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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: delhi Page 1 of about 350 results (0.063 seconds)

May 10 1973 (HC)

Shrimati JaIn Vs. Delhi Flour Mills Co. Ltd. and ors.

Court : Delhi

Reported in : [1974]44CompCas228(Delhi); ILR1973Delhi322

..... and noticed before the term 'de facto' directors has been restricted to directors with defective appointment. no case has been cited in which the court has upheld the act of a 'pretended director' without any appointment. in other words, in no case the term 'de facto' director has been applied to a ..... their minds. a similar view was also taken by chopra, j. in fateh chand kad v, hindsons (patiala) ltd. a.i.r. 1956 pepsu 89. (42) without recording evidence it is hardly proper to go into the facts bearing on this contention. the materials on record do not show ..... which the decision to increase the capital was taken, was conducted would be possible only if detailed evidence is led on this question. in these circumstances bk. shiveharan singh vigorously concentrated on the sufficiency of the notice that was issued to the petitioner (and others) concerning the issue of right shares. ..... they were only de facto, did have notice of the alleged defects, and could not have validly allotted those right shares. probably realizing this difficulty bk. shivcharan singh mounted his attack upon the invalidity pertaining to the decision to issue right shares and to the illegality of the notice issued in this ..... informing the company of the restraint order, annexure b to the petition) that the allotment of right shares had been made on 4th december, 1972, bk. shiveharan singh wrote a long letter on the 9th december, 1972 (annexure d) informing yogesh c. gupta about his various legal contentions, also citing .....

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May 08 2009 (HC)

State Vs. Raj Kumar Khandelwal

Court : Delhi

Reported in : 164(2009)DLT713

..... , the evidence on record was that the accused had rushed his wife to the hospital when he saw her vomiting. the reasoning of the trial court and the high court that the act of rushing the wife to the hospital was 'merely to cloak his guilt' was held to be 'a perverse view of the matter'. it is ..... scc467 : [1994] 1 scr 559machhi singh v. state of punjab[1983] 3 scc 470-------------------------------------------------------------------------------5. probability of the offender'srehabilitation, reformationand readaptation in society.re miller [2008] ewhc 719 (qb) :[2008] all er (d) 357 (apr)-------------------------------------------------------------------------------2. pre-offence conduct of the offender- in particular the motive of the offence-------------------------------------------------------------------------------sr. mitigating factors aggravating factorsno.-------------------------------------------------------------------------------1. a ..... re butters' [2006] ewhc 1555 holiram bordoloi v. state of(qb) : [2006] all er (d) 128 (jul) assam air 2005 sc 2059in re rock [2008] ewhc 92 (qb) :[2008] all er (d) 290 (feb)-------------------------------------------------------------------------------5. role of the victim in commission of the crime-------------------------------------------------------------------------------sr. mitigating factors aggravating factorsno.-------------------------------------------------------------------------------1. that the victim provoked or that .....

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May 08 2008 (HC)

Maqbool Fida HusaIn Vs. Raj Kumar Pandey

Court : Delhi

Reported in : 2008CriLJ4107

..... that any particular case or appeal be transferred from high court to another high court or from a criminal court subordinate to one high court to another criminal court of equal or superior jurisdiction subordinate to another high court.(2) the supreme court may act under this section only on the application of the attorney ..... argue the matter for the respondents in crl. rev. p. 114/2007 and crl. rev. p. 280/2007, thus this court vide order dated 20-03-2008 closed the right of the said respondents to advance any further submissions. however, the gpa holder of the respondent in crl. rev. ..... the position of law on obscenity and summarized the various tests laid down of obscenity. 43. recently, in vinay mohan v. delhi administration 2008 ii ad (delhi) 315, pradeep nandrajog j. while dismissing the petition against framing of charge held that it is a recognised principle of law ..... interest in protecting children from exposure to harmful material was held not to justify 'an unnecessarily broad suppression of speech addressed to adults'. the court observed that the undefined terms 'patently offensive' and 'indecent' were wide enough to cover large amounts of non-pornographic material with serious educational ..... p. 280/2007 entered appearance on 31-03-2008 and requested to make further submissions in that behalf which was permitted. 8. india has embraced different eras and civilizations which have given her .....

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Apr 30 2010 (HC)

Gail (India) Ltd. Vs. Paramount Ltd.

