Delhi Court August 2009 Judgments
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Reckitt Benckiser (India) Ltd. Vs. Wyeth Limited
Court: Delhi
Decided on: Aug-07-2009
Reported in: 162(2009)DLT298; 2009(41)PTC24(Del)
Badar Durrez Ahmed, J1. These applications, one by the plaintiff for an ad interim injunction under Order 39 Rules 1 and 2 CPC and the other for vacating the ex parte injunction by the defendant under Order 39 Rule 4 CPC, have been filed in respect of the suit which is essentially a suit for infringement of a registered design. In the said suit, the plaintiff has, inter alia, sought the relief of permanent injunction as well as damages.2. As per the plaint, the plaintiff was incorporated on 05.07.1951 under the name and style of Reckitt and Coleman of India Limited. However, pursuant to a worldwide merger between Reckitt and Coleman Plc and Benckiser, a Dutch Company, in 1999, the name of the plaintiff was changed from Reckitt and Coleman India Limited to Reckitt Benckiser (India) Limited. It is averred that the plaintiff is a world leader in cosmetic depilatories. Veet is one such leading cosmetic depilation brand which is sold by the plaintiff in over 50 countries worldwide and regis...
Deepak Kumar Vs. Union of India (Uoi) and anr.
Court: Delhi
Decided on: Aug-07-2009
Reported in: 166(2010)DLT506; 2010(249)ELT486(Del)
ORDERSanjiv Khanna, J.1. The petitioner has cleared the written examination conducted by the Director General of Inspection for being licensed as a Custom House Agent held under the Customs House Agents Licensing Regulations, 2004. The said examination was held on 29th December, 2006 and result was declared in the month of March 2007.2. In terms of the Regulation 8(1), the petitioner is also required to clear the oral examination before the said licence is granted. The Regulation 8(1) also stipulates that written as well as oral examination shall be conducted by the Director General of Inspection at specified centres and specified dates, twice every year and intimation shall be sent to individual in advance. The said Regulation reads:- '8. Examination of the applicant:(1) Any applicant whose application is received within the last date specified in the notice or publication, as the case may be, referred to in Regulation 4 and who satisfied the requirements or Regulations 5 and 6 shall ...
Harbans Lal Vs. Punjab National Bank
Court: Delhi
Decided on: Aug-07-2009
Reported in: 164(2009)DLT241
S. Muralidhar, J. 1. The plaintiff has sued the defendant for a decree in the sum of Rs. 86,08,947 with costs along with decree for interest pendente lite and the future interest. 2. The case of the plaintiff is that the premises at A-28A, Ring Road Market, Rajouri Garden, New Delhi consisting of basement, ground floor, first floor, mezzanine floor, and second floor with total built up area of 5017.3 sq. ft. (hereafter suit premises.) was given on lease to the erstwhile New Bank of India (NBI) for their Rajouri Garden Branch by the partnership firm of M/s Plywood Palace of which the plaintiff Harbans Lal was a partner. The lease deed was dated 1st July 1983. The rent was fixed at Rs. 24,503.17p. per month. The initial lease period of five years came to an end on 30th June 1988. A term of the lease was that if any loan was availed of by the firm, NBI would be entitled to appropriate the monthly rent towards the adjustment of the loan amount. It appears that on 7th December 1982 M/s. Ply...
Aviral Mittal Vs. the State and anr.
Court: Delhi
Decided on: Aug-07-2009
Reported in: 163(2009)DLT627
Sanjay Kishan Kaul, J.1. The petitioner was married to respondent No. 2 on 04.11.2003. The parties set up their matrimonial home in U.K. as the petitioner was already working there since November, 2000. A child was born out of the said wedlock Ms.Elina who is now three and a half years old. Respondent No. 2 also started working in U.K. The petitioner and respondent No. 2 acquired the status of permanent residents of U.K. in the year 2004 prior to the birth of the child on 20.02.2006. The child acquired British passport though the parents continued to hold Indian passports.2. The pleadings in the present petition show that there were some problems in the marriage.3. The allegation of the petitioner/husband is that respondent No. 2/wife failed to take care of the child and was also not able to attend to her work properly while on the other hand respondent No. 2 alleges that it is the petitioner who was least helpful and, in fact, needed psychiatric attention. It is, however, not necessar...
A.S. Sachdeva and Sons (P) Ltd. Vs. Delhi Development Authority and an ...
Court: Delhi
Decided on: Aug-07-2009
Reported in: 164(2009)DLT162
S. Muralidhar, J.1. This is a suit for recovery of Rs. 32,53,458/- along with pendente lite and future interest at 12 % per annum in favour of the plaintiff together with costs.2. Defendant No. 2, the Executive Engineer of Delhi Development Authority (DDA), invited tenders for the construction of 59 Category-III, and 118 Category-II SFS Houses, 148 MIG flats, 36 shops and a community hall including stilted parking space and internal development (Nagin Lake Apartment) near Village Peera Garhi, Pashim Vihar. The tender of the plaintiff was accepted and the work was awarded to it by the Defendant No. 1 DDA. The date of the completion as per the agreement was 1st December 1997. The maintenance warranty period was to expire on the completion of six months thereafter, i.e., on 30th May 1998. According to the plaintiff it completed the entire work to the satisfaction of the defendants DDA on 1st December 1997 and a completion certificate was also issued by the DDA. The final bill was prepared...
