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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: recent Year: 2018 Page 8 of about 144 results (0.059 seconds)

Jul 10 2018 (HC)

Disney Enterprises, Inc.& Anr vs.pankaj Aggarwal & Ors

Court : Delhi

Decided on : Jul-10-2018

..... injunction restraining infringement of copyright, passing off, damages, rendition of accounts of profits etc. filed by the plaintiffs against the defendants. defendant no.4, m/s. aish enterprises is a partnership firm of defendant no.1 and 2. defendant no.3, m/s aish food products is their marketing outlet.2. the present suit has been filed in respect of the ..... would also result in passing off the defendants goods as those affiliated with the plaintiffs or sponsored by the plaintiffs.13. lightning mcqueen is a copyrighted character. under the copyright act, 1957, any copyrighted work protected internationally is liable to be protected in india, in view of the international copyright order as also india being a party to the berne convention ..... on the impugned products and website has been done without obtaining any proper license or permission from the plaintiff. the said act of the defendants has led to upfront infringement of copyrights belonging to the plaintiff as per the copyrights act, 1957. the wwe characters are immensely popular and appear on the various publicity material/promotional merchandise of the plaintiff and the .....

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Jul 09 2018 (HC)

Insecticides (India) Limited vs.parijat Industries (India) Pvt Ltd

Court : Delhi

Decided on : Jul-09-2018

..... a concluded agreement was an admission of law, which cannot be binding. supreme court also, in banarsi das vs. kanshi ram air1963sc1165held that dissolution of partnership was a matter of law and there could be no binding admission of the same, and in union of india vs. k.s. subramanian 1989 supp ..... the argument of the senior counsel for the defendant, of the plaintiff being bound by its admission is concerned, admission, per section 17 of the indian evidence act, 1872 is as to any fact in issue or relevant fact. the question, whether the goods of the plaintiff and the defendant are different, ..... applied for within the above mentioned said application shall be to have been abandoned for lack of prosecution under section 132 of the trade marks act, 1999 and there after the status of application in the computer database shall reflect the factual position that the aforesaid letter dated 23rd january, ..... of the plaintiff for registration of victor? stated as under: gentlemen/madam, the above mentioned application has been examined under the provisions of trade marks act, 1999 and trade mark rules, 2002 and the trade mark applied for is open to objection under the following sections :1. the trade mark ..... of the plaintiff for registration of victor gold? label stated as under: the above mentioned application has been examined under the provisions of trade marks act, 1999 and trade mark rules, 2002 and the trade mark applied for is open to objection under the following sections :1. the trade mark .....

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Jul 06 2018 (HC)

Santosh Chawla & Anr vs.state & Anr

Court : Delhi

Decided on : Jul-06-2018

..... on a distinct footing in so far as the exercise of the inherent power to quash is concerned. 16.8 criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute. 16.9 in such a case, the high court ..... . the second respondent had made a complaint sometime in 2008 in the court of metropolitan magistrate alleging offences punishable under sections 419/420/463/464/468/471/120b of indian penal code, 1860 (ipc) having been committed by the petitioners, concededly his mother and brother respectively, vis- -vis certain property in which he claimed to have a share. the said complaint resulted ..... that the criminal case also involves such grave offences as forgery and fabrication of documents in the nature of valuable security, which would attract an offence punishable under section 467 ipc. at the hearing it was fairly conceded that there is evidence presented with the charge-sheet indicating fabrication of general power of attorney and agreement to sell purportedly executed by ..... the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. the consequences of crl. m.c. no.1066/2016 page 4 of 5 the act complained of upon the financial or economic system will weigh in the balance .5. while it does appear that the allegations concerning the offences in the nature of cheating in .....

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Jul 06 2018 (HC)

Roshan Lal Kalra & Anr vs.state & Anr

Court : Delhi

Decided on : Jul-06-2018

..... of the inherent power to quash is concerned. crl. m.c. no.2540/2016 page 3 of 5 16.8 criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute. 16.9 in such a case, the high court ..... that the criminal case also involves such grave offences as forgery and fabrication of documents in the nature of valuable security, which would attract an offence punishable under section 467 ipc. at the hearing it was fairly conceded that there is evidence available confirming the forgery of the rent receipts which was presented in the rent control proceedings.5. in this ..... ) of police station sabzi mandi has registered a first information report (fir) no.89/2016 on 17.02.2016 for investigation into offences punishable under sections 420/468/4of indian penal code, 1860 (ipc). it appears the second respondent is the owner of property described as shop (internal no.6) in property no.2086, gali no.38, naiwala, karol bagh, new delhi ..... high court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. the consequences of the act complained of upon the financial or economic system will weigh in the balance .4. while it does appear that the allegations concerning the offences in the nature of cheating in .....

