Court : Delhi
..... cm(m) 1062/2019&cm(m) 454/2019 page 5 of 13 (i) regd. lease deed dated 22.02.2009 (havingarea approximately 1000 sq. feet) executed between theplaintiffs and manappuran finance ltd for k-74 first floor,krishan nagar, chhachi building which is @ rs. 40,000/- permonth for period of three years. (ii) regd. lease deed dated 04.12.2007executed ..... that the facts set out by the plaintiffs are prima facie true.13. the pivot of the defendants defense is that they are protected tenants under the delhi rent control act. the mere raising of the plea that they are protected tenants, without any further documents and irrefutable evidence, cannot be taken to be as the gospel truth. the ..... of the defendants, mr. santosh kumar, ld. counsel submits that the present is a case where the defendants are protected under the provisions of the delhi rent control act, as the monthly rent is a sum of only rs.2,000/-. the said defence of the defendant is to be adjudicated by the trial court and thus the protection .....
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..... maintain accounts, keep records and failed to comply with the responsibilities for effective and proper supervision and control over various matters relating to administration and finance and accounts and that these acts resulted in embezzlement of public funds of rs.2,51,701.90. article 2 alleged that she had failed to implement rule 3 of the ..... manish sharma that in the charge-sheet filed in the criminal proceedings on 1st september, 2011 the respondent no.1 was dropped from the array of accused persons under section 408 ipc. on the other hand she was cited as a witness. the only accused was pallavi gajanand mali. the... petitioner, however, chose to compound the ..... 8015/2016 page 7 of 22 14. on 1st august, 2007 the complaint filed by the... petitioner with police station, defence colony was registered as fir no.460 under section 408 of ipc.15. meanwhile, on 19th may, 2007 the inquiry against respondent no.1 commenced. five prosecution witnesses (pws) were examined, of which ms. renu sinha .....
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..... should be taken within the time mentioned therein based upon the offences committed by the accused.13. in the present case, the complaint is filed under section 138 of the negotiable instruments act which is a summary trial and in similar facts, hon ble supreme court in the case of indra kumar patodia and another vs. reliance industries limited ..... on 02.05.2013, however, the cognizance was taken by the court by issuing summons against the petitioner on 17.04.2017. therefore, the punishment under section 138 of the negotiable instrument act is two years and the cognizance taken by the trial court is after more than four years. therefore, the complaint filed by respondent no.2 is liable ..... going through a rough period in the year 2011-12 and as the company was on the verge of its closure, mr. anuj kumar was in dire needs of finance/money for the expansion and investment in the company. in the meanwhile, the respondent no.2 approached mr. anuj kumar and induced him by saying that he, with .....
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..... on the death of the wrong-doer. when once the liability is declared it is open to the official liquidator to realise the amount due by resorting to section 634 of the act and section 50 of the code of civil procedure. in tendolkar case [(1973) 1 scc602 this court did not consider the effect co.pet. 351/1999 page 13 ..... of goga foods limited are not known, no details have been filed. reliance is placed on section 542 and 543 of the companies act, 1956 to submit that the company court would have powers to take over the assets of the respondent company hoffland finance limited which includes the land claimed by goga foods limited.14. mr.ravinder sethi, learned senior ..... court to have framed issues, allowed evidence to be recorded. reliance is also placed on judgment of this court in the case of ram saran das vs raj kali, 1968(4) dlt10to submit that the presumption is in favour of the apparent or ostensible title holder. similarly, reliance is placed on judgment of the supreme court in the case .....
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..... were launched in 2014 have a wide use across india and are continuing to be used.19. hence as per the criteria laid down under section 11 (6) and section (7) of the trademarks act the plaintiff is entitled to a decree of declaration of its trademark pulse as a well-known trademark.20. plaintiff has led no evidence ..... (iii) and (iv) of para-78.15. plaintiff also seeks a declaration of its mark pulse as a well known trade mark. section 2(zg) of the trademarks act which defines a well- known trademark and section 11(6) which provides the requirement for declaring a trademark as a well known trademark read as under: 2(zg) well-known trade mark ..... thereby violating their proprietary rights.13. in support of the claims made herein above the plaintiff has placed on record documents along with certificate under sections 65a and 65b of the indian evidence act. when the suit came up before this court, this court was pleased to appoint a local commissioner to prepare the inventories of the impugned .....
