Court : Delhi
Reported in : AIR1970Delhi240; 6(1970)DLT350
..... he was convicted only under section 337 of the indian penal code on 28-2-1967 but was given the benefit of the provisions of section 4 of the probation of offenders act, 1958 (hereinafter referred as 'the act'). ..... in the first instance he submits that having been given the benefit of the provisions of section 4 of the act, the disqualification attaching to his conviction could not be made the basis of his dismissal. ..... we are of the view that the words 'disqualification, if any, attaching to a conviction of an offence' as used in section 12 of the act would include a person's losing his right or qualification to remain or to be retained in service. ..... the controversy centres around the interpretation of the provisions of section 12 of the act which provides a statutory protection to the convict against his suffering any disqualification attached to his conviction . ..... the only contention which remains to be dealt with is that the petitioner having been reinstated after the conviction the same could not become available to the respondents for dismissing him subsequently. ..... even if an executive order were to be passed it would still be incumbent upon the competent authority to act in accordance with the principles of natural justice. ..... the order of dismissal does not show that the consequences of the release of the petitioner on probation under section 4 of the act were considered by the dismissing authority, i.e. .....
Tag this Judgment!Court : Delhi
Reported in : 2001IIAD(Delhi)358; 89(2001)DLT780; 2001(58)DRJ184; 2001(2)RLR114
..... , '22' and obtained its registration under the provisions of the trade & merchandise act, 1958 from the trade marks registry, mumbai and the registration of which has been renewed from time to time and is still valid. ..... been using the trade mark/label consisting of numerals '22' for their aforesaid products of 'bidis', smoking tobacco and the said trademark '22' is duly registered in their favor under the provisions of the trade merchandise marks act, 1958 as per the statement/particulars below:'trade mark reg.no. ..... moreover it is the defendant's contention that the right for trademark registration extends only to those items for which the mark is registered as is apparent from the definition of section 28(1) of the trademark & merchandise act which reads as follows:-'28. ..... -(1) subject to the other provisions of this act, the registration of a trade mark in part a or part b of the register shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this act. ..... that the jurisdiction of this court is further attracted under section 62(2) of the indian copyright act, 1957.4. .....
Tag this Judgment!Court : Delhi
Reported in : 158(2009)DLT49
..... the appellant being a tenant in part of the premises clearly had an advantage of being a protected tenant under the delhi rent control act, 1958. ..... the fact remains that even these payments were never made.10. ..... the remaining three issues were dealt with together. .....
Tag this Judgment!Court : Delhi
Reported in : 2005(30)PTC113(Del)
..... saucer;(j) that the basic features of the two marks have deceptive similarities or likely to cause confusion among the unwary consumers/customers and the trade;(k) that the defendant cannot be said to have acted honestly in the absence of a plausible explanationn;(l)that it is a reasonable inference that the sole object of the defendants is either actually misleading the public or taking undue advantage of the good- ..... of the plaintiff under section 135(2) of the trade marks act, 1999 (in short ''the act'') and order 39 rule 1 and 2 read with section 151 cpc seeking an ad interim injunction against the defendant in a suit filed by the plaintiff under section 27(2) of the act read with section 134(1) and 135 of the act and sections 51 and 55 of the copyright act, 1957 for permanent injunction restraining infringement of copyright, passing ff ..... in the opinion of this court, the judgment rendered by the division bench of this court cannot be relied and acted upon by this court as laying down a principle of law because the same has not yet attained finality and the appellant before the ..... distinguishing the goods of the appellant as a particular trader from those of others, and was also hit by the provisions of section 9 of the trade and merchandise marks act, 1958.21. ..... establish the requisite grounds of deceit by the use of similar name, though it may be a relevant consideration when an application for registration is made under section 9 of the trade and merchandise marks act, 1958. .....
Tag this Judgment!Court : Delhi
Reported in : 13(1977)DLT315
..... engineering and electronics company's case air 1972 bom 157 , in paragraph 6, in the following words :- 'thedistinction between sections 11(a) and 12(1) of the act, thereforee, is (1) whereas, under section 11, actual user must be taken into account including the mode of user or the fact that the goods are known in the market by a particular name for the purpose of ..... the 19th october 1976 were right in cancelling the registration of the appellant's trade mark 'telerad' on the ground that the said registration had been made in contravention of section 11(a) of the trade and merchandise marks act, 1958 (hereinafter called the act). ..... of this great probability of deceit or confusion being caused within the meaning of section 11(a) of the act, the trade mark 'telerad' ought not to have been registered in, favor of the appellant. ..... it is difficult to remove the impression from the mind of the aluthorities acting under the trade and merchandise marks act as also from the mind of the court that the appellant deliberately copied the trade mark of the respondent to obtain illegitimate advantage of the reputation of the respondent attaching to the said ..... however, on 16-11-1964 the application was made by the respondent under section 56(1) of the act for the rectification of the register of trade marks by the cancellation of the trade mark registered in favor of ..... reason is that there is a real tangible danger of confusion if the trade mark of the appellant is continued to remain on the register. .....
