Court : Delhi
Decided on : Aug-13-2009
Reported in : 2009(41)PTC1(Del)
..... compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial. the need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated. the ..... the party from the species of injury. in other words, irreparable injury or damage would ensue before the legal right would be established at trial; and(3) that the comparative hardship or mischief or inconvenience which is likely to occur from withholding the injunction will be greater than that would be likely to arise from granting it.the supreme court ..... royalty. 38. the grant or non grant of injunction has to be measured within the parameters of three tests laid down by this court. however, the court must weigh the comparative hardship of one party as against the another and has to decide whether the injunctory relief is warranted or whether interim directions would suffice. injunctions should not result in extreme ..... continuous infringement of the plaintiff's repertoire by extensive use in many programmes, the chart of which has already been placed on record. the said user of the copyright by the defendants clearly amounts to infringement under copyright act, 1957. the learned counsel states that section 51 of the copyright act, 1957 is a deeming provision and in case the defendants infringes the copyright .....Tag this Judgment!
Court : Delhi
Decided on : Apr-24-2009
Reported in : 159(2009)DLT243; LC2009(2)1; 2009(40)PTC125(Del)
..... -quinazolinamine hydrochloride, methods of production, and pharmaceutical uses thereof.' in the said document a reference is made to the earlier us patent no. 5747498 issued on may 5, 1998 (which corresponds to erlotinib hydrocloride a combination of polymorphs a&b;). a reference was made to the mesylate form of the compound which is easily deliverable according to parenteral methods of administration ..... /2009 filed by the plaintiff in the present appeal. a perusal of the said order shows that the rejection was on the ground that the applicant had failed to provide comparative data compared to prior art u.s.'498 to show any enhancement in the therapeutic efficacy of the polymorph b. even for the stability and bioavailability they claimed, no data was ..... plaintiffs' response to the anticipation argument and was different from the defendant's objection on the ground of obviousness.(v) there was merit in the plea of the defendant that comparative data regarding efficacy of the plaintiffs' drug, with existing drugs, was not independently shown at the time of examination of the claim by the controller of patents to establish that ..... specifically averred that the plaintiffs' patent 'for which the complete specification is yet to be disclosed for the drug erlotinib' was 'completely invalid'. a reference was made to section 3(d) of the act and it was submitted that erlotinib is a derivative of a known patent 'quinazoline'. it was stated that there were at least three eu patents dating back to .....Tag this Judgment!
Court : Delhi
Decided on : Sep-10-2009
Reported in : 2009(41)PTC197(Del)
..... action if the uncertainty were resolved in his favour at the trial. the need for such protection has, however, to be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not ..... discretion to find the amount of substantial mischief or injury which is likely to be caused to the parties, if the injunction is refused and compare it with that it is likely to be caused to the other side if the injunction is granted. if on weighing competing possibility or ..... of injury. in other words, irreparable injury or damage would ensue before the legal right would be established at trial; and(3) that the comparative hardship or mischief or inconvenience which is likely to occur from withholding the injunction will be greater than that would be likely to arise from granting ..... 1999 to 13.12.2006 and from 13.12.2006 onwards which have no doubt been filed beyond the period of extension of time under section 25 of the act. the said renewal applications are pending in the trade mark office. it is alleged that the plaintiff company filed a writ petition bearing w ..... mark alleged in the plaint. it is urged that this court has no territorial jurisdiction to entertain and try the present suit under section 134 of the trade marks act.23. per contra, the plaintiff asserted that the question with regard to jurisdiction is a triable issue which requires determination and evidence .....Tag this Judgment!
