Delhi Court September 2011 Judgments
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Sh. Jagdish Prasad Vs. State(Govt of Nct of Delhi)
Court: Delhi
Decided on: Sep-08-2011
1. Instant revision petition is directed against the judgment and order dated 24.01.2005 passed by learned Additional Sessions Judge, Delhi in Crl. A. No.1/2004 titled Jagdish Prasad v. State whereby he maintained the conviction and sentence recorded by learned trial court on the charges under Section 279/304A IPC. 2. Briefly stated, background facts for the purpose of this revision petition are that the revisionist Jagdish Prasad was put to trial on charges under Section 279 and 304A IPC on the allegations that on the night of 24.12.1993 at about 10:35 pm, the revisionist was driving truck No.DNG- 1636 in a manner so rash and negligent so as to endanger human life and public safety and while driving so near Delhi Press Lighting Pvt. Ltd., Anand Parbat, New Rohtak Road, he hit the truck against a TSR No.DL ILA- 3379. As a consequence of said accident, he caused death of Rajesh Kumar and Ibrahim. 3. In order to bring home the guilt of the revisionist, prosecution examined 13 witnesses, ...
Lalit Kumar Arya and anr. Vs. M/S Apsana Global Sugandhy (P) Ltd
Court: Delhi
Decided on: Sep-08-2011
1. Plaintiff No.1 claims to have adopted the trademarks RATNA and RATNA CHHAP, including artistic representations of his father late Sh. Chaurbhuj, plant on palm device and the numeral "300" in the year 1966. Subsequently, he obtained registration of the aforesaid trademark as well copyright in it. Plaintiff No.2 is stated to be the licensee of plaintiff No.1 in respect of the aforesaid trademark and is using it on the containers of Zafrani Patti (flavoured tobacco) and Zarda (chewing tobacco) being sold by it in India as well as abroad. The label device with word RATNA, bust portrait of late Chaturbhuj Ram, plant on palm and numeral "300" was registered vide registration No.293460 in respect of Zarda (chewing tobacco) and quiwam (chewing tobacco in paste form). Later, device with word RATNA portrait of late Chaturbhuj Ram and plant on palm device was registered in respect of Zarda (chewing tobacco) and quiwam (chewing tobacco in paste form vide registration No.296164 on 19th May 1974 ...
Union of India Vs. Hari Shankar
Court: Delhi
Decided on: Sep-08-2011
1. The petitioner, Union of India through the Foreign Secretary, Government of India, has challenged the order dated 23rd December, 2008 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A No.267/2008 titled as „Sh.Hari Shankar v. Union of India & Ors. allowing the original application of the respondent and setting aside the punishment orders dated 28th August, 2007 and 5th November, 2007, of compulsorily retiring the respondent and quashing the same without going into the merits. The Tribunal, thus, remanded the matter back to the petitioner with the liberty to proceed afresh in the matter from the stage of issuing the disagreement note/show cause notice dated 11th July, 2006 and also held that all consequential benefits to the respondent shall be subject to the final order which would be passed by the petitioner. 2. Brief facts to comprehend the disputes are that major penalty proceedings were started against the respondent under Rule 14 of CCS ...
Hindalco Industries Limited Vs. Suman Lata Tuteja and ors.
Court: Delhi
Decided on: Sep-08-2011
1. The Petitioner, Hindalco Industries Limited („HIL) seeks quashing of an order dated 25th November 1999 passed by the Labour Court and an Award dated 22nd March 2000 issued by the Lt. Governor, National Capital Territory of Delhi publishing the Award in ID No. 282 of 1987. By the impugned Award, the Labour Court held that the termination of the Respondent workman was illegal and directed her reinstatement with continuity of service and full back wages. Factual background 2. Respondent No. 1 was appointed as a stenographer in the Petitioner company on 16th July 1974 at New Delhi. Her appointment letter stated that she would be liable to transfer anywhere in India. It is stated that she continued working at the Head Office („HO) at Vandana Building, Tolstoy Marg, New Delhi till 1st July 1978 when she was transferred from the post of stenographer to that of a receptionist-cum- telephone Operator on her request. 3. HIL has a Staff House (SH) at 69, Ring Road, Lajpat Nagar-III...
Logistics India and ors Vs. Mcd
Court: Delhi
Decided on: Sep-08-2011
1. The Petitioners are one of the many Carrying and forwarding agents of M/s Hindustan Lever Ltd. which is marketing ice cream and frozen desserts under the brand name of "Kwality". M/s. Hindustan Lever Ltd. has entered into agreements with various companies owning cold storages for using cold storage services on payment of service charges. As a carrying and forwarding agent, the Petitioners are required to store the products in cold storage. Thus, one such cold storage facility owned and maintained by M/s. Kold Hold Industries Pvt. Ltd. for storage and further distribution of the said product was taken on lease by the Petitioner firm. M/s. Kold Hold Industries Pvt. Ltd. has been issued a license as required under the Delhi Municipal Corporation Act (in short the DMC Act). The Respondent instituted a Criminal Complaint No. 917/08 under Section 416/417/430 DMC Act against the Petitioner for running a cold storage without the license wherein the Petitioners were summoned. Hence the prese...
