Court : Delhi
Decided on : Jan-12-2006
Reported in : 2006(1)ARBLR321(Delhi)
..... the merits of the disputes arising between the parties from the main contract. 23. both the omp nos. 216/2005 and 217/2005 under section 9 of the arbitration & conciliation act are disposed of with an order of restraint against the respondent bank not to encash bank guarantees as specified in annexure p-17 of omp 216 ..... court and contended that the court at shimla, himachal pradesh have jurisdiction to entertain and decide the present petition keeping in view the provisions of section 42 of the arbitration and conciliation act, 1996. 11. according to the petitioner the respondent had challenged the award dated 17th january, 2002 in respect of other disputes arising between the ..... equities is made out either in that judgment or in the present case. such a determination is beyond the limited jurisdiction of the court under section 9 of the arbitration and conciliation act.2. as far as the first and the last submissions made on behalf of the respondent are concerned, it is not for this court .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : 2006(87)DRJ401
..... purshottam dass and anr v. hari narian and ors. : [1978]113itr389(delhi) while accepting the right of the plaintiff to value its suits contemplated under section 7(iv) of the act but obviously subject to the limitation stated therein, it was further held that the question has to be determined on the basis of the allegations made in the ..... the plaintiff is obliged to value the suit for the purposes of court fee and jurisdiction identically except for the exceptions provided under section 7 of the court fees act, 1870. according to the plaintiff, in terms of section 7(iv)(d), it has stated the amount at which it has valued the reliefs sought. the prayed relief is that of ..... it fix the value of suit for the purposes of payment of court fee at rs.200/- is the basic question?10. section 7 of the court fees act, 1870 provides for computation of fees payable in suits. under section 7(iv)(d), to obtain an injunction, the plaintiff shall state the amount at which relief sought is valued and under .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : 128(2006)DLT633; 2006(87)DRJ489
..... mahant purshottam dass and anr v. hari narian and ors. : [1978]113itr389(delhi) while accepting the right of the plaintiff to value its suits contemplated under section 7(iv) of the act but obviously subject to the limitation stated therein, it was further held that the question has to be determined on the basis of the allegations made in the ..... upon correct rendition of accounts by the defendants. there is no arbitrariness and the plaintiff's claim would be covered under rule 4, the provisions of section 7(4) of the court fee act and the exception to the rule of the suit being valued identically for the purposes of court fee and jurisdiction. the principle of law cited on ..... non-payment of proper court fee; that the plaintiff has no locus standi to file the suit for partition and that the suit is already barred under section 23 of the hindu marriage act. 3. on merits, it is stated that some of the properties, as mentioned in paragraph 5 were even purchased after the death of the deceased and .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : 128(2006)DLT10; 2006(87)DRJ430
..... in harshkumar's case(supra), where the court held as under:-2. learned advocate, appearing in support of the application, strongly replied upon the language of section 10 of the contempt of court act, nd, on that basis, argued that he has a right to pray that the matter be dealt with in contempt jurisdiction of this court, although the ..... adequate and enough remedy and it may not be necessary for the high court to interfere in each and every case under the provisions of section 2(b) read with section 10 of the contempt of courts act, 1971. in rudraiah's case (supra), the court held as under:-.the provision there under is obviously based on the principle of contempt ..... rule 2a of the code. as such, it would always be appropriate to try both of them together rather than instituting an independent proceeding under sections 10 and 11 of the contempt of courts act, 1971 or article 215 of the constitution of india before the high court. in the present case, the petition besides being vague, has not .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : AIR2007Delhi16; 2006(1)ARBLR482(Delhi); IV(2006)BC62; 129(2006)DLT547; 2006(87)DRJ712
..... paid their dues without any problem. another preliminary objection was taken by the respondent that there is no arbitration agreement in writing between the parties as such provisions of section 9 of the act cannot be invoked. 7. before merits of these contentions are discussed, the court may refer to a recent judgment of this court in the case of hindustan construction ..... to invocation of the two bank guarantees afore-referred. the petitioner claims to have invoked the arbitration agreement between the parties and has filed the present petition under section 9 of the arbitration & conciliation act wherein the petitioner prays for the following reliefs.a. restrain the respondent no. 1 from invoking/asking for extension of bank guarantees bearing nos: 16/03-04 .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : 128(2006)DLT413; 2006(90)DRJ449
