Court : Orissa
Decided on : Feb-14-1989
Reported in : AIR1989Ori189
..... affairs of the society and, therefore, the society must be held to be an authority controlled by the state government and consequently section 41a of the act must apply.4. section 41 a. sub-section (1) which is relevant for this case is extracted below :'41 a. constitution of and reference to the arbitration tribunal. (1 ..... considered opinion, the petitioners' society cannot be construed to be an authority under the control of the state government within the said expression used in section 41a of the act and accordingly, the dispute in question is not required to be referred to the arbitration tribunal. the conclusion of the learned subordinate judge is, ..... other authority controlled by the state' government'. therefore, the expression used in article 12 of the constitution is almost similar to that used in section 41a of the act and consequently, the ratio of several decisions explaining the meaning of the aforesaid expression in article 12 will have a great bearing in interpreting the .....
Tag this Judgment!Court : Delhi
Decided on : Feb-14-1989
Reported in : AIR1989Delhi249; 1989(1)ARBLR339(Delhi); 38(1989)DLT78
..... claims made by the parties who claim to be patentee or alleged violators'. (4) it would be appropriate at this stage to refer to provisions of section 5 of the act which lays down : section 5. inventions where only methods or processes of manufacture patentable. in the case of inventions. (a) claiming substances intended for use, or capable of ..... the appellant which shows that a process may be patented while product may not be. (6) learned counsel for the respondent has drawn my attention to section 48 of the act which cannot be available for rejection of the claim of the appellant.lt was pointed out to the controller that the process of 'removal of dust' ..... and first inventor, his assignee or legal representative can file an application for a patent for his invention. what is an invention has been defined in section 2(i)(j) of the act which reads as under: 'section 2(i)(j) 'invention' means any new and useful :- (i) art, process, method or manner of manufacture ; (ii) machine, apparatus or .....
Tag this Judgment!Court : Delhi
Decided on : Feb-14-1989
Reported in : 38(1989)DLT35
..... , cr. p.c. seeking quashment of the detention order dated 28th may, 1987 issued under section 3(l)(i) and 3(l)(iii) of the cofeposa act and declaration dated 16th july, 1987 issued under section 9 of the act.(2) i need not refer to various grounds, taken in the writ petition challenging the impugned orders because the petition is liable to succeed .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Feb-14-1989
Reported in : (1989)(24)LC148Tri(Delhi)
..... that inasmuch as the appellants had under-valued the imported goods and had also mis-declared the value and quantity of the goods, we reduce the penalty under section 112(a) of the customs act, 1962 from rs. 5 lakhs to rs. 4 lakhs (rupees four lakhs only). the revenue authorities are directed to give consequential effect to this order. except ..... used wires 50/- 10. a penalty of rs. 5 lakhs was also imposed on shri k.a. basheer, proprietor of m/s. singapore colour centre, under section 112(a) of the customs act. being aggrieved by the said order the appellants have come in appeal before the tribunal.11. shri v. lakshmikumaran, the learned advocate has appeared on behalf of ..... policy for am 88. the appellants also subscribed to the declaration as to the truth of the contents in the bill of entry as provided for under section 46(4) of the customs act, 1962. an information was received to the effect that the party imported excess goods over and above the goods declared in the bill of entry and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-14-1989
Reported in : 1989(40)ELT276(SC); [1990]184ITR224(SC); JT1989(1)SC417; 1989(1)SCALE436; (1989)2SCC127; [1989]1SCR711; 1989(1)LC539(SC)
..... challenged before us or before the the tribunal itself as being based on no evidence.10. in that view of the matter and in view of the requirements of section 11a of the act, the claim had to be limited for a period of six months as the tribunal did. we are, therefore, of the opinion that the tribunal was right in ..... order to make the demand for duty sustainable beyond a period of six months and up to a period of 5 years in view of the proviso to sub-section ha of the act, it has to be established that the duty of excise has not been levied or paid or short-levied or short-paid, or erroneously refunded by reasons of ..... respondents' failure to reveal the correct position, they were liable. the collector was of the view that the time limit under rule 10 (section 11a) would run for 5 years. the relevant portion of section 11a of the act is as follows:(11-a. recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded-(1) when .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-15-1989
Reported in : 1989(1)BomCR625; 1989MhLJ538
..... .with very great respect, i see no reason to disagree with this view. the ingredients of a contractual tenancy and a deemed tenancy, contemplated by section 4 of the tenancy act, do vary at least to a significant extent. a deemed tenancy postulates absence of a contractual tenancy at the time when deemed tenancy is pleaded. ..... his contractual tenancy in the tenancy court, cannot turn around and contend that if not contractual tenancy, at least a deemed tenancy arising out of section 4 of the tenancy act should be held proved. this court has held that if this plea is accepted by the tenancy court, after having negatived the contender's plea ..... & bounds and, as will be presently pointed out, this position will prevail whether it is a contractual tenancy or a deemed tenancy within the meaning of section 4 of the tenancy act.8. three question that inexorably arise in the petition, therefore, are :-(a) whether a valid, recognisable and identifiable tenancy could spring into existence in respect .....
