Court : Delhi
..... condition or price which may be adopted to meet the competition; or (b) limits or restricts- (i) production of goods or provision of services or market therefor; or (ii) technical or scientific development relating to goods or services to the prejudice of consumers; or (c) indulges in practice or practices resulting in denial of market access; or (d) makes conclusion of contracts subject to acceptance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts; or (e) uses its dominant position ..... to challenges to the validity of patent or coercive package licensing; or (d) if the patented invention is not being worked in the territory of india on a commercial scale to an adequate extent or is not being so worked to the fullest extent that is reasonably practicable; or (e) if the working of the patented invention in the territory of india on a commercial scale is being prevented or hindered by the importation from abroad of the patented article by- (i) the patentee or persons claiming under him; or (ii) persons directly or indirectly ..... 1999, the government of india constituted a high level committee to examine the then existing provisions of the monopolies and restrictive trade practices act, 1969 for shifting the focus of the law from curbing monopolies to promoting competition. ..... bill, 1953, which was based on the united kingdom patents act, 1949, was introduced in the parliament. .....
Tag this Judgment!Court : Delhi
..... pathak the learned counsel appearing on behalf of the petitioner has relied upon clause 16(2) of the general conditions of contract and also the provisions of section 31(7) of the arbitration and conciliation act, 1996 in support of his contention that since there was a prohibitory clause in the contract between the parties against award of interest, the learned arbitrators went wrong in awarding interest contrary to ..... of the gcc, i have hence permitted the learned senior counsel for the respondent to argue the aspect of seeking dismissal of the objection petition under section 34 of the arbitration and conciliation act which has asserted the disentitlement of payment of interest to the respondent on the sole ground of clause 16(2) of the gcc, because of this clause being hit by section 23 of the indian contract ..... act, unless the context otherwise requires,- (a) court includes a tribunal and an arbitrator; (b) current rate of interest means the highest of the maximum rates at which interest may be paid on different classes of deposits (other than those maintained in savings account or those maintained by charitable or religious institutions) by different classes of scheduled banks in accordance with the directions given or issued to banking companies generally by the reserve bank of india under the banking regulation act, 1949 (10 of 1949 ..... scheduled bank means a bank, not being a co-operative bank, transacting any business authorised by the banking regulation act, 1949 (10 of 1949). .....
Tag this Judgment!Court : Delhi
Reported in : [1983]53CompCas926(Delhi)
..... , what directions would be necessary to protect the interest of the landlord, who, on amalgamation, would be compelled to deal with the transferee-company whether the vesting of the assets of the transferor-company in the transferee-company on amalgamation is an act of the transferor company or has the statutory genesis and, thereforee, a vesting by an operation of law how far is such vesting distinguishable from vesting in the trustee in bankruptcy, transfer by the official liquidator in winding-up, and transfer by a ..... been determined, was not dependent on any principle of english law, but on the provisions of the statute concerned and in the context of the madhya pradesh statute, it was held that the expression 'tenant' in that act was wide enough to include a person who continued in possession of the demised premises even after the termination of the contractual tenancy and that, thereforee, the heritability was unaffected, whether such a tenant died before ..... it is dissolved not because it has died, or ceased to exist, but because for all practical purposes, it has merged into another forming part of one corporate shell. ..... view did not find favor with the lahore high court in the case of traders bank, air 1949 lah 48, and the bombay high court in the case of seksaria cotton mills ltd. ..... contention, which is inspired by the decision of the lahore high court in the case of traders' bank, air 1949 lah 48, and of the bombay high court in the case of seksaria cotton mills ltd. v. a. e. .....
