Court : Delhi
Reported in : AIR1988Delhi82; 1988(1)ARBLR255(Delhi); 33(1987)DLT298
..... time as the high court may in accordance with the rules made by it under section 158 allow.'(8) chapter xviii of the act deals with suits concerning infringement of patents. under section 104 of the act falling under this chapter no suit for a declaration under section 105 or for any other relief under section 106 for infringement of ..... court for the purpose of testing the soundness of the decision of the inferior court.' the supreme court in garikapati veeraya v. n. subbiah choudhry and other : [1957]1scr488 observed that the suit, appeal and second appeal were to be regarded as one legal proceeding. it laid down certain principles, all of which may not be ..... , 1972, filed on or about 10th january, 1984 the notice of opposition to the said patent of the first respondent. after holding proceedings in accordance with the act and the rules the second respondent by order dated 23rd september, 1986 dismissed the opposition of the appellant. thereafter, the present appeal came to be filed in this .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1988)25ITD193(Delhi)
..... constraints and the procedural bottlenecks, which, along with the non-price factors such as quality and the product profile, have adversely affected the competitiveness of our exports....in chapter iii, the committee considered export promotion policy and strategy to be adopted for that purpose. it pointed out in paragraph 3.1 that "over the next decade, ..... , the purpose of vesting this power in the cit(a) has been explained by the hon'ble bombay high court in the case of narrondas manordass v. cit [1957] 31 itr 909, 917, inter alia, in the following words : .... the legislature has conferred very wide powers upon, the aac once an appeal, is preferred ..... following grounds : that the learned cit (appeals) erred, in not allowing the full amount claimed by the appellant for deduction under section 35b of the income-tax act, 1961 particularly with regard to expenditure incurred as interest paid on post-shipment export credit loan ; loss incurred owing to the fluctuation in the rate of exchange ; .....
Tag this Judgment!Court : Delhi
Reported in : 1988(18)ECC358; 1988(19)LC131(Delhi); 1989(39)ELT211(Del)
..... as of 1973 similarly make provisions for entrustment of functions. our attention has been invited to notifications issued from time to time, right from 1957 under section 2(b) of the act investing designated officers with all the powers of a central excise officer. particularly by notification dated august, 15, 1964, the officer on special ..... inclusion of delegation of the functions of the commissioner under section 105b to 105e does indicate the intention that the judicial or quasi-judicial powers contained in chapter vi-a were expressly intended to be delegated.' the words in the delegation order was subject to 'control and revision' and this was construed as delegation ..... in adjudication proceedings in the criminal court. reference is made to the changes affected by amendment act 36 of 1973 by introduction of chapter vi-b. section 36a-a provides that any document produced by any person under the act can be tendered by the prosecution as evidence against him and the court is entitled to .....
Tag this Judgment!Court : Delhi
Reported in : AIR1989Delhi63; 1988(2)ARBLR302(Delhi); 1989(1)Crimes597; 36(1988)DLT31; 1988(15)DRJ223
..... the two of them. before concluding it may also be noticed that under section 17, proviso (cc) of the copyright act, 1957 the person who has delivered the speech in public is regarded as the first owner of the copyright thereof. in view of this provision it is doubtful whether a verbatim copy of a person's speech, delivered in ..... a revised draft was prepared and was presented to maulana azad towards the end of november, 1957. it is further mentioned by prof. kabir, in the preface, that when the final draft was ready maulana azad went through the manuscript chapter by chapter and sentence by sentence and made some minor alterations. it has also been stated that there ..... draft in english would be prepared by prof. kabir and handed over to maulana azad. maulana azad then read each chapter and then both prof. kabir and maulana azad went over the said chapter together. it is at this stage that maulana azad is stated to have made many amendments, additions, alterations and omissions. the first draft .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1989)(23)LC100Tri(Delhi)
..... to para no. 17 of the show cause notice which appears on page 187 of the paper book. the appellant was following chapter vii-a srp and as such rule 9(2) was not applicable. he has argued that for the sake of argument even ..... differ from that of any other enactment." in support of his argument he has also referred to the following judgments : (1) air 1957 s.c. 397 para 45 pannalal binjraj and ors. v. union of india and ors. where the hon'ble supreme court had held ..... to the concise oxford dictionary new seventh edition means, inter alia, helping; subordinate. the assistant collector who is not defined in the act is thus only a subordinate of the collector. there is no prohibition in the section from collector himself exercising the powers of the assistant ..... the provisions of the central excises and salt act, 1944. he has also referred to sub-rules (1) and (2) of rule 9 of the central excise rules. he has argued that the scheme will not apply to chapter vii-a (self-removal procedure). rule 9( .....
