Court : Delhi
Reported in : [2009]151CompCas514(Delhi)
..... admittedly the parties had a business relationship under the sales agency agreement dated 01.04.2006 whereunder the respondent, inter alia, booked star cruise packages on vessels operated by the petitioner. ..... the petitioner states that the parties entered into a sales agency agreement dated 1.4.2006 whereunder the respondent was appointed as a sales agent to provide services in the territory of india for advertising, publicity, marketing and obtaining bookings for cruise packages of star cruise vessels, subject to the ..... clause 5.2 of the sales agency agreement clearly states that any amount incurred on promotional activities and advertisement expenses would be entirely borne by the sales agent i.e. ..... it is stated that the respondent company had to bear all expenses towards promotional and advertising cost under the sales agency agreement dated 1.4.2006. ..... the petitioner has also placed on record the correspondence exchanged with the respondent through e-mail which was the accepted mode of communication between the parties under the sales agency agreement.4. .....
Tag this Judgment!Court : Delhi
Reported in : 2006(112)ECC338; 2006LC338(Delhi); 2007(207)ELT351(Del)
..... in cases of this nature, there are bound to be some discrepancies in the version given by an applicant and the report given by the investigating agency but the existence of one or more discrepancies cannot be interpreted to mean that the applicant has not made a full and true disclosure of all material facts. ..... in so far as the second contention of learned counsel for the petitioner is concerned, namely, that the investigating agency was not given a hearing in the matter, we are of the view that the rules do not postulate an oral hearing being given to either of the parties when an application for compounding is intended to be allowed. ..... if there is some discrepancy here or there in the version given by him and the report of the investigating agency, we cannot make that a basis for coming to the conclusion that the applicant has not fully or truly disclosed all the facts. ..... if there is a discrepancy between the version given by the applicant and the report of the investigating agency and the discrepancy is of a serious nature, the compounding authority is, of course, entitled to reject the application and the applicant cannot claim, as a matter of right, that his offence should be compounded. ..... there is no requirement in any provision of the rules which mandates the compounding authority to orally hear the investigating agency in the event the compounding application is allowed. .....
Tag this Judgment!Court : Delhi
Reported in : (1986)51CTR(Del)267; [1985]155ITR392(Delhi)
..... 1, 1956, the state trading corporation had taken over the distribution of cement and, thereforee, even though asia udyog continued to be the sole selling agent for dalmia dadri cement limited, the quantum of selling agency work had been considerably reduced with effect from july 1, 1956. ..... the transaction was compatible both with business and capital, but as the object was acquisition of managing agency of two companies, it was a transaction in capital account. ..... in lala ram kishan gupta v.cit : [1964]52itr991(all) , a large block of shares was purchased for the purpose of acquiring a managing agency, but this was not possible. ..... : [1968]69itr719(bom) , it was held that a large block of shares was purchased to acquire the managing agency of another two companies. .....
Tag this Judgment!Court : Delhi
Reported in : (1986)54CTR(Del)85; ILR1985Delhi651; [1986]159ITR549(Delhi); 1986RLR115
..... - the market value of an unquoted equity share of any company, other than an investment company or a managing agency company, shall be determined as follows : the value of all the liabilities as shown in the balance-sheet of such company shall be deducted from the value of all its assets shown in that balance-sheet. ..... the question which arises for consideration in this and in the connected writ petitions is with regard to the manner of valuation of the unquoted equity shares of companies, other than investment companies and managing agency companies, for the purposes of the wealth-tax act, 1957. 2. ..... market value of unquoted equity shares of companies other than investment companies and managing agency companies. ..... the main arguments in this case pertained to the correct interpretation and the virus of rule 1d, which provides for valuation of unquoted equity shares of companies, other than investment companies and managing agency companies. .....
Tag this Judgment!Court : Delhi
Reported in : [1997]88CompCas155(Delhi)
..... well as the recommendations of the bifr were pending in this court, the icici who had acted as operating agency before the bifr in those proceedings, instituted a suit in the bombay high court being suit no. ..... well as the recommendations of the bifr were pending in this court, the icici who had acted as operating agency before the bifr in those proceedings, instituted a suit in the bombay high court being suit no. ..... by the division bench did not have any effect on the winding up except for the change that the company court should ask the operating agency to give its consent whereby its officer could be appointed as the liquidator of the company. ..... by the division bench did not have any effect on the winding up except for the change that the company court should ask the operating agency to give its consent whereby its officer could be appointed as the liquidator of the company. ..... (hereinafter referred to as 'the sica'), because if an order had been passed under the provision then under sub-section (3) of section 20 of that act this court would appoint an officer of the operating agency if the operating agency gives its consent to act as liquidator of the sick industrial company. ..... 1985 (hereinafter referred to as 'the sica'), because if an order had been passed under the provision then under sub-section (3) of section 20 of that act this court would appoint an officer of the operating agency if the operating agency gives its consent to act as liquidator of the sick industrial company. .....
