Court : Kolkata
Reported in : (2000)2CALLT570(HC),[2001(88)FLR187]
..... started their work as a partnership firm in the year 1984 but in due course of time the said firm was converted into a private limited company having been incorporated under the provisions of the companies' act after the firm was merged into a private limited company, all the characteristics of the partnership firm in existence, got merged into private limited company. ..... if a person satisfies the definition of the term 'employee' as found in section 2 sub-section (9) of the employees' state insurance act, 1948 and he is paid remuneration for discharging the extra work assigned to him for earning such remuneration it cannot be said that it would not be 'wages'.' ..... engineering private limited where it has been held as follows :'a conjoint of section 2(9) and section 2(22) of the employees' state insurance act clearly indicates that the managing director was entrusted with the work of managing director on remuneration of rs. ..... it has been held in the aforesaid judgment that once the pf commissioner under section 7(a) of the act decided that a person was an employee, there is no further scope for this court by exercise of writ jurisdiction to give a contrary findings which is as follows ..... regional provident fund commission reported in 1995(11) chn page 457. ..... by the respondents that although a partnership firm was constituted from 1st april, 1984 till 31st march, 1996 but subsequently it was registered as a private limited company and continued its operation till date from 1995. ..... of 1995.3. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1998)8SCC477
..... --(1) where any person has occupied any government premises in violation of any of the provisions of this act, he shall be liable to pay as compensation such amount, not exceeding the market rental value of the premises assessed in the prescribed manner, as the competent authority may, by order, determine after giving such person an opportunity of being ..... he was asked to pay penal rent for the period he was occupying the flat in calcutta allegedly in violation of the west bengal government premises (regulation of occupancy) act, 1984 (the act). ..... we are of the view that the high court was not justified in quashing the demand on the ground that the government did not charge penal rent from other officers who were similarly situated. ..... in the face of the mandatory provisions of the act, the government have no option in the matter. ..... we direct the state of west bengal and all officers concerned who have to deal with the cases falling under the act to comply with the provisions of the act meticulously and strictly. ..... the respondent shall pay the amount determined by the authorities under the act within one month thereafter. ..... in the absence of any power to relax under the act, the government is 'bound to follow the provisions contained in the act. ..... it is the case of the appellant that sultan singh continued to occupy the flat in calcutta till 28-6-1995. ..... we give liberty to sultan singh to make a representation before the authorities concerned under the act. .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
..... broadcasting and cable services have also been brought within the adjudicatory jurisdiction of the tribunal though it is maintained on behalf of the petitioner that the phrase service provider as defined under section 2 (i) of 1997 act, means the government as a service provider and includes a licensee only and a multi system operator apparently does not fall within the same. 9. ..... relating to broadcasting of a channel is governed by cable television network (regulation) act, 1995 and the telecom regulatory authority of india act, 1997. ..... appropriate to dispose of this writ petition at this stage with liberty to the petitioner to approach the appellate tribunal constituted under section 14 of the 1997 act, within a period of two weeks from the date of receiving a certified copy of this order. ..... yet again, in pollock and mullas indian contract and specific relief acts, at page 1260, it is stated :- if a contract contains a provision that one of the parties thereto may determine the contract by notice at the option of one of the parties or either of the parties, and may be made exercisable ..... came to be considered by the delhi high court in msm discovery pvt. ..... question preferred a letters patent appeal before the division bench of the delhi high court marked as lpa no. ..... reported in 65 (1997) delhi law times page 166, ..... delhi ..... held that keeping in view the provisions contained in section 14 (1) (a) and section 41 (e) of the specific relief act, 1963, no injunction can be granted. