Array ( [0] => ..... evidence act.17. in view of the above discussion, the legal position that emerges is where any asset or other thing is found from the possession and control of ..... produce the relevant documents, an adverse inference had to be drawn against the assessee. as the assessee could not produce any document, an adverse inference in terms of section 114 of the evidence act, 1872, had to be drawn to the effect that, had those documents been produced, they would have gone against the interest of the assessee." the hon'ble ..... principle of evidence act would apply to it proceedings. in that case, it was held that if the assessee does not explain the source of asset found from him then the presumption can be drawn that he is the owner of such asset. this legal position was applied in view of the basic principle contained in section 110 of the ..... [1] => ..... spencer case whether fabric made out of hdpe strips/yarn would be covered by the term 'textiles and textile articles' as mentioned in section xi of the schedule to the central excise tariff act. in view of this, it cannot be claimed that the judgment in the case of raj pack well was given per incuriam.learned ..... senior departmental representative has rightly mentioned that everything which is woven is not covered by section xi of the central excise tariff heading 68. ..... such mixtures or of asbestos (for example, thread, woven fabric, clothing, head gear, footwear, gaskets)". this view is further strengthened by note i (h) to section xi which provides that section xi does not cover "woven, knitted, or crocheted fabrics, felt or non-wovens, impregnated, coated, covered or laminated with plastics, or articles thereof, of chapter 8 ..... [2] => ..... laboratories ltd. (supra) the trade marked 'supaxin' and 'spoxin' were held to be deceptively similar in clause (d) of sub-section (1) of section (2) of the act and it was held that if such mark is likely to deceive or cause confusion it could not be registered. the question in that ..... pharmaceuticals ltd. (supra) as has been mentioned hereinabove. consequently, learned counsel for the appellant is right in his submission that clause (a) of section 11 of the act is attracted and the medicine 'bicillin' is likely to be confused for 'biocilin' or vise versa. consequently, this trade mark 'bicillin' could not ..... place to mention that different acts like drugs and cosmetics act, 1940, food adulteration act, trade and merchandise marks act, copyright act, designs act etc. have made numerous provisions to protect the consumers. but as is bound to happen in impending legislative explosion following globalization and numerous existing acts, different authorities act differently. such an approach ..... [3] => ..... the amount of dependency of the claimants.12. now, the question of applying appropriate multiplier is required to be considered. seeing the schedule appended to the motor vehicles act, it is apparent that the claimants should have been allowed multiplier of 11 years. it is evident that the deceased was 54 years of age and the average age ..... was awarded. the age of the deceased was 54 years and obviously ages of the claimants would be much less. according to the schedule ii of the motor vehicles act, 11 years' multiplier should have been applied.6. learned counsel appearing on behalf of the injured smt. santosh dhingra submits that awarding a sum of rs.29,000/- ..... by the driver of the state, was carrying a serious patient from muzaffar nagar, who was to be taken to aiims and under the rules of the motor vehicles act it has got preferable right of passage as compared to other vehicles. consequently, the deceased himself had contributed to the accident.4. on the other hand learned counsel ..... [4] => ..... ) drj 253, wherein it was held that the disputes, which fall within the ambit of the definition of industrial dispute as defined in section 2(r) of the act would be triable exclusively by the tribunals constituted under the act and not by the civil court. the plaintiff in the plaint is seeking enforcement of rights or obligations created under the provisions of ..... were sought.5. unfair labour practice has been defined in section 2(ra) of the industrial disputes act, 1947 (hereinafter referred to as 'the act'). section 25t in chapter vc of the act prohibits any employer, workman or trade union from committing any unfair trade practice. act of committing any unfair trade practice under section 25u of the act is punishable. matters specified in schedule ii are within ..... [5] => ..... for making the same. the element close relationship or occasion for making gift do not flow from the definition of gift as given in section 2(xii) of the gift tax act. the conditions laid down there are there should be transfer by one person to another of any existing movable or immovable property, the ..... undisclosed income from the assessees. the proposition is well established that admission made by an assessee during search operations constitute substantive evidence in view of sections 17 and 21 of the evidence act. however, such admission cannot be considered as conclusive evidence against the assessee. it has been held by the apex court in pullangode rubber ..... as indicated above concerns the scope and ambit of undisclosed income as contemplated under chapter xiv-b of the income-tax act. chapter xiv-b consisting of sections 158b to section 158bh was introduced by the finance act, 1995 with effect from 1.7.1995 to make procedure of assessment of search case more effective. the chapters is ..... [6] => ..... also did not apply appropriate multiplier in view of the fact that the age of the deceased was 35 years and according to the schedule appended to the motor vehicles act, 17 years multiplier should have been applied. the next contention of the learned counsel for the appellant is that only 9% interest has been awarded. 4. this court could not ..... [7] => ..... plead that additional payment was made towards additional responsibility of the insurance company then no such inference could be drawn in view of the provisions of section 114 of evidence act. who would be the beneficiary? the insured of course! he was required to prove payment of additional premium for enhanced liability. the insured despite ..... similar question arose as to how far the legal representatives of an injured claimant could pursue the petition in terms of section 306 of the indian succession act, 1925. section 306 of the indian succession act reads as under:-'306. demands and rights of action of or against deceased survive to and against executor or administrator.- ..... interest for the delay and this amounted to loss to the estate of the deceased and accordingly it is covered by excepted matters under section 306 of the indian succession act, 1925. thereforee, to say that the legal representatives are entitled to claim interest only on the date of death of injured/deceased may ..... [8] => ..... properly imported and utilised for intended purpose of manufacturing life saving drugs; that thus confiscation is bad in law; that penalty cannot be imposed under section 112 of the act as the goods were not available for confiscation.4. countering the arguments, shri v. valte, learned sdr, submitted that the exemption under notification ..... an accepted principles of pharmaceutical industry; that the concept of loan licence manufacturer is also recognised under the provisions of central excise act; that section 2(f) of the central excise act defines 'manufacturer' which shall include not only a person who employs a hired labour in the production or manufacture of excisable ..... jurisdiction to issue notice for recovery of differential duty".3.3 finally the learned advocate submitted that section 111 of the customs act cannot be invoked in this case as none of the stipulations in the section have been contravened as confiscation could be resorted to only to the improperly imported goods; that ..... [9] => ..... graduate teacher. since the petitioner was working in a government aided school, his contention, as raised before the central administrative tribunal was that as in terms of section 10 of the delhi school education act, there was required to be a parity in the service conditions of the employees employed in private/government aided school with those employed in government school, he ..... the principals and headmasters and the same is not applicable in the present case. even otherwise according to this circular with the coming into force of the delhi school education act and rules framed there under with effect from 31.12.1973, the service conditions of employees of aided schools were brought at par with those working in government schools. this ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Delhi - Year 2003 - Page 2 - 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 2 of about 294 results (0.237 seconds)

