Court : Delhi
Decided on : Apr-08-2011
..... finding of the court in the hindu adoption & maintenance case has a binding effect in terms of section 11 of cp.c and such an observation in the judgment in a case between the parties is also a relevant fact under section 6 & 13 of the indian evidence act. counsel for the appellant in this ..... paragraph-22 of the impugned judgment by taking a view that the allegations leveled by the appellant in the petition filed under section 18 of the hindu adoption and maintenance act attributing illicit relationship of the respondent with a concubine named pinki resulted in causing cruelty to the appellant in the absence of ..... court is erroneous and cannot be endorsed with. while considering the accusations, regard must be had to the context in which they are made. when there was demand of dowry and ill- treatment, on that account necessarily respondent has to lodge a complaint. if that is to be taken ..... by the appellant was diagnosed as a 'blunt injury' upon the abdomen. the learned metropolitan magistrate, however, directed framing of charges against the accused persons only under sections 323/34 ipc after finding that the nature of injury opined by the doctor was simple and the weapon used by the accused ..... court in section 18 proceedings. the argument of learned counsel for the appellant that the learned trial court ought to have strike off the defence of the respondent due to the non- payment of the amount of interim maintenance will thus not sustain in the light of the above discussion.27. thus .....Tag this Judgment!
Court : Delhi
Decided on : Apr-25-2011
..... or it may be a government company or a company formed under the companies act, 1956 or it may be a society registered under the societies registration act, 1860 or any other similar statute. whatever be its genetical origin, it ..... and development, training and capacity building in areas related to basic and applied science, technology, management, design, operation and maintenance of irrigation, drainage, flood control, river training improvement and land reclamation. (d) facilitation of international inputs required by ..... and land resources for irrigation, drainage, flood control and river training applications, including research and development and capacity building, adopting comprehensive approaches and up-to-date techniques for sustainable agriculture in the world. scope2.2. the commission in achieving its ..... also uses information pulled by it for government irrigation works; and that the president or vice-president in-charge of the central office of the society is a government officer and the officers of the central government ..... which forum one should approach. the highcourt has held that the remedy is available under the industrial disputes act. when an element of public interest is created and the institution is catering to that element, the teacher, being ..... what means the duty is imposed. if a positive obligation exists mandamus cannot be denied."27. in k. krishnamacharyulu and others v. sri venkateswara hindu college of engineering and another, (1997) 3 scc 571, a two-judge bench .....Tag this Judgment!
Court : Delhi
Decided on : Jul-15-2011
..... of the deceased; (ii) the learned tribunal erred in deducting one-third (1/3rd) of the income of the deceased towards his personal expenses and maintenance instead of one-fourth (1/4th), which was the permissible deduction; (iii) the learned tribunal erred in capitalising the multiplicand constituting the loss of dependency ..... the deceased was employed in government co-ed. secondary school, barwala, delhi and was earning ` 7,346/- per month. a claim petition under section 166 of motor vehicles act, 1988 was filed by his aforesaid legal representatives claiming a sum of ` 10,00,000/- by way of compensation for his untimely demise. the ..... (supra), the appropriate multiplier would be the multiplier of 14, though in accordance with the ii schedule, the appropriate multiplier is set out as that of 15. adopting the multiplier of 14, the loss of dependency of the appellants comes to ` 85,950/- x 14 = ` 12,03,300/- (rupees twelve lakhs three ..... out to ` 7,162.50 per month, that is, ` 85,950/- per annum. 8. adverting next to the aspect of the multiplier to be adopted for augmenting the aforesaid multiplicand, the deceased was admittedly 45 years of age. he, thus, fell in the age-group of victims between 41 to 45 years ..... by 50% and in abati bezbaruah the income was increased by a mere 7%. in view of imponderables and uncertainties, we are in favour of adopting as a rule of thumb, an addition of 50% of actual salary to the actual salary income of the deceased towards future prospects, where the .....Tag this Judgment!
