Court : Delhi
Reported in : II(2008)BC619; 151CompCas485(Delhi)
..... of the goa, daman and diu (extension of code of civil procedure, 1908 and arbitration act, 1940) act, 1965 (central act xxx of 1965) read with the provisions of the goa, daman and diu civil court act, 1965 (goa act xvi of 1965) both of which came into force simultaneously on june 15, 1966 and ..... it does not apply to statutes which alter the form of procedure or the admissibility of evidence, or the effect which the courts give to evidence; if the new act affects matters of procedure only, then, prima facie, it applies to all actions pending as well as future (see in this ..... the appeal was required to be filed in the judicial commissioner's court. under the central act xxx of 1965 with effect from june 15, 1966 the provisions of the indian civil procedure code were extended to the union territories of goa, ..... which is raised in this petition, namely, the offence under section 24(1) as per the unamended act, to which period the alleged act related, it was triable by a magistrate and court of session had no power to pass an order condoning the delay. the submission was that jurisdiction conferred ..... magistrates or the judicial magistrates, first class had exclusive jurisdiction to try the complaints under section 138 of the negotiable instruments act, 1881 and that no jurisdiction vested in the courts of additional sessions judges to try complaints under the said section 138. the expediency of issuing such an administrative order .....Tag this Judgment!
Court : Delhi
Reported in : 153(2008)DLT548; LC2008(3)298; 2008(38)PTC416(Del)
..... basis of web search for 'online scrabble'. all these are prima facie proof of deceptive similarity and confusion amounting to infringement. 39. the court is also of the opinion that unless appropriately injuncted, from continuing to use scrabulous or any other trademark deceptively or confusingly similar to the ..... two ways. first, a mark is inherently distinctive if '[its] intrinsic nature serves to identify a particular source.' ibid. in the context of word marks, courts have applied the now-classic test originally formulated by judge friendly, in which word marks that are 'arbitrary' ('camel' cigarettes), 'fanciful' ('kodak' film), or ..... infringement. 8. the plaintiffs claim the defendants have admitted to their rights in the trademark scrabble, when they addressed an email dated 15th january 2008 to the first plaintiff, enquiring whether they would licence the rights to their games. the plaintiffs have also detailed various sections of the defendants ..... by the owner of the copyright by not providing the protection under the copyright act, but under the earlier the designs act, 1911. a similar view was also expressed by another learned single judge of this court in samsonite corporation's case (supra). to this extent, i see no difference ..... be permitted to impoverish the language of commerce by preventing his fellows from fairly describing their own goods.' bada co. v. montgomery ward & co. 426 f.2d 8 (9th cir.), cert. denied, 400 u.s. 916 : 91 s.ct. 174 : 27 l.ed. 155 (1970 .....Tag this Judgment!
Court : Delhi
Reported in : 2008(4)ARBLR199(Delhi); 153(2008)DLT489
..... within four months of entering upon reference. parties (and not the arbitrator) could extend time by mutual consent or time could be extended by the courts. but courts have refused to extend under section 28 of the arbitration act, 1940 on the ground of undue delay (see, state of punjab v. hardyal reported in : 3scr649 and flowmore pvt. ltd. v. national thermal ..... , reply, document etc. for deciding whether the award is justified. in other words, counsel for the respondent wanted the court to step into the shoes of the arbitrator or as an appellate court decide the present objections under section 34 of the act with reference to the said documents. this should not be permitted and allowed as it will defeat the very purpose ..... leads to termination of the mandate of the arbitrator. 18. i may also note that under section 14(2) of the act in case there is controversy whether mandate of an arbitrator stands terminated, a party can apply to the court to decide on the termination of the mandate. russels on arbitration, 22nd edition at pages 140 and 143 has referred to ..... to be decided on entirely different principles and an award is not a judgment. under the act, an arbitrator is supposed to be sole judge of facts and law. courts have limited power to set aside an award as provided in section 34 of the act. the act, therefore, imposes additional responsibility and obligation upon an arbitrator to make and publish an award within .....Tag this Judgment!