Court : Delhi

..... before the arbitrator and have been considered by him. it needs no elaboration that while considering objections under section 34 of the arbitration & conciliation act, 1996, the court cannot look into the evidence which was laid before the arbitrator and re-appreciate the same. the arbitrator was the chosen forum of the parties ..... any subsequent period, the arbitral tribunal will have to give effect to it. but when the award is challenged under section 34 of the act, if the court finds that the interest awarded is in conflict with, or violating the public policy of india, it may set aside that part of the ..... same has to be set aside.11.18 in the decision of the supreme court reported at air 2008 sc : 2008 1 raj 164 ongc ltd. v. garvare shipping corporation, the court held that there is no proposition that the courts would be slow to interfere with an award even if the conclusions are perverse.11 ..... the contract which is not justiciable by the arbitrator and excepted out of the purview of the arbitration agreement alone.8.14 perusal of the pronouncement in : 2008 (12) scale 720 bharat sanchar nigam ltd. and anr. v. motorola india pvt. ltd. would show that an issue was raised therein as to ..... by the arbitrator.8.2 learned counsel for gail has placed reliance on the pronouncements of the apex court reported at : 2008 (12) scale 720 bharat sanchar nigam ltd. and anr. v. motorola india pvt. ltd. and of this court reported at 158 (2009) dlt 265 ongc v. mittra guha builder (india) co.; : 1999 .....

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May 24 2010 (HC)

Super Cassettes Industries Ltd. Vs. Hamar Television Network Pvt. Ltd. ...

Court : Delhi

..... e to g and placetum a to d. in the case of the chancellor masters and scholars of the university of oxford v. narendera publishing house and ors (2008) 38 ptc 385 the court in a lucid discussion of the law on the subject of infringement of copyright relied upon the 'transformative work' test to determine as to whether there was fair ..... , as a college sophomore, to download and distribute 30 copyrighted songs belonging to the plaintiffs. the defence set was that file-sharing constitutes fair use under the copyright act. in this context the court gleaned five factors in order to determine whether a fair use of the copyrighted material has been made:(i) the purpose and character of the use, including whether ..... directed the defendant to disclose the information to enable him to elect between damages and account of profits. while analyzing the rights conferred under the human rights act and those under the english copyright act the court made the following crucial observations:39. we have already observed that in most circumstances the principle of freedom of expression will be sufficiently protected if there ..... contention that licensing of the plaintiffs' repertoire is part of normal exploitation of its copyrighted works. based on the aforesaid, it was submitted that the exceptions given in the copyright act should not be so interpreted to upset the normal existing commercial practices on which the plaintiffs revenue depend.5.2 mr sagar next contended that the english decision ought to .....

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Aug 26 2011 (HC)

Delhi Metro Rail Corporation Limited Vs. Simplex Infrastructures Limit ...

Court : Delhi

..... the award is contrary to substantive provisions of law, it would be patently illegal and could be interfered with under section 34 of the a&c act. the supreme court after defining the phrase public policy of india, used in section 34, and requiring it to be of wider meaning, observed that an award ..... also set aside and the registry is directed to refund to the appellants, the amounts deposited by the appellant in pursuance to the orders of this court dated 26th november, 2010 in fao(os) no.674/2010 and 19th january, 2011 in fao(os) no.33/2011 and fao(os) no.34 ..... scc 245; hindustan zinc ltd. -vs- friends coal carbonisation, (2006) 4 scc 445; delhi development authority -vs- r.s. sharma & company, (2008) 13 scc 80; and steel authority of india limited -vs- gupta brother steel tubes limited, (2009) 10 scc 63. 19. from the above discussion, we observe that the arbitral ..... to be in public interest and can be set aside on the ground of being patently illegal. 18. the above statement of law was approved and reiterated by the supreme court in mcdermott international inc. -vs- burn standard co. ltd., (2006) 11 scc 181; centrotrade minerals & metals inc. -vs- hindustan copper ltd., (2006) 11 ..... is challenged before it becomes final and executable. the concept of enforcement of the award after it becomes final is different and the jurisdiction of the court at that stage could be limited. similar is the position with regard to the execution of a decree. it is settled law as well as .....

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Jul 20 2009 (HC)

Sanjeev Nanda Vs. the State

Court : Delhi

Reported in : 160(2009)DLT775

..... facts as highlighted above, the inevitable conclusion is that section 304a has no application.208. while drawing the distinction even between rash act and negligent act, the apex court in bhalachandra waman pathe v. the state of maharashtra 1968 acj 38, held as under:an offence under section 304a indian penal code ..... all that can be put in the realm of canons of judicial ethics. the legal maxim 'actus curiae neminem gravabit' which means an act of the court shall prejudice no man depicts the duty of a judge to be just. the notions of fairness and impartiality give rise to certain special ..... without taking meals and without spending night with him, but unfortunately the shot hit the mahant resulting into his death. the apex court held that such an act on the part of the accused was wholly rash and negligent and no intention of causing death or intention of causing such bodily ..... i have heard learned senior counsel mr. ram jethmalani, led by battery of lawyers representing the appellant mr. sanjeev nanda in criminal appeal no. 807/2008; and mr. pawan sharma, additional public prosecutor for the state.94. very extensive arguments were addressed by mr. ram jethmalani, senior counsel appearing for ..... before any discussion is made in this regard, i find support from the following observations made by the hon'ble supreme court in sadhu singh harnam singh v. state of pepsu : air1954sc271 :10. on a careful reading of the evidence of the eye-witnesses and the different statements that have been .....