..... .(iv) the return of the plaint for want of jurisdiction whether pecuniary or territorial cannot be equated to the transfer of the suit or proceedings either by virtue of section 24 cpc or owing to any other statutory change.3. the background of the passing of the said order is that, initially, the plaint was filed by the ..... makes an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice, renders himself liable to be dealt with in accordance with the act and no court should ignore such conduct which has the tendency to for sake public confidence in the judicial institutions. he also referred to the madras high court decision ..... was in consonance and in compliance with the order dated 22.11.2004, implying thereby that the amendments carried out were authorized by this court. according to him, these acts on the part of the plaintiffs amounted to a clear case of contempt. mr. amarjit singh also contended that in is no.3124/2005 filed by the plaintiffs under .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : AIR2006Delhi320; 128(2006)DLT36; 2006(86)DRJ775; (2006)143PLR5
..... the said rule, the court can at an interlocutory stage of the proceedings pass a judgment on the basis of admissions made by the defendant. but, before the court can act upon an admission, it has to be shown that the admission is unequivocal, clear and positive. this rule, as observed by the supreme court, empowers the court to pass judgment ..... badar durrez ahmed, j.1. this is an application filed by the plaintiff under order 12 rule 6 read with section 151 of the code of civil procedure, 1908 seeking the relief that the suit be decreed along with interest as prayed for in the plaint in terms of alleged admissions .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : II(2006)BC323; 127(2006)DLT793; 2006(88)DRJ101; (2006)143PLR33
..... the plaintiff. these cheques were towards the part payment and out of them three were dishonoured upon presentation and the plaintiff filed a complaint under section 138 of negotiable instruments act, which is still pending. three cheques out of the aforestated five cheques were returned to the plaintiff with the remarks `refer to drawer' and ..... defendant before filing the present suit. why plaintiff would not send notice of dishonour of the cheque when plaintiff could even file proceedings under section 138 of the negotiable instruments act, or why plaintiff would not write a single letter or serve notice upon the defendant for payment of the alleged outstanding amount before filing ..... did not return the same and for which an fir was lodged against the plaintiff being fir no. 262/96 in the police station roop nagar under section 406 ipc. according to the defendants, the case of the plaintiff is false and fabricated. there are various litigations pending between the parties wherein claims and .....
Tag this Judgment!Court : Delhi
Decided on : Jan-13-2006
Reported in : 128(2006)DLT238; 2006(32)PTC157(Del)
..... this court in polymer papers ltd. v. gurmit singh and ors. 2002 (25) ptc 327 (del) has considered the effect of section 2(c) of the copyright act and section 11 of the designs act to come to the conclusion that industrial drawings and designs in which copyright was claimed were for purposes of manufacturing of filter related machines or ..... are copying.62. in order for the work of the plaintiff to qualify as an 'artistic work', it must fall within the definition of sub-section (c) of section 2 of the copyright act. a reading of the said provision would show that attempt of the plaintiff can only be to bring it within the concept of 'painting'. the ..... the economic impact of the aforesaid has also been emphasized. if the subject work is an 'artistic work', the term of legal protection it will enjoy under section 22 of the copyright act, would be the lifetime of its author + 60 years and it would be enforceable not only through civil proceedings, but also incur criminal liabilities. however, if .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Jan-13-2006
Reported in : (2006)101TTJ(Delhi)461
..... no other person could take steps to have share transfer registered on or before 5-10-1997, the expiry of the lock-in-period. the provisions of section 199 of the act, mandates that credit for tax deducted and paid to the central government shall be construed as a payment on behalf of the shareholder and credit shall be given ..... by registered holders and where action for registering the transfer in the name of the purchaser or other person has been taken in accordance with the provisions of section 108 of the companies act then the credit for payment of tax should be given to the other person. it is, however, necessary that declaration in form no. 15b has to ..... sebi regulations and therefore, any transfer of shares which is prohibited by law and consequent loss cannot be allowed in view of the provisions of explanation to section 37(1) of the act, which lays down that any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law shall not be deemed .....
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