Skip to content


Latest Cases Home > Latest Court: Delhi Page 3 of about 49,929 results (0.420 seconds)

Feb 05 2016 (HC)

Data Infosys Ltd. and Others Vs. Infosys Technologies Ltd.

Court : Delhi

s. ravindra bhat, j. 1. this full bench is called upon to answer a reference made in terms of the order of the division bench dated 27.08.2012. the division bench, by its order of reference noticed a judicial conflict on the question whether prior permission of the court is necessary under section 124(1)(b)(ii) of the trade marks act, 1999 (hereafter "the act") for rectification of a registered trademark, during the pendency of a suit. the first view is that proceedings for rectification of the defendant's mark cannot be initiated without the prima facie satisfaction of the plea by the court and that the suit cannot be adjourned or stayed in terms of section 124(1)(b)(ii) of the act to await the outcome of the rectification proceedings initiated by the plaintiff before the intellectual property appellate board (hereafter ipab ?) - if the procedure outlined therein is not followed. the other view is that such proceedings (for rectification before the ipab) can be initiated without the permission of the court trying the infringement suit and the consequence of not obtaining permission is only that the applicant cannot seek stay of suit. 2. before discussion of the rival contentions and their merits on the question referred, a brief factual narrative is essential. the respondent, infosys technologies ltd. (hereafter called "infosys") sued the preset appellant data infosys (hereafter referred to as "the defendant") and claimed permanent injunction against infringement of its .....

Tag this Judgment!

Feb 05 2016 (HC)

Delhi Transport Corporation Vs. Pale Ram

Court : Delhi

1. the present petitioner, i.e., delhi transport corporation (hereinafter referred to as the petitioner-management') has preferred the present writ petition under articles 226 of the constitution of india for issuance of writ of certiorari for quashing/setting aside the impugned order dated 27.05.2003 passed by the presiding officer, industrial tribunal-ii, karkardooma courts, delhi (hereinafter referred to as the learned labour court/industrial adjudicator') in o.p. no. 260/94. 2. the brief facts stated are that the respondent-workman, i.e., shri pale ram was in the employment of the petitioner-management as a conductor, b. no. 18555. on 14.07.1991, while the respondent-workman was on duty in bus no. 9032 on patiala-delhi route, the checking officials, i.e. , shri jagdish chander, a.t.i., shri rajeev wedhera, t.s., shri attar singh, t.i., shri gulshan kumar, t.i. and shri nathu ram, t.i., of the petitioner-management intercepted the said bus and found the following irregularities:- (i) respondent-workman had not issued tickets to 15 passengers after collecting due fare. (ii) an amount of rs. 560.65 was found short in the possession of the respondent-workman. (iii) respondent-workman refused to give the complaint book. (iv) respondent-workman refused to sign on the passenger statement. (v) respondent-workman had stopped at samana bahu hotel where it was prohibited. and the abovementioned irregularities of the respondent-workman tantamount to misconduct within the meaning of .....

Tag this Judgment!

Feb 04 2016 (HC)

Sudhakar Tiwari Vs. Delhi Development Authority

Court : Delhi

pradeep nandrajog, j. 1. as per the award dated november 13, 2014, the appellant has been awarded a sum of rs. 2,62,000/- (rupees two lacs and sixty two thousand only); being the earnest money lying deposited with the delhi development authority. the delhi development authority has been awarded a sum of rs. 22,63,361/- (rupees twenty two lacs sixty three thousand three hundred and sixty one only) towards outstanding license fee payable by the appellant + pre-claim interest in sum of rs. 8,13,150/- (rupees eight lacs thirteen thousand one hundred and fifty only). pendente lite interest till publication of the award in favour of the delhi development authority has been awarded @ 15% per annum. the earnest money payable by the delhi development authority to the appellant has been directed to be adjusted. challenge thereto before the learned single judge has failed vide impugned order dated march 20, 2015. 2. responding to a notice inviting tender, which vide clause 1(vii) clearly indicated to the prospective bidders that before giving tender, the intending tenderer may inspect the site and satisfy himself about the location, area and its business prospects as also the parking site is being tendered on as is where is basis. it is presumed that the intending tenderer has inspected the parking site and familiarized himself/herself with the prevailing conditions in all respect before submitted the tender. no claim/dispute about condition/capacity of the parking site shall be .....

Tag this Judgment!

Feb 04 2016 (HC)

Roger Enterprises P. Ltd. and Another Vs. Commissioner of Income Tax D ...

