Court : Delhi
..... to produce the property before the court as and when required and to give effect to the further orders of the court as to the disposal of the same: thereof that where the property provided seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith ..... even, crl.m.c.4206/2018 page 4 of 24 in the case filed under section 12 of the protection of women from domestic violence act, 2005 against the husband of respondent no.2, the mother-in-law and the brother-in-law, the petitioner is not named as a ..... maharashtra, 2019 scc online bom 1412, decided on 30.7.2019, the court rejected the contention that non-compliance of the procedure laid down under section ..... maharashtra, 2007(109) bomlr934 wherein it was held that the requirement of section ..... aforesaid discussions and considering the law laid down in various decisions as discussed hereinabove, more specifically the judgment of the bombay high court in the matter of manish khandelwal & ors. v. ..... state of maharashtra, 2011 scc online bom 402, wherein it was held that the freezing of the bank account is an act in investigation and it does not deprive any person of his ..... state of maharashtra(supra), the madras high court in the matter of uma ..... state of maharashtra, (supra) that before issuing orders of stopping the operation of account, notice is also required to ..... of maharashtra v. .....
Tag this Judgment!Court : Delhi
..... . it is contended by the counsel for respondents no 1 and 2 that the order dated 11.02.2009 issued by respondent no 1 passed under section 17(3) & 24(3) read with section 18(4) & 18(5) of delhi school education act, 1973 and rules 50, 51, 177 and 180 of the delhi school education rules, 1973 is for the implementation of the recommendations of 6th pay commission and lay down the guidelines to meet the said ..... . it is not disputed that the director of education- respondent no.3 has in fact vide order dated 11.2.2009 in exercise of the powers under sections 17(3), 24(3), 18(4) and (5) of the delhi school education act, 1973 and rules lpa.808-809/2017 page 4 of 15 50,51,177 and 180 of the delhi school education rules, 1973 and all other enabling powers vide order dated 11.2.2009 directed all the ..... . the counsel for respondents no.2 and 3 submits that the petitioner cannot place reliance on section 10 of the delhi school education act, 1973 as the respondent no.1 has not mandated the implementation of macp scheme for private unaided ..... has also been placed by the counsel for the appellant on a judgment of bombay high court in state of maharashtra v ..... learned counsel contends that under section 10 of delhi education act, 1973, the aforesaid circulars dated 05.10.2008 and 11.02.2009 are binding on ..... . therefore, reliance cannot be placed on section 10 of the delhi school education act, 1973 as respondent no.1 has nowhere mandated the implementation of macp scheme for private .....
Tag this Judgment!Court : Delhi
..... (i) that because the mark of the defendants is registered, the suit, insofar as for the reliefs on the ground of infringement of trade mark, is barred by section 28(3) of the act; (ii) that the marks are not identical; at best they resemble each other; (iii) that as per section 25 of the act, no application for renewal of the mark is required to be made till the mark is registered; (iv) in any case the impugned mark, according to the plaintiff ..... that even if since 2008 there has been concurrent user by the plaintiff of otrivin and by the defendant of biotrivin , such user, being not honest, is not concurrent user within the meaning of section 12; (xvii) that all the invoices filed by the defendant before this court to show sales of the product under the mark biotrivin are to the own distributor cs(comm) 238/2019 page 10 of 28 ..... have any effect and on expiry of the period prescribed for renewal, the mark cannot be treated as registered; attention in this regard is invited to section 25 of the trade marks act and rules 58 and 60 of the trade marks rules 2017; thus section 124(5) of the trade marks act is not applicable; (xiv) till the date of institution of this suit, the defendant had not applied for renewal of registration; (xv) that since there ..... of the high court of bombay in emcure pharmaceuticals ltd. vs ..... bombay waterproof manufacturing ..... in either of the judgements for taking the said view, and am, with respect, unable to concur with the view taken by the high court of bombay.35. .....
