Court : Delhi
Decided on : Nov-05-2014
..... . by way of amendment to appendix i made effective from the year 2006-07, the depreciation allowance was reduced to 15% with regard to plant and machinery as against 25% for the assessment ..... rule 5(1) that depreciation of any block of assets shall be calculated at the percentage specified in second column to the table in appendix i to the rules. amendment was effected to appendix i from the assessment year 2006-07. we note that the preamended appendix i was applicable for the assessment years 2003-04 to 2005-06 ..... purpose of depreciation and the said position was in vogue much before the assessment years with which we are concerned. the amendment of 2004 was a reiteration/clarification of the position, existing in section 32(1)(i) of the act wherein buildings and plant have been separately referred to, so also in explanation 3(a) of the said section. in .....
Tag this Judgment!Court : Delhi
Decided on : Oct-28-2014
..... of the law. it was submitted that agreements which have been entered to nullify the statutory order of a statutory authority would be hit by section 23 of the indian contract act, 1872.16. the learned counsel for the respondents contended:16. 1 that present writ petition is not maintainable as a separate specific remedy has been provided under section ..... .2011 passed by the learned secretary cum appellate authority and award dated 10.5.2010 passed by the ld. sole arbitrator as nullity in the eyes of law; 4. similar amendment was also made to w.p.(c) 7898/2011, whereas prayers (d1), (d2) and (d3) are identically worded as above, prayer (d4) reads as under: d4) in the ..... aside; 15.5 that the office memorandum dated 22.01.2004 providing the mechanism of pma is unenforceable in law as it is contravening to section 28 of the indian contract act, 1872 and section 9 of the code of civil procedure, 1908; 15.6 that the parties by their private agreements can neither confer jurisdiction on a body which .....
Tag this Judgment!Court : Delhi
Decided on : Oct-28-2014
..... of the law. it was submitted that agreements which have been entered to nullify the statutory order of a statutory authority would be hit by section 23 of the indian contract act, 1872.16. the learned counsel for the respondents contended:16. 1 that present writ petition is not maintainable as a separate specific remedy has been provided under section ..... .2011 passed by the learned secretary cum appellate authority and award dated 10.5.2010 passed by the ld. sole arbitrator as nullity in the eyes of law; 4. similar amendment was also made to w.p.(c) 7898/2011, whereas prayers (d1), (d2) and (d3) are identically worded as above, prayer (d4) reads as under: d4) in the ..... aside; 15.5 that the office memorandum dated 22.01.2004 providing the mechanism of pma is unenforceable in law as it is contravening to section 28 of the indian contract act, 1872 and section 9 of the code of civil procedure, 1908; 15.6 that the parties by their private agreements can neither confer jurisdiction on a body which .....
Tag this Judgment!Court : Delhi
Decided on : Nov-18-2014
..... received a copy of the notice when served with the documents in the suit, once again, the period of 15 days has expired thereafter and keeping the legislative intendment of amended section 106 in view, the appellant therefore cannot argue that the tenancy is not terminated and he did not get a period of 15 days to vacate the premises. i ..... the suit could not have been filed, fails for this reason also. in this regard, i am keeping in view the amendment brought about to section 106 of the transfer of property act by act 3 of 2003 and as per which amendment no objection with regard to termination of tenancy is permitted on the ground that the legal notice did not validly terminate ..... is an oral agreement to sell and no oral agreement to sell can create rights under section 53-a of the act much less cmm10092012 after the amendment of a of the act w.e.f 24.9.2001 and as per which amendment agreement to sell in the nature of part performance cannot be looked into unless it is stamped at 90% value .....
Tag this Judgment!Court : Delhi
Decided on : Nov-14-2014
..... there is nothing on record to suggest that the defendant got the application assigned to itself before the registrar of trade mark by filing a request for amendment when on the own showing of the defendant the application was listed on at least five dates in the year 2000. in case, the marks ..... "the law of unfair competition and trademarks". fourth edition, volume two at page 1282 noted as follows: where infringement is deliberate and willfull and the defendant acts fraudulently with knowledge that he is violating plaintiffs rights, essential elements of estoppel are lacking and in such a case the protection of plaintiffs rights by injunctive ..... of acquiescence, the proprietor knowing his rights does nothing, that the infringer ignores them. the proprietor had encouraged the infringer with the result that the infringer acts upon his mistaken belief and worsens his position. kerly held that until and unless the conduct of the proprietor was unconscionable, defense of acquiescence or laches was .....
