Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: delhi Year: 2003 Page 9 of about 294 results (0.061 seconds)

Dye Stuff Manufacturers Vs. Govt. of India (Ministry of

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(90)ECC607

..... by both the sides. it is, again, undisputed-and indisputable-that any erroneous determination of normal value under the anti-dumping rules read with section 9a(1)(c) of the customs tariff act would be the first and crucial ground of challenge against any finding of dumping recorded on the basis of such determination. therefore, in the instant ..... market price of the goods provided by m/s. basf, which was significantly lower than the prices reported by the trade journal; (vi) that the authority acted in violation of rule 8 or the anti-dumping rules by not examining the accuracy of the data furnished by the domestic industry; (vii) that the authority ..... april to july 1999 (4 months out of the 9-month period of investigation), the authority should not have initiated investigation at all; (ii) that the authority acted contrary to natural justice as well as rule 7 of the customs tariff (identification, assessment and collection of duty or additional duty on dumped articles and determination of .....

Delhi Administration Through Directorate of Social Welfare Vs. Presidi ...

Court : Delhi

Reported in : 2003VIAD(Delhi)528; 108(2003)DLT119; (2004)ILLJ910Del; 2003RLR112; 2004(2)SLJ350(Delhi)

..... services and equalization of opportunities for persons with disabilities; and(vi) to make special provision of the integration of persons with disabilities into the social mainstream.' section 47 of the act mandates as under:-'47. non-discrimination in government employments._ (1) no establishment shall dispense with, or reduce in rank, an employee who acquires a ..... mere fact that the employees are piece rated, does not deprive them of the benefits of the provisions of the minimum wages act. sections 17 and 26 of the minimum wages act, 1948 read as follows:'17. minimum time rate wages for piece work. - where an employee is employed on piece work for which minimum time rate ..... , 1985 framed the following issues:1. whether the management is an industry within the meaning of section 2(j) of i.d. act ?2. whether the petitioner is a workman within the meaning of section 2(s) of the i.d. act?3. whether there is relationship of employer and employee between the parties?4. whether the application .....

Super Cassette Industries Limited Vs. Bathla Cassette Industries Pvt. ...

Court : Delhi

Reported in : 2003VIIIAD(Delhi)572; 107(2003)DLT91; 2003(27)PTC280(Del); 2004(1)RAJ69

..... s similar sounding version is also an infringement of the original record not entitled to a protection which culminates in an enforceable right by relying on section 52(1)(j) of the act.21. it is not in dispute that alterations have been made by the plaintiff in producing its sound recording. the plaintiff has sought to ..... creation of the original track of the musical works. the relevant averments in the plaint read as under:'6. that while making the said records under section 52(1)(j) of the copyright act, the plaintiff company engages musicians, singers and musical conductors, etc. and re-record-create the original music track of the musical works. the singers ..... by way of royalties and the manner of payment.' 12. the dispute involved in the present suit thus necessarily involves the consideration of proviso to section 52(1)(j) of the act which reads as under:'provided that in making the records such person shall not make any alterations in, or omissions from, the work, unless recording .....

Corning, Incorporated and ors. Vs. Raj Kumar Garg and ors.

Court : Delhi

Reported in : 2004(73)DRJ649; [2004]54SCL378(Delhi)

..... developed good will and trade reputation in respect thereof. the registration of the two ribs as a 'design' in favor of defendants is directly hit by section 4 of the designs act, 2000 which prohibits registration of a design which is not new or original or has been disclosed to the public anywhere in india or in any other ..... or any combination thereof upon any goods which is capable of distinguishing the goods so as to connect them with the proprietor of the trade mark.13. section 2(d) of the designs act, 2000 defines a design as under: 'design' means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any ..... or without any indication of the identify of that person, and includes a certification trade mark registered as such under the provisions of chapter viii;'12. section 2(2)(b) of tmm act further says that unless the context otherwise requires, any reference to the use of a mark in relation to goods shall be construed as a reference .....

Steri Mould (P.) Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)88ITD78(Delhi)

..... officer is erroneous but is not prejudicial to the revenue or if it is not erroneous but is prejudicial to the revenue - recourse cannot be had to section 263(1) of the act. the provision cannot be invoked to correct each and every type of mistake or error committed by the assessing officer, it is only when an order ..... cit [2000] 243 itr 83.5. it was further slated that the said amount cannot be brought to tax as a casual and non-recurring receipt under section 10(3) of the act.it was also submitted that casual receipts are such receipts, which are received by chance and the receipts received by assessee are not received by chance. the ..... nature, therefore, they held that the orders of the assessing officer were erroneous insofar as they are prejudicial to the interests of revenue. therefore, notices under section 263 of the income-tax act were issued to these two assessees. detailed replies were filed and reliance was placed on various case laws. some of the cases on which the reliance .....

