.....on his avocation as he was doing before the accident. therefore, he is entitled for compensation under the head of loss amenities. considering the facts and circumstances of the case, a sum of rs.1,30,000/- is awarded under the head of loss of amenities. further, we find that the tribunal has not awarded any amount towards attendant charges. the victim took treatment in various hospitals for a period of eight months. when he was in the hospital, either his family members or other attendants must have attended him and therefore, he is entitled for compensation under the said head and a sum of rs.30,000/- is awarded under the head of attendant charges. thus, the total compensation of rs.5,40,000/- awarded by the tribunal is hereby enhanced to rs.8,80,000/- as under:- ----------------------------------------------------------------------------------------- heading amount awarded amount enhanced / awarded by the tribunal in appeal rs. rs. ----------------------------------------------------------------------------------------- permanent disability 1,00,000/- 2,00,000/- ----------------------------------------------------------------------------------------- transport charges.....
Tag this Judgment! Ask ChatGPT.....the order dated 21.11.2008, in o.a.no.25 of 2005, on the file of the railways claims tribunal, chennai bench and set aside the same.2. the short facts of the case are as follows:- the deceased arulraj boarded a train mas, on 09.02.2005, at about 09.30 a.m., in order to go to arakkonam. due to heavy rush and jerk in the train, the deceased, who was standing near the entrance, had fallen down from the running train, in between tiruninravur and veppampattu railway station. as a result, the deceased had sustained injuries and succumbed to it. hence, the legal heirs/parents of the deceased had filed an application in o.a.no.25 of 2005, on the file of the railways claims tribunal, chennai bench, against the union of india owing southern railway, claiming a compensation of rs.4,00,000/-.3. the general manager, southern railway, had filed a counter statement and resisted the claim application. it was submitted that on 09.02.2003, at 07.30 hours, a person informed the appellant's pointsman at tiruninravur that a male dead body was found at the end of the platform no.3 towards tiruvallur. on knowing this, the duty station master had instructed the pointsman to verify the veracity of.....
Tag this Judgment! Ask ChatGPT.....if it is of the view that the land in question requires construction of a public road, no one can stop it from acquiring the land in question. in fact, the appellants appear to have taken steps earlier for acquisition of the land in question but what prevailed upon the appellants to drop the acquisition proceeding is not quite clear.10. the present appeal arises out of a simple suit of declaration and confirmation of possession which was decreed in favour of the respondents and was upheld by the high court. the decree having been passed after contest, cannot be interfered with unless the counsel could prove perversity in the finding recorded concurrently by the courts below. it is clear that the appellants have miserably failed to do so and, therefore, it cannot bank upon the equity and good conscience of this court beseeching interference with a contested decree passed in favour of the respondents.11. it is no doubt true that the courts at times can exercise its due diligence for taking the relevant aspects of the matter while exercising its discretion for application of equity and good conscience. but, insofar as the appellants in this appeal are concerned, that also is.....
Tag this Judgment! Ask ChatGPT.....the plaintiff, that it has been conscious in promoting the brand image of its trading style which appears on all the products that the plaintiff manufactures and markets. in order to promote and protect its brand image and also attractively package it, the plaintiff submits that it has adopted a logo comprising a symbol representing „a man with outstretched arms‟ used along with the word mark “dr. reddy‟s”. the plaintiff claims that the said work/logo was an original artistic work within the meaning of section 2(c) of the copyright act. the said work was formally assigned to the plaintiff by way of an assignment deed dated december 18, 2002 and the plaintiff claims to be the proprietor of the said copyright with the exclusive right to use the said logo.5. the plaintiff submits that the defendant, reddy pharmaceuticals ltd., is a company that was initially carrying on the business of purchasing various pharmaceutical ingredients from the plaintiff and supplying them to other formulators since the year 1997, that the defendant, at no stage, was engaged in purchasing, with the purpose of creating or marketing its own finished dosage brands. hence the activities of the.....
Tag this Judgment! Ask ChatGPT.....union of india is before this court by way of this writ petition.4. vide an interim order, this court directed the petitioner to place on record the fact finding report of the ministry of tourism, government of india and also directed that copy of the report be provided to the respondent. a perusal of the said report would show that the officer who conducted the said inquiry reported that there was no documentary record in the ministry to show that the original report was received in the year 2006. he concluded beyond reasonable doubt that the original project documents on the subject matter was not available in the ministry of tourism. however, the said report does not indicate that any attempt was made to contact the then joint secretary (t) and director (t) whose signatures on the photocopy of the report were admitted by the pio before the commission, to find out when, where, and in what circumstances they had signed the documents photocopy of which was produced before the commission. in my view, it was incumbent upon the officer who conducted the inquiry into the matter to contact the above referred officers and inquire from them about the aforesaid report, before taking the.....