VipIn Malik (Huf) Vs. C.i.T.
Court: Delhi
Decided on: Aug-07-2009
Reported in: (2009)227CTR(Del)66; [2009]183TAXMAN296(Delhi)
Valmiki J. Mehta, J.1. The appellant/assessee, which is a HUF, sold its agricultural land for Rs. 14,28,400/- in September, 1995 giving rise to a long term capital gain of Rs. 9,67,412/-. The assessee claimed that the capital gain be not charged as it was entitled to the benefit of Section 54-F of the Income Tax Act, 1961. The assessee claimed to have purchased a three bed room flat in Kanungo Cooperative Group Housing Society and, therefore, claimed the entitlement for the benefit of Section 54-F of the Act. All the three authorities below namely, the Assessing Officer (A.O), The Commissioner Of Income Tax (Appeals) (CIT)(A) and Income Tax Appellate Tribunal (I.T.A.T) have declined the benefit of Section 54-F to the Assessee.2. The relevant portion of Section 54-F reads as under:54F. (1) [Subject to the provisions of Sub-section (4), where, in the case of an assessee being an individual or a Hindu undivided family], the capital gain arises from the transfer of any long-term capital as...
S.N.F. Alloys Pvt. Ltd. Vs. the National Small Industries Corporation ...
Court: Delhi
Decided on: Aug-07-2009
Reported in: 162(2009)DLT77
S. Ravindra Bhat, J.1. This order will dispose of an application under Order VII Rule 11, Code of Civil Procedure (CPC) filed by the defendant (hereafter 'NSIC').2. The brief facts, necessary for deciding this application are that the plaintiff filed this suit, for rendition of accounts against NSIC; it also seeks permanent injunction restraining NSIC from recovering of any amount, alleged to be due from it (i.e. the plaintiff). The plaintiff had, in 1993, established a manufacturing unit Greater NOIDA. It manufactured aluminium alloy, using aluminium wire rods and scrap as raw material. The plaintiff claims that the State Bank of India was its banker during 1996, and subsequently, the Punjab and Sind Bank. It approached NSIC, for raw material assistance, to purchase ingots and wire rods for its manufacturing activities, from the National Aluminium Co Ltd. (NALCO). The plaintiff has outlined the terms of such financial assistance, in Para 7 and 8 of the suit; it urges that NSIC require...
Central Board of Secondary Education Vs. Municipal Corporation of Delh ...
Court: Delhi
Decided on: Aug-06-2009
Reported in: 163(2009)DLT781
Badar Durrez Ahmed, J.1. This writ petition is directed against the assessment order dated 18.03.1994 passed by the Deputy Assessor & Collector (GRP) of the MCD. The petitioner is the Central Board of Secondary Education, which is under the control of the Central Government through the Ministry of Human Resource Development. The plea taken by the petitioner is that it is an educational institution and, therefore, it would fall within the meaning of 'charitable purpose' as appearing in Section 115(iv) of the DMC Act, 1957 (hereinafter referred to as the 'said Act'). Consequently, it is the petitioner's case that it would be entitled to exemption from general tax.2. The learned Counsel for the petitioner pointed out that the plea of exemption was specifically taken when a notice had been received by it. He referred to various representations dated 16.12.1993, 20.12.1993, 22.02.1994 and 28.02.1994. In all these representations, the specific plea of exemption was taken. He submitted that w...
State Vs. Mukesh
Court: Delhi
Decided on: Aug-06-2009
Reported in: 162(2009)DLT733
Mool Chand Garg, J.1. By this petition the Government of NCT of Delhi has assailed the order passed by the Metropolitan Magistrate Delhi dated 29.6.2002, whereby following observations were made and directions were given to the Commissioner of Police, Delhi as well as the Director of Prosecution to review their procedure for checking and scrutiny of the charge-sheet before a report under Section 173 Cr.P.C is filed in the Court after completing the investigation:A. In the scheme of law as provided under Cr.P.C. at no stage the prosecution is authorized or required to scrutinize the material before the same is put before the Court.B. The formation of the final opinion is within the sphere of incharge of Police Station and the same has been abdicated to another agency, i.e., prosecution Department which is not within the scheme of code.C. The present scheme is in violation of the law laid down in the case of Rishbud and R. Sarla.D. It is not in the scheme of the code for supporting or sp...
Mohd. Ayyub and anr. Vs. Satish Kumar Gupta and ors.
Court: Delhi
Decided on: Aug-06-2009
Reported in: 2009ACJ420
J.R. Midha, J.1. The appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 1,80,000 has been awarded to the appellants. The appellants seek enhancement of the award amount.2. The accident dated 22.11.2006 resulted in the death of Amir Khan. The deceased was survived by his parents who filed the claim petition before the learned Tribunal.3. The deceased was aged 7 years at the time of accident and was studying in IV Standard. Deceased was going with his father from his residence to the market at Lal Bazar, Khanpur Mor, Loni, Ghaziabad when minibus bearing No. DL 1V-A 2309 came from front side and hit the deceased resulting in the death of the deceased. The learned Tribunal awarded Rs. 1,80,000 to the appellants.4. Learned Counsel for the appellants refers and relies upon the judgment ofthis Court in the case of National Insurance Co. Ltd. v. Farzana : 2009 ACJ 2763 (Delhi), in which compensation of Rs. 3,75,000 has been determined in respect of the death...
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