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...(1995) 3 SCC 583 and the observation of the National Commission that “commercial purpose” would mean “profit-making activity on a large scale” was approved and, therefor...activity of the present appellant would not be a commercial activity as no “profit-making on a large scale” is involved. We do not agree. This Court in that decision had further held in para 21 as...“commercial purposes”.6. It is, therefore, clear that in spite of the commercial activity, whether a person would fall within the definition of “consumer” or not would be a question...
...an insured who takes the insurance policy cannot trade or carry on any commercial activity with regard to the insurance policy taken by him. Under Sec. 3 of the Insurance Act, 1938...coverage is taken for commercial activity carried out by the insured.In Halabury's Laws of England, vol. 25, 4 Edition, the origin and common principles of insurance is discussed and in...in connection with any goods or their user. Such services may be for any connected commercial activity and may also relate to the services as indicated in Section 2(1)(o) of...
...activity. If not it would be an economic activity providing benefits to the users of the approach road. It results in economic benefits. It may not be a commercial activity in the sense that it results...in profit to the PWD, the OP 1 or to the Government of Haryana directly. Here we need to differentiate between ‘economic’ viability and ‘commercial’ viability’ of a project or activity. The activity...’ activities. Economic activity need not be relatable to profit objective, while commercial activities have as their objective profitability. The Act in section 2(h) refers to activity in the sense of...
...behalf of respondent No.4 states that commercial activity is no longer being carried out from the premises of respondent No.4. Learned counsel for respondent No.4 is directed to furnish a specific...respondent No.4 falls within the residential area. That being so, the respondent No.2 is directed to ensure that no commercial activity is carried out in the premises in question and action as per law...be initiated against the officers who allegedly accepted licence fee from respondent No.4 for allowing commercial activity in the residential area. Disposed of. 11.04.2019 (JITENDRA CHAUHAN) atulsethi JUDGE Whether speaking / reason...
...“for any commercial purpose” are wide enough to take in all cases where goods are purchased for being used in any activity directly intended to generate profit….6...purpose of purchase of the generating sets and the commercial activity of manufacturing of edible oils for trade carried on by the appellant company, since the generating sets were intended to be used...(2018) 14 SCC 81 & 87, paras 12 & 17)“12. … It is therefore clear, that despite “...
...Arijit Pasayat, J.— An interesting question is raised in this appeal i.e whether the legal profession is a commercial activity or is it a trade or business. The Madhya Pradesh...was questioned by filing a writ petition before the Madhya Pradesh High Court which by the impugned judgment held that the legal profession does not involve a commercial activity and, therefore, the.... Generic term for most all aspects of buying and selling.”The expression “commerce” or “commercial” necessarily has a concept of a trading activity. Trading...
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...of those notifications in view of the earlier undertakings filed by them. Only very few had stopped commercial activity in terms of the undertakings.
2. Pursuant to the order made on....
4. Subject to what we note hereinafter, persons who have either earlier or now have stopped commercial activity in terms of the undertakings/affidavits filed but are covered by the two...Monitoring Committee can verify and if they have not ceased commercial activity, the premises shall be sealed and it be ensured that commercial activity is not carried on by them.
6. The...
...that the term “shop” as understood in the scheme of the Act is not merely a place where the business of purchase and sale takes place but it is a place where there is commercial activity arising from...that enumeration of other establishments in contradistinction to shops the word “shop” must be held to relate to a place where commercial activity of buying and selling merchandise takes place...' State Insurance Corporation would submit that the word “shop” is wide in its amplitude. It means a place where any kind of commercial activity is pursued and where services are rendered to the...
...utilise the temple pond to any commercial activity in the temples under the control of the respondent Devaswom Boards by the issue of writ of mandamus or such other writ, order or direction...ponds or to utilise the temple ponds for any commercial activity, as apprehended by the petitioner. They re-iterated the stand today as well. In the light of the aforesaid submissions made by the learned...apprehension that the respondents would start any fish farming in temple ponds or utilise the temple ponds for any commercial activity, in the temples belonging to the respective Devaswom Boards. In the...
