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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: delhi Page 11 of about 350 results (0.133 seconds)

Nov 11 2011 (HC)

Super Cassettes Industries Ltd. Vs. Mr Chintamani Rao and ors

Court : Delhi

..... does not admit of any ambiguity. the language used in the respective statutes of the aforesaid countries is starkly different from that used in the act, which this court is bound to implement. therefore, the said laws cannot be brought in aid by the defendant, india tv. for the same reason, i ..... in a position to derive any benefit from the aforesaid decisions.101. chancellor masters & scholars of the university of oxford v. narendra publishing house and ors., 2008 (38) ptc 385 (del) has been relied upon by the defendant to invoke the doctrine of "transformative work". according to the defendant, india tv, ..... does, then one would only look at the gateways provided in section 52.86. from eastern book company & ors. vs d b modak & anr., (2008) 1 scc 1, the learned single judge culled out the following broad principles enunciated in the judgment:-"(i) copyright protection is based on fair play. a ..... the plea that it has already granted a licence to one broadcaster. it was in that context that the supreme court invoked new india assurance co. ltd v. nusli neville wadia, (2008) 3 scc 279, wherein it was held that if literal interpretation gives rise to an anomaly or absurdity which must ..... learned counsel for the plaintiffs super cassettes and yashraj films submit that on the facts of the espn judgment [espn star sports vs. global broadcast news, 2008 (38) ptc 477 (del)] which the defendants rely on, the issue considered was with respect to the exception contained in section 39 to the broadcast .....

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Dec 08 2011 (HC)

Arjun Sahlot Vs. Uoi and ors

Court : Delhi

..... austria, the essential condition of the import license, that the three imported horses should be from australia, cannot be said to be satisfied. the court held that this fact cannot be changed merely because the horses had been registered with the australian warmblood horse association limited. since the aforesaid essential ..... three sport horses. the petitioner approached the dgft for grant of import license. the petitioner was, accordingly, granted an import license dated 25.11.2008 for import of three horses of cif/fob value in rs.3,12,280/-. the import license described the name of the item as "3 ..... also make a reference to foreign trade policy, 2009-2014 framed by the central govt. under section 5 of the foreign trade (development and regulation) act, 1992, vide notification dated 27.08.2009 bearing no.1/2009-2014. in chapter ii, which deals with general provisions regarding imports and exports, ..... the request for extension of the validity of the license much less for amendment of the license. 28. the foreign trade (development and regulation) act, 1992, whereunder the import license in question has been issued, in section 9(2) provides that the director general or an officer authorized by ..... 16,73,560/-. the additional commissioner of customs ordered the confiscation of the three horses under section 111 (d) & (m) of the customs act, 1962. since the goods could not be allowed clearance for home consumption, the petitioner was allowed to re- export the same on payment of redemption .....

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Jan 29 2010 (HC)

Sanjay Suri and ors. Vs. State and anr.

Court : Delhi

Reported in : 167(2010)DLT123

..... know of all the offences revealed on a vetting of the balance sheet. the learned counsel for the petitioners, before the high court, relied upon regulation 17 of companies act to contend that registrar, on receipt of a document like balance sheet, is required to examine the document or cause it ..... ) having not been obtained, the respondents had committed an offence under section 377(2)(4) read with section 374 of companies act. it was held by the high court that the registrar of companies was deemed to have knowledge of the contents of the balance sheets and of the offence, on ..... only 'person aggrieved' would be the transferee or the allottee, as the case may be. under section 621 of the act, no court can take cognizance of an offence against companies act except on the complaint of a share-holder, the registrar or the person duly authorised by the central government. where the ..... purpose. the learned counsel has also referred to a decision of this court in vinay kumar @ vinay kumar kedia v. state and anr. 2008 iv ad (delhi) 421, where this court, considering a complaint under section 138/141 of negotiable instruments act, found that the allegations made in the complaint, even if taken to ..... penal provisions in the companies act and, therefore, should not be taken.26. the learned counsel for the petitioners has referred to the decision of the hon'ble supreme court in p.k. choudhury v. commander 48 brtf 2008 (2) jcc 934 where the hon'ble supreme court reiterated the settled proposition of .....

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Jun 08 2011 (HC)

O.P. Kapoor and ors. Vs. Raman Kapoor and anr.