Jan 13 2003 (TRI)

Kay Cee Electricals Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jan-13-2003

Reported in : (2003)87ITD35(Delhi)

..... evidence act.17. in view of the above discussion, the legal position that emerges is where any asset or other thing is found from the possession and control of ..... produce the relevant documents, an adverse inference had to be drawn against the assessee. as the assessee could not produce any document, an adverse inference in terms of section 114 of the evidence act, 1872, had to be drawn to the effect that, had those documents been produced, they would have gone against the interest of the assessee." the hon'ble ..... principle of evidence act would apply to it proceedings. in that case, it was held that if the assessee does not explain the source of asset found from him then the presumption can be drawn that he is the owner of such asset. this legal position was applied in view of the basic principle contained in section 110 of the .....

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Jan 14 2003 (TRI)

Gujarat Raffia Industries Ltd. Vs. Commr. of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Jan-14-2003

Reported in : (2003)(153)ELT336TriDel

..... spencer case whether fabric made out of hdpe strips/yarn would be covered by the term 'textiles and textile articles' as mentioned in section xi of the schedule to the central excise tariff act. in view of this, it cannot be claimed that the judgment in the case of raj pack well was given per incuriam.learned ..... senior departmental representative has rightly mentioned that everything which is woven is not covered by section xi of the central excise tariff heading 68. ..... such mixtures or of asbestos (for example, thread, woven fabric, clothing, head gear, footwear, gaskets)". this view is further strengthened by note i (h) to section xi which provides that section xi does not cover "woven, knitted, or crocheted fabrics, felt or non-wovens, impregnated, coated, covered or laminated with plastics, or articles thereof, of chapter 8 .....