Tag this Judgment!Court : Delhi
Reported in : ILR1989Delhi490; 1989RLR177
..... of the powers conferred by clause (j.) of subsection 2) of section 56 read with sub-section (3) of section 22 of the delhi development act, 1957 (for short called the act).(3) the terms and conditions provide, inter alia, that the officer conducting the auction could normally accept, subject to conferment on by the vice-chairman, ..... have been framed and noticed in the gazette violated september 26, 1981 providing 'for the manner of dealing, with nuzulland. allotment by auction is provided in chapter iii of the rules, the authority is required under rule 27 to publish, later alia, the terms and conditions of auction and other details, including the arms ..... though attractive., cannot stand close scrutiny.(11) the authority has been constituted under the act. it is an instrumentality and agency of the state. chapter v of the act provides for the acquisition and disposal of land. under section 22 of the act. the central government may by notification in the official gazette and upon such terms .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1989)31ITD29(Delhi)
..... of mr. ganesan, which must be dealt with and rejected is with regard to his submission that since trusts are referred to in chapter iii and scientific research institution in chapter iv of the income-tax act, 1961 these are two different species and distinguished from each other. we have already referred to the provisions of section 2(24)(iia) ..... the company was assessed to income-tax for the assessment year 1958-59, in respect of its first year of business for the accounting period ending on 30th june, 1957, the income-tax officer treated the sum of rs. 2 lakhs as the assessee's income because, according to him, the grant-in-aid went towards reducing ..... ltd. was incorporated as a company on 18th may, 1956, its entire share capital being subscribed by the government of india. its first accounts were closed on 30th june, 1957. it started its trading activities towards the beginning of july, 1956. by a letter dated 21st june, 1956, the government of india, ministry of commerce and industry, .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1990)LC113Tri(Delhi)
..... the appellant has claimed the assessment under heading 26.02/04 relates to slag, ash and residues containing metals or metallic compounds. the revenue has assessed the imported goods under chapter 74.01/02 which relates to copper metal, unwrought copper (refined or not); copper waste and scrap. the chief chemist in his letter dated 11th september, 1985 has ..... a preliminary objection that in the appeal memo no valuation plea has been taken. shri lakshmikumaran, the learned advocate has argued that the revenue has assessed the same under chapter 74.01/72 as brass scrap whereas the appellants claim is under heading 26.02/04 as brass dross. he has referred to the paras 2, 3 and 4 ..... per mt. the revenue authorities are of the view that the goods were liable for confiscation under section lll(m) of the customs act, 1962. it was also found by the adjudicating authority that bill of entry no. 1957/176 and lc no. 181/10/84 dated 3rd october, 1984 were invoiced at us $ 0.40 per pound cif bombay whereas .....
Tag this Judgment!Court : Delhi
Reported in : AIR1990Delhi282; 42(1990)DLT44; 1990RLR334
..... court dealt with the question whether the failure of the standing committee of the delhi municipal corporation to consider under subsection ( 3) of section 313, delhi municipal corporation act, 1957, an application for sanction to a lay-out plan within the period specified in the sub-section resulted in a 'deemed'' grant of the sanction. the supreme court ..... the 24th august, 193 no. rnz11731 :-in exercise of the powers conferred by sub-clause (i) of clause (b) of section 507 of the delhi municipal corporation act, 1957 (66 of 1957) the municipal corporation of delhi has, with the prior approval of the central government exempted the rural areas from the provisions of the said ..... assist the pradhan or u-pradhan of a gaon panchayat in the performance of the duties of the gaon panchayat relating to land management work under chapter v of the delhi land reforms act, 1954, in respect of the village of his halqa situated in the jurisdiction of the gaon panchayat, in the manner and to the extent .....
Tag this Judgment!Court : Delhi
Reported in : ILR1991Delhi606
..... according to the petitioner it was the petitioner who was the owner of the copyrights in question. if reference is made to chapter xii of the copyright act, 1957 relating to civil remedies in case of infringement of copyright; every suit or other civil proceedings arising under that chapter in respect of infringement of copyright in any work or the infringement of any other right conferred by that ..... act nave io be instituted in the district court having jurisdiction. this would mean that in .....
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