Court : Delhi

..... that the dissolution deed dated 31.03.1992 was also forged and fabricated insofar as the signatures of the respondent thereon are concerned. 77. courts have repeatedly commented on the weightage to be placed on the reports of handwriting experts. it has been held that the science of reading ..... signing differently and changing his signatures. reference may be made to para 25 at page 418 of the arbitral record. in their written submissions dated 01.07.2008 (served on the respondent on 19.08.2003), the petitioners had stated that signatures of the respondent at pages no. 481, 577, 578, 582, ..... invalid. it is necessary, however, to put a note of caution that in the anxiety to render justice to the party to arbitration, the court should not reappraise the evidences intrinsically with a close scrutiny for finding out that the conclusion drawn from some facts, by the arbitrator is, ..... authority to determine issues of fact and its findings cannot be overturned or substituted by a court with its own while examining the award in proceedings under section 34 of the act. however, the court can examine whether the mechanism/process adopted by the learned arbitral tribunal while arriving at its ..... it would need examination whether the petitioner has been able to make out a case falling in one of those exceptional categories, which call for courts interference with the award of the arbitral tribunal. 13. i may now set out hereinbelow some of the undisputed background facts, and various findings .....

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Feb 21 2011 (HC)

Scheduled Castes and Scheduled Tribes Medical Association (Regd.) Delh ...

Court : Delhi

..... how the same has been reflected by the patients themselves.30. we have referred to the objects and reasons and the provisions of the act and the decision in a.i.i.m.s. students union (supra) only to highlight the significant, meaningful and pregnant role played ..... the power to grant medical degrees, diplomas and other academic distinctions which would be recognised medical degrees for the purpose of the indian medical council act, 1933."23. section 13 deals with the objects of the institute which is as follows: -"13. objects of the institute. the objects ..... has been filed by the delhi medical council stating, inter alia, that the said council has been constituted under the delhi medical council act, 1997 and is responsible for the maintenance of a register of medical practitioners who are engaged in the practice of modern scientific system of ..... committee headed by professor sukha deo thorat (known as thorat committee report) should be given effect to for the purpose of any previous acts before the report was submitted.2. the facts which are imperative to be stated for adjudication of the writ petition are that the ..... court in coimbatore district central cooperative bank v. coimbatore district central cooperative bank employees assn. and another, (2007) 4 scc 699 expressed the view that persisting with illegal strike, unlawfully threatening others and preventing others from rejoining and receiving any pay warrants punishment.36. in dr. p.g. najpandey v. state of m.p. and others, air 2008 .....

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May 23 2011 (HC)

Dr. Som Dutt Butta Vs. Union of India and ors.

Court : Delhi

..... and the subsequent orders dated 30th may 1974 of the dcsc and 28th november 1975 of the director of rehabilitation have affirmed the said order, this court at this point of time does not consider it expedient to remand the case to those authorities for a fresh disposal on merits. considering that this ..... event this was done after a show cause notice to dr. butta and after giving him an opportunity of being heard and producing documents. consequently this court is unable to hold that in the instant case the proceedings before the authorities under the dpcra were not maintainable or were without jurisdiction, legality of the ..... (hereafter the shops in question) leading up to the first floor premises also known as the central hall has remained unresolved. the dispute, which reached this court in 1976, is whether this area was wrongly included in the lease and conveyance deed dated 17th november 1961 executed in favour of the petitioner dr. som ..... be suo moto revised by the rsc. in om prakash v. union of india, the supreme court recognised the power of the csc to call "for the records at any time of the proceedings under the act in which an officer specified therein has passed an order, for the purpose of satisfying himself as ..... das v. bibhas chandra das (2010) 6 scc 432, bachhaj nahar v. nilima mandal (2008) 17 scc 491 and state of u.p. v. satya narain kapoor (2004) 8 scc 630. 25. at the outset, this court would like to observe that although the order of the dcsc dated 25th july 1974 is one .....

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Nov 26 2008 (HC)

Larsen and Toubro Vs. Puri Construction Limited and ors.

Court : Delhi

Reported in : 2008(4)ARBLR462(Delhi)

..... taken full advantage under the agreement and reaped benefits from it and now when the same was terminated, the plaintiff immediately rushes to this court challenging the validity of the agreement. therefore, the first two questions are to be answered in the negative i.e. the plaintiff did ..... within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration.(2) the court may set aside the award:(i)(a) if the composition of the arbitral tribunal was not in accordance with the agreement of the parties ..... that the award given by the arbitral tribunal was not in conformity with the public policy. the arbitral tribunal overreached the authority of civil court where the proceedings were pending between lkb, pcl and landt and also the arbitration award already passed between itcref and pcl. the basic principles ..... , after elaborate discussion gave the following conclusion:74. in the result, it is held that:(a) (1) the court can set aside the arbitral award under section 34(2) of the act if the party making the application furnishes proof that:(i) a party was under some incapacity, or(ii) the arbitration ..... or direction of any government or municipal or statutory agency or other authority, restrains, inunctions from any court of law, withdrawal of permissions, non-availability of construction materials strikes, fire or any act of god, as also the prevailing real estate market conditions or any other reason or cause whatsoever .....

