Court : Delhi
Decided on : Oct-31-2006
Reported in : LC2007(1)28; 2006(33)PTC574(Del)
..... are being violated within the jurisdiction of this hon'ble court. this hon'ble court further has the jurisdiction within the meaning of section 134 of the trade marks act & section 62(2) of the copyright act.6. in reply to paragraph 32 of the plaint, the defendants in paragraph 32 of the written statement have averred that this ..... 10 is concerned, assuming that whatever is stated in the plaint is correct that the plaintiff is selling goods in delhi, section 62(2) of the copyright act, 1957 and section 134(2) of the trade marks act, 1999 would be attracted and it must be assumed that the plaintiff is carrying on business in delhi.22. for all ..... provided no such additional forum, by subsequent amendment the provisions of sub-section (2) of section 134 of the trade marks act, 1999 were brought in pari materia with the provisions of sub-section (2) of section 62 of the copyright act, 1957. sub-section (2) of section 134 of the trade mark act, 1999 is in the following terms:(2) for the purpose of .....
Tag this Judgment!Court : Delhi
Decided on : Oct-11-2006
Reported in : (2007)207CTR(Del)119; [2007]293ITR163(Delhi)
..... mistake apparent from the record in respect of its earlier order dated 12.7.2002 warranting the exercise by the itat of its power of rectification under section 254(2) of the act, we do not consider it necessary to discuss in detail the cases cited by the counsel for the assessed. we may nevertheless refer to the decision ..... , to that extent, there is a mistake apparent on record. not adjudicating upon a particular ground, though raised in the appeal, constitutes a rectifiable mistake under section 254(2) of the act and hence we recall the order of the tribunal dated 12.7.2002 for the limited purpose of adjudicating upon this particular ground i.e. ground no. 7 ..... of warehousing charges paid to m/s pradeep oil corporation. the ao negatived the plea of the assessed that these were contractual payments warranting tds in terms of section 194-c of the act at 2 per cent. the ao held that 'the composite arrangement is in essence an arrangement for taking the premises on rent. hence, the payment is .....
Tag this Judgment!Court : Delhi
Decided on : Nov-29-2006
Reported in : 137(2007)DLT631; (2007)IILLJ744Del
..... the members of the same family. thereforee, they are two independent companies. both cannot be clubbed together for the purpose of levying contribution under section 7a of the act. we have gone through the reasoning given by the high court. we find that the high court is wholly unjustified in reaching the above conclusion ..... the tribunal allowed the appeal of the respondents and set aside the order dated 7th october, 1999 passed under section 7a of the employees' provident funds and miscellaneous provisions act, 1952( hereinafter referred to as 'the act').2. briefly the facts are that an inspection of the premises of the respondents was conducted by the members ..... the appellant has called upon them to contribute the amount under section 7a of the employees' provident funds and miscellaneous provision act, 1952 (for short 'the act') holding that the above two concerns are establishments within the meaning of section 1(3)(a) of the act. the division bench in the impugned order had held that that .....
Tag this Judgment!Court : Delhi
Decided on : Feb-22-2006
Reported in : III(2006)BC482; 129(2006)DLT94; 2006(87)DRJ761
..... the dates in the cheque. if this were to be the case then the cheques would become void by virtue of the provisions of section 87 of the negotiable instruments act, 1881.12. the learned counsel for the plaintiff stated that the defense that is being sought to be raised by the defendant is clearly ..... air1966ap267 ).11. this clearly indicates that the insertion of a date where there was no date amounts to a material alteration, as contemplated under section 87 of the negotiable instruments act, 1881. the only question that remains to be seen in this case is whether this material alteration was with the consent of the defendant and ..... there is any material alteration in any negotiable instrument then such an alteration, by virtue of the provisions of section 87 of the negotiable instruments act, would render such an instrument void. section 87 of the negotiable instruments act, 1881 reads as under:87. effect of material alteration.- any material alteration of a negotiable instrument renders the .....
Tag this Judgment!Court : Delhi
Decided on : May-08-2006
Reported in : 130(2006)DLT330; 2006(32)PTC609(Del)
..... , a partner in the firm.52. learned counsel, once again, emphasized the obligation of the plaintiff of confidentiality towards his clients under section 126 of the evidence act. in order to determine as to whose obligations it was of confidentiality learned counsel emphasized that it may be possible that while preparing the ..... contributing towards the infrastructure, the natural consequence of the same would have been a division of such infrastructure.16. insofar as provisions of section 126 of the evidence act are concerned learned counsel emphasized the fact that the contract for rendering professional services was between the plaintiff and his clients and if the ..... to be duty bound to maintain the confidentiality of its clients and the defendants are stated to be in breach of their implicit legal obligation. section 126 of the evidence act reads as under: professional communications. - no barrister, attorney, pleader or vakil shall at any time be permitted, unless with his client's .....
