Judgment Search Results Home > Cases Phrase: bombay non trading corporations act 1959 maharashtra section 45 declaration of solvency in case of proposal to wind up voluntarily Court: delhi Page 1 of about 9 results (0.085 seconds)

The Indian Performing Right Society Ltd. Vs. Sanjay Dalia and anr.

Court : Delhi

Reported in : 155(2008)DLT164; LC2009(1)76

..... air2007delhi108 lays down an important principle of law in that it interprets section 134 of the trade marks act as not whittling down the provisions of section 20 of the cpc but providing an additional forum and a place for filing a suit in case of an infringement of a trademark. ..... one of the objections that was raised was that the new jurisdictional dispensation would favour multinational corporations as they would be able to initiate litigation according to their choice and secondly that a poor holder of a trademark will be at a ..... in the factual matrix before us the word 'notwithstanding' connotes that in addition to section 20 of the cpc, by virtue of section 62(2) of the copyright act, the plaintiff is free to choose a forum convenient to it, that is, wherever it actually and voluntarily resides or carries on business or personally works for gain, provided the cause of action arises ..... as is relevant for the present purposes, the defendants have underscored the fact that they own cinema halls only in maharashtra and mumbai and that the entire cause of action, as alleged in the plaint, has arisen in mumbai. ..... assuming, however, that the plaintiff does not carry on business in kanyakumari but in delhi or in bombay or calcutta, he would face the disadvantage of having to file his suit at a hostile or inconvenient ..... of the legislature is evident, inter alia, in the non- obstante clause pertaining to the cpc. ..... this is because at every other place would constitute a forum non conveniens.6. .....

Vinod Kumar Bhutani Vs. State Thr. Cbi

Court : Delhi

..... supreme trading corporation was a non-existent firm, the appellant had fraudulent intention as he gave different addresses and burden was on the appellant anil maheshwari under section 106 evidence act are wholly erroneous. ..... has drawn an inference of fraudulent mind of appellant anil maheshwari on the basis that he had given different addresses in the insurance policy, railway receipt and the corporation bank and the burden to show that supreme trading corporation existed at the given address was on the appellant anil maheshwari under section 106 of the evidence act as the appellant was having especial and specific knowledge of all valid documents pertaining to supreme trading corporation but the defence has failed to do it. ..... now if a passenger is seen in a railway carriage, or at the ticket barrier, and is unable to produce a ticket or explain his presence, it would obviously be impossible in most cases for the railway to prove, or even with due diligence to find out, where he came from and where he is going and whether or not he purchased a ticket. ..... sometimes it means whatever a person declares on information given by someone else and sometimes it is treated as nearly synonymous with irrelevant. ..... tripathi (2010) 8 scc 65.and state of maharashtra & ors. vs. ..... vijaykumar mamraj agrawal 2008 crl.l.j.970 bombay high court; collector of customs, madras vs. d. ..... state of bihar, air 199.sc 29.there was a false and fake insurance proposal. .....

Kunwar Vijay Juneja Vs. Cbi

Court : Delhi

..... supreme trading corporation was a non-existent firm, the appellant had fraudulent intention as he gave different addresses and burden was on the appellant anil maheshwari under section 106 evidence act are wholly erroneous. ..... has drawn an inference of fraudulent mind of appellant anil maheshwari on the basis that he had given different addresses in the insurance policy, railway receipt and the corporation bank and the burden to show that supreme trading corporation existed at the given address was on the appellant anil maheshwari under section 106 of the evidence act as the appellant was having especial and specific knowledge of all valid documents pertaining to supreme trading corporation but the defence has failed to do it. ..... now if a passenger is seen in a railway carriage, or at the ticket barrier, and is unable to produce a ticket or explain his presence, it would obviously be impossible in most cases for the railway to prove, or even with due diligence to find out, where he came from and where he is going and whether or not he purchased a ticket. ..... sometimes it means whatever a person declares on information given by someone else and sometimes it is treated as nearly synonymous with irrelevant. ..... tripathi (2010) 8 scc 65.and state of maharashtra & ors. vs. ..... vijaykumar mamraj agrawal 2008 crl.l.j.970 bombay high court; collector of customs, madras vs. d. ..... state of bihar, air 199.sc 29.there was a false and fake insurance proposal. .....

