Court : Delhi
Decided on : Sep-01-2003
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 .....
Tag this Judgment!Court : Delhi
Decided on : Sep-01-2003
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...
Tag this Judgment!Court : Delhi
Decided on : Aug-29-2003
Reported in : 4(2003)CCR172; 107(2003)DLT228; 2003(70)DRJ621; 2003(3)JCC1488; 2003RLR111
..... all the hospitals informing about his termination and thereby he would not get job anywhere. 3. this act on their part has been brought by the mm within the mischief of 'extortion' and 'criminal intimidation'. offence under section 386 ipc punishes a person who puts any other person in fear of death or grievous hurt for ..... inducing the person to deliver to him any property or valuable security or anything signed or sealed which may be converted into a valuable security. offence under section 506 ipc prescribes punishment for 'criminal intimidation'. mischief of 'criminal intimidation' means giving threat with an intention to cause any injury to any person or his ..... the presumptive and conjectural premise that management being in much advantageous and dominant position appears to have forced the respondent to resign and thereby committed offences under sections 386/506/34 ipc.9. i am afraid if such cases are allowed to be registered and taken cognizance, then no employer would be safe and .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Aug-29-2003
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 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Aug-29-2003
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 .....
Tag this Judgment!Court : Delhi
Decided on : Aug-28-2003
Reported in : III(2003)BC590; [2003]117CompCas270(Delhi); 106(2003)DLT682; 2003(70)DRJ659; [2004]51SCL605(Delhi)
..... contracts etc. which have the effect of impeding revival of the sick company or adding to its liabilities. thereforee, the clause introduced in section 22 of sica by way of amendment act of 1994 has to be harmoniously construed to advance its object and it has to be held that even bank guarantee furnished by the defendant ..... plaintiff. the defendant vide its letter dated 8.6.2000 pleaded inability to honour the bank guarantee and pay the amount in view of section 22 of the sick industrial companies ( special provisions) act 1985 ( sica) on the ground that m/s montari industries ltd was before bifr. the plaintiff insisted for payment as the bank ..... is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal under sections 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other .....
Tag this Judgment!Court : Delhi
Decided on : Aug-28-2003
Reported in : I(2004)ACC438; 2005ACJ1778; 2003VIIAD(Delhi)321; 2003(71)DRJ648
..... not mean that limit of the liability with regard to the third party risk becomes unlimited or higher than the statutory liability fixed under sub-section (2) of section 95 of the motor vehicle act. according to the supreme court for that purpose a specific agreement has to be arrived at between the owner and the insurance company and separate ..... in that behalf, however, the same would not cover the unlimited liability for the passengers and its liability would continue to be limited in terms of section 95(2)(b) of the motor vehicles act. 10. in oriental fire and general insurance company ltd. versus shakuntala garg and others : 93(2001)dlt772 a division bench of this court had ..... by the insured was @ rs.12/- per passenger the same was clearly referable to the statutory liability of rs.15,000/- per passenger under section 95(2)(b) of the motor vehicle act. 9. in c.n. jaya's case also the supreme court relying upon its earlier observations in the case of national insurance company versus jugal .....
Tag this Judgment!Court : Delhi
Decided on : Aug-28-2003
Reported in : (2004)87TTJ(Del)102
..... so incurred was treated as a capital expenditure. since the expenditure was capital in nature it was also considered outside the purview of deduction allowable under section 37(1) of the act.58. before the learned commissioner (appeals) the assessed vehemently argued that the issue for raising the debenture was for the purpose of the business of ..... far as deduction of expenses incurred to raise the loan is concerned. it has been further stated that the expenses are allowable as business expenses under section 37(1) of the act.57. the explanationn of the assessed was not acceptable for the reason that the object of the issue was for raising capital for the new ..... the deletion of disallowance of rs. 6,54,723 on. account of depreciation on generator could not have been made in the scrutiny assessment made under section 143(3) of the act. the assessed has however contended that he was not afforded any opportunity to substantiate his claim about the use of asset in the existing business though .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Aug-28-2003
Reported in : (2003)(90)ECC686
..... to do the same would not make it a case of suppression of facts. therefore, most of the demand is hit by limitation provided under section 11a of the central excise act.9. in view of what has been stated above, the impugned order is set aside and the appeal is allowed.[operative part of the order was ..... excise authorities all-through and there was no suppression of facts involved which would justify raising the demand invoking the extended period as provided under proviso to section 11a of the central excise act. in this context, he has relied on declaration filed by the appellant for the year 1997-98, therein the goods were described as "geometry ..... 2003, commissioner of central excise, delhi-1 confirmed the same duty demand.the commissioner also demanded interest in respect of the duty amounts not paid under section 11ab of the central excise act, 1944 and imposed a penalty equivalent to the duty amount on the appellant. the ground for denying the exemption was that the boxes, which are .....
Tag this Judgment!Court : Delhi
Decided on : Aug-27-2003
Reported in : AIR2004Delhi140; 2003(3)ARBLR335(Delhi); 2003(70)DRJ516
..... centres trust) made three submissions. the first submission was that the impugned award is a reasoned award made in pursuance of the statutory provisions of section 24 of the said act. he submitted that the scope of article 226 was limited inasmuch as there could be no reappraisal of the evidence unless some perversity or ex facie ..... caused to the property' on entry after requisition or during the period of requisition, other than normal wear and tear. it is also provided under section 24 of the said act that when a person interested is aggrieved by the amount of compensation so determined and makes an application within the prescribed time to the central government ..... the possession of the delhi administration till 26.03.1977 when, by an order of the same date and passed in exercise of powers conferred by section 29 of the act, the administrator rescinded its earlier order of requisition with immediate effect and directed that possession of the property be restored to the respondent no. 1. .....
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