Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Year: 2003 Page 31 of about 486 results (0.150 seconds)

Faber-castell Aktiengesellschaf(Sic), a Company Organised Under the La ...

Court : Mumbai

Reported in : 2003(4)ALLMR139; 2003(6)BomCR65; 2003(4)MhLj264; 2003(27)PTC538(Bom); [2003]45SCL362(Bom)

..... not a design as defined in clause (b) of clause 2 of the proposed legislation, the provision contained in sub-clause (b) of sub-section (1) of section 51a of the existing act is proposed to be amplified in order to consider the prior publication on global basis instead of regional basis, i.e. in india.the said ..... registration. the plaintiffs are, therefore, not entitled to an injunction on the ground of infringement of the design in view of the provisions of section 19 read with section 21 of the designs act, 2000. the learned counsel for the plaintiffs at one stage disputed the fact of publication of the design in india and abroad on the ..... is not significantly distinguishable from non designs or combination of non-designs or comprises or contain scandalous or obscene matter.clause 5.--this clause corresponds to section 43 of the existing act and deals with application of registration of designs. the existing clause has been modified in order to register any design which is new or original .....

Dhawal S. Chotai Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : AIR2003Bom316; 2003(3)ALLMR403; 2003(5)BomCR41; 2003(4)MhLj698

..... . sidhwa for the petitioner, on the other hand, pointed out to us as to what is the nature of the problem. section 1(2)(e) of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 ('the act' for short) defines 'cerebral palsy' to mean a group of non-progressive conditions of a person characterised by abnormal motor control ..... the people with disabilities in the asian and pacific region held at beijing in december 1992. the act makes the provisions which are principally for appropriate opportunities in the matter of employment. chapter v of the act makes beneficial provision in the matter of education. section 27 directs the appropriate government and local authorities to make schemes and programmes for non-formal education .....

Prithviraj Ambalal Patel Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2003(2)ALD(Cri)9; III(2003)BC613; 2003BomCR(Cri)1713

..... for enhancing punishments for the offenders and finally, it is said that the bill seeks to achieve the above object. 19. after section 142 of the principal act, section 143 has been inserted, which runs as under : 'section 143 : power of court to try cases summarily (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 ..... petition no. 534 of 2003 has filed a private criminal complaint (scc no. 100 of 1999) on 16.2.1999 for offence punishable under section 138 of the negotiable instruments act. the same is pending before the chief judicial magistrate, aurangabad and practically ripe for hearing. 8. the petitioner in criminal writ petition no. 535 ..... writ petition no. 43/2003 has filed a private criminal complaint (rcc no. 409 of 1989) on 1.9.1989 for offence punishable under section 138 of the negotiable instruments act. now this case is renumbered as scc no. 975 of 1996, which is pending before the chief judicial magistrate, aurangabad and practically ripe for .....

Shobha Anil Londase Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2003(2)ALD(Cri)122

..... is/are revealed. further rule 25(iii) provides for prosecution of the jail officer under section 54(1) of the prisons act in case of striking a prisoner, except in self defence or to suppress an outbreak, or unlawfully punishing any prisoner and further under clause (vi) ..... of clause (i) of rule 24 provides that the members of the jail staff would be liable to be prosecuted under section 54(1) of the prisons act, 1894 if any offences under section 42 of the prisons act relating to the introduction of or supply to prisoners of forbidden articles, unauthorised communication with prisoners and abetment of such offences ..... of disputes by compromise the evils arising out of family feuds etc. and no female roles should be enacted in the dramas to be performed in the male section of a jail. clause (b) of rule 12 thereof provides that no outsider should be allowed to take any part in any capacity in any such dramatic .....

M.Ambalal and Co. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)(159)ELT944Tri(Mum.)bai

..... basis of these statements and other documents, notice was issued to m. ambalal & company and the other persons concerned proposing confiscation of the diamonds under clause (d) of section 111 of the act and imposing penalties on various persons concerned. on adjudication, the collector ordered confiscation of the diamond with an option to redeem them on payment of fine of rs. 60 ..... . the supreme court took the view that the definition of "dutiable goods", contained in section 2(14) of the act was somewhat different from the definitions of "excisable goods" contained in section 2(d) of the central excise act and said that "with regard to section 2(14) of the customs act 'the expression' "chargeable to duty and on which duty has not been paid" indicates .....

Shri Mulraj Jayantilal Sheth Vs. the Governor, Reserve Bank of India a ...

