Array ( [0] => ..... arbitrator while construing the terms of the contract has overlooked certain germane provisions of the contract and operating conditions squarely falls within the ambit of section 34 of the act.11. now it is to be seen as to whether the named arbitrator has in fact overlooked/ignored or left out from consideration certain ..... support of his contention that the objections filed by the petitioner against the award are not tenable and fake under any of the grounds envisaged by section 34 of the act, learned counsel for the respondent-airport authority of india ltd. has heavily relied upon the supreme court decision in the case of smita conductors ltd ..... affidavit of certain shri n. jay kumar, deputy general manager (commercial) of the respondent raising preliminary objections about the maintainability of the petition under section 34 of the act, which has a limited scope; the substance of the contention raised by the petitioner being outside the purview of the agreement and cannot be raised ..... [1] => ..... on consideration of the building bye-laws, 1983, a modification was made in mpd - 2001 in exercise of the powers conferred under sub-section (2) of section 11a of the said act. in terms of this notification, additional far was made available and, thus, the group housing societies were also benefited as a consequence thereof. ..... -3-99 and in partial modification of notification dated 23rd july, 1998, the central government in exercise of the powers conferred by sub-section (2) of section 11a of delhi development act, 1957, hereby make certain modifications in mpd-2001 to the group housing norms in delhi and lay down guidelines for taking up group ..... notification issued by the ministry of urban development dated 03.06.1999 in exercise of the powers conferred under sub-section (2) of section 11a of the delhi development act, 1957 ( hereinafter to be referred to as, ' the said act') making certain modifications in mpd - 2001 for group housing norms. in terms of this notification, a levy ..... [2] => ..... appellant no. 1 was suppressed by them from the department; that the commissioner has given his findings in the impugned order for invoking the provisions of proviso to section 11a(1) of the act; that penalty is thus imposable on both the appellants.7.1. we have considered the submissions of both the sides. notification no. 175/86-c.e. ( ..... and clearance of product was known to the revenue all the time; that none of the ingredients such as suppression, wilful mis-statement, etc., mentioned in proviso to section 11a(1) of the act exists in the instant case. reliance has been placed on the decision in tata iron & steel co.ltd. v. uoi, 1987 (32) e.l.t. 676 (pat ..... (p) ltd. are bearing the brand name "anand" belonging to m/s. bec fertilisers ltd. and whether both of them are 'related persons' in terms of section 4 of the central excise act.2.1 shri l.p. asthana, learned advocate, submitted that m/s. beco chemicals (p) ltd., appellant no. 1 are a small-scale unit manufacturing plant growth ..... [3] => ..... district forum as modified be complied with within 45 days of the receipt of this order failing which the appellant would be at liberty to move an application under sections 25/27 of the act, as the appellant may be advised for the implementation of the order. the present, filed by the appellant, stands disposed of in above terms. appeal partly allowed ..... circuit and another v. mtnl. 2. briefly stated, the relevant facts are, that the appellant had filed a complaint before the district forum under section 12 of the consumer protection act, 1986 (hereinafter referred to as the act) averring therein that the complainant is partner of m/s. travel circuit an iata accredited agency and director of m/s. tumberline trekking camps pvt ..... [4] => ..... was erroneous insofar as prejudicial to the interest of the revenue. thus even on merits, the cit was not justified in assuming jurisdiction under section 263 of the act. the order under section 263 is, therefore, quashed.24. as regards the taxability of the amount received on the assignment of trade-mark, there was a consistent ..... the order passed by the ao was neither erroneous nor prejudicial to the interest of the revenue. the cit has, therefore, wrongly assumed jurisdiction under section 263 of the act and his order, therefore, deserves to be quashed. on the other hand, learned departmental representative supported the order of the cit.13. keeping in ..... ) 203 itr 108 (bom) and submitted that no error of law or facts arise out of the assessment order and, therefore, the assumption of jurisdiction under section 263 of the act was illegal.7. the cit considered the submissions of the assessee regarding payment received for assignment of the trade-mark "kwality", the cit observed as under: ..... [5] => ..... ) r.p.c. 545 (commonly known as indon case) the court observed that the prima-facie effect of