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Goods
purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3d Cir 1991. Associated Cement Companies Ltd. v. Commissioner of Customs, AIR … manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3d Cir 1991. Associated Cement Companies Ltd. v. Commissioner of Customs, AIR 2001 SC 862: (2001) 4 SCC 593. [Customs Act, 1962, ss. 2 (22) and
Passing off
of another which actually or probably, causes damages to the business or good of the other trader, Wander Ltd. v. Antox India P. Ltd., 1990 Supp SCC 727. Though there may not be a right to the exclusive … IPLR 231 (SC): 1997 AIPC 165 (SC). Even on disclaimer, a passing off action lies, Goodfrey Phillips India Ltd. v. Girnar Food & Beverages Pvt. Ltd., 2000 PTC 365 SC: (1998) 9 SCC 531. Proof of a fraudulent
Cause of action
SCC 417. Is a bundle of facts which are required to proof for obtaining to relief, Mayor (H.K.) Ltd. v. Owners and Parties Vessel N.B. Fortune Express, (2006) 3 SCC 100. Right to sue. All the facts which … nor does it depend upon the character of the relief prayed for by the plaintiff, A.B.C. Laminart (P) Ltd. v. A.P. Agencies, Salem, (1989) 2 SCC 163: AIR 1989 SC 1239. Means the circumstances forming the infraction of
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Undertaking
liabilities and arrest as distinct from the various rights and arrests which compose it, Shri Krishna Gyanoday Sugar Ltd. v. State of Bihar, AIR 2003 SC 3436. Means although various ingredients go to make up an undertaking, the … activities of that body, Words and Phrases Legally Defined, 3rd Edn., see also Mor Modern Coop. Transport Society Ltd. v. Financial Commr. & Secy. to Govt. of Haryana, (2002) 6 SCC 269. Means a going concern with all
Manufacture
transformation; a new and different article must emerge having a distinctive name, character or use, Allenbury Engineers Pvt. Ltd. v. Ramkrishna Dalmia, AIR 1973 SC 425: (1973) 1 SCC 7: (1973) 2 SCR 257. Here the formation of … a new and distinct article that a manufacture can be said to take place, Chowgule & Co. Pvt. Ltd. v. Union of India, AIR 1981 SC 1014: (1981) 1 SCC 653: (1981) 2 SCR 271. The word 'manufacture'
Processing
that the commodity must, as a result of the operation, experience some change' (See Chowgule & Co. Pvt. Ltd. v. Union of India, 1981 (1) SCC 653: AIR 1981 SC 1014). In a cold storage, vegetables, fruits and … that is not sufficient for holding that the stored articles have undergone a process, Delhi Cold Storage Pvt. Ltd. v. Commissioner of Income Tax, New Delhi, AIR 1991 SC 2125. Processing, include the preservation of such products as
Shall
68. Shall, is not a decisive factor in deciding whether a provision is mandatory or directory, Graphite India Ltd. v. Durgapur Projects Ltd., (1999) 7 SCC 645. Shall, is not conclusive of the question whether a provision is … be done by looking carefully to the whole scope, nature and design of the statute, Atlas Cycle Industries Ltd. v. State of Haryana, AIR 1979 SC 1149 (1153): (1979) 2 SCC 196: (1979) 1 SCR 1070. (ix) The
Suit
any particular statute will have to made in the content in which the same is used, Madalsa International Ltd. v. Central Bank of India, AIR 1998 Bom 247. Suit, does not become necessarily a suit for accounts merely … is clearly delineated in the provision itself, the content would not admit of any other stretching process, BSI Ltd. v. Gift Holdings Pvt. Ltd., AIR 2000 SC 926. [See also Sick Industrial Companies (Special Provisions) Act (1 of
Plant
a factory or business; the apparatus or equipment for a certain mechanical operation or process, Steel City Beverages Ltd. v. State of Bihar, (1996) 1 Pat LJR 868. Plant, has frequently been used in fiscal and other legislation. … a highly analogical and metaphorical sense, borrowed, unless I am mistaken, from the world of botany, Cole Bros Ltd. v. Phillips (Inspector of Taxes), (1982) 1 WLR 1450: (1982) 2 All ER 247 (HC). Plant, includes whatever apparatus
Rate
can impose rate on the annual letting value of the lands or buildings, Century Spinning and Manufacturing Co. Ltd. v. District Municipality of Ulhasnagar, AIR 1968 SC 859: (1968) 2 SCR 211. Includes any fare, freight or any … not directly related to taxable income, it maybe called tax computed at a certain rate, Sundaram Co. (Private) Ltd. v. Commissioner of Income-tax, AIR 1968 SC 124: (1967) 3 SCR 798. A Municipality cannot impose a tax, but
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