Delhi Court February 2011 Judgments
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Sarabjit Singh Anand and ors Vs. Bharat Petroleum Corporation Ltd.
Court: Delhi
Decided on: Feb-08-2011
1. Whether reporters of the local newspapers be allowed to see the judgment? No2. To be referred to the Reporter or not? No3. Whether the judgment should be reported in the Digest? No 1. This is the second round of litigation concerning the petrol pump dealership which was originally granted in the name of the partnership firm in the name and style of M/s S.K.S. Gurmukh Singh at Lothian Road, Kashmere Gate, Delhi.2. The Petitioner states that in 1939 late Sardar Kahan Singh Anand was granted a dealership by M/s Burmah Shell, i.e., the predecessor-in- interest of Respondent Bharat Petroleum Corporation Ltd. (`BPCL). Upon the death of Sardar Kahan Singh, his sons became the partners and a fresh dealership agreement was entered into in 1953. After BPCL took over Burmah Shell, an agreement of dealership was entered into on 11th November 1974 with effect from 1st January 1970. 3. Clause 10(s) of the Agreement dated 11th November 1974 reads as under:"10. The Licensees hereby covenant and agr...
Asiad Village Society Vs. Union of India and ors
Court: Delhi
Decided on: Feb-08-2011
1. Whether the Reporters of local papers may be allowed to see the judgment? yes2. To be referred to the Reporter or not? yes3. Whether the judgment should be reported in Digest? yes 1. The petitioner is a society registered under Regulation 41 of the Delhi Development Authority (Management & Disposal of Housing Estates) Regulations, 1968 framed by Delhi Development Authority in exercise of its power under Section 57 of the Delhi Development Act, 1957. The members of the society are various residents and allottees of the dwelling units at Asian Village complex. The case of the petitioner is that Asiad Village was originally conceived and constructed by DDA as Housing Complex. In the year 1983, after the Asian Games were over the residential units in the complex were offered to Non-Resident Indians. However, as the response to the offer to NRIs was very poor, the remaining dwelling units were offered to the Public Sector Corporations and Companies. On again finding inadequate response, ...
Anita Vs. State (Nct) Delhi
Court: Delhi
Decided on: Feb-08-2011
1. Whether reporters of local papers may be allowed to see the judgment?2. To be referred to the reporter or not?3. Whether judgment should be reported in Digest?1. This application for bail has been made by accused who is being tried under Section 302/34/341/427/149 IPC.2. Brief facts leading to accusation of the applicant, as given in the FIR, are that her neighbour Atul Sharma alleged that on 19th December, 2009, at about 9.30 am he was going from his home along with his younger brother Sachin Sharma on his motorcycle carrying a gas cylinder and when they reached in front of the house of Hari Dutt @ Hari Om Sharma, a brick fell from above on him from the roof of his house. The brick did not hit him and it struck the fuel tank of his motorcycle. He saw upside and found Ram Niwas and his wife Saroj Sharma saying "you got saved, but, your motorcycle has been damaged". On hearing this Atul Sharma got scared and ran away from there. His aunt (bua) Maya Devi who used to live at C-1/713, H...
Kuldeep Saini Vs. Uoi and ors.
Court: Delhi
Decided on: Feb-08-2011
1. Whether the Reporters of local papers may be allowed to see the judgment?2. To be referred to Reporter or not?3. Whether the judgment should be reported in the Digest1. Border Security Force (herein after referred to as "BSF") is a border patrol agency of India. Established on December 1, 1965, BSF is a Para-Military Force of India and its primary role is to guard international borders of India during peacetime and also prevent transitional crime. There are various cadres in BSF, two of which are General Duty cadre and Law Officers cadre, commonly known as Law Branch.2. The hierarchical structure of General Duty cadre is as follows: - Director General Special Director General Additional Director General Inspector General Deputy Inspector General Commandant 2I/C Deputy Commandant Assistant Commandant.3. The hierarchical structure of Law Branch is as follows: - Chief Law Officer Law Officer Grade I Law Officer Grade II.4. On 26.12.1977 the Ministry of Home Affairs, Government of India...
Johnson Enterprises Vs. Johnson Appliances Pvt. Ltd. and ors.
Court: Delhi
Decided on: Feb-08-2011
1. Whether the Reporters of local papers may be allowed to see the judgment?2. To be referred to Reporter or not?3. Whether the judgment should be reported in the Digest?1. The above captioned appeal is preferred against the judgment and order dated 25.03.2010, whereby the learned Single Judge has allowed IA No. 5352/2008 under Order XXXIX Rule 1 and 2 CPC filed by the respondent No.1 against the appellant and has confirmed the ad-interim injunction restraining the appellant and respondents Nos.2 to 5 or any person acting under their authority from using the trademark JOHNSON in relation to electric water geysers (excluding the instant type geysers), directly or indirectly, in any manner whatsoever.2. The backdrop facts leading to filing of the present appeal are that the respondent No.1 filed a suit inter-alia praying for a decree of permanent injunction restraining the appellant and respondents Nos.2 to 5 or any person acting under their authority from using the trademark JOHNSON in ...
