Court : Karnataka
Reported in : ILR1987KAR2364
..... the winding up ; (3) the avoidance of unregistered bills of sale as against the trustee in bankruptcy ; (4) the limitation of the trustee's power in relation to copyright ; or (5) the necessity for a petitioning creditor who is a secured creditor to offer by his petition to surrender his security or to estimate its value at an ..... law of insolvency with respect to the estates of persons adjudged insolvent.'17.1 section 529 comes under chapter v of the act which is applicable to every mode of winding up whereas section 433 of the act comes under chapter ii of the act which provides for winding up by the court. section 433 is the provision which enables the court to ..... submitted his valuation report which is marked as ex. r.4. he is the member of the institution of valuers of india and also founder member of the karnataka chapter of the institute of valuers ; he is an approved valuer for wealth-tax and estate duty purposes and authorised valuer for some of the nationalised banks like canara bank .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)2GLR910
..... of this that section 25-fff has been inserted by an amendment of the industrial disputes act by act 18 of 1957 and it is not necessary for us to trace the history of the insertion of chapter v-a in the central act by amendment act 47 of 1953 and later on of section 25-fff with other provisions...the aforesaid decisions ..... because of this that section 25-fff has been inserted by an amendment of the industrial disputes act by act 18 of 1957 and it is not necessary for us to trace the history of the insertion of chapter v-a in the central act by amendment act 47 of 1953 and later on or section 25-fff with other provisions...(emphasis supplied)38. ..... the instance of the workmen of a closed undertaking, the supreme court in pipraich sugar mills ltd. v. pipraich sugar mills mazdoor union : (1957)illj235sc held that the provisions of the industrial disputes act apply only in cases of a dispute arising out of an existing industry and where it is either admitted or found that the closure was real .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker183
..... , to account therefor to the person lawfully entitled thereto. 13. it would be instructive to compare the above provisions with the provisions in chapter iv of part ix of the act dealing with the practice in granting and revoking probates and letters of administration. section 284 contemplates caveats to be lodged with the district judge. ..... by the learned subordinate judge may be restored. these contentions are sought to be rebutted by learned counsel for the respondent. 9. section 214 of the act insists on proof of representative title as condition precedent to recovery through the courts of debts from debtors of deceased person. representative title should be proved by ..... of this court had occasion to consider scope of enquiry under part x of the act in ammini ammal v. lakshmi, 1957 ker lt 301 : (air 1957 ker 901. the division bench observed after refering to sections 372 and 373 of the act; 'these provisions make it clear that the legislature contemplated only that the district judge .....
Tag this Judgment!Court : Kerala
Reported in : 1986CriLJ263
..... was registered against four accused for offences punishable under sections 420 and 471 read with section 34 of the indian penal code and sections 63 and 65 of the copyright act on the basis of the statement made by one satheesh sathyan, public relations manager and power-of-attorney holder, tharangini records, trivandrum.2. tharangini records claims to ..... as may be necessary, shall make such order on the application, as he may deem fit.6. the provisions of section 64(1) and (2) of the copyright act were relied on by the state to contend that seizure of the work and plates used for making infringing copies, wherever found, is permitted without warrant and any person ..... 1). on such a strict interpretation, only those orders would be revisable which are orders passed on the final determination of the action but are not appealable under chapter xxix of the code. this does not seem to be the intention of the legislature when it retained the revisional power of the high court in terms identical .....
