Court : Delhi
Decided on : Sep-29-2003
Reported in : [2004]55SCL572(Delhi)
..... am of the prima facie view that though the power of the court to entertain an application for variation of interlocutory orders under section 10, c.p.c. or the arbitration act may be there as noted above, sica provides the complete machinery for getting permission either to proceed against the sick company or for ..... transferring or parting with possession or encumbering with regard to properties mentioned in annexures a and b. an application i.a. 9930/98 under section 22 of the sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'sica', for short) had been moved by the defendant in october, 1998, claiming that during the ..... not been rejected finally, the company has the protective umbrella of the stay of proceedings under section 22 of sica. once the ingredients for the application of section 22 arc satisfied then notwithstanding anything contained in the companies act or any other law or memorandum and articles of association of the industrial company or any .....
Tag this Judgment!Court : Delhi
Decided on : Sep-22-2003
Reported in : 2004IAD(Delhi)73; AIR2004Delhi16; 107(2003)DLT172
..... .03.1991. the petitioner made a detailed representation against the same on 12.03.1991, but dda issued a notice under section 4 of the public premises (eviction of unauthorised occupants) act, 1971 ( hereinafter to be referred to as, `the said act' ). the petitioner thereafter filed the present writ petition seeking quashing of the order dated 06.02.1991 cancelling the allotment in ..... charge for the play field at the rates as charged from similar other institutions. 6. interim orders were granted in favor of the petitioner initially staying proceedings under the said act vide order dated 04.11.1991, which were modified by the order dated 25.03.1994 permitting the proceedings to be carried on, but the petitioner not to be dispossessed .....
Tag this Judgment!Court : Delhi
Decided on : Sep-19-2003
Reported in : (2004)91TTJ(Del)243
..... been reconciled while preparing the final return of income at the time of auditing of accounts, as the accounts are liable to audit as per provisions of section 44ab of the act. thereforee, in view of these facts and circumstances, we cancel the estimation of sales of these two amounts, as mentioned above, in case of these ..... submitted that amended provisions of law are applicable and the assessing officer was correct in rejecting the books of accounts and applying the provisions of section 145(2) of the income tax act. again it was repeated that the assessing officer has prepared a trading account on the basis of material found, then only he arrived at ..... activities of chandnas through various business concerns were seized. accordingly for the purpose of making block assessments in the case of all these assesseds, notices under section 158bc of the income tax act were served on these assessed on 29-3-1996, calling for return of undisclosed income for the block period, i.e., from l-4-1985 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Sep-18-2003
Reported in : (2004)88ITD638(Delhi)
..... w.e.f. 1st april, 1992. it had been declaring its income from agriculture since asst, yr. 1993-94 and claiming the same as exempt under section 10 of it act, 1961 (in short act). for asst, yr. 1998-99, if filed its return on 30th oct., 1998, declaring income of rs. 2,460 as interest income in addition to ..... pots are carried out in continuation of basic operations then, in our considered opinion, income from such nursery would be agricultural income not liable to tax under section 10 of the act. however, if the nursery is maintained independently without resorting to basic operations on the land then income from such nursery would be liable to be included in ..... the income arising from the sale of plants grown by the assessee in its nursery/farm can be said to be agricultural income as defined in section 2(1a) of the act, according to this section, any income derived from land, which is situated in india and is used for agricultural purposes, by agriculture would be agricultural income. the ao .....
Tag this Judgment!Court : Delhi
Decided on : Sep-17-2003
Reported in : I(2004)ACC316; 2003VIIIAD(Delhi)47
..... person the multiplier has to be applied considering the age of the parents and unless there are special reasons, the multiplier mentioned in the second schedule of the motor vehicles act should normally be applied to arrive at loss of dependency to the family, however, the facts and circumstances of the present case and keeping in view the fact that the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Sep-16-2003
Reported in : (2004)(171)ELT79TriDel
..... officers visited the factory of the respondents on 20-5-1998. shri v.k. dhawan, chairman of the respondent in his statement dated 20-5-1998 recorded under section 14, of the said act stated that, "varco" is the monogram of varco b.j., their joint venture partners.4. on the respondent's invoices, the brand name of product has been given ..... pvt. ltd. for the manufacture of equipments used in oil drilling viz. elevators, manual tongs, slips and their spares classified under heading no. 84.77 of the central excise tariff act, 1985. varco sara are registered with central excise range-ii, dehradun under registration no.3. the central excise officers of dehradun gathered an intelligence that the appellant are affixing the .....