Court : Mumbai

Reported in : AIR2003Bom318; 2003(3)ALLMR406; I(2004)BC43; 2003(6)BomCR82; 2003(4)MhLj44; [2004]50SCL97(Bom)

..... when they cannot maintain bank's self-determined minimum balance. the aforesaid prayers are sought in view that rbi is regulatory authority for the banks under section 35-a of the banking regulation act, 1949 and it has authority to decide interest rates and banking policy in the interest of public and depositors.2. mr. m.b. kotak ..... is the act to consolidate the law relating to banks and to provide nature of transactions that can be carried on by the banks in india. since the entire thrust of the petitioner's argument is based on sections 5(ca) which defines banking policy and section 35-a that deals with the power of rbi, we ..... and fiscal expertise. the experts who are qualified to address the issue relating to interest rate on bank deposits take into consideration the norms and parameters suggested in section 5(ca). on matters affecting policy and those requiring expertise, the court should show deference to interfere unless such policy is contrary to statutory provisions, arbitrary or .....

Mrs. Sheila Mahendra Thakkar Widow of Late Shri Mahendra Naranji Thakk ...

Court : Mumbai

Reported in : 2003(5)BomCR491; 2003(27)PTC501(Bom); [2003]47SCL290(Bom)

..... therefore, according to mr. kapadia, the respondent is entitled to sue and succeed against the appellant in an infringement action. mr. kapadia referred to section 28(1) of the act which gives the registered proprietor an exclusive right to use to registered trademark and to obtain relief for infringement in relation to goods in respect of which ..... and business of each other. pursuant to the said decision and in order to obtain permission of the registrar of trade marks as required under section 39 of the trade and merchandise mark act, 1958, the parties prepared an agreed draft of deed of dissolution, inter alia, allotting 9 qualities each respectively to the appellant and respondent ..... the trade mark is registered. he also referred to section 29(1) which provides that the use of an identical trade mark is an infringement. he then referred to section 30(1)(d) of the act which protects the registered proprietor who uses a registered trade mark from being sued for .....

Terna Shetkari Sahakari Sakhar Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)(159)ELT777Tri(Mum.)bai

..... to give it relief in taxation that it did not claim. this is all the more so in view of the fact that by the amendment made by the finance act to section 43 of the income tax the definition of "actual cost" of assets has been restricted as not to include in it the excise duty claimed as modvat. the only ..... by itself result in the modvat credit attract the provisions of sub-rule (5) of rule 57r prohibiting it to be taken, depreciation is claimed for the income tax act. it said that such a practice would result in the assessee being denied both the depreciation as well as modvat credit. it is only in those cases where depreciation was ..... the commissioner of central excise.aurangabad denied the credit availed by the assessee under rule 57q of the duty paid on capital goods under the provisions of the income tax act and thus contravened the express provisions of rule 57t the commissioner also imposed penalty. the assessee appealed this order to the tribunal. the tribunal in its orders passed on .....

A.S. Moloobhoy and Sons, DolphIn Vs. Commissioner of Customs (Adj)

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... were fully functional and would not be part of repair. notice also invoked the extended period of limitation contained in the proviso under sub-section (1) of section 28 of the act on the ground that the importer had wilfully misdeclared that the goods were for repair. another ground for extended period of limitation in the ..... and comply with the requirement of the global maritime distress and safety system, 1999. accordingly, the central government in exercise of its power in section 296 of the merchant shipping act, 1958 and the merchant shipping (distress and safety radio communication) rules 1995 made these rules apply to all sea going passenger, cargo and fishing ..... required before the extended period can be invoke the irrelevant. the proviso relating to the extended period under section 21 of the customs act is similarly worded as the proviso under section 11a(1) of the central excise act. in the absence of anything to show that the importers, knew or had reason to believe that the .....

Saurabh Kalani Vs. Tata Finance Ltd.

Court : Mumbai

Reported in : 2003(4)ALLMR117; 2003(3)ARBLR345(Bom); I(2004)BC443; 2003(5)BomCR844; 2003(4)MhLj810; [2003]46SCL678(Bom)

..... ltd.'s case (supra). that was the case where the court was considering the question whether the well-established principles of law incorporated in section 9 of the carrier act are applicable in a proceedings before the consumer disputes redressal agency, particularly the national commission. the court noted from the conspectus of views taken ..... regard to the judicial interpretation of the word 'suit', it is difficult to accede to the submission of the appellants that the word 'suit' in section 22(1) of the act means anything other than some form of curial process.26. apart from the semantic difference between the words 'suit' and 'proceeding' there is the ..... disclose these facts to the parties. if he fails to disclose these facts, then his award would be liable to be successfully challenged.3. section 12 of arbitration & conciliation act, 1996 provides that when a person is approached in connection with his possible appointment as an arbitrator, he shall disclose in writing any circumstances .....