Array ( [0] => ..... 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 assessee. 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 assessee 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 ..... [1] => ..... or for the enforcement of any security against the industrial company or any guarantee in respect of any loans or advance granted to the industrial company,' inserted into section 22 by the act 12 of 1994, 'are crystal clear. there is no ambiguity therein.' the court further held that no suit for the enforcement of a guarantee in respect of ..... which appear after the expression 'proceedings', after the word 'suit', it is not possible to accede to the submission of the appellants that the word 'suit' in section 22(1) of the act means anything other than some form of curial process. in paragraph 34 at page 316 of the report, the court further held as follows:. the court in patheja ..... given by defendants 1 & 2 was not in respect of any loan or advance granted to the sick company, the present suit can proceed and the provisions of section 22 of the act will not apply.at page 241 of the report, it was observed:12. ... prima facie, i am of the opinion that deferred sale consideration cannot be a ..... [2] => ..... chief of air staff, and if the petitioner has grievances of the kind referred to in the petition, he has a legal right to submit a petition under section 161(1) of the act which will be duly considered by the authorities prior to confirmation of the sentence. on this premise and while relying upon division bench judgment of this court in ..... passed by the competent authority and it was only conveyed by wing commander and the convening order does not suffer from any legal infirmity and is not violative of section 110 of the act.23. it is a settled principle of law that if the competent authority had applied its mind and had passed appropriate orders on the file, the mere ..... the petitioner is accepted, it will go to the very root of the case in regard to convening of the general court martial and its proceedings being violative of section 129 of the act & rule 52 of the rules. it is the case of the petitioner that he-had objected to appointment of the members of the court and particularly wing ..... [3] => ..... on the amount of margin monies/security deposits placed by the customers with the assessee in the context of the definition of the expression "actual cost" under section 43(l) of the act. in the view we have taken, namely, that the assessee is not entitled to the depreciation, we do not consider it necessary to deal with those ..... 87 to 1989-90 in which the assessee's claim for depreciation has not been disallowed and pointed out that these orders were passed after scrutiny under section 143(3) of the act. the relevant clauses of the lease document were also highlighted in the course of his argument to show that the transactions were leases and cannot be ..... .12. for this year, there are two,appeals by the department, one arising from the assessment order passed under section 143(3) and the other arising from the order passed by the assessing officer under section 154 of the act.13. we first take up the appeal arising out of the assessment order.the first ground is that the commissioner ..... [4] => ..... may be induced fraudulently or dishonestly to deliver any property to any person. the second class of acts set forth in the section is the doing or omitting to do anything which the person deceived would not do or omit to do if he were not so deceived. in the first ..... the court distinguished cheating from mere breach of contract. after quoting the provisions of section 415 ipc, which defines cheating, the apex court observed as under :14. on a reading of the section it is manifest that in the definition there are set forth two separate classes of acts which the person deceived may be induced to do. in the first place he ..... class of cases the inducing must be fraudulent or dishonest. in the second class of acts, the inducing must be intentional but not fraudulent or dishonest. 15. in determining ..... [5] => ..... as ex.pw-1/3. return memo has been proved as ex.pw-1/4. legal notice dated 9.2.2002 served upon defendant no. 1 under section 138 of the n.i. act pertaining to cheque ex.pw-1/3 has been proved as ex.pw-1/5. the three cheques in sum of rs. 5 lacs each bearing the date ..... to partially repay the ' interest which had accrued on the two sums taken by way of loan. the cheque was dishonoured when presented for encashment. a complaint invoking section 138 of the n.i. act is stated to be pending in the court of shri v.k. goel, m.m. that 3 cheques in sum of rs. 5 lacs each dated 1 ..... three issues were framed:(i). the suit of the plaintiff is barred under the punjab registration of money lenders act, 1938.(ii). the suit of the plaintiff is barred under sections 69a and 69b as well as under section 269 ss of the income tax act.(iii). the suit is without cause of action inasmuch as no cheque or promissory note was issued by ..... [6] => ..... of the plaintiff is for infringement of copyright in the artistic work. the plaintiff being the owner of 'original artistic work' has exclusive right under section 14(c) of the act to reproduce the said work as under:(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work ..... learned counsel appearing for defendant no. 2, dilated on the aforesaid plea taken in the application by contending that the legislative intent in enacting section 52(1)(u)(ii) of the act where certain acts are not to be treated as infringement of the copyright, was manifest inasmuch as when a film is shot many such artistic works, including ..... out these features of the use of the outfit in question in the film, learned counsel submitted that such a use was clearly permissible under section 52(1)(u)(ii) of the act and, thereforee, prayer made in the application should be allowed. 10. the plaintiff has resisted this application and passionate plea was made by learned ..... [7] => ..... 8.2.1994 and there was a stay against the impugned adjudication order. however, even before this reply, the respondent filed complaint in question under section 57 of fera against the petitioner on 16.4.2002 and the learned acmm took cognizance of the offence and issued summoning orders. after receiving the notice ..... this application has been dismissed vide impugned order dated 25.11.2003 passed by the learned acmm and in these circumstances the present petition is preferred under section 482 cr.p.c. for quashing of the impugned order and dismissal of the complaint. before adverting to the issue raised, let me first take ..... sikri, j.1. enforcement directorate, through the enforcement officer, has filed complaint under section 57 of the foreign exchange regulation act, 1973 (hereinafter referred to as 'fera') and in terms of sub-sections (3) and (4) of section 49 of the foreign exchange (amendment) act, 1999, against the petitioner herein. the allegation is that vide adjudication order dated ..... [8] => ..... this is again a mystery. as we have already noted above, these enquiries should normally be made not only from the members of the bar, but from a cross-section of people such as the colleagues of the judicial officer, other learned judges and, if necessary, from the administrative staff. the shetty commission has suggested that inquiries should ..... provides ah opportunity for pointing out mistakes so that they are avoided in future and deficiencies, if any, in the working of the subordinate court, remedied. inspection should act as a catalyst - in inspiring subordinate judges to give the best results. they should feel a sense of achievement. they need encouragement.39. what is the impact ..... should have been written uninfluenced by the events of december, 2000 which had no concern with her work and conduct during the year 1999.(c) the full court had acted contrary to the decision of the supreme court in the case of madan mohan chaudhary v. state of bihar : (1999) 3 scc 396 when it recorded her ..... [9] => ..... other duties as may be assigned to them from time to time. thereforee, the contract was uncertain and vague and contract was hit by section 29 of the indian contract act. (iv) clause 4.1 shows that management had overriding power and every activity was to be done as per directions of the management from ..... from raising this plea. the contractor, engaged by the petitioner, had its affiliation with government of nct and had obtained license under section 12 of the contract labour (regulation and abolition) act 1970. the government of nct thereforee was the appropriate government. it is also submitted that the question of appropriate government is finally settled ..... conclusion about the contract being sham and camouflage on the following basis:(i) the petitioner was not registered under section 7 of the contract labour (regulation and abolition) act, 1970. the contractor had valid license under the act only for a period of one year and five months. he was without license from 1994 till 1.11. ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Old - Court Delhi - Year 2006 - Page 39 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: old Court: delhi Year: 2006 Page 39 of about 411 results (0.090 seconds)

