Court : UK Supreme Court
Decided on : Dec-09-2009
..... arose the narrow issue of the interpretation of the relevant provisions of the 1991 act. at first instance, in a judgment delivered on 1 august 2008, wyn williams j found in favour of welsh water  ewhc 1936 (qb). his decision was reversed by the court of appeal on 28 november 2008  ewca civ 1552. barratts then proceeded to connect the development's sewer to ..... or undertaker can refuse to agree to the developer's proposals. there is no material difference between the 1936 and 1991 acts for this purpose. the 1936 act provided that disputes between developers and authorities should go to a magistrates' court. the 1991 act provides that a developer who argues that an authority's refusal is unreasonable can take the dispute to ofwat, which ..... vicinity of their development as the connection point. it is, i believe, significant that, in nearly a century and a half since the 1875 act was passed, this is the first occasion upon which the english court has been required to resolve a dispute between property owner and sewerage undertaker as to the point of connection of a private sewer or drain ..... inappropriate point could include pollution and risk to health, thereby infringing articles 2, 3 or 8 of the european convention on human rights. the court was bound, if possible, so to interpret section 106 of the 1991 act as to avoid these consequences see marsleasing sa v la comercial internacional de alimentacion sa (case c-106/89)  ecr 1-4135 and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-03-2009
Reported in : AIR2010SC972; 2010(1)AWC7(SC); 2009(14)SCALE303; (2010)1SCC409; 2009(10)LC5090(SC)
..... act, 1940 the court jurisdiction of the court is limited. it has also been noticed that the court cannot hear the objections against the award as an appellate court, as the arbitrator is the final arbiter of the dispute referred to him. after noticing the legal position ..... corporation v. central warehousing corporation it was held:at the outset, it should be noted that the scope of interference by courts in regard to arbitral awards is limited. a court considering an application under section 30 or 33 of the act, does not sit in appeal over the findings and decision of the arbitrator. nor can it re-assess or re-appreciate ..... on the point in issue. it is further observed that the arbitrator has passed the award giving reasons in detail. therefore it cannot be said that the arbitrator has acted beyond the scope of reference.9. the civil court took due notice of the settled propositions of law that at the time of hearing of objections under section 30 of the arbitration ..... arbitrator is final and the only grounds on which it can be challenged are those mentioned in sections 30 or 33 of the act. therefore, on the contentions urged, the only question that arose for consideration before the high court was, whether there was any error apparent on the face of the award and whether the arbitrator misconducted himself or the proceedings .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-02-2009
..... registered as on the date of the suit for the relief of infringement though it could be material against passing off in a court having jurisdiction. in the case of mfa no. 13696/2008 even though class-16 is pleaded and allegation of brochure of defendant is made, the ultimate grievance is against the business itself. ..... trade mark though in the said case the issue related to the jurisdiction in view of section 62(2) of the copy rights act, 1957. in that context, the hon'ble supreme court is of the view that cause of action will arise only when a registered trade mark is used and not when an application ..... held in premier distilleries case the cause must precede the action and not follow it. in fact the hon'ble supreme court in the case of k. narayanan and ors. v. s. murali : air 2008 sc 3216 has also held that there is no right in the person to assert infringement before registration is granted. this ..... a decision in the case of indian hotels company ltd. and anr. v. jiva institute of vedic science and culture : 2008 (37) ptc 468 (del.) rendered by a hon'ble division bench of high court of delhi, this aspect has been adverted to and in a situation where the parties had registration in class -16 and an ..... and the right under the act if invoked, even then, since the suit under the act is in the nature of passing off, even in that event, a composite suit is not maintainable as held by the hon'ble supreme court in the case of dabur india ltd. v. k.r. industries : air 2008 sc 3123 relied on .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-18-2009
..... truck did not contest the proceeding but the appellant, the new india assurance company ltd., contested the proceeding with the leave of the court under section 170 of the act and filed the written statement denying the material allegations made in the application for compensation. according to the insurance company, there was ..... death of a passenger occurred due to explosion of a bomb within a bus but no precautionary measure was taken. in such circumstances, the supreme court was of the view that the claimants were entitled to get compensation as negligence of the respondent in not taking adequate measures for the safety of ..... another decision relied upon by mr. mondal, the accident relating to death occurred due to overturning of a bus. in such a situation, the apex court was of the opinion that in the absence of the explanation by the driver as regards the cause of overturning, the doctrine of res ipsa loquitur was ..... offending vehicle but for whom the accident would not occur. moreover, the requirements of application of the aforesaid principles as indicated by the apex court are absent because the cause of accident is the overtaking of the stationary truck by the maruti van and the negligence on the part of ..... the learned tribunal below was totally wrong in applying the said principle to the facts of the present case.25. as pointed out by the supreme court in the case of syad akbar v. state of karnataka reported in : air 1979 sc 1848, the principles of res ipsa loquitur can be made .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-18-2009
Reported in : (2010)157PLR291
