Court : Delhi
Decided on : Aug-04-2014
..... 18. pw1 has relied upon the statement of sale and advertisement figures mentioned in para 16 of the amended plaint.19. he has further deposed that in course of their international business operations, the plaintiffs along with their affiliate and subsidiary companies under the glaxosmithkline group ..... the said product of the plaintiffs and no one else. further, the labels are original artistic works within the meaning of section 2 (c) of the copyright act 1957, of which smithkline & french laboratories limited is the owner and thus entitled to reproduce the same in any material form to the exclusion of all others. ..... apart from the word iodex and is independently entitled to protection. the labels are original artistic works within the meaning of section 2 (c) of the copyright act 1957, of which smithkline & french laboratories limited is the owner and thus entitled to reproduce the same in any material form to the exclusion of all others. .....
Tag this Judgment!Court : Delhi
Decided on : Nov-20-2014
..... rule 12, the said material can never be used in inquiry and thus forming an opinion on that oral evidence will not serve the purposes of the act.28. the amendment in 2000 act by the amendment act, 2006, particularly, introduction of section 7a and subsequent introduction of rule 12 in the 2007 rules, was sequel to the constitution bench decision of this ..... years at the time of her death. this would mean as though the appellant husband was much younger to his wife which is not the usual practice in the indian context and may happen but infrequently. so also the fact that the appellant obtained the school leaving certificate as late as on 17-11-2009 i.e. after the ..... , a plea was raised that he was minor within the meaning of section 2(k) of 2000 act on the date of commission of the offence. the appellant had been convicted for the offences punishable under sections 304-b and 498a indian penal code and sentenced to suffer seven years' imprisonment under the former and two years under the latter .....
Tag this Judgment!Court : Delhi
Decided on : Dec-05-2014
..... effect from 3rd april, 1997, being the date on which the provisions of the gratuity act were made applicable to educational institutions vide notification dated 3rd april, 1997. (h) the payment of gratuity (amendment) act, 2009 was notified in the gazette on 31st december, 2009. (i) vide amendment aforesaid the definition of employee in section 2(e) extended to teachers as well, making teachers ..... in schools covered by the gratuity act. (j) resultantly, the schools were / are under statutory obligation to pay gratuity to .....
Tag this Judgment!Court : Delhi
Decided on : Dec-05-2014
..... effect from 3rd april, 1997, being the date on which the provisions of the gratuity act were made applicable to educational institutions vide notification dated 3rd april, 1997. (h) the payment of gratuity (amendment) act, 2009 was notified in the gazette on 31st december, 2009. (i) vide amendment aforesaid the definition of employee in section 2(e) extended to teachers as well, making teachers ..... in schools covered by the gratuity act. (j) resultantly, the schools were / are under statutory obligation to pay gratuity to .....
Tag this Judgment!Court : Delhi
Decided on : Nov-28-2014
..... of the respondents but is merely seeking to avoid the gift deed executed which was detrimental to appellant's right, title and interest in the property. therefore, the amendment does not alter either the character of the suit or the nature and the relief already sought, viz., partition of the property. shri sanyal, the learned senior counsel ..... 14,000/-. (xiv) in july, 2011 defendant no.1, mother of plaintiff filed an application under section 4 of the maintenance and welfare of parents and senior citizen act, 2007 before the maintenance tribunal for grant of rs. 12,000/- as maintenance and for direction to the plaintiff to vacate the third floor of the suit property. ..... any knowledge and consent of the plaintiff and which was promised to be plaintiffs share in the undivided property. the cause of action further arose when the defendants acting in above mentioned fraudulent manner benefitted from the sale of the said property and even did not pay a single penny to the plaintiff out of the said .....
Tag this Judgment!Court : Delhi
Decided on : Nov-28-2014
..... of the respondents but is merely seeking to avoid the gift deed executed which was detrimental to appellant's right, title and interest in the property. therefore, the amendment does not alter either the character of the suit or the nature and the relief already sought, viz., partition of the property. shri sanyal, the learned senior counsel ..... 14,000/-. (xiv) in july, 2011 defendant no.1, mother of plaintiff filed an application under section 4 of the maintenance and welfare of parents and senior citizen act, 2007 before the maintenance tribunal for grant of rs. 12,000/- as maintenance and for direction to the plaintiff to vacate the third floor of the suit property. ..... any knowledge and consent of the plaintiff and which was promised to be plaintiffs share in the undivided property. the cause of action further arose when the defendants acting in above mentioned fraudulent manner benefitted from the sale of the said property and even did not pay a single penny to the plaintiff out of the said .....
Tag this Judgment!Court : Delhi
Decided on : Dec-05-2014
..... effect from 3rd april, 1997, being the date on which the provisions of the gratuity act were made applicable to educational institutions vide notification dated 3rd april, 1997. (h) the payment of gratuity (amendment) act, 2009 was notified in the gazette on 31st december, 2009. (i) vide amendment aforesaid the definition of employee in section 2(e) extended to teachers as well, making teachers ..... in schools covered by the gratuity act. (j) resultantly, the schools were / are under statutory obligation to pay gratuity to .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2014
..... in execution of works/composite contract. central sales tax is payable and levied on material used in works contract with effect from 11th may, 2002 after amendment of the central sales tax act, 1956 vide finance act, 2002. (iv) the composite or works contracts are excluded from the ambit of levy of service tax under section 65(105)(zzq) and (zzzh). ..... of the said decision reads as under: 2. contentions of the petitioners can be crystallized as under:(i) service tax levied from time to time by finance act, 1994 and subsequent amendments is in exercise of power under residual entry 97 of list i of the seventh schedule of the constitution of india. it is levied on taxable service ..... notification no.18/2005-st, dated 07.06.2005. 5. it may be pointed out at this juncture that w.e.f. 01.06.2007 a further amendment to the finance act, 1994 was made whereby section 65 (105) (zzzza) was introduced whereunder works contract service was identified as a taxable service. it is pertinent to note that .....
Tag this Judgment!Court : Delhi
Decided on : Jan-24-2014
..... institution is situated, will have to be fulfilled for recognition of the degree in that country and the norms that are prescribed by the indian medical council act, 1956 in regard to indian medical institutions will have no relevance. so long as the medical institutions in a country outside india has granted a medial qualification and that ..... , though before the respondent no.1/writ petitioner took the screening test on 25.03.2012. however there is nothing to show that the 2010 amendment is retrospective. the said amendment thus cannot be allowed to affect students, who, prior to the coming into force thereof, joined off campus in india of foreign medical institutions. ..... the senior counsel for the appellant of course has argued that the 2010 amendment supra is only clarificatory, but we are unable to, in the absence of anything to support such contention, hold so. we are thus, unable to accept that .....
Tag this Judgment!Court : Delhi
Decided on : Jan-22-2014
..... adverse possession, more so because the land in question had in fact been acquired by chief commissioner of delhi under section 3 of the resettlement of displaced persons (land acquisition) act, 1948 vide notification dated 30.12.1950. (ii) the original plaintiff sh. ram chander had no locus standi to file the suit inasmuch as, other legal heirs of sh ..... it has been further laid down by the hon ble supreme court of india that: needless to record that the courts shall have to be cautious and must always act with great circumspection in dealing with the claims for letting in additional evidence particularly in the form of oral evidence at the appellate stage and that too, after a ..... of the appellant in accordance with the provisions of order 14 rule 5 cpc which deals with the power to amend and strike out the issues and it provides that the court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit. it also provides that the court .....
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