Court : Delhi
Reported in : AIR2004Delhi326; 112(2004)DLT549
..... a writ of mandamus to compel the registrar to pass an appropriate order under section 53 and to prevent release of the cassettes from the custody of the customs authorities. the single judge of the high court allowed the petition but the division bench dismissed the same holding that there was no importation when the goods entered ..... defendant comes forward to defend his case gave the following observations:-' a person who applies for a license before starting to use the repertoire pays at the standard tariff rate. to encourage that to happen juke box licenses who do not apply in advance are normally required to pay a slightly higher royalty rate for the first ..... is entitled to royalty and not the owner of the sound recording.68. the digital performance right in the sound recordings act of 1995 brought in enormous changes on the extent of protection of sound recordings. the amendments in this law is described as an attempt to 'strike a balance'. the performance right is limited, in the present .....
Tag this Judgment!Court : Delhi
Reported in : 103(2003)DLT269; 2003(3)SLJ303(Delhi)
..... this benefit will be given more liberally to the claimant in cases occurring on active service as defined in the army/naval/air force act.'93. rule 12(e) reproduced above is as amended on 3rd february, 1992 effective from 24th august, 1992.94. rule 12(d) appears to have caused the respondents some difficulty in ..... but would require consideration regarding aggravation. for clinical description of common diseases reference shall be made to the guide to medical officers (military pensions) 1980, as amended from time to time. the classification of diseases affected by environmental factors in service is given in annexure-iii to these rules.'102. annexure-iii to the ..... whom the first appeal has to be sent should also be indicated.a similar sort of information is given in cases pertaining to the customs act, 1962 and the central excises and salt act, 1944. this procedure is working quite satisfactorily under these two statues and so we see no reason why a similar procedure cannot be .....
Tag this Judgment!Court : Delhi
Reported in : 156(2009)DLT481; [2009(121)FLR97]; (2010)ILLJ447Del
..... laws or which creates a new obligation or imposes a new burden in respect of past transactions will not be treated as retrospective. thus to apply an amending act, which creates a new obligation to pay additional compensation, or which reduces the rate of compensation to pending proceedings for determination of compensation for acquisitions already made ..... the rule may well result in virtual nullification of most of the statutes. an amending act is, therefore, not retrospective merely because it applies also to those to whom pre-amended act was applicable if the amended act has operation from the date of its amendment and not from an anterior date. but this does not mean that a statute ..... been arranged or provided for before the date of the imposition of the tax does not mean that a tax is retrospectively imposed as held in commrs. of customs and excise v. thorn electrical industries ltd. therefore, the view of the high court that clause 13- a is retrospective in effect is again incorrect.10 .....
Tag this Judgment!Court : Delhi
Reported in : (2009)IILLJ475Del
..... laws or which creates a new obligation or imposes a new burden in respect of past transactions will not be treated as retrospective. thus to apply an amending act, which creates a new obligation to pay additional compensation, or which reduces the rate of compensation to pending proceedings for determination of compensation for acquisitions already made ..... the rule may well result in virtual nullification of most of the statutes. an amending act is, therefore, not retrospective merely because it applies also to those to whom pre-amended act was applicable if the amended act has operation from the date of its amendment and not from an anterior date. but this does not mean that a statute ..... been arranged or provided for before the date of the imposition of the tax does not mean that a tax is retrospectively imposed as held in commrs. of customs and excise v. thorn electrical industries ltd. therefore, the view of the high court that clause 13-a is retrospective in effect is again incorrect.10. .....
Tag this Judgment!Court : Delhi
Reported in : [2003]259ITR344(Delhi)
..... to be worked out the provisions of section 80j as in force in the relevant assessment years should be taken into consideration having regard to the retrospective amendment of that section as well as any decision, which may be pronounced by the supreme court on this question. (v) while the assessed company is ..... thus, are also entitled to the benefit of the aforementioned provisions in relation to the intermediate product.as regard construction of section 32a of the said act, the learned counsel would submit that the same being a beneficent provision it should be construed liberally.manufacturing activity, contends the learned counsel, would not ..... why this industrial undertaking set up that was the article which this particular undertaking wasintended to manufacture or produce.'13. section 80-hh of the said act provides for deduction in respect of profits and gains from newly established industrial undertakings in backward areas subject to fulfilment of the conditions specified therein. .....
