Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: delhi Year: 2003 Page 21 of about 294 results (0.198 seconds)

Vishal Exports Overseas Limited Vs. C.C.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)LC939Tri(Delhi)

..... price declared at us $ 3.40 was held to be a misdeclaration. accordingly, the goods were held as liable to confiscation and the appellant liable to penalty under section 114 of the customs act. since bulk of the goods had already been exported, the order confiscated 66 coffee mugs which had been retained as representative samples. the order also imposed a penalty .....

Anz Grindlays Bank Vs. Dy. Commissioner of Income-tax,

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)88ITD53(Delhi)

..... inclusion is only for the purpose of clarification or dispelling the doubts. for example, let us take the meaning of word 'transfer' in definition clause (47) of section 2 of income-tax act. on one hand, it includes 'sale' and on the other hand, it includes compulsory acquisition. there is not doubt that the natural and plain meaning of ..... governed by scra. it was also argued by him that units, securities or shares are different items as is clear from the provisions of section 115ad, 115ac and 115ab of income-tax act which deal with computation of income separately in respect of these items.she relied on the judgment of supreme court in the case of appollo ..... considered is whether the units of uti and government securities would fall within the ambit of the word 'commodity' appearing in section 43(5) of income-tax act. this word has neither been defined in the income-tax act or any other enactment. in the absence of any definition clause, the cardinal rule of interpretation is that any word .....

Pepsi Co., Inc. and ors. Vs. Hindustan Coca Cola Ltd. and anr.

Court : Delhi

Reported in : 2003(27)PTC305(Del)

..... copy of the advertisement of the appellant, thereforee, the provisions of section 14 of the act are not applicable to the facts of this case.35. we were shown the commercial of roller coaster during the proceedings by both parties. ..... called competitive advertisement. the loss which appellant will suffer cannot be adequately compensated by money.34. countering these arguments mr. iqbal chhagla contended that section 14 of the act envisages that copying of the cinematographic film must be identical in all respects and since the roller coaster commercial of the respondents is not a ..... part of the original, the charge of plagiarismmust stand proved...'32. mr. kapil sibal contended that the respondents are misconstruing the provisions of section 14 of the copyright act to justify their conduct. they cannot be allowed to take shelter to justify their unjustifiable conduct. to support his contentions he placed reliance on .....

Delhi Transport Corporation Vs. Smt. Geeta Kakkar and ors.

Court : Delhi

Reported in : I(2004)ACC478; 2005ACJ1977; 2003VIAD(Delhi)362; 2003(71)DRJ4

S.K.Mahajan, J. 1. Since both these appeals arise out of the same award passed by the Motor Accident Claims Tribunal, they have been disposed of by this common order. A few facts relevant in deciding these appeals are: On 30.6.1982 when the deceased was going on his two-wheeler scooter near the Khyber Pass at about 9:15 p.m. he was hit from behind by a DTC bus which fled away from the scene after hitting the deceased. As a result of the accident, the deceased received injuries, which proved to be fatal. One Mr. Anil Mittal who was stated to be going behind the deceased on his motorcycle having witnessed the accident made a report about the same to the police and after investigation an FIR was registered. The driver of the DTC bus was arrested and the case, I am informed, is pending against the driver of the bus for his having caused death by rash and negligent driving. The appellants who are the wife and children of the deceased filed an application before the Motor Accident Claims Tri...

Jay YuhshIn Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(90)ECC308

..... order relating to this issue, before the issue of show cause notice. the ld. counsel therefore, pleads that there is no case of imposition of any penalty under section 11ac of the act in this case relating to this portion of the duty demand.20. we have carefully considered the arguments advanced by the ld.counsel. it is true that the ..... 8479.90.18. the learned counsel has also pleaded that there is no suppression etc. to warrant issue of demand by invoking larger period of limitation contained in section 11a of the act. keeping in mind the fact that we have over-ruled the classification under heading no. 84.15 it is not necessary to examine the aspect of limitation since ..... differential duty of rs. 1,99,60,142 for the period from 1994-95 to 1997-98. the notice invoked the extended period of limitation under proviso to section 11a of the act by alleging suppression of facts on the part of the applicants.4. the notice also sought to include the cost of free supply items supplied by mul, in .....

Tilak Ram (Since Deceased) Vs. Z.U. Siddiqui and ors.

