Court : Delhi
..... three heads which will enable a person to understand the changes in the policy made in uk that started as a fine distinction between the two monopoly rights that designs act and copyright act are completely distinct from each other and thereafter the link was established between the registered design and common law in order to undermine the characteristic of statutory nature of design right. ..... courts in india, and in all proceedings, office without further proof for production of the originals: section 43 (1) defines that all applications and communications to the controller under this act may be signed by and all attendances upon the controller may be made by or through a legal practitioner or by or through an agent whose name and address has been entered in the register of patent agents maintained under section 125 of the patents ..... which has been taken in honeywell (supra) might have been persuaded or influenced by the economic policy of us to promote the commerce and investment but from legal point of view the said extension of monopoly basing upon artificially created doctrinal distinctions is alien to the law in common law jurisdiction like india where the courts believe ..... prescott & vitoria on the modern law of copyright and designs, fourth edition, vol-ii, lexis nexis, the learned author has noted the changes which were brought by 1988 amendments in the following words:43.5 this whole area of law was the subject of fundamental ..... singhara singh, 1964 scr (4) 485 wherein the .....
Tag this Judgment!Court : Delhi
..... (iii) to issue copies of the work to the public not being copies already in circulation; (iv) to include the work in any cinematograph film; (v) to make any adaptation of the work; (vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub clauses (i) to (iv); (d) in the case of a cinematograph film(i) to make a copy of the film, including a photograph of any image forming part thereof; (ii) to sell or give on hire, or offer for sale or ..... respect of the work; (v) to make any translation of the work; (vi) to make any adaptation of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub clauses (i) to (vi) (b) in the case of a computer programme,(i) to do any of the acts specified in clause (a) (ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme: provided that such commercial rental does not ..... preemption with respect to other laws (a) on and after january 1, 1978, all legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by section 106 in works of authorship that are fixed in a tangible medium of expression ..... noted that it: agrees with the defendants that the plaintiffs claim for unjust enrichment is pre-empted because it involves the same conduct that would fall under the scope of the copyright act. ..... (1964), given .....
Tag this Judgment!Court : Delhi
..... review, whether of that work or another work, would not constitute infringement, subject to a sufficient acknowledgement of the copyrighted material accompanying the dealing.68. the decision would be relevant in the indian context if section 52(1)(a) of the copyright act, 1957 is under focus and would have no persuasive value qua the interpretation of section 52(1)(i), because the concept of fair dealing is inbuilt in the statute in the united kingdom concerning photocopying for purposes of research, criticism ..... holder and justified by the purpose ; and since the legislature is deemed to have been cognizant of india s obligations under the international covenants while in the year 2012 incorporating the amendments to the indian copyright act, 1957, and had allowed reproduction in the course of instruction by teachers and pupils without placing any limits on the extent of reproduction, it could not be said that india s obligations under international covenants ..... . referring to section 13, section 14, section 16 and section 51 of the copyright act, 1957, wherein right of the copyright holder have been recognized, the learned single judge has noted section 52 thereof which, if we may use the expression, makes particular use of a copyrightable work non-actionable or to put it differently could be said to be without limiting the rights of the copyright holder permitting use of a ..... . we propose to pose the legal issue which arises for consideration ..... decisions reported as [1964] .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1989)(42)ELT632TriDel
..... it is true that technically that decision has been given in a case of another company to which the petitioner in the present case was not a party, yet the judicial propriety would require the authorities under the act to follow the judgment of the bombay high court until it is reserved in appeal and not to take a view different from that of bombay high court. ..... collector of central excise, delhi reported in 1985 (21) elt 410 had held that it would not be proper for any authorities under the excise act to take a different view from that of a high court even if such decision has been appealed against. ..... they could not be of any avail at all to the respondents to get out of the legal implications flowing from want of due notification, as exemplified above. ..... 'notify' even according to ordinary dictionary meaning would be "to take note of, observe; to make known, publish, proclaim; to announce; to give notice to; to inform". ..... 491 of 1964) decided on 30.4.1970, has dealt with the similar points and has come to the conclusion that polymer chips are not covered under item isa of first schedule of the act. ..... if this is the legal and factual position, then, with regard to w.p. no. ..... printing the notifications in the official gazette, without making it available for circulation to the concerned public, or placing it for sale to the said public, would certainly not satisfy the idea of notification in the legal sense. ..... it had no legal efficacy anterior to that date. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1982)1ITD816(Delhi)
