Court : Delhi
Reported in : 2003IIAD(Delhi)672; 103(2003)DLT250
..... been a stumbling block in the smooth functioning of the other companies, does not arise for consideration. in other cases this may become critical.5. chapter v of the act is a pandect within that statute dealing with arbitration, compromises, arrangements and reconstructions, in sections 389 to 396-a. the question that arises in this ..... of the english companies act, 1948, which reproduces with amendments section 155 of the english act of 1929.' a similar interpretation was also imparted to these provisions by balakrishna ayyar, j. in the case entitled s.viswanathan and anr. v. east india distilleries and sugar factories ltd. and anr. [vol.xxvii] 1957 company cases 177. the ..... observed that there was no scheme or contract, and the purchase offer was a private one. in holding this view, the learned judge obviously saw chapter v of the act as an integrated one thereby making it inapplicable where the other provisions such as section 391 and section 392 had not been simultaneously invoked. 11. .....
Tag this Judgment!Court : Delhi
Reported in : 2003IIAD(Delhi)351; 103(2003)DLT321; 2003(26)PTC349(Del); 2003(2)RAJ86
..... in section 479 of the indian penal code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the copyright act, 1957 (14 of 1957); 11. on the face of the above legal provisions, the first question is as to whether the drawings and brochures of the plaintiff can be said ..... they have to be interpreted harmoniously. here the position is, the copyright act which is later in point of time would impliedly incorporate into that act the provisions of the designs act. the plaintiffs confine themselves to the provisions of the copyright act, 1957 and would assert copyright in the drawings while the second defendant would rely upon the provisions of ..... a somewhat complex question about the interpretation and applicability of the provisions of the copyright act, 1957, the designs act and the patents act. as noticed in the earlier part of this order, the plaintiff's case is that it has the subsisting copyright not only in the brochures published by it but in the drawings also which .....
Tag this Judgment!Court : Delhi
Reported in : 2003(27)PTC452(Del)
..... parties in this regard, it is necessary to refer to section 62 of the copyright act, 1957, which reads as under:62. jurisdiction of court over matters arising under this chapter:- (1) every suit or other civil proceeding arising under this chapter in respect of the infringement of copy right in any work or the infringement of ..... its local office in delhi at plaza theatre building, connaught circus, new delhi. thereforee, in view of the provision of section 62(2) of the copyright act, it cannot be said that the plaint does not contain necessary averments conferring jurisdiction on delhi courts thereby necessitating return of plaint for presentation to the proper ..... has arisen in bombay or the defendant had their residence/business within the jurisdiction of bombay courts. it was held that section 62(2) of the copyright act confers this jurisdiction by virtue of the said enactment and such special jurisdiction cannot be categorised as original civil jurisdiction of the court and, thereforee, .....
Tag this Judgment!Court : Delhi
Reported in : 2003VIIIAD(Delhi)572; 107(2003)DLT91; 2003(27)PTC280(Del); 2004(1)RAJ69
..... the plaintiff itself having admitted that their production was covered under the statutory defenses enlisted in section 52 of the copyright act 1957, the same cannot be the subject matter of protection under the provisions of the copyright act as the plaintiff's sound recording is not an original work. it is further stated that the alleged re ..... (1) a translator hopes to persuade a foreign author to let him translate his latest novel into english with a view to publication. he translates a chapter and submits it as an unsolicited sample of his workmanship. the foreign author refuses the offer but subsequently relents and the translated work is duly published. it ..... performer must seek protection for his performance under the provisions of the act relating to performers - see chapter 12 - and not under the law of copyright. ' '21.22 the statutory license section 8 of the copyright act 1956 provided that after the owner of the copyright in a musical work had permitted records of it to be made .....
