Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
Decided on : Jan-07-2014
..... honble high court of delhi in the cases of home solution retail india limited. the above reproduced para also shows that there was some retrospective amendment. 4. we also note that section 80 was amended and a new provision of section (2) was introduced laying down which is reproduced below: (2) notwithstanding anything contained in the provisions of ..... case reported as 2013 (32) str 642 (tri. ahmd.) under similar circumstances has set aside the penalty imposed upon the appellant under all the sections of the finance act. 5. in view of the above, while confirming the demand of service tax and interest, as not contested by the appellant, we set aside the penalty imposed upon ..... valid with retrospective effect w.e.f. 1.6.2007. the provisions of finance bill were enacted on 8th may, 2010 and the clause 77 of the act of 2010 brought into force the validation laws pertaining to renting of immovable property to be valid and applicable with retrospective effect. the finance bill, 2010 has made .....
Tag this Judgment!Court : Delhi
Decided on : Oct-27-2014
..... said fact ought to have been brought on record by the defendant at the time of filing the written statement or before recording the evidence of the parties. the amendment sought by the defendant is barred under the proviso of order vi rule 17 cpc. thus, the same cannot be allowed. the application is accordingly dismissed. the defendant ..... three applications were filed by the defendant, the details of which are given as under:- 4. (i) i.a. no.6741/2013 (under order vi rule 17 cpc for amendment in the written statement), (ii) i.a. no.6743/2013 (under section 151 cpc for filing of additional evidence), and (iii) i.a. no.6768/2013 (under order ..... upon to pay the amounts of the pending bills with interest @ 21% per annum to mitigate the losses and to enable the plaintiff to complete the work at the amended rates. despite of repeated reminders, the defendant neither improved the supply of materials nor made the payment for the work done. various correspondences were exchanged between the parties .....
Tag this Judgment!Court : Delhi
Decided on : May-26-2014
..... a service on the basis of cse2010 and further action regarding cancelling his offer of appointment may be taken without any further notice.4. the petitioner was allotted the indian revenue service (c&ce) in the cse2009examination. at the relevant time, he was undergoing training course at the national academy of customs and narcotics at faridabad.5. ..... training at the revenue academy.16. we are informed that in view of the above, the petitioner filed the application under section 19 of the central administrative tribunals act, 1985 at on or about 24th february, 2012 reiterating the aforenoticed circumstances that he was unwell stating ill and under treatment as a reason for his not joining ..... made grievance of the same. he did not make any grievance. for certain good reasons the respondents had amended the para no.9 of the policy dated april 10, 2008, on april 21, 2011. we wish to bring out the amendment as brought about by policy dated april 21, 2011.... 25. in the instant case also as noted .....
Tag this Judgment!Court : Delhi
Decided on : May-28-2014
..... and the legislatures of the states.2. the bill seeks to achieve the aforesaid objects. it would thus be seen that the legislative intent behind even the amended article was to address the grievance of the members of scheduled castes, through the commission, only with respect to such rights and safeguards, which the constitution ..... as under: 12. article 338 of constitution of india specifies for constitution of national commission for schedule castes and schedule tribes. the supreme court in all india indian overseas bank sc and st employees' welfare association v. union of india (supra) held that all the procedural powers of civil court given to the national commission ..... respondent no.1, who was stated to be its rightful owner and also submit a compliance report. it is an undisputed legal proposition that the commission, while acting under article 338(5) of the constitution, can only make recommendations, but cannot issue any direction to the government or any other person or authority. a .....
Tag this Judgment!Court : Delhi
Decided on : Jan-10-2014
..... conclusion that when there is a total inherent lack of jurisdiction on the basis of averments in the plaint itself, then the court has no power to even permit amendment of the plaint. in the present case as per the facts pleaded in the plaint territorial jurisdiction of this court is made out, further subject to the parties ..... . air2006sc3672 however, this court is dealing with this issue only to form a prima facie opinion on the issue of interim injunction. section 134 of the trade marks act provides that a suit for the infringement of a registered trademark or any right relating thereto can be filed in a court within the local limits of whose jurisdiction, ..... to show that at the time of institution of suit, the plaintiffs are carrying on business in delhi, as is the requirement under section 34 of the trade marks act. the availability of plaintiff s goods in delhi will not confer territorial jurisdiction on this court as held in archie comic publications inc vs. purple creations pvt. ltd. .....