Court : Delhi

dr. s. muralidhar, j. 1. ita no. 439 of 2003 filed by the assessee, roger enterprises private limited, under section 260a of the income tax act, 1961 ( act') is directed against the common impugned order dated 8th may 2003 passed by the income tax appellate tribunal ( itat') in ita no. 1515 to 1517/d/97 for the assessment years ( ays') 1981-82, 1982-83 and 1983-84. 2. by the said impugned order, the itat upheld the common order dated 23rd december 1996 passed by the commissioner of income tax (appeals) [ cit (a)'] which in turn affirmed the separate reassessment orders dated 25th march 1996 passed by the assessing officer ( ao') under section 148 of the act for the said ays. 3. the background to the appeal is that the assessee company claimed to represent customers for supply of equipments required by various governments and semi-government departments/undertakings. according to the assessee, it engages sub-agents to render the services of bringing proposals for prospective tenders/contracts; ensuring follow up with the customers and concerned departments; forwarding necessary marketing and business information; procuring necessary business information in connection with the items supplied; assisting the principals with the submission of competitive offers; assisting the principals and guiding the assessee on necessary infrastructure transportation, clearing and handling of goods whenever required depending on the nature of the contract. according to the assessee, if the .....

Tag this Judgment!

Feb 03 2016 (HC)

Havells India Limited Vs. The Advertising Standards Council of India

Court : Delhi

open court: 1. learned counsel for the parties were heard at some length on the aspect whether the present suit relates to a commercial dispute within the meaning of section 2(1)(c) of the commercial courts, commercial division and commercial appellate division of high courts act, 2015 (commercial courts act). after the hearing, the counsels were verbally informed that the submission of mr. lall that the disputes arising in the present suit are commercial disputes, has been rejected and, accordingly, a short order adjourning the proceedings was recorded. counsels were informed that a detailed order would follow. it has, thus, become necessary to record reasons and pass this order. as noticed above, it is contended by the learned counsel for the petitioner mr. chander m. lall that the dispute arising in the present suit is a commercial dispute, whereas learned counsel for the defendant has opposed the said submission. depending on the determination whether the dispute raised in the present suit is commercial, or not, would depend the decision whether to transfer the suit to the court of the concerned district judge having jurisdiction over the matter, or to retain the suit in this court as a commercial cause, since the jurisdictional valuation is below rs. 1 crore. 2. the suit filed by the plaintiff is directed against the advertising standards council of india (asci). the plaintiff company states that it is engaged in the business of manufacture and supply of fast moving .....

Tag this Judgment!

Feb 03 2016 (HC)

Larsen and Toubro Ltd. and Another Vs. Govt. of NCT of Delhi and Other ...

Court : Delhi

1. the background to the present petitions by larsen and toubro ltd. under article 226 of the constitution, aggrieved by the sealing by the department of trade and taxes (dtandt) government of the national capital territory of delhi (gnctd) of its three offices in delhi in purported exercise of the powers under section 60 of the delhi value added tax act 2004 ('dvat act'), is set out in the order passed on 19th march 2013, the relevant portion of which reads as under: "these writ petitions are directed against the order dated 16.03.2013 purportedly issued under section 60 of the delhi value added tax act, 2004 whereby the three separate premises of the petitioner at nehru place, moti nagar and peera garhi were sealed by the value added tax officer (special zone). it may be pointed out that the survey was conducted on 15.03.2013 (friday) when the value added tax officer arrived at the said premises of the petitioner at about 5.30 p.m. in the evening and demanded important documents. the representative of the petitioner stated that he would provide those documents but that would require some time as information had to be culled out, collated and reconciled before the same could be presented to the department. it was also pointed out that the office of the petitioner had shifted from okhla industrial estate to nehru place and that the bulk of documents were lying in boxes. the photographs of the said office were also shown to us which indicate that the process of shifting was .....

Tag this Judgment!

Feb 03 2016 (HC)

The Management of M/s. Delhi Transport Corporation Vs. Puran Chand

Court : Delhi

1. the present petitioner, i.e., delhi transport corporation (hereinafter referred to as the petitioner-management') has preferred the present writ petition under articles 226 and 227 of the constitution of india whereby seeking the quashing of the impugned order dated 26.05.2003 passed by the ld. presiding officer, industrial tribunal-ii, karkardooma courts, delhi (hereinafter referred to as the learned labour court/industrial adjudicator') in o.p. no. 109/94 being totally illegal, arbitrary, unreasonable, perverse and unjustified order. 2. the brief facts stated are that the respondent-workman, i.e., shri puran chand was in the employment of the petitioner-management and he was on duty in bus no. 9069 on route no.46. on 15.07.1993, while the respondent-workman was on duty in the aforesaid bus, the checking officials, i.e., shri ram kishan, a.t.i, shri rajvir singh, t.i and shri ram phool, a.t.i of the petitioner-management intercepted the said bus at paharganj and found the following irregularities:- (i) respondent-workman had not issued tickets to a group of 15 passengers after collecting due fare. (ii) respondent-workman had surrendered 15 unpunched tickets of rs.2/- denomination each in a half punched position. (iii) an amount of rs. 27.50 was found short in the possession of the respondent-workman. and the abovementioned irregularities of the respondent-workman tantamount to misconduct within the meaning of para 19 (a), (b), (h) and (m) of the standing orders governing .....

