Court : Delhi
..... be noticed that the supreme court made it clear that for the right to accrue, there is no necessity that legal proceedings must be pending when the new act comes into force. this exactly covers the situation as obtaining in the second category of cases, where the arbitral proceedings were commenced prior to 23.10.2015 and the award ..... ) 251 dlt101(db). in eros resorts (supra), the court was concerned with a case where the appeal had been instituted prior to the date when the commercial courts act was brought into force. following the judgment of the supreme court in videocon international ltd. vs. sebi (2015) 4 scc33and of this court in ardee infrastructures vs. anuradha bhatia (2017) ..... appeal. it is submitted by the respondent and is not disputed, by the appellant that the suit was instituted on 17.08.2012, prior to coming into force of the commercial courts act, 2015.3. learned counsel for the respondent submits that by an order passed by fao (os) (comm) 82/2019 page 1 of 26 the single .....
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..... outlined in sections 3 and 4.140. it was submitted, in the same vein that given the nature of adjudicatory functions for which the act was conceived and brought into force, unlike other regulators, the cci does not decide and apply pre-existing norms that dictate behaviour of an enterprise but rather adjudicates through regulation. ..... the courts cannot, as pointed out by the united states supreme court in secretary of agriculture v. central roig refining company [94 l ed 3 338 us604(1950)]. be converted into tribunals for relief from such crudities and inequities. there may even be possibilities of abuse, but that too cannot of itself be a ground ..... is the director general of civil aviation, ex-officio. furthermore, per section 3 (5), the members and chairperson shall be chosen amongst those having special knowledge in air transport or any other transport services, financial, commercial fields or administration. every whole time member has a tenure of 5 years; part time members have a tenure .....
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..... . the relevant extract of the said decision is reproduced as under: general principles relating to compensation in injury case 5. the provision of the motor vehicles act, 1988 ('act' for short) makes it clear that the award must be just, which means that compensation should, to the extent possible, fully and adequately restore the ..... are at the outset unknown to the plaintiff and are or ought to be within the knowledge of the defendant. [barkway v. south wals transport co. ltd., (1950) 1 all e.r. 392, 394]. (21) 26. the contention that the petitioner ought to be relegated to institute a suit for seeking compensation, is unpersuasive. ..... of display of advertisement and therefore, permission of the commissioner of the concerned municipal corporation was required in terms of section 143 of the delhi municipal corporation act, 1957.17. however, this court is of the view that notwithstanding the aforesaid controversy the petitioner would, nonetheless, be entitled to compensation as there is .....
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..... two parts disjunctive. in union of india vs. rabinder singh, (2012) 12 scc787 while construing similarly placed clause appearing in section 42(f) of the army act, 1950, it was observed thus:-" 25. we accept the submission of shri tripathi that the two parts of section 52(f) are disjunctive, which can also be seen ..... already been carefully considered by the constitution bench in maqbool hussain v. state of bombay, air1953sc325 and we cannot do better than extract the relevant portions therefrom: (air pp. 328-29, paras 7 & 11-12) jeopardy only crl.m.c. 4363/2018 etc. page 20 of 24 7. the fundamental right which is ..... of india ( the commission , for short), a statutory body established by the central government in exercise of its power under section 7 of the competition act, 2002 ( the competition act , for short), the respondent herein, has instituted, through its authorized representative, criminal complaints against the petitioners on which the chief metropolitan magistrate (cmm) delhi .....
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..... two parts disjunctive. in union of india vs. rabinder singh, (2012) 12 scc787 while construing similarly placed clause appearing in section 42(f) of the army act, 1950, it was observed thus:-" 25. we accept the submission of shri tripathi that the two parts of section 52(f) are disjunctive, which can also be seen ..... already been carefully considered by the constitution bench in maqbool hussain v. state of bombay, air1953sc325 and we cannot do better than extract the relevant portions therefrom: (air pp. 328-29, paras 7 & 11-12) jeopardy only crl.m.c. 4363/2018 etc. page 20 of 24 7. the fundamental right which is ..... of india ( the commission , for short), a statutory body established by the central government in exercise of its power under section 7 of the competition act, 2002 ( the competition act , for short), the respondent herein, has instituted, through its authorized representative, criminal complaints against the petitioners on which the chief metropolitan magistrate (cmm) delhi .....
