Court : Kolkata
..... because, one must presume a constant bias in the mind of such a trader towards his rival. when one presumes this constant bias, one would expect that the representations that are made, seriously about a rival s product are bound to be false, misleading, unfair or deceptive. this is more so because one is not in a ..... shape of which is similar to the dettol antiseptic liquid bottle containing the amber colour liquid. a non-antiseptic (vim) is compared to an antiseptic product dettol. the representation that antiseptic liquid is dangerous is wrong. it is true that it is not to be ingested particularly by children. but, even children s toys are cleaned with ..... advertisements lauding a product are not to be taken as a representation of fact with regard to the product at all. hence, an action for misrepresentation would not lie. it follows, as stated in the de beers case that generally advertisements are not taken seriously by the people. this was reiterated by another division bench of the delhi .....
Tag this Judgment!Court : Kolkata
..... issuance of sale notice it was specifically stated that the sale was made on as is where is and as is what is basis . and that the bank made no representation and guarantee regarding any encumbrance or statutory liability. admittedly, the claim of the decree holder was not a statutory liability payable by the judgment debtor but was an encumbrance, which ..... the dues of the decree holder. the sale notice specifically stated that the property was being sold on as is where is and what there is basis and that no representation and warranty was given by the bank relating to encumbrances or statutory liabilities. as the claim of the decree holder is actionable and under section 132 of the transfer of .....
Tag this Judgment!Court : Kolkata
..... bags manufactured and supplied were exempt from payment of excise duty. subsequently by a notification some of the branded goods supplied were removed from the purview of exemption. accordingly, a representation was made to the jute commissioner who informed the excise commissioner that branding would not mean writing the names of the destination or like on the jute bags, branding would .....
Tag this Judgment!Court : Kolkata
..... the present writ application. admittedly after being served with the impugned show cause notice, the petitioner has not taken any steps to appear before the customs authorities and submits their representation either orally or in writing/ they straight way has come before this court challenging the legality and propriety of the notices impugned. the authority concerned has not yet taken any ..... the present petition. both the parties raised some points involving the question of law as well as facts which required to be adjudicated by the authority concern upon submission of representation to the show cause notice. there are provisions in the law to move before higher forum if the petitioner is aggrieved with the decision whatever may be taken by the .....
Tag this Judgment!Court : Kolkata
..... meaning a duty to observe certain aspects of rules of natural justice. a body may be under a duty to give fair consideration to the facts and to consider the representations but not to disclose to those persons details of information in its possession. sometimes duty to act fairly can also be sustained with providing opportunity for an oral hearing. it ..... with a state in sales transactions has the effect of preventing him from purchasing and doing a lawful trade in the goods in discriminating against him in favour of other people. the state can impose reasonable conditions regarding rejection and acceptance of bids or qualifications of bidders.just as exclusion of the lowest tender will be arbitrary, similarly exclusion of a .....
Tag this Judgment!Court : Kolkata
..... company by a letter dated 23rd february, 1981 submitted its offer and agreed to act as a distributor of the defendant. thereafter, the parties were negotiating and ultimately on representation made by amiya kanti das that das family would take up distributorship of seeds in whole of west bengal under the name and style green distributors . and are agreeable ..... for the state of west of bengal. it was contended that the plaintiff has, in fact, the alter-ego of the said limited company and on a clear representation that the said limited company in effect would function as a distributor under a new name the defendant had agreed to appoint the plaintiff as its distributor in the ..... state of west bengal instead and place of the said company. the appointment of the plaintiff as a distributor was also on the basis of a representation made by the said company that they were facing labour trouble and it would not be possible for the said company to continue with the business because of such .....
Tag this Judgment!Court : Kolkata
..... idbi. he said that notice of this application was served on all the secured creditors of the company. apart from mr.sur for united bank of india there is no representation from the creditors.mr.dutta represents the official liquidator. mr.sur complains that till date no amount has been paid to united bank of india and thus the order of .....
Tag this Judgment!Court : Kolkata
..... filed that was dismissed after condoning the delay. the respondent made a representation as we find from page 22-24. they contended to have excavated thirteen crores fifty eight lacs cubic meter. they also claimed to have certified removal of thirteen ..... any case, the representation shall be dealt with as per law and be disposed of within a period of two months from the date of receipt of the same. a review petition was ..... appeal was filed. the division bench observed, without entering into the merits of the case, we are only inclined to grant liberty to the appellant to submit a representation to the chairman-cum-managing director of the respondent company to deal with the facet of payment and if the same is admitted, the authority shall act accordingly. in .....
Tag this Judgment!Court : Kolkata
..... any further discussion. question in the circumstances is, whether this court can entertain prayer (d) alone and direct the official respondents to consider the petitioners grievance, as highlighted in their representation. 9. section 5 of the act provides that adjudication or trial of not only disputes, complaints and offences with respect to levy, assessment, collection and enforcement of any tax under .....
Tag this Judgment!Court : Kolkata
..... harish chandra bajpai and another vs. triloki singh and another reported in air 1957 sc 444 the supreme court sought to define the word trial in the light of the representation of people act, 1951. in the said case the apex court opined that the expression trial is susceptible to both narrow and wider interpretation and the interpretation which is textually relevant .....
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