Court : Mumbai
Reported in : 2004(3)ALLMR52; 2004(3)MhLj187; 2004(28)PTC362(Bom)
..... in such a situation, taking over all view of the matter, in the interest of justice, the appropriate course, to my mind, is to grant ad interim relief in terms of prayer clauses (a), (b), (c) and (d), so as to ensure that the defendants do not indulge in infringement of ..... that, in any case, the relief ought to be confined only to other parts of india, except the state of bihar, where the defendant company is carrying on its business and has confined its business to that state.5. ..... similarly whenever and wherever a person commits breach of a registered trade mark of another he commits a recurring act of breach or infringement of such trade mark giving a recurring and fresh cause of action at each time of such infringement of ..... the case of the plaintiff that the defendant is a company incorporated under the companies act, 1956, having its office at kanpur and dealing in marketing or trading of lpg lubricants ..... wherever and whenever fresh deceitful act is committed the person deceived would naturally have a fresh cause of ..... section 29(2) of the trade marks act, 1999, reads thus:-'(2) a registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of- (a) its ..... in the reply affidavit that the defendant company was originally incorporated in january 2000 in the name and style of 'hindu petro corporation limited' under the companies act and was subsequently renamed as 'h.p. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004CriLJ1296; 2004(2)MhLj993
..... in all such matters it would be desirable that the high court administration places the paper of the concerned appeal before the appropriate court with a note that after the arrest of the accused subsequent to the admission of the appeal against the acquittal, accused has been taken in custody. ..... (i) then we come to the last question with respect to the appropriate directions under section 390 of the code of criminal procedure. ..... 30,000/- as stated in paragraph 11 of that judgment and also observed that this would not preclude the petitioner from bringing a suit to recover appropriate damages from the state and its erring officials. ..... however, the principal judge will cause an inquiry to be held against all the officers concerned including those who are retired and if necessary pass appropriate order which may have an effect on their pension. ..... the principal judge will initially cause an appropriate preliminary inquiry to be held by a judge of his court under the relevant service rules and on receiving the report will direct a full-fledged inquiry to be held against the officers concerned. ..... it will be open to the state government if it is so inclined to represent to the principal judge that in the event any officers are held guilty appropriate amount from the aforesaid amount of rs. ..... pai, the learned app appearing for the state, brought it to our notice that at the time of earlier proceedings under the ndps act the petitioner had stated that she was a housewife. ..... state of bihar and anr. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2004)(163)ELT462Tri(Mum.)bai
..... adjudicating on the notice, the commissioner accepted that section 7 of the erstwhile sugar promotion act, 1958 did not apply, the act having been repealed but found contravention of the provisions of notification 40/01 and of rule 18 of the central excise rules. ..... the notice issued to both the party demanded duty in terms of notification under the sugar promotion act, 1958 on the ground that the sugar in question was not shown to have been exported and proposed penalty. ..... it is also contended that the manufactured had cleared the goods from the factory on payment of appropriate excise duty. ..... no duty was payable in terms of that act and that the goods in fact had been exported to nepal through the customs station at raxaul, bihar. ..... the demand was not sustainable, when the act itself has been repealed before the sugar was cleared from the factory, as accepted by the commissioner who dropped the demand for duty. ..... among these was that the sugar promotion act, 1958 has been repealed in january 1977. ..... it sold a consignment of sugar manufactured by it to bihar state export corporation ltd, in pursuance of a advice release order issued by the department of food and civil supplies of the government of india. ..... as we have narrated, the notice demanded duty in terms of section 7 of the sugar export promotion act, 1958. .....