Tag this Judgment!Court : Delhi
Reported in : 6(1970)DLT507
..... (1) the problem passed in this second appeal is as to the interpretation of proviso (e) of sub-section (1) of section 14 of the delhi rent control act, 1958 and finding out whether the claim for eviction made by the appellants was covered by the said proviso. ..... (2) the appellants, three brothers, filed an application under section 14 of the delhi rent control act, 1958 (hereinafter called the act) seeking eviction of the respondent from the premises under his tenancy comprising of two rooms, a w. c. ..... (10) the next question for consideration is whether members of the family of gobind dass were dependant upon him within the meanof proviso (e) to section 14(1) of the act and so has to be construed in accordance with the facts and circumstances of each case. ..... the word 'family' has not been defined in the act and we feel advisedly so. ..... held that in a given set up of social structure even nephws could be regarded as members of a landlord's family within the meaning of section 9(l)(e) 'ofthedelhi and ajmer-merwara rent control act, 1947. .....
Tag this Judgment!Court : Delhi
Reported in : 12(1976)DLT34
..... in order to justify reversing the trial judge on the question of the amount of damages it will generally be necessary that this court should be convinced either that the judge acted upon some wrong principle of law, or that the amount awarded was so extremely high or so very small as to make it, in the judgment of this court, an entirely erroneous estimate of the damage to which the plaintiff is ..... on may 6, 1960, the landlord brought an ejectment application against the tenant on the ground specified in clause (g) of the proviso to section 14(1) of the delhi rent control act, 1958 (the act). ..... that in view of the provisions of section 346 of the municipal corporation act an order for possession cannot be made in favor of the tenant.3. ..... a lot more remains to be done. ..... only partilion walls remain to be erected. ..... 2.that section 346 of the delhi municipal corporation act prohibited the occupation of an incomplete building by a tenant ..... under section 39(2) of the rent act an appeal lies to this court on ..... the tribunal said: 'bythe act of the landlord in not completing the construction within reasonable time the tenant has been deprived of the tenancy rights of these two shops and, thereforee, he was entitled to the value of those ..... (31) it is true that the act does not lay down the principles on which compensation is to be awarded to a tenant in such like ..... in this case the damages are whatever loss results to the injured tenant as a natural consequence of the wrongful act of the landlord. .....
Tag this Judgment!Court : Delhi
Reported in : 15(1979)DLT46
..... the landlord brought on 21st may, 1977 an application under section 14(1)(e) of the delhi rent control act' 1958 (thereinafter referred as the 'act') for eviction of dr. ..... 25-b(8) of the delhi rent control act, 1958 is directed against the order of shri j.d. ..... 110 of the transfer property act, 1882, the date on which the tenancy commenced had to be excluded, when the notice terminating the tenancy with effect from the midnight of may be valid 1-5-77 but this questions again had to be investigated and determined at ..... 106 of the transfer of property act, 1882 the notice of termination of tenancy had to be at least fifteen days expiring with the end of a month of the tenancy. ..... section 25-b(5) of the act provides that the controller shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such fact as would disentitle the landlord from obtaining an order for the recovery of ..... 14 of the act, the tenancy of a tenant has to be terminated in accordance with law. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1980Delhi7; 16(1979)DLT124; 1979RLR547
..... (1) this second appeal under the delhi rent control act, 1958 raises an intricate question as to the validity of a notice to quit. ..... justice woodroffe said : 'then assuming that this case is governed by the transfer of property act i should like to notice the argument that because an annual rent was mentioned the tenancy must be taken to be a yearly one. ..... a lease which under the law is 'deemed' to be a lease from year to year is in my view nonetheless 'a lease from year to year' under section 107 of the act and must thereforee satisfy the statutory requirement of registration subject of course to the provision of s. ..... 'the remaining classes of leases are governed by the second paragraph. ..... although the tenant had executed a registered kabuliyat, it was conceded that it was ineffective to create a lease under the transfer of properly act, as it was not signed by the lesser. ..... 106 transfer of property act, need not be an express contract; it may be implied, but it certainly should be a valid contract. ..... bidhau chafndra roy : air1959cal181 , rhe opposite view is elaborately expounded as follows : 'section 107 of the transfer of property act does not control s. ..... 106, transfer of property act provides that a lease for manufacturing purpose will be 'deemed' to be a lease from year to year that does not in my view exclude such lease from the operation and requirement of s. ..... 106, transfer of property act if the lease is for manufacturing purpose it will be deemed to be a lease from year to year. .....
Tag this Judgment!Court : Delhi
Reported in : 16(1979)DLT142; 1979RLR560
..... or refusal of leave to the tenant for coniesting the eviction petition filed by the landlords by staling that if the facts disclosed by the tenant in the affidavit filed under section 25b of the said act are of such nature which when presumed to be correct or found substantiated would non-suit the landlord that is to say would disentitle the landlords from seeking eviction of the tenant, the tenant should ordinarily ..... i will do well to reproduce the same:- 'it appears to me that on their plain language and on a combined reading of sub-section (4) and (5) of section 25b of ihe act, in the context of the compulsions that led to the amendment, the provisions are clear as to the circumstinces in which leave to contest should be granted and do not admit of ..... under section 14a read with chapter iii-a of the delhi rent control act, 1958. ..... -landlords filed a petition for eviction under section 14(1)(e) read with section 25 of the said act for eviction of the petitioner from the premises comprising of two rooms, passage, verandah, kitchen ..... 1958 is directed against the order dated december 23, 1978 pasted by shri j.d kapoor, additional rent controller, delhi declining an application for leave to defend filed under the provisions of section 25b of the said act and directing the petitioner to hand over the vacant ..... the tenant was that the premises in dispute are included in areas which have been declared as slum areas under section 3 of the slum areas (impsoement and clearance) act, 1956. .....
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