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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: delhi Year: 2009 Page 1 of about 6 results (0.054 seconds)

May 08 2009 (HC)

State Vs. Raj Kumar Khandelwal

Court : Delhi

Decided on : May-08-2009

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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Jul 20 2009 (HC)

Sanjeev Nanda Vs. the State

Court : Delhi

Decided on : Jul-20-2009

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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Feb 24 2009 (HC)

Anjani Kumar Goenka and anr. Vs. Goenka Institute of Education and Res ...

Court : Delhi

Decided on : Feb-24-2009

Reported in : AIR2008Delhi1992; 2008(2)ALD(Cri)547

..... ' for its school as a goenka public school from the publication of their advertisement in hindustan times news paper dated 11.11.2008.10. by order dated 12th december, 2008 this court has passed an ex parte ad interim injunction restraining the defendant society from offering its service in the field of education, under ..... for passing off is a common law remedy being an action in substance of deceit under the law of torts. wherever and whenever fresh deceitful act is committed the person deceived would naturally have a fresh cause of action in his favour. thus every time when a person passes off his ..... injunction in certain circumstances. in the present case, we are dealing with a statutory right based on the provisions of the trade and merchandise marks act, 1958. an exclusive right is granted by the registration to the holder of a registered trade mark. we do not think statutory rights can be ..... my view violation of the exclusive statutory rights is illegal activity, to hold otherwise will negate the statutory provisions of the trade and merchandise marks act.44. validity of the trade mark cannot be challenged in an action of infringement in the case of 1999 ptc 81 it was held as ..... of over two decades in the field of imparting education, real estate, travel, tourism and plaintiff no. 2 is a company incorporated under the companies act, 1956 and is engaged in the field of imparting education under the license from first plaintiff. in 1994, plaintiffs opened 'g.d. goenka public school .....

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Oct 15 2009 (HC)

Cit Vs. Bharat Alumunium Co. Ltd.

Court : Delhi

Decided on : Oct-15-2009

Reported in : [2010]187TAXMAN111(Delhi)

..... that the tribunal has not given reasons. an pointed out above, the tribunal has not only referred to the judgments of the supreme court and bombay high court interpreting the powers of the tribunal under section 254 of the act, it also specifically stated that the issues, which were sought to be raised in the additional grounds arise out of tax proceedings of ..... have already been answered above.another ground relates to exclusion of excise duty for purchase of calculating total turnover for section 80hhc of the act. this is covered against the revenue in a judgment by the supreme court in the case of commissioner of income tax, coimbatore v. lakshmi machine works : 290 itr 667.39. therefore, no substation question of law arises ..... the necessary jurisdiction to allow the additional grounds and decide such questions in exercise of its powers under section 254 of the act. it laid down the parameters under which such a power could be exercised. as per the supreme court if the facts are available on record, i.e., found by the income tax authorities and those have bearing on the ..... the ao was to deal with this expenditure applying the provisions of the income tax act. she further submitted that there was no concept of 'deferred revenue expenditure'. she referred to the judgment of the supreme court in the case of travancore cochin chemicals ltd. v. commissioner of income tax, kerala : 106 itr 900, as per which such an expenditure had to .....

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Apr 16 2009 (HC)

Smt. Shakuntla Gupta Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Apr-16-2009

Reported in : 166(2009)DLT108

..... be commercial has applied rates of residential. it is also contended that there is inconsistency in the award and which as recently held by this court in union of india v. sanghu chakra hotels pvt. ltd. : 152(2008)dlt651 called for interference with the award; it is also contended that there was a huge disparity between the rates of letting as determined ..... , i deem it appropriate to consider the objections on merits. 22. yet another reason which persuades me to consider the objections within the ambit of section 34 of the arbitration act is that the arbitrator in the present case was appointed following similar appointment of an arbitrator in the case of banwari lal with respect to identical requisitioning and acquisition notification ..... the writ petition, it was felt that the petitioner was entitled to receive damages for use and occupation from the respondent. for determination thereof, this court seems to have been guided by section 8 of the requisitioning act providing for appointment of an arbitrator by the central government for such determination. however, i find that section 8 (1) (g) provides that nothing ..... a property no. 2, under hill road, civil lines, delhi. the said property was requisitioned on 3rd april, 1980 under the provisions of the requisition and acquisition of immovable property act, 1952. it is not in dispute that the said requisitioning lapsed on 10th march, 1987. the government, however, on 6th march, 1987 issued notification under the provisions of the land .....

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Oct 26 2009 (HC)

Bihar Tubes Ltd. Vs. Garg Ispat Ltd.

Court : Delhi

Decided on : Oct-26-2009

Reported in : 166(2010)DLT109

..... as the triple- identity list referred to in the case of ahmed oomerbhoy and anr. v. gautam tank and ors. : 146 (2008) dlt 774. in ahmed oomerbhoy (supra) this court was called upon to adjudicate as to whether the defendant's mark 'super postman' was deceptively, similar to the plaintiff's mark ' ..... the defences available to a defendant as against the registered proprietor of a trade mark, are set out in section 34 of the t.m. act. therefore, normally if the following queries are answered in affirmative a injunction should follow:(i) whether the infringing mark is identical or deceptively similar to ..... infringe without searching the registrar of trade marks in any better position than if he had searched and so learned of the claimant's mark. acts of the proprietor done in ignorance of the infringement, or even done without his own registration in mind, will not amount to acquiescence. a ..... advocate drew my attention to the following documents:(i) a certificate of registration dated 10.08.2005 issued under section 23(2) of the trade mark act, 1999 read with rule 62(1) framed there under, evidencing thereof the registration of trade mark 'apl apollo' in respect of m.s. black and ..... following terms:an order to interim injunction restraining the defendants, partners/promoters as the case may be, directors, servants, agents, franchisees or any one acting for or on their behalf in any manner using the mark 'apollo' or any other mark identical or deceptively similar to the plaintiff's mark 'apl .....

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