights in every high court, so no act of a legislature could take away that jurisdiction and confer it afresh by virtue ..... necessarily follows that the constitutional jurisdiction of the supreme court and the high court under articles 129 and 215 cannot be curtailed by anything in the act of 1971. the above position of law has been well settled by this court in sukhdev singh sodhi v. the chief justice and judges of the pepsu high court : 1scr454 , holding thus:in any case, so far as ..... contempt of a high court itself is concerned, as distinct from one of a subordinate .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-26-2007
Reported in : 2008(1)ALLMR277; 2008(1)BomCR602; (2007)109BOMLR2701; (2008)IILLJ1037Bom
..... amounted to the commission of unfair labour practice by the appellant as per schedule iv item 1 (a), (b), (d) and (f) of the maharashtra act (mrtu & pulp act, 1971. while dealing with the issue the supreme court has held as under:39. it has to be kept in view that the present proceedings arise out of a complaint filed by the respondent ..... shockingly disproportionate punishment. mr. singh, therefore, submitted that the learned single judge was right in holding that the case of termination should be tried by labour court as contemplated under section 7 of the mrtu & pulp act and the complaint will have to be filed under item 1 of schedule iv and item 9 cannot be invoked for the said purpose. the ..... of the case and that as it was the case of termination it will fall under item 1 of schedule iv of the mrtu & pulp act. it was, therefore, submitted that the decision rendered by the supreme court in the case of s.g. chemicals and dyes trading employees union and s.g. chemicals and dyes trading limited and anr. : (1986)illj490sc ..... misdirected itself while coming to the conclusion. 11. the points which arise for our determination are whether the complaint as preferred and filed before the industrial court under item 9 of schedule iv of the mrtu & pulp act, 1971 was maintainable or not and whether the complainants had been able to establish that the provisions of section 25o of the industrial disputes .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-19-2007
Reported in : AIR2007SC1682; IV(2007)BC516(SC); (2008)1CompLJ124(SC); 2007CriLJ2448; 2007(3)CTC495; JT2007(6)SC292; 2007(2)KLT1030(SC); 2007(4)MhLj375; 2007MPLJ375(SC); 2007(5)SCALE821;
..... the trial. taking the view that the complaint disclosed adequate material for proceeding against the appellant in terms of section 138 read with section 141 of the negotiable instruments act, the high court refused to accede to the prayer of the appellant and dismissed the application filed under section 482 of the code of criminal procedure. challenging the said order of the ..... the other hand, submitted that the complaint contained adequate averments justifying the initiation of prosecution against the appellant for the offence under section 138 of the negotiable instruments act and the high court was right in refusing to quash the complaint under section 482 of the code of criminal procedure leaving it to the appellant to establish his defence at the trial ..... against. the complaint also asserted that all the accused were guilty of the offence in terms of section 138 of the negotiable instruments act and were liable to be punished therefore. 5. the appellant herein moved the high court under section 482 of the code of criminal procedure seeking the quashing of the complaint insofar as it related to him. the ..... a prosecution is sought against a company and its officers, in terms of section 141 of the said act. learned counsel placed considerable reliance on the decision of this court in s.m.s. pharmaceuticals ltd. v. neeta bhalla and anr. : 2005crilj4140 . therein, this court observed:in the present case, we are concerned with criminal, liability on account of dishonour of cheque. .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-19-2007
Reported in : I(2008)BC268; 2007CriLJ2182
..... he has only the right of prosecution or defence in the manner prescribed for the time being by or for the court in which the case is pending, and if, by an act of parliament the mode of procedure is altered, he has no other right than to proceed according to the altered mode. ..... the pending cases in which investigation was not complete on the date on which the amendment act came into force and the challan had not till then been filed in the court. from the law settled by this court in various cases the illustrative though not exhaustive principles which emerge with regard to the ..... 1996 and the complaint having been filed beyond the period of limitation prescribed under section 142 of the act, the court could not have legally taken cognizance of the offence. learned counsel relied upon recent judgment of the supreme court in prem chand vijay kumar v. yash pal singh and anr. : (2005)4scc417 wherein it ..... experts, it was decided to bring out the amendments, inter alia, to allow discretion to the court to waive the period of one month, which was prescribed for taking cognizance of the case under the act.4.1. it is stated at page 570 in volume 44 of halsbury's laws of england ..... deal with such matters was found to be cumbersome. keeping in view the large number of complaints pending in various courts, a working group was constituted to review section 138 of the act and for making recommendations as to what changes were needed to effectively achieve the purpose of that section, and after .....Tag this Judgment!
