Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 32 amendment of section 67 Court: delhi Year: 2005 Page 5 of about 83 results (0.350 seconds)

Dr. SalahuddIn Ahmed Siddiqui Vs. the Chairman, Governing Body and ors ...

Court : Delhi

Reported in : 2005(2)ARBLR234(Delhi); 121(2005)DLT129; 2005(83)DRJ563

..... upon by the hon'ble supreme court in surya dev rai v. ram chander rai and ors. : air2003sc3044 . the amendment carried out to section 115 of the cpc with effect from 1.7.2002 severely curtailed the revisory powers of the high courts. the apex court held that the powers under articles 226 and 227 of ..... for passing additional arbitral award is specifically declined because steps in this direction ought to have been taken within the time prescribed under the arbitration and conciliation act, 1996. moreover, such orders cannot possibly be passed where the petitioner himself contends that the initial award passed was void ab initio since it was passed ..... committee. they were already aware that efforts by these persons to resolve their disputes were underway. thereforee, there was no necessity for the appeal committee to act contrary to the wishes of the parties at whose instance the matter had been forwarded to them for adjudication. whenever a person performs quasi-judicial functions care .....

Indian Airlines Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 2006(3)SLJ461(Delhi)

..... establishment' as defined in section 2(ii) of the payment of wages act, 1936 did not include civil aviation industry.15. thereafter, by payment of wages (amendment) act, 1964 which came into force on 1st february. 1965, section 2(ii) of the payment of wages act, 1936 was amended by insertion of clause (aa), which is as under:(aa) air transport ..... to re-examine and reconsider its earlier judgments. the supreme court in the case of director of settlement a.p. and ors. v. m.r. apparao : [2002]2scr661 has examined article 141 of the constitution of india and has unequivocally held that the law laid down by the supreme court is binding on all courts in ..... legislation. in cases of 'legislation by reference', repeal or amendment of the first statute has effect on the second/subsequent statute. in this regard it may be appropriate to refer to the judgment of the supreme court in the case of nagpur improvement trust v. vasantrao and ors. : [2002]supp2scr636 , the relevant portion (at page 678 onwards) .....

Vasant Kunj Enclave Housing Welfare Society and ors. Vs. Union of Indi ...

Court : Delhi

Reported in : 127(2006)DLT826

..... purpose. similarly, there can be no dispute and indeed no such dispute was raised by learned counsels for the petitioners that the master plan for delhi can always be amended for the planned development of vasant kunj phase-iv. if acquisition of land was in anticipation of this proposal of planned development, no fault can be found in the ..... it. (see raja anand brahma shah vs. state of uttar pradesh and ors., : [1967]1scr373 and first land acquisition collector and ors. vs. nirodhi prakash gangoli and anr., : [2002]2scr326 .the above principles of law have been followed by this court in m/s sri ballabh marbles and ors. vs. kawaljeet singh and anr., w.p. (c) nos. 4933 ..... are submitted for approval of lt. governor for issue of notifications u/s. 4, 6 and 17 of la act. after taking decision on the above said points i and ii in the preceding para the notifications will be suitable amended.submitted please.20. it is quite clear from a reading of the above that the basic difference in procedure .....

Kanta Devi Mittal and ors. Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 119(2005)DLT682; 2005(83)DRJ160

..... cases where awards had not been made by the reference court till 30.4.1982. in the instant cases the impugned awards were made after the amended act had come into force, thereforee, the amended provisions of section 25 would apply and for that reason that is no force in the submission made by learned counsel for the appellant'.6. it ..... , does not lay down the correct law'.7. so far as the decision in case of the land acquisition officer cum- dsw0 v. b.v. reddy reported in : [2002]1scr1041 is concerned, according to learned counsel for the appellant the same would not be applicable in the instant case as in that case award made by the land acquisition ..... provisions, namely, section 23 and section 28 of the act. according to learned counsel, in view of the decision of this court in case of union of india v. rajiv gupta and ors. : 96(2002)dlt225 , the appellants are entitled to market rate. it is in view of this decision, learned counsel submitted that the court has considered various decisions .....

Yum! Restaurants India Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Delhi

Reported in : (2005)196CTR(Del)435; 122(2005)DLT370; 2005(83)DRJ102; [2005]278ITR401(Delhi)

..... a right of being heard in regard to the material gathered on the basis of the audit conducted by the special auditors. the law was amended and by taxation laws (amendment) act, 1974 post hearing was specifically provided to the assessed w.e.f. 1.4.1996. the law has specifically contemplated an effective post- ..... procedural order in finalisation of the assessment proceedings. in support of his contentions, he relied upon the cases of living media ltd. v. commissioner of income-tax : [2002]255itr268(sc) , super cassettes industries ltd. v. assistant commissioner of income-tax 1999) 102 taxman 202 (delhi).16. as a proposition of law, it cannot ..... accepted accounting package named as 'baan'. return declaring `nil' income accompanied by statutory audit report and test audit report was filed on 28th october, 2002 for the assessing year 2002-03 for which assessment proceedings were taken on or about 28th october, 2003, which are still pending. during the course of hearing of assessment proceedings .....