Tag this Judgment!Court : Delhi
Decided on : May-25-2006
Reported in : 130(2006)DLT260
..... dutt pandey v. ranjeet tiwari : air1997sc1571 ). viewed from this perspective, the issuance of the impugned letter cannot be traced to the power under section 57.53. the act was brought into force by a notification dated 8.3.2001. however, it merely outlined the scheme of unbundling. the actual statutory steps to effectuate ..... rights, deeds, schemes, bonds, agreements and other instruments of whatever nature relating to the respective undertaking and assets and liabilities transferred to it. section 15 of the act specifically provided that after the coming into effect of the transfer scheme all debts and obligations incurred ,all contracts entered into, and all matters with ..... of the existing statutory board i.e., delhi vidyut board (hereafter referred to as 'dvb') could be transferred to the companies established under section 14.3. the act came into force on 3.11.2000. soon thereafter the government of nct constituted or incorporated separate companies; one was for the purpose of .....
Tag this Judgment!Court : Delhi
Decided on : Jul-17-2006
Reported in : 2007CriLJ214; 131(2006)DLT581; 2006(90)DRJ299; 2007(3)SLJ475(Delhi)
..... and vest in the central government from the appointed day. the appointed day being 21.1.1984. similar is the purport of the provisions of section 5.4. section 12(1) of the said act also clearly indicates that every person who has been, immediately before the appointed day, i.e. before 28.1.1984, employed by the company ..... the said units. he was admittedly, employed at calcutta which is not specified in section 2(e) of the said act. thereforee, it cannot be construed that he became an employee of the central government. the impugned order is clearly erroneous. the petitioner cannot be considered ..... only those employees of ganesh flour mills co. ltd. who were employed in connection with the specified units collectively known as ganesh flour mills described in section 2(e) of the said act who became employees of the central government. the present petitioner was employed by ganesh flour mills co. ltd. but not in connection with any of .....
Tag this Judgment!Court : Delhi
Decided on : Aug-11-2006
Reported in : [2007(112)FLR824]
..... filed an amended statement of claim before the learned alc, central. learned alc had not passed an order on the petitioners' application under section 33 of the industrial disputes act but verbally told the respondent management not to disturb the services of the petitioners so long the matter is pending before him and matter ..... no. 3, a contractor. they were ex-servicemen engaged for different periods and all the claimants fell within the definition of workmen under section 2(s) of the industrial disputes act. the petitioners were working under the direct control and supervision of m/s petronet lng limited and contract given to respondent no. 3 ..... petronet lng limited and the petitioners. the work performed by the petitioners was of permanent and perennial nature and all the requirements of section 10 of the contract labour (regulation and abolition) act 1970 were satisfied. the management, thus, ought not have engaged the petitioners through respondent no. 3 as the same amounts to unfair .....
Tag this Judgment!Court : Delhi
Decided on : Sep-04-2006
Reported in : 134(2006)DLT212
..... arbitrator or the arbitral tribunal during the course of the arbitration proceedings and the parties could approach the court only in terms of section 37 of the act or in terms of section 34 of the act.(vii) since an order passed by the chief justice of the high court or by the designated judge of that court is a ..... justice of the judge designated would be entitled to seek the opinion of an institution in the matter of nominating an arbitrator qualified in terms of section 11(8) of the act if the need arises but the order appointing the arbitrator could only be that of the chief justice or the judge designate.(v) designation of a ..... the parties all throughout the period when construction was being carried out. this question is, thereforee, left to be definitivelydecided by the arbitrator as envisaged in section 16 of the act. even though similar objection as to the non-existence of an arbitration clause had been raised in rodemadan india limited v. international trade expo centre limited 2006 .....
Tag this Judgment!Court : Delhi
Decided on : Aug-24-2006
Reported in : 132(2006)DLT571
..... haryana roadways v. rudhan singh : (2005)iiillj4sc .6. in order to appreciate this contention we may first examine the relevant provisions of the id act. section 2(oo)(bb) of the id act reads as under:[(oo) 'retrenchment' means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a ..... fact, he worked continuously for three years from 30.8.1990 to 13.9.1993. (b) his services were terminated without notice, in violation of section 25-f of the act. 5. mr. ahmed, the learned counsel for the appellants submitted that the respondent workman was engaged on a work order basis for short periods of two ..... government industrial tribunal (`tribunal') holding that the termination of the services of the respondent was illegal as it was done without complying with section 25-f of the industrial disputes act, 1947 ('i.d. act'). the tribunal had recorded the following findings:from the evidence on record, i find that the workman worked continuously w.e.f. .....
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