Court : Mumbai Goa
..... the copy right in the design. 25. it has come in the evidence of raghunathan (pw-1) that he has always headed the finance and accounts section of the company and it is the marketing section which is concerned with the making of the designs and advertisement of various brands belonging to the company. he states that the designing labels, ..... one year from the date of registration to the controller on the grounds specified under sub-clauses (i) and (ii) of clause (a) of section 51-a(1). under section 19 of the 2000 act the power of cancellation of the registration lies wholly with the controller. on the other hand, an application for cancellation of a design could be ..... the registration and on receipt of the same, have started marketing of their 'sonata brandy' in bottles of a different shape. in my considered view, the defendant has acted bonafidely in the matter. even so far as quantum of damages claimed is concerned, pw-1 has produced a letter dated 24.08.2004 showing the statement of sales .....
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..... for damages. on the other hand, when a writ petition was filed in regard to the said contractual dispute, the issue was whether the secretary (sugar), had acted arbitrarily or unreasonably in staying the operation of the allotment letter dated 26-3-2004 or subsequently cancelling the allotment letter. in a civil suit, the emphasis is on ..... under the terms governing the tender process. 9. suffice it to say that in the matter of award of contracts the government and its agencies have to act reasonably and fairly at all points of time. to that extent the tenderer has an enforceable right in the court which is competent to examine whether the aggrieved ..... 2 resorted to a malafide expedition to cancel the tender process and start a new tender process. it is further pointed out by the learned counsel that the act of the respondent no. 2 is absolutely unconstitutional and smacks favouritism and nepotism which deserves to be quashed and set aside. learned counsel further pointed out that the .....
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..... on levying and collecting fees from the petitioners on tendu leaves and tobacco brought by them in their respective market areas. the substantive part of section 31 of the marketing act lays down two things. it empowers the committee to levy and collect fees from every purchaser and that purchaser must be a purchaser of agricultural ..... v/s the goa agricultural produce market committee, margao. 8. we have considered the submissions of the learned counsel and we have also gone through the records. section 31 of the act of 1963 reads thus : "31. power of market committee to levy fees [and rates of commission (adapt)] [(1)] it shall be competent to a ..... for refund of the amount paid by the petitioners. 3. briefly, it is the contention of the petitioners that on 19.06.1968 the central government extended the maharashtra agricultural produce marketing regulation act, 1963 to goa and coconut was declared as a specified commodity on 23.04.1969. the petitioners started manufacturing coconut oil at its .....
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..... to the private respondents do not come in any of the schemes or categories referred to therein. this is not an exercise to provide houses to economically weaker section or small scale industry or charitable institution or any category notified by the government. hence, on going through the provisions of the code there is nothing to ..... to be rehabilitated in survey no. 379/1 of the same village. it is also their case that the respondents no. 4 and 5 are, in fact, financing the said project and that the said respondents, in collusion with the former office bearers of the temporary managing committee of the comunidade of serula, have played a ..... proceeding to arbitrarily and unilaterally putting up a construction, without taking the comunidade into confidence, is wholly unjustified. the learned counsel further points out that the malafide acts on the part of the respondents no.4 and 5 cannot be condescend and such construction put up by the said respondents deserve to be ordered to be .....
Tag this Judgment!Court : Mumbai Goa
..... refer the parties to arbitration, provided that the arbitrator is competent or empowered to decide the said dispute between the parties. considering the provisions of section 402 of the companies act, the clb has wide powers to give various reliefs in the wake of allegations of oppression and mismanagement made against the majority shareholders. 18. a ..... arbitration agreement between the parties and even if, the dispute is covered by the arbitration agreement, the court/judicial authority will refuse the application under section 8 of the arbitration act, if the subject matter of the dispute is capable of adjudication only by a public forum. 20. in my considered view, having regard to the ..... counsel for the respondent has placed reliance on the judgment of the hon'ble supreme court in the case of booz allen and hamilton inc. vs. sbi home finance limited and others, reported in (2011) 5 scc 532, and in particular paragraphs 35 to 37 thereof. reliance is also placed on the judgment dated 21. .....
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..... the suit premises and resistance to the installation of the blower and the chimney were directed in that regard. however, the application under consideration nowhere made any reference to any act on the part of the respondent no.1 to seek his ouster nor is it borne out from the records of the file. the application was supported by a letter .....
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..... petitioner cannot now turn around to challenge the same. it was denied that the provisions of goa, daman and diu buildings (lease, rent and eviction) control act, 1968 (the rent control act, for short), are applicable to the suit premises. it was contended that no reasons have been shown for raising such ground belatedly and which would cause irreparable ..... the learned counsel in this regard has placed reliance on the decision of this court in the case of vastu invest and holdings pvt. ltd. vs. gujarat lease financing ltd., 2001(2) all mr 322. it is next submitted that none of the grounds sought to be raised now, were raised before the learned arbitrator. it is ..... in the application. the learned counsel pointed out that the respondent had not taken any objection to the jurisdiction of the learned arbitrator in terms of section 16 of the arbitration act and thus, the said grounds cannot be allowed to be raised at this stage. it is submitted that the learned principal district judge failed to .....
Tag this Judgment!Court : Mumbai Goa
..... to the petitioners the application was within time. the learned district judge accepted the said explanation of the petitioners and proceeded to decide the objection under section 34 of the arbitration act, 1996 thereby setting aside the award passed by the arbitrator. considering the said averments, we find that the contention of mr. rao, learned counsel ..... a citizen is not required to go to the alternative remedy provided under section 17 of the act. in the case before us neither the writ petitioner nor her predecessor had ever secured the property in favour of the idbi home finance ltd. and as such, its act was on the face of it was without jurisdiction. 12. therefore, ..... , who was undisputedly the owner of the property. the idbi home finance ltd., as it appears from record, on the basis of an agreement with two persons, viz. goutam kumar bose and bharati rani bose, exercised its alleged right under section 13 of the act although by virtue of such agreement no such right accrued in its .....
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..... is an allegation made in the complaint that the respondent has been convicted atleast on two occasions on similar charges and therefore, framing of charge under section 135(2) of the customs act cannot be said to be illegal. but, the complaint disclosed that this was not the only allegation. the other allegation related to export of currency in ..... found to be proved by the prosecution, there would not be any question of recording any finding of guilt of the accused for an offence punishable under section 135(2) of the customs act. the discussion regarding defect in the charge thus, now, has become of academic nature having no bearing upon the merits of the case. 7. ..... it is seen from the evidence of c.a.b. rebello (pw-1) that he had produced on record one order dated 26,27.10.2005 passed by the joint secretary, government of india, ministry of finance .....
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..... and property. it is clear that the tree by itself is not in dangerous or ruinous condition. the requirement of exercise of power under section 12-a of the goa, daman and diu preservation of trees act, 1984 is that the tree in question must be in a ruinous state or its branches should be in a ruinous state or the tree .....
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