Judgment Search Results Home > Cases Phrase: patents amendment act 2002 section 32 amendment of section 67 Sorted by: recent Court: delhi Year: 2005 Page 8 of about 83 results (0.123 seconds)

Patel Engineering Ltd. and anr. Vs. National Highways Authority of Ind ...

Court : Delhi

Reported in : AIR2005Delhi298; 2005(1)CTLJ377(Del); 118(2005)DLT623; 2005(80)DRJ458

..... credit for performing the surat contract, and that lg ought not to be given that credit, issuance of the certificate dated 19th march, 2004, and later the amended one dated 13th may, 2004, (to incorporate the scope of additional works awarded by nhai) are matters of record. nhai, however, contends that these experience certificates ..... petitioners enclosed the experience certificate issued on 19.3.2004 along with the technical bid.7. the experience certificate earlier issued on 19.3.2004 was subsequently amended by nhai, on 13.5.2004 to include additional work - resulting in value of the works thereforee, being shown as rs.2550 millions. the relevant ..... performed the entire obligations under the surat contract, the responsibility of the execution of which had been shouldered by them exclusively since 2002. it is submitted that the respondents were bound to act on the basis of that certificate and the nhai could not go back from its representations made and certificates issued. mr. desai .....

Jaiprakash Hyundai Consortium Vs. Satluj Jal Vidyut Nigam Ltd.

Court : Delhi

Reported in : 2005(1)ARBLR443(Delhi); III(2005)BC47; 118(2005)DLT69; 2005(80)DRJ574

..... be adjusted from the amount payable to the petitioner;(iv) the threatened action of the respondent in recovering the amount by enforcing the two bank guarantees is patently against the conditions subject to which the amount was released by the respondent and accepted by the petitioner.13. before i deal with the above contentions of ..... fraudulent recommendations given by the crc and another committee of officers overruling the earlier recommendations given by its own appointed crp.6. vide letter dated 2.9.2002, the respondent made suggestions to start the recoveries of the said amount and wanted the petitioner to re-word the bank guarantees furnished by the petitioner ..... 1. the petitioner m/s.jaiprakash hyundai consortium (for short m/s. jhc) has filed this petition under section 9 of the arbitration and conciliation act, 1996 (for short the act), read with section 151 cpc for grant of an ad interim order restraining the respondent m/s. satluj jal vidyut nigam limited (earlier known as nathpa .....

Amar Nath Sehgal Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 117(2005)DLT717; 2005(30)PTC253(Del)

..... rights may have anomalous unintended consequences and were, incidentally, in excess of the requirement of berne convention. the section was amended to read:''57. author's special rights. -(1) independently of the author's copyright, and even after the assignment ..... creativity and ingenuity''. artists play an important social role by contributing to cultural heritage thereby also elucidating history.40. why do patents and copyrights go into the public domain after a lapse of time? (duration governed by municipal legislation). the answer is ..... and the state to acknowledge the value of artists' contributions to cultural heritage.''42. the 10th five year plan 2002-07 of the government of india outlines india's vision for art and culture. in chapter 2.12. it ..... thus brought at par with the berne convention. in conformity with the berne convention, section 57 of the copyright act 1957 protects the author's right of paternity as also the right of integrity. distortion, mutilation or modification if .....

Majestic Auto Ltd. and Shri Pankaj Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... is based upon the presumption that the dealers were the agents of mal and hence dealers' premises was "place of removal" under sec.4 of the central excise act as amended from 28.9.1996, while the factual position is that the title to goods stood transferred from mal to dealers at the factory gate and therefore, the dealers premises ..... in the present case. therefore, the finding of non existence of seller buyer relationship between mal and its dealers on the basis of incorrect interpretation of loi is patently wrong.17. the commissioner has compared return of stocks lying unsold in swil case with the rebate/discount in price shared between mal and its dealers to conclude that ..... see page 69 of vol.3 part i) mal had cited the tribunal decision in associated strips and also the decision of frexton cables (india) v. cce, delhi (2002(142) elt 694) to support their contention that the goods were sold by them to dealers at the factory gate, the transfer of possession of goods was effected at the .....

Ram Karan and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 118(2005)DLT402; 2005(81)DRJ37

..... not independently of the proceedings.''the high court was clearly without jurisdiction in entertaining the application under section 151 and 152 to award the additional benefits under the amendment act 68 of 1984 or to amend the decrees already disposed of.'14. so is the view taken in union of india v. rangilaram : air1996sc206 , state of maharashtra v. maharau srawan ..... filed a regular first appeal. however, after the judgment of the regular first appeal, only the appellants came up in further appeal by filing the present letters patent appeal and the other parties accepted the judgment. it is only after a delay of almost 20 years that cm 804/2001 was filed by respondents no. 2 ..... to 17 seeking their impleadment as respondents which was allowed on 15.3.2002.4. the impleadment of the respondents, however, does not imply that they are ipso facto entitled to the enhanced claim to which the appellants are entitled. these .....

Shri Subhash Chand Vs. Govt. of Nct and anr.

