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Delhi Court May 1980 Judgments

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May 06 1980 (HC)

H.S. Jolly Vs. Sri Kishan

Court: Delhi

Reported in: 18(1980)DLT309

J.D Jain, J. (1) This revision petition is directed against order dated 10.1.77 of a Metropalitan Magistrate discharging the respondent in a complaint case instituted by the petitioner who is Superintendent, Customs & Central Excise, New Delhi against him under Section 135(b) of the Cusoms Act (hereinafter referred to as the Act). The facts of the case lie in a narrow corn- pass. The respondent carries on his business in the firm name M/s. Novelty Emporium, Chandni Chowk, Delhi, of which he is the sole proprietor. On 13.7.1968 Shri S.M. Kesar, Inspector Customs (Public Witness 3) conducted a search of the business premises of the respondent pursuant to a search warrant issued by the Assistant Collector of Customs. The respondent was present at the time of the search. On enquiry by Shri Kesar as to whether he had any contraband goods in the shop he replied in the negative. However, the search yielded 51 sarees of foreign origin. Of these 41 sarees were embroidered while rest were plain/...

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May 06 1980 (HC)

Malik Singh Vs. Jagan Nath Bahl

Court: Delhi

Reported in: 19(1981)DLT123

D.K. Kapur, J.(1) Shri Jagan Nath Behl, respondent in this Court instituted a suit for recovery of Rs. 5,205.41 against S. Malik Singh, appellant here as arrears of rent and damages for use and occupation. The arrears of rent were claimed for the period 12th May, 1960 to 31st March, 1966, because Shri P. K. Bahri, Additional Rent Controller had fixed the standard rent of the premises at Rs. 50.00 per month by an order made on 6th June) 1967. But, this standard rent was made effective from 12th May, 1960. Before the date of the judgment, ShriA.P.Chaudhery, Additional Rent Controller had already passed an eviction order on 1st April, 1966 against the tenant. The tenant was actually evicted on 8th May, 1969. Undoubtedly, before the standard rent was fixed, the tenant was paying only Rs. 10.00 per month. .The landlord, thereforee, filed the suit for recovery of the extra rent for the period 12th May, 1960 to 31st March, 1966, and for damages for use and occupation after the eviction order ...

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May 05 1980 (HC)

Ganga Prasad Gupta and Sons Vs. the Assistant Registrar of Trade Marks ...

Court: Delhi

Reported in: 18(1980)DLT423

M.L. Jain,J.(1) This matter comes up by way of an appeal against the order of the Assistant Registrar of Trade Marks of September 15, 1970, accepting the application for rectification of a trade mark under S. 56 of the Trade and Merchandise Marks Act, 1958 (hereinafter the Act), filed on December 16, 1965, by Karan Singh of M/s. Ishwari Prasad Karan Singh against Dr. Ganga Prasad A Gupta of M/s. Ganga Prasad Gupta & Songs, both parties of Hathras. (2) The parties are selling an anti-malaria mixture known as Sikatra Kl BOTAL. The applicant; for rectification claims to be B the registered proprietor of the trade marks (1) Araq Karan Prakash and Sikatra Ki Botal along with the bust portrait of Karan Singh, and (2) Sikatra Kl Botal, registered respectively at No. 146942 on 1-9-1952 and No. 209326 on 1-9-1963. It was alleged that this was the trade mark which was adopted by his father in the year 1925 to denote the goods known as medicinal preparation for malaria fever and liver diseases wh...

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