Court : Delhi
Reported in : 2008(2)ARBLR42(Delhi)
..... morality or is patently illegal, the same has to be set aside. 17. a commonly held belief that while considering objections under section 34 of the act the court cannot look into the evidence before the arbitrator also needs to be clarified. there is a difference in re-appreciating evidence and considering whether material evidence has ..... finding as under:in the present case, the petitioner company is assailing the said award on merits, which is beyond the purview of this court under section 34 of the arbitration act.12. on the basis of the afore-noted finding vide impugned order(s) dated 2.3.2006 learned trial judge dismissed the objections ..... record that it is impermissible to assail an award on merits is patently illegal. probably, the learned judge intends to say that it is impermissible for the court to re-appreciate the evidence while considering a challenge to the award. indeed, shri v.m. issar, learned counsel for the respondent sought to urge that ..... placed before the arbitrator and as such, is perverse and is liable to be set aside to the extent challenged in these proceedings.11. noting the judgments of the supreme court in konkan railway corporation and ors. v. mehul construction co. : air2000sc2821 and olympus superstructure pvt. ltd. v. meena vijay hetan and ors. : 3scr490 ..... are restored for fresh decision in accordance with law. 23. parties are directed to appear before the learned district & sessions judge on 19.5.2008. 24. no costs. 25. tcr be returned forthwith. .....Tag this Judgment!
Court : Delhi
Reported in : IV(2008)BC599
..... affairs of the company in question by the rbi itself would indeed be a valuable piece of evidence.24. in background of the law concerning section 141, ni act as explained by the supreme court, this court proceeds to examine the first of the two contentions of the petitioners.25. a perusal of the complaint filed by the rbi in the instant case shows ..... complaint itself in order to determine whether a prima facie case of commission of the offence complained of by the accused has been made out. after all, the court is not expected to act in a mechanical manner but is required to look at the entire pre-summoning evidence presented to it before proceeding to issue summons.31. turning to the facts ..... a complaint of the present nature there are certain cardinal requirements of criminal law that have to be followed. one is that since sections 58b and 58c, rbi act are penal provisions, the court has to be cautious in examining the material presented to it and should not proceed to direct issuance of summons in a mechanical manner as was reminded by ..... its directors. they are in charge of and responsible to accused 1 for conduct of business of accused 1 company. they are jointly and severally liable for the acts of accused 1.the supreme court while declining to quash the complaint at the instance of the director said: (scc, p. 118)in the case on hand, reading the complaint as a whole .....Tag this Judgment!
Court : Delhi
Reported in : 2008CriLJ4632; 149(2008)DLT591
..... the asj, the issue is no longer rest integra. in similar matters concerning the plantation companies against whom complaints were filed under the sebi act, a division bench of this court in its judgment dated 11th january, 2008 in writ petition no. 17777 of 2006 dismissed the writ petition and held that the asj had the requisite jurisdiction to entertain the complaint. 20 ..... noticed at this stage that there have been instances where petitioners have, along with their petitions under section 482 crpc, filed in this court certified copies of the form 32 filed by them in terms of the companies act, 1956 to show that they have ceased to be the directors of the company at the time of commission of the offence. the ..... evidence at the trial. one such instance was a complaint filed by sebi which was quashed by this court by an order dated 30th january, 2008 in crl. mc no. 2145/2006 virender kumar singh v. securities and exchange board of india. this court held that where a certified copy of a form 32 is placed on record and despite sufficient opportunities sebi ..... the appellant can only be dealt with after the conclusion of the trial.15. relying on n. rangachari, this court in sushila devi declined to quash the complaint holding that the complaint contained sufficient averments to attract the offence under the sebi act. the precise averments in the complaint read as under:7. the accused no. 1 is a company registered under .....Tag this Judgment!