Tag this Judgment!Court : Mumbai
Reported in : [2004]135STC289(Bom)
..... appropriation.--(1) where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the ..... petitions held that as the goods were in bonded warehouses within the state of tamil nadu in case of ascertained goods at the time when the contract of sale was made and in case of unascertained goods at the time of their appropriation to the contract by the company, sales must be deemed to be within the state of tamil nadu under section 4(2) of the ..... . bharucha submits that even though the judgment in burmah-shell : [1961]1scr902 covered a period prior to the coming into force of the cst act, it was confirmed by the supreme court in the subsequent judgment in the case of madras marine [19861 63 stc 169 (sc), wherein the apex court dealt with the case of ship stores appropriated to the contract in customs bonded warehouse and delivered on board the ship ..... v. state of bihar : [1955]2scr603 , and sub-articles (2) and (3) were inserted permitting the parliament by law to formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in sub-clause ..... case. the constitution bench judgment rendered by the supreme court in the case of state of bihar .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)ALLMR198; 2004(2)BomCR158; 2003(4)MhLj974
..... (cardiology) obtained by the petitioner from the bombay hospital institute of medical sciences and the degree conferred by the bombay university as a recognised medical qualification for the purposes of indian medical council act, 1956 and re-consider the eligibility of the petitioner keeping in view the powers of relaxation vested in the council in respect of requirement of experience of the petitioner for the purpose of appointment ..... at bombay hospital institute of medical sciences cannot be considered as a recognised qualification, since as per the provisions of section 11 of the indian medical council act, 1956, it is the duty of the medical institute or medical college conducting a course in a particular subject to submit an application under section 11 of the indian medical council act, 1956 through appropriate authorities (university concerned) for recognition of the said qualification granted by particular university. ..... the value of such degree for places outside state of bihar, but so far as the present case is concerned which relates to the post of assistant professor in patna medical college and hospital, patna, which post is under the bihar government, no such objection can be maintained by the ..... by the ranchi university in 1980 with the consent of medical council of india and the state of bihar has recognised such degree imparted by the ranchi university and even before this court [earned counsel appearing for the state of bihar has admitted this position. ..... bihar .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2004)85TTJ(Mum.)821
..... there is no requirement under the law relating to sale of goods and even of immoveable property that purchase consideration has necessarily got to be paid in cash.thus, as per the provisions of section 5(1) of the sale of goods act, 1930, where the parties to a contract agreed that the payment for and delivery of the goods are to be postponed, the property in goods passes to the buyer as soon as the proposal for sale is accepted. ..... 30 of the cit(a)'s order and contended that one can sell what one owns, not through book entries, but by following the procedure prescribed for the transfer of shares in the companies act, according to him, in the present case, since it has been admitted that no valid transfer deed was executed and handed over along with the original share certificates to the assessee by mafatlal industries ltd. ..... in the books of municipal authorities in respect of immovable properties, the mutation of name in the books of the municipal authorities may take long-time but once the property is transferred by following the requirements of the transfer of properties act, 1982 read with the relevant section of registration act, the genuineness of the transfer itself cannot be challenged even though the transferor may still be shown as the owner of the property in the books of the municipal authorities. ..... where goods are already in custody or control of buyer, all that is required is that, there should be an appropriation of goods by buyer in respect of particular contract. .....