Rajesh Kumar Kohli Vs. Central Bureau of Investigation

Court : Delhi

..... supreme trading corporation was a non-existent firm, the appellant had fraudulent intention as he gave different addresses and burden was on the appellant anil maheshwari under section 106 evidence act are wholly erroneous. ..... has drawn an inference of fraudulent mind of appellant anil maheshwari on the basis that he had given different addresses in the insurance policy, railway receipt and the corporation bank and the burden to show that supreme trading corporation existed at the given address was on the appellant anil maheshwari under section 106 of the evidence act as the appellant was having especial and specific knowledge of all valid documents pertaining to supreme trading corporation but the defence has failed to do it. ..... now if a passenger is seen in a railway carriage, or at the ticket barrier, and is unable to produce a ticket or explain his presence, it would obviously be impossible in most cases for the railway to prove, or even with due diligence to find out, where he came from and where he is going and whether or not he purchased a ticket. ..... sometimes it means whatever a person declares on information given by someone else and sometimes it is treated as nearly synonymous with irrelevant. ..... tripathi (2010) 8 scc 65.and state of maharashtra & ors. vs. ..... vijaykumar mamraj agrawal 2008 crl.l.j.970 bombay high court; collector of customs, madras vs. d. ..... state of bihar, air 199.sc 29.there was a false and fake insurance proposal. .....

Arvind Kumar Sharma Vs. Cbi

Court : Delhi

..... supreme trading corporation was a non-existent firm, the appellant had fraudulent intention as he gave different addresses and burden was on the appellant anil maheshwari under section 106 evidence act are wholly erroneous. ..... has drawn an inference of fraudulent mind of appellant anil maheshwari on the basis that he had given different addresses in the insurance policy, railway receipt and the corporation bank and the burden to show that supreme trading corporation existed at the given address was on the appellant anil maheshwari under section 106 of the evidence act as the appellant was having especial and specific knowledge of all valid documents pertaining to supreme trading corporation but the defence has failed to do it. ..... now if a passenger is seen in a railway carriage, or at the ticket barrier, and is unable to produce a ticket or explain his presence, it would obviously be impossible in most cases for the railway to prove, or even with due diligence to find out, where he came from and where he is going and whether or not he purchased a ticket. ..... sometimes it means whatever a person declares on information given by someone else and sometimes it is treated as nearly synonymous with irrelevant. ..... tripathi (2010) 8 scc 65.and state of maharashtra & ors. vs. ..... vijaykumar mamraj agrawal 2008 crl.l.j.970 bombay high court; collector of customs, madras vs. d. ..... state of bihar, air 199.sc 29.there was a false and fake insurance proposal. .....

Anil Maheshwari Vs. Cbi

Court : Delhi

..... supreme trading corporation was a non-existent firm, the appellant had fraudulent intention as he gave different addresses and burden was on the appellant anil maheshwari under section 106 evidence act are wholly erroneous. ..... has drawn an inference of fraudulent mind of appellant anil maheshwari on the basis that he had given different addresses in the insurance policy, railway receipt and the corporation bank and the burden to show that supreme trading corporation existed at the given address was on the appellant anil maheshwari under section 106 of the evidence act as the appellant was having especial and specific knowledge of all valid documents pertaining to supreme trading corporation but the defence has failed to do it. ..... now if a passenger is seen in a railway carriage, or at the ticket barrier, and is unable to produce a ticket or explain his presence, it would obviously be impossible in most cases for the railway to prove, or even with due diligence to find out, where he came from and where he is going and whether or not he purchased a ticket. ..... sometimes it means whatever a person declares on information given by someone else and sometimes it is treated as nearly synonymous with irrelevant. ..... tripathi (2010) 8 scc 65.and state of maharashtra & ors. vs. ..... vijaykumar mamraj agrawal 2008 crl.l.j.970 bombay high court; collector of customs, madras vs. d. ..... state of bihar, air 199.sc 29.there was a false and fake insurance proposal. .....

M/S. New Horizons Limited and Another Vs. Union of India and Others

Court : Delhi

Reported in : AIR1994Delhi126; [1997]89CompCas785(Delhi); 52(1993)DLT560; 1994(28)DRJ228

..... (or another injunction founded on section 37 of the supreme court act 1981) 'the court will use its power to pierce the corporate veil if it is necessary to achieve justice irrespective of the legal efficacy of the corporate situation under consideration.11. ..... publications limited : air1996sc51 , which was also a case of award of contract for telephone directories for delhi and bombay containing yellow pages, the court again considered its earlier cases as to the law laid while awarding the contracts in respect of properties belonging to the state and which could be judged ..... far back as at the turn of this century set its seal on the reality of corporate existence when it gave to a debenture-holder, who was virtually the proprietor of the company, priority over unsecured creditors in a winding up, despite the protest of those creditors that salomon and his company were in truth the same ..... government conveyed its approval to the first petitioner for foreign collaboration as proposed, the item of activity covered by foreign collaboration was to be yellow ..... corporation of maharashtra ..... a trade mark, owned by a swiss subsidiary of an international group, was regarded as an asset of the group as a whole.on the other hand, the dhn food distribution case was distinguished in a similar compensation case by the ..... respondents 1 to 3 do admit that perhaps reasons for non-acceptance of the tender of the first petitioner should have been communicated, but they say this itself is not fatal as the .....

