Court : Delhi
Decided on : Aug-26-2011
..... 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 .....Tag this Judgment!
Court : Delhi
Decided on : Aug-30-2011
..... such as those articulated in clause 27 are variously termed as excluded or exempted matters which, simply stated, remove their consideration or determination from the arbitral tribunal or the court and place them in the exclusive province of the nominated/indicated adjudicator that the party claiming liquidated damages was not itself responsible for the breach of the contract and that ..... , therefore, where there is a stipulation in the nature of penalty for forfeiture of an amount deposited pursuant to the terms of contract which expressly provides for forfeiture, the court has jurisdiction to award such sum only as it considers reasonable, but not exceeding the amount specified in the contract as liable to forfeiture. 4. we must immediately advert ..... damages by mutual agreement is regarded as a stipulation naming liquidated damages and binding between the parties : a stipulation in a contract in terrorem is a penalty and the court refuses to enforce it, awarding to the aggrieved party only reasonable compensation. the indian legislature has sought to cut across the web of rules and presumptions under the english ..... factual matrix before us. (iii) in rajasthan state mines & minerals ltd. -vs- eastern engineering enterprises, (1999) 9 scc 283 the supreme court opined that if the fundamental terms of an agreement are ignored by the arbitrator, he acts in excess of his jurisdiction. this is again of no relevance to the contentions raised before us. (iv) in steel authority of india .....Tag this Judgment!
Court : Delhi
Decided on : May-25-2011
..... entertain a disputed question of fact in relation to the fixation of tariffs in a writ petition under article 226 of the constitution. this court is therefore not persuaded to hold that the ppl or iprsl have acted arbitrarily or unreasonably in fixing tariffs for copyrighted works. not a case of excessive delegation of legislative powers 26. it was then urged by ..... of hotels & restaurants association of india v. union of india) upheld the constitutional validity of sections 33 (3) and 34 (3) of the cr act as amended read with section 2 (xx) and section 13 thereof. this court negatived the prayer made in that petition by the users of copyrighted works for a direction against ppl for charging fees for special events ..... the manner of functioning of the copyright societies. answering in the negative the specific question that "are any of the provisions of the copyright act 1957 or the copyright rules 1958 framed thereunder ultra vires the constitution", this court relied upon the judgment in indian performing right society v. eastern indian motion pictures association (1977) 2 scc 820 as well as the ..... observations in entertainment network (india) limited v. super cassette industries limited (2008) 13 scc 30. in para 16 of the judgment the division bench of this court observed as under: "16. suffice it to say that the amendments carried out in the copyright act, 1957 are calculated to guarantee a fair return to the authors, composers or lyricist or .....Tag this Judgment!
Court : Delhi
Decided on : Nov-11-2011
..... 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 .....Tag this Judgment!
Court : Delhi
Decided on : Dec-08-2011
..... 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 .....Tag this Judgment!
Court : Delhi
Decided on : Jun-08-2011
..... 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 .....Tag this Judgment!
Court : Delhi
Decided on : Feb-21-2011
..... 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 .....Tag this Judgment!
Court : Delhi
Decided on : May-23-2011
..... 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 .....Tag this Judgment!
Court : Delhi
Decided on : Feb-11-2011
..... 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) .....Tag this Judgment!
Court : Delhi
Decided on : Sep-23-2011
..... dna profiling is a relevant fact to establish to parentage and paternity so far as plaintiff is concerned. 191. under section 114 of the indian evidence act, the court may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct ..... v. spector, 712 s.w.2d 219, 222 (tex.app.-san antonio 1986). 208. in the judgment reported at 2008 me 79, 946 a.2d 389 titled in re: kingsbury, the court held that a blood relative of the decedent who was also a party in action could be directed to submit to dna testing ..... 1 to submit to testing suspect, unless explained by good reasons. 181. it also requires to be borne in mind that while considering ia no.4720/2008 and the present application only the concerns of the defendant no.1 are being addressed. no heed is being paid to the trauma which the plaintiff is ..... but denies relationship or intimacy with her as well as the plaintiff. 6. during the pendency of the suit, the plaintiff filed ia no. 4720/2008 on 11th april, 2008 seeking a direction to the defendant no. 1 to submit to dna testing. this application though opposed by the defendant no.1, was allowed by the ..... vs. state of karnataka. this judgment does not appear to have been placed before this court while dealing with ia no. 4720/2008 even by the defendant no.1. mr. burqi has placed reliance on the following observations of the supreme court in para 264 of the judgment:- "264. in light of these conclusions, we hold .....Tag this Judgment!