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... in view of the above we set aside the order of the registrar and remand the application to the registrar with the direction that tm-13 application should be considered afresh under the provisions of section 25(3) of the trade marks act, 1999 read with rule 64(1) of the trade marks rules, 2002 . ..... this appeal is against the order passed by the assistant registrar of trade marks, new delhi in relation to the tm-13 of the appellant. ..... he submitted that section 25(3) of the trade marks act, 1999 read with rule 64(1) of the trade marks rules, 2002 creates a mandate against the registrar of trade marks to notify the registered proprietor in writing in form o-3 of the approaching expiration of the registered trade mark at the ..... it somehow could not get the trade mark renewed after 1995 and made an application in tm-13 on 8.9.2004. ..... the appeal was taken up for consideration in the sitting of the board held at delhi on 28.1.2005. ..... (circuit sitting at delhi) honble dr. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... in view of the above we set aside the order of the registrar and remand the application to the registrar with the direction that tm-13 application should be considered afresh under the provisions of section 25(3) of the trade marks act, 1999 read with rule 64(1) of the trade marks rules, 2002 . ..... this appeal is against the order passed by the assistant registrar of trade marks, new delhi in relation to the tm-13 of the appellant. ..... he submitted that section 25(3) of the trade marks act, 1999 read with rule 64(1) of the trade marks rules, 2002 creates a mandate against the registrar of trade marks to notify the registered proprietor in writing in form o-3 of the approaching expiration of the registered trade mark at the ..... it some how could not get the trade mark renewed after 1995 and made an application in tm-13 on 8.9.2004. ..... (circuit sitting at delhi) honble dr.raghbir singh, vice-chairman: this will dispose of oa no.117/04 and m.p.no.128/04 filed by the appellant. ..... the appeal was taken up for consideration in the sitting of the board held at delhi on 28.1.2005. .....
Tag this Judgment!Court : Intellectual Property Appellate Board IPAB
..... (viii) that the entry made in the register is without sufficient cause; (ix) that the entry in the name of the respondent is wrongly remaining on the register; (x) that the registration is in contravention of the provisions of sections 9, 11(a), 11(e), 12 (1) and 18 of the act; (xi) that in the interest of justice, equity and good conscience and for purity of the register, the impugned trade mark may be removed form the records of the register. 21. ..... the respondents have gained knowledge as regards the alleged registration of the applicants on 24.11.1995 when the respondent had received the examination report for the present registered trade mark. ..... the respondent fully knowing the proprietorship of the trade mark force of the applicant filed rectification application before the high court of delhi bearing number c.o.no.10/1998 against the said registered trade mark no. ..... 1783/1999 for infringement and passing-of before the honble high court of delhi and the same is still pending adjudication. ..... m/s hi-design creations; air 1978 delhi 250 century traders vs roshan lal duggar and ..... patel vs chetanbhat shah and anr; 1981 ptc 46 ellora industries, delhi vs banarsi dass and ors. ..... (circuit bench sitting at delhi) order (no.256/2010) ..... ;1991 (1) delhi lawyer 125 m/s hidesign ..... matter came up at the circuit bench sitting at delhi on 07.07.2010. ..... , delhi and submitted that the respondents business was restricted to agra only and they were selling only in whole sale on specific orders without any brand .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(2)ALD213
..... therefore, i am of the opinion that the suit filed by the plaintiff is not maintainable and the provisions of the wakf act, 1995 have no application to the suit filed prior to the wakf act, 1995 came into force and further that section 107 of the wakf act, 1995 has no application but section 66(g) of the wakf act, 1954 only applies to the instant case for seeking possession of immovable property or for possession of any interest in such property. ..... for removal of obstruction and delivery of the rooms to the 'trust board and they have taken symbolical possession of the rooms in the choultry and they have issued notice to the tenants to pay rents by they have not paid rents.in the cross-examination he stated that the trust board did not have any record showing the management of the plaintiff choultry and he could not say if the trust board took possession ..... petitions filed r.c.cs against the district wakf committee and the defendants 1 to 4 and 6 and 7 seeking permission to deposit the rents into the court until ownership of the said building is established and the landlords filed r.c.cs against the residents/tenants of the shop rooms of the schedule property on the grounds of wilful default in payment of rents, sub-let, denial of title of the landlords and that the schedule premises is bona fidely required for the .....