M/S Dwarikadhish Spinners Limited Vs. Uco Bank and ors.
Court: Delhi
Decided on: Feb-08-2011
1. Whether Reporters of local papers may be allowed to see the judgment Yes2. To be referred to the Reporter or not Yes3. Whether the judgment should be reported in Digest Yes (ORAL)1. This writ petition is directed against the order passed by the Appellate Authority for Industrial & Financial Reconstruction (AAIFR) dated 16.09.2009 whereby the petitioners appeal under Section 25 of the Sick Industrial Companies (Special Provision) Act, 1985 (hereinafter referred to as SICA) was dismissed. The said appeal before the AAIFR was in turn directed against the order dated 04.09.2006 passed by the Board for Industrial and Financial Reconstruction (BIFR) whereby the reference made by the Board of the petitioner company under Section 15 of SICA was rejected as non maintainable on the grounds that the company (petitioner) did not approach the BIFR with clean hands and had failed to avail the opportunities given by the Board to present its case.2. Mr Amit Sibal, the learned counsel appearing on b...
Nippon Steel Corporation Vs. Union of India
Court: Delhi
Decided on: Feb-08-2011
1. Whether Reporters of local papers may be allowed to see the judgment? No2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported in Digest? Yes ORDERC.M. APPL No. 1695/2011Exemption allowed subject to all just exceptions.The application is disposed of.WP (Civil) No. 801/2011 & CM APPL No. 1694/20111. An interesting question of law involving the interpretation of Section 11-B (1) and (4) of the Patents Act, 1970 (Act) and Rule 24 B of the Patents Rules 2003 (Rules) arises in this writ petition.2. With the consent of Mr. Sudhir Chandra, learned Senior counsel appearing for the Petitioner and Mr. Sunil Kumar, learned counsel appearing on advance notice for the Respondent, this petition has been heard finally.3. The Petitioner is a Corporation organized under the laws of Japan. It is stated that the Petitioner has the worlds top class technology in the field of medium-high grade steel where high workability, rust prevention performance and weld strength ar...
M/S O.P. Agency Vs. Ram Avtar Singh and ors.
Court: Delhi
Decided on: Feb-08-2011
1. Whether reporters of Local papers may be allowed to see the judgment? No2. To be referred to the reporter or not? No3. Whether the judgment should be reported No in the Digest?1. The application of the respondent No.1 workman under Section 17B of the Industrial Disputes Act, 1947 is for consideration.2. The petitioner employer by this writ petition impugns the award dated 17th March, 2005 of the Labour Court directing reinstatement of the respondent No.1 workman with full back wages from the date of the termination and with continuity of service. Notice of the petition was issued and subject to the petitioner employer depositing full awarded amount, the operation of the award stayed. The award amount is stated to have been deposited. The respondent No.1 workman appeared before this Court first on 3rd April, 2007 and several opportunities were granted for filing counter affidavit. Advance copy of the application under Section 17B of the I.D. Act though served on the counsel for the p...
R.R.Sahay and anr. Vs. Union of India and ors.
Court: Delhi
Decided on: Feb-07-2011
1. Whether the Reporters of local papers may be allowed to see the judgment?2. To be referred to Reporter or not?3. Whether the judgment should be reported in the Digest? 1. Though with completely different factual background, the two writ petitions are being decided by a common judgment for the reason the issue of law which arises for consideration in the two writ petitions is the same.2. Facts pertaining to the case of Sh.R.R.Sahay are that having joined service under Central Industrial Security Force (CISF) he earned promotions and rose to the rank of Deputy Inspector General and as of the year 2010 not only became eligible to be considered for promotion to the next higher post i.e. the post of Inspector General but even came within the zone of consideration for the two vacancies which were anticipated to fall due in the year 2010.3. Completing the procedural formalities and noting that no vigilance inquiry was pending against him, name of Sh.R.R.Sahay was considered at a Department...
Pawan Dabas Vs. State Govt. of Nct of Delhi and ors.
Court: Delhi
Decided on: Feb-07-2011
1. Whether reporters of local papers may be allowed to see the judgment?2. To be referred to the reporter or not?3. Whether judgment should be reported in Digest?1. By present petition under Section 482 Cr. P.C. the petitioner has made a prayer for transfer of investigation of the matter in question to Anti Homicide Cell, Crime Branch of Delhi Police and for registration of an FIR in respect of death of Poojan Dabas (deceased) under Section 302/120-B/201/34 IPC making two of the friends of the deceased as accused.2. On 4th July, 2010 at about 11.00 pm in the night Poojan Dabas and his two friends namely Naveen and Bhupinder had gone to wine shop near Tikri Boarder. After consuming beer there they all proceeded on motorcycle. On 5th July, 2010 at 00.45 hours in the night, Poojan Dabas was run over by a goods train at Nizampur Phatak. Information about the accident was received at Railway Police Post - Kishan Ganj of Police Station - Sarai Rohilla through Mr. Jitender Kumar, Assistant St...
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