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2001 (5) TMI 270 - CEGAT, MUMBAI Justice K. Sreedharan, Shri J.H. Joglekar, JJ.
REPRESENTED BY : Shri A.K. Chatterjee, Advocate, for the Appellant.
Shri B.B. Sarkar, DR, for the Respondent.
[Order per : Justice K. Sreedharan, President]. -
These applications are for modification of the order passed on stay petitions. Along with the appeals, appellants moved petitions claiming for stay of recovery of duty of Rs. 18.35 lakhs and penalty of Rs. 10 lakhs and a further penalty of Rs. One lakh on the partner. By order dated... ... ...
1983 (2) TMI 319 - GUJARAT HIGH COURT The court held that taxpayers cannot claim a refund of tax paid with full knowledge of its legality, without compulsion, even if later found to be unlawful. It affirmed the jurisdiction of the civil court to entertain refund claims and rejected the argument of payment under mistake or coercion. The inclusion of packing costs in assessable value was upheld, citing legislative competence. The court emphasized equitable considerations in granting relief, preventing unjust enrichment. The Union of India's appeal was allowed, trial court's decision set aside, plaintiff's suit dismissed, and no certificate for appeal to the Supreme Court granted.
1992 (11) TMI 112 - HIGH COURT OF JUDICATURE AT BOMBAY S.P. Kurdukar and M.L. Dudhat, JJ.
[Oral Order per: Kurdukar, J.]. - This is a batch of writ petitions wherein the petitioners have raised a plea of promissory estoppel. For the purposes of this judgment, we may refer to the averments contained in writ petition No. 1495 of 1986 and indicate as to how the issue of promissory estoppel has been raised in these writ petitions.
2. The petitioners are a private limited company registered under the Partnership Act and are inter alia dealing i... ... ...
2022 (9) TMI 1307 - DELHI HIGH COURT Maintainability of suit for permanent injunction - restraining infringement of trademark, copyright, trade dress etc. against unknown Defendants - HELD THAT:- The import of goods which violate Intellectual Property Rights is governed by the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (IPR Rules). As per the said rules, import of any counterfeit products or products which violate IP rights of trademark owners, copyright owners, etc., is not permissible. The customs autho... ... ...
2007 (11) TMI 664 - Intellectual Property Appellate Board The court allowed the application for expunging the trade mark DROT, directing the Registrar to remove it from the Register of Trade Marks. The delay in filing the reply was condoned, and the rejoinder was permitted to be taken on record. The court found the trade mark DROT lacked distinctiveness and was likely to cause confusion with a similar mark, supporting the applicant's claim. The applicant, being prejudicially affected by the respondent's trade mark registration, was deemed a person aggrieved with the locus standi to file the application.
1999 (12) TMI 889 - BOMBAY HIGH COURT The Ct dismissed the plaintiffs' motion for a temporary injunction and vacated the ad interim order, finding no prima facie case for passing off or copyright infringement. The Ct determined that the defendants' packaging predated the plaintiffs' relaunch, negating claims of misrepresentation and misappropriation of goodwill. The plaintiffs were granted six weeks to appeal, with the status quo maintained during this period.
2020 (1) TMI 1407 - NATIONAL COMPANY LAW TRIBUNAL , KOCHI BENCH Oppression of Minority - whether the acts of Respondents as alleged by the Petitioners would indeed constitute an act of oppression against the minority shareholders which calls for the intervention of this Tribunal? Sree Visakh Theatre - HELD THAT:- Sree Visakh Theatre was constructed during the period 1976-1978 by Respondent Nos.2 and 4. The Petitioners became shareholders of the Respondent No.1 Company in the year 2009, long after Sree Visakh Theatre was constructed. From the Records before u... ... ...
2016 (10) TMI 1075 - NATIONAL COMPANY LAW TRIBUNAL, HYDERABAD Related Party transactions - non approval from the Central Government - Held that:- Prior approval sought to be obtained from the Central Government is interalia with an object to safeguard the interest of various stakeholders viz shareholders, creditors, suppliers, etc and also to bring in transparency in the corporate dealings with respect to related party transactions. In the present Application, the Applicants have not obtained approval from the Central Government for any of the related part... ... ...
2009 (12) TMI 522 - HIGH COURT OF DELHI Winding up - Circumstances in which a company may be wound up - Held that:- In the instant case, the petitioner had deposited a certain amount of money as a security deposit, in terms of the Agreement between the parties. On the respondent’s failure to fulfil its obligations under the said Agreement, the petitioner chose to terminate the Agreement by a written notice, and called for refund of the security deposit. In view of the fact that the Agreement to Lease was an unregistered document, as w... ... ...