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Jul 06 2018 (HC)

Deepak Chaudhary vs.state & Anr

Court : Delhi

Decided on : Jul-06-2018

..... made a complaint before the station house officer (sho) of police station ranjit nagar, new delhi. since the said complaint disclosed commission of certain acts constituting cognizable offences punishable under sections 328/376/506 of indian penal code, 1860 (ipc) within the meaning of section 154 of the code of criminal procedure, 1973 (cr.p.c.), first information report (fir) no.596/2015 ..... on a distinct footing in so far as the exercise of the inherent power to quash is concerned. 16.8 criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute. 16.9 in such a case, the high court ..... high court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. the consequences of the act complained of upon the financial or economic system will weigh in the balance .9. a similar view was taken by this court in rupesh ranjan v. state & anr.in 2017 .....

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Jul 05 2018 (HC)

Indian Railway Catering and Tourism Corporation Limited (Irctc) vs.may ...

Court : Delhi

Decided on : Jul-05-2018

..... under the agreement. 19. the above clause, as is evident from a bare reading of the same, deals only with the case of the death of a partner of a partnership firm and not with the case of an individual licensee. the license agreement, however, defines the licensee to also include successor and assigns and is reproduced herein below: shri mahesh ..... in case there is the permissible clause in the constitution of the firm that the firm shall not be dissolved by reason of the death of one (in case of partnership partner or the severance of any partner from the business firm) of the firm and in case the performance of the licensee is entirely satisfactory according to the assessment of ..... between the parties does not contemplate any terms of reference to be framed by the appointing authority before referring the disputes to the arbitrator. referring to section 23 of the act, the supreme court in praveen enterprises (supra) has held that unless the arbitration agreement requires the arbitrator to decide only specifically referred disputes, the claimant can, while filing o.m ..... * + in the high court of delhi at new delhi o.m.p. 305/2015 reserved on:3. d may, 2018 date of decision :5. h july, 2018 indian railway catering and tourism corporation limited (irctc) ........ petitioner mr.nikhil majithia, adv. through: versus mayuri ben m. chotai through: mr.abhishek mr.surjeet singh, advs. ..... respondent singh, coram: hon'ble .....

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Jul 05 2018 (HC)

Eih Ltd. & Anr vs.sahana Realty Pvt. Ltd. & Ors

Court : Delhi

Decided on : Jul-05-2018

..... february, 2017, though no ex parte relief sought, granted.4. the counsel for the defendants no.1 to 4, on 9th february, 2017 informed that m/s oasis realty, a partnership of defendant no.1 and defendant no.3, is the developer of the property, the mark with respect whereto is the subject matter of the present suit and on the ..... their building construction project in delhi. knowledge and awareness of the defendants building construction project three sixty west is only by invitation. (d) in view of the judgment reported in indian performing rights society limited vs sanjay dalia and anr. reported in (2015) 10 scc161 air2015sc3479 the present suit alleging infringement and passing off could not have been filed in the ..... oushadha chandrika ayurvedic india (p) ltd. air2008mad 165, held that a clear distinction is made in section 20(c), of the cpc and in section 134(2) of trade marks act between ?carrying on business and ?personally working for gain ; while in latter, the legislative requirement is that defendant should personally work for gain, no such requirement is postulated in ?carrying ..... threesixtyone through its principal place of business and its corporate office at 7, sham nath marg, new delhi- 110054. d. under the provisions of section 134(2) of the trademarks act, 1999 as the plaintiffs, being the registered proprietors of the trademarks oberoi, threesixtyo and threesixtyone have their principal place of business and their main corporate office within the territorial jurisdiction .....

