Court : Supreme Court of India
Decided on : Oct-26-1998
Reported in : AIR1999SC22; JT1998(7)SC243; 1998(5)SCALE655; (1998)8SCC1; [1998]Supp2SCR359
..... by the appellant in the high court as the said suit could not be treated to constitute, in any manner, 'proceedings' under the act. moreover, the application for amendment, by which the relief relating to infringement of trade mark was sought to be added in the plaint was still pending and unless that ..... legislation brought on the statute book was the indian merchandise marks act, 1889 (act no. 4 of 1889). this was followed by the trade marks act, 1940 (act no. 5 of 1940). both these acts were repealed by the trade & merchandise marks act, 1958. this act follows the pattern of trade marks act, 1938 of the united kingdom. prior to ..... registration problem was tackled by obtaining a declaration as to ownership of a trade-mark under the indian registration act, 1908. the present act which, as pointed out above, has repealed the indian merchandise marks act, 1889 and trade marks act, 1940, also provides in section 129 that any document declaring or purporting to declare the ownership .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-03-1998
Reported in : JT1998(7)SC404; 1999(1)KLT331(SC); RLW1999(2)SC227; 1998(6)SCALE19; (1999)5SCC590; [1998]Supp2SCR514
..... to examine the claim regarding land interspersed with plantation crops. it was on that account the question had been remanded to state land board for determination. but after the act was amended by amending act 27 of 1979 w.e.f. 7.7.1979 taluk land board was also empowered to examine the claim in question. taluk land board, therefore, could rightly go ..... this court in gopal prasad sinha vs . state of bihar : 1971crilj420 . this case arose out of criminal prosecution, the accused was tried on a charge under section 409 ipc for having committing criminal breach of trust for rs. 27,800/-during the period between january 31, 1960 to november 30, 1960, when he was ..... the section.' 6. as to what is 'rested area', reference may be made to (1) tea encyclopedia of the indian tea associates, scientific department (2) tea planting in ceylon by e.c. elliot and f.j. whitehead and (3) indian tea by claud bald. resting of tea is part of tea plantation. certain areas in tea plantation are rested temporarily .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-09-1998
Reported in : 1998VIIIAD(SC)165; AIR1999SC166; 1999(1)BLJR255; JT1998(7)SC478; 1998(6)SCALE71; (1999)1SCC705; [1998]Supp2SCR583
..... on 26.1.50. between the states were clearly made subject to alteration by parliamentary legislation.(i) constitutional amendments 1955, 1956 and the bihar & west bengal (alteration of boundaries) act, 1956:19. by the constitution (fifth amendment) act, 1955, the proviso to article 3 was substituted by a new proviso which read as follows:'provided that no ..... .'20. the words 'specified in part a or part b of the first schedule, were omitted by the constitution (seventh amendment) act, 1956. by virtue of the said seventh amendment act, 1956, article 1(2) was amended as 'the states and territories thereof shall be as specified in the first schedule'. the first schedule was also simultaneously ..... but the map prepared under section 3(4) being an official one, raised only a reputable presumption of correctness in view of section 114 of the indian evidence act. this point was supported by the note of the surveyor-general to the effect that he did not verify the topography; (7) assuming that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-10-1998
Reported in : 1999(1)BLJR250; JT1998(7)SC527; 1998(6)SCALE96; (1999)1SCC482; [1998]Supp2SCR612; 1999(2)SLJ39(SC); 1999(1)LC228(SC); (1999)1UPLBEC314
..... petitioners (ecos). the reason for this is that the petitioners have been treated as a separate source of recruitment for the central reserve police force, 1955 after their amendment. no question of reservation as such is involved in the recruitment of the petitioners. once they are recruited, the next question is the seniority and pay they ..... that rule 8(b)(i) of the crpf rules only governs the seniority as between army officers inter se, army officers and re-employed army officers inter se, indian police service officers inter se, and non-army and army officers of equivalent rank inter se. the expression 'rank' in this rule means the rank in crpf. ..... to the issue is necessary. the central reserve police force (for short 'crpf'), with which we are now concerned, came into existence under the central reserve police force act, 1949. the crpf rules were framed in the year 1955 to deal with various matters. rule 105 related to appointment and promotion of superior officers. by notification no .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-11-1998
Reported in : 1998(2)ARBLR716(SC); JT1998(8)SC74; (1999)122PLR174; 1998(6)SCALE173; (1999)1SCC63; [1998]Supp2SCR660; 1999(1)LC241(SC)
..... learned senior counsel for the respondent-state vehemently submitted that as per section 24 of the u.p. civil laws (reforms and amendment) act, 1976, paragraph 7-a was inserted in the first schedule to the arbitration act, 1940 which barred the power of the arbitrator in granting more than 6 per cent interest on the awarded amount and, therefore ..... for the appellant that the claims regarding cutting of hard rock were wrongly granted, cannot be made subject matter of an objection under section 30 of the arbitration act which could have been agitated for getting any reduction of the amount as awarded by the arbitrator. it was a question purely on merits of the award ..... . he further submitted that interpretation of clause 1.9 by the arbitrator could not have been made a subject matter of objections under section 30 of the arbitration act.7. in view of the aforesaid rival contentions, the following points arise for our determination :-(1) whether the award of interest prior to the date of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-1998
