Court : Andhra Pradesh
Reported in : 2006(5)ALD442; 2006(5)ALT361
..... a of karnataka town and country planning act, 1961, change of land use can be accorded for conversion of use from dwelling to commercial for establishment of a hotel/restaurant. the high court of karnataka took a view in favour of such conversion, which was reversed by the ..... included in i town area, which according to general town plan published in 1969 was earmarked for residential and light commercial purposes. therefore, no wholesale business is permissible. after establishment of urban authority as per hyderabad urban development authority (huda) rules and regulations, which were initially adopted by urban ..... involving pollution of any other type depending on circumstances.9.1 commercial use zone:the following uses are permitted in this zone. dwellings, multi-storeyed or apartment houses, retail shops, department stores, lodges, hotels, restaurants and their accessory uses.professional business establishments, private office buildings, and colleges, schools, offering general educational .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... and extraneous considerations; (3) erroneous legal or factual foundation; (4) failure to consider relevant considerations; (5) inaction or delay; and (6) departure from established precedents or practice. citing the case of morrill v. jones, the learned author states, 'there is, in the first place abuse of discretion where the agency has ..... contain the following proposals, namely:--(a) proposals for designating the use of the land for the purposes such as (1) residential, (2) industrial, (3) commercial, and (4) agricultural;(b) proposals for designation of land for public purposes such as parks, playgrounds, recreation grounds, open spaces, schools, markets or medical, ..... schedule at pages 44 to 54) we see that a number of reservations/designations are indicated for primary school, high school, hospital, maternity home and dispensary, shopping centre, children's playground, playground, park, garden, green belt, fire brigade, parking, p.m.t parking, pumping station, office complex, civic and .....
Tag this Judgment!Court : Chennai
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
..... , was enacted in the year 1947. it is an act to provide for the regulation of conditions of work in shops, commercial establishments, restaurants, theatres and other shops and for certain other purposes. though the weekly holidays act of 1942, central act 18 of 1942 had been brought into force in this state from ..... defined under section 2(6) of the act. that is as follows : '2. (6) 'establishment' means a shop, commercial establishment, theatre of any place of public amusement or entertainment and includes such establishment as the government may, by notification, declare to be an establishment for the purposes of this act.' 61. the exemption clause, which is vital for our case, is ..... 1983, c. v. raman, an employee of the bank of india, submits as under : after referring to section 4(1)(c) of the shops act, it is urged that the meaning of commercial establishment came to be decided in madras state electricity board v. commissioner of labour, [1960] 19 fjr 465. in that case, the question arose .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT42
..... appeal against the interlocutory orders either granting temporary injunction under order 39 rules 1 and 2 or refusing the same. passing off action is sought to be established by various means viz., deceptive similarity, prior user of mark, distinctive and secondary meaning, household name for the product, generic meaning acquiring reputation and goodwill ..... . in ellora industries, delhi v. banarasi dass goela : air1980delhi254 , the learned single judge held thus:'the purpose of tort of passing off is to protect commercial goodwill; to ensure that people's business reputations are not exploited. since business 'goodwill' is an asset, and therefore/species of property the law protects it ..... the plaintiff and the defendant, he was led to believe that the plaintiff and the defendant are the same. he stated that if a servant goes to the shop it is difficult for him to distinguish one from the other.'acquiescence / delays / laches:61. in hindustan pencils pvt. ltd. v. india stationery products co. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR2030; 2001(2)KarLJ1
..... by the constitution. judicial activism, however, is not an unguided missile. it has to be controlled and properly channelised. courts have to function within established parameters and constitutional bounds. decision should have a jurisprudential base with clearly discernible principles. limits of jurisdiction cannot be pushed back so as to make them ..... a bearing on perhaps every aspect of the citizens' day-to-day life in bangalore, which are passed in utter disregard to enacted legal provisions and procedure established by law'. .... (para f). the complainant, therefore, filed the complaint praying for initiation of contempt of court proceedings against mr. lakshmisagar. points for ..... towards earnest money and securitydeposit;(iii) to look into a specific complaint that large structure in a residential area in koramangala is being used for commercial purposes.35.19-3-1999order (b)directions to corporation to save citizens from lung cancer that may be caused by burning of garbage:(i) to .....