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Jan 15 2003 (HC)

Bio-chem Pharmaceutical Industries Vs. Astron Pharmaceuticals and Assi ...

Court : Delhi

Decided on : Jan-15-2003

Reported in : 2003IIAD(Delhi)41; 102(2003)DLT840; 2003(26)PTC200(Del); 2003(1)RAJ464; [2003]47SCL574(Delhi)

..... laboratories ltd. (supra) the trade marked 'supaxin' and 'spoxin' were held to be deceptively similar in clause (d) of sub-section (1) of section (2) of the act and it was held that if such mark is likely to deceive or cause confusion it could not be registered. the question in that ..... pharmaceuticals ltd. (supra) as has been mentioned hereinabove. consequently, learned counsel for the appellant is right in his submission that clause (a) of section 11 of the act is attracted and the medicine 'bicillin' is likely to be confused for 'biocilin' or vise versa. consequently, this trade mark 'bicillin' could not ..... place to mention that different acts like drugs and cosmetics act, 1940, food adulteration act, trade and merchandise marks act, copyright act, designs act etc. have made numerous provisions to protect the consumers. but as is bound to happen in impending legislative explosion following globalization and numerous existing acts, different authorities act differently. such an approach .....

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Jan 15 2003 (HC)

State of Uttar Pradesh (Through the Secretary Ministry of Health), Vs. ...

Court : Delhi

Decided on : Jan-15-2003

Reported in : 1(2003)ACC282; I(2003)ACC282; 2004ACJ2145; 2003IIAD(Delhi)37; 102(2003)DLT828

..... the amount of dependency of the claimants.12. now, the question of applying appropriate multiplier is required to be considered. seeing the schedule appended to the motor vehicles act, it is apparent that the claimants should have been allowed multiplier of 11 years. it is evident that the deceased was 54 years of age and the average age ..... was awarded. the age of the deceased was 54 years and obviously ages of the claimants would be much less. according to the schedule ii of the motor vehicles act, 11 years' multiplier should have been applied.6. learned counsel appearing on behalf of the injured smt. santosh dhingra submits that awarding a sum of rs.29,000/- ..... by the driver of the state, was carrying a serious patient from muzaffar nagar, who was to be taken to aiims and under the rules of the motor vehicles act it has got preferable right of passage as compared to other vehicles. consequently, the deceased himself had contributed to the accident.4. on the other hand learned counsel .....

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Jan 17 2003 (HC)

Lufthansa German Air Lines Vs. Lufthansa German Airlines Employees Uni ...

Court : Delhi

Decided on : Jan-17-2003

Reported in : 2003IAD(Delhi)709; 102(2003)DLT762; 2003(67)DRJ217; [2003(97)FLR446]; (2003)IILLJ212Del; 2003(1)SLJ208b(Delhi)

..... ) drj 253, wherein it was held that the disputes, which fall within the ambit of the definition of industrial dispute as defined in section 2(r) of the act would be triable exclusively by the tribunals constituted under the act and not by the civil court. the plaintiff in the plaint is seeking enforcement of rights or obligations created under the provisions of ..... were sought.5. unfair labour practice has been defined in section 2(ra) of the industrial disputes act, 1947 (hereinafter referred to as 'the act'). section 25t in chapter vc of the act prohibits any employer, workman or trade union from committing any unfair trade practice. act of committing any unfair trade practice under section 25u of the act is punishable. matters specified in schedule ii are within .....

