Court : Delhi
Decided on : Jan-16-2014
..... . it is well settled that precedents of this court under article 141 and the comparative constitutional law helps courts not only to understand the provisions of the indian constitution it also helps the constitutional courts to evolve principles which as stated by ronald dworkin are propositions describing rights [in terms of its content and contours ..... a collection of popular slogans. it is well to remember that justice frankfurter recognised that we cannot read into the 14th amendment the freedom of speech and of the press protected by the 1st amendment and at the same time leave out the age old means employed by states for securing the calm course of justice ..... norms and canons of responsible journalism. such conduct has been actuated by malice, against the plaintiff in particular and generally against the justice dispensation system. the acts of the said defendants as well as of defendant no.5 tantamount to blatant scandal mongering and are per se defamatory as they seek to denigrate both .....
Tag this Judgment!Court : Delhi
Decided on : May-26-2014
..... . pw1 has further deposed that the products of the plaintiffs sold under the trade mark schweppes have been extensively advertised, discussed and publicized in both indian and international press as well as on the internet. in india, the products bearing the trade mark schweppes have been advertised in leading publications such as ..... in a stylized manner with a fountain device and a unique colour combination consisting of the colours silver and yellow. plaintiffs have also established that said acts of the defendant amounts to infringement of the registered trademarks schweppes (word) and schweppes (stylized logo along with fountain device ) and also amounts to ..... in a stylized manner with a fountain device and a unique colour combination consisting of the colours silver and yellow. she has also deposed that such acts of the defendant amounts to infringement of the registered trademarks schweppes (word) and schweppes (stylized logo along with fountain device) and fountain device (hereinafter .....
Tag this Judgment!Court : Delhi
Decided on : May-26-2014
..... in question was furnished with respect to the total sale consideration of rs.1,72,10,793/-, however, although the purchase order was amended with the mutual consent of the parties, the bank guarantee was not amended for the reasons that the defendant paid the complete advance to the plaintiff, as per the first purchase order. thus there was no ..... occasion for any amendment in terms of the bank guarantee, moreover, the plaintiff did not raise any protest or seek any clarification nor any request was made for change in the terms ..... loss to the deceived, the second condition is satisfied. (see dr. vimla v. delhi administration (1963 supp. 2 scr585 and indian bank v. satyam febres (india) pvt. ltd. (1996 (5) scc550.34. a "fraud" is an act of deliberate deception with the design of securing something by taking unfair advantage of another. it is a deception in order to gain .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
Decided on : May-16-2014
..... ". the writ petition was thereafter registered as an application under section 14, 15, 16 read with section 18 of the national green tribunal act 2010. the applicants' counsel sought certain amendments in the pleadings on basis of analysis of samples conducted later on through an independent agency. by order dated january 13 th 2014, the ..... official of the jubilant industry is that the unit was taken over in the year 1999 and highly efficient esp is installed to control the emission from boilers. it was also stated that the jubilant industry improved the environmental management system to meet zero discharge. it was stated that jubilant industry was committed to ..... the industry has commissioned the bio- methanation plant in the month of july 2002. (h). the industry has approached to the commissioner of imports through icma (indian chemical manufacturing association) on 10th of august 2004. but no response was given by them. the industry has carried out e/a study regarding the quality of nira .....
Tag this Judgment!Court : Delhi
Decided on : Aug-26-2014
..... quietus, since the complainant is not interested in supporting the prosecution any further.7. consequently, the petition is allowed and fir no.65/2013, registered under section 135 of the indian electricity act (amend) 2003 at police station kapashera, and all proceedings emanating therefrom, are hereby quashed.8. on a query, my attention has also been drawn by counsel for the second respondent ..... .a. no.13105/2014 1. this petition has been moved under section 482 cr.p.c. seeking quashing of fir no.65/2013, registered under section 135 of the indian electricity act (amend) 2003 at police station kapashera, and all proceedings emanating therefrom, on the ground that the bill raised by the electricity company in this regard has been paid in full by .....