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..... two parts disjunctive. in union of india vs. rabinder singh, (2012) 12 scc787 while construing similarly placed clause appearing in section 42(f) of the army act, 1950, it was observed thus:-" 25. we accept the submission of shri tripathi that the two parts of section 52(f) are disjunctive, which can also be seen ..... already been carefully considered by the constitution bench in maqbool hussain v. state of bombay, air1953sc325 and we cannot do better than extract the relevant portions therefrom: (air pp. 328-29, paras 7 & 11-12) jeopardy only crl.m.c. 4363/2018 etc. page 20 of 24 7. the fundamental right which is ..... of india ( the commission , for short), a statutory body established by the central government in exercise of its power under section 7 of the competition act, 2002 ( the competition act , for short), the respondent herein, has instituted, through its authorized representative, criminal complaints against the petitioners on which the chief metropolitan magistrate (cmm) delhi .....
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..... . kishori lal labhu rant, the omission of a close relation from the bounty of a testator raises a presumption in favour of some undue influence. the probative force of such a testament rises and falls in inverse ratio to its unreasonableness.11. the more unreasonable an instrument is, the less probative value it carries. where ..... on the ground that this court does not have pecuniary jurisdiction to hear cases with valuation of less than rs.2 crores. under section 300 of the succession act, the high court and district court have concurrent jurisdiction in probate matters. however, despite clear position of law, counsel for the objector raised this objection in ..... by her son, dr. gagan singla and hansraj as the attesting witnesses. she further deposed that she filed an application under section 372 of the indian succession act before the learned civil judge (senior divison), kaithal, haryana for grant of succession certificate on the basis of the will dated 07th december, 1994 for which the .....
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..... the court is competent to pass summary judgment.22. i may yet further add that order xv of the cpc, as existed prior to the coming into force of the commercial courts act, remains unaltered. rule 1 thereof requires the court, where it appears at the first hearing of the suit, that the parties are not at issue on ..... iso certification with respect to the subject mark. it has been held in n.r. dongre vs. whirlpool corporation 1996 (5) scc714 revlon inc. vs. sarita manufacturing co. air cs(comm) no.480/2016 page 23 of 31 1998 del 38, n.r. dongre vs. whirlpool corporation air1995del 300, indian shaving products ltd. vs. gift pack 1998 (18 ..... the mark written in a stylized manner; (xvi) the soles of the shoes of the plaintiffs are exclusive to the plaintiffs, being an original design registered under the designs act, 2000; (xvii) the defendants are manufacturing cheap quality safety shoes employing the plaintiffs trade mark (label) packed in an identical packaging like in which the plaintiffs own .....
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..... commission of carnal intercourse against the order of nature whereas, the penetrative sexual assault described under section 3(a) of the protection of children from sexual offences act, 2012 referred to hereinabove only describes the modes through which such penetrative sexual assault can be made i.e. by penetrating his penis to any extent into ..... commission of the offence punishable under section 377 of the indian penal code, 1860 with the alternative charge being under the protection of children from sexual offences act, 2012 punishable under section 6 thereof, the learned trial court vide the impugned judgment has rightly convicted the accused i.e. the appellant herein for ..... in the instant case in relation to the commission of the offence punishable under the indian penal code, 1860 and the protection of children from sexual offences act, 2012, been established. it has been submitted on behalf of the appellant that there is no medical evidence to substantiate the plea that the appellant .....
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..... survival rights. it also enjoins the state to not adopt measures that would deprive them of such basic rights. 35the preamble to the constitution of india, 1950 speaks of the people of india having solemnly resolved to constitute india into a sovereign socialist secular democratic republic securing to all its citizens inter alia justice, ..... batis/clusters on its land will not be covered under the 2015 policy framed under section 11 of the dusib act, the basic procedural protections and acknowledgment of the rights to adequate housing and against forced evictions therein, consistent with the legal requirements as spelt out in sudama singh would nevertheless continue to govern the ..... had to its condition in respect of the following matters, that is to say (a) repair; (b) stability; (c) freedom from damp; (d) natural light and air; (e) water supply; (f) drainage and sanitary conveniences; (g) facilities for storage, preparation and cooking of food and for the disposal of waste water; and the .....
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