Delhi Court February 2007 Judgments
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Alkem Laboratories Ltd. Vs. Mega International (P) Ltd.
Court: Delhi
Decided on: Feb-08-2007
Reported in: LC2007(2)97; 2007(34)PTC557(Del)
Sanjay Kishan Kaul, J.1. The plaintiff has filed this suit for permanent injunction, passing off, rendition of accounts and delivery up etc. in respect of the trademark 'GEMCAL' in relation to medicinal preparations.2. The plaintiff is a company incorporated under the Companies Act, 1956 and is stated to be carrying on business inter alias as a manufacturer, seller and dealer of pharmaceutical and medicinal prepartions.3. The plaintiff claims to have adopted the trademark GEMCAL in August 1999. It is stated that the plaintiff applied for registration of the said trademark in Class 5 in respect of medicinal and pharmaceutical preparations and substances on 17.04.2000 and in the month of July 2000, the plaintiff started manufacturing and marketing its products on a commercial scale bearing the said trademark. The plaintiff claims to have spent a huge amount for popularising the product through advertisements by circulation of trade literature including pamphlets, product information broc...
Syndicate Bank Vs. Kishan Lal
Court: Delhi
Decided on: Feb-08-2007
Reported in: 136(2007)DLT534
Shiv Narayan Dhingra, J.1. By this writ petition, the petitioner has challenged the validity of award dated 17th March, 2004 passed by Central Government Industrial Tribunal-cum-Labour Court -II ( in short ' the Tribunal') whereby the Tribunal answered the reference in favor of the respondent directing the petitioner to reinstate the respondent with 25% back wages.2. Briefly facts are that the Manager of the petitioner bank engaged respondent to fetch water as a 'water-boy' since the branch was facing a water scarcity. He was engaged for a limited purpose of brining water and he was not connected with normal business/routine functioning of the branch. He was being paid Rs. 30/- to Rs. 35 per day. His engagement was temporary in the nature. He was being paid daily coolie charges out of the contingency expenditure account of the petitioner, denoting the expenditure 'as misc. and sundry' as distinct from from 'salaries and allowances'. The engagement of the respondent was not against any ...
Sh. Bhopal Vs. Presiding Officer, Labour Court and anr.
Court: Delhi
Decided on: Feb-08-2007
Reported in: 140(2007)DLT36
Hima Kohli, J.1. The present writ petition is directed against the impugned order dated 14th January, 1999 passed by the Labour Court, wherein it was held that the petitioner workman failed to prove that his services have been terminated by the respondent/management illegally and unjustifiably and hence, he was held not entitled to any relief.2. Brief facts relevant for disposing of the present petition are as follows. The petitioner workman joined the employment of the respondent Municipal Corporation of Delhi in its Horticulture Department at Roshanara Garden with effect from May 1985 and was posted at the nursery as a daily rated casual muster roll worker. He was being paid wages as fixed and revised from time to time under the Minimum Wages Act. His services were terminated with effect from 9th April, 1986. He tendered a demand notice on the respondent/management in the year 1992, but no reply was received. After conciliation proceedings failed, matter was referred for adjudication...
Dharam Prakash Vs. Union of India (Uoi) and anr.
Court: Delhi
Decided on: Feb-08-2007
Reported in: AIR2007Delhi155; 2007(1)ARBLR308(Delhi); 138(2007)DLT118; 2007(94)DRJ431
Mukundakam Sharma, C.J.1. By filing this petition, the petitioner has challenged the constitutional validity of the provisions of Section 13(4) and Section 34 of the Arbitration and Conciliation Act, 1996 as being vocative of Articles 14 and 21 of the Constitution of India.2. In the writ petition, the petitioner has incorporated an additional prayer for issuance of a direction to the respondents No.1 and 2 to club the cases of similar nature to be decided by the same Arbitrator preferably by a retired Judge of this Court rather than giving these matters for adjudication to different Arbitrators. The writ petition is contested by both Union of India and Mahanagar Telephone Nigam Limited.3. We have also heard the learned Counsel appearing for the parties on the aforesaid pleas. 4. It is submitted on behalf of the petitioner that there are six different contracts and that the said contracts revolve around similar issues of facts and law and, thereforee, the said issue should have been ref...
Reshma Kumari and ors. Vs. Madan Mohan and anr.
Court: Delhi
Decided on: Feb-08-2007
Reported in: 2007(95)DRJ592
Pradeep Nandrajog, J.1. Madan Mohan Saini aged 33 years received fatal injuries in a road accident on 3.9.87. He died on 8.9.87.2. The dependents of the deceased, his widow, 4 daughters and mother filed a claim petition before the MACT seeking compensation.3. Learned MACT awarded a total compensation of Rs. 3,36,000/- to the dependents of the deceased on account of death of deceased in the said road accident. 4. Aggrieved by the amount of compensation awarded under the award, appellants have filed the present appeal praying for enhancement of compensation.5. Since enhancement of compensation is prayed for and there are no cross objections, I would only be noting the relevant facts pertaining to the compensation assessed to the appellants.6. Vide award dated 13.7.92, loss of dependence worked out to the family is Rs. 1,120/- per month. Multiplier of 25 has been applied noting that the deceased was 33 years of age at the time of the accident and as he was employed in a government service...