Tag this Judgment!Court : Delhi
Reported in : [2006]132CompCas113(Delhi); (2006)2CompLJ360(Del); 2006(86)DRJ6
..... exemption is granted it cannot said that still procedure should have been followed under sections 81(1), 100, 101, 102 and 103 of the act and without there being an amendment in the clause relating to authorised share in the memorandum and articles of association, it would be ultra vires. i also do not agree with ..... steps for relocation for the aforesaid purpose which means convening of meeting of the shareholders approving writing down the share capital and increasing authorised share capital by amending memorandum and articles of association, meeting of the board of directors taking such a decision and applying to the high court for reduction of the share capital ..... equity share holding in the company; mandated idbi to accept equity shares worth rs. 2300 lacs and for this purpose to enhance authorised share capital by amending the memorandum and articles of association. it is also accepted position that it may not be permissible for existing shareholders not to write down their equity share .....
Tag this Judgment!Court : Delhi
Reported in : 2004(72)DRJ244
..... to afford special protection to all the tenants or private landlords or landlords who are neither a corporation nor government or corporate bodies. even under the rent act, by virtue of an amendment a special category has been carved out under section 25b which provides for special procedure for eviction to landlords who require premises for their personal necessity. thus, section 25b ..... the forum for evicting persons in unauthorised occupation of premises which fell in section 2 of the premises act. the premises act being subsequent to the slums act, as amended in 1964, and again being a special act having a very limited sphere, must necessarily override the slums act.' 26. the second case relied upon from both the sides is ashoka marketing ltd. and anr. v .....
Tag this Judgment!Court : Delhi
Reported in : LC2007(2)42
..... the plaintiff for the us patent was initially in the same terms as filed in india but had to be amended to make a layer 1-250 microns and thus only a multi layered film was envisaged and not two-layered film ..... grade multi layer film and compliance with international limits for global migration and rvcm contents. it has been specifically stated that customized products and colours can be developed to suit specific cases. standard colour options are gold and silver. 66. in this context ..... plastic substrate. learned senior counsel thus submits that the said invention also contemplates three layers.35. a book on 'central excise tariff on india 1988-89' mentions plates, sheets, film, foil and strip of plastics metallised, lacquered or laminated.36. learned ..... the same in the pharma industry would not result in the same becoming an 'invention' as defined by the patent act.44. in this regard, learned counsel for the plaintiff contended that the invention in question was developed with the objective .....
Tag this Judgment!Court : Delhi
Reported in : 151(2008)DLT789
..... certain complaints had been filed by sebi which, at that time, attracted a punishment which could not exceed one year term of imprisonment. by an amendment of the sebi act the maximum punishment was increased to ten years imprisonment, thereby necessitating a sessions' trial. it was in this context that antulay came to be discussed ..... no one and thereforee an appeal for its maintainability must have the clear authority of law'. vijay prakash d. mehta/shri jawahar d. mehta v. collector of customs (preventive), bombay : [1989]175itr540(sc) is to the same effect and this facet of law has been articulated in these words-'right to appeal is ..... notice or knowledge; the judicial hearing of a cause; acknowledgment; confession; recognition.' it, thereforee, seems to us that the jural enquiry is the same and amendments have been introduced without keeping existing provisions in perspective. if exclusive jurisdiction is to be given to any court the words that should be employed should be unambiguous .....
Tag this Judgment!Court : Delhi
Reported in : 2010CriLJ94; 160(2009)DLT277
..... following:respect, protect and fulfill the rights of men who have sex with men and address stigma and discrimination in society and in the workplace by amending laws prohibiting sexual acts between consenting adults in private; enforcing anti-discrimination; providing legal aid services, and promoting campaigns that address homophobia. [hiv and sex between men : ..... tribes were deemed criminal by their identity, and mere belonging to one of those communities rendered the individual criminal. in 1897, this act was amended to include eunuchs. according to the amendment the local government was required to keep a register of the names and residences of all eunuchs who are 'reasonably suspected of kidnapping ..... of age and above. a person below 18 would be presumed not to be able to consent to a sexual act. this clarification will hold till, of course, parliament chooses to amend the law to effectuate the recommendation of the law commission of india in its 172nd report which we believe removes a .....
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