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Jul 04 2018 (SC)

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

Decided on : Jul-04-2018

..... gnctd & ors.) impugned action was:"notification dated 04.08.2015 issued by the revenue department, gnctd revising minimum rates of agricultural land (circle rules) under the provisions of indian stamp act, 1899 and delhi stamp (prevention of undervaluation of instrument)rules without placing before the lieutenant governor for his views/concurrence. writ petition(c) no.8190 of 2015 (sandeep tiwari ..... /191 dated 04.08.2015 issued by the government of nct of delhi, revenue department in exercise of the powers conferred by sub section(3) of section 27 the indian stamp act, 1899 (2 of 1899) and rule 4 of the delhi stamp (prevention of under valuation of instruments) rules, 2007 revising the 8 minimum rates for the purpose ..... keshavan madhava menon v state of bombay83 ( keshavan madhava menon ). a full bench of the bombay high court had held that assuming that the provisions of the indian press (emergency powers) act, 1931 were inconsistent with article 19(1)(a) of the constitution, proceedings which had been commenced and were pending at the date of the commencement of the ..... important issues consensually. it requires that despite all differences we are part of a common deliberative enterprise. 15 it envisages partnership and coordination between various institutions created by the constitution. mehta has underlined the importance of constitutional partnerships by referring to the working of the constituent assembly: the ability to work with difference was augmented by another quality that .....

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Jul 04 2018 (HC)

Rakesh Kumar Aggarwal vs.lock & Locking Devices

Court : Delhi

Decided on : Jul-04-2018

..... illegal use of his registered trade mark vijayan?, which is sub- judice. that, for the ends of this planning, the petitioner has fabricated a forged partnership deed, which is void-ab-initio. on its basis he is willing to get possession. the applicant/ third party has also submitted that, the applicant ..... party in present case in brief with the following statements:-"that, the petitioner by presenting the application in the court under section 276 of the indian succession act, 1925, has prayed for the issuing of probate by showing the execution of a will? dated 02.12.2008 executed by lt jagdish sharan ..... but it was deprived from filing an opposition due to the mark in the journal advertisement not being visible. the registration being contrary to the act and the rules, the same is prima facie, invalid. the defendant has already challenged the plaintiff?s registration and it is for the statutory authorities ..... the registration is subject. 35. thus, the exclusive right in a mark flows only if the registration is valid. under section 124 of the act, the court trying the suit can come to a prima facie conclusion on the validity of the mark. recently in patel field marshal rfa682009 page ..... , 1999:-" 1. whether the suit has been properly instituted?. opp2 whether the plaintiff is the proprietor of the trade mark vijayan?. opp3 whether the acts of the defendant amount to infringement of trademark?. opp rfa682009 page 4 of 32 4. whether the plaintiff is guilty of concealment?. opd5 whether the .....

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Jul 03 2018 (HC)

Jatinder Singh Bhatia vs.state & Ors.

Court : Delhi

Decided on : Jul-03-2018

..... violation committed is also substantiated in the report dated 13th july, 2009 of the court commissioner; that gurbachan and jatinder claim that they are running the units complained of in partnership with samsung or with omkar enterprises; such a claim is untenable because no documents with respect thereto have been filed.70. gurbachan, in his reply to the ccp(o), ..... to see whether any inkling of joginder being under the undue influence of jatinder can be deciphered therefrom.26. the suit aforesaid filed by rajender, was for dissolution of the partnership firm royal safe company and for rendition of accounts and partition of immovable properties of the firm. it was the plea of rajender that shares of rajender, joginder, gurbachan, surinder ..... filed by rajender against joginder, gurbachan, surinder, satbinder and jatinder, for test.cas. 37/1995, test.cas. 42/1995 & ccp (o) no.62/2010 page 2 of 33 dissolution of partnership, rendition of accounts and partition of immovable properties.4. cs(os) no.1441/1990 was dismissed vide judgment dated 23rd november, 2012 and rfa(os) no.29/2013 preferred thereagainst ..... of the counsel for rajender is, of the execution of the document dated 15th may, 1994 admittedly executed by joginder, having not been in accordance with section 63 of the indian succession act. the counsel, in this regard, firstly referred to the inconsistencies between the testimonies of ravinder pal singh and yoginder singh bhatia being the two attesting witnesses to the document .....

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