Court : Delhi
Reported in : 151(2008)DLT650; 2008(38)PTC139(Del)
..... ) unreported 19 april, qbd morland j. observed as under:22. in my judgment when considering comparative advertising in relation to a claim for malicious falsehood the test that the court should apply whether in relation to slander of goods or slander of a financial product is whether the financial service provider in puffing his own product has overstepped the permissible ..... in the advertisement had reference to the plaintiff's dettol original soap. similarly, the defendant could also produce witnesses to state the contrary. ultimately, it would be for the court to make a judgment from the perspective of an average person with imperfect recollection, a test which has been well established, particularly in passing off cases. though slander of goods ..... for the reliefs indicated above in these circumstances.the written statement:13. the defendant in its written statement raised preliminary objections. the first objection was that the jurisdiction of this court is specifically excluded under section 9 of the code of civil procedure, 1908 (hereinafter referred to as the 'cpc') in respect of the present suit, being a suit for ..... shape, contours and curvatures of the plaintiff's orange coloured soap dettol is not registered under the design's act to give the plaintiff an exclusive right to use the same. the defendant has also alleged that the plaintiff has approached this court with unclean hands and is guilty of suppression of material facts. 15. apart from the said preliminary objections, .....Tag this Judgment!
Court : Delhi
Reported in : 2008(3)ARBLR94(Delhi)
..... would be held to suffer from patent illegality and can be set aside under section 34 of the act. the courts have held that if the award is contrary to substantive provisions of law or against the terms of contract, it would be a patently illegal ..... contrary to a) fundamental policy of indian law, b) interest of india, c) justice or morality and d) if it is patently illegal. supreme court observed that illegality must go to the root of the matter and if illegality is of a trivial nature the award must be upheld. 20. in the ..... to time between the parties. the tribunal also observed that some delays in execution of the work were attributable to the claimant/gil because of various acts of omission and commission on the part of gil itself. firstly, the claimant/gil submitted detailed drawings of the work after considerable delay, which ..... award is in contravention of the provisions of act, still however, it could not be set aside by the court. thereforee, if the arbitral tribunal had acted beyond its jurisdiction and had awarded an amount contrary to the contract between the parties, the award ..... and award has to be considered on its merits. the courts during the course of interpretation of the provision of section 34 of the arbitration and conciliation act had come to hold that section 34 read conjointly with other provisions of the act indicates that the legislative intent could not be that if the .....Tag this Judgment!
Court : Delhi
Reported in : 2008(3)ARBLR489(Delhi)
..... . such modification of the award would however have to be within the confines of interference with arbitral awards, as held under the 1940 act and would not permit the courts to substitute their opinion for that of the arbitrator. such modification of award will be a species of 'setting aside' only and would ..... the material existing the matter can be finally settled. 23. at this stage, it may also be noted that during the hearing on 4th august, 2008 the respondent for the sake of settlement had offered to allow a sum of rs 75,000/- out of the awarded amount in his favour, in ..... the disputes pertain to a contract of supply of ten years ago. the arbitration proceedings commenced five years ago. the petition has been pending in this court for the last three years. as aforesaid, no ground for setting aside of the award in favour of the respondent has been found. the only ..... be 'setting aside to a limited extent'. however, if the courts were to find that they cannot within the confines of interference permissible or on the material before the arbitrator are unable to modify and if the same ..... alternative dispute resolution more cumbersome than the traditional judicial process. with great respect, i find myself unable to hold so. the constitution bench of apex court in sbp & co reversed the judgment of earlier constitution bench inter alia holding that when a statute confers a power or imposes a duty on judicial .....Tag this Judgment!
Court : Delhi
Reported in : 2008(1)ARBLR490(Delhi); 151(2008)DLT18; 2008(101)DRJ649
..... t.s. thakur, j.1. this appeal arises out of an order dated 18/4/07 passed by a learned single judge of this court whereby omp no. 144/05 under section 34 of the arbitration and conciliation act 1996 filed by the appellant has been dismissed. 2. disputes relating to a certain work contract executed between the appellant dda and the respondent ..... . (1) recourse to a court against an arbitral award may be made only by an application for setting aside ..... recorded by the arbitrator by those arrived at by the court. the jurisdiction of a court while dealing with an arbitral award was limited to the grounds enumerated under section 33 of the arbitration act 1940 which provision is now replaced by section 34 of arbitration and conciliation act 1996. section 34 of the act reads as under:34. application for setting aside arbitral award ..... contractor were referred for adjudication to mr. avadh behari rohtagi a former judge of this court. before the arbitrator, the respondent contractor made as many as .....Tag this Judgment!