Tag this Judgment!Court : Chennai
Decided on : Feb-15-1989
Reported in : AIR1990Mad115
..... be set-off if on evidence it can be shown that a is solely entitled to the amount standing in name of a and b. section 171 of the contract act deals with general hen of bankers, factors, wharfingers, attorneys and policy-brokers and it is stated therein that where a member of a firm ..... nor had they renewed their undertaking or liabilities. in november, 1965, the principal debtor shree bharathy mills, pondicherry, was notified under the industries (development and regulation) act, 1951 by the government of india and on 5-5-1966, the authorised controller took control of the said principal debtor. in 1965, the appellant bank seems ..... negotiation of foreign bills. in respect of such loans and facilities extended by the bank to the said shree bharathy mills limited pondicherry, the respondents/plaintiffs acted as sureties, and deposited documents of title to immovable property belonging to the second respondent/second plaintiff, life insurance policy belonging to the first respondent/first .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-15-1989
Reported in : ILR1989KAR1052; 1989(3)KarLJ82
order 9 rule 9 - appeal under order 43 rule 1(c) lies not revision even if application disposed of on preliminary point.vide: headnote supra(b) limitation act, 1963 (central act no. 36 of 1963) - section 5 - applying and obtaining certified copies bonafide, sufficient cause for condoning delay. the appellant had in fact applied for certified copy of the order within two days of the pronouncement of the order of dismissal and obtained the same on 21-11-1987. therefore this itself should be construed as sufficient cause for condoning the delay and she must be deemed to have been held bona fide to have waited for obtaining the certified copies. the trial court was therefore not justified in finding that she wanted some how to circum vent the provisions of law particularly of section 12 of the limitation act....the court below was not justified in rejecting the application for condonation of delay and consequently dismissing the petition itself as barred by time.
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-15-1989
Reported in : AIR1989P& H319
ORDERG.R. Majithia, J. 1. This revision petition is directed against the order of the Rent Controller refusing to set aside the ex parte ejectment order passed in rent application No. 51 of 1978, decided on January 31, 1983.2. Sharan Singh and his son Jaswant Singh filed an application for eviction on the ground that the demised premises were let out to H.V. Oils Mills, Khanna, through its partner Hakumat Rai for a period of five years and after the expiry of the contractual period, respondents Nos. 1 to 4 continued in possession of the premises but as statutory tenants. They are in arrears of rent since November 1, 1974, till the date of filing of the application and have sublet the premises to Kuldip Singh.3. The respondents other than respondent No. 5 were proceeded ex parte on March 20, 1979. They were served through substitutedservice by an insertion in 'The Daily SamajLudhiana'. Respondent No. 5 claimed thathe was in possession of the premises inpursuance of an agreement of sale ...
Tag this Judgment!Court : Kerala
Decided on : Feb-15-1989
Reported in : II(1989)ACC75; 1990ACJ231
..... bus. the quantum of damages awarded is also challenged as excessive. both these contentions are not open to the insurer, in view of the specific provisions of section 96(2) of the motor vehicles act. there is, therefore, no merit in the appeal at the instance of the third respondent insurer.4. counsel for the claimant in support of the memorandum of .....
Tag this Judgment!