H&m Hennes & Mauritz Ab & Anr vs.hm Megabrands Pvt. Ltd. & Ors

Court : Delhi

..... section 47 of the trade marks act before the registrar of trademarks, cannot set up pleas of non-use and the same if permitted, will undermine the efficacy of registration and the presumption of validity of registration under section 31 of the act and an action for infringement of trade ..... trade mark h&m has not been declared as a well known trade mark by the trade marks registry or by any court and the plaintiffs of their own cannot declare their trade mark as well known; e) that there is no similarity between plaintiffs trade mark h&m and the defendants trade mark hm megabrands ; f) that the plaintiffs, before the trade ..... registration; v) that hm has always been an integral part of defendants, their sister concern s business, corporate name / trade name, trading style and trade mark since the year 2011; vi) that this court does not have territorial jurisdiction to entertain the suit ..... and desist notice got issued by the plaintiffs to the defendants resulted in the caveat in this suit and in a suit in the high court of bombay to prevent the plaintiffs from meting out the threats of infringement to the defendants; xxii) that the defendants being in the same line of business as ..... acquired a distinctiveness and a secondary meaning in the business or trade circles and people had come to associate the name mahindra with the plaintiff, the attempt by the defendant in that case to use the name and business in trade circles was likely to create an impression of a connection of ..... maharashtra .....

Air India Ltd. Vs.commissioner of Sales Tax

Court : Delhi

..... section 19(3) of the road transport corporation act ..... case, the tribunal was correct in holding that str no.4/2004 & connected cases page 5 of 13 the indian airlines, being a company, was not entitled to be declared non-business as distinguished from the delhi transport corporation and the andhra pradesh road transport corporation? ..... valuable consideration; (iii) a manager, factor broker, commission agent, del credere agent or any mercantile agent, by whatever name called, and whether of the same payment for or str no.4/2004 & connected cases page 7 of 13 description as hereinbefore mentioned or not, who sells goods belonging to any principal whether disclosed or not; and (iv) an auctioner who sells or auctions goods belonging to any principal, whether ..... sections 2 (c) and 2 (e) of the dst act read as under: 2(c) business includes (i) any trade, commerce or manufacture of any adventure or concern in the nature of trade, commerce or manufacture whether or not such trade, commerce, manufacture, adventure or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues commerce, manufacture, adventure or concern; and (ii) any transaction in connection with, or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern; trade ..... maharashtra state, bombay ..... of the supreme court as well as the laws of bombay and madhya pradesh is that the railways is amenable str no.4/2004 & connected cases page 11 of 13 to tax on the sale of .....

Air India (Formerly Known as Indian Airlines) vs.commissioner of Sale ...

Court : Delhi

..... section 19(3) of the road transport corporation act ..... case, the tribunal was correct in holding that str no.4/2004 & connected cases page 5 of 13 the indian airlines, being a company, was not entitled to be declared non-business as distinguished from the delhi transport corporation and the andhra pradesh road transport corporation? ..... valuable consideration; (iii) a manager, factor broker, commission agent, del credere agent or any mercantile agent, by whatever name called, and whether of the same payment for or str no.4/2004 & connected cases page 7 of 13 description as hereinbefore mentioned or not, who sells goods belonging to any principal whether disclosed or not; and (iv) an auctioner who sells or auctions goods belonging to any principal, whether ..... sections 2 (c) and 2 (e) of the dst act read as under: 2(c) business includes (i) any trade, commerce or manufacture of any adventure or concern in the nature of trade, commerce or manufacture whether or not such trade, commerce, manufacture, adventure or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues commerce, manufacture, adventure or concern; and (ii) any transaction in connection with, or incidental or ancillary to, such trade, commerce, manufacture, adventure or concern; trade ..... maharashtra state, bombay ..... of the supreme court as well as the laws of bombay and madhya pradesh is that the railways is amenable str no.4/2004 & connected cases page 11 of 13 to tax on the sale of .....