Court : Delhi
Decided on : Jan-17-2011
..... this trademark in its favour since 19th july, 2004/28th april, 2006. the case of the plaintiffs is that the defendants having committed acts of infringement and passing of by adopting the trademark tiya and using the trade dress, get up, colour combination and label identical to that of the plaintiffs.2. as regards ..... trial judge dismissed the application under order 8 rule 10 of the code of civil procedure filed by the respondent/plaintiff as also the application filed under section 151 cpc. as regards the application of the appellant/defendant, he directed the defendant to file his written statement. aggrieved from the order, the appellant ..... has got the territorial jurisdiction to entertain and try the present suit the plaintiff has invoked the jurisdiction of this hon'ble court under section 62(2) of the copyright act, 1957. further, the defendants have their business activities within the jurisdiction of this hon'ble court as they are selling the infringing ..... defendants to file the written statement before they filed an application under order vii rule 11 of the code of civil procedure. on 2nd september, 2009 when the defendants for the first time had put appearance before the court, their counsel stated that he would file the written statement within four weeks. ..... within four weeks of the filing of the amended plaint. replication thereto, if any, can be filed within four weeks thereafter.27. list the matter on 22nd march, 2011 for framing of issues and disposal of applications. .....Tag this Judgment!
Court : Armed forces Tribunal AFT Principal Bench New Delhi
Decided on : May-24-2011
..... column (d) of annexure iv, thereby causing loss to the government to the tune of rs.31,240/-. the sixth charge is under army act section 63, which is an alternative charge to fifth charge. charge no. 7 alleges that the appellant did not take action to credit the stores in the ledger, details of which are shown ..... dec 02 24 dec 02 24 dec 02 24 dec 02 24 dec 02 24 dec 02 27 dec 02 27 dec 02 27 dec 02 27 dec 02 27 dec 02 27 dec 02 27 dec 02 27 dec 02 27 dec 02 27 dec 0211 may 02 22 jun 02 22 jun 02 22 jun 02 22 jun 02 22 ..... also. 4. the appeal was resisted by the respondents contending, inter alia, that the appellant, in the capacity of qm, was accountable for the proper maintenance of the stock and the registers. during the period from 11.5.2002 to 16.1.2003, with intent to defraud, he authenticated issuance of 50 sets ..... (cod) and reported directly to sqm, took instructions, opened packets, made entries in the relevant registers/ledgers, and issued stores to authorised persons as and when required. there were a lot of complaints to the lao, regional office, lucknow regarding tampering in the issue vouchers pertaining to issues made during the period from ..... oxford english dictionary, the word ??furtherance ? is defined as ??action of helping forward ? . adopting this definition, russell says that ??it indicates some kind of aid or assistance producing an effect in future ? and adds that any act may be regarded as done in furtherance of the ultimate felony if it is a step intentionally taken .....Tag this Judgment!
Court : Armed forces Tribunal AFT Principal Bench New Delhi
Decided on : May-02-2011
..... ballest for 36 and 40 watt fluorescent tubular lamp 1000 nos 435.00 435000.00 total 435000.00 seventh charge army act sec. 52(f) such an offence as is mentioned in clause (f) of section 52 of the army act, with intent to defraud, in that he, on 18 may 1998, at the place and holding appointment ..... vide ext. ??x ? issued by cwe putting restrictions on the powers of ge, the relevant portion of which reads as under: on procurement of stores for maintenance and minor works 1. general xx xx xx xx xx xx xx xx xx xx xx xx 2. responsibility for procurement (a) chief engineer lucknow zone xx ..... policy writ large in section 354(3). ? ? . ? in the given circumstances, a lighter punishment would have served the purpose, more particularly when ge (w), who was also found guilty of the same charge, was given only a minor punishment. contradictory standards/yardstick and lack of coherence was found writ large in the consideration adopted by gcm in ..... 50 144.50 136.00 136.00 22800.00 22800.00 74000.00 77500.00 32100.00 28800.00 27200.00 27200.00 total 435000.00 twelfth charge army act sec. 41(2) disobeying a lawful command given by his superior officer in that he, at agra, on or about 15 aug 1998, having been ordered ..... m.p (air 1956 sc 116), fakhruddin v. state of m.p (air 1967 sc 1326), state of a.p v. thakkidiram reddy (1998(6) scc 554), ramji singh v. state of bihar (2001(9) scc 528) and gurpreet singh v. state of punjab (2005(12) scc 615) and came to the following conclusion: ??27. therefore, ...... .....Tag this Judgment!