Court : Delhi
Decided on : Oct-23-2009
Reported in : 164(2009)DLT346
..... rohini sector-14, delhi-110085report no. fsl....2004/c-1019 dated 30/09/04please quote the report (opinion) no. & date in all future correspondence & summons.tothe station house officerps subzi mandidistt. north,delhi-7your letter no. 1021/sho/s.mandi dated 25.05.2004 regarding six parcels in connection ..... ) ltd.)second party sd.witnesses:1) rajiv khannas/o. sh. k.l. khanna,r/o. 34/505, kang roshnara appt.sec-13, rohini, delhi - 8539. a chart filed by mr. thadani indicating the list of persons with whom respondent no. 5 had executed settlements is reproduced hereinbelow:list of persons ..... with that of the english courts to issue prerogative writs is to introduce the unnecessary procedural restrictions grown over the years in a comparatively small country like england with a unitary form of government to a vast country like india functioning under a federal structure. such a ..... 1995) 1 scc 14, d.k. basu v. state of w.b : (1997) 1 scc 416 and rudul sah v. state of bihar : (1983) 4 scc 141.application of rule in ryland v. fletcher50. the principle of liability without fault was enunciated in ryland v. fletcher reported in (1868) lr ..... as hypophosphite. it is also excreted in unchanged form though the lungs.action: phosphine inhibits respiratory chain enzymes and has cytotoxic action. it acts by inhibiting the electron transport resulting from preferential inhibition of cytochrome oxide.inhalation: mild inhalation exposure produces irritation of mucous membranes and acute respiratory .....Tag this Judgment!
Court : Delhi
Decided on : May-15-2009
Reported in : 159(2009)DLT673
..... the people's case in that respect depends almost wholly on expert evidence, offered to show that certain alleged defects in the defendant's typewriter corresponded with defects in the typewritten words; and that evidence, so far as it was visualized for the jury, consisted of exhibits prepared by the ..... in typescripts pertaining to double impressions, irregular margins, letter and line spacing. pertaining to double impressions, the learned author opines that the fault is comparatively rare and the presence of a double impression is an identifying feature of some importance. the theory behind a double impression is that if a ..... prosecution has successfully established the motive.73. it is no doubt true that conduct of an accused is relevant and admissible evidence under section 8 of the evidence act.74. with reference to the testimony of anil sikand pw-13 and birender singh pw-43, the learned trial judge has held ..... such as use of 'there' or 'their', use of 'to', 'two,' or 'too,' and' 'your,' or 'you're.' next, fitzgerald created a chart and determined whether a particular word, abbreviation, or phrase was used correctly or was an idiosyncrasy. his results were reviewed by two other law enforcement officers. no sources ..... .p-21 belonging to janta commercial college owned by pw-27.44. maj. r.r. gupta pw-45, deposed that since 10.6.1983 he was the control officer with central ammunition depot of government of india and that a record of ammunition was maintained of captured ammunition. that .....Tag this Judgment!
Court : Delhi
Decided on : Jan-23-2009
Reported in : 156(2009)DLT725
..... on grounds other than those specified under article 19(2).the supreme court in lic v. manubhai d. shah (prof.) : 3scr595 observed as under:23. every right has a corresponding duty or obligation and so has the fundamental right of speech and expression. the freedom conferred by article 19(1)(a) is, therefore, not absolute as perhaps in the case ..... tobacco or smoking has found prohibition in terms of notification dated 06.12.1991 of the ministry of information & broadcasting in exercise of powers conferred under sub-section (2) of section 5b of the cinematograph act, 1952. thus, the board of film certification is to be guided by the various principles set out therein and it is duty bound to ensure that '( ..... tex. app. dallas 715 s.w. 2d 398. false and deceptive advertising is regulated by the federal trade commission and similar state agencies. see also printers ink statute.comparative advertising. advertising that specifically compares the advertised brand with other brands of the same products.competitive advertising. advertising that contains basically little information and is used only to allow a producer to maintain ..... of this notification shall be categorized as 'old films'.explanation (2).- for the purpose of this sub-rule, 'foreign film' implies 'imported' as defined in the cinematography (certification) rules, 1983.(6a) in case of old indian and foreign films, the owner or manger of the cinema hall or theatre where the film is being screened shall ensure that anti tobacco .....Tag this Judgment!