Tag this Judgment!Court : Delhi
..... . on january 5, 1950, the constituent assembly enacted the government of india (amendment) act, 1949 by which section 290-a was inserted in the government of india act, 1935 providing that the governor-general may by order direct that an acceding state or a group of such states shall be administered as a chief commissioner's province or as part of governor's or chief ..... the:- (a) working, management and administration (including alleged financial irregularities) of ddca; (b) whether such practices have been conducive to the game of cricket; (c) recommendations to make ddca an institution compatible with international standards; (d) identify any acts of omission and commission by ddca and its office bearers during the period between january 1, 1992 and november 30, 2015 and fix responsibility (e) and whether such acts of omission need to be pursued and if so, in what manner; (f) recommendations to ..... observed during debates that "in the capital city of a large federation like ours the arrangement should be that in the area over which the federal government has to function daily, practically in all details, that government should have unfettered power, power which is not contested by another and subordinate legislature ..... . bidap; (1973) ii llj 41 8sc observed as under: the trend of academic opinion and the practice in the european system suggest that interpretation of a statute being an exercise in the ascertainment of meaning, everything which is logically relevant should .....
Tag this Judgment!Court : Delhi
Reported in : 1995IIAD(Delhi)505; AIR1996Delhi126; 1995(1)ARBLR585(Delhi); 1995(33)DRJ648
..... the arbitrators further directed that the payment in us dollars will be subject to the permission being granted by the competent authorities under the foreign exchange regulation act, 1973 and in the event of the authorities not granting the permission or even after such permission is granted but the respondents do not pay the awarded sum or not wanting to discharge their obligations of paying ..... or superimposed thereupon; nor do they assume any liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods represented by any documents, or for the good faith-or acts and/or omissions, solvency, performance or standing of the consignor, the carriers, or the insurers of the goods, or any other person whomsoever. ..... the power of the court to set aside an award is restricted to the grounds set out in section 30 of the act, namely, (a) where the arbitrator has misconducted himself of the proceedings; (b) where the award has been made after the issue of an order by the court superseding the arbitration or after arbitration proceedings ..... had to incur huge expenses in reorganising the supplies practically ab initio and thereby further loss of time has ..... governed by uniform customs and practice for documentary credits (ucpdc). ..... as regards an award made by an arbitrator under the act the law is well settled that the arbitrator's award is generally considered binding between the parties since he is the tribunal selected .....
Tag this Judgment!Court : Delhi
..... corporate business branch, c-10, g-block, bandra-kurla complex, bandra (east), mumbal-400051, a bank (which expression shall include its successors, administrators, executors and assigns) organized under the laws of banking regulation act, 1949, and having its corporate office at c-10, g-block, bandra-kurla complex, bandra (east), mumbai-400051 do hereby irrevocably guarantee repayment of the said amounts upon the first demand of the employer without cavil ..... as a neutral place as between a party from mumbai and the other from kolkata) and the tribunal sitting in delhi passes an interim order under section 17 of the arbitration act, 1996, the appeal against such an interim order under section 37 must lie to the courts of delhi being the courts having supervisory jurisdiction over the arbitration proceedings and the tribunal. ..... fort, mumbai- 400001, a bank (which expression shall include its successors, administrators, executors and assigns) a body corporate constituted under the banking companies (acquisition and transfer of undertakings) act 1970, and having its registered/head office at 254-260, avvaishannugam saslai, royapettah, chennal-600014 do hereby irrevocably guarantee payment to the employer up to rs.11,89,45,000/- (rupees eleven crores ..... jsl') - a public company incorporated under the companies act, 1956 - has filed these petitions under section 9 of the arbitration and conciliation act, 1996 (hereafter 'the act'), inter alia, praying that dakshinanchal vidyut vitran nigam .....
Tag this Judgment!Court : Delhi
..... that both the bank guarantees are identical and relies on the following conditions of the bank guarantees: we idbi bank limited, a company incorporated and registered under the companies act, 1956 and a banking company within the meaning of section 5(c) of the banking regulation act, 1949, having registered office at idbi tower, wtc complex, cuffe parade, mumbai-400005 and, inter alia, a branch office at tpc, mafatlal centre, 4th floor, mumbai-400021(hereinafter ..... the general rule is that the court, ordinarily, should avoid granting injunction to restrain the invocation of bank guarantee, unless it is prima facie satisfied that the act of the beneficiary/respondents is so glaring and unreasonable so as to cause irretrievable injury to the petitioner. ..... this obligation of the bank manifests an act of trust and faith in order to mobilize practices pertaining to trade and commerce. ..... as regards, the submission of mr.jain that the respondent no.1 has acted as an arbiter in its own cause and decided the quantum of damages unilaterally, the question, in my view, stands fully answered in the case of hindustan steelworks construction ltd. ..... this petition under section 9 of the arbitration and conciliation act, 1996 has been listed upon mentioning. .....