..... unable to agree with the learned counsel for the assessee that 1,785 cylinders in question, which were lying at bombay docks, should be considered as having been installed within the meaning of section 16(c) of the finance act, 1974.till these cylinders reached the factory premises of the assessee at nagpur they could not be regarded as having been inducted or introduced or to have been placed in a position for service or use in the ..... , or had, where such machinery or plant has been manufactured in an undertaking owned by the assessee, taken steps for the manufacture of such machinery or plant ; and accordingly the provisions of the income-tax act shall have effect in relation to such ship, machinery or plant, subject to the conditions specified in clauses (a), (b) and (c).there is also no dispute that the controversy in the present proceedings relates to the development rebate allowance of rs. ..... so 2167, dated the 28th day of may, 1971, issued under sub-section (5) of section 33 of the income-tax act shall not apply in respect of- (c) any machinery or plant [not being machinery or plant referred to in clause (b)] installed by any assessee after the 31st day of may, 1974, but before the 1st day of ..... he was of the view that the factual position and the legal position had to be established by an elaborate enquiry and assembling of facts and figures and discussion to establish a mistake and to come to the conclusion that excessive development rebate had been allowed ..... ah [1964] 53 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1992)43ITD396(Delhi)
..... shri vaish contended that their lordships of the madras high court in the above noted case have approved the direct cost method of valuation of closing stock so also have their lordships of andhra pradesh ..... course of assessment proceedings for the year under appeal, assessee had submitted a note explaining the nature and user of these spare parts. ..... was not correct in law and on facts in directing to allow deduction on account of depreciation on wooden shells or rolls under the proviso to section 32(l)(ii) of the income-tax act, when this issue was never raised before the ito.25. ..... if the appellate assistant commissioner is satisfied, he would be acting within his jurisdiction in considering the question so raised in all ..... under the income-tax act, 1961 there are no restrictions or limitations for the exercise of the powers of ..... coal syndicate [1964] 53 itr ..... however, a note regarding the nature of these wooden shells and their user had been submitted to the assessing officer during the course of ..... as already noted, the powers of the cit(a) are co-terminus with that of the ..... by the appellate authority in allowing the assessee's claim for deduction on the settled view of the law, there is no good reason to curtail the powers of the appellate authority under section 251(1)(a) of the income-tax act, 1961. ..... initial stages and was later disassociated, gave certain documents to the directorate of enforcement alleging violation of sections 4(1), 4(3) and 9 of the foreign exchange regulation act, 1947. .....
Tag this Judgment!Court : Delhi
..... state of maharashtra, air1968sc178 the supreme court held that section 540 of code of criminal procedure, 1898 (which corresponds to section 311 of code of criminal procedure, 1973) read with section 165 of the evidence act confers wide jurisdiction on the court, with no limitation on its power to summon any person as a witness, or examine any person present in court although not summoned, or recall or reexamine a witness already examined ..... the supreme court referred to birad mal singhvi (supra), wherein it was held that an entry relating to date of birth made in the school register is relevant and admissible under section 35 of the act, but entry regarding the age of a person in a school register is of not much evidentiary value to prove the age of the person in the absence of the material on which the age was recorded.33 ..... , arising out of fir no.36/2013 registered under section 363/366/376 ipc and section 4 of the pocso act at police station gokalpuri, delhi, whereby the accused/respondent was acquitted from the charges leveled against him. ..... looking to the facts and circumstances taken note of hereinabove, as also the fact that the victim/ prosecutrix had eloped with the accused without use of force or coercion we are of the considered opinion that the ld ..... the aforesaid legal proposition stands fortified by the judgments of this court crl.a.334/2018 page 13 of 27 1981 sc361 suresh and ram ; ravinder in ram prasad sharma v ..... [air1964sc1625: (1964) 2 cri lj590 and santenu mitra v .....