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Feb 11 2011 (HC)

Sudhir Gensets Ltd Vs. Indian Oil Corporation Ltd

Court : Delhi

..... the other judgments cited by the appellant in support of his contention that unless and until the claimant proves the damages which they have suffered, the court should not award the compensation as claimed, more so, when no loss whatsoever have been caused to the claimant. further, unless the claimant proves the ..... port ltd. chemical vs hindustan construction company ltd mumbai and ors-2006 raj 114 (mad)(10) indian oil corporation vs m/s lloys steel industries ltd- 2008(1) raj 170(delhi)8. the appellant further submitted that the dg sets were inspected on 28th march, 2001 and they were dispatched to respective sites ..... upheld the aforesaid order. it is also well settled that the civil court is not to act as an appellate court to dissect the reasoning of the arbitral forum. the scope of objections are limited by section 34 of the act. once the court is satisfied that the arbitrator has given the award after taking into ..... or not? yes3. whether the judgment should be reported in the digest? yes1. this appeal arises out of order dated 05.05.2008 passed by the additional district judge delhi dismissing the objections filed by the appellant to the award dated 01.05.2007. by the impugned order the ..... the appellant in this regard has also relied on the following judgments:-(1) hindustan liver ltd vs shiv kumar- 2008(3) raj 612 (delhi)(2)m/s engineering development corporation vs municipal cororation of delhi- 2008 (2) raj 81(delhi)(3)smt. saroj bala vs rajive stock brokers ltd and anr- 118 (2005) .....

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Jun 02 2010 (HC)

Mohit Gupta Vs U.O.i and ors.

Court : Delhi

..... or legally sustainable as it had been communicated to the petitioner after the expiry of the period four years specified in section 35 of that act. the kerala high court in government wood works (supra), after noting its earlier decision in the case of malayil mills (supra), which, in turn, had placed ..... . thereafter, the order of dismissal was communicated to bachhittar singh. we may point out that the remarks of the minister of the state of pepsu were that although the charges against bachhittar singh were serious and that they had been proved and that it warranted the punishment of dismissal, yet as ..... , it would be necessary for us to look at the facts leading to the passing of the impugned order. a show cause notice dated 30.09.2008 was issued by the additional director general, directorate general of central excise intelligence, new delhi, inter alia, requiring qualimax electronics private limited (one of the ..... bachhittar singh wanted implementation of the said remarks of the minister of the state of pepsu as against the subsequent order of dismissal passed by the state of punjab. it is in this context that the supreme court observed that the ministers remarks, with regard to the award of lesser punishment were only ..... concerned.19. bachhittar singh(supra) was a case which involved the remarks of a minister of the erstwhile state of pepsu regarding bachhittar singhs removal from service. the said remarks had not been communicated to bachhittar singh. in the meanwhile, the state of .....

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Mar 05 2008 (HC)

K.P. Singh Vs. State and anr.

Court : Delhi

Reported in : 2008(106)DRJ600

..... then it must be held to be official to which applicability of section 197 of the code cannot be disputed.(iii) in amrik singh v. state of pepsu : 1955crilj865 :the result of the authorities may thus be summed up: it is not every offence committed by a public servant that requires sanction for prosecution ..... that there is nothing on record to show that the dcp had forbidden sho k.p singh to take action in this regard.however, what the trial court failed to appreciate is the very fact that the appellant was just an sho, who had other senior officers above his rank in the hierarchy. to disobey ..... one year rigorous imprisonment as well as fine of rs. 25,000/-, by the additional sessions judge, karkar dooma, delhi (hereinafter referred to as the 'trial court') on the ground that there was a 5-1/2 months delay in registering the fir. 2. as per the facts of the case, in the intervening ..... protection under section 197 cr.p.c. which requires the sanction of the government for the offences alleged to have been committed by him which acting or purporting to act in discharge of his official duty. the learned magistrate by taking cognizance of such offence erred in law and vitiated the whole process of trial. ..... justification therefor then the bar under section 197 of the code is not attracted. to what extent an act or omission performed by a public servant in discharge of his duty can be deemed to be official was explained by this court in matajog dobey v. h.c. bhari thus: (air p.49, paras 17 & 19) .....

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