Court : Delhi
Decided on : Apr-18-2013
..... even bid for the project. g) the contention of the petitioner is that the power of attorney executed in favour of p.surya rao was never acted upon as testified by mr.n.karthikeyan, genereal manager of ehl in his affidavit dated 15.01.2013 for the reason that the defects in power ..... of rgppl to examine the eligibility of the bider and observed as under : .suffice it to say for the present that rgppl as the owner acting as a prudent and responsible public authority discharging public trust obligations was well within its rights to raise questions and seek answers on an important matter like ..... having its registered office at tower house, 1st floor, aberdeen bazar, port blai 101. and m/s. rds project limited, a company incorporated under the indian companies act, 1956 (1 of 1956) and having its registered office at 427, somdutt chambers-ii, 9, bhikaji cama place, new delhi-110 066, india and branch office ..... of breakwater from the length 102 mtrs. to 200 mtrs i.e. 98 mtrs. learned asg has taken us through the documents obtained by rgppl under rti act as well as the cag report to indicate the extent of work attributed to rds as well as to emphasize that construction of breakwater at mus in ..... bind them or that the same was contrary to the facts. the high court ought to have examined the issue on merits, rather than taking a short cut. the high court has incidentally taken support from the certificate dated 5th april, 2008 and clarification issued on 5th june, 2010 to hold that the rds had .....Tag this Judgment!
Court : National Green Tribunal Principal Bench New Delhi
Decided on : Jul-11-2013
..... harm and taking measures to avoid it or to choose the least environmentally harmful activity. again it is based on scientific uncertainty. 31. the supreme court had the occasion to explain the principle of precaution and the burden of proof in environmental cases. in some elaboration, in the case of a. ..... from vitthalwadi to nh-4 bypass is being constructed as per development plan approved by the government of maharashtra vide its resolution dated 15th may, 2008. the width of the road is 24 m to 18 m and not 30 m as stated by the applicant. it is claimed that construction ..... are likely to discharge sewage of affluent and establish and operate an industrial plant as defined under the provisions of air (prevention and control of pollution) act, 1981. 4. this project of constructing a road connecting vitthalwadi and nh-4 bypass is an activity for which consent is needed. respondent no. ..... respondents to construct the said road. in fact, the applicant no.1 had made an application on 20th march, 2012 under the provisions of the rti act and collected information from the dy. superintending engineer, pune irrigation circle, who informed that construction of the road along mutha river from vitthalwadi to ..... plan was prepared for the said 23 villages. the draft development plan was published under section 28(4) of the maharashtra regional and town planning act (for short ??mrtp act) and was submitted to the state government in terms of section 30 of the mrtp act. the location where the road is .....Tag this Judgment!
Court : National Green Tribunal Principal Bench New Delhi
Decided on : Jul-18-2013
..... conformity with the regulations and the law. any decision to the contrary would be an action extra jus. laconic result of collective reading of the master plan, the development authority act and other relevant notifications is that the development authority, nagar nigam, the pollution control board and their respective officers have no power to vary the land use and places prescribed ..... contained therein are mandatory. they are incapable of being altered or varied without following the due process prescribed in law. the supreme court, in the case of ndmc and ors. v. tanvi trading and credit private limited and ors. (2008) 8 scc 765, took the view that even in terms of guidelines issued in relation to a new building till finalisation of ..... these petitions. primarily, we would refer to the facts, as given in application no.86 of 2013. as already noticed, the applicant is a registered society under the society registration act, 1860. it is averred that this society is formed to encourage safeguarding of the environment and other human values in the younger generation and has been carrying on various activities ..... december, 2012 have been challenged in the following applications: (i) in application no.86 of 2013, the petition filed by rayons-enlighting humanity, a society registered under the society registration act, 1860, it has prayed that the above letter dated 19th december, 2012 be quashed, and that the ministry of environment and forests (for short ??moef), be directed to review the .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jan-23-2013
..... meaningless. in sagir ahamad's case the amendment to the constitution was done prospectively. that is the reason for which the hon'ble supreme court held that the unconstitutional act passed anterior to such amendment cannot be validated by a subsequent amendment. 7.17. at this stage it is appropriate to note that sub ..... clause (i) of sub-sec. (3b) referred to ??advertisement, publicity and sales promotion ? . the hon'ble jurisdictional high court in the case of cit vs. khetu ram bishambar dass [(2008) 166 taxman 273 (del.)], has held that bonus paid to dealers is not in the nature of sales promotion expenses and hence ..... the additional evidence filed by the ld. dr through the first application. the assessee in response to notice u/s 92ca for the a.y. 2008-09 submitted before the tpo that lg electronics singapore pte. ltd.'s (lgesl) marketing division is responsible for developing a range of marketing and sale ..... technically speaking, it is not additional evidence as it comprises of the order passed by the tpo in assessee's own case for a.y. 2008- 09; submissions made by the assessee itself and statements of the employees of the assessee recorded by the revenue. as will be seen infra that ..... also submitted that the department seeks to file some new material through such application, which material is germane to the proceedings for the a.y. 2008-09 and hence the same cannot be considered as significant for the year under consideration. 8.4. we have heard the rival submissions in this .....Tag this Judgment!