registration of a trademark is laid down in section 31 of the act. section 32 makes registration of a trademark conclusive as to validity after the expiry of a period of seven years. as to what is required to be proved in ..... is equally well settled that on an application to remove a trade mark from the register the onus is on the applicant applying from rectification. by section 31 of the act registration is expressly made prima facie evidence of valid registration where a trade mark has been along registered and the validity of registration depends on the facts ..... no evidence of continuity of user or any user whatsoever during the period, the appellant adopted the said trade mark and, thereforee, the provisions of section 11(a) of the act had been wrongly applied. similarly it is contended that the assistant registrar had erred in expunging the trade mark of the registered proprietor which had been ..... [6] => ..... under the aforesaid provision and as the sugar was stored without such license, he had contravened the provisions of the licensing order read with section 3 of the essential commodities act. to the argument of the petitioner that the entire quantity of khandsari and boora should not have been confiscated as there was no guilty ..... not sitting as the court of appeal over the order of the learned additional district judge passed in exercise of his appellate jurisdiction, under the essential commodities act. it has not been shown as to how the order passed by learned additional district judge is either against the provisions of the licensing order or is ..... more than a specified quantity under the licensing order issued under the provisions of essential commodities act. the appellant had no license to store such quantity of sugar in the premises. a case under section 7 of the essential commodities act was registered and after giving show cause notice to the petitioner, the collector, food and ..... [7] => ..... and nature of construction is not as per terms and conditions.' 7.this construction has to be examined taking into consideration the definition of `building' under the said act, more particularly, sub-section (3) of section 2, which is as under :-'2. definitions.- ... ... ... ... (3) 'building' means a house, outhouse, stable, latrine, urinal, shed, hut wall (other than a boundary wall) or any other ..... the retable value determined for the tower restaurant is that though the structure is existing, it is entitled to remission and refund under section 163 of the delhi municipal corporation act, 1957 (hereinafter to be referred to as, `the said act' ), which is as under :-'163. demolition, etc., of buildings.- if any building is wholly or partly demolished or destroyed or otherwise deprived ..... [8] => ..... the consequential benefits are concerned these cases should also be treated in a manner similar where the industrial tribunal found the dismissal to be vocative of section 25(f) of the act. i am of the view that this plea cannot be accepted because of the categorical position of law laid down by the hon'ble supreme court ..... tamil nadu state transport corporation vs neethivilangan, kumbakonam 2001 (3) scale which held that upon a refusal by the industrial tribunal of an application under section 33(2)(b) of the act, the employer is bound to treat the employee as continuing in service and give him all consequential benefits and if such benefits are not granted, the ..... the petitioners have not been given consequential benefits of arrears and employment with the respondent in spite of the rejection of the approval application moved under section 33(2)(b) of the act by the respondent/dtc. the rejection of the approval has not been challenged by the dtc and has become final.4. ms. rasmeet charya, ..... [9] => ..... the area occupied or owned by individual owner or occupier as the case may be. (2) the expenditure incurred by chief fire officer as referred to in section 7(2) of the act shall be recoverable from the occupier irrespective of the fact whether he is the owner of the premises or not unless the owner, in those cases where ..... in it and direct the owner or occupier to undertake measures for rectifying the said inadequacy within such period as he may consider just and reasonable.' 2.section 16 of the said act empowered the administrator to make rules by notification in the official gazette and in exercise of such power, the rules were framed and published. 3.rule 8 ..... any land or building; (iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building;' 1.section 6 of the said act provides for notice to the owner or occupier of the building or premises to take remedial measures regarding fire prevention and is as under :- ' 6. provision regarding ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Delhi - Year 2003 - Page 11 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: delhi Year: 2003 Page 11 of about 294 results (0.226 seconds)