Tag this Judgment!Court : Delhi
Decided on : Nov-24-2014
..... proprietors of the marks citi and citicorp, details of the same are given in para 3 of the plaint.8. the trademark citicorp forms part of the plaintiffs indian subsidiary citicorp finance india limited which primarily offers commercial vehicle loans, construction equipment loans, loan against shares and trade advances. it is stated that citicorp finance india limited ..... name by explicitly providing that such action shall also constitute an infringement under this act. this provision will bring this clause in harmony with the proposed amendments to sections 20 and 22 of the companies act, 1956. sections 20 and 22 of the ca have been amended to provide that where the name of a company resembles a registered trade mark, ..... card industry with a base of approximately 750,000 cards in force. on 16th december, 2002, the plaintiffs extended its tie up with indian oil corporation to launch the country s first co-branded debit card which can work as a debit as well as an atm card and provides .....
Tag this Judgment!Court : Delhi
Decided on : Nov-24-2014
..... interpretation of documents/evidence, is non-interferable under section 34 and if such interference is done by the court, the same will set at naught the whole purpose of amendment of the arbitration act. 17. the supreme court in steel authority of india ltd. vs. gupta brother steel tubes ltd. (2009) 10 scc63even while dealing with a challenge to an ..... claims no.2, 3, 5 - 7, 9 - 16. the award for the claims no.3, 5, 6, 13, & 14 has been made under section 73 of the indian contract act in terms of which if a breach has been committed, the other party has to be compensated. the arbitrator has given finding of the fact that the petitioner was responsible ..... of the respondent that he had taken steps to mitigate the alleged losses incurred by him, as such, nothing is payable. nothing is payable under section 73 of indian contract act, 1872 as the respondent has not set out any steps taken by him to mitigate the alleged losses suffered by him as mandatorily required under section 73 of the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-24-2014
..... proprietors of the marks citi and citicorp, details of the same are given in para 3 of the plaint.8. the trademark citicorp forms part of the plaintiffs indian subsidiary citicorp finance india limited which primarily offers commercial vehicle loans, construction equipment loans, loan against shares and trade advances. it is stated that citicorp finance india limited ..... name by explicitly providing that such action shall also constitute an infringement under this act. this provision will bring this clause in harmony with the proposed amendments to sections 20 and 22 of the companies act, 1956. sections 20 and 22 of the ca have been amended to provide that where the name of a company resembles a registered trade mark, ..... card industry with a base of approximately 750,000 cards in force. on 16th december, 2002, the plaintiffs extended its tie up with indian oil corporation to launch the country s first co-branded debit card which can work as a debit as well as an atm card and provides .....
Tag this Judgment!Court : Delhi
Decided on : Dec-22-2014
..... the arbitration proceedings initiated by defendant no.1 before the london court of international arbitration.2. briefly stated, the facts are that the plaintiff no.1 is an indian citizen and resides & carries on business within the jurisdiction of this court. the plaintiff no.2 is a company incorporated by the plaintiff no.1. the plaintiff ..... of an agreement. arbitral proceedings are vexatious and oppressive as well as waiver of arbitration because of withdrawal of application under section 45 of the arbitration and conciliation act, 1996.20. the second submission made by mr.rohatgi, the learned senior counsel is that the plaintiffs have already filed a company petition before the company law ..... be acceptable to mcdonald s. the jv parties agree to cooperate in good faith to obtain any such government approvals, if required, and to negotiate any amendments hereof that may be required in order to obtain such approval, provided that in no event shall mcdonald s be obligated to accept any .....
Tag this Judgment!Court : Delhi
Decided on : Dec-22-2014
..... the arbitration proceedings initiated by defendant no.1 before the london court of international arbitration.2. briefly stated, the facts are that the plaintiff no.1 is an indian citizen and resides & carries on business within the jurisdiction of this court. the plaintiff no.2 is a company incorporated by the plaintiff no.1. the plaintiff ..... of an agreement. arbitral proceedings are vexatious and oppressive as well as waiver of arbitration because of withdrawal of application under section 45 of the arbitration and conciliation act, 1996.20. the second submission made by mr.rohatgi, the learned senior counsel is that the plaintiffs have already filed a company petition before the company law ..... be acceptable to mcdonald s. the jv parties agree to cooperate in good faith to obtain any such government approvals, if required, and to negotiate any amendments hereof that may be required in order to obtain such approval, provided that in no event shall mcdonald s be obligated to accept any .....
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