Court : Delhi
Decided on : Jun-13-2014
..... the respondent to claimant?. b. whether respondent is stopped from disputing the chargeable sub-lease area specified in the deed of sublease dated 29th september, 2007 read with amended to sub-lease deed dated 21st october, 2008?. c. whether either party is guilty of any fraud or misrepresentation in regard to the area to be charged for ..... that liability for payment of stamp duty as demanded by noida by notice dated 12.2.2013 in respect of deed of sub-lease dated 29.9.2007 as amended, is solely on the respondent. 5. by order dated 20th december, 2013, the court disposed of the section 9 petition with certain agreed directions, which inter ..... , 2011, sbpl transferred all the rights and liabilities under the sub-lease deed to the appellant except for the amendments contained in the said letter of attonrment.3. the appellant filed a petition under section 9 of the act, inter alia, seeking direction against the respondent to furnish a bank guarantee to secure the outstanding rent based on .....
Tag this Judgment!Court : Delhi
Decided on : Jul-01-2014
..... agree upon the future course of action depending upon the circumstances prevailing at that time. 23. it is not in dispute that the period of 8. days stands amended to 45. days . accordingly, the first extension was granted by the respondent for a period of 450 days, as already noticed above.24. mr. sethi submits ..... terminable, in terms of the contract between the parties themselves. 42. lastly, mr. vasisht has placed reliance on paragraph 11 of the judgment of the supreme court in indian oil corporation ltd. vs. amritsar gas services & others, (1991) 1 scc533 the supreme court held in following extracts: 11. we may at the outset mention that ..... hon ble mr. justice vipin sanghi judgment vipin sanghi, j.1. this petition has been preferred by the petitioner under section 9 of the arbitration & conciliation act, 1996 (the act) primarily to seek a restraint against the respondent from giving effect to the termination of contract between the parties, in pursuance of the termination letter dated 07. .....
Tag this Judgment!Court : Delhi
Decided on : Jul-07-2014
..... in terms of the said provision it would not be necessary to implead the appellants in the suits filed in this court. section 19 of the specific relief act, 1963 reads as under:- 19. relief against parties and persons claiming under them by subsequent title.- except as otherwise provided by this chapter, specific performance of ..... plaint shall, unless the court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant. (5) subject to the provisions of the indian limitation act, 1877 (15 of 1877), section 22, the ..... persons claiming under them are necessary parties and persons claiming adversely to the vