Court : Delhi
Decided on : Jan-08-2014
..... chopra, would have to be examined; (e) the genuineness of the two wills would have to be examined with reference to sections 63 of the indian succession act ( isa ) and section 68 of the indian evidence act ( iea ).33. when the plaintiff sought to add the issues which include a challenge to the wills of late mr. s.l. chopra ..... of the opinion that in the facts and circumstances of this case, the plaintiff-petitioner shall not be prejudiced in any way, even if his application for amendment of the plaint is rejected although both the learned single judge as also the division bench of the high court proceeded wrongly on the premise that non-questioning ..... db ) dismissed the appeal for the following reasons: we have read the pleadings filed by the parties very carefully and also the statements made in the application seeking amendment. it is clearly established from the averments made in the plaint that at no stage the appellant contested the inheritance of the property by group captain sham lal .....
Tag this Judgment!Court : Delhi
Decided on : Jan-08-2014
..... special reason limitation should not be allowed to come in the way; (dd) that the suit claim is within time under section 39 of the indian contract act, 1872 read with article 55 of the limitation act, 1963; (ee) that the limitation would commence from the date when the respondent / plaintiff accepted the breach of the contract by the appellant / ..... plaintiff as presiding arbitrator was void ab initio, perhaps owing to the respondent / plaintiff being overage on the date of appointment [rule 13 of the rules of arbitration (as amended on 1 st january, 2005) of the appellant / defendant provides that persons who have attained the age of more than 80 years would automatically cease to be members of ..... tell whether the additional evidence had been led or not, as is evident from the order of that day.33. a perusal of the rules of arbitration (as amended on 01.01.2005) on trial court record shows rule 31 to be providing for the arbitrators fee to be fixed on the basis of amount in dispute. the .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2014
..... in execution of works/composite contract. central sales tax is payable and levied on material used in works contract with effect from 11th may, 2002 after amendment of the central sales tax act, 1956 vide finance act, 2002. (iv) the composite or works contracts are excluded from the ambit of levy of service tax under section 65(105)(zzq) and (zzzh). ..... of the said decision reads as under: 2. contentions of the petitioners can be crystallized as under:(i) service tax levied from time to time by finance act, 1994 and subsequent amendments is in exercise of power under residual entry 97 of list i of the seventh schedule of the constitution of india. it is levied on taxable service ..... notification no.18/2005-st, dated 07.06.2005. 5. it may be pointed out at this juncture that w.e.f. 01.06.2007 a further amendment to the finance act, 1994 was made whereby section 65 (105) (zzzza) was introduced whereunder works contract service was identified as a taxable service. it is pertinent to note that .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2014
..... in execution of works/composite contract. central sales tax is payable and levied on material used in works contract with effect from 11th may, 2002 after amendment of the central sales tax act, 1956 vide finance act, 2002. (iv) the composite or works contracts are excluded from the ambit of levy of service tax under section 65(105)(zzq) and (zzzh). ..... of the said decision reads as under: 2. contentions of the petitioners can be crystallized as under:(i) service tax levied from time to time by finance act, 1994 and subsequent amendments is in exercise of power under residual entry 97 of list i of the seventh schedule of the constitution of india. it is levied on taxable service ..... notification no.18/2005-st, dated 07.06.2005. 5. it may be pointed out at this juncture that w.e.f. 01.06.2007 a further amendment to the finance act, 1994 was made whereby section 65 (105) (zzzza) was introduced whereunder works contract service was identified as a taxable service. it is pertinent to note that .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2014
..... in execution of works/composite contract. central sales tax is payable and levied on material used in works contract with effect from 11th may, 2002 after amendment of the central sales tax act, 1956 vide finance act, 2002. (iv) the composite or works contracts are excluded from the ambit of levy of service tax under section 65(105)(zzq) and (zzzh). ..... of the said decision reads as under: 2. contentions of the petitioners can be crystallized as under:(i) service tax levied from time to time by finance act, 1994 and subsequent amendments is in exercise of power under residual entry 97 of list i of the seventh schedule of the constitution of india. it is levied on taxable service ..... notification no.18/2005-st, dated 07.06.2005. 5. it may be pointed out at this juncture that w.e.f. 01.06.2007 a further amendment to the finance act, 1994 was made whereby section 65 (105) (zzzza) was introduced whereunder works contract service was identified as a taxable service. it is pertinent to note that .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2014
..... in execution of works/composite contract. central sales tax is payable and levied on material used in works contract with effect from 11th may, 2002 after amendment of the central sales tax act, 1956 vide finance act, 2002. (iv) the composite or works contracts are excluded from the ambit of levy of service tax under section 65(105)(zzq) and (zzzh). ..... of the said decision reads as under: 2. contentions of the petitioners can be crystallized as under:(i) service tax levied from time to time by finance act, 1994 and subsequent amendments is in exercise of power under residual entry 97 of list i of the seventh schedule of the constitution of india. it is levied on taxable service ..... notification no.18/2005-st, dated 07.06.2005. 5. it may be pointed out at this juncture that w.e.f. 01.06.2007 a further amendment to the finance act, 1994 was made whereby section 65 (105) (zzzza) was introduced whereunder works contract service was identified as a taxable service. it is pertinent to note that .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
Decided on : Jan-09-2014
..... it is clear from the records before the tribunal that the units of the appellant are violating the condition of distance imposed under the notification of 1997, as amended by the notification of 1998. 12. in view of the facts of this case and the law aforestated, we do not see any reason to interfere with ..... 5-a of the prevention of corruption act, 1947; section 7 of the stamp act, 1899; section 108 of the companies act, 1965; section 20(1) of the prevention of food adulteration act, 1954; section 55 of the wild life protection act, 1972 (as amended in 1956); section 10a of medical council act, 1965 (as amended in 1993) and similar other provisions have ..... and got installed anti-pollution control measures to satisfy the terms and conditions of the consent granted under the air (prevention and control of pollution) act, 1981 (for short the act of 1981). the appellant unit was granted consent from year to year by the hspcb. the state government of haryana issued a notification dated 18th .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2014
..... being m/s. jeevan diesels and electricals limited vs. jasbir singh chadha (huf) and anr. (2011) 183 dlt712and which judgment holds that after the amendment of section 106 of the transfer of property act, 1882 by the legislature to do away with the technical defences of service of notice, even service of summons in the suit can be treated as ..... 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 ..... 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 .....
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 : Jan-10-2014
..... same shall be transferred to another charitable trust whose objects are similar to those of the trust and which enjoys recognition u/s. 80g of the income tax act 1961, as amended from time to time 2. that the following clauses be added after clause (10) in the page no.5 of the original trust deed: (13) ..... book titled hands of light at page 239 and 240. it is submitted that cleansing of blood technique and internal organs, master technique have been known to ancient indian yoga practitioners and finds it basis in medical science wherein blood id purified in the liver and lungs, hence ancient yoga practitioner mastered the art of breathing exercise ..... additionally granted the defendant no.2 the authority to protect the intellectual property rights in his above-mentioned works, in every manner, from all third parties in the indian sub-continent. the master had not granted any such right to protect his intellectual property to any other organisation in india. this is further established by the .....
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