May 06 2003 (HC)

Shri Hans Enterprises Vs. Airports Authority of India

Court : Delhi

Decided on : May-06-2003

Reported in : 2003IVAD(Delhi)654; 2003(2)ARBLR336(Delhi); 105(2003)DLT226; 2003(3)RAJ23

..... arbitrator while construing the terms of the contract has overlooked certain germane provisions of the contract and operating conditions squarely falls within the ambit of section 34 of the act.11. now it is to be seen as to whether the named arbitrator has in fact overlooked/ignored or left out from consideration certain ..... support of his contention that the objections filed by the petitioner against the award are not tenable and fake under any of the grounds envisaged by section 34 of the act, learned counsel for the respondent-airport authority of india ltd. has heavily relied upon the supreme court decision in the case of smita conductors ltd ..... affidavit of certain shri n. jay kumar, deputy general manager (commercial) of the respondent raising preliminary objections about the maintainability of the petition under section 34 of the act, which has a limited scope; the substance of the contention raised by the petitioner being outside the purview of the agreement and cannot be raised .....

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May 07 2003 (HC)

Navnirman Co-operative Group Housing Society Ltd. Vs. Union of India ( ...

Court : Delhi

Decided on : May-07-2003

Reported in : 2003IVAD(Delhi)101; 105(2003)DLT169; 2003(70)DRJ384

..... on consideration of the building bye-laws, 1983, a modification was made in mpd - 2001 in exercise of the powers conferred under sub-section (2) of section 11a of the said act. in terms of this notification, additional far was made available and, thus, the group housing societies were also benefited as a consequence thereof. ..... -3-99 and in partial modification of notification dated 23rd july, 1998, the central government in exercise of the powers conferred by sub-section (2) of section 11a of delhi development act, 1957, hereby make certain modifications in mpd-2001 to the group housing norms in delhi and lay down guidelines for taking up group ..... notification issued by the ministry of urban development dated 03.06.1999 in exercise of the powers conferred under sub-section (2) of section 11a of the delhi development act, 1957 ( hereinafter to be referred to as, ' the said act') making certain modifications in mpd - 2001 for group housing norms. in terms of this notification, a levy .....

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May 07 2003 (TRI)

Beco Chemicals (P) Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : May-07-2003

Reported in : (2003)(90)ECC117

..... appellant no. 1 was suppressed by them from the department; that the commissioner has given his findings in the impugned order for invoking the provisions of proviso to section 11a(1) of the act; that penalty is thus imposable on both the appellants.7.1. we have considered the submissions of both the sides. notification no. 175/86-c.e. ( ..... and clearance of product was known to the revenue all the time; that none of the ingredients such as suppression, wilful mis-statement, etc., mentioned in proviso to section 11a(1) of the act exists in the instant case. reliance has been placed on the decision in tata iron & steel co.ltd. v. uoi, 1987 (32) e.l.t. 676 (pat ..... (p) ltd. are bearing the brand name "anand" belonging to m/s. bec fertilisers ltd. and whether both of them are 'related persons' in terms of section 4 of the central excise act.2.1 shri l.p. asthana, learned advocate, submitted that m/s. beco chemicals (p) ltd., appellant no. 1 are a small-scale unit manufacturing plant growth .....

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May 07 2003 (TRI)

Travel Circuit Vs. Mahanagar Telephone Nigam Ltd.

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Decided on : May-07-2003

..... district forum as modified be complied with within 45 days of the receipt of this order failing which the appellant would be at liberty to move an application under sections 25/27 of the act, as the appellant may be advised for the implementation of the order. the present, filed by the appellant, stands disposed of in above terms. appeal partly allowed ..... circuit and another v. mtnl. 2. briefly stated, the relevant facts are, that the appellant had filed a complaint before the district forum under section 12 of the consumer protection act, 1986 (hereinafter referred to as the act) averring therein that the complainant is partner of m/s. travel circuit an iata accredited agency and director of m/s. tumberline trekking camps pvt .....

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May 07 2003 (TRI)

Sunil Lamba Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : May-07-2003

Reported in : (2004)83TTJ(Delhi)174

..... was erroneous insofar as prejudicial to the interest of the revenue. thus even on merits, the cit was not justified in assuming jurisdiction under section 263 of the act. the order under section 263 is, therefore, quashed.24. as regards the taxability of the amount received on the assignment of trade-mark, there was a consistent ..... the order passed by the ao was neither erroneous nor prejudicial to the interest of the revenue. the cit has, therefore, wrongly assumed jurisdiction under section 263 of the act and his order, therefore, deserves to be quashed. on the other hand, learned departmental representative supported the order of the cit.13. keeping in ..... ) 203 itr 108 (bom) and submitted that no error of law or facts arise out of the assessment order and, therefore, the assumption of jurisdiction under section 263 of the act was illegal.7. the cit considered the submissions of the assessee regarding payment received for assignment of the trade-mark "kwality", the cit observed as under: .....

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May 08 2003 (HC)

Jabbar Ahmed Vs. Prince Industries and anr.

Court : Delhi

Decided on : May-08-2003

Reported in : 2003(26)PTC576(Del)

..... ) r.p.c. 545 (commonly known as indon case) the court observed that the prima-facie effect of registration of a trademark is laid down in section 31 of the act. section 32 makes registration of a trademark conclusive as to validity after the expiry of a period of seven years. as to what is required to be proved in ..... is equally well settled that on an application to remove a trade mark from the register the onus is on the applicant applying from rectification. by section 31 of the act registration is expressly made prima facie evidence of valid registration where a trade mark has been along registered and the validity of registration depends on the facts ..... no evidence of continuity of user or any user whatsoever during the period, the appellant adopted the said trade mark and, thereforee, the provisions of section 11(a) of the act had been wrongly applied. similarly it is contended that the assistant registrar had erred in expunging the trade mark of the registered proprietor which had been .....