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..... crystallized today, is, clearly, that findings, of fact as well as of law, of the arbitrator/arbitral tribunal are ordinarily not amenable interference either under sections 34 or section 37 of the act. it is only where the finding is either contrary to the terms of the contract between the parties, or, ex facie, perverse, that interference, ..... the da provides that in no event shall rlda have any liability or be subject to any claim for the damages arising out of the design, development, financing, construction, operation, maintenance or management of the project and the assets and project utilities located upon the site. at has accordingly not awarded any damages or ..... of the agreement, possession was to be handed over and at that stage, the respondent was to raise finances by the developing the site in question and in the absence of possession, the respondent could not raise finances and thus, the timelines had to be extended to make the agreement workable. counsel further contends that .....
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..... the plaintiff also prays for a decree of declaration that the trademark/logos/ devices lloyd, and are well- known trademarks.16. section 2(zg) which defines a well-known trademark and section 11(6) of the trademark act read as under: 2(zg) well-known trade mark , in relation to any goods or services, means a mark which has ..... users throughout the world including indian consumers. along with the documents in support of the claim hereinabove the plaintiff has also filed necessary certificate under section 65b of the indian evidence act as also declaration on oath under order xi rule 6(3) of the commercial courts, commercial division and commercial appellate division of high courts ..... that the said jewellery has a connection to the plaintiff.16. yet another provision in the act, though for the guidance of the registrar but in relation to well known trademarks is to be found in section 11(6) of the act. upon testing the trademark of the plaintiff on the touchstone of the ingredients of the said .....
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..... return furnished for the assessment year commencing on or after the 1st day of april, 2017. 18. the aforenoted amendment was simultaneous to the insertion of section 241a by the finance act 2017 w.e.f. 01.04.2017, which reads as under: w.p.(c) 7003/2019 page 10 of 21 for every assessment year commencing ..... operate as a check on what would otherwise have been the sole discretion of the assessing authority. the provisions of section 33c are in parimateria borrowed from section 241 of the income tax act 1961 (omitted by the finance act 2001, w.e.f. 1.1.2001). another legislative intendment of the prescription (that the order must be preceded ..... the assessee.17. this position would become clear if we compare the provisions of section 143(1d) as amended by the finance act, 2017 read with newly inserted section 241a. under the new sub- section (1d) the legislature provides that notwithstanding anything contained in sub-section (1) the processing of return would not be necessary where a notice has .....
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..... 2005 in response to a notice served under this section, and (b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the ..... revenue. there are several reasons for this. first of all, the decision in auto & metal engineers (supra) was in respect of the assessment years 1967-68, 1968-69 and 1969-70. as has been rightly pointed out by the learned counsel for the petitioner, at that point of time, there was no stipulation as to limitation ..... by the supreme court related to the interpretation of the expression assessment proceeding in explanation 1 to section 153 of the said act. it would be relevant to note that the appeals before the supreme court related to assessment years 1967-68, 1968-69 and 1969-70. in the appeals before the supreme court, the delhi high court had .....
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..... what is not contractually enforceable is also not enforceable invoking law of torts.31. inspite of specific query, whether there is equivalent in uk, of section 27 of the contract act, no response has come. i find supreme court in gujarat bottling co. ltd. supra to have held that while under the common law in ..... , trade or business, can be imposed only by law. the law of tort of unreasonable interference in carrying on business, in view of section 27 of the contract act in force since 1872, was not the existing law within the meaning of article 19 (6) of the constitution.33. i have in independent ..... the plaintiff; (v) the plaintiff has developed and maintained various confidential data and information regarding internal processes, specific client profile, client details, business strategy and methods, finances, client budget, pricing structure, upcoming projects, etc.; all this confidential information has been developed over a period of several years by putting in extensive efforts; (vi .....
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