Tag this Judgment!Court : Delhi
Reported in : 2001IIIAD(Delhi)829; 2001CriLJ2404; 90(2001)DLT548
..... the reasons and circumstances on account of which the investigating agency did not apply for his test identification parade shall be revealed and considered in the course of trial only and as such at this stage the prosecution case against him cannot be rejected.58. ..... he submits that disclosure statement of a-1 led the investigating agency to discover the fact that the pistol was handed over by a-1 to accused r.k.sudan and the transcript of the taped conversation shows that the weapon was passed on to a-6 by accused r.k.sudan. ..... inspire of best efforts, the investigating agency could nt trace out this weapon and as such, material evidence has been made to disappear. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi160
..... . up to the state of the preparation of the certified copy by the copying agency and was not an absolute order and that the failure of the appellant to file the certified copy before february 12, 1968 even though it was ready on december 30, 1967, was not justified ..... period of limitation provided for the filing of the appeal or otherwise as early as the appellant could do so which obviously would mean as soon as possible after the appellant had been able to obtain a certified copy from the copying agency ..... filed the copies within the period of limitation nor could be said to have done it as early as possible because it became possible for the appellant to file the copies when the same were obtained from the copying agency .....
Tag this Judgment!Court : Delhi
Reported in : 1969CriLJ551
..... on that date, the case was adjourned to 8.1.1968 because the records had just arrived from the copying agency.on the next date satya parkash gupta accused was absent and non-bailable warrants were issued against him and the case was adjourned to 17.1.1968, on which date pran nath accused intimated his ..... up to 17.1.1968, it is quite clear that the various presiding officers of the trial court and the prosecuting agency had been dealing with the case in a manner which can-scarcely be described to be in accordance with the instructions contained in the high, court rules and orders. ..... , the learned magistrate seems to have completely ignored the cause for the delay in the disposal of this case emanating from want of anxiety and diligence on the part of btoh the court and the prosecuting agency and has unjustifiably placed on the accused the sole responsibility for this delay. ..... that it is far from proper to put the entire blame for the delay in the trial of the case on the accused-petitioner and the responsibility for the delay must, to a large measure, be-placed on the prosecuting agency and the long adjournments granted by the court which were nto always justified.3. ..... the want of diligence on the part of the prosecuting agency in prosecuting the case with the expected promptitude and an attitude of indifference on the part of the presiding officers, seem to me quite often the cause for inappropriately long adjournments. .....
Tag this Judgment!Court : Delhi
Reported in : 1984(1)Crimes1040; 1984(7)DRJ63
..... the same and finding a prima facie truth therein then files the charge-sheet/challan in court and the working out and investigation of the allegations naturally take the investigating agency quite a considerable time and therein lies the error into which the learned additional sessions judge has fallen in this case in opening that it would be unjust to draw the ..... the subject-matter of the subsequent two proceedings were paltry and the accused who was a government servant had already been subjected not only to the agency and humiliation of a criminal trial but he would have to face the necessary consequences, namely that he would lose his job and would find it hard to get any ..... of the appellant in four cases for committing breach of trust with respect to several items was not illegal, there is nothing on record to show that the investigating agency had worked out all the cases of criminal breach of trust prior to prosecuting the appellant for the offences of which he was tried at sessions trial no. ..... from the first item of the first case to the last item of the subsequent case especially when there is nothing on the record to show that the investigating agency had worked out and investigated all the items of criminal breach of trust etc. ..... in other words was it incumbent upon the investigating agency cbi to have deferred the filing of the charge sheet in respect of 4 items in the earlier case on 1-7-1980 and waited the completion of the charge sheet in respect of the remaining .....
Tag this Judgment!Court : Delhi
Reported in : 1993CriLJ1293; 49(1993)DLT640; 1993RLR263
..... singh further submits that the main allegations of the prosecution are against krishnamurthy and his two sons but they have not been arrested for the reasons best known to the investigation agency and that the petitioner has been meted out with discriminatory treatment. ..... in the country governed by rule of law the discretion of the investigating agency does not mean whim, fancy or wholly arbitrary exercise of discretion. ..... learned counsel further contends that it is the discretion of the investigating agency as to which accused is to be arrested and at what stage and the petitioner may not be admitted to bail simply because other accused have not been arrested. ..... thecourt, can, however, ask the investigating agency in appropriate cases as to what is the reason for not arresting the main accused. ..... (9) there is no doubt that the investigating agency in its discretion has to decide as to which accused is to bs arrested and at what stage. ..... a prime investigating agency of the country, is treating binoy jacob differently. .....
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