Tag this Judgment!Court : Mumbai
Reported in : (1986)88BOMLR308
..... both the advocates appearing before me, though i have treated mr. chinoy as the advocate in charge of the appeal. there is also provision in rule 2 of chapter xxxii of the bombay high court appellate side rules, 1960 empowering the court, on application, to allow two advocates to be heard on behalf of any one of ..... independent litigation and, perhaps, not even then.24. vimadalal j. in that judgment in fact followed an earlier division bench judgment of this court in chhotalal kalidas v. laxmidas (1957) 60 bom. l.r. 587. therefore, it would not be inappropriate to refer to the said judgment. in chhotalal's case, the relief claimed by the plaintiffs was ..... leviable on rs, 1,02,000.6. proceeding further, the learned judge held, rejecting the plaintiffs' contention, that section 6(iv)(j) of the bombay court-fees act, which is as follows:in suits where declaration is sought, with or without injunction or other consequential relief and the subject-matter in dispute is not susceptible of monetary .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR3898; 1985(2)KarLJ569
..... comprehensive legislation providing for most of the topics covered by entry 18 in list ii of the seventh schedule to the constitution of india. it consists of 11 chapters.18. chapter ii of the klr act deals with the tenancy which include recovery of rent; liability to pay land revenue; failure to cultivate; eviction of tenant for default; rights of tenant to be ..... . -v.- state of mysore : [1962]3scr230 in that case, by a resolution passed by the legislative assembly on 23-2-1956, the prize competitions act, 1955, central act 42 of 1955 was adopted by the state of mysore. the mysore act 26 of 1957 dealing with the prize competitions control and tax amendment was challenged on the ground that in view of the central .....
Tag this Judgment!Court : Orissa
Reported in : AIR1986Ori210
..... magistrate, phulbani in i.c.c. no. 48 of 84 against the petitioner for the offence under section 63 of the copyright act, 1957 and under sections 78 and 79 of the trade and merchandise marks act, 1958. the opposite party filed a complaint alleging that the petitioner is trading in 'khara masala' using similar wrapper as that ..... or record, for the private and domestic use of the importer.'chapter x of the act deals with registration of copyright. section 44 contained in the said chapter provides for keeping of a register in the prescribed form at the copyright office to be called as the register of copyright. section 45 deals with the entries to be made in ..... to which a false trade mark of false trade description is applied. chapter ii of the said act deals with the register and conditions for registration and chapter iii of the act deals with procedure for registration and duration of registration. section 29 of the act defines what is an infringement of trade mark and section 31 is the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR217
..... director sri m. b. thakur and three others for offences under sections 76, 77, 78, 79 and 85 of the trade and merchandise marks act, 1958, under section 63 of the copyright act, 1957 and for certain offences under the indian penal code including section 420 i.p.c. according to the complainant, the complainant is a private limited ..... that arises for decision in the light of rival contentions urged in the case is whether the order impugned is unjust and improper liable to be reversed.12. chapter xxxiv of the code of criminal procedure deals with disposals of property. section 451 provides for custody and disposal of property pending enquiry or trial in certain cases ..... not produced before the court, still they may be required, at the conclusion of the trial, to deal with them under section 452.22. the scheme of chapter xxxiv of the criminal procedure code relating to disposal of property as appear from a close reading of the relevant provisions shows that the disposal of property may arise at .....
Tag this Judgment!Court : Mumbai
Reported in : [1987]61CompCas548(Bom)
..... was a factual cause of damage. a reference can be made in support of this aspect on 'factual causation' in dugdale and santon's 'professional negligence', chapter 28, paragraph 28.01. a reference can be usefully made in this connection to the short passage from the speech of lord reid in the case of mcwilliams ..... of skill which is usual in the profession and calling. justice mcnair in his address to the jury reported in bolam v. friern hospital management committee [1957] 2 all er 118, referred to the statement of law contained in a scottish case dealing with negligence of a medical practitioner with approval and the statement ..... ,42,522----------------------------------------------------------------------5. on february 19, 1975, the accounts were reported by defendant no. 1 to the plaintiffs as required under section 227 of the companies act and the said accounts were approved by the shareholders at the annual general meeting held on february 20, 1975. prior to this date, on december 9, 1974 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1987All32
..... to 14 refer to improper reception of votes. the points raised in these paragraphs are that the counting staff was appointed in disregard of mandate as contained in chapter xiv of hand book for returning officers and the counting did not start on the scheduled time. it has not been pleaded that what provisions of the mandate ..... of the petitioner were illegally rejected. some valid votes were improperly rejected. the respondent 1 got printed dummy ballot papers against the mandate contained in para 13 of chapter 11 of arrangement for poll of hand book of returning officers. the respondent 1 comitted corrupt practices in distributing the pamphlets with a view to create hatred against ..... that it did not disclose any cause of action, and the dismissal would be one on merits under section 98 of the act. it was held in the case of harish chandra v. triloki singh, air 1957 sc 444 that the expression 'trial' meant the entire proceedings before the tribunal from the time when the petition is transferred .....
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