Court : Delhi
Reported in : IV(2005)BC386; 123(2005)DLT287
..... in any climate and under all conditions of storage and movement in india.' submission was that the goods supplied, namely, raisins could not remain fit for human consumption for a period of six months irrespective of storage and transport condition and there was a categorical statement made to this effect by the witness of ssi, ..... under para 2 of the alleged standard warranty clause the goods could be rejected during alleged warranty period only by the director of supplies and transport or any officer acting on his behalf. admittedly, the goods have not been rejected by the director of supplies and transport and admittedly, no authority in favor of the persons who ..... have allegedly rejected goods has been filed on record or proved. thus, there .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : [2003]133STC101(HP)
..... held, while considering section 31 of the bihar finance act, 1981, as substituted by bihar ordinance 20 of 1993, which laid down that the transporters shall carry a declaration in a prescribed form in respect of the goods carried and produce the declaration and bill before the prescribed authority and which conferred power on the authority to search and seize in case ..... of transportation in a manner likely to lead to the evasion of tax, observed that after the amendment to the provisions by substituting certain new provisions .....
Tag this Judgment!Court : Gujarat
Reported in : (2003)3GLR2054
..... adopted by government for public group, and to subserve public interest. in the process in recent years, major efforts to enlarge or alter policies have left their mark on education, transportation etc. in our country, commonly known goals and purposes of governmental programme are, elimination of poverty, elimination of illiteracy etc. the power of the state under article 162 of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC925; 1997(1)ARBLR612(SC); JT1997(2)SC51; 1997(1)SCALE599; (1997)2SCC469; [1997]1SCR704
..... clause (4), on which reliance was placed, reads as under:rates, materials and workmanshipthe rates quoted shall be for finished work inclusive of all materials, labour, taxes, royalties, transportation etc.the engineer in charge will have full and final authority to reject any material or work done due to defect therein and the contractor/contractors shall forthwith remedy the ..... context that the constitution bench held that the view expressed in jena case with regard to award of pendente lite interest could not be said to have laid down good law. the constitution bench did not deal with the question of pre-reference interest in cases coming after the enforcement of the interest act, 1978, which came in ..... a case where no rate of interest is specified in the promissory note or bill of exchange. we may also refer section 61(2) of the sale of goods act which provides for the award of interest to the seller or the buyer as the case may be under certain circumstances in suits filed by them. we may .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)
..... is summed up as under:1. farmer's persuasionthe aged bullocks were utilized for different purposes like agricultural operations (ploughing, planking, harrowing, hoeing, threshing) and transport-hauling of agricultural produce, feeds and fodders of animals, drinking water, construction materials (bricks, stones, sand grits etc.) and for sugarcane crushing/ khandsari making ..... cull out a few relevant findings and observations therefrom and set out in brief in the succeeding paragraphs. food availability and stability were considered good measures of food security till the seventies and the achievement of self-sufficiency was accorded high priority in the food policies. though india was ..... to collaborate with the demands of changing times dictated by social needs, state policy and judicial conscience.49. according to professor lloyd concepts are good servants but bad masters. rules, which are originally designed to fit social needs, develop into concepts, which then proceed to take on a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT42
..... 1997. thus, there was also delay on the part of the plaintiffs in approaching this court. the plaintiff has to bring an action of passing off immediately.'57. in victory transport co. pvt. ltd., ghaziabad v. the district judge, ghaziabad : air1981all421 it was observed as follows:'in regard to a 'passing off' action according to settled law, there are ..... activities of another person.(b) in a suit for passing off action, the plaintiff shall have to establish that the defendant has been passing off his goods as the goods of plaintiff.(c) the goods should have deceptive similarity likely cause confusion in the mind of consumer. the plaintiff should establish deceptive similarity so as to cause confusion in the mind of ..... sections 30, 34 and 35 of the act. on the other hand, the gist of a passing off action is that a is not entitled to represent his goods as the goods of b but it is not necessary for b to prove that a did this knowingly or with any intent to deceive. it is enough that the get-up .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(1)ALLMR157; 2004(1)MhLj1009
..... electricity board, bangalore and anr., reported in : air1991kant345 , u.p.s.e.b. v. atma steels and ors., reported in : [1998]1scr228 , khurshed sorabji cooper v. bombay electric supply and transport undertaking, reported in : air1995bom79 and bharat barrel and drum mfg. co. ltd. v. municipal corporation of greater bombay and ors., reported in : air1985bom415 .5. the section 26(6) provides that ..... . gujarat electricity board and ors. (supra) as well as in khurshed sorabji cooper v. bombay electric supply and transport undertaking (supra), were in peculiar facts of those cases and in any case the same cannot be said to be laying down the good law in view of the decisions of the apex court in smt. basantibai's case as well as in .....
Tag this Judgment!Court : Delhi
Reported in : 73(1998)DLT732
..... got a powerful and attractive shape which would immediately attract the eye. the learned senior counsel submitted that people traveling by air, rail and other modes of transport would look at the shape of the box and then would make enquiries as to who had manufactured it and they would like to buy one. thereforee ..... are associated exclusively with the plaintiffs, that the purchasing public are likely to associate the defendant's impugned travel cases with the plaintiffs. the plaintiffs goods have had good visibility in india through print media and electronic media, i.e. through the samsonite website on the internet and through actual usage of the plaintiffs ..... thereforee likely to be aware of the plaintiffs products, and when they see the defendant's impugned travel case they will assume that the defendants goods are the goods of the plaintiffs, or that the defendants have some type of collaboration with the plaintiffs or that defendants have manufactured the impugned travel case under .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]131STC523(All)
..... specification. copy of the relevant extract of the contract dated october 25, 1999 is annexure 1 to the writ petition. under the contract, the rate of supply of ballast, transportation charges, loading and unloading charge, stacking charges, etc., are separately stipulated. under the u.p. trade tax act stone ballast is liable to pay trade tax at 7. ..... security. section 8-c(3-a) states : 'notwithstanding anything contained in sub-section (2) or subsection (3), the commissioner of sales tax may, in respect of any goods notified by the state government in this behalf, by a general order in writing, direct that a cash security of such amount as may be specified in such order shall ..... stone ballast.15. however, we are certainly of the opinion that the fixation of the cash security on the basis of the price of the highest quality of goods is arbitrary and hence violative of article 14 of the constitution. in maneka gandhi v. union of india air 1978 sc 597 the supreme court held that arbitrariness .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1999All333
..... part of the turnover. the exclusion provided for in sub-clause (1) of explanation ii is in respect of freight that is paid by the buyers for the transport of goods after their purchase from the seller's place to the buyer's place. the freight that is contemplated by theexclusionary 8 provision contained in the explanation. the freight ..... motor truck to the places where these revisionists carry their business. the truck hire is claimed to have been paid directly by the buyers to the transporters on the arrival of the goods and, therefore, the truck hire was not included in the turnover by the dealers. the books of accounts were rejected and the turnover was determined by ..... was not stated and some other lower figure was mentioned. there are different types of trucks and every transporter and dealer has his own way of working. it is not also the case of the revenue that any truck carrying the goods of the revisionist was checked at the entry check post and was found to contain more quantity of .....
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