Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Year: 2003 Page 36 of about 486 results (0.057 seconds)

Zee Telefilms Ltd. and Film and Shot and anr. Vs. Sundial Communicatio ...

Court : Mumbai

Reported in : 2003(5)BomCR404; 2003(3)MhLj695; 2003(27)PTC457(Bom)

..... other than through the plaintiffs, it being the plaintiffs' original ideas, concepts, thoughts and expressions, with the copyright vesting in them in terms of section 13 of the copyright act, 1957. in fact, when the plaintiffs specifically asked whether a nondisclosure agreement would be entered into, ms. vinta nanda categorically stated that it was not ..... whom the authorship of the original work vests. in this regard, reference may be made to section 17(c) of the copyright act, 1957, which reads as follows:- '17. first owner of copyright - subject to the provisions of this act, the author of a work shall be the first owner of the copyright therein: (c) ..... to sustain audience curiosity and interest. his serial therefore emphasizes the natural over super natural. it seeks to convey the message that one should do ones deeds, act by himself / herself and not look to divine help. the plaintiffs pilot and concept, does exactly the reverse.7. mr. sundaram, learned senior counsel appearing for .....

Barron International Vs. Commissioner of C. Ex. and Cus.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)(161)ELT540Tri(Mum.)bai

..... ) or where such goods are not sold to such dealers, to dealers (being related persons), who sell such goods in retail --".54. the definition of a manufacturer under section 2(f) of the act at the material time included any person who engaged in the production or manufacture of excisable goods and also one who hired labour in the production or manufacture ..... of such goods.55. the charge in the show cause notice does not claim relationship in terms of section 4 of the act, between jre and bil but makes out bil as the manufacturer denying the independent existence of jre by calling them a dummy.56. as against the charge in ..... .o.i [1988 (38) e.l.t. 535 and 1989 (39) e.l.t. 493] where the job worker was held to be the manufacturer in terms of section 2(f) of the act and the basis of assessment of the goods cleared by him to the principal manufacturer was determined as the sum total of cost of raw materials, cost of .....

The New India Assurance Co. Ltd. and ors. Vs. Hanil Era Textiles Ltd.

Court : Mumbai

Reported in : 2003(3)ALLMR678; 2003(4)BomCR41

..... in slightest manner the principles laid down in the above said judgments.16. in the opinion of this court the present appellants also cannot derive any advantage to section 14 of the limitation act as in the opinion of this court the appellants have dis-entitled themselves of such a relief when inspite of there being office objections raised as regards maintainability ..... general accident fire & life assurance corporation ltd. v. janmahomed abdul rahim reported in . their lordships and the privy council while dealing with the aspect of limitation specifically observation that 'limitation act ought to receive such aconstruction as the language in its plain meaningimports. the rule must be enforced even at therisk of hardship to a particular party. the judgecan not, on .....

Essar Steels Limited Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)(156)ELT42Tri(Mum.)bai

..... sub-rule (2) of rule 9 and in particular/ clause (a) thereof reads as under : "(2) for the purposes of sub-section (1) and sub-section (1a) of section 14 of the customs act, 1962 (52 of 1962) and these rules, the value of the imported goods shall be the value of such goods, for delivery at ..... said decision. their lordships have categorically held that the price at which the imported goods are ordinarily sold should be the basis for valuation under section 14(1) of the act. ordinarily demurrage is not payable. only in extraordinary circumstances where delay in discharging the goods from the ship occurs, demurrage becomes payable. such extraordinary ..... circumstances are not falling within the purview of section 14(1) of the act.panchmahal steel ltd. v. collector of customs - 1998 (101) e.l.t. 399 (tribunal) look the view that demurrage charges, which are paid .....

Ramesh S/O Uttamrao Bhanapure Vs. Anjanabai W/O Gopalrao Bhanapure (De ...

Court : Mumbai

Reported in : (2003)105BOMLR745

..... the relevant paragraph of the apex court judgment reported in : [1999]236itr380(sc) (supra). paragraphs 6, 7, 8, 9 and 10 are reproduced below :para 6 : section 6 of the h.m.g. act reads as follows :6. the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's ..... of that mother had no right to bequeath the minor's property to defendant no. 1 anjanabai. the trial court also held that in view of section 8 of the hindu minority and guardianship act, the minor's property could not be sold without the previous permission of the court and, therefore, in the absence of permission being obtained from the ..... the conclusion that the gift deed dated 2.9.69 executed by the mother of ramesh sushilabai in favour of defendant no. 1 was void, as section 6 of the hindu minority and guardianship act specifically lays down that in respect of a minors the father is the natural guardian first during his lifetime and, thereafter, the mother would become the .....