Tag this Judgment!Court : Delhi
Reported in : 2001VIAD(Delhi)525; 92(2001)DLT346
..... 3500/- per month but had contended that since the amendment introduced in 1988 to the delhi rent control act, 1958 (hereinafter referred to as 'the act') was not retrospective, the tenant was still protected from eviction by the delhi rent control act. ..... during the pendency of this application an amendment akin to that in the delhi rent control act was passed; the only material difference is that in andhra pradesh the relevant rent is rs. ..... bhatia's case (supra) which was in the context of the 1988 amendment to the delhi rent control act. ..... these rights and remedies continue to govern their relationship unless they are regulated by such protective legislation as the present act in which case the said rights and remedies remain suspended till the protective legislation continues in operation. ..... even if the amendment is only prospective, the tenant's right for fixation of standard rent has been extinguished from the statute.dismissed c.m. ..... the argument on behalf of the tenant specifically was that had acquired a vested right in praying for the fixation of fair rent which could not be extinguished by the subsequent amendment. ..... the protection given to the tenant by the rent legislation came into operation after the expiry of the period of ten years. ..... uoi and others : (1995)1scc104 as well as parripati chandrasekharrao and sons vs . ..... alapati jalaiah : [1995]3scr817 . mr. ..... alapati jalaiah, : [1995]3scr817 .'2. ..... : [1995]213itr340(sc) . o.p. .....
Tag this Judgment!Court : Delhi
Reported in : 142(2007)DLT173
..... petitioner claims that the respondent failed to disclose this information in response to a notices issued to him under section 77 of the new delhi municipal council act 1994 ('ndmc act') for the assessment years 1998-99 and also 1999-2000. ..... merely because the respondent did not indicate that the rent for the purpose was received from 1995 onwards, cannot be said to amount to a suppression of ..... behalf of the respondent it is contended that it was only in august 2000 that the ndmc adopted a policy of charging rateable value on the basis of the rent collected for letting out space for installation of antennas on the rooftops of houses. ..... judgment the learned adj allowed the appeal filed by the respondent herein against an assessment order dated 5.8.2004 passed by the assessing officer re-fixing the rateable value in respect of the property at 9, jor bagh, delhi retrospectively from 1.6.1995 at rs. ..... 2000 the petitioner was issued a letter which stated that it had been noticed that a cellular antenna had been installed on the rooftop of the house and the respondent was asked to intimate the monthly rent being charged from the company. ..... the facts of the present cases admittedly it was only in august 2000 that the ndmc adopted a policy of revising the rateable value of buildings where antennas are installed on rooftops on the basis of the rent received for that purpose. ..... the self-assessment form filed on 31.10.2000 the respondent indicated that the tenant from 1.6.1995 was bharti cellular ltd. .....
Tag this Judgment!Court : Delhi
Reported in : 1998VAD(Delhi)405; 74(1998)DLT555; 1998(46)DRJ536
..... the tribunal noted that the additional rent controller has acted only on the alleged service of the tenant effected by publication in the national herald on 25th september, 1993 but did not notice that the citation published in the newspaper did not mention that the landlord had filed an eviction case under clause (e) of the proviso to section 14(1) of the delhi rent control act, 1958 (hereinafter referred to as the act) nor there was any mention of the provisions ..... the learned judge allowed the appeal of the respondent/tenant and set aside the order dated 28th january, 1995 passed by the additional rent controller, delhi by which the application of the respondent under the provisions of order 9 rule 13 of the code of civil procedure was dismissed as well as the order of eviction passed on 4th november, ..... taking into consideration the facts and circumstances of the present case, the additional rent controller shall now proceed with the matter and dispose of the same as expeditiously as possible and within a period of eight months from ..... as recorded by the learned judge and the learned counsel for the petitioner does not seriously contest the same, but prays that in view of the time which has elapsed, the additional rent controller may decide the application of the respondent tenant expeditiously.3. ..... petition is directed against the order dated 6th may, 1997 passed by the rent control tribunal, delhi. ..... are directed to appear before the additional rent controller on 5th august, 1998. .....
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