Motorola Inc., Erisson Radio Vs. Deputy C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)96TTJ(Delhi)1

..... of interest used the expression "may" thereby giving a discretion to the authorities concerned to either reduce or waive the interest. the change brought about by the amending act (finance act, 1987) is a clear indication of the fact that the intention of the legislature was to make the collection of statutory interest mandatory." (underlining ours) the ..... do not cover the payment with which we are concerned in the present appeal. clause (i) refers to transfer of rights or granting license in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property. but-software supplied did not fall under any of these items. clause (ii) ..... because the software supplied by the assessee was not supplied for the purpose of imparting any such information. clause (iva) was introduced only w.e.f 1.4.2002 and hence not relevant for the year under appeal. clause (vi) refers to rendering of services in connection with the activities referred to in sub-clauses (i) .....

PromaIn Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)281ITR107(Delhi)

..... bench, the validity of the date of the last panchanama itself depends on the date of assessment order; this reasoning is patently erroneous.21. mr. shiva swamy submitted that neither the term "panchanama" is defined anywhere in the it act or in the it rules or even in the criminal procedure code (crpc) nor any form of panchanama is prescribed under the it ..... very existence of such satisfaction/belief is justiciable. he also placed reliance on the decision of jodhpur bench of tribunal in the case of chitra devi v.asstt. cit (2002) 77 ttj (jd) 640 wherein it was held that the tribunal has the jurisdiction as also the duty to examine the validity of authorization for search when the same ..... 132. it was further noticed that a contrary view, however, has been taken by the delhi bench of tribunal in the case of varinder bhatia and ors. v. dy cit (2002) 74 ttj (del) 60 : (2001) 79 itd 340 (del) wherein it was held that the powers of the ao and the tribunal while disposing of the block assessment .....

Hindustan Construction Co. Ltd. and anr. Vs. Satluj Jal Vidyut Nigam L ...

Court : Delhi

Reported in : AIR2006Delhi169; 2006(1)ARBLR16(Delhi); 2006(1)CTLJ239(Del)

..... 101999.dear sir,this has reference to the bank guarantee no. 99/202 dated 21 october, 1999 extended vide letter dated 16th dec. 1999, and its subsequent amendment dated 14 jan, 2003, issued by your frankfurt branch on behalf of joint venture of m/s impregilo s.p.a. 120099.sesio san giovanni (milano)-italy ..... bank guarantees were to be returned to the applicants on 07.07.2003, i.e., after one year of the maintenance period which commenced on 8th july, 2002. however, the respondent without giving any notice, arbitrarily and illegally purported to invoke all the said bank guarantees furnished by the applicants on 07.07.2003, i ..... v. state of bihar and ors. : air1999sc3710 and hindustan steelworks construction ltd. v. tarapore & co. and anr. : air1996sc2268 has emphasized that the respondent has acted contrary to the terms of the contract and the prescribed performance period having not expired, they have no jurisdiction to encash the bank guarantees and they are causing irretrievable injustice .....

Poonam Rani Singh Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

..... court it is clear that issuance of notice under section 148 was found to be justified. it was also held that in view of the amendment made under section 147 of income tax act w.e.f. 1,4.1989, the assessing officer could not only assess or reassess the escaped income in respect of which proceedings under ..... officer did not find any escapement, the reopening was considered valid by the judicial forum giving jurisdiction to the assessing officer to proceed under section 147. after the amendments made to section 147 with effect from april 1, 1989, the condition precedent is only that the assessing officer should have reason to believe that income chargeable to ..... so because the formation of belief by the assessing officer is within the realm of subjective satisfaction." 17. in the case of damodar h. shah v. asst. cit [2002] 245 itr 774, the gujarat high court has held that if the assessing officer had reason to believe that the income chargeable to tax has escaped assessment, the requisite .....

Municipal Corporation of Delhi Vs. Dharma Properties and anr.

Court : Delhi

Reported in : 120(2005)DLT588

..... have given notice to the assessed. fourthly, learned counsel placed considerable emphasis on the expression at any time occurring in section 126(1) of the act to say that the assessment list could be amended at any time. hence, it is contended, the giving of notice is merely procedural, and meant to sub-serve the primary objective of having ..... the additional district judge, and affirmed by the learned single judge, namely, rathi's case has since been reviewed by an order of this court dated 20th september, 2002 which had recalled the order and left the question open for decision. eventually, the division bench dismissed that appeal. thirdly, it is contended that the giving of a ..... s. ravindra bhat, j.1. the present appeal under letters patent is directed against the judgment and order of a learned single judge dated 21st february, 2002, rejecting the writ petition preferred by the appellant (hereafter called mcd ). the issue involved is what is meant by to give a notice, as per sections 126(2 .....