Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No 2109-2110 of 2004 K C Ninan ... Appellant versus Kerala State Electricity Board & Ors. Respondents With Civil Appeal No 2108 of 2004 With Civil Appeal Nos 5312-5313 of 2005 With Civil Appeal No 5314 of 2005 With Civil Appeal No 6587 of 2005 With Civil Appeal No 7303 of 2005 With Civil Appeal No 6579 of 2022 With Civil Appeal Nos 6593-6594 of 2022 With 1 Civil Appeal No 3018 of 2007 With Civil Appeal No 7169 of 2022 With Civil Appeal No 6591 of 2022 With Civil Appeal No 6595 of 2022 With Civil Appeal Nos 6879-6881 of 2022 With Civil Appeal No 6592 of 2022 With Civil Appeal Nos 7103-7104 of 2022 With Civil Appeal No 6828 of 2022 With Civil Appeal No 7064 of 2022 With Civil Appeal No 6590 of 2022 And with Civil Appeal No 3640 of 2022 2 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI Table of Contents A. Overview 4 B. Regulatory Regime 5 C. The position in law 10 D. Issues 14 E. Submissions 15 F. Analysis 25 G....
Tag this Judgment!Court : Karnataka
Date of order 07-02-2017 Co.P.No.57/2012 & connected matters IAE International Aero Engines AG and others Vs.United Breweries (Holdings) Limited R IN THE HIGH COURT OF KARNATAKA, BENGALURU1244 DATED THIS THE7H DAY OF FEBRUARY2017BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI Co.P.No.57/2012 C/W Co.P.No.121/2012, Co.P.No.122/2012, Co.P.No.185/2012, Co.P.No.248/2012, Co.P.No.51/2013, Co.P.No.99/2013, Co.P.No.162/2013, Co.P.No.265/2013 & Co.P.No.148/2016 Company Petition No.57/2012 Between: IAE International Aero Engines AG628Hebron Avenue, Suite 400 Glastonbury Connecticut 06033, USA Represented herein by its Attorney, Mr. Parminder Singh Dadhwal. ... Petitioner (By Mr. Shreyas Jayasimha, for AZB & Partners) And: United Breweries (Holdings) Limited UB City, Level 12, UB Tower 24 Vittal Mallya Road Bangalore 560 001. ... Respondent (By Mr. Udaya Holla, Senior Counsel for M/s. Holla & Holla, Date of order 07-02-2017 Co.P.No.57/2012 & connected matters IAE International Aero Engines AG and o...
Tag this Judgment!Court : Delhi
Reported in : [2000]102CompCas203(Delhi); 74(1998)DLT715; ILR1999Delhi41
Anil Dev Singh, J.1. This is an application whereby the plaintiffs seek to restrain the defendants by means of a temporary injunction from using the trade mark and trade name BAKER or any other trade mark or trade name deceptively similar thereto as their corporate name or as a part thereof. The facts necessary for the disposal of the application are as under: The first plaintiff Baker Hughes Limited (formerly known as Baker International Limited) is a company organized under the laws of United Kingdom. The principal place of business is located in Warwick Street, London. The second plaintiff Baker Hughes Incorporated is a company organized under the laws of Delaware, United States of America. Its principal place of business is located at Housten, Texas (hereinafter, for short, the group of 'Baker' or 'Baker Hughes' companies collectively shall be referred to as 'Baker' or 'Baker Hughes'). The second plaintiff is a parent company of the first plaintiff and is stated to own the trade ma...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1989Raj51; 1988(2)WLN487
N.C. Sharma, J.1.This second appeal is directed by the plaintiff-Company against the decree of the Additional District Judge, Kota, dated May 7, 1976 whereby the decree of the Munsif (South) Kota, dated December 16, 1974, dismissing the suit of the plaintiff-Company for permanent injunction as against the respondent was confirmed.2. Facts leading of the filing of the second appeal are that M/s. J. K. Synthetics Ltd., Kota, is a public limited company, with its factory at Kota. The plaintiff-Company, manufactures nylon yarn in its factory. The nylon yarn manufactured is winded around the metallic cops and the nylon yarn is sent in this state outside municipal Limits of Kota to its customers. According to the plaintiff-Company, the purchasers of nylon yarn after using the yam return the cops to the Company. The returned cops are again utilised for winding up the nylon yarn for re-sale of the yarn. It was pleaded that it is a condition of sale with the customers that they would return the...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.20982 OF2017INDORE DEVELOPMENT AUTHORITY ...APPELLANT (S) SHAILENDRA (DEAD) THROUGH LRS.& ORS. VERSUS WITH ...RESPONDENT (S) SPECIAL LEAVE PETITION (C) No.10742 OF2008YOGESH KUMAR & ORS. ...PETITIONER (S) VERSUS STATE OF MADHYA PRADESH & ORS. ...RESPONDENT (S) WITH SPECIAL LEAVE PETITION (C) No.20920 OF2011SPECIAL LEAVE PETITION (C)Nos.26574-26575 OF2011SPECIAL LEAVE PETITION (C)No.28993 OF2011SPECIAL LEAVE PETITION (C)No.30198 OF2015SPECIAL LEAVE PETITION (C)No.30192 OF2015SPECIAL LEAVE PETITION (C)No.30142 OF20151 SPECIAL LEAVE PETITION (C)No.30128 OF2015SPECIAL LEAVE PETITION (C)No.30203 OF2015CIVIL APPEAL No.4835 OF2015SPECIAL LEAVE PETITION (C)No.25289 OF2015SPECIAL LEAVE PETITION (C)CC No.9842 OF2016SPECIAL LEAVE PETITION (C) No.22356 OF2015SPECIAL LEAVE PETITION (C) No.31678 OF2015CIVIL APPEAL NO.4836 OF2015SPECIAL LEAVE PETITION (C) No.22527 OF2015SPECIAL LEAVE PETITION (C) No.4705 OF2016SPECI...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (2006)5SOT805(Bang.)
