Court : Delhi
Decided on : Sep-11-2014
..... our attention to section 2(7), which defines interest to mean interest on loans and advances made in india and after amendment w.e.f. 1st oct, 1991, it includes bills discounting. section 2(7) of the act, as amended with effect from 1st oct, 1991, reads as under: 2(7) interest means interest on loans and advances made ..... was overruled and after referring to series of decisions in director of enforcement vs. mctm corpn. (p) ltd. (1996)2 scc471 jk industries ltd. vs. chief inspector of factors & boilers, (1996) 6 scc665 r.s. joshi vs. ajit mills ltd. (1977) 4 scc98 gujarat travancore agency vs. cit (1989) 3 scc52 swedish match ab vs. sebi (2004) ..... order passed by the commissioner of income tax (appeals) deleting penalty of rs.44,42,839/- imposed by the assessing officer under section 13 of the interest tax act, 1974 ( act , for short).2. the respondent-assessee, a government of india undertaking, was engaged in the business of general insurance during the period in question. pursuant to the .....
Tag this Judgment!Court : Delhi
Decided on : Apr-29-2014
..... the commission of the decoity and was instrumental to provide 17 live cartridges from nepal. subsequently, charge was amended and abdul aziz was exonerated of all the offences except 412 ipc.4. material witnesses examined to establish the charge under section 412 ipc are pw-32 (si vijay kumar dahiya), pw-24 ( ct.shailendra) and pw-34 (ct.suresh ..... and chhote lal by an order dated 30.11.2006. separate charge under section 412 ipc was also framed against them. after wazid s arrest, similar charges were also framed against him by an order dated 25.05.2007. subsequently, amended charge was framed by an order dated 15.03.2011 only against accused shivam yadav, chhote ..... lal and wazid for committing offences under sections 120 b; 395/34 and 397 ipc. separate charge under section 27 arms act was also framed against shivam yadav and wazid. the prosecution .....
Tag this Judgment!Court : Delhi
Decided on : May-16-2014
..... one suit has been dismissed. but a first appeal is pending.12. in cs (os) no.118/2007 as many as sixteen applications praying for interim orders, amendment of the plaint, impleadment/transposition of parties, perjury and filing additional documents were filed. twelve of which have been disposed of. four still remain.13. in cs( ..... transposition being allowed anand has taken resort to appellate proceedings.21. cs (os) no.1798/2011 was filed by janak datwani inter-alia challenging anand datwani acting on behalf of the company and entering into a joint development agreement for the gurgaon property on the strength of anand datwani claiming 99% shareholding in the company ..... the issue pertaining to possessory rights by way of interim measures in the property at 6, friends colony west. we stay the proceedings under the domestic violence act, 2005 initiated by jamna datwani against janak datwani.32. we bring the curtains down by reiterating that the subject matter of the two appeals stood resolved .....
Tag this Judgment!Court : Delhi
Decided on : May-16-2014
..... one suit has been dismissed. but a first appeal is pending.12. in cs (os) no.118/2007 as many as sixteen applications praying for interim orders, amendment of the plaint, impleadment/transposition of parties, perjury and filing additional documents were filed. twelve of which have been disposed of. four still remain.13. in cs( ..... transposition being allowed anand has taken resort to appellate proceedings.21. cs (os) no.1798/2011 was filed by janak datwani inter-alia challenging anand datwani acting on behalf of the company and entering into a joint development agreement for the gurgaon property on the strength of anand datwani claiming 99% shareholding in the company ..... the issue pertaining to possessory rights by way of interim measures in the property at 6, friends colony west. we stay the proceedings under the domestic violence act, 2005 initiated by jamna datwani against janak datwani.32. we bring the curtains down by reiterating that the subject matter of the two appeals stood resolved .....
Tag this Judgment!Court : Delhi
Decided on : Jan-17-2014
..... of disputes arising out of this contract shall be resolved through the process of settlement of disputes and arbitration. the provisions of arbitration and conciliation act, 1996 and subsequent amendments thereof shall apply. the arbitration proceeding shall be held at new delhi and the award shall be published in english language only. the sole arbitrator ..... person appointment by him whether or not from the parties concerned. 12. the hon ble supreme court in the case of newton engineering and chemicals ltd. vs. indian oil corporation & ors.(supra) and others held as follows: 8. having regard to the express, clear and unequivocal arbitration clause between the parties that the ..... . learned counsel for the defendant further submits that the judgment of the hon ble supreme court in the case of newton engineering and chemicals ltd. vs. indian oil corporation & ors. (supra) would not be applicable to the facts of this case inasmuch as in that case the arbitration clause provided that no person .....
