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 : Mumbai
Reported in : 2001(4)BomCR35; (2001)3BOMLR65
..... been notified to trade into these products. the reply encloses therewith the necessary notifications.24. it is thereafter pointed out in the reply that a.p.m.c. was established in the year 1956 to eliminate mat-practices prevailing in the wholesale marketing of the agricultural products to safeguard the interest of the agriculturists. the markets in the city which ..... which was reserved for extension of dharavi sewage purification plant under section 126 of the m.r.t.p. act was subsequently sought to be utilised for the residential and commercial purposes as approved under the b.m.r.d.a. act. in that, context, in paragraph 22 the court observed as follows :-'it is thus well-settled legal ..... is spread over 153 acres and as per the chart enclosed to the affidavit in writ petition no. 3620 of 1998, by year 1999 there were more than 2000 shops and the number of daily users of the market was in the range of 50,000. surely, they needed facilities like hotels and restaurants. then also how many hotels .....
Tag this Judgment!Court : Gujarat
Reported in : [2001(91)FLR660]; (2001)2GLR1626; (2001)IILLJ1007Guj
..... high court held that the view taken by the appellate authority that the respondent no. 1-institute may be an establishment but unless it is held to be commercial establishment under the rajasthan shops & commercial establishments act 1958 it will not come within the ambit of payment of gratuityact, 1972, is wholly unsustainable. in our ..... opinion, it is required to be noted that even if the institution is held to be a commercial establishment, benefit can be extended ..... institute, a college imparting education and a society registered under the societies registration act, 1966, fell within the definition of a 'commercial establishment' under the bombay shops and establishment act and section 1(3)(b) of the payment of gratuity act will be applicable to it even if an educational institution was .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2002)81ITD553(Ahd.)
..... leave petition against the judgment of the gujarat high court whereby the high court dismissed a reference application on the question whether interest on amounts borrowed for establishing a new unit capitalised but still claimed as a revenue expenditure in the relevant assessment year could be allowed. it may be noted that a similar claim ..... is revenue expenditure incurred for the purpose of business must be determined on a consideration of all the facts and circumstances, and by the application of principles of commercial trading. the question must be viewed in the larger context of business necessity or expediency. if the outgoing or expenditure is so related to the carrying on ..... in the said details. it appears from the copy of vouchers enclosed with the said details that this represents cost of cloth piece purchased from raymond's retail shop for rs. 10,051. the learned counsel contended that this was presented to a person connected with the assessee's business. in any case this can .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2001)73TTJ(Ahd.)404
..... leave petition against the judgment of the gujarat high court whereby the high court dismissed a reference application on the question whether interest on amounts borrowed for establishing a new unit capitalised but still claimed as a revenue expenditure in the relevant assessment year could be allowed.it may be noted that a similar claim ..... revenue expenditure incurred for the purpose of business must be determined on a consideration of all the facts and circumstances, and by the application of principles of commercial trading. the question must be viewed in the larger context of business necessity or expediency. if the outgoing or expenditure is so related to the carrying on ..... in the said details. it appears from the copy of vouchers enclosed with the said details that this represents cost of cloth piece purchased from raymonds retail shop for rs. 10,051. the learned counsel contended that this was presented to a person connected with the assessees business.in any case this cannot be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349
..... authority the contractor who undertakes to produce a given result would be creating a status of government servant by selecting any appointing persons for a particular establishment/undertaking. such a consequence will obliterate the constitutional scheme in relation to government employment resulting in uncontemplated and unimaginative liabilities in financial terms. he ..... dismissed the appeal. on further appeal to this court, it was held that the word 'control' was required to be interpreted in the changing commercial scenario broadly in keeping with the constitutional goals and perspectives; the interpretation must be based on some rational and relevant principles and that the public ..... however, clarified that an inference that the corporation was the agent of the government might be drawn where it was performing in substance governmental and not commercial functions. it must be mentioned here that in the light of the judgments of this court, referred to above, it is difficult to agree .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(6)ALD533; 2002(2)ALT791
..... section (1); the dispute shall be referred to government whose decision shall be final. section 26 of the act enumerates sanction to programme, budget and establishment schedule and section 27 about publication of sanctioned programme. section 32 specifies about transfer of land vested in local authority to the board for purposes of ..... layout belonging to indian airlines employees housing society was approved by huda and the corporation granted permission in favour of seventh respondent for construction of commercial complex having regard to the revised layout plan approved by the second respondent-board. the learned counsel would further submit that an undertaking was ..... public interest involved in the writ petition. he would submit that according to the revised layout of the housing board, the site was earmarked for shops. he would further submit that the committee of indian airlines welfare association on obtaining consent from all the members, including the petitioner herein, passed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC141; 94(2002)DLT465(SC); JT2001(9)SC416; 2001(8)SCALE22; (2002)1SCC482
ORDER1. This appeal by special leave is from the judgment and order of the High Court of Delhi in Civil Revision No.61 of 1999 dated February 5,1999. The dispute in this appeal arises under Section 25B(5) of the Delhi Rent Control Act, 1958(for short, 'the Act').2. The respondent filed eviction petition under Section 14(1)(c) of the Act in the court of Rent Controller, Delhi, stating that the appellant is the tenant of Flat No.21-D, SFS, Motia Khan, New Delhi (for short, 'the premises') and he needed it for his bona fide personal occupation. On receipt of summons of the eviction petition, the appellant filed an application under Section 25B(5) of the Act seeking leave of the court to contest the eviction petition.3. On considering the material placed before it, the learned Additional Rent Controller dismissed the application of the appellant and ordered eviction of the appellant on August 19, 1998. The appellant unsuccessfully challenged that order in the High Court of Delhi by filing ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD210; 2002(1)ALD(Cri)137; 2002(1)ALT611; 2002CriLJ1105
..... examiner of the department of prohibition & excise, the state also asserts that the 'black jaggery' is unfit for human consumption and has no other legitimate or established use other than for themanufacture of id liquor. the state clearly asserts that 'black jaggery' is possessed, transported and used exclusively for manufacture of id liquor and ..... at p 529) it is said that penal statutes must be construed strictly. in tuck v. priester, (1887) 19 qbd 629, which is followed in london and county commercial properties in vestments v. att. gen., (1953) 1 wlr 312, it is stated: we must be very careful in construing that section, because it imposes a penalty ..... for last ten years. he alleges that in september, 2000 respondents 7 and 9, the inspector and the sub-inspector of excise department, karimnagar, visited the shop of the petitioner and threatened him not to sell jaggery and alum. therefore, he apprehends that the respondents might prevent him from carrying on business. admittedly, no .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD598; 2002(1)ALT738
..... was enacted to consolidate and amend the law relating to the regulation of conditions of work and employment in shops, commercial establishments and other establishments. section 2 defines various expressions as under:2(5): 'commercial establishment' means an establishment which carries on any trade, business, profession or any work in connection with or incidental or ancillary to any such trade, business or profession or which is a ..... , eating-house, residential hotel, lodging house, theatre or any place of public amusement or entertainment and includes a commercial establishment and such other establishment as the government may, by notification, declare to be an establishment for the purpose of this act; 3(21): shop means any premises where any trade or business is carried on or where services are rendered to customers and includes a .....
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