Ss Builders Vs. Smt. Sita Rani Ahuja

Court : Delhi

Reported in : 2003VIIAD(Delhi)302; 106(2003)DLT538

..... his cause. there is no presumption that delay in approaching the court is always deliberate. this court has held that the words 'sufficient cause' under section 5 of the limitation act should receive a liberal construction so as to advance substantial justice vide shakuntala devi jain v. kuntal kumari : [1969]1scr1006 and state of w.b ..... nath sao alias ram nath sahu and others vs . gobardhan sao and others, : [2002]2scr77 while considering the expression 'sufficient cause', within the meaning of section 5 of the limitation act. after referring to the judgment in state of west bengal vs . administrator, howrah municipality, : [1972]2scr874a it was observed that the expression 'sufficient cause ..... given by the plaintiff for non appearance at the hearing on 5.8.1999 and whether sufficient cause is shown within the meaning of section 5 of the limitation act for condensation of 355 days delay in filing the restoration application. 12. in the application the counsel for the plaintiff has taken the .....

Bec Foods Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(90)ECC680

..... claim for the rebate of duty paid on materials used in the manufacture of goods cannot be claimed as such under the provisions of section 11b of the central excise act or under section 27 of the customs act as specific provisions have been made in this regard subject to the conditions stipulated in rule 12 of the central excise rules, 1944 and ..... been exported and they could not claim 'duty draw back' on the inputs. the contention of the learned sdr is correct that no refund of duty under section 11b of the act is involved as it is a case of export of finished goods in the manufacture of which duty paid packing material was used. for claiming such duty back ..... that in the present matter the duty is being claimed as refund as goods had been exported and accordingly the refund claim is hit by time-limit specified in section 11b of the act.6. we have considered the submissions of both the sides. the refund claim has been made on the ground that the duty paid empty packing materials were used .....

Tilak Ram (Since Deceased) Vs. Z.U. Siddiqui and ors.

Court : Delhi

Reported in : 2003VIIAD(Delhi)262; 107(2003)DLT565

..... implemented. wherever two or more understandings or interpretations are reasonably possible, it is wholly inappropriate for the court to press into use the powers contained under the contempt of courts act. 8. the following paragraph in jhareswar prasad paul and another versus tarak nath ganguly and others : 2002crilj2935 is of great instructive value:- ''the purpose of contempt jurisdiction is to uphold ..... courts of law are the greatest guarantee to an ordinary citizen and the democratic fabric of society will suffer if respect for the judiciary is undermined. the contempt of courts act, 1971 has been introduced under the statute for the purpose of securing the feeling of confidence of the people in general for true and proper administration of justice in the .....

M/S. Misuki Exports Pvt. Ltd. Vs. Proprietor/Manager, M/S. Com-sys-inc

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

..... if it is satisfied that there was sufficient cause for not filing the same within the above said period. the words sufficient cause occurring in proviso to section 15 of the act, are of utmost significance. as per settled law, culled out from various judicial decisions, the above expression sufficient cause, though deserves to receive a liberal ..... the question of admission of the present appeal and have also carefully gone through the documents/material on record. in terms of the provisions contained in section 15 of the act, a person, aggrieved by an order, made by the district forum, can prefer an appeal against such order to the state commission within a ..... appeal, briefly stated, are that the appellant m/s. misuki exports pvt. ltd. through its director shri shyam sunder verma had filed a complaint under section 12 of the act before the district forum, averring therein that appellant was a reputed business concern, engaged in the business of export of readymade garments. it was stated .....

Jay YuhshIn Ltd. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (2003)(90)ECC308

..... order relating to this issue, before the issue of show cause notice. the ld. counsel therefore, pleads that there is no case of imposition of any penalty under section 11ac of the act in this case relating to this portion of the duty demand.20. we have carefully considered the arguments advanced by the ld.counsel. it is true that the ..... 8479.90.18. the learned counsel has also pleaded that there is no suppression etc. to warrant issue of demand by invoking larger period of limitation contained in section 11a of the act. keeping in mind the fact that we have over-ruled the classification under heading no. 84.15 it is not necessary to examine the aspect of limitation since ..... differential duty of rs. 1,99,60,142 for the period from 1994-95 to 1997-98. the notice invoked the extended period of limitation under proviso to section 11a of the act by alleging suppression of facts on the part of the applicants.4. the notice also sought to include the cost of free supply items supplied by mul, in .....