Brij Mohan S/O Harbans Lal Vs. Sunil Kumar Gupta S/O K.C. Gupta,
Court: Delhi
Decided on: Feb-08-2007
Reported in: I(2007)ACC751; 2008ACJ142; 138(2007)DLT217; 2007(94)DRJ145
V.B. Gupta, J.1. The Appellant has filed the present appeal against the impugned judgment dated 10th May, 1996, passed by Shri Rakesh Kapoor, Judge, MACT vide which the learned Tribunal awarded a sum of Rs. 1,65,000/- as compensation to the Appellant and also awarded 12% per annum interest on the awarded amount from the date of filing of the petition till realisation.2. By way of present appeal, appellant wants compensation amount to be enhanced to Rs. 3,00,000/- as claimed by him in the petition.3. Brief facts of this case are that on 1st July, 1988, at about 8.40 a.m. the appellant was standing in front of shop No. F-755, M/S. Khurana Provision Store, Ganesh Nagar, Delhi. In the meanwhile, Car No. DEA-5394 came from the side of Patparganj railway crossing being driven rashly, negligently and at a high speed. Respondent No. 1, the driver of the car, instead of driving the car on its correct side, swerved the car towards the extreme right corner of the road and knocked down the appella...
Suraj Prakash S/O Sh. Mam Chand Vs. Kiran Kumar S/O Sh. U.C. Sharma,
Court: Delhi
Decided on: Feb-08-2007
Reported in: II(2007)ACC717; 138(2007)DLT432
V.B. Gupta, J.1. The appellant has filed the present appeal against the judgment dated 2nd July, 1996 passed by Sh.Rakesh Kapoor, Judge, MACT, Delhi vide which learned Tribunal awarded a sum of Rs. 1,45,000/- as compensation to the appellant on account of injuries sustained by him in a road accident.2. On 31st May, 1989 at about 7.45 a.m., appellant was coming towards F- Block, Krishna Nagar, Delhi and was sitting on the pillion seat of two wheeler scooter No. DBZ 4675 which was being driven by his son Rajiv Kumar. When the scooter reached near house No. 7/19, Krishna Nagar, car No. DIA-4117 came from behind at a very fast speed and struck against the scooter. Respondent No. 1 was driving the said car in a rash and negligent manner. As a result of the impact, the bumper of the car struck against the left foot of the appellant which was badly injured and he got compound fracture.3. Appellant was removed to the hospital where he remained admitted as an indoor patient. He was operated upo...
The New India Assurance Company Ltd. Vs. Smt. Bhupinder Kaur and ors.
Court: Delhi
Decided on: Feb-08-2007
Reported in: II(2007)ACC405; 139(2007)DLT494
Pradeep Nandrajog, J.1. Unfortunately for the claimants, victory before the learned Tribunal is but a bubble which has been successfully busted by learned Counsel for the appellant.2. 10.2.1992 was an unfortunate day in the life of late Shri Baldev Singh. 3. The time was around 11.30 pm. Baldev Singh, traveling on a 2 wheeler scooter had reached outer ring road, opposite Jahangir Puri. He was hit by a fast moving object, had to be probably a motor vehicle. He suffered serious injuries. On 12.2.1992, at around 12.25 am, he died at Hindu Rao Hospital, Delhi. 4. Baldev Singh was aged 42 years when he died. He was carrying on business as the sole proprietor of M/s. Nishan Tyre Soles at Karol Bagh. 5. The claim petition was filed by the mother of the deceased Smt. Nand Kaur, widow of the deceased Smt. Bhupinder Kaur and his 6 children. The said petition was dismissed in default on 9.8.1996. Restoration application was dismissed on 12.11.1999. 6. Some of the children were minor when the firs...
Kriti Sisodia Through Her Guardian/Father Shri Anil Kumar Sisodia Vs. ...
Court: Delhi
Decided on: Feb-08-2007
Reported in: AIR2007Delhi179; 138(2007)DLT450
Badar Durrez Ahmed, J.CM No. 1553/2007Allowed subject to all just exceptions.WP (C) 895/2007 & CM. No. 1552/20071. Rule.2. With the consent of the parties, this petition is taken up for disposal. 3. The petitioner (Kriti Sisodia) has filed this petition through her guardian/father Shri Anil Kumar Sisodia seeking admission to the lower KG class of in Mont fort Senior Secondary School (Respondent No. 2) (hereinafter referred to as the Mont fort School). The contention raised on behalf of the petitioner is that the petitioner was denied admission to the school by employing its own criteria of admission and not following the recommendation of the Ganguly Committee. The contention of the learned Counsel for the petitioner is that this would be in clear violation of the directions given by a Division Bench of this Court in LPA 196/2004 which stipulated that, for the academic session 2007-2008, admissions in schools would be governed by the recommendations of the Ganguly Committee. A copy of ...
Sunita Shivdasani Vs. Geeta Gidwani and anr.
Court: Delhi
Decided on: Feb-08-2007
Reported in: AIR2007Delhi242
Sanjiv Khanna, J.1. Mr. K.D. Shivdasani, expired on 10th May, 1991. His wife had predeceased him. Parties to the present appeal are daughters of Late Mr. K.D. Shivdasani. Respondent No. 1, Ms. Geeta Gidwani, has filed a suit for partition and perpetual injunction against the appellant-Ms. Sunita Shivdasani and respondent No. 2-Ms. Pooja Gangaramani in respect of movable and immovable properties left behind by late Mr. K.D. Shivdasani.2. The appellant in her written statement has propounded an oral Will in her favor by late Mr. K.D. Shivadasani and has claimed that Mr. Gopal Deumal Shivdasani, elder brother of Mr. K.D. Shivadasani, has informed her about the said oral Will.3. By the impugned order dated 22nd May, 2006, learned single Judge has held that under the Indian Succession Act, 1925 (hereinafter referred to as the Act for short), there can be Privileged and Unprivileged Wills. Unprivileged Wills must be in writing and should also comply with the requirements of Section 63 of the...
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