The ITA Nos. 881 and 882/Bang./ 2003 have been filed by the revenue and ITA Nos. 895 and 896/Bang./2003 have been filed by the appellant. Since both the appeals arise from the common orders passed by the CIT(A)-V, Bangalore, for assessment year 1998-99 and for assessment year 1999-2000, dated 21-3-2003, all these appeals have been heard together.During the course of hearing of the appeal, the appellant filed paper books for assessment years 1998-99 and 1999-2000. The appellant-company also filed additional grounds and other computations and calculation statements to buttress its contentions in the appeal.Firstly, we shall deal with the appeals filed by the appellant-company in ITA Nos. 895 and 896/Bangd/2003 for assessment years 1998-99 and 1999-2000.Before we proceed with the issues, preliminary objections were raised by the counsel for the Department, Sri E.R. Indrakumar, the relevant portion is extracted hereunder: In relation to the aforesaid appeal, the appellant has filed the pa...
Tag this Judgment!Court : Allahabad
Devi Prasad Singh, J. 1. The petitioner has preferred instant writ petition under Article 226 of the Constitution of India feeling aggrieved with the impugned order passed under Section 25 of the Uttar Pradesh Value Added Tax Act, 2008 (in short VAT Act) after remand of the matter by the Trade Tax Tribunal, Lucknow. The impugned assessment order imposing tax has been assailed pointing out the jurisdictional error claiming transaction to be Inter-State sales. 2. In this bunch of writ petitions, common question of law and facts are involved and the same assessment order has been challenged, hence with the consent of the parties' counsel, arguments were heard and now decided by common judgment. Writ petition No. 6281 of 2010 is treated as leading writ petition to adjudicate the controversy. 3. Keeping in view lengthy argument advanced by the parties' counsel, we are adjudicating the dispute under the following heads: (I) Facts (II) Maintainability of Writ Petition (III) Constitutional and...
Tag this Judgment!Court : Jharkhand
IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (S) No. 6542 of 2014 --- 1.Ranchi Power Distribution Company Ltd., a company registered under the provisions of the Companies Act,1956 and having its Registered Office at Barick Bhawan, Sixth Floor, 8, Chittaranjan Avenue, Kolkata 700072,West Bengal, India. 2.CESC Limited, a company incorporated under the provisions of the Companies Act, 1956 and having its Registered Office at CESC House, Chowringhee Square, Kolkata 700 001, West Bengal. Petitioners Versus 1.Jharkhand Bijli Vitran Nigam Ltd.(Formerly part of Jharkhand State Electricity Board),a company registered under the provisions of Companies Act, 1956 and carrying on business of distribution of electricity under the Electricity Act, 2003 and having its Registered Office at Engineering Building, H.E.C. Dhurwa, PS Hatia, Ranchi 834004, Jharkhand, India. 2.Jharkhand Urja Vikas Nigam Limited (formerly part of Jharkhand State Electricity Board), a company registered under the provisio...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1991)37ITD1a(Hyd.)
1. These are two appeals, one by the assessee and the other by the revenue, against the order of the learned CIT( A). As the issues raised in these appeals are inter-laced and inter-twined with each other, the appeals are disposed of in a common order.2. The assessee, Andhra Pradesh State Civil Supplies Corporation Ltd., was initially incorporated as a private limited company on the 31st day of December 1974, but later the word "Private" was deleted under Section 23(1 A) of the Companies Act, 1956, as per the Corporation's communication dated 21-8-1976. Thus, the assessee has become a public limited company in which public are substantially interested in terms of Section 2(18)(a) of the I.T. Act as the State of Andhra Pradesh is the only shareholder. The objects for which the corporation is established are set out in its Memorandum of Association in Clause 3(a). The main objects of the corporation are as follows :- To engage in, promote, improve, develop, counsel and finance productio...
Tag this Judgment!Court : Karnataka
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE15H DAY OF DECEMBER, 2017 PRESENT THE HONBLE MR.JUSTICE B.S.PATIL AND THE HONBLE MRS. JUSTICE B.V.NAGARATHNA W.P.No.4470/2015 (GM-RES) C/W W.P.No.56789/2014 (GM-RES), W.P.No.59460/2014 (GM-RES), W.P.No.59587/2014 (GM-RES), W.P.Nos.53876-877/2015 (GM-RES), W.P.No.27715-716/2016 (GM-RES), W.P.Nos.31838/2016 & 33042/2016(GM-RES), W.P.No.100996/2016 (GM-RES), W.P.No.101879/2016 (GM-RES), W.P.No.103356/2016 (GM-RES), W.P.No.103391/2016 (GM-RES), W.P.No.103417/2016 (GM-RES), W.P.Nos.103517-518/2016 (GM-RES), W.P.No.103519/2016 (GM-RES), W.P.No.103520/2016 (GM-RES), W.P.Nos.103521-522/2016 (GM-RES), W.P.No.103744/2016 (GM-RES), W.P.Nos.103796/2016 & 103978/2016 (GM-RES), W.P.Nos.103797/2016 & 103977/2016 (GM-RES), W.P.Nos.103873-874/2016 (GM-RES), W.P.Nos.103875-876/2016 (GM-RES), W.P.Nos.103877-878/2016 (GM-RES), W.P.Nos.103970-971/2016 (GM-RES), W.P.No.34184/2016 (GM-RES), W.P.No.34185/2016 (GM-RES), W.P.No.34186/2016 (GM-RES), W...
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