Tag this Judgment!Court : Delhi
Decided on : Sep-12-2003
Reported in : 2004IAD(Delhi)357; 107(2003)DLT58; 2003(71)DRJ81
..... for the appellant whether the rent of the suit property was rs. 3300/- or rs. 3630/-, we deem it appropriate to reproduce section 8 of the delhi rent control act. section 8 of the delhi rent control act reads as under:-'8. notice of increase of rent - (1) where a landlord wishes to increase the rent of any premises, ..... filed by the respondent was incompetent.13. the learned counsel for the appellant also submitted that the respondent was already prosecuting an eviction petition under section 22 of the delhi rent control act and as such the respondent could not have availed two remedies for a single cause of action. he also submitted that no notice for ..... possession and damages as filed by the respondent was incompetent. the appellant also submitted that the respondent trust was also prosecuting an eviction petition under section 22 of the delhi rent control act and as such the respondent could not avail of two remedies for the same (one) cause of action. it was also submitted that no .....
Tag this Judgment!Court : Delhi
Decided on : Sep-12-2003
Reported in : 107(2003)DLT687; 2003(27)PTC391(Del)
..... answer to the question whether the sound of one word resembles too nearly the sound of another so as to bring the former within the limits of section 12 of the trade marks act, 1938, must nearly always depend on first impression, for obviously a person who is familiar with both words will neither be deceived nor confused. it ..... not only of the person seeking to buy under the trade description, but also of the shop assistant ministering to that person's wants.'8. section 2(1)(d) of the trade and merchandise act defines 'deceptively similar' as:'a mark shall be deemed to be deceptively similar to another mark, if it so nearly resembles that other mark has ..... the notice of opposition on 10.9.1990 opposing the registration of the mark, alleging that the same would be contrary to the provisions of sections 9, 11(a), 18(1) and 18(4) of the act. it was averred that the petitioner is met registered proprietor of the trade mark 'duroply', 'durobord', 'duromac', 'duroderby' and 'duroteak' in class .....
Tag this Judgment!Court : Delhi
Decided on : Sep-12-2003
Reported in : I(2004)ACC502; 2005ACJ1017; 2003VIIAD(Delhi)524
..... prospects. it is also submitted that the deceased being only of 37 years of age, the correct multiplier to be applied in terms of second schedule to the motor vehicles act to arrive at just compensation was 16 and the tribunal has thus clearly erred in applying the multiplier of 14. the contention of learned counsel for the respondent-dtc, however .....
Tag this Judgment!Court : Delhi
Decided on : Sep-12-2003
Reported in : 2003CriLJ4724; 107(2003)DLT85; 2003(71)DRJ66; 2003(3)JCC1477
..... for appreciation of evidence. 11. since the property in question was sealed with the object to preserve it for the purpose of appreciating the evidence as envisaged under section 310 cr.p.c, legal and symbolic possession still continues with the petitioners being owners thereof though in actuality they have been dispossessed temporarily because of the preservation of ..... horrified citizens, victims' kiths and kins, near and dear ones. 2. it was one of the worst man made tragedies. investigation revealed gross violation of electricity rules, cinematograph act, building bye-laws, absence of gangways, absence of adequate facility of the exit from balcony, absence of second staircase and absence of any help from staff on duty. ..... cr.p.c relating to disposal of property seized by the police can be extended to the property in question as by the act of cbi the property has virtually been seized by them; (ii)that there is no justification for preserving the property in question as whatsoever was to .....
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