Tag this Judgment!Court : Delhi
..... on the date of filing of the suit, is not asserting a right of being benami owner of the property or any part thereof; (ii) prior to coming into force of the benami act, benami transactions were very much legal within india; (iii) that the intention of the parties, when the property was purchased in the year 1978 and when the property was subsequently constructed prior to 1988, was that the ..... properties were deleted and the suit remained with respect to 10 properties; issues were framed in the suit on 4th november, 2011; however the plaintiffs in cs(os) no.2005/1999 had failed to tender any evidence and the evidence of the plaintiffs was closed and since the onus of all the issues framed in the suit was on the plaintiffs, the defendants in the said suit also ..... (h) gpas were executed in favour of satish at the behest of shanti swaroop, since substantial funds have been contributed by satish towards purchase and further construction of the said property; (i) satish, acting on the representation of shanti swaroop that the entire property would be transferred in name of satish, raised funds for construction of first and second floors of the property; (j) a portion of ..... written arguments has referred to sections 82, 85, 87, 128, 130, 131 and 137 of the indian succession act, 1925 and to chapter 54 of gopalkrishnan s law on wills 9th edition, 2015 and relied upon tincouri ..... being drawn to the fact that while the suit from which binapani paul supra arose was instituted in or about 1964 i.e. .....
Tag this Judgment!Court : Delhi
..... on the date of filing of the suit, is not asserting a right of being benami owner of the property or any part thereof; (ii) prior to coming into force of the benami act, benami transactions were very much legal within india; (iii) that the intention of the parties, when the property was purchased in the year 1978 and when the property was subsequently constructed prior to 1988, was that the ..... properties were deleted and the suit remained with respect to 10 properties; issues were framed in the suit on 4th november, 2011; however the plaintiffs in cs(os) no.2005/1999 had failed to tender any evidence and the evidence of the plaintiffs was closed and since the onus of all the issues framed in the suit was on the plaintiffs, the defendants in the said suit also ..... (h) gpas were executed in favour of satish at the behest of shanti swaroop, since substantial funds have been contributed by satish towards purchase and further construction of the said property; (i) satish, acting on the representation of shanti swaroop that the entire property would be transferred in name of satish, raised funds for construction of first and second floors of the property; (j) a portion of ..... written arguments has referred to sections 82, 85, 87, 128, 130, 131 and 137 of the indian succession act, 1925 and to chapter 54 of gopalkrishnan s law on wills 9th edition, 2015 and relied upon tincouri ..... being drawn to the fact that while the suit from which binapani paul supra arose was instituted in or about 1964 i.e. .....
Tag this Judgment!Court : Delhi
..... this is for the reason that the import of goods does not take place until they become part of the land mass of india and until the act of importation is complete which under sections 13 and 23 happens only after an order for clearance for home consumption is made and/or an order permitting the deposit of goods ..... matrix in the case of m/s agri trade india services (p) limited, it was observed that the requirements of section 51 of the customs act had been complied with in the said case, albeit in the case of m/s agri trade india services (p) limited they were not complied ..... amish kumar trading private limited and rkb global private limited are private limited companies incorporated under the companies act, 1956 engaged in import and trading of various items including mild steel varieties like hot rolled coils, cold rolled coils, hot rolled steel plates, pre ..... gujarat high court was upheld though subject matter of litigation was a legal effect of the decision taken by the central government to ban export of pulses on 22nd june,2006, which decision was widely reported in print and electronic media, albeit the notification issued banning export of pulses for a period of six months in exercise of power under section 5 of the ft act was published in the official gazette on 27th june,2006. ..... date stamp of office of dispatch on the packet or dispatch note date affixed on courier receipt/waybill date of handing over goods to first carrier in a combined ..... re, air1963sc1760: (1964) 3 scr787 scr .....
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