Tag this Judgment!Court : DRAT Mumbai
Reported in : IV(2004)BC214
..... notice by paying off their dues in respect of suit account, application dated 12.12.2002 came to be made by the applicant bank in debts recovery tribunal, pune, in which it was prayed that the applicant bank be allowed to appropriate and deposit the said amount of rs. ..... 6368/2002 in the bombay high court challenging validity of the securitisation act on various grounds and that the said writ petition was admitted on 1.11.2002 by the division bench ..... as far as objection of the appellants about notice under securitisation act during the pendency of the original application is concerned, order of the division bench of the high court dated 1.11.2002, has specifically made it clear in paragraphs 6 and 7, ..... inter alia that when the original application was pending, proceedings under the securitisation act, at the same time could not be initiated. ..... section 13 of the securitisation act is with respect to enforcement of security interest, sub-clause 4 thereof stales as follows: (4) in case the borrower fails to discharge his liability in full within the period specified in sub-section (2), the secured creditor ..... case is given under section 13(2) of the securitisation act and action contemplated is under section 13(4)(d) of the said act.6. ..... the applicant bank as per section 13(2) of the securitization and reconstruction of financial assets and enforcement of security interest ordinance, 2002 (for the sake of brevity and convenience, hereinafter to be referred to as the "securitization act') 2. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)ALD(Cri)82; 2003BomCR(Cri)1655; (2003)105BOMLR302
..... the objective is to apply balm to the wounds and not to punish the transgressor or the offender, as awarding appropriate punishment for the offence (irrespective of compensation) must be left to the criminal courts in which the offender is prosecuted, which the state, in law, is duty ..... has also observed that it is now well accepted proposition that monetary or pecuniary compensation is an appropriate and indeed an effective and sometimes perhaps the only suitable remedy for redressal of the established infringement of the fundamental right to life of a citizen by the pubic servants and the state is vicariously liable for their acts. ..... due enquiry, initiate an appropriate action against respondent no. ..... it is further observed that in appropriate cases, after some investigation, the investigating officer may make up his mind as to whether it is necessary to arrest ..... 3, without there being any justification for immediate arrest, clearly indulged in an illegal act of arrest and detention of the petitioner, which has caused incalculable harm to his reputation ..... however, the supreme court has observed that police officer is not expected to act in a mechanical manner and in all cases to arrest the accused as soon as the ..... the right of compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state ..... supreme court ordered the state of bihar to pay to the petitioner in that ..... of bihar : .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(4)MhLj17
..... court directed the municipal commissioner to submit report after due scrutiny into the allegations of corruptions and after accepting the report, directed the municipal commissioner to take appropriate action in accordance with the report as per the conclusions mentioned in the report. ..... the court accepted the enquiry report and directed the commissioner to take appropriate action as per the conclusions mentioned in the report within 3 months from the date of the ..... commissioner shall consider the representations and submissions on their own merits and pass appropriate orders in accordance with law within a period of 3 months. ..... observed that the report was made by the commissioner after due inquiry and diligent scrutiny of record and thereafter the court has directed the municipal corporation to take appropriate action in accordance with the report. ..... singh's case (supra) relied upon by the learned counsel, the supreme court specifically observed that such decision has to be taken bona fide for appropriate reasons and not arbitrarily. ..... petitions filed before the supreme court were allowed to be withdrawn to adopt appropriate remedy according to law. ..... placed heavy reliance on the decisions of the supreme court in state of bihar and anr. v. ..... the same time it does not mean that the authorities get licence to act in arbitrary manner. ..... the pendency of the writ petition the registrar of co-operative societies ordered an inquiry under section 65 of the kerala co-operative societies act, 1969. .....
Tag this Judgment!Court : Mumbai
Reported in : (2003)ILLJ813Bom
..... exactly, are the conditions of service of the employees and in what manner their conditions of service could be improved are matters which are the special preserve of the appropriate tribunals to be decided in adjudicatory processes and are not ones to be decided by the government on a prima facie examination of the demand. ..... in the back drop of documents produced and the settled legal position that the appropriate government cannot go into the merits of the dispute raised by the workmen while forming the opinion whether the dispute raised needs to be referred for adjudication, the impugned communication refusing to refer the dispute ..... is now well settled that, while exercising power under section 10(1) of the act, the function of the appropriate government is an administrative function and not a judicial or quasi judicial function, and that in performing this administrative function the government cannot delve into the merits of the dispute and take upon itself the determination of the lis which would certainly be in excess of the power conferred on it by section 10 of act. ..... section 10 permits appropriate government to determine whether dispute exists or is apprehended and then refer it for adjudication on ..... a reference is rejected on the specious plea that the government cannot bear the additional burden, it constitutes adjudication and thereby usurpation of the power of a quasi judicial tribunal by an administrative authority namely the appropriate government. ..... of bihar and ors .....
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