Reported in : 1998VIIIAD(SC)371; AIR1998SC235; 1999(1)BLJR10; [1999]235ITR131(SC); JT1998(8)SC49; (1999)IIMLJ15(SC); 1998(6)SCALE184; (1999)1SCC10; [1998]Supp3SCR5; [1999]112STC185(SC)
..... investment in bottles, crates, electrification and tools was an investment in 'plant' and, therefore, it was also a 'fixed capital investment'. the company, therefore, amended the writ petition and challenged that part of the decision of the district level committee which was against it.3. the high court after considering that under the deferment ..... the ministry of industry (department of industrial development) dated 2.4.1991 and 1.1.1993 issued under section 11-b of the industries (development & regulation) act, 1951. notification no. 232 dated 2.4.1991 while stating what has to be included under fixed assets while ascertaining whether a small-scale industrial unit's ..... existing industrial units going for expansion that the state government in exercise of the powers conferred by sub-section (1) of section 58 of the bihar finance act, made the deferment rules. an examination of these discloses that they provide for deferred payment of sales-tax in respect of sale of goods manufactured by .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-19-1998
Reported in : AIR1999SC504; 1999(1)ARBLR1(SC); (1999)1CompLJ13(SC); JT1998(8)SC85; 1999(2)KLT25(SC); (1999)IMLJ62(SC); (1999)121PLR842; 1998(6)SCALE197; (1999)1SCC1; [1998]Supp3SCR42
..... cost of expenses of the arbitration was reiterated. the first respondent, aggrieved by the communication from the indian council of arbitration dated january 3, 1995, filed a petition under section 33 of the indian arbitration act, 1940, seeking a declaration from the court that there did not exist any concluded arbitration agreement between ..... provided that all disputes under the charter party were to be settled in india in accordance with the provisions of the indian arbitration act, 1940 read with the maritime arbitration rules of the indian council of arbitration, their plea to get the dispute settled by arbitration was well founded. according to respondent no. 1 ..... , indian oil corporation ltd., on the other hand, no arbitration agreement had been executed between the parties and that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-1998
Reported in : 1999(1)ALT(Cri)55; (1999)2GLR1543; JT1998(8)SC100; RLW1999(2)SC203; 1998(6)SCALE204; (1999)1SCC57; 1999(1)LC263(SC)
..... two circumstances complete the chain of circumstantial evidence and are sufficient to prove the guilt of the accused for offences punishable under sections 302 and 201 of indian penal code. consequently, the learned trial judge convicted the appellant for the said offences and sentenced him to suffer imprisonment for life and a fine of ..... analyzer for examination. after completing the investigation, the appellant was put up for trial for offences punishable under sections 302 and 201 indian penal code and under section 135 of bombay police act. the appellant denied the charge and claimed to be tried. according to him, he is innocent and has been falsely implicated in ..... judgment and order dated december, 1996 passed by the gujarat high court whereby the conviction of the appellant for the offences punishable under sections 302 and 201 indian penal code has been confirmed.2. the prosecution case as disclosed during the trial is as under :-noorbhai since deceased was working as a watchman with .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-1998
Reported in : AIR1999SC526; JT1998(8)SC60; 1998(6)SCALE141; (1999)2SCC77; [1998]Supp3SCR67
..... of the legislature to deprive a taxpayer of the plea that action for assessment or re-assessment could not be commenced, on the ground that before the amending act became effective, it was barred. the court then held as under : [1964]53itr231(sc) :as we have already pointed out, the right to commence ..... previously.14. bengal sales tax ordinance, 1973 was promulgated which was later replaced by the bengal finance (sales tax) (third amendment) act, 1974. this amending act substituting section 26(1) of the principal act under which now the state government was empowered to mate rules, with prospective or retrospective effect for carrying out the purposes of ..... period for assessment or reassessment, which is four years under section 21 of the act, for the assessment year 1985-86 expired, on march 31, 1990.5. the act was extensively amended by the u. p. sales tax (amendment and validation) act, 1991. the amending act received the assent of the governor of uttar pradesh on august 19, 1991. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-1998
Reported in : (1999)152CTR(SC)177
..... of the legislature to deprive a taxpayer of the plea that action for assessment or reassessment could not be commenced, on the ground that before the amending act became effective, it was barred. the court then held as under:'as we have already pointed out, the right to commence a proceeding for assessment ..... four years previously.'bengal st ordinance, 1973, was promulgated which was later replaced by the bengal finance (sales tax) (third amendment) act, 1974. this amending act substituted s. 26(1) of the principal act under which now the state government was empowered to make rules, with prospective or retrospective effect for carrying out the purposes of ..... period for assessment or reassessment, which is four years under s. 21 of the act, for the asst. yr. 1985-86 expired, on 31st march, 1990.the act was extensively amended by the u.p. sales tax (amendment and validation) act, 1991. the amending act received the assent of the governor of uttar pradesh on 19th aug., 1991. different .....
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