Court : Delhi
Decided on : Oct-23-2007
Reported in : LC2007(3)497; 2008(36)PTC168(Del)
..... passing off lies deception or its likelihood never has the tort shown even a slight tendency to stray beyond cases of deception. hodgkinson and corby v. wards  1 w.l.r. 1564, jacob j. at 1570).(5) secondly, to deceive is one thing. to cause confusion is quite another ..... harmonisation in the internal market (ohim), famously known as 'the baby dry case', reported at (2002) rpc 17. in the said case, the court came to categorical finding that the expression 'baby dry', being an unusual juxtaposition of two independent english words, could not be described as being wholly descriptive ..... of the law have not changed in principle, the judicial approach whilst adjudicating upon an action for passing off has gradually changed as the courts have become more circumspective of those who complain of deception. this is primarily owing to the propensity of traders in adopting purely descriptive words as ..... its widespread use and thus the present suit is barred due to warranty of statutory notice under section 167 of the gujarat co-operative societies act, 1967.20. it is vehemently contended by learned senior counsel for the defendant that the expression 'sugar free', being per se descriptive in ..... a multi-step high technology manufacturing process.7. the tablet dispensary container of 'sugar free' is stated to have obtained registration under the designs act, 1911. it is further submitted by the plaintiff that it has already been successful in securing registration of the trade mark 'sugar free' in .....Tag this Judgment!
Court : Delhi
Decided on : Nov-15-2007
Reported in : 2007(4)ARBLR499(Delhi)
..... entitled to the claim for default on the part of the judgment debtor in terms of clause 23 (c) of the contract act.25. the provisions of section 48 of the said act provide for interference by the court where decision in a matter is beyond the scope of the arbitration or the award is contrary to the public policy of ..... to the fundamental policy of indian law, interest of india, justice or morality, is patently illegal or is so unfair and unreasonable that it shocks the conscience of the court. however, illegality of a trivial nature was held liable to be ignored. the fundamental policy of indian law is that law of land must be obeyed. the law of ..... . so long as the conclusion arrived at by the arbitral tribunal is a plausible conclusion, though possibly not the only conclusion, no interference is called for by the court.17. it has to be simultaneously emphasized that the undisputed legal position is that the arbitrator is a creature of the contract between the parties and thus has to ..... if an application for the setting aside or suspension of the award has been made to a competent authority referred to in clause (e) of sub-section (1) the court may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, ..... to record his statement on oath when he should come with all the material in respect of the assets of the judgment debtor.(3) list on 21.01.2008 in the category of short matters. .....Tag this Judgment!
Court : Delhi
Decided on : Mar-28-2007
Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822
..... as would disentitle the petitioner to grant of an injunction. nature of relief which can be granted under section 9207. section 9 of the arbitration act enables a court to exercise jurisdiction and pass such orders as are required to maintain the sub-stratum of the subject matter of the arbitration.208. the next ..... subsisting, such stipulation could not be held to be in restraint of trade so as to attract the bar of section 27 of the contract act. the court thereafter proceeded to consider as to whether the plaintiff in the case in hand was entitled to the injunction prayed for to compel enforcement of the ..... during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced under section 36 of the act, may apply to the court for an interim order under section 9, however, without a substantive move for reference or declaration on the petitioner's stand on the ..... para 9(c), the respondent admitted that cold tank repair is not to be undertaken for the next two years, i.e. by the end of 2008. the admitted position is that the board of ggl had not considered any proposal for undertaking the repairs of the cold tank which was not absolutely eminent ..... $ 45 million. such repairs are required to be undertaken in the coming two years beginning from 2007 though actual repairs may start in the year 2008. merely shifting the reserve for such repairs from one heading to another for accounting purposes is distinct from having the actual cash to pay for the same .....Tag this Judgment!
Court : Delhi
Decided on : Oct-09-2007
Reported in : 2007(122)ECC121; 2007(148)LC121(Delhi); 2008(222)ELT161(Del)
..... that so far as the petitioners before it were concerned, their basic prayer relating to non-disposal of their request for investigation into dumping activities also stood disposed of. the court extensively noticed the conclusions drawn by the designated authority in the order dated 27th august , 2003 wherein the authority had held that the present petitioners had not been able ..... 2000 holding that the government was justified in effecting the change in the fixation of the floor price which was based on all relevant considerations. in its detailed judgment, the court noticed that in order to protect domestic industries, two modes are envisaged to protect their pricing. one mode is levy of anti-dumping duties under the customs tariff (identification, ..... , 1999, the government of india withdrew the minimum floor price fixed for import of steel under the notification dated 10th/11th december, 1998. the petitioners contended before the high court of calcutta that the designated authority had withheld disposal of the anti-dumping petition and if the floor price was withdrawn, they would be left without protection. my attention has ..... into the 'opinion' and the manner in which it is to be formed under section 237(b) of the companies act had come up for consideration in this pronouncement of the apex court. the apex court thus recognised the permissibility of the scrutiny by a court as to existence of some circumstances within limited parameters and not as to the sufficiency thereof. the .....Tag this Judgment!