Nov 11 2006 (HC)

Commissioner of Income-tax Vs. Hindustan Coca Cola Beverages (P) Ltd.

Court : Delhi

Decided on : Nov-11-2006

Reported in : 2007(93)DRJ483

..... 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 assessee. 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 assessee 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 .....

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Nov 14 2006 (HC)

Rashtriya Chemicals and Fertilizers Ltd. Vs. State Bank of Patiala

Court : Delhi

Decided on : Nov-14-2006

Reported in : I(2007)BC264; [2008]81SCL461(Delhi)

..... or for the enforcement of any security against the industrial company or any guarantee in respect of any loans or advance granted to the industrial company,' inserted into section 22 by the act 12 of 1994, 'are crystal clear. there is no ambiguity therein.' the court further held that no suit for the enforcement of a guarantee in respect of ..... which appear after the expression 'proceedings', after the word 'suit', it is not possible to accede to the submission of the appellants that the word 'suit' in section 22(1) of the act means anything other than some form of curial process. in paragraph 34 at page 316 of the report, the court further held as follows:. the court in patheja ..... given by defendants 1 & 2 was not in respect of any loan or advance granted to the sick company, the present suit can proceed and the provisions of section 22 of the act will not apply.at page 241 of the report, it was observed:12. ... prima facie, i am of the opinion that deferred sale consideration cannot be a .....

