Delhi Court November 2004 Judgments
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Reliance Infocomm Limited Vs. Bharat Sanchar Nigam Limited
Court: Delhi
Decided on: Nov-04-2004
Reported in: (2005)3CompLJ368(Del)
Vikramajit Sen, J.1. The prayers in this Petition are that Bharat Sanchar Nigam Limited (BSNL in short) be directed to continue to provide to Reliance Infocomm Limited (RIL in short) of Interconnect Facilities at all points of Interconnection in accordance with the Inter-Connection Agreement subsisting between the parties regarding ILD, NLD and UA services and further that BSNL be restrained from disconnecting the Petitioners Points of Inter-connect or acting upon the threats of disconnection contained in its letter dated 29th October, 2004.2. The matter has been argued in great detail as the Respondent is also represented by Mr.Rajiv Nayyar. The letter dated 29th October, 2004 (Annexure P20) is on the subject of `Violation of NLD service Interconnect Agreement-Unauthorised routing.' This letter refers to RILs communication dated 14th October, 2004? The stand of the Respondent can be gleaned from the said letter which is thereforee reproduced verbatim: Bharat Sanchar Nigam Limited (A G...
Smt. Usha Rani Vs. Pritam Singh and ors.
Court: Delhi
Decided on: Nov-04-2004
Reported in: I(2005)ACC845; 117(2005)DLT476
R.S. Sodhi, J.1. This appeal is directed against the judgment/Award of the Motor Accident Claims Tribunal in Case No.113/84, whereby the Tribunal by its award dated 3.1.1995 has held that no accident took place with the offending vehicle and that the Insurance Company was not liable to discharge the claim even if the claim had been proved. 2. Brief facts of the case as noted by the Motor Accident Claims Tribunal are as follows:- Claimants are legal heirs of Jag Mohan deceased. He was aged 29 years old and was employed in M.C.D. And earning Rs.896/- p.m. On 19.2.84 he bought some wheat bags and was traveling in truck NO. PVO-4695 with wheat bas for carrying the same to general tore Punjabi Bagh. It was being run by respondent No.1 under employment of Respondent NO.2 and was returned with respondent No.3. The truck was being run rashly and negligently. Driver, when reached crossing of general store on Ring Road, there was red light. He did not care for the same and tried to cross the sam...
Sh. Madhu Sudan Sharma Vs. Bhagwan Das and ors.
Court: Delhi
Decided on: Nov-04-2004
Reported in: 115(2004)DLT251
R.S. Sodhi, J.1. This appeal is directed against the Award dated 17.11.1987 of the Motor Accident Claims Tribunal, Shahdara in Suit No.345/74, whereby the learned Tribunal vide its award dated 17.11.1997 has awarded a sum of Rs.70,000/- together with interest of 12% from the date of filing of the claim till realization of the amount from the Insurance Company. 2. Brief facts of the case as noted by the Motor Accident Claims Tribunal are as follows:- ''Sh.Madhu Sudan Sharma and Smt.Prem Sharma have preferred these two claim petitions against Sh.Bhagwan Dass, driver, Sita Ram, owner of the vehicle and New India Assurance Co., insured of vehicle No.DLP 4780. These two cases have been consolidated vide orders dated 6.12.77. In the claim petition filed by Sh.Madhu Sudan Sharma a sum of Rs.1,00,000/- has been claimed as compensation on account of the injuries sustained by him and in the second claim petition filed by Smt.Prem Sharma a sum of Rs.25,000/- as been claimed as compensation for th...
Mathura Dutt and ors. Vs. Dtc and anr.
Court: Delhi
Decided on: Nov-04-2004
Reported in: I(2005)ACC33; 2006ACJ1129; 115(2004)DLT567; 2005(3)KLT218
R.S. Sodhi, J.1. This appeal is directed against the judgment of the Motor Accident Claims Tribunal, Delhi (for short 'the Tribunal' in Suit No. 399/1984, whereby the learned Tribunal has awarded a sum of Rs. 54,000/-. 2. The facts of this case, as has been noted by the Tribunal, are as under : 'Petitioners' case is that on 22.5.1984 at about 7.00 P.M., deceased was traveling by bus No. DLP-743 and while she was getting down from the bus, the bus driver suddenly started the bus without caring whether she has got down or not as a result thereof, deceased fell down on the road and later on died. 3. Deceased was aged 35 years and was working in different houses as petty worker and was earning Rs. 300/- per month plus free boarding. After death of deceased, Petitioner No. 1 his husband, unable to keep his eldest daughter with him who is aged about 16 years and she is putting up with her maternal grant mother in the village. The deceased died on account of rash and negligent driving on the...
Societe Des Products Nestle S.A. and anr. Vs. Gopal Agencies and ors.
Court: Delhi
Decided on: Nov-04-2004
Reported in: 115(2004)DLT230; 2005(30)PTC63(Del)
Mukul Mudgal, J.1. This interim application for interim injunction has been filed in the suit averring violation of intellectual property rights of the plaintiff by the defendants. The plaint avers as follows:- (a) The plaintiffs had launched the Maggi Sauce in 1985 originally comprising of tomato and hot and sweet variants. In 1987 Chilli Garlic and Masala Chilli variants were also introduced. The dispute arises on account of the defendants' mala fide imitation of 200 grams bottles in the variants `Hot and Sweet', `Chilli Garlic' and `Masala Chilli' marketed by the plaintiff since 1985 and 1987 respectively. (b) The plaintiff's case is based upon what it avers to be its bottles which are distinctive in shape and size and have yellow coloured striated caps. The bottles have one smaller neck label and one large label on the body of the bottle. The plaintiff is a large trading concern, trading all over the world and had built an enviable reputation due to extensive advertising and other ...
Selected Marbles Home and ors. Vs. Arun Kumar Kamal Kumar and ors.
Court: Delhi
Decided on: Nov-04-2004
Reported in: 2005(1)ARBLR94(Delhi); 115(2004)DLT117
R.C. Jain, J.1. Once again we are called upon to determine an important question. The question is ''whether the provisions of Arbitration Act, 1940 (hereinafter referred to as '' old Act'') or that of Arbitration and Conciliation Act, 1996 (referred to as ''new Act'') would govern the proceedings for the enforcement of an award which has been rendered after the enforcement of the new Act w.e.f 25.1.1996 though the reference to arbitration was made and arbitral proceedings were conducted under the provisions of the old Ac? Depending upon the outcome of this, the next question would be - what is the effect of clause 11 appearing in the arbitration agreement. 2. The germane facts which gave rise to the above questions are in a narrow compass. Vide an order dated 18.9.1995 passed in Suit No.3708/1991 under Section 20 of the old Act, this Court appointed Mr.Justice (Retd.) Charanjit Talwar as the sole arbitrator to adjudicate upon the disputes and differences which have arisen between the p...
New India Insurance Co. Vs. Madhu Sudan Sharma and ors.
Court: Delhi
Decided on: Nov-04-2004
Reported in: I(2005)ACC164; 2006ACJ1652; 116(2005)DLT189
R.S. Sodhi, J.1. This appeal is directed against the Award dated 17.11.1987 of the Motor Accident Claims Tribunal, whereby the Tribunal has awarded a sum of Rs.70,000/- along with 12% interest from the date of filing of the petition till its realization payable by the Insurance Company. 2. In this appeal the Insurance Company has challenged the award on the ground that it has covered risk to the third party only in respect of 'Act only liability' and is not unlimited. 3. In the present case, the policy RW1/1 which is the only basis for the court to have arrived at any conclusion even though not proved in accordance with law shows that the Insurance Company had charged a basic premium of Rs.276/- together with 1/2 % of Insured Estimate Value (I.E.V.) of the insured vehicle which was Rs.30,000/- and a premium of Rs.150/- has been paid. A sum of Rs.108/- has been paid on account of legal liability to passengers. Another sum of Rs.10/- for legal liability for driver and conductor and for r...
Commissioner of Wealth Tax Vs. Sir Shoba Singh Public Charitable Trust
Court: Delhi
Decided on: Nov-04-2004
Reported in: (2005)193CTR(Del)287; [2005]274ITR478(Delhi)
B.C. Patel, C.J.1. These references are for the assessment years 1973-74 to 1983-84, at the instance of the revenue, by the Tribunal under Section 27(1) of the Wealth Tax Act, 1957 (hereinafter referred as 'the Act'). Though the questions are worded differently in different matters, but, essentially questions are as under:- '1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the net wealth of the assessed trust was exempt U/s 5(1)(i) of the Wealth Tax Act,1957 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that the assessed trust was not hit by the provisions of Section 21A of the Wealth Tax Act,1957 read with section 13 of the Income-tax Act 1961 ?'2. We have taken the facts from the paper book of WTR Nos. 41 to 43 of 1988. Initially, in the Income-tax case of the assesee it had been held that the trust violated the provisions of Section 13(1)(c) rea...
Ela Kumar Vs. A.i.C.T.E. and anr.
Court: Delhi
Decided on: Nov-04-2004
Reported in: 117(2005)DLT371; 2006(1)SLJ163(Delhi)
B.A. Khan, J.1. Appellant's writ petition WP (C) No. 6827/2003 has been dismissed by impugned order dated 12.5.2004 for want of jurisdiction by this Court on noticing that appellant was aggrieved of action of respondent No. 1, located at Faridabad.2. Appellant was a candidate for the post of Assistant Professor in the YMCA Institute of Engineering (YMCAIE), Faridabad; Haryana. He claims that he was eligible for the post in terms of the qualification prescribed in circular dated 15.3.2000 issued by AICTE -- All India Council for Technical Education. However, the Council had changed the eligibility criteria later which had resulted in appellant becoming ineligible for the post although he had taken the interview for it. And when he had sought redressal for this, he was informed that AICTE had directed respondent No. 2/Institute to decide his eligibility as per amended notification dated 19,2.2003.3. Appellant felt aggrieved of this and filed WP(C) No. 6827/2003 seeking a mandamus to AICT...
Cwt Vs. Sir Shoba Singh Public Charitable Trust
Court: Delhi
Decided on: Nov-04-2004
Reported in: [2005]142TAXMAN478(Delhi)
B.C. Patel, CJ. These references are for the assessment years 1973-74 to 1983-84, at the instance of the revenue, by the Tribunal under section 27(1) of the Wealth Tax Act, 1957 (hereinafter referred as 'the Act'). Though the questions are worded differently in different matters, but, essentially questions are as under:'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the net wealth of the assessed trust was exempt under section 5(1)(i) of the Wealth Tax Act, 1957?2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that the assessed trust was not hit by the provisions of section 21A of the Wealth Tax Act, 1957 read with section 13 of the Income Tax Act, 196l?'2. We have taken the facts from the paperbook of WTR Nos. 41 to 43 of 1988. Initially, in the income-tax case of the assessed it had been held that the trust violated the provisions of section 13(1)(...
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