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Delhi Court April 1984 Judgments

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Apr 03 1984

Niki Tasha India Pvt. Ltd. Vs. Faridabad Gas Gadgets Pvt. Ltd.

Court: Delhi

Decided on: Apr-03-1984

Reported in: AIR1985Delhi336; 26(1984)DLT355

Avadh Behari Rohatgi, J. (1) The cooking gas or L.P.G., as it is called, has brought about a revolution in the home. Most housewives find it convenient to use the gas stove. They are so much in fashion these days. Now complete cooking range is on sale. This case raises the question of copy wright in the registered design of a cooking range which is sold under the brand name of 'KITCHENETTE'. (2) These are the facts. The Plaintiffs (the present appellants). M/s. Niky Tasha India Private Limited brought a suit for permanent injunction against the defendants (the present respondents). M/s. Faridabad Gas Gadgets Private Limited complaining of infringement of their registered design No. 152986 dated 11-4-1983 pertaining to the product known as a Kitchenette which is a combination of gas burner, grill and oven. The plaintiffs got registration with regard to shape and configuration in this product of theirs. It is alleged that the defendants under the name of Navjyoti are manufacturing, selli...


Apr 02 1984

Naveen Varshneya and anr. Vs. State and anr.

Court: Delhi

Decided on: Apr-02-1984

Reported in: 26(1984)DLT227

Jagdish Chandra, J. (1) This petition assails the order dated 3-2-1983 passed by Shri T.S. Oberoi, Addl. Sessions Judge, Delhi on a revision having been preferred by the petitioners Naveen Varshneya and Smt. Nirmal Varshneya against the order dated 22-5-1982 passed by Mrs. Aruna Suresh, Metropolitan Magistrate, Delhi whereby the learned magistrate had summoned both the petitioners in the complaint filed under Sections 420, 120-B and also under Section 34 Indian Penal Code and which order was held valid by Shri T.S. Oberoi in revision. (2) Petitioner No. 1 Naveen Varshneya and petitioner No. 2 Mrs. Nirmal Varshneya are husband and wife and whereas the former is sole proprietor of M/s Kumar Enterprises the latter is the sole proprietor of M/s Kumar Traders. Both these concerns of the petitioners have been having business dealings with M/s Radha Krishan Bimal Kumar (P.) Ltd, Khari Baoli Delhi in which the complainant Suresh Chand Sharma is the Sales Executive. Petitioner No. 1 Naveen Vars...


Apr 02 1984

Tractor and Equipment Corpn. Ltd. Vs. Income-tax Officer.

Court: Delhi

Decided on: Apr-02-1984

Reported in: [1984]9ITD132(Delhi)

ORDERPer Shri R. L. Segal, Judicial Member - IT Appeal No. 1303 (Delhi) of 1983 by the assessed, Tractor & Equipment Corpn. Ltd., (in voluntary liquidation), New Delhi and IT Appeal No. 1373 (Delhi) of 1983 by the revenue arising out of the order of the Commissioner (Appeals) dated 6-1-1983 have been consolidated, heard together and are being disposed of by a common order for the sake of convenience. The year of assessment involved is 1979-80, for which the previous year ended 24-3-1979.2. IT Appeal No. 1303 (Delhi) of 1983 : Grounds 2 and 3 reading as under, were not pressed at the time of the hearing of the appeal :'2. The learned Commissioner (Appeals) has erred in upholding the disallowance of legal and professional expenses of Rs. 12,451 having been incurred wholly and exclusively for the purpose of business.3. The learned Commissioner (Appeals) has erred in upholding the disallowance in respect of unrecovered sales tax in the sum of Rs. 5,150.'As such and for the reasons stated b...


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