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Nov 16 2006 (HC)

Wing Commander Rajiv Arora Vs. Union and India (Uoi) and ors.

Court : Delhi

Decided on : Nov-16-2006

Reported in : 2007(93)DRJ229

..... chief of air staff, and if the petitioner has grievances of the kind referred to in the petition, he has a legal right to submit a petition under section 161(1) of the act which will be duly considered by the authorities prior to confirmation of the sentence. on this premise and while relying upon division bench judgment of this court in ..... passed by the competent authority and it was only conveyed by wing commander and the convening order does not suffer from any legal infirmity and is not violative of section 110 of the act.23. it is a settled principle of law that if the competent authority had applied its mind and had passed appropriate orders on the file, the mere ..... the petitioner is accepted, it will go to the very root of the case in regard to convening of the general court martial and its proceedings being violative of section 129 of the act & rule 52 of the rules. it is the case of the petitioner that he-had objected to appointment of the members of the court and particularly wing .....

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Nov 17 2006 (TRI)

Dy. Cit, Special Range 4 Vs. Volex Finance and Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Nov-17-2006

..... on the amount of margin monies/security deposits placed by the customers with the assessee in the context of the definition of the expression "actual cost" under section 43(l) of the act. in the view we have taken, namely, that the assessee is not entitled to the depreciation, we do not consider it necessary to deal with those ..... 87 to 1989-90 in which the assessee's claim for depreciation has not been disallowed and pointed out that these orders were passed after scrutiny under section 143(3) of the act. the relevant clauses of the lease document were also highlighted in the course of his argument to show that the transactions were leases and cannot be ..... .12. for this year, there are two,appeals by the department, one arising from the assessment order passed under section 143(3) and the other arising from the order passed by the assessing officer under section 154 of the act.13. we first take up the appeal arising out of the assessment order.the first ground is that the commissioner .....

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Nov 18 2006 (HC)

Ram Chander Vs. R.K. Khattar and anr.

Court : Delhi

Decided on : Nov-18-2006

Reported in : 137(2007)DLT639

..... may be induced fraudulently or dishonestly to deliver any property to any person. the second class of acts set forth in the section is the doing or omitting to do anything which the person deceived would not do or omit to do if he were not so deceived. in the first ..... the court distinguished cheating from mere breach of contract. after quoting the provisions of section 415 ipc, which defines cheating, the apex court observed as under :14. on a reading of the section it is manifest that in the definition there are set forth two separate classes of acts which the person deceived may be induced to do. in the first place he ..... class of cases the inducing must be fraudulent or dishonest. in the second class of acts, the inducing must be intentional but not fraudulent or dishonest. 15. in determining .....

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Nov 20 2006 (HC)

Mukesh Gupta Vs. P.K. Banaj and anr.

Court : Delhi

Decided on : Nov-20-2006

Reported in : 2007(93)DRJ333

..... as ex.pw-1/3. return memo has been proved as ex.pw-1/4. legal notice dated 9.2.2002 served upon defendant no. 1 under section 138 of the n.i. act pertaining to cheque ex.pw-1/3 has been proved as ex.pw-1/5. the three cheques in sum of rs. 5 lacs each bearing the date ..... to partially repay the ' interest which had accrued on the two sums taken by way of loan. the cheque was dishonoured when presented for encashment. a complaint invoking section 138 of the n.i. act is stated to be pending in the court of shri v.k. goel, m.m. that 3 cheques in sum of rs. 5 lacs each dated 1 ..... three issues were framed:(i). the suit of the plaintiff is barred under the punjab registration of money lenders act, 1938.(ii). the suit of the plaintiff is barred under sections 69a and 69b as well as under section 269 ss of the income tax act.(iii). the suit is without cause of action inasmuch as no cheque or promissory note was issued by .....