Court : Delhi
Decided on : Aug-30-2013
..... contract, or as in this case, tort (of unfair competition), and finally, unjust enrichment). sections 38 and 39 of the specific relief act empower the civil court, in exercise of its jurisdiction, to issue injunctions. although, textually, section 39 talks of mandatory injunction and does not advert to statute ..... some creativity has been accepted as the standard governing copyrightability of works in india, in eastern book co (supra) by the supreme court. there, the court there held that mere copyedited portions of judgments (which contained the basic facts) did not entitle the publisher copyright protection as they did ..... ] cadbury-schweppes pty ltd and others v pub squash co pty ltd. [(1981) 1 w.l.r. 193] and hodgekinson corby ltd v wards mobility services ltd [1994 ch. 1564]. sports and general press agency ltd. was relied on to state that the organizer of an event cannot grant ..... this claim thus invokes the same rights that plaintiffs would invoke under a cause of action for copyright infringement. in other words, the court must see whether the plaintiff alleges any misconduct incorporating elements other than those subsumed within the claim of copyright infringement. the answer to that ..... v. super cassettes industries ltd., 2008 (13) scc30) it is inapt that the courts create a monopoly over facts which the parliament has deemed fit to exclude from protection under the copyright act. the plaintiff has not been able to show, in the opinion of the court, how it has proprietary rights .....Tag this Judgment!
Court : Delhi
Decided on : Oct-10-2013
..... (viii) that the plaintiff?s trademark is a well known trademark within the meaning of section 2(1)(zg) of the trademarks act; (ix) that the division bench of this court in united biotech pvt. ltd. vs. orchid chemicals & pharmaceuticals ltd. 2012 (50) ptc433(del.) (db) after considering most of ..... is likely to cause an ordinary consumer to confuse one product for another due to similarity of marks and other surrounding factors. the supreme court in cadila health care ltd. supra cited with approval the earlier judgment in corn products refining co. vs. shangrila food products ltd. air1960sc142laying ..... but also the trade channels. the products of both the plaintiff and the defendant in the present case are alcoholic beverages. though the supreme court in khoday distilleries limited supra was concerned with the same product but the alcoholic beverages with which this judgment is concerned, as distinct from ..... 32) ptc434(mad.) (db) (super boom vs. boom plus) holding that where the similarity is so close either visually, phonetically or otherwise and the court reaches the conclusion that there is imitation, no further evidence is required to establish that the plaintiff?s rights are violated; and (vi) k.r. ..... to paras no.65 to 68 and 72 to 77 of khoday distilleries limited (now known as khoday india limited) vs. the scotch whisky association (2008) 10 scc723laying down that when and how a person is likely to be confused is a very relevant consideration; where the class of buyers is quite .....Tag this Judgment!
Court : Delhi
Decided on : Feb-27-2013
..... evidence.32. per contra, mr.kathpalia, learned counsel for the respondent, submits that the present petition is totally outside the scope of interference by the honble court under section 34 of the arbitration and conciliation act 1996 and the only ground available to the petitioner is that the award is in violation of public policy of india which the petitioner has not ..... that the respondent asked for execution of lease and its registration while the petitioner evaded this obligation on one pretext or the other whereas in the email dated 11.11.2008 the respondent sought the formality of transferring the lease in its name and not execution and registration of the formal lease and, thus, the conclusion that the petitioner evaded ..... company also called upon the petitioner for completion of formalities of transferring the lease in the name of the respondent and getting it signed. by another communication dated 15.12.2008 petitioner company wrote to the respondent offering them a proposal for a profit sharing agreement which was declined by the respondent.5. thereafter vide termination notice dated 06.03.2009 ..... and negotiations related to the leasing of the premises were carried out between uppal housing limited and the petitioner company herein.4. that thereafter vide sale deed dated 01.10.2008 the impugned premise was sold by uppal housing limited to the respondent company. as per the petition, intimation regarding change of ownership was not communicated by uppal housing limited to .....Tag this Judgment!