1989 (8) TMI 201 - CEGAT, NEW DELHI The appeal was allowed by remand, directing the Collector to re-adjudicate the matter with a written show cause notice, considering the Tribunal's observations on licensing, applicability of Section 111(d) of the Customs Act, and the necessity for detailed discussions and findings.
2013 (8) TMI 577 - GUJARAT HIGH COURT Refund Claim of Duty - Unjust enrichment - finalization of provisional assessment - Duty paid under Protest - refund claim was rejected by the original authority on the ground that the petitioner-company had passed on an excess amount being claimed as refund to the customers and the refund claim was hit by doctrine of unjust enrichment. - Held that:- The duty on differential assessable value on account of Modvat Credit on input was denied on the ground of doctrine of unjust enrichment - Non rece... ... ...
2004 (9) TMI 118 - HIGH COURT OF DELHI Settlement Commission - Writ against settlement order - Maintainability of - Cenvat/Modvat - Input - Wastage... ... ...
2002 (9) TMI 873 - BOMBAY HIGH COURT The court dismissed the plaintiffs' motion, finding no infringement of copyright in the TV serial or artistic work, and no passing off. The defendants' commercial was deemed an independent creation, not a copy of the plaintiffs' work. Insufficient evidence supported the plaintiffs' claim of ownership of the artistic work. The court ruled no confusion or damage to the plaintiffs' goodwill existed. Each party was to bear their own costs, with potential for future compensation if the plaintiffs succeeded, given the defendants' financial stability.
2002 (9) TMI 804 - RAJASTHAN HIGH COURT The court upheld the taxability of iron strips and hooks used in job-work for ginning and pressing cotton, considering them as taxable sales under Article 366(29A) post-46th Amendment. The reassessment under Section 12 of the Rajasthan Sales Tax Act was deemed valid, with penalties set aside but tax and interest upheld for the assessment years in question.
1997 (5) TMI 66 - CEGAT, COURT NO. II, NEW DELHI Justice U.L. Bhat, President, S/Shri K. Sankararaman, Member (T), Lajja Ram, Member (T), G.R. Sharma, Member (T) and S.S. Kang, Member (J)
[Order per : Justice U.L. Bhat, President]. - These appeals have come up before us for hearing on reference by a two-Member Bench which disagreed with the decision of a three-Member Bench of the Tribunal in Punjab State Electricity Board v. C.C.E., Bombay 1987 (27) E.L.T. 432.
2.The common appellant, a Govt. of India Undertaking was granted an indus... ... ...
1990 (10) TMI 350 - ORISSA HIGH COURT The court quashed the orders of the Sales Tax Officer and the revisional authority, remitting the matter back to the Sales Tax Officer for reassessment. The penalty was to be recalculated, deducting the value of refractories and other essential equipment integral to manufacturing. The Sales Tax Officer was instructed to determine the value of goods for tax purposes after giving the petitioner an opportunity to be heard. The writ application was disposed of without any order as to costs.
1978 (8) TMI 231 - Supreme Court The court held that the film "New Delhi" did not infringe the plaintiff's copyright in the play "Hum Hindustani." The court found that the similarities between the two works were trivial and incidental, while the dissimilarities were substantial. Copyright protection was emphasized to extend to the specific expression of ideas, not the ideas themselves. The appeal was dismissed without any order as to costs.
2022 (2) TMI 443 - DELHI HIGH COURT Registration of trademark - only ground on which the impugned order refuses registration of the appellant s mark is that it is not distinctive - HELD THAT:- The impugned order does not allege that the mark, or any mark deceptively similar thereto, was ever registered, or even in use in respect of goods or services identical or similar to the marks in respect of which registration was sought by the appellant. Nor could it be alleged that the mark AND THEN THERE WERE NONE was descriptive of the se... ... ...
2021 (5) TMI 745 - ITAT MUMBAI Exemption u/s 11 - charitable activity u/s 2(15) - HELD THAT:- Assessee is not carrying out of any activity which is related to advancement of any other object of general public utility. Source of the income of the assessee is from the member s fee and from the organization of exhibitions etc which is done only to promote the interest of the members. The assessee filed the memorandum of association and also referred to various objects of the assessee which has been reproduced above and we find t... ... ...
2007 (4) TMI 658 - GUJARAT HIGH COURT The court held that the circular dated September 2, 2005, could not have retrospective effect, overturning the previous circular from 2001. It quashed reassessment notices based on the 2005 circular, stating that rights accrued under the 2001 circular could not be nullified retroactively. The court remitted the issue of classifying fuels as raw materials, processing materials, or consumable stores to the assessing authority/appellate authority for further evaluation. The petitioners were allowed to challenge any adverse decisions in accordance with the law.
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