Court : Delhi
Decided on : May-15-2003
Reported in : 2003IVAD(Delhi)524; 105(2003)DLT239; 2003(26)PTC593(Del); 2003(3)RAJ100
..... of infringement or passing off as the case may be becomes complete. registered proprietor of a trade mark has been given a statutory protection by virtue of section 28 of the trade marks & merchandise act from the use of either the identical trade mark or deceptively similar trademark. 12. the words 'deceptively similar' used in the provisions of law have utmost significance ..... of word `r' encircled in red showing that he is the registered proprietor of the trademark microtel which is not true and which is an offence under trade and merchandise act.iii) the dishonesty is further projected in the address given by the defendant on the label as the defendant has shown their address as 'new delhi' whereas they are manufacturing .....
Tag this Judgment!Court : Delhi
Decided on : May-14-2003
Reported in : [2004]118CompCas694(Delhi); 105(2003)DLT793; 2003(69)DRJ154; [2003]47SCL241(Delhi)
..... with the intent of increasing the authorised capital so as to dilute the plaintiffs holding to less than 10%, thereby depriving them of their rights under section 399 of the companies act. immediately thereupon, on 23.1.2003 the plaintiffs served a legal notice on defendants, thereby requesting for an adjournment of the proposed egm on 25. ..... company law board for redressal of their grievances. the answer in favor of the plaintiff is to be found in the decision of his lordship m.jagannatha rao in avanthi explosives p. ltd. v. principal subordinate judge, tirupathi, and another, [1987] 62 comp. cas. 301. his lordship, while adorning the bench of andhra pradesh high court, ..... been contended on behalf of the plaintiffs that the requisite quorum was not available in most of the previous meetings of the board, as prescribed in section 287 of the companies act. it has been argued that the minutes are fabricated and wrongly mention the plaintiff no. 2 to be present at the meeting, and that these .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-14-2003
Reported in : (2003)(88)ECC615
..... cannot be claimed by revenue that duty was not paid /short paid by reasons of fraud, suppression etc. we, therefore, set aside the demand for interest under section 11ab of the act. as the amount of duty involved is more than rs. 1 lakh, land building, plant and machinery used in the factory is confiscatable. we, however, reduce ..... those show cause notices involved in these proceedings are for the subsequent period within six months time limit. we reduce the same as under:- interest under section 11ab of the act is not demandable as these show cause notices were issued after issue of show cause notice dated 28.2.97 and that too for subsequent period ..... both the assessee and the buyer. when it is the same person the authorities can certainly fall back on the third proviso to clause (a) of section 4(1) of the act, to arrive at the value of the excisable goods." he contended that considering all the circumstances cumulatively, shahnaz ayurvedics and shaherb cosmetics are related persons inasmuch .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : May-14-2003
Reported in : (2003)(162)ELT626TriDel
..... has held that rules of interpretation are applicable to exemption notification as well.8. the learned senior counsel finally submitted that the provisions of section 11ac of the act are invokable for imposition of penalty as they had wilfully mis stated the facts to evade payment of duty; that both the plants apart ..... mere filing the declaration on 6-3-2000 and claiming benefit of exemption notification cannot amount to wilful misstatement warranting imposition of penalty under section 11ac of the central excise act. it has been also the consistent view of the tribunal that when classification list/declaration has been filed by the manufacturer, extended period ..... the learned advocate has emphasised that as there was no suppression or wilfull misstatement on their part, imposition of penalty on the appellants under section 11ac of the central excise act is not warranted and if their this contention is accepted they would not challenge the demand of duty confirmed against them. we, therefore, .....
Tag this Judgment!Court : Delhi
Decided on : May-13-2003
Reported in : 2003IVAD(Delhi)349; 105(2003)DLT89; 2003(69)DRJ441; 2003(2)JCC1156
..... the area occupied or owned by individual owner or occupier as the case may be. (2) the expenditure incurred by chief fire officer as referred to in section 7(2) of the act shall be recoverable from the occupier irrespective of the fact whether he is the owner of the premises or not unless the owner, in those cases where ..... in it and direct the owner or occupier to undertake measures for rectifying the said inadequacy within such period as he may consider just and reasonable.' 2.section 16 of the said act empowered the administrator to make rules by notification in the official gazette and in exercise of such power, the rules were framed and published. 3.rule 8 ..... any land or building; (iv) any person who is liable to pay to the owner damages for the use and occupation of any land or building;' 1.section 6 of the said act provides for notice to the owner or occupier of the building or premises to take remedial measures regarding fire prevention and is as under :- ' 6. provision regarding .....