Tag this Judgment!Court : Delhi
..... brutal incident occurred i.e. the locality where the petitioner's house is situated and there are total six material witnesses whose statements are bail appl.1447/2019 page 19 of 26 covered under section 6 of the indian evidence act, 1872 and that it was apprehended that the petitioner if released on bail, would tamper with the evidence and influence the witnesses / material witnesses and taking into account the nature ..... , without any observations on the merits or demerits of the case, taking into account the gravity of the offence, the framing of charges against the applicant qua the alleged commission of offences punishable under sections 3of the indian penal code, 1860 and section 25 r/w section 27 of the arms act, 1959 by the learned trial court, the prima facie incriminating circumstances against the applicant brought forth through the statement ..... the indian penal code, 1860 which is punishable with death or life imprisonment and the petitioner has been further charged under sections of the arms act, 1959 and keeping in mind the nature of the accusation, gravity of the offence and past attempts to approach the witnesses in the instant case, no exceptional case had been made out by the petitioner ..... placed on behalf of the wife of the deceased on the verdict of the hon ble supreme court in state of maharashtra bail appl.1447/2019 page 17 of 26 vs. ..... on behalf of the wife of the deceased on the verdict of the hon'ble high court of bombay in yogesh @ charu ananda chandane vs. .....
Tag this Judgment!Court : Delhi
..... must be held that the proviso to sub-section (5) of section 5 of the medical university act which was inserted by the state act requiring prior permission of the state government for establishing a college is repugnant to section 10-a inserted in the indian medical council act, 1956 by the central act which prescribes the conditions for establishing a ..... page 3 of 84 ordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this act, the council may ***** co-ordinate and monitor teacher education and (c) its development in the country; ***** lay down guidelines (f) for compliance by recognised institutions, for starting ..... /ut from which applications will be accepted online haryana, sikkim, tripura, pradesh, assam, andhra meghalaya, karnataka, arunachal pradesh, uttarakhand, tamilnadu, maharashtra, andaman & nicobar islands, bihar, delhi, rajasthan (in 64 tehsils as per annexure- a ) telangana, sikkim, tripura, assam, karnataka, meghalaya, arunachal pradesh, uttarakhand, tamil nadu, maharashtra, bihar, delhi, rajasthan 64 tehsils as per annexure- a ) (in a and also with requisite documents 3 ..... litigation, which came up before the nagpur bench of the high court of bombay which, vide its order dated 7th january 2009, quashed the decision of ..... 5 (2008) 4 scc7206 (1975) 1 scc5597 (1999) 3 scc4228 1955 (1) scr10659 1952 scr1122at 1130 10 (1969) 1 scc82511 ilr1973(1) del ..... .....
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..... mere fact that there is a right given to the board to file the suit and the limitation has been prescribed to file the suit, it does not take away the right conferred on the board under section 24 to make demand for payment of the charges and on neglecting to pay the same they have the power to discontinue the supply or cut off the supply, as the case may be, when the consumer ..... notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for ..... 14 to contend that even time barred dues can be demanded under section 24 of the electricity act, and can be recovered from the petitioner, for continual supply of ..... the licensee may take steps to prevent unauthorized reconnection of such consumers disconnected in the manner as ..... the petitioner has vehemently sought to argue that in terms of the section 56(2) of the electricity act, 2003, the claim of the respondent/bses is barred by limitation. ..... it is obviously the duty of the purchasers/occupants of premises to satisfy themselves that there are no electricity dues before a provision in ..... maharashtra state electricity board, (1997) 9 scc465 and judgment of the full bench of this court in the case of bses rajdhani power ..... commission, therefore, was right in following the judgment of the bombay w.p. .....
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..... the petitioner in this case has been chargesheeted for the offence punishable under section 363/302/201/328/1ipc & 14 pocso act. ..... state of maharashtra, 2017 scc online bom3402 charge-sheet u/s. ..... state of maharashtra, 2017 scc online bom 3402.5. ld. ..... in another judgment of hon ble bombay high court titled manik sahebrao chaugule. v. ..... therefore, there is no infringement of section 167(2) of the code. ..... on the said day, the petitioner had already completed 90 days in jc and, is therefore, entitled to bail as per section 167 (2) (a) (i) of ipc. ..... 8(c), 20 and 29 of the ndps act was filed without report of chemical analyzer and it was held that the charge-sheet was incomplete and the default bail was granted and therefore, this judgment is also distinguishable in terms of the facts of ..... 363/302/201/328/1ipc & 14 pocso act, p.s.welcome, north-east.2. ld. ..... 65-b of indian evidence act and other paper would be filed by way of supplementary charge-sheet u/s 173(8) crpc. .....
