Court : Delhi
..... , of the plaintiff being entitled to maintain a suit for infringement of trade mark. the rights of the plaintiff to the trade mark otrivin under section 28 would be infringed under section 29 of the act by a defendant, who not being a registered proprietor, in the course of trade, uses a mark which is identical with or deceptively similar to ..... yester years and may have been the norm, cannot be allowed to continue to be made in today s time of statutory disclosures required to be made and of information explosion, when the minutest details of every person, especially a large corporate, are out in the public domain for all to see. the wrong/incorrect and denied form of ..... products of the defendant, a list whereof was handed over, have bio prefixed thereto.14. the counsel for the plaintiff, in rejoinder has again taken me through section 25 of the act.15. i have considered the rival contentions.16. i may at the outset state that though on the first date also when the suit had come up for .....
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..... discovered with the help of voluntary information or material that bail appl.1447/2019 page 24 of 26 administered test results can be admitted, in accordance with section 27 of the evidence act, 1872. the national human rights commission had published `guidelines for the administration of polygraph test (lie detector test) on an accused' in 2000. these ..... behalf of the relative of the deceased that the contentions raised on behalf of the petitioner in relation to the lie detector test, hand wash by fsl (no explosive residue found), the lack of fingerprints of the petitioner having been taken, the non-examination of the weapon, the first pcr call, the factum of the audio ..... to prove the innocence of the applicant; that the handwash of the petitioner and his parents was taken and on being tested by the fsl, there was no explosive residue which was found which also supported the innocence of the applicant; that the police had not taken any fingerprints of the petitioner and had not got the .....
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..... the face of the record. mr. ravi gupta, learned senior counsel for the respondent however submits that this court, while dealing with an appeal under section 37 of the act, would not go into factual aspects which have been duly decided by the learned arbitrator and thereafter have been examined by the single judge. we have ..... to fall of magnetic hammer caused explosion, it cannot be said that the explosion was a subsequent event. other things apart, the foregoing are purely factual matters and this court cannot examine the same in the present proceedings under section 37 of the act since the scope of interference under section 37 of the act is very narrow. we accordingly ..... dated 01.05.2019 passed by the learned single judge in o.m.p. no.879/2012 filed by the appellant under section 34 of the arbitration & conciliation act 1996 (hereinafter referred to as the act ). two issues came-up for consideration before the learned single judge. the first issue was as to whether the amount received .....
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..... by the court of crl. a. no.887/2002 page 1 of 4 sessions by judgment dated 02.09.2002 for the offence under sections 4(a) and (b) of explosive substances act, 1908. by order dated 06.09.2002, the trial judge awarded rigorous imprisonment for seven years for the said offences giving the benefit of ..... upon conclusion of investigation into first information report (no.168/2001) of police station parliament street involving offences punishable under sections 121, 121a, 122, 123 of the indian penal code, 1860 and sections 3,4 & 5 of explosive substances act, 1908. at the conclusion of the said trial, he (the appellant) and the other said two were found guilty ..... provision under section 428 cr. pc.2. the conviction and order of sentence were challenged by the appellant by the present appeal, the sentence having been .....
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..... which emerged during the arbitration proceedings established that dis had offloaded its equity stake in dipl by transferring its shares to efs facilities services mauritius limited. section 39 of the contract act, which envisages such a situation, confers a right on the aggrieved party, in this case indeen, to put an end to a contract where ..... , explosives, radiation or radio-activity, and natural catastrophes such as earthquake hurricane, typhoon, volcanic activity, floods or (v) epidemics. acts of god or acts of governmental action in its sovereign capacity, restriction on (vi) shipping which prevents or impedes due ..... or circumstances of the kind listed below, so long as conditions (a) to (d) above are satisfied: (i) (ii) (iii) (iv) munitions of war, explosive materials, fire, ionizing radiation or contamination by radio- activity, except as may be attributable to the supplier's use of such munitions .....
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..... of the nature of such possession. there is a mental element in the concept of possession. accordingly, the ingredient of 'possession' in section 5 of the tada act means conscious possession. this is how the ingredient of possession in similar context of a statutory offence importing strict liability on account of mere ..... cartridge does not fall within the ambit of 'conscious possession' which is a core ingredient to establish the guilt for offence punishable under section 25 of the arms act. as the prosecution has failed to prove that the possession was 'conscious' and therefore, on the basis of mere possession of the ..... (1) in this act, unless the context otherwise requires, - (a) .. (b) "ammunition" means ammunition for any firearm, and includes- (i) rockets, bombs, grenades, shells 2[and other missiles]., (ii) articles designed for torpedo service and submarine mining, (iii) other articles containing, or designed or adapted to contain explosive, fulminating or fissionable material .....
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..... assurance company limited (supra), the issue before the supreme court was whether the respondent therein was entitled to invoke the jurisdiction of the court under section 11 of the act after accepting the compensation and signing the subrogation letter. the court in that case found that the discharge and signing of letter of subrogation was ..... was caused by such reason that the liability of the petitioner was excluded.14. clause iii(a) and viii of the insurance policies are reproduced hereinunder:-" iii explosion/implosion excluding loss, destruction of or damage. to boilers(other than domestic boilers) economizers a. or other vessels, machinery or apparatus (in which steam is ..... submitted along with claim vide ex cw1/9. respondent has not denied the above amounts and vouchers produced. the only denial by the respondent is that explosion took place after the furnace was damaged, which defence, the respondent has failed to substantiate. 29. as far as the enhancement of the claim amount is .....
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..... however, vide letter dated 04.04.2013 rejected the petitioner s request for extension of time.10. the petitioner filed a petition under section 9 of the act, being omp3382013, before this court, wherein the court on 11.04.2013, directed that status quo be maintained with respect to the bank ..... and could not have been avoided if the affected party had taken reasonable care or complied with prudent utility practices: a) act of god, including, but not limited to lightning, drought, fire and explosion (to the extent originating from a source external to the site), earthquake, volcanic eruption, landslide, flood, cyclone, typhoon ..... or tornado; b) any act of war (whether declared or undeclared), invasion, armed conflict or act of foreign enemy, blockade, embargo, revolution, riot, insurrection, .....
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..... , 1860 (ipc) besides some offences under special laws such as narcotic drugs and psychotropic substances act, 1985, explosive substances act, 1908, unlawful activities (prevention) act, 1967, prevention of corruption act, 1988, etc.56. there are three parts of the definition of proceeds of crime . ..... authorized officer) is subject to the remedy of appeal before the debts recovery tribunal (drt), constituted under rddbfi act, in terms of section 17 sarfaesi act. as noted earlier, mere non-acceptance of the objection or representation in response to the initial notice under crl ..... the distinct flavor of each would need elaborate discussion later. pmla s sanction of confiscation57 the power and jurisdiction to provisionally attach a property involved in money-laundering is conferred by the law, by virtue of section .....
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..... , 1860 (ipc) besides some offences under special laws such as narcotic drugs and psychotropic substances act, 1985, explosive substances act, 1908, unlawful activities (prevention) act, 1967, prevention of corruption act, 1988, etc.56. there are three parts of the definition of proceeds of crime . ..... authorized officer) is subject to the remedy of appeal before the debts recovery tribunal (drt), constituted under rddbfi act, in terms of section 17 sarfaesi act. as noted earlier, mere non-acceptance of the objection or representation in response to the initial notice under crl ..... the distinct flavor of each would need elaborate discussion later. pmla s sanction of confiscation57 the power and jurisdiction to provisionally attach a property involved in money-laundering is conferred by the law, by virtue of section .....
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