Tag this Judgment!Court : Delhi
Decided on : Oct-14-2014
..... . 25. in another decision, i.e. t. sham bhat v union of india 1994 supp (3) scc340 the vires of regulation 2 of the indian administrative service (appointment by selection) second amendment regulations. 1989 - the ias second amendment regulations was challenged before the supreme court. holding the increase in number of years of continuous service of non-state civil service class-i officers ..... continuous service of non-state civil service class-i officers which made them eligible for selection to the indian administrative service under the ias selection regulations should have been increased to 12 years of their continuous service by regulation 2 of the ias second amendment regulations. in fact, no plausible reason has been out forth as to why such increase was made .....
Tag this Judgment!Court : Delhi
Decided on : Apr-04-2014
..... adopted by the respondent is very similar to the applicant s label/ trade dress that there is every likelihood of the same deceiving unwary purchasers that the goods acts which they were purchasing were those of the plaintiff. in the light of this discussion, i have no hesitation in holding that the applicant herein has made ..... from customers to customer and copying of the trade dress and colour combination of product would also give rise to passing of action within the definition of trademarks act, even if the names of the products were altogether different. the court further held that similarity of trade dress as substantially apparent from the look of the ..... coram: hon'ble mr. justice kailash gambhir order kailash gambhir, j c.m. appl. no.2992/2012 1. by this application filed under section 5 of limitation act, the applicant seeks condonation of delay of 32 days in filing the accompanying review application. for the reasons stated in the application, the same is allowed and the delay .....
Tag this Judgment!Court : Delhi
Decided on : Mar-25-2014
..... as a product originating from the plaintiff alone. on the basis of wide coverage received by the product of the plaintiff sold under the trademark viagra , in many major indian and international magazines, medical books, journals etc, and also on the basis of enormous turnover generated by the plaintiffs for years under the trademark viagra, the plaintiffs have ..... thus, suffer the consequences of damages as stated and set out by the plaintiffs. there is a larger public purpose involved to discourage such parties from indulging in such acts of deception and, thus, even if the same has a punitive element, it must be granted. r.c. chopra, j.has very succinctly set out in time incorporated ..... and ors., 2008 (38) ptc325(del), it was observed as under:15. a mark, is said to be deceptively similar to another (section 2(1) (h), trademarks act, 1999) if it so nearly resembles that other mark as to be likely to deceive or cause confusion. section 29(1) deals with a situation where the defendant uses a .....
Tag this Judgment!Court : Delhi
Decided on : Jan-06-2014
..... and the indian legal system...............................................................................................25. ....................hence the plaintiff is entitled for the relief of anti-suit injunction as india is the forum of convenience..................26. in case, the defendant files any proceedings in singapore then liberty be given to the plaintiff to amend this suit to bring a specific prayer ..... it is, therefore, most respectfully prayed that this hon'ble a) restrain the defendant, her successors, assignees, her agents and any other who is acting on her behalf from proceeding in the divorce suit no.1364 of 2012/v titled as anu singh bhatia vs. ponty singh; b) the defendant be ..... marriage of the parties and in fact is the only court which can dissolve their marriage in accordance with the provisions of the hindu marriage act since the marriage was performed at delhi.16. after giving my thoughtful consideration to the entire submissions made from both the sides i have .....
Tag this Judgment!Court : Delhi
Decided on : Jan-27-2014
..... cause of justice and a strict interpretation which would cause irreparable loss and disadvantage to the wife ought not to be taken.3. section 65 of the indian evidence act prescribes the conditions for admissibility of physical records which inter alia requires a certificate to be adduced along with the purported evidence.4. sub-section 4 reads ..... now would have its own cascading effect 1 gold rock world trade ltd. v veejay lakshmi engineering works ltd. (2007 (143) dlt113 in the form of an amendment of the written statement/reply, a rejoinder thereto issues have framed fresh evidence to be led, etc. this would unnecessarily delay the proceedings and also defeat the scheme ..... that the documents sought to be adduced now as a part of the evidence in any case not as per the requirement of section 65b of the indian evidence act, 1872. counsel for the petitioner on the other hand says that the proceedings pending before the trial court are in the context of a socially beneficial legislation .....
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