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..... the writ petition filed by the appellant before the bombay high court was against the msme council, and filing of the said petition would not oust the jurisdiction of the court to deal with petition under section 34 of fao (os) (comm) 92/2019 page 20 of 21 the amendment act and accordingly, the contention of the respondent that the filing of the aforesaid writ petition bars the appellant to approach this court is rejected.25. ..... was filed under section 34 of the arbitration act, assailing the arbitral award dated 14th december 2018, passed by the maharashtra micro and small enterprises facilitation fao (os) (comm) 92/2019 page 1 of 21 council, konkan region, thana (hereinafter msme council ). ..... further, while referring to the provisions of the msme act, learned single judge held that the courts at thane, maharashtra, would have exclusive jurisdiction to entertain the present petition. ..... the seat of arbitration, therefore, would be at thane, maharashtra and even applying the judgment of the supreme court in indus mobile (supra), it would only be the courts at thane which will have exclusive jurisdiction to entertain the present petition.13. ..... maharashtra micro and small enterprise facilitation council, konkan region, thane", challenging the conduct of arbitration proceedings by the msme council. .....
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..... the following cases have been registered against jitender @ gogi and his gang members; sn fir no.police station 1 2 alipur, delhi alipur, delhi under section 341/323/427/5ipc30734 ipc & 25/27/arms act.ipc77311 13jhajhhar, haryana crime & rly, delhi 25/arms act gohana, sonipat 3 4 5 6 7 8 9 10 11 12 13 14 15 16 34gannaur, sonipat alipur, delhi 88park, sadar, mahindra delhi narwana, haryana alipur, delhi alipur, delhi 11alipur, delhi alipur, delhi 11samalkha, panipat narwana, 1haryana sadar ..... herein, digvijay saroha has preferred the present bail application seeking regular bail under section 439 of the code of criminal procedure (cr.p.c) read with section 12 & 21(4) of maharashtra control of organised crime act, 1999 (mcoca) in case fir no.252/2018, p.s. ..... for the petitioner has prayed for bail on the ground that the petitioner who is facing trial under section 3 and 4 of mcoc act and has been in judicial custody since 24.06.2018. ..... reiterate that recording of satisfaction on both the aspects mentioned in clauses (a) and (b) of sub-section (4) of section 21 is sine qua non for granting bail under mcoca." 19. ..... the petitioner is not involved in continuing unlawful activity and as per section 2 (d) of mcoca, more than one chargesheet should have been filed against the petitioner within the preceding period of 10 ..... the hon ble division bench of bombay high court in a case titled govind sakharam ubhe ..... one is that of bombay high court and another one is of hon ble supreme ..... [2005(1) bombay c.r. .....
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..... despite warnings that these actions would result in heavy loss of market share to national carrier, the public servants of moca, continued to act dishonestly in order to confer pecuniary advantage to the private, domestic and foreign airlines; that the routes were allocated by public savants of civil aviation ministry in pursuance to a criminal conspiracy and on the directions of civil aviation ministry, ..... investigation indicated the commission of offence of pml act as defined u/s 3 r/w section 70 punishable u/s 4 of the pml act. ..... state of maharashtra vs. ..... assistant director, directorate of enforcement [bombay high court-bail application 286/2018]. ..... maharashtra and anr. ..... this is an application filed under section 439 cr.p.c on behalf of the petitioner for grant of regular bail in ecir no.hq/13/2017 dated 17.08.2017 u/s 420/120b ipc, sec. 13(2) r/w 13 (1) (d) p.c. ..... [(2017) 16 scc605 state of bombay vs. ..... finance act 2018 14. ..... this act resulted in private airlines taking all profitable routes and a bigger market share of air india.4. ..... briefly stated, ecir bearing no.hq/13/2017 was registered on 17.08.2017 by respondent ed on the basis of predicate offence registered by cbi vide rc-dai-2017-a-0022 dated 29.05.2017 u/s 420, 120b ipc and 13 (2) r/w 13 (1) (d) pc act.3. ..... act & sec.pmla, 2002 registered at p.s. .....
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