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Jan 19 2003 (TRI)

Shri M.S. Aggarwal Vs. D.C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jan-19-2003

..... for making the same. the element close relationship or occasion for making gift do not flow from the definition of gift as given in section 2(xii) of the gift tax act. the conditions laid down there are there should be transfer by one person to another of any existing movable or immovable property, the ..... undisclosed income from the assessees. the proposition is well established that admission made by an assessee during search operations constitute substantive evidence in view of sections 17 and 21 of the evidence act. however, such admission cannot be considered as conclusive evidence against the assessee. it has been held by the apex court in pullangode rubber ..... as indicated above concerns the scope and ambit of undisclosed income as contemplated under chapter xiv-b of the income-tax act. chapter xiv-b consisting of sections 158b to section 158bh was introduced by the finance act, 1995 with effect from 1.7.1995 to make procedure of assessment of search case more effective. the chapters is .....

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Jan 20 2003 (HC)

Smt. Asha Gupta, W/O Late Sh. Shyam Sunder Gupta, Vs. Mr. Ramji Lal, S ...

Court : Delhi

Decided on : Jan-20-2003

Reported in : 1(2003)ACC272; I(2003)ACC272; 2004ACJ831; 2003IIAD(Delhi)1; 102(2003)DLT847; 2003(66)DRJ657

..... also did not apply appropriate multiplier in view of the fact that the age of the deceased was 35 years and according to the schedule appended to the motor vehicles act, 17 years multiplier should have been applied. the next contention of the learned counsel for the appellant is that only 9% interest has been awarded. 4. this court could not .....

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Jan 21 2003 (HC)

Smt. Munni Devi W/O Late Sh. Jagannath, Vs. New India Assurance Co. Lt ...

Court : Delhi

Decided on : Jan-21-2003

Reported in : 1(2003)ACC623; I(2003)ACC623; 2004ACJ974; 2003IIAD(Delhi)255; 103(2003)DLT464; 2003(67)DRJ301; (2003)134PLR13

..... plead that additional payment was made towards additional responsibility of the insurance company then no such inference could be drawn in view of the provisions of section 114 of evidence act. who would be the beneficiary? the insured of course! he was required to prove payment of additional premium for enhanced liability. the insured despite ..... similar question arose as to how far the legal representatives of an injured claimant could pursue the petition in terms of section 306 of the indian succession act, 1925. section 306 of the indian succession act reads as under:-'306. demands and rights of action of or against deceased survive to and against executor or administrator.- ..... interest for the delay and this amounted to loss to the estate of the deceased and accordingly it is covered by excepted matters under section 306 of the indian succession act, 1925. thereforee, to say that the legal representatives are entitled to claim interest only on the date of death of injured/deceased may .....

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Jan 21 2003 (TRI)

Panacea Biotec Ltd. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on : Jan-21-2003

Reported in : (2003)(153)ELT627TriDel

..... properly imported and utilised for intended purpose of manufacturing life saving drugs; that thus confiscation is bad in law; that penalty cannot be imposed under section 112 of the act as the goods were not available for confiscation.4. countering the arguments, shri v. valte, learned sdr, submitted that the exemption under notification ..... an accepted principles of pharmaceutical industry; that the concept of loan licence manufacturer is also recognised under the provisions of central excise act; that section 2(f) of the central excise act defines 'manufacturer' which shall include not only a person who employs a hired labour in the production or manufacture of excisable ..... jurisdiction to issue notice for recovery of differential duty".3.3 finally the learned advocate submitted that section 111 of the customs act cannot be invoked in this case as none of the stipulations in the section have been contravened as confiscation could be resorted to only to the improperly imported goods; that .....

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Jan 21 2003 (HC)

Ved Prakash Sharma Vs. Govt. of Nct of Delhi and anr.

Court : Delhi

Decided on : Jan-21-2003

Reported in : 2003IIIAD(Delhi)413; 109(2004)DLT544; 2003(68)DRJ240; 2004(2)SLJ485(Delhi)

..... graduate teacher. since the petitioner was working in a government aided school, his contention, as raised before the central administrative tribunal was that as in terms of section 10 of the delhi school education act, there was required to be a parity in the service conditions of the employees employed in private/government aided school with those employed in government school, he ..... the principals and headmasters and the same is not applicable in the present case. even otherwise according to this circular with the coming into force of the delhi school education act and rules framed there under with effect from 31.12.1973, the service conditions of employees of aided schools were brought at par with those working in government schools. this .....

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