Court : Delhi

Reported in : 2003VIIAD(Delhi)262; 107(2003)DLT565

..... implemented. wherever two or more understandings or interpretations are reasonably possible, it is wholly inappropriate for the court to press into use the powers contained under the contempt of courts act. 8. the following paragraph in jhareswar prasad paul and another versus tarak nath ganguly and others : 2002crilj2935 is of great instructive value:- ''the purpose of contempt jurisdiction is to uphold ..... courts of law are the greatest guarantee to an ordinary citizen and the democratic fabric of society will suffer if respect for the judiciary is undermined. the contempt of courts act, 1971 has been introduced under the statute for the purpose of securing the feeling of confidence of the people in general for true and proper administration of justice in the .....

M/S. Misuki Exports Pvt. Ltd. Vs. Proprietor/Manager, M/S. Com-sys-inc

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... if it is satisfied that there was sufficient cause for not filing the same within the above said period. the words sufficient cause occurring in proviso to section 15 of the act, are of utmost significance. as per settled law, culled out from various judicial decisions, the above expression sufficient cause, though deserves to receive a liberal ..... the question of admission of the present appeal and have also carefully gone through the documents/material on record. in terms of the provisions contained in section 15 of the act, a person, aggrieved by an order, made by the district forum, can prefer an appeal against such order to the state commission within a ..... appeal, briefly stated, are that the appellant m/s. misuki exports pvt. ltd. through its director shri shyam sunder verma had filed a complaint under section 12 of the act before the district forum, averring therein that appellant was a reputed business concern, engaged in the business of export of readymade garments. it was stated .....

Ss Builders Vs. Smt. Sita Rani Ahuja

Court : Delhi

Reported in : 2003VIIAD(Delhi)302; 106(2003)DLT538

..... his cause. there is no presumption that delay in approaching the court is always deliberate. this court has held that the words 'sufficient cause' under section 5 of the limitation act should receive a liberal construction so as to advance substantial justice vide shakuntala devi jain v. kuntal kumari : [1969]1scr1006 and state of w.b ..... nath sao alias ram nath sahu and others vs . gobardhan sao and others, : [2002]2scr77 while considering the expression 'sufficient cause', within the meaning of section 5 of the limitation act. after referring to the judgment in state of west bengal vs . administrator, howrah municipality, : [1972]2scr874a it was observed that the expression 'sufficient cause ..... given by the plaintiff for non appearance at the hearing on 5.8.1999 and whether sufficient cause is shown within the meaning of section 5 of the limitation act for condensation of 355 days delay in filing the restoration application. 12. in the application the counsel for the plaintiff has taken the .....

Bec Foods Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(90)ECC680

..... claim for the rebate of duty paid on materials used in the manufacture of goods cannot be claimed as such under the provisions of section 11b of the central excise act or under section 27 of the customs act as specific provisions have been made in this regard subject to the conditions stipulated in rule 12 of the central excise rules, 1944 and ..... been exported and they could not claim 'duty draw back' on the inputs. the contention of the learned sdr is correct that no refund of duty under section 11b of the act is involved as it is a case of export of finished goods in the manufacture of which duty paid packing material was used. for claiming such duty back ..... that in the present matter the duty is being claimed as refund as goods had been exported and accordingly the refund claim is hit by time-limit specified in section 11b of the act.6. we have considered the submissions of both the sides. the refund claim has been made on the ground that the duty paid empty packing materials were used .....

Super Cassette Industries Limited Vs. Bathla Cassette Industries Pvt. ...

Court : Delhi

Reported in : 2003VIIIAD(Delhi)572; 107(2003)DLT91; 2003(27)PTC280(Del); 2004(1)RAJ69

..... s similar sounding version is also an infringement of the original record not entitled to a protection which culminates in an enforceable right by relying on section 52(1)(j) of the act.21. it is not in dispute that alterations have been made by the plaintiff in producing its sound recording. the plaintiff has sought to ..... creation of the original track of the musical works. the relevant averments in the plaint read as under:'6. that while making the said records under section 52(1)(j) of the copyright act, the plaintiff company engages musicians, singers and musical conductors, etc. and re-record-create the original music track of the musical works. the singers ..... by way of royalties and the manner of payment.' 12. the dispute involved in the present suit thus necessarily involves the consideration of proviso to section 52(1)(j) of the act which reads as under:'provided that in making the records such person shall not make any alterations in, or omissions from, the work, unless recording .....