Tag this Judgment!Court : Delhi
Decided on : Jul-23-2014
..... amount determined by such order as an arrear of land revenue under section 45b or the recovery under sections 45c or 45i. 6. section 45-a of the act was amended with effect from 1st june, 2002 and a proviso with regard to limitation was included. the proviso reads, thus, provided further that no such order shall ..... in favour of the respondent and against the appellant. for arriving at this view, esic court has placed reliance on sections 45-a and 77 of the act.5. section 45-a before amendment reads as under: 45a. determination of contributions in certain cases :- (1) where in respect of a factory or establishment no returns, particulars, registers ..... the date on which the contribution shall become payable . in the old act, no period of limitation has been prescribed for determining the contribution under section 45-a of the act. it is trite law that a statute, which is legislated by the parliament any amendment made therein, would have prospective effect unless it has been specifically made .....
Tag this Judgment!Court : Delhi
Decided on : Sep-04-2014
..... 24th sep. 2004 14. the coast guard headquarters issued policy letter dated of/0741/policy dated 29.12.2004. the said policy letter states: 3. in view of the above amendments in the coast guard (seniority & promotion) rules, 1987 the corresponding provisions of the cgo142002 will be modified as follows:(a) . (b) annual confidential reports. last five years ..... that reports of officers of the rank of comdt(jg) and above initiated or reviewed by comcg in the rank of ig shall be reviewed by the director general indian coast guard as ro/sro. thus, the director general has reviewed all the acrs of officers during the relevant period, including that of the petitioner, all without any ..... guard (seniority and promotion) rules, 1987 framed by the central government in exercise of the powers conferred upon it by section 123(1) of the coast guard act, 1978, governed the field right uptil september, 2004. till then, all promotions in the coast guards, which in fact was created by hiving off a wing of .....
Tag this Judgment!Court : Delhi
Decided on : May-19-2014
..... registration no.774285 and 1129381 for aquafina label have been exhibited as ex. pw-1/8 and ex. pw-1/9, respectively. further, a printout from the indian trademark registry website (www.ipindia.nic.in) depicting the trademark registration of the mark aquafina noveau (label mark) in favour of plaintiff no 1 alongwith trademark journal extract ..... behalf of the plaintiffs and that the said label of plaintiffs is an original artistic work that falls within the meaning of section 2(c) of the copyrights act, 1957. plaintiffs have also established that on account of enormous amount spent on advertisement of aquafina packaged drinking water in india, plaintiffs have been able to generate ..... thus, suffer the consequences of damages as stated and set out by the plaintiffs. there is a larger public purpose involved to discourage such parties from indulging in such acts of deception and, thus, even if the same has a punitive element, it must be granted. r.c. chopra, j.has very succinctly set out in time .....
Tag this Judgment!Court : Delhi
Decided on : Sep-11-2014
..... (2) where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the indian evidence act, 1872 (1 of 1872), oral evidence of its contents shall not be received. explanation. for the purposes of this section, (a) an acknowledgment may be sufficient ..... 16.9.2008 or would the period of limitation commence from the year 2011 when the plaintiff received various documents from the defendants under the right to information act, as submitted by counsel for the plaintiff.15. the admitted case of the plaintiff is that the bills pertain to the work carried out by the plaintiff, ..... counsel for the plaintiff submits that since the defendants were not responding to various communications addressed to them, the plaintiff had to take recourse under the right to information act and after relevant documents were received in july, 2011, the present suit was filed on 15.9.2011.13. a bare reading of the plaint shows that .....
Tag this Judgment!Court : Delhi
Decided on : Nov-24-2014
..... its powers under order 7 rule 11 cpc without there being a formal application for the said purpose.13. article 54 of the schedule to the indian limitation act, 1963 (herein after referred to as the act ) postulates that for specific performance of a contract the period of limitation is three years from the date fixed for the performance, or, if no ..... to run from that date. suit for perpetual injunction is different from suit for specific performance. the suit for specific performance in fact was claimed by way of amendment application filed under order vi, rule 17, c.p.c. on september 12,1979. it will operate only on the application being ordered. since the ..... amendment was ordered on august 25, 1989, the crucial date would be the date on which the amendment was ordered by which date, admittedly, the suit is barred by limitation. the courts below, therefore, were not right in decreeing .....
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