Tag this Judgment!Court : Chennai
Reported in : 1993(42)ECC243
..... expression 'industrial plant' is, according to learned counsel, manifestly arbitrary and violates article 14 of the constitution of india. it, is submitted that establishments excluded are hotels,, hospitals, photographic studios, photographic film processing laboratories, photocopying studios, laundries, garages and workshops. they dp not belong to any class ..... in the performance of any process or series of processes necessary for manufacture, production or extraction of a commodity, but does not include(i) establishments designed to offer services of any description such as hotels, hospitals, photographic studios, photographic film processing laboratories, photocopying studios, laundries, garages and ..... a.v. femandex v. slate of kerala : [1957]1scr837 ; cit v. keshavlal : [1965]55itr637(sc) cit v. m& g stores : [1963]2scr405 joint commercial tax officer v. yma, madras : [1970]3scr680 ; europea oil (nz) ltd. v. inland revenue commissioner 1976 1 all er 503 (legal rights arising from a .....
Tag this Judgment!Court : Mumbai
Reported in : (2004)188CTR(Bom)232; [2004]267ITR488(Bom)
..... section 80hhc(4c), explain. (aa)]: ''export out of india' shall not include any transaction by way of sale or otherwise, in a shop, emporium, or any other establishment situate in india, not involving clearance at any custom station as defined in the customs act, 1962.' that as long as the proceeds are collected ..... guj) , wherein while deciding the claim of the assessee under 1961 act, struck a dissenting note and observed that practical commonsense approach keeping in view the commercial expediency should be adopted to find out legislative intent62. explanation (b) to sub-section (4a), describes the word 'export turnover' to mean sale proceeds received ..... for the use outside india of any patent, invention, model, design, secret formula or process, or similar property right, or information concerning industrial, commercial or scientific knowledge, experience or skill made available or provided or agreed to be made available or provided to such government or enterprise by the assessee, .....
Tag this Judgment!Court : Gujarat
Reported in : 2001(74)ECC51; 2005(179)ELT129(Guj); (2001)4GLR3630; 2006[2]STR300; [2007]7STT29
..... characteristic .... it is the personal skill, intelligence, study, integrity which is the core of a professional activity.' 25. the bombay shops and establishments act required compulsory registration of a commercial establishment where commercial activity is carried on. the court was called upon to examine the question whether the office of a person carrying on the profession ..... his office. 26. it is thus clear that the court was examining the question whether a lawyer's office could be considered to be a commercial establishment or not. all the observations relied upon by learned counsel for the petitioners were made in that context and the court was not at all ..... of a lawyer was a commercial establishment. it was in this context that the court gave a finding that the profession of an advocate is not one which could be said to partake of the character of a commercial activity or commercial transaction. certain attributes of the profession distinguishing it .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(3)BomCR581a; (1987)89BOMLR485
..... from the application of general laws relating to industrial relations. the legislation imposed reasonable restrictions on the fundamental right in the interests of persons employed in newspaper establishments and therefore, fell outside the categories specified in article 19(2). it was contended that its provisions had the effect of levying a direct and preferential ..... ltd. (jansevak) entered into negotiations with the company for printing and publishing editions of the times of india and nav bharat times from a press to be established at lucknow. three agreements dated june 4, 1983, july 30, 1983 and october 1, 1983 were entered into. in pursuance of the agreement, necessary applications ..... 305, the supreme court said that it had there been held that 'the freedom of speech could not be restricted for the purpose of regulating the commercial aspects of activities of the newspapers'. the freedom of a newspaper to publish any number of papers or to circulate it to any number of persons had .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(7)KarLJ100
..... would strenuously contend that the civil court ought to have taken into consideration the admitted non-agricultural potentiality of the acquired lands for building purposes which was also established both by the oral evidence and the document being the registered sale deed ex. p. 15, in addition to the observation of the lao in the ..... its condition and situation, the user under which it is put or is reasonably capable of being put to its suitability for building purposes, its proximity to residential, commercial and industrial areas and educational, cultural or medical institutions, existing amenities like water, electricity and drainage and the possibility of their future extension, whether nearby town is ..... karnataka housing board, sholapur road, khb colony, bijapur;(i) ex. p. 18 is a copy of the rectification deed to the conditional sale deed of auction shop site no. 6 of karnataka housing board colony executed on 6-6-1986 conveying the site formed in r.s. nos. 42, 43 and 47 of mahal .....
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