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May 08 2003 (HC)

Amir Chand Kesar Chand and ors. Vs. L.D. Gupta, Collector and ors.

Court : Delhi

Decided on : May-08-2003

Reported in : 2003VAD(Delhi)152; 105(2003)DLT217

..... under the aforesaid provision and as the sugar was stored without such license, he had contravened the provisions of the licensing order read with section 3 of the essential commodities act. to the argument of the petitioner that the entire quantity of khandsari and boora should not have been confiscated as there was no guilty ..... not sitting as the court of appeal over the order of the learned additional district judge passed in exercise of his appellate jurisdiction, under the essential commodities act. it has not been shown as to how the order passed by learned additional district judge is either against the provisions of the licensing order or is ..... more than a specified quantity under the licensing order issued under the provisions of essential commodities act. the appellant had no license to store such quantity of sugar in the premises. a case under section 7 of the essential commodities act was registered and after giving show cause notice to the petitioner, the collector, food and .....

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May 09 2003 (HC)

Mahesh Kapoor and anr. Vs. Municipal Corporation of Delhi

Court : Delhi

Decided on : May-09-2003

Reported in : 2003IVAD(Delhi)353; 105(2003)DLT77; 2003(70)DRJ332

..... and nature of construction is not as per terms and conditions.' 7.this construction has to be examined taking into consideration the definition of `building' under the said act, more particularly, sub-section (3) of section 2, which is as under :-'2. definitions.- ... ... ... ... (3) 'building' means a house, outhouse, stable, latrine, urinal, shed, hut wall (other than a boundary wall) or any other ..... the retable value determined for the tower restaurant is that though the structure is existing, it is entitled to remission and refund under section 163 of the delhi municipal corporation act, 1957 (hereinafter to be referred to as, `the said act' ), which is as under :-'163. demolition, etc., of buildings.- if any building is wholly or partly demolished or destroyed or otherwise deprived .....

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May 12 2003 (HC)

Shri Roshan Singh, Vs. Delhi Transport Corporation and anr.

Court : Delhi

Decided on : May-12-2003

Reported in : 2003IVAD(Delhi)357; 105(2003)DLT110; 2003(70)DRJ229; 2004(1)SLJ62(Delhi)

..... the consequential benefits are concerned these cases should also be treated in a manner similar where the industrial tribunal found the dismissal to be vocative of section 25(f) of the act. i am of the view that this plea cannot be accepted because of the categorical position of law laid down by the hon'ble supreme court ..... tamil nadu state transport corporation vs neethivilangan, kumbakonam 2001 (3) scale which held that upon a refusal by the industrial tribunal of an application under section 33(2)(b) of the act, the employer is bound to treat the employee as continuing in service and give him all consequential benefits and if such benefits are not granted, the ..... the petitioners have not been given consequential benefits of arrears and employment with the respondent in spite of the rejection of the approval application moved under section 33(2)(b) of the act by the respondent/dtc. the rejection of the approval has not been challenged by the dtc and has become final.4. ms. rasmeet charya, .....

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May 13 2003 (HC)

The Indian Coffee Workers Cooperative Society Ltd. Vs. the New Delhi M ...

Court : Delhi

Decided on : May-13-2003

Reported in : 2003IVAD(Delhi)349; 105(2003)DLT89; 2003(69)DRJ441; 2003(2)JCC1156

..... the area occupied or owned by individual owner or occupier as the case may be. (2) the expenditure incurred by chief fire officer as referred to in section 7(2) of the act shall be recoverable from the occupier irrespective of the fact whether he is the owner of the premises or not unless the owner, in those cases where ..... in it and direct the owner or occupier to undertake measures for rectifying the said inadequacy within such period as he may consider just and reasonable.' 2.section 16 of the said act empowered the administrator to make rules by notification in the official gazette and in exercise of such power, the rules were framed and published. 3.rule 8 ..... any land or building; (iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building;' 1.section 6 of the said act provides for notice to the owner or occupier of the building or premises to take remedial measures regarding fire prevention and is as under :- ' 6. provision regarding .....

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