Court : Delhi

Reported in : 117(2005)DLT527; 2005(82)DRJ346

..... bench of that court in the case of radhey shyam v. state of haryana, 1997 (6) slr 1. 22. section 2(a) was inserted in this act by amending act of 35 of 1965 which was effective from 1.12.1965 with a clear legislative mandate to enable an individual workman to raise an industrial dispute in relation to ..... employer and the employees in the regions is likely to be adverse disturbing industrial harmony understood in its larger sense. (5)while the appropriate government can examine the patent frivolousness of the demands, it shall not itself adjudicate on the demands made by the workman, which should be left to the labour court/tribunal concerned. the government ..... was ex facie bad and incompetent.'16. this view was followed with approval by the supreme court in the case of assistant executive engineer karnataka v. shivalinga, : (2002)illj457sc where the court after considering the judgments of ajaib singh (supra) and sapan kumar pandit v. u.p. state electricity board, 2001 scc 946 stated that the .....

Delhi Transport Corporation Vs. Jagdish Chander

Court : Delhi

Reported in : 120(2005)DLT664; (2005)IIILLJ390Del

..... discretion in the court so as to enable it to do complete and effective justice between the parties which is illustrated by introduction of section 11 of the act by amending act 47 of 1971. the tribunal or the labour court thus was empowered to interfere in the quantum of punishment inflicted upon a workman on conclusion of a ..... enunciated even explained in greater depth by the supreme court in the case of jaipur zila sahakari bhoomi bank ltd. vikas v. shri ram gopal sharma and ors : (2002)illj834sc . in this case their lordships of the supreme court specifically referred that the law as stated in the case of punjab beverages pvt. ltd., chandigarh v. suresh ..... of the proceedings before the high court. while learned counsel for the respondent has placed reliance upon the judgment of this court in lpa no. 361/2002 decided on 25th september, 2002 to contend that in a case of this nature provisions of section 17-b have no application, learned counsel for the respondent workman has relied upon .....

Delhi Transport Corporation Vs. Shri Sardar Singh

Court : Delhi

Reported in : 118(2005)DLT63; 2005(80)DRJ611; [2005(105)FLR1124]; (2005)IILLJ430Del; 2006(1)SLJ222(Delhi)

..... i.d. no. 370 of 1997.3. the delhi transport corporation is a body corporate created under section 3 of the road transport corporation act, 1950 read with the delhi transport laws (amendment) act, 1971 having perpetual succession and common seal. the corporation is involved in providing transportation in delhi. the workman sardar singh was appointed as a ..... respondent and pay him the back wages.'and in the case of jaipur zila sahakari bhoomi bank ltd. vikas v. shri ram gopal sharma and ors., : (2002)illj834sc where the supreme court held as under:' 14. where an application is made under section 33 proviso, the authority before which the proceeding is pending for approval ..... hereinafter referred to as the 'act') before the industrial tribunal, delhi which as already noticed was rejected by the labour court. against this order of the labour court dtc have come up in writ petition before the high court and the writ was allowed. however, upon an appeal the letters patent bench allowed the lpa and .....

Raj Kumar Chawla and ors. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2005)94ITD1(Delhi)

..... the word 'manufacture', but by virtue of section 2, it provided that for the purposes of the act, definition of specified goods as contained in ce act be adopted. later, by an amendment act, 1980 the definition of 'manufacture' in ce act was enlarged to include 'processing'. the assessee contended that the enlarged definition of manufacture was not applicable for ..... expired. in p.v. doshi v. cit (1978) 113 itr 22 (guj), difference in irregularity and illegality has been explained. in k.m. sharma v. ito (2002) 254 itr 772 (sc), it has been held that a provision regulating period of limitation must receive strict construction.16. shri rastogi also filed the analysis of lucknow special ..... it cannot be ignored. otherwise, main section will become otiose.15. further reference has been made to the judgment in the case of vipin khanna v. cit (2002) 255 itr 220 (p&h), for the proposition that service of notice within twelve months period as per proviso to section 143(2) is essential. non service of .....

Shri Rajesh Khanna Vs. Govt. of Nct of Delhi and ors.

Court : Delhi

Reported in : 2005(1)ARBLR247(Delhi)

..... experience have quantified the total damage and has given the award of rs. 1 crore in favor of the respondent it cannot be held that such an award is so patently unjust and irrational and shocking to the conscious of the court, that the same should be interfered with.'18. on the afore stated touchstone of law, decision of ..... non arbitrable and hence he could decide on claims 4 to 6 which related to prolongation of work, i may only note the judgment of the apex court reported as 2002 4 sc 45, general manager, northern railway and anr. v. sarvesh chopra: '15 in our country question of delay in performance of the contract is governed by sections ..... in the award, final payment would be due to the contractor after final measurements are recorded; final bill raised, bill verified and thereafter payment tendered. the learned arbitrator has acted reasonably in awarding interest w.e.f. 1.4.1992.86. on the issue of interest, learned counsel for the respondents urged that there was no stipulation in the .....