Tag this Judgment! Ask ChatGPT.....no. 13 to 15 respectively.3. the plaintiffs submit that the trust was created with the object of maintaining uniform quality of the products manufactured and sold under the trade mark “rathi” and to regulate the use thereof amongst the family members and family controlled companies. they further submit that the trademark “rathi” was registered under no. 309435 on october 22, 1975 in the name of plaintiff no. 13, k. l. rathi steel ltd. in respect of ribbed t, rounds, squares, flats, joists, angles, channels and re-rolled sections of common metal included in class 6 of the trade and merchandise marks act, 1958. and that through a deed of assignment dated june 29, 1995 the registered mark “rathi”, along with the goodwill and the business, was assigned in favour of the trust. the plaintiffs further submit that the name of the trust is recorded as subsequent proprietor of the registered trade mark “rathi” in the records of the registrar of trade marks and the said trademark has been renewed and is valid and subsisting till date.4. the plaintiff submits that the trade mark “rathi” has been continuously and extensively in use in the course of trade by the.....
Tag this Judgment! Ask ChatGPT.....as reflected in the leave to defend application, came to the conclusion that there were several triable issues. this conclusion was based on several factors, one of them being that the plaintiffs had not produced any document to show that they had provided consultancy services to the defendants. even the legal notice sent after dishonour of the cheques in october and november, 2009 was issued only in august, 2012 and apart from this there was no other correspondence between the parties. it is in these circumstances that the learned single judge came to the conclusion that triable issues had been raised by the defendants in their leave to defend application. consequently, the learned single judge allowed the application and granted unconditional leave to defend. we are of the view that once the learned single judge came to the conclusion that triable issues had been raised, there was nothing wrong in the learned single judge allowing the application for leave to defend without any condition. this is in conformity with the decision of the supreme court in mechalec engineers and manufacturers v. basic equipment corporation:1976. 4 scc 687.in that decision the supreme court approved.....
Tag this Judgment! Ask ChatGPT.....1995 is already pending for final adjudication before the learned sub-judge, purnea. therefore, in view of pendency of the aforesaid title suit, the parties shall be at liberty to raise all the points available to them under the law with respect to their right, title and possession over the lands under dispute. it goes without saying that the aforesaid title suit shall be decided on its own merit on the basis of the evidence/ materials produced by the parties, irrespective of the findings recorded by the original authority as also the appellate authority with respect to the impugned sanction orders passed under section 5 of the bihar consolidation of holdings and prevention of fragmentation act, 1956. (birendra prasad verma, j) btiwary/-
Tag this Judgment! Ask ChatGPT.....delhi dismissing the leave to defend application of the petitioners herein who were respondent no.1 to 8 before the rent controller.2. brief facts of the matter are that respondent no.1 (petitioner therein) filed an eviction petition against the petitioners and respondent no. 9 therein i.e. shri gurdarshan singh uppal under section 14 (1)(e) read with section 25b of the act in respect of property bearing no. 10 sunder nagar market, sunder nagar, new delhi (hereinafter referred to as the tenanted premises) as he required the same for commercial purposes for himself and for other family members dependent upon him. it was stated by the respondent no. 1 that his family comprised of himself, his parents, his wife, one daughter and two sons. it was contended that the daughter of the respondent no.1 had joined him and was helping him in his jewellery business which was being carried out by him in the name and style of m/s padma gems from a tenanted property in a neighboring shop no. 9a, sunder nagar market, sunder nagar, new delhi and an eviction petition in respect of this shop was already pending adjudication before sh. balwant rai bansal arc (south), new delhi in the matter.....
Tag this Judgment! Ask ChatGPT.....with the eligibility certificate regulations, 2002; iii. pass such other order(s) or further orders as this honble court deems fit and proper in the facts and circumstances of the case, for which act of kindness the petitioner as in duty bound shall ever pray.6. vide interim order dated 21.3.2013, the petitioners were permitted to sit in the screening test conduct for the purpose of registration of candidates who obtained their medical qualification from a foreign country. the result of the petitioners has bas been kept in a sealed cover and is yet to be declared.7. the writ petitions have been contested by respondent no.1-mci primarily on the grounds that (i) in view of the provisions contained in section 13 (4b) of the said act and the regulations framed by the mci in exercise of the powers conferred upon it by section 33 of the said act, the petitioners were required to obtain the eligibility certificate before taking admission in the foreign university/institute concerned; and (ii) the names of the institute/university from which the petitioners obtained their medical qualification does not appear in the list of thirty (30) universities which have been recognised by the.....
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