Essar Steels Limited, Shashi N. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... sub-rule (2) of rule 9 and in particular, clause (a) thereof reads as under: "(2) for the purposes of sub-section (1) and sub-section (1a) of section 14 of the customs act, 1962 (52 of 1962) and these rules, the value of the imported goods shall be the value of such goods, for delivery at ..... said decision. their lordships have categorically held that the price at which the imported goods are ordinarily sold should be the basis for valuation under section 14(1) of the act. ordinarily demurrage is not payable. only in extraordinary circumstances where delay in discharging the goods from the ship occurs, demurrage becomes payable. such ..... extraordinary circumstances are not falling within the purview of section 14(1) of the act.panchmahal steel ltd. v. collector of customs - 1998 (101) elt 399 (tribunal) took the view that demurrage charges, which are paid on account .....

Jagmohan Singh Gujral Vs. Satish Ashok Sabnis and anr.

Court : Mumbai

Reported in : 2003(3)ALLMR488; 2004(1)ARBLR212(Bom); 2004(1)BomCR307

..... be so, can it be contended that the claim barred by limitation can be the subject matter of an award by the arbitral tribunal. under section 43 of the act, the limitation act, 1963 shall apply to arbitrations as it applies to proceedings in court. in other words, the claims which are barred by limitation before the courts ..... , or the terms of the contract results in violation of public policy is totally untenable. the contention that the arbitrator has awarded amounts contrary to section 55 of the contract act cannot be a matter of public policy.'13. a perusal of the judgment in hindustan petroleum corporation limited (supra), would show that those were the ..... the requirement of giving reasons. any other manner of reading the expression to give reasons would defeat the mandate of law as contained in section 31(3) of act of 1996. parliament, under the act of 1996, has mandated the tribunal to give reasons unless the parties themselves agree that no reasons can be given. therefore, every award .....

Mrs. Suprabha Bhupesh Sen Vs. the State of Maharashtra, Through the Se ...

Court : Mumbai

Reported in : 2003(2)ALD(Cri)87; 2003BomCR(Cri)1412; 2003CriLJ3502; 2003(4)MhLj450

..... amount ofrs. 5,58,500/- concealed in the cavities made in thesandals worn by her and in the hand baggage. herstatement was recorded under section 108 of customs acton the same day and thereafter the order ofdetention was clamped upon her. the detentionauthority also noted n the aforesaid statement ofthe ..... exchange.the detention order is based on two facts,namely, smuggling of goods with a view to preventher in future from smuggling the goods; andsecondly, acting in any manner prejudicial to theconservation of foreign exchange. the counsel forthe petitioner relied upon 'merrian webster'scollegiate disctionary, 10th edition', where the word'conservation ..... of foreignexchange. our attention was drawn by the counselfor the petitioner to the various provisions of thecofeposa act and she contended that even if theaforesaid act may fall in the definition of offencesunder different acts, carrying indian currency doesnot at all affect the conservation or augmentationof foreign exchange.the learned a.p .....

Manmohan Muttappa Attavar, Vs. Harendra Sakarlal Parikh,

Court : Mumbai

Reported in : 2003(3)ALLMR98; 2003(6)BomCR423

..... relief he seeks, subject to, however, to any rule made under section 9 of the suits valuation act and the court has no power to interfere with the plaintiff's valuation. naturally because of these observations in the judgment to which a reference was made ..... the high court. in smt. sheila devi v. shri krishna lal karla , that was a decision be based on the provisions of clause (iv) of section 7 of the court fees act, which gives the right to the plaintiffs in any of the suit mentioned in the clauses of that paragraph to place any value that he likes for the ..... office and branch. in spite of this statement it should be borne in mind that in the circumstances whether complete control is exercised over the activities of a subsidiary section, the management may, and often does, consider it in the light of mere department. these observations definitely indicates that accounting between the branches of firm ultimately for the .....

Astt. Cit Vs. Omprakash and Co.

Court : Mumbai

Reported in : (2004)87TTJ(Mumbai)183

..... enhanced work-in-progress due to undisclosed cost of construction. this addition has been made consequential to the addition of rs. 72 lakhs made under section 69d of the act. according to the assessing officer borrowed funds have been taken for business purposes. he, therefore, presumed that they have been utilized towards construction activity ..... and her findings are, therefore, upheld.61. the next important issue for consideration is whether the addition can be made under the provisions of section 68 of the act. this issue was not before the commissioner (appeals), therefore, she has not considered this issue. she has, however, agreed with the assessing ..... the department has not brought any further evidence on record to rebut the statements given by both the parties.46. regarding the addition made under section 69d of the act, the learned counsel relied on the findings of the learned commissioner (appeals) and contended that the learned commissioner (appeals) has deleted the addition .....