Court : Delhi
Decided on : Jan-19-2011
..... granted pension on pro rata basis. this court directed that he would be entitled to full pension with interest on the arrears calculated @9% per annum effected from the date when the amount fell due and payable till payment was made. the basis of the view is that 33 years' qualifying service for pension is premised on the entitlement of civil ..... servants to service till the age of 58 years and if the government fixes a lower age when an employee would superannuate eg. 55 years for a commandant, the span of qualifying service has to be lessened by such number of years as is the differential between 58 ..... judgment should be reported in the digest?1. heard learned counsel for the parties.2. after initially reckoning qualifying service, for purpose of pensionary benefits payable to the petitioner as 27 years, 1 month and 16 days, the respondents corrected themselves by treating qualifying service as 30 years, 5 months and 10 days.3. it is not being disputed by the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-28-2011
..... against them. the swami, and ashutosh banerjee were separately charged for offence under section 404 ipc and 27/54/59 of arms act. accused ravi chauhan was also separately charged for offence under section 307 and 404 ipc. similarly accused om prakash was also separately charged for offence under section 404 ipc. accused savita was separately charged for offence under section 203 ipc. all accused entered the plea of not ..... conspiracy event, or material, which could not have permitted speculation of conspiracy at a prior point in time. 21. mr. mukesh kalia, learned counsel for the swami, in addition to adopting the arguments of ms. rebecca john, also urged that the three circumstances, which were sought to be put forward as incriminating him (the swami) were not proved at all. it ..... and two gents rings; however, pw-1 did not mention about the loss of any ring. 30. relying on the decision reported as sanwat khan v. state of rajasthan, air 1956 sc 54, it was argued that any conviction based on recoveries alone should not be rendered, unless corroborated by other reliable evidence. citing s. arul raja v. state of tamil ..... indeed, if this witness and the other relatives of the deceased had suspected savita and the swami, there was no reason, why this should not have been voiced by them when the police recorded the statements, on these separate dates. furthermore, the voluntary manner in which savita gave the deceased's articles of clothing, to facilitate investigation into the previous .....Tag this Judgment!
Court : Delhi
Decided on : Sep-23-2011
..... venereal diseases. we may also notice that section 2 of dissolution of muslim marriage act, 1939, section 32 of parsi marriage and divorce act, 1936, section 10 of indian divorce act, 1869, section 13 of hindu marriage act, 1956 and section 27 of the special marriage act, 1954 make incurable venereal diseases of either ..... whether the theory/technique stands tested; stands subjected to peer review and publication; its known or potential error rate; existence and maintenance of standards controlling its operation and; whether it has attracted widespread acceptance within the scientific community. specific legislation governing dna profiling ..... raises a paternity assertion. however biological parentage may also be a relevant issue in cases and circumstances involving displacement including disasters, adoption as well as in children born by ivf procedure or surrogacy. here maternity determinations may also be necessary. visitation rights with ..... under the common law. the nature of the corroboration would necessarily vary according to the particular circumstances of the offence charged. the test applicable to determine the nature and extent of the corroboration is the same whether the case falls within the ..... with a persons physical integrity. such forced interventions with an individuals privacy under human rights law in certain contingencies has been found justifiable when the same is founded on a legal provision ; serves a legitimate aim ; is proportional ; fulfils a pressing social need ; .....Tag this Judgment!
Court : Delhi
Decided on : Aug-03-2011
..... arise as to whether the appellants enjoys copyright therein or not. on the other hands, when plea of fair use under section 52 of the copyright act is adopted by the respondents what is expected from the court on the application of the provisions of section 52 of the act is not to examine whether the activity is infringement is not, but to examine whether the ..... the respondents. the respondents claimed copyright in their coupon and alleged infringement by the appellants. by the copyright act, 1956, section 2(1) copyright subsisted in every.original literary work, a literary work including, by virtue of section 48(1), compilation. under section 2(5)(a) and section 49(1), copyright gave the exclusive right to reproduce a substantial part of the work in any form ..... th cir. 1945) (the outline map of the united states with state boundaries is in the public domain and is not copyrightable.) (internal quotation marks omitted); meade v. united states, 27 fed. cl. 367, 372 (1992) (holding that.defendant's) love stamp could not be copyrighted because it :exist[ed] in the public domain); see also toro co. v. r& ..... are some more examples together with prepositions that commonly begin the completion: base..on, compare...with, interest...in, lend...to, misstate...for, prevent...from, regard...as, remind...of, supply...with. 27. the exercises depict originality, as it has originated from the author. it is nobody's case that the author has copied these exercises from other source. it also satisfies the .....Tag this Judgment!