Tag this Judgment!Court : Delhi
..... the petitioner is a statutory authority under the chartered accountants act, 1949 ("the ca act") and its fundamental or dominant function is to exercise overall control and regulate the activities of the members/enrolled ..... (g) the maintenance and publication of a register of persons qualified to practice as chartered accountant ; (h) the levy and collection of fees from members, examinees and other persons ; (i) subject to the orders of the appropriate authorities under the act, the removal of names from the register and the restoration to the register of names which have been removed; (j) the regulation and maintenance of the status and standard of professional qualifications of members of the institute ; ..... of section 7 of the icai act, the constituent members of the petitioner who are in practice are required to use the designation of chartered accountant and no member of the petitioner is entitled to practice the profession of accountancy unless he has obtained a certificate for practice from the petitioner.34. ..... in addition, the petitioner as an expert body also prescribes the accounting principles, practices and standards which are required to be followed by various entities in reporting their ..... an articled clerk who has completed the practical training as provided in these regulations, before applying for membership of the institute, shall be required to attend a course on general management and communication skill or any other course as may be specified in the council from time .....
Tag this Judgment!Court : Delhi
..... 531 recommendation in chapter ix has endorsed that a central act be enacted on the lines of the vexatious litigation (prevention) act, 1949 (madras act viii of 1949) to curb vexatious or frivolous ..... ; (iii) technical access, including the relative complexity of procedural requirements and legal language, the treatment public officials afford those attempting to access the justice system, and other practical obstacles that may stand in the way of those who wish to make proper use of the courts. ..... the court noted that though a complaint under section 138 of the act is in regard to criminal liability for the offence of dishonoring the cheque and not for the recovery of the cheque amount (which strictly speaking, has to be enforced by a civil suit), in practice once the criminal complaint is lodged under section 138 of the act, a civil suit is seldom filed to recover the ..... 54. the convention is intended to guarantee not rights that are theoretical or illusory but rights that are practical and effective (underlining by us) the court was of the view that the applicant must have suffered distress in the court process and would have suffered damages on account of violation ..... state law for consideration is to have the repugnancy resolved by securing predominance to the state law, the president has to necessarily consider the nature and extent of repugnancy, the feasibility, practicalities and desirabilities involved therein, though may not be obliged to write a judgment in the same manner, the .....
Tag this Judgment!Court : Delhi
..... 531 recommendation in chapter ix has endorsed that a central act be enacted on the lines of the vexatious litigation (prevention) act, 1949 (madras act viii of 1949) to curb vexatious or frivolous ..... ; (iii) technical access, including the relative complexity of procedural requirements and legal language, the treatment public officials afford those attempting to access the justice system, and other practical obstacles that may stand in the way of those who wish to make proper use of the courts. ..... the court noted that though a complaint under section 138 of the act is in regard to criminal liability for the offence of dishonoring the cheque and not for the recovery of the cheque amount (which strictly speaking, has to be enforced by a civil suit), in practice once the criminal complaint is lodged under section 138 of the act, a civil suit is seldom filed to recover the ..... 54. the convention is intended to guarantee not rights that are theoretical or illusory but rights that are practical and effective (underlining by us) the court was of the view that the applicant must have suffered distress in the court process and would have suffered damages on account of violation ..... state law for consideration is to have the repugnancy resolved by securing predominance to the state law, the president has to necessarily consider the nature and extent of repugnancy, the feasibility, practicalities and desirabilities involved therein, though may not be obliged to write a judgment in the same manner, the .....
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