...any activity directly intended to generate profit and profit is the main aim of commercial purpose, but in a case where goods purchased or services hired in an activity which is not intended to generate...availed. If it is availed with a view to carrying out large scale commercial activity with profit motive, then the buyer would not qualify as a consumer and the Act, 1986 would not be applicable and the...insurance for commercial activities falling within the ambit of the Act, 1986 is to be accepted, then obtaining any service for any commercial activity even for facilitating profit generation for...
...site set back of House No. HIG-32, Brij Vihar Colony, Ghaziabad.(ii) Issue a writ, order or direction in the nature of mandamus directing respondent no. 4 & 5 to stop commercial activity (Cycle...constructions over the side set back and has started commercial activity therein in the form of Cycle/Rickshaw Repairing Shop. The illegal constructions wherein the Cycle/Rickshaw Repairing Shop was...filed an affidavit before the Development Authority giving a committment that he shall stop the commercial activity. The seal was opened and aggrieved by the same, the petitioner has approached this...
...definition of “Commercial Activity” and whether renting out of space or furniture in residential building constitute “Commercial Activity”. He further sought information about the specific provision...-permissible uses and mitigating measures to be taken to counter misuse. However, the Master Plan does not define the word “commercial activity” as such. Respondent painfully elaborates the clause 15.6.3...provides response to the query of the appellant though nowhere the term “commercial activity” as sought by the appellant has been defined.DECISIONAfter hearing the...
...of the definition of “dealer” in that Act and meant a commercial activity, and that unless it was shown that the transaction was in the course of any trade or commerce with a motive to make profit it...nature of trade or commerce. Presence or absence of profit will not matter. But the activity must be of commercial character and in the course of trade or commerce. The second clause in the definition of...whether the assessee meant to run the fair price shop as a trade or commerce or a commercial activity. We do not find it possible to say that the fair price shop is a commercial activity of the...
...AIR 1962 SC 1161 the question for determination was whether plying motor buses by the Government by way of commercial activity amounts, to its...commercial activity if it is run with profit motive. Indeed even private operators in order to attract custom are also interested in providing the same facilities to the public as the Government undertaking...commercial undertaking is owned and run by the State does not ipso facto become a ‘public service'.”This case simply held that commercial activity carried on...
...claimed was essential for research and that they shall be used only for that purpose; and (3) the said institution is not engaged in any commercial activity.3. The Tribunal...was engaged in any commercial activity; and (3) whether the articles in question were imported by the said Research and Development Unit. The Tribunal answered the first question in the affirmative...in commercial activity. The fact that the Unit is a part and parcel of the appellants cannot be disputed nor has it been disputed. It is merely a Unit within the establishment of the appellant and is...
.... Any service rendered for a consideration is presumed to be a commercial activity in its broadest sense (including professional activity or quasi-commercial activity). But the Act does not intend to...[of ‘service’ under Section 2(1)(o) of the Act] is to include in it not only day-to-day buying and selling activity undertaken by a common man but even such activities which are otherwise not commercial...definition of “service” in Section 2(1)(o) of the Act. But the said observation is of no relevance. The Board is not carrying on any commercial, professional or service-oriented activity. No “benefit” is...
...definitions do not say that the non-agricultural land should be actually utilised for an industrial or commercial activity, but it is enough if the land is kept for use for a purpose connected with...column (3) where the land is used for any commercial purpose and at the rate specified against it in column (4) where the land is used for any other non-agricultural purpose including residential purpose...commercial purpose per fasli year, and (c) for any other non-agricultural purpose, including residential purpose, per fasli year.4. The question with which we are...
...Diagnostic Centre which has yielded income to the Trust, would not be an activity falling within the term “commercial activity”.8. The National Commission has recorded a...that in the subsequent years the Trust had suffered losses. What is, therefore, contended is that an activity which has resulted in financial loss to the appellant cannot be treated as a “commercial...in running a Diagnostic Centre with the aid of the machines supplied by Respondent 1 cannot but be treated to be a commercial activity. So far as the contention that the Trust had incurred losses in...
...sense it is taken to mean “everything that occupies the time, attention and labour of men for the purpose of livelihood or profit”. In a narrow sense it is confined to commercial activity. It is obvious...Menon v. Meenakshi Amma, construed the expression “trade or business” as connoting commercial activity and as not including the practice of the legal profession. The learned Judges referred to...nothing commercial about it was not business within the meaning of Section 10(3)(a)(iii) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960. He argued that though the Andhra...