Tag this Judgment!Court : Delhi
Decided on : May-12-2003
Reported in : 2003IVAD(Delhi)357; 105(2003)DLT110; 2003(70)DRJ229; 2004(1)SLJ62(Delhi)
..... the consequential benefits are concerned these cases should also be treated in a manner similar where the industrial tribunal found the dismissal to be vocative of section 25(f) of the act. i am of the view that this plea cannot be accepted because of the categorical position of law laid down by the hon'ble supreme court ..... tamil nadu state transport corporation vs neethivilangan, kumbakonam 2001 (3) scale which held that upon a refusal by the industrial tribunal of an application under section 33(2)(b) of the act, the employer is bound to treat the employee as continuing in service and give him all consequential benefits and if such benefits are not granted, the ..... the petitioners have not been given consequential benefits of arrears and employment with the respondent in spite of the rejection of the approval application moved under section 33(2)(b) of the act by the respondent/dtc. the rejection of the approval has not been challenged by the dtc and has become final.4. ms. rasmeet charya, .....
Tag this Judgment!Court : Delhi
Decided on : May-09-2003
Reported in : 2003IVAD(Delhi)353; 105(2003)DLT77; 2003(70)DRJ332
..... and nature of construction is not as per terms and conditions.' 7.this construction has to be examined taking into consideration the definition of `building' under the said act, more particularly, sub-section (3) of section 2, which is as under :-'2. definitions.- ... ... ... ... (3) 'building' means a house, outhouse, stable, latrine, urinal, shed, hut wall (other than a boundary wall) or any other ..... the retable value determined for the tower restaurant is that though the structure is existing, it is entitled to remission and refund under section 163 of the delhi municipal corporation act, 1957 (hereinafter to be referred to as, `the said act' ), which is as under :-'163. demolition, etc., of buildings.- if any building is wholly or partly demolished or destroyed or otherwise deprived .....
Tag this Judgment!Court : Delhi
Decided on : May-08-2003
Reported in : 2003(26)PTC576(Del)
..... ) r.p.c. 545 (commonly known as indon case) the court observed that the prima-facie effect of registration of a trademark is laid down in section 31 of the act. section 32 makes registration of a trademark conclusive as to validity after the expiry of a period of seven years. as to what is required to be proved in ..... is equally well settled that on an application to remove a trade mark from the register the onus is on the applicant applying from rectification. by section 31 of the act registration is expressly made prima facie evidence of valid registration where a trade mark has been along registered and the validity of registration depends on the facts ..... no evidence of continuity of user or any user whatsoever during the period, the appellant adopted the said trade mark and, thereforee, the provisions of section 11(a) of the act had been wrongly applied. similarly it is contended that the assistant registrar had erred in expunging the trade mark of the registered proprietor which had been .....
Tag this Judgment!Court : Delhi
Decided on : May-08-2003
Reported in : 2003VAD(Delhi)152; 105(2003)DLT217
..... under the aforesaid provision and as the sugar was stored without such license, he had contravened the provisions of the licensing order read with section 3 of the essential commodities act. to the argument of the petitioner that the entire quantity of khandsari and boora should not have been confiscated as there was no guilty ..... not sitting as the court of appeal over the order of the learned additional district judge passed in exercise of his appellate jurisdiction, under the essential commodities act. it has not been shown as to how the order passed by learned additional district judge is either against the provisions of the licensing order or is ..... more than a specified quantity under the licensing order issued under the provisions of essential commodities act. the appellant had no license to store such quantity of sugar in the premises. a case under section 7 of the essential commodities act was registered and after giving show cause notice to the petitioner, the collector, food and .....
Tag this Judgment!Court : Delhi
Decided on : May-07-2003
Reported in : 2003IVAD(Delhi)101; 105(2003)DLT169; 2003(70)DRJ384
..... on consideration of the building bye-laws, 1983, a modification was made in mpd - 2001 in exercise of the powers conferred under sub-section (2) of section 11a of the said act. in terms of this notification, additional far was made available and, thus, the group housing societies were also benefited as a consequence thereof. ..... -3-99 and in partial modification of notification dated 23rd july, 1998, the central government in exercise of the powers conferred by sub-section (2) of section 11a of delhi development act, 1957, hereby make certain modifications in mpd-2001 to the group housing norms in delhi and lay down guidelines for taking up group ..... notification issued by the ministry of urban development dated 03.06.1999 in exercise of the powers conferred under sub-section (2) of section 11a of the delhi development act, 1957 ( hereinafter to be referred to as, ' the said act') making certain modifications in mpd - 2001 for group housing norms. in terms of this notification, a levy .....
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