Jange Ram Gandwal Vs. Chairman and Managing Director Syndicate Bank an ...
Court: Delhi
Decided on: Sep-08-2011
1. The Petitioner who was working as an Assistant Manager in the Syndicate Bank („Bank), the Respondent herein, challenges an Order dated 4th January 1999, passed by the Disciplinary Authority („DA) of the Respondent Bank, dismissing him from service. Factual background 2. The Petitioner was appointed as a clerk in the Bank on 24th October 1978. He was promoted to the cadre of Junior Manager to Scale-I with effect from 3rd June 1985. On 30th January 1997 while he was working as an Assistant Manager in the Old Rajinder Nagar Branch of the Bank in Delhi, he was served with a charge sheet in which there were two articles of charge. The first article of charge was that while functioning as Assistant Manager at the Nangloi Branch during the period 3rd December 1985 to 15th July 1992, the Petitioner unauthorisedly and fraudulently transferred a sum of Rs.500/- from the Savings Bank account No. 25500 of Mr. Vinod Rai, a customer of the branch, to Petitioners own Savings Bank accou...
Om Prakash Vs. State
Court: Delhi
Decided on: Sep-08-2011
1. The appellant has been convicted for the offence of having murdered Hukum Singh, and a perusal of the impugned judgment dated 26.3.1999 would reveal that the learned Trial Judge has believed the eye-witness account deposed to by Prem Prakash PW-1, Nanak Chand PW-2 and Manmohan Singh PW-4. 2. The most graphic testimony is that of Prem Prakash PW-1, and since learned counsel for the appellant has not been able to show any material contradiction in the testimony of the 3 eye-witnesses, either inter-se the witnesses or the witness contradicting himself, and thus the only worthwhile submission advanced is that the act of the appellant would constitute the offence of culpable homicide not amounting to murder, we note the testimony of Prem Prakash who by way of examination-in-chief deposed as under:- "1. On 12.1.1991, at about 9.15 PM, I had gone to the house of my cousin Hukam Singh, 2/37, Geeta Colony. There I came to know that a scuffle had taken place between Omi and Hukam Singh. The s...
Dolly Chandra and anr. Vs. Rameshwar Prasad
Court: Delhi
Decided on: Sep-08-2011
1. This is a revision petition filed under Section 25-B (8) read with Section 115 of CPC by the petitioners-tenants for setting aside the order dated 19.04.2010 of the Additional Rent Controller whereby their application for grant of leave to defend the eviction petition in respect of the first floor portion of premises 7/841-A, Govindpuri, Kalkaji, New Delhi under their tenancy filed against them by their landlord (respondent herein) has been dismissed and eviction order has been passed. 2. The facts that have led to the filing of the present petition are that eviction petition was filed by the respondent seeking eviction of the petitioner no. 2, a proprietorship concern of petitioner no. 1, from the premises under their tenancy comprising of one hall of the size of 40'x16½", and one room of the size of 10'x9', lobby, veranadah, bathroom and latrine on the ground that he required the same bona fide for his two sons, who were dependent upon him, and wanted to start their busines...
M/S Drs Logistics (P) Ltd Vs. Drs Dilip Roadlines (Pvt) Ltd and ors
Court: Delhi
Decided on: Sep-07-2011
1. This suit has been filed by DRS Logistics (P) Ltd through its authorized signatory/Director Shri Ramesh Agarwal. The plaintiff-company is engaged in the business of packaging, moving and providing logistic services and has been using the trade marks AGARWAL PACKERS & MOVERS & DRS Group (Logo). Initially, this business was started in the name of a partnership firm M/s AGARWAL PACKERS & MOVERS, which on formation of the plaintiff- company was merged into it vide agreement dated 15 th April, 1993. The trade mark AGARWAL PACKERS & MOVERS is registered in the name of the plaintiff-company in a number of classes, including class 39 for providing transporters and goods carriers, packers and storage of goods and travelling arrangement services and in class 17 for packaging storage, etc. The plaintiff also holds copyright in the artistic work of AGARWAL PACKERS & MOVERS (LOGO). DRS Group (Logo) is also a registered trademark of the plaintiff in class 39. The plaintiff-com...
Pappu Vs. State of Delhi
Court: Delhi
Decided on: Sep-07-2011
1. The present appeal is directed against the judgment dated 27 th April, 2009 passed by the learned Addl. Sessions Judge, Delhi arising out of FIR No.464/07 u/s 302 IPC Police station Timar Pur wherein appellant has been convicted for the offence punishable u/s 302 IPC. The appeal is also directed against the order of sentence dated 30 th April, 2009 wherein appellant has been sentenced to undergo life imprisonment and to pay a fine of ` 5000/- and in default of payment of fine to undergo simple imprisonment for six months. 2. The case of the prosecution is as under:- On 19th August, 2007, DD No.4A Ex. PW-12/A was recorded at Police Station Timar Pur on receipt of information given by PCR (Police Control Room) that a dead body of a woman was found lying at Timar Pur Gole Chhatri Wala Park, Ram Leela Ground. Thereupon SI Rakesh Kumar PW-12 along with Constable Vinod Kumar reached the spot where Shobha PW-1, daughter of deceased was present who made a statement Ex.PW 1/A alleging therei...
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