Tag this Judgment!Court : Delhi
Reported in : 2004(73)DRJ649; [2004]54SCL378(Delhi)
..... property mark as defined in section 479 of the indian penal code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the copyright act, 1957 (14 of 1957).'14. a bare reading of the definition of 'design' conveys that the 'design' relates to the features of shape, configuration, pattern, ornament or composition of lines ..... with or without any indication of the identify of that person, and includes a certification trade mark registered as such under the provisions of chapter viii;'12. section 2(2)(b) of tmm act further says that unless the context otherwise requires, any reference to the use of a mark in relation to goods shall be construed as ..... , signature, word, letter or numeral or any combination thereof.'11. section 2(1)(v) defines the 'trade mark' as under: '(v) 'trade mark' means-(i) in relation to chapter x (other than section 81), a registered trade mark or a mark used in relation to goods for the purpose of indicating or so as to indicate a connection in .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2004)82TTJ(Delhi)703
..... chapter" denoting thereby that while computing the income, various factors might fall for determination and, therefore, whenever such contingency does arise, the ito can ascertain it through the agency of the valuation officer. on such reference, the provisions, inter alia, of sub-sections (2) to (6) of section 16a and sub-sections (3a) and (4) of section 23 of the wt act, 1957 ..... and sub-sections (3a) and (4) of section 23, sub-section (5) of section 24, section 34aa, section 35 and section 37 of the wt act 1957 (27 of 1957), shall with the necessary modifications, apply in relation to such reference as they apply in, relation to reference made by the ao under sub-section (1) of section ..... 16a of that act. explanation--in this section, "valuation officer" has the same meaning, as in clause (r) of section (2) of the wt act 1957 (27 of 1957)." 27.16 as a consequence to the introduction of the said section in the statute, the .....
Tag this Judgment!Court : Delhi
Reported in : 2003VIIIAD(Delhi)228; 108(2003)DLT51; 2003(27)PTC478(Del); 2004(1)RAJ214
..... illiterate. the petitioner's case was that the petitioner has a distinctive design, colour scheme and get up which is an artistic work under the meaning of copyright act 1957 and his design was duly registered. its grievance was that respondent no. 2 was distributing khaini and gutkhasof various manufacturers all in pouches and/or sachets having ..... and get up of the label being original artistic work or to the ownership thereof is absolutely false as the plaintiffs claim the ownership of the copyright on the basis of certain averments and in the present suit they have taken a different stand inasmuch as that they have not pleaded the basic ..... has been manufacturing and marketing dental products in india under the trademark 'colgate'.3. the defendant, anchor health, is a company incorporated under the indian companies act, 1956 and carries on the business as manufacturers and marketersof dental products under the trademark 'anchor'. the defendant is in the said business since 1996. the .....
Tag this Judgment!Court : Delhi
Reported in : 109(2004)DLT41; 2004(28)PTC1(Del)
..... property mark as defined in section 479 of the indian penal code (45 of 1860) or any artistic work as defined in clause(c) of section 2 of the copyright act, 1957 (14 of 1957).emphasis has been laid on behalf of the defendant to 'and includes any part of an article capable of being made and sold separately' in clause (a) reproduced above ..... .2.2000 in class 3 in respect of the application of such design to toothbrushes. by virtue of said design registration and section 48(5) of the designs act, 2000, the plaintiff has the copyright in the design for an initial period of 5 years from the date of the registration i.e. till 15.02.2005, which period is extendable by ..... after it is imported and bristled and it is only marketing it under its own house mark.11. sub-section(1) of section 22 of the act was enacted to eliminate the violation of the copyright in any design, in other words, the piracy of registered design. it is as under:-'22. piracy of registered design.__ (1) during the existence of .....
Tag this Judgment!Court : Delhi
Reported in : (2004)83TTJ(Del)692
..... residence as well as business premises of the assessed resulting in seizure of documents and records. the assessing officer issued notice under section 158bc under chapter xiv-b of the income tax act, on 20-11-2001 for the aforementioned block period. the assessed filed the block return on 4-1-2002 declaring undisclosed income of rs. 86 ..... . v. state of kerala : [1973]91itr18(sc) . further, reliance is placed on the decision of supreme court in sarwan singh ratan singh v. state of punjab 1957 sc 637, wherein it has been held that a confession of an accused would need corroboration to convict the accused. learned counsel further referred to the decision of delhi high ..... non-genuine falls within the ambit of undisclosed income as defined under section 158b(b) and is covered for the purposes of block assessment under chapter xiv-b of the income tax act, 1961?(ii) whether the admissions made by the assessed that the gifts are arranged ones and equivalent amount of cash has been returned back to .....
Tag this Judgment!Court : Delhi
Reported in : 112(2004)DLT1
..... of the present case. in the said case since no objection certificate was required from the dda under section 14 of the delhi development act, 1957 and since under the provisions of section 41 of the delhi development act the directions issued by the central government were binding on the dda no objection certificate was not issued by dda and the building plans ..... reproduced below:'235. general superintendence, etc. of the central government--notwithstanding anything contained in any other provisions of this act, the chairperson shall exercise his powers and discharge his functions under this chapter, under the general superintendence, direction and control of the central government.'it was contended before us by mr. ramachandran, learned asg that power of the central government under section .....
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