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Aug 10 2010 (HC)

Vhcpl-adcc Pingalai Infrastrcutres Pvt Ltd and anr. Vs Union of India ...

Court : Delhi

..... . shri prabhakar kishan khandare & anr.(supra), on the issue of costs, it was held that :-"17. it is also necessary to notice the observations of the apex court while considering another act of fraudulent concealment of the material facts and filing of fraudulent litigation. in the pronouncement reported at 2000(4) scale 692 rajappa hanamantha ranoji v. sri mahadev channabasappa & ..... the petitioner admits knowledge of the information on the website which would manifest that the petitioner was aware of the proposal of the respondent no. 2 right from may, 2008. the petitioner has also not reacted to the request for proposals and waited till six days before the closure/last date for submission of bids before writing its first ..... also pointed out, that the advertisements were issued notifying applications for the request for qualification ('rfq' hereafter) by public advertisement which were published and circulated on 29th may, 2008 in national dailies including the hindustan times and the financial express for two major highway projects including the project in question. additionally the rfq document was also posted on the ..... 2 herein (also referred to as the 'nhai' hereafter), issued an advertisement in leading newspapers including the hindustan times and the financial express both dated the 29th of may, 2008 inviting requests for qualification ('rfq' for brevity hereafter) to undertake inter alia the work involving the talegaon-amravati km 100 to km 166.725 (length- km 66.73) section .....

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Jul 09 2012 (HC)

Shanker Trading (P) Ltd. and Another Vs. the Cit and Another.

Court : Delhi

..... entitled to deduct the yearly rent of rs.6,111 paid to the government, as business expenditure under section 10(2)(xv) of the income tax act. the high court held that the expenditure was not of a capital nature and the assessee was entitled to deduct the amount claimed as business expenditure. setting aside the ..... mehta charitable prajnalaya turst? itas 53/2000, 251/2007, 253/2007, 257/2007, 223/2002 247/2002, 45/2005, 50/2005, 1207/2005, 361/2008, 482/2008, 731/2008, 1191/2008, 1183/2010, 1198/2010, 842/2011 and 246/2005 page 10 of 50 10. vide order dated 15.11.2010 in respect of ay 2007-08, ..... terminated at any time at the violation of any of the parties. as regards payments made to eliminate competition, the court inter alia observed as under:- although we agree that payment made to ward off competition in business to a rival dealer would constitute capital expenditure if the object of making that payment is to ..... of the assessee paying a sum of rs. 1,50,000. relying upon the decision of the supreme court in coal shipments p. ltd. (supra), it was held that since the assessee had not only warded of the business rivalry but also acquired the business of the rival for a period of 9 years in ..... special bench of the tribunal in the case of m/s tecumesh india private limited v. additional cit 132 ttj 129 had taken a view that warding off competition in business even to a rival dealer, would constitute capital expenditure and that to hold them to be capital expenditure it is not necessary .....

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Aug 17 2012 (HC)

Oil India Limited. Vs. Essar Oil Limited

Court : Delhi

..... the delay in pronouncement of the award it could have initiated steps under section 14(2) read with section 14(1) of the act by seeking intervention of the court. however, it did not do so. 33. the question whether an award is vulnerable to invalidation on account of the unexplained delay ..... for achieving the object of speedier disposal of dispute, justice in accordance with law cannot be sacrificed. in our view, giving limited jurisdiction to the court for having finality to the award and resolving the dispute by speedier method would be much more frustrated by permitting patently illegal award to operate. ..... v. devi, constructions engineering contractors (2009) 2 arb.lr 361 (madras) (db) and reliance industries ltd. v. madan stores pvt. ltd. 146 (2008) dlt 543. it was further submitted that the petitioner had to demonstrate the prejudice caused to it on account of such delay. reliance was placed on the ..... ground of delay in its pronouncement, by way of amendment to the petition, the court notes that this plea was sought to be urged first only in the written submissions filed by oil on 20th october 2008, four years after the petition was filed. the formal amendment to the grounds was sought ..... only in 2012 during the course of final arguments. in national thermal power corporation ltd. v. wig brothers builders and engineers ltd. the court did not entertain a plea .....

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