Court : Delhi
Decided on : May-24-2013
..... ld. counsel further submitted that the pursuant to the above directions respondent no. 1 filed two status reports dated 23.05.2008 and 13.08.2008 before this court. the report dated 23.05.2008 reveals as under: (a) the medical examination of respondent no. 2 was conducted on 15.06.2007. (b) the ..... all the four persons, namely, the complainant, ms. ruby thakur, vijay kataria and sant ram have been and were closely connected and had acted in unison to falsely implicate the petitioners and even all these statements are at variance and are absolutely motivated and without any evidence. the learned acmm ..... he knows to be false and injury ensues therefrom although the motive from which the representations proceeded may not have been bad. an act of fraud on court is always viewed seriously. a collusion or conspiracy with a view to deprive the rights of others in relation to a property ..... tape recorded conversation between the petitioner sarat chander and mr. vijay kataria. the conversation leaves no room for doubt that the prosecutrix has been acting completely at the behest of mr. vijay kataria and has falsely got implicated the petitioner by giving a totally false statement to the police. ..... 194. the learned acmm relied upon the statements of two witnesses, namely, sant ram and ruby thakur and upon section 114a of the indian evidence act, 1872, and accordingly, summoned the petitioners vide order dated 13.05.2011.195. thus, the learned acmm has neither ignored the cancellation report filed .....Tag this Judgment!
Court : Delhi
Decided on : May-02-2013
..... the ends of justice or for the purpose of carrying out the other provisions of the code. it is well established principle that every court has inherent power to act ex debito justitiae to do that real and substantial justice for the administration of which alone it exists or to prevent abuse of the process ..... have felt upon the mere perusal of the complaint and the consideration of the complainant's evidence on oath.38. in a case, ranjit singh v. state of pepsu (now punjab) manu/sc/0049/1959 :1959. rilj1124 , where the sub inspector of police was convicted under section 193, i.p.c. by first class ..... in both the proceedings were substantially the same, and in the absence of any of the three pre-requisites afore-stated. section 33 of the act would not be attracted. this court had occasion to consider this question in the case of v. m. mathew v. v.s. sharma and ors., air1996sc109 , in which ..... offender. supporting the said arguments, counsel placed reliance on the judgment of the honble supreme court in the case of state of w.b. v. mohammed khalid, air 199.sc 78.and also amit jain v. state & anr. 2008 (4) jcc 2386.learned senior counsel further submitted that the ld. magistrate has no discretion ..... code.47) in divine retreat centre vs. state of kerala & others reported in (2008) 3 scc 54.the apex court again conferred in detail with regard to the scope, content and ambit of the inherent powers of the high court as conferred under section 482 cr.p.c and the following paragraphs of the same .....Tag this Judgment!
Court : Delhi
Decided on : Sep-25-2013
..... receipt cannot turn around and reprobate to claim that the accord was not voluntary.34. though the learned single judge has noted the decision of the supreme court in reshmi constructions? case (supra), but has missed para 39(ii) thereof. 10. we had thereafter concluded that from the facts noted it is ..... we do not find the arbitrator having returned any meaningful finding thereon. the award therefore suffers for an illegality contemplated by the decision of the supreme court in saw pipes? case (supra).28. the learned single judge has no doubt discussed this issue, but has not noted the relatable evidence, which we ..... stated in the application the delay of 45 days in filing the review application is condoned. rev.pet. no.472/2012 1. fao(os) 89/2008, laying a challenge to the order dated november 21, 2007 passed by the learned single judge disposing of omp no.473/2006 was disposed of by ..... scope of judicial interference under section 34 of the arbitration and conciliation act, 1996 is narrow.26. the issue, whether a plea of accord and a no claims issued, can or cannot be the subject matter of arbitration has vexed the courts on the very arbitrability of the claim. for, if there is ..... * in the high court of delhi at new delhi judgment reserved on: september 13, 2013 judgment delivered on: september 25, 2013 % + rev.pet. no.472/2012 in fao(os) 89/2008 mecon limited represented by: ..... appellant mr.s.k.taneja, sr.advocate instructed by mr.rajesh gupta, mr.sumit r.sharma, advocates versus .....Tag this Judgment!