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Nov 20 2006 (HC)

Suneet Varma Design Pvt. Ltd. and anr. Vs. Mr. Jas Kirat Singh Narula ...

Court : Delhi

Decided on : Nov-20-2006

Reported in : LC2007(1)175; 2007(34)PTC81(Del)

..... of the plaintiff is for infringement of copyright in the artistic work. the plaintiff being the owner of 'original artistic work' has exclusive right under section 14(c) of the act to reproduce the said work as under:(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work ..... learned counsel appearing for defendant no. 2, dilated on the aforesaid plea taken in the application by contending that the legislative intent in enacting section 52(1)(u)(ii) of the act where certain acts are not to be treated as infringement of the copyright, was manifest inasmuch as when a film is shot many such artistic works, including ..... out these features of the use of the outfit in question in the film, learned counsel submitted that such a use was clearly permissible under section 52(1)(u)(ii) of the act and, thereforee, prayer made in the application should be allowed. 10. the plaintiff has resisted this application and passionate plea was made by learned .....

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Nov 20 2006 (HC)

B.S. and Co. Vs. Niranjan Subudhi and anr.

Court : Delhi

Decided on : Nov-20-2006

Reported in : 135(2006)DLT440

..... 8.2.1994 and there was a stay against the impugned adjudication order. however, even before this reply, the respondent filed complaint in question under section 57 of fera against the petitioner on 16.4.2002 and the learned acmm took cognizance of the offence and issued summoning orders. after receiving the notice ..... this application has been dismissed vide impugned order dated 25.11.2003 passed by the learned acmm and in these circumstances the present petition is preferred under section 482 cr.p.c. for quashing of the impugned order and dismissal of the complaint. before adverting to the issue raised, let me first take ..... sikri, j.1. enforcement directorate, through the enforcement officer, has filed complaint under section 57 of the foreign exchange regulation act, 1973 (hereinafter referred to as 'fera') and in terms of sub-sections (3) and (4) of section 49 of the foreign exchange (amendment) act, 1999, against the petitioner herein. the allegation is that vide adjudication order dated .....

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Nov 20 2006 (HC)

Barkha Gupta Vs. High Court of Delhi Through Registrar General and anr ...

Court : Delhi

Decided on : Nov-20-2006

Reported in : 2007(93)DRJ586

..... this is again a mystery. as we have already noted above, these enquiries should normally be made not only from the members of the bar, but from a cross-section of people such as the colleagues of the judicial officer, other learned judges and, if necessary, from the administrative staff. the shetty commission has suggested that inquiries should ..... provides ah opportunity for pointing out mistakes so that they are avoided in future and deficiencies, if any, in the working of the subordinate court, remedied. inspection should act as a catalyst - in inspiring subordinate judges to give the best results. they should feel a sense of achievement. they need encouragement.39. what is the impact ..... should have been written uninfluenced by the events of december, 2000 which had no concern with her work and conduct during the year 1999.(c) the full court had acted contrary to the decision of the supreme court in the case of madan mohan chaudhary v. state of bihar : (1999) 3 scc 396 when it recorded her .....

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Nov 21 2006 (HC)

Management of Power Grid Corporation of India Ltd. Vs. the Presiding O ...

Court : Delhi

Decided on : Nov-21-2006

Reported in : 137(2007)DLT419

..... other duties as may be assigned to them from time to time. thereforee, the contract was uncertain and vague and contract was hit by section 29 of the indian contract act. (iv) clause 4.1 shows that management had overriding power and every activity was to be done as per directions of the management from ..... from raising this plea. the contractor, engaged by the petitioner, had its affiliation with government of nct and had obtained license under section 12 of the contract labour (regulation and abolition) act 1970. the government of nct thereforee was the appropriate government. it is also submitted that the question of appropriate government is finally settled ..... conclusion about the contract being sham and camouflage on the following basis:(i) the petitioner was not registered under section 7 of the contract labour (regulation and abolition) act, 1970. the contractor had valid license under the act only for a period of one year and five months. he was without license from 1994 till 1.11. .....

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