Tag this Judgment!Court : Delhi
Decided on : Nov-10-2014
..... to incorporate the claim of infringement of trademark in the plaint.11. in the case of anglo dutch color & varnishing works ltd. vs. indian trading house, 1984 ptc54 the amendment of the plaint was sought by the plaintiff raising an additional ground as to infringement of trademark registered during the pendency of suit was allowed ..... due diligence. whereas certificate of registration of trademark no.1513434 was not in plaintiff s knowledge, power or possession at the time of filing the earlier amendment application and the plaintiff became aware of the existence of the said certificate only subsequently.6. it is the case of the plaintiff that these trademark ..... new trademark registrations under nos. 1513432, 1513433 and 1513434 which were not in plaintiff s knowledge, power or possession at the time of filing the earlier amendment application being i.a. no.300/2013. this is because certificate of registration of trademark no.1513432 though was issued on 16th march, 2011, it was .....
Tag this Judgment!Court : Delhi
Decided on : May-07-2014
..... is he entitled and what directions are necessary in this respect?.3. it was the case of the petitioner before the industrial tribunal that he was appointed as boiler attendant in akbar hotel vide letter dated january 5, 1980 and thereafter posted in hotel agra ashok vide letter dated june 17, 1986 due to the closure of ..... , the appeal being sequel to the order passed by the disciplinary authority, the court would have jurisdiction.14. insofar as the judgment in the case of the management of indian cable co. ltd., calcutta vs. its workmen, (1962) i llj409sc is concerned, i note that the same would also be not applicable in the facts of this ..... the state government having jurisdiction over the place from which the employer exercises effective control would have jurisdiction to make the reference under section 2 of the industrial disputes act. i the present case, the registered office of the respondent company is at delhi and prima facie the erective control would be at delhi. nothing has been .....
Tag this Judgment!Court : Delhi
Decided on : Feb-28-2014
..... had done it individually (refer: bharwad mepa dana air1960sc289 47. common intention which is the essence of the principle of vicarious liability manifested under section 34 of the indian penal code can be the result of a premeditated decision between several co-accused or in a given case such common intention can very well develop on the spur ..... p., : (2008) 15 scc705 the supreme court elucidated and laid down the following principles as applicable to section 34 ipc:13. section 34 has been enacted on the principle of joint liability in the doing of a criminal act. the section is only a rule of evidence and does not create a substantive offence. the distinctive feature of the ..... the accused and causing severe injuries to the other when they resisted to give them money as per their demand.46. section 34 of the indian penal code very clearly signifies that once it is found that a criminal act was done in furtherance of the common intention of all, each of such persons is liable for the criminal .....
Tag this Judgment!Court : Delhi
Decided on : Sep-09-2014
..... has filed the present suit for specific performance of an agreement to sell dated 17.9.2007. by the present application under order 6 rule 17 cpc, the plaintiff seeks amendment of the plaint. the plaintiff wishes to add paragraph 10-a.2. mr.bagai, counsel for the plaintiff submits that inadvertently a specific averment could not be made in the ..... cannot be cured.5. i have heard the learned counsel for the parties. it is a mandatory requirement as per explanation (ii) of section 16 of the specific relief act to make an averment in the plaint that the plaintiff has been ready and willing to perform his part of the agreement.6. in the present case upon careful reading ..... particular form, it can be in any form. no specific phraseology or language is required to take such a plea. the language in section 16 of the specific relief act, 1963 does not require any specific phraseology but only that the plaintiff must aver that he has performed or has always been and is willing to perform his part of .....
Tag this Judgment!Court : Delhi
Decided on : Nov-10-2014
..... to the accused and failure of justice has been occasioned. 40. reverting to the facts of this case, the appellants were charged under section 308 ipc. the specific allegations levelled against them was that they caused injuries upon vineet malik with such an intention or knowledge and under such circumstances that if ..... analysing the evidence led by the prosecution, vide impugned judgment, the learned additional sessions judge convicted the accused persons for offence under section 325/341/34 ipc and sentenced as mentioned hereinbefore.5. feeling aggrieved, separate appeals have been filed by the appellants.6. assailing the findings of the learned trial court, it ..... put to notice to meet a charge also made against them under section 306 ipc and, therefore, they are prejudiced by not framing a charge under section 306 indian penal code and; therefore, presumption under section 113-a of indian evidence act cannot be drawn and consequently a conviction under section 306 cannot be awarded. we .....
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