..... of such power shall vest in, and be utilised by the state government in accordance with the provisions of this act; provided that the powers of the pepsu land commission under the pepsu law shall vest in, and be exercised by the collector of the district concerned.(3) save as provided in ..... appointed day (24.1.1971) and the area which may be so declared under the punjab law or the pepsu law after the appointed day shall be deemed to have vested in the state government with effect from the date of such declaration.'21. ..... section further posits that 'the area declared surplus or tenant's per-missible area under the punjab law and the area declared surplus under the pepsu law, which has not so far vested in the state government, shall be deemed to have vested in the state government with effect from the ..... following manner:33. repeal and savings.-(1) the provisions of the punjab security of land tenures act, 1953, and the pepsu tenancy and agricultural lands act, 1955, which are inconsistent with the provisions of this act are hereby repealed.(2) the repeal of the provisions of the enactments mentioned in sub-section ( ..... 2008) 7 scc.144 in which the facts are entirely different, are applicable to the facts of this case.29. in the aforesaid judgments, while interpreting the provisions of section 52 of the transfer of property act, 1882 and order 1 rule 10 cpc, it was held that 'if the transfer of property during litigation is without permission of the court .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Nov-11-2009
..... of medical expenses framed by the state of punjab on 25-1-1991 and 8-10-1991. 22. this court, however, considered the validity of a rule in regard to reimbursement of the medical expenses vis- a-vis the fundamental right of a citizen in terms ..... himself, who else will do it? therefore one should do what is good to himself." we may, however, notice that in that case, before this court, rules framed under the proviso to article 309 of the constitution of india, were not in force. what were in force were the policies regarding reimbursement ..... of the respondents to consider the case with utmost sympathy, within the frame work of the rules and regulations. 8. law laid down by the supreme court has always to be kept in view while deciding the issues coming before the tribunal. as such, it is very much appropriate (perhaps essential too) to ..... one of the recent case on the subject is state of karnataka v. r. vivekananda swamy, (2008) 5 scc 328, wherein, the apex court has held as under: 20. law operating in this field, as is propounded by courts from time to time and relevant for our purpose, may now be taken note of. 21. ..... keeping in view the spirit in grant of medical facilities/medical reimbursement as highlighted by the apex court in the case of vivekananda swamy(supra) arrive at a judicious conclusion and inform the first respondent, who would act on the basis of the decision as communicated by the railway board. 11. the matter pertains .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-16-2009
Reported in : 2009(111)BomLR4573
..... by the accused who has been convicted and sentenced under section 20(b)(ii)(c) of the n.d.p.s. act, 1985 act, for short) in special criminal case no. 8/2008 by judgment dated 19-1-2009.2. the raid in this case was conducted by police inspector suraj halarnkar/pw7 of anc ..... in the laboratory, to a question in cross examination, has stated that he could not answer whether the contraband contained cow dung also and the apex court came to the conclusion that the isolated answer was hardly sufficient to destroy the evidence of that witness.40. considering the facts of the case and ..... quantity and it was contended that its percentage content of heroin translated into weight that is relevant and that is the contention which was ultimately accepted by the court. relying on its earlier decision in the case of ouseph alias thankachan v. state of kerala : (2004) 4 scc 446, it was held that ..... could not have been more than six months and which period the accused has already undergone. learned counsel further submits that the view held by this court earlier in the case of shri vijaykumar ghale v. the state (unreported judgment dated 15.6.2006 in criminal miscellaneous application no. 196 of 2006) ..... an independent witness until it is proved that he was dependent on the police or other officers for any purpose or whatsoever. further, the apex court has stated that the necessity for independent witness' in cases involving police raid or police search is incorporated in the statute not for the purpose of .....Tag this Judgment!
Court : Delhi
Decided on : Oct-15-2009
Reported in : 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 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-25-2009
Reported in : AIR2010SC433; 2010(1)AWC253(SC); JT2009(11)SC311; 2009(11)SCALE731; 2009(9)LC4025(SC):2009AIRSCW6953
..... whether notings recorded in the file would constitute civil or criminal contempt within the meaning of section 2(b) and (c) of the contempt of courts act observed as under:14. now, the functioning of government in a state is governed by article 166 of the constitution, which lays down that there ..... and the chief minister, the state government must be deemed to have withdrawn from the acquisition within the meaning of section 48(1) of the act. this court noted that the society, which claims to have purchased 525 bighas of land from khatedars, represented the government to de- notify the land. the ..... (3) scc 399 and s.n. chandrasekhar v. state of karnataka : 2006 (3) scc 208.53. unfortunately, despite repeated judgments by the this court and high courts, the builders and other affluent people engaged in the construction activities, who have, over the years shown scant respect for regulatory mechanism envisaged in the municipal and ..... bachhittar singh v. the state of punjab (1962) supp. 3 scr 713, in the backdrop of the argument that once the revenue minister of pepsu had recorded a note in the file that the punishment imposed on the respondent be reduced from dismissal to that of reversion, the same could not ..... scc 77; state of kerala and ors. v. k. prasad and anr. : (2007) 7 scc 140; punjab state electricity board and ors. v. gurmail singh : (2008) 7 scc 245 and panchi devi v. state of rajasthan and ors. : (2009) 2 scc 589.52. before concluding, we consider it necessary to enter a caveat. .....Tag this Judgment!