Court : Delhi
Decided on : Oct-23-2007
Reported in : LC2007(3)497; 2008(36)PTC168(Del)
..... passing off lies deception or its likelihood never has the tort shown even a slight tendency to stray beyond cases of deception. hodgkinson and corby v. wards  1 w.l.r. 1564, jacob j. at 1570).(5) secondly, to deceive is one thing. to cause confusion is quite another ..... harmonisation in the internal market (ohim), famously known as 'the baby dry case', reported at (2002) rpc 17. in the said case, the court came to categorical finding that the expression 'baby dry', being an unusual juxtaposition of two independent english words, could not be described as being wholly descriptive ..... of the law have not changed in principle, the judicial approach whilst adjudicating upon an action for passing off has gradually changed as the courts have become more circumspective of those who complain of deception. this is primarily owing to the propensity of traders in adopting purely descriptive words as ..... its widespread use and thus the present suit is barred due to warranty of statutory notice under section 167 of the gujarat co-operative societies act, 1967.20. it is vehemently contended by learned senior counsel for the defendant that the expression 'sugar free', being per se descriptive in ..... a multi-step high technology manufacturing process.7. the tablet dispensary container of 'sugar free' is stated to have obtained registration under the designs act, 1911. it is further submitted by the plaintiff that it has already been successful in securing registration of the trade mark 'sugar free' in .....Tag this Judgment!
Court : Delhi
Decided on : Nov-15-2007
Reported in : 2007(4)ARBLR499(Delhi)
..... entitled to the claim for default on the part of the judgment debtor in terms of clause 23 (c) of the contract act.25. the provisions of section 48 of the said act provide for interference by the court where decision in a matter is beyond the scope of the arbitration or the award is contrary to the public policy of ..... to the fundamental policy of indian law, interest of india, justice or morality, is patently illegal or is so unfair and unreasonable that it shocks the conscience of the court. however, illegality of a trivial nature was held liable to be ignored. the fundamental policy of indian law is that law of land must be obeyed. the law of ..... . so long as the conclusion arrived at by the arbitral tribunal is a plausible conclusion, though possibly not the only conclusion, no interference is called for by the court.17. it has to be simultaneously emphasized that the undisputed legal position is that the arbitrator is a creature of the contract between the parties and thus has to ..... if an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause (e) of sub-section (1) the court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, ..... to record his statement on oath when he should come with all the material in respect of the assets of the judgment debtor.(3) list on 21.01.2008 in the category of short matters. .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-03-2007
Reported in : 2008(1)ALLMR116; III(2008)BC538; 2008(2)BomCR359; 2008CriLJ1134; 2007(6)MhLj58
..... has not been taken. more than this, i would not like to say anything further at this stage. i leave the entire matter to the discretion of the court concerned so that it may act according to law; i would, however, make it plain that the mere fact that the proceedings have been quashed against petitioner (accused no. 3) will not prevent ..... conduct of the business. unless both these conditions are fulfilled one cannot be tried under section 141 of the act read with section 138 thereof,12. learned counsel for the applicant while placing reliance on the judgment of the hon'ble supreme court in the case of pepsi foods ltd and anr. v. special judicial magistrate and ors. : 1998crilj1 , contends that the ..... conduct of the business of the company as held by the apex court in the case of sarojkumar poddar v. state (nct of delhi) and anr. 2007(1) m.lj. 1186 : 2007(4) m.l.j. 421 : air 2007 scw 656.19. while analysing section 141 of the n. i. act, it can be seen that it operates, in cases where an ..... additional chief metropolitan magistrate, 40th court, greater mumbai ('the trial court') filed by the respondent no. 1 - original complainant for the offence punishable under section 138 read with section 141 of the negotiable instruments act, 1881 ('the n.i. act' for short).2. considering the points involved in the three revision applications, on consensus, these revision applications have been heard together and are being .....Tag this Judgment!
Court : Delhi
Decided on : Mar-28-2007
Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822
..... as would disentitle the petitioner to grant of an injunction. nature of relief which can be granted under section 9207. section 9 of the arbitration act enables a court to exercise jurisdiction and pass such orders as are required to maintain the sub-stratum of the subject matter of the arbitration.208. the next ..... subsisting, such stipulation could not be held to be in restraint of trade so as to attract the bar of section 27 of the contract act. the court thereafter proceeded to consider as to whether the plaintiff in the case in hand was entitled to the injunction prayed for to compel enforcement of the ..... during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced under section 36 of the act, may apply to the court for an interim order under section 9, however, without a substantive move for reference or declaration on the petitioner's stand on the ..... para 9(c), the respondent admitted that cold tank repair is not to be undertaken for the next two years, i.e. by the end of 2008. the admitted position is that the board of ggl had not considered any proposal for undertaking the repairs of the cold tank which was not absolutely eminent ..... $ 45 million. such repairs are required to be undertaken in the coming two years beginning from 2007 though actual repairs may start in the year 2008. merely shifting the reserve for such repairs from one heading to another for accounting purposes is distinct from having the actual cash to pay for the same .....Tag this Judgment!