Tag this Judgment!

Feb 02 2016 (HC)

Ram Naresh Vs. Union of India and Another

Court : Delhi

sunil gaur, j. 1. penalty of reduction of pay by two stages i.e. from rs. 7860/- to rs. 7290/- in the time scale of pay rs. 5200-20200/- + rs. 2000/- (grade pay) for a period of one year with the rider that petitioner will not earn increments of his pay during the period of reduction and that on expiry of this period, the reduction will have the effect of postponing his future increments of pay, is assailed in this petition by petitioner, who was working as constable of central industrial security force (cisf) unit, ssg, greater noida (u.p.) in the year 2010. 2. vide office memorandum of 12th september, 2011, charge-sheet under rule 36 of the cisf rules-2001 was issued. the article of charge upon which petitioner was departmentally tried reads as under: - that no.014070042 const. (gd) ram naresh, admgroup, cisf unit, ssg, greater noida, (u.p.) while performing duty in mi room of the unit involved himself in malpractice during the process of medical test of anand kumar for the post of constable in cisf scheduled to be held at cisf hospital, ghaziabad, u.p. in august, 2010. such serious act on his part tantamount to gross indiscipline, misconduct, dereliction of duty, which is highly unbecoming of a member of a disciplined armed force of the union like cisf. hence the charge. ? 3. petitioner had given a reply to the memorandum of charge, which was not found to be satisfactory, and in the inquiry conducted, nine witnesses were got examined. the material evidence is of the .....

Tag this Judgment!

Feb 02 2016 (HC)

M/s. Bharat Power Control Systems Vs. Govt. of NCT of Delhi and Others

Court : Delhi

sanjeev sachdeva, j 1. the petitioner has filed the present petition seeking quashing of the decision taken by the respondents no. 1 to 3 on 16.10.2015 of disqualifying the petitioner from the bidding process and for a mandamus to respondents no. 1 to 3 to re-conduct the tender process by allowing the petitioner to take part in the bidding/tender process. 2. it is contended that the petitioner is a sole proprietorship concern of shri bharat bhushan bali. as per the petitioner, shri bharat bhushan bali along with the sole proprietor of respondent no. 4, shri g.s. bakshi, had entered into a partnership on 03.08.1991 and the partnership deed dated 01.04.1992 was executed between the two. the business of the partnership was carried on under the name and style of m/s labotek. as per the said partnership deed, both the partners were working partners and had 50% share in the losses and profits. it is contended that as per the partnership deed both the partners were to contribute equally towards the working of the said partnership firm. it is contended that both the partners, in fact, till the dissolution carried on the firm and contributed equally to the functioning of the said firm. 3. it is contended that the partnership was dissolved by deed of dissolution dated 31.05.2013 and shri g.s. bakshi took over the business as well as the goodwill of the erstwhile partnership and continued the business in the same name as its sole proprietor. shri bharat bhushan bali carried on the same .....

Tag this Judgment!

Feb 02 2016 (HC)

Anand Kumar Mohatta and Another Vs. State (Govt. of NCT of Delhi) and ...

Court : Delhi

crl.m.c. 4763/2014 1. by way of this petition filed under section 482 of the code of criminal procedure, 1973 ( cr.p.c.'), petitioners seek directions thereby quashing of fir no.0139/2014 registered at police station barakhamba road, new delhi, for the offence punishable under sections 406/417/420 of the indian penal code, 1860 ( ipc'). 2. learned senior counsel appearing on behalf of the petitioners submitted that the agreement was signed on 03.06.1993 and the fir in question was registered on 20.08.2014, i.e., after 21 years. the fir was preceded by the communication dated 29.09.2011 sent by the petitioner no. 1 to the respondent no. 2, reflecting disinterest to enter into a new agreement with respondent no.2. the same is also reflected in the letter dated 28.05.2005, which clearly shows that prior meeting had taken place between petitioner no. 2 and respondent no.2, which had failed. the said prior meeting took place after property was transferred in the name of the petitioner no. 2. 3. learned senior counsel further submitted that prior to the fir, a criminal complaint dated 19.11.2011 with the very same allegations was filed by the respondent no.2 at police station barakhamba road, new delhi, followed by a complaint dated 10.09.2012 with the additional commissioner of police. despite, the police did not register the case, therefore, the respondent no.2 filed an application under section 156(3) cr.p.c., which was withdrawn later on. without any change of circumstances .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //