Delhi Court December 2007 Judgments
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India Trade Promotion Organisation Vs. Workmen of Itpo
Court: Delhi
Decided on: Dec-20-2007
Reported in: 2008(100)DRJ541; [2008(117)FLR611]; (2008)IILLJ912Del
Mukundakam Sharma, C.J.CM No. 14473/2007 in LPA 1296/20071. By this application, condensation of delay in filing the appeal has been prayed for. There is a delay of 12 days in filing the appeal. On going through the application, we find that the applicant has been able to make out sufficient cause for condensation of delay. Accordingly the application is allowed and the delay in filing the appeal stands condoned. The appeal is taken on record.The application stands disposed of.LPA No. 1284/2007 & LPA No. 1296/20071. Both these appeals are similar in nature as they relate to the same judgment and order, thereforee we dispose of these appeals by this common order.2. The workmen herein were employed with the India Trade Promotion Organisation (ITPO for short) as muster roll Beldars w.e.f. 1985. In the year 1987 certain regular and casual workers of ITPO went on strike. The striking employees approached the Supreme Court by filing a writ petition. The Supreme Court by judgment dated 26th S...
Swatch Limited Vs. Priya Exhibitors Private Ltd.
Court: Delhi
Decided on: Dec-20-2007
Reported in: 2008(1)CTLJ208(Del); 2008(101)DRJ99
Aruna Suresh, J.1. Plaintiff company Swatch Limited, registered under the laws of Switzerland, has filed the present suit for recovery of money amounting to CHF 97,554.18 (Rs. 3,511,950.48/-) against the defendant. 2. Undisputed facts as pleaded in the plaint are that the plaintiff company entered into a distribution agreement with the defendant for watches manufactured by the plaintiff in the territory of North and East India for a term of 3 years from March 1, 2000 to February 28, 2003. Subsequent to February 28, 2003, plaintiff supplied watches to the defendant amounting to CHF 47,554.18 (approximately Rs. 17,11,950.48/-) during the month of July, 2003 and raised seven invoices dated 10.7.2003, 21.7.2003, 21.7.2003, 28.7.2003, 28.7.2003, 30.7.2003, 30.7.2003 for the said amount. Besides plaintiff has also claimed imprest amount from the defendant amounting to CHF 50,000 and accordingly raised a demand on the defendant for the payment of the said amounts totaling to CHF 97,554.18 vid...
Sujata Kohli Vs. High Court of Delhi Thru. Registrar General
Court: Delhi
Decided on: Dec-20-2007
Reported in: 148(2008)DLT17; 2008(101)DRJ83
ORDER:Hon'ble the Chief Justice and Hon'ble Judges of this Court been pleased to make the following postings/transfers in the Delhi Higher Judicial Service with immediate effect:S.No. NAME OF THE OFFICER FROM TO REMARKS1. Mr. V.P. Vaish Registrar (Vigilance) Delhi High CourtAddl. Sessions Judge, RohiniVice Mr. Yogesh Khanna2. Mr. Yogesh Khanna Addl. Sessions Judge, RohiniAddl. Sessions Judge (NDPS), Tis HazariVice Ms. Sujata Kohli3. Ms. Sujata Kohli Addl. Sessions Judge (NDPS), Tis HazariPresiding officer, Labour Court, KarkardoomaVice Mr. Sanjay Kumar4. Mr. Sanjay Kumar Presiding Officer, Labour Court, KarkardoomaAddl. District Judge (LAC), Tis HazariIn the Court vacated by Ms. Maina, SehgalBy order of the CourtSd/-(AJIT BHARIHOKE)Registrar General2. The petitioner feels aggrieved by her transfer, as aforesaid, as she perceives this transfer by way of punishment. She has dubbed this transfer as unjust, unfair, arbitrary, mala fide and in gross violation of the principles of natural ju...
National Insurance Company Ltd. Vs. Smt. Pushpa Rana and ors.
Court: Delhi
Decided on: Dec-20-2007
Reported in: 2009ACJ287; 2008(101)DRJ645
Kailash Gambhir, J.1. The present appeal preferred under Section 173 of The Motor Vehicles Act, 1988, arises out of an award dated 24th April, 2007 of the Motor Accident Claims Tribunal, whereby the Tribunal awarded a sum of Rs. 13,26,000/- along with interest @ 7% per annum to the appellant from the date of filing of the petition.2. The brief facts are that the deceased Sh. Kailash Singh Rana, aged 26 years while driving his scooter No. DL 9S G 4738 on 30th December 2004 at about 7:30 pm dropped Ms. Ramni Taneja to her residence at A-34, defense Colony, New Delhi and after finishing off his duty he left for his residence situated at Bijwasan, Delhi. At around 8:30 pm, when he was approaching the turning point of the petrol pump opposite to Shiv Murti and was about to take a right turn towards Bijwasan, suddenly a TATA Tempo bearing registration No. HR 47 6169 driven by Sh. Shambhu Kumar Singh hit the scooter badly in a rash and negligent manner from behind due to which he fell on the ...
Radio Today Broadcasting Ltd. and ors. Vs. Ministry of Information and ...
Court: Delhi
Decided on: Dec-20-2007
Reported in: 2007(2)CTLJ505(Del); 146(2008)DLT712; 2008(100)DRJ684
A.K. Sikri, J.1. The petitioner No. 1 company (hereinafter referred to as the 'petitioner') is a wholly owned subsidiary of the petitioner No. 2, which is one of its major shareholders and the other major shareholder being TV Today Network Group. Both the petitioner No. 2 and TV Today Network own the 'India Today' magazine and the twenty four hours news channel 'Aaj Tak' respectively.2. The respondent Union of India, through the Ministry of Information and Broadcasting, had introduced its policy vide Notification dated 13.7.2005 regarding expansion of FM Radio Broadcasting through private agencies. The objective of such policy was to attract private agencies to supplement and complement the efforts of All India Radio by operationalising radio stations that provide programmes with local content and relevance, improve the quality of fidelity in reception and generation, encouraging local talent and generating employment. The process of inviting tenders by way of such a bidding was divide...
indo Arya Central Transport Limited Vs. Container Corporation of India ...
Court: Delhi
Decided on: Dec-20-2007
Reported in: 2008(1)ARBLR229(Delhi); 146(2008)DLT703; 2008(100)DRJ556
Anil Kumar, J.1. The respondent in this application has claimed that the order directing the Managing Director of the respondent corporation to be present, be recalled and his personal appearance be dispensed with. The application seeking exemption from personal appearance of the Managing Director of the respondent is supported by an affidavit of Shri K. Mukhopadhyaya, Chief General Manager, Northern Region. The ground which is taken in the application for exemption is as under:8. That the Managing Director of the respondent is the executive head of the respondent corporation and normally he is very busy from early morning till late in the evening and he has to meet number of officers from different offices situated all over India besides number of outside visitors. It is stated a number of meetings were already fixed for on December 20, 2007 and he has to attend the same and it would be extremely difficult for the Managing Director to be personally present in the Court on December 20,...
Vinod S/O Rameshwar Kumar Vs. the State
Court: Delhi
Decided on: Dec-20-2007
Reported in: 2008(101)DRJ217
G.S. Sistani, J.1. The appellant has filed the present appeal against the judgment dated 04.11.2003 and order dated 06.11.2003 of the Additional Sessions Judge thereby holding the appellant guilty for the offence punishable under Section 302/307 of the Indian Penal Code and sentence of life imprisonment with fine of Rs. 10,000/- and in default of payment of fine to further undergo simple imprisonment for three months.2. The necessary facts of the case are that on 24.10.1999 on receipt of information pertaining to the commission of murder in front of house No. 8/13, Sethi Enclave Uttam Nagar, an information was recorded vide DD No. 12B. On receipt of this information Sub-Inspector Man Mohan Singh along with Ct. Ashok reached the spot of the incident House No. 8/13, Sethi Enclave, Uttam Nagar, New Delhi. 3. Vinod Kumar (hereinafter the appellant) has been convicted for the offence of murder of Dina Nath, stab injuries to Daya Ram and, thus, convicted under Sections 302/307 IPC.4. At the ...
Ahmed Oomerbhoy and anr. Vs. Shri Gautam Tank and ors.
Court: Delhi
Decided on: Dec-20-2007
Reported in: 146(2008)DLT774; LC2008(2)105; 2008(36)PTC193(Del)
Anil Kumar, J.IA No. 4575/2005 and is 4820/20051. This order will dispose of plaintiffs' application under Order 39 Rules 1 & 2 read with Section 151 of Code of Civil Procedure seeking restraint against the defendants from using the mark 'Super Postman' for sale of edible groundnut oils or any other cognate products and the application of the defendant nos. 1 & 2 under Order 39 Rule 4 read with Section 151 of Code of Civil Procedure for vacation of ex-parte interim order dated 30th May, 2005 whereby the defendants were restrained from using the mark 'Super Postman' or any other mark deceptively similar thereto for sale of edible groundnut oils or any other cognate products.2. The suit on behalf of plaintiff No. 1, a partnership firm was filed by a Court receiver appointed by High Court of Judicature at Mumbai by order dated 6.7.2000 in Suit No. 4913/2000 titled Majid A Oomerbhoy v. Rashid S. Oomerbhoy and Ors., who had taken over the possession of partnership business assets which was ...
Oriental Insurance Company Ltd. Vs. Shobha Balram and ors.
Court: Delhi
Decided on: Dec-20-2007
Reported in: 2008(102)DRJ59
Kailash Gambhir, J.1. By way of this present appeal the appellant insurance company seeks to challenge the impugned Award dated 5.3.2007 mainly on the grounds that there was no rash and negligent driving on the part of the driver of the offending vehicle as the deceased, who was driving Maruti car had hit the bus from behind, which resulted in causing fatal injuries to the deceased. Before examining the rival contentions of the parties it would be appropriate to give a brief summary of the facts:On 5.7.1997, deceased Shri K. Balaraman met with an accident at around 5.30 p.m. while he was driving his Maruti car bearing registration No. DL 2 CG 7982 from his office to his residence. The accident was caused by driver, Radhey Shyam, while driving the bus bearing registration No. DL 1P 3462 in a most rash and negligent manner and due to sudden stoppage of the bus without any indication, thereforee, the deceased smashed into the bus. A claim petition was filed on 9.12.1997 before the Motor A...
Mr. Bharat Singh @ Deputy and ors. Vs. State
Court: Delhi
Decided on: Dec-20-2007
Reported in: 2008(101)DRJ34
B.N. Chaturvedi, J.1. These are three criminal appeals arising out of judgment of conviction dated 11th October, 2004 under Section 364-A/120-B IPC and order dated 13th October, 2004 inflicting sentence of imprisonment for life and a fine of Rs. 1500/- on respective appellants and in default of payment of fine to undergo RI for six months.2. The factual content of prosecution case reveals that on 17th April, 2001 at about 8 pm Dipanshu, a five year old child, went missing. Jitender, father and Smt. Sharda, mother of the child searched for him at different places in the vicinity but in vain. Jitender, on failing to trace his child went to Police Post Fountain to inform the police about the incident. Later he also made a phone call to PCR in this regard. A police officer from PCR visited the house of Jitender. On an information from PCR regarding incident a DD entry No. 53 was made at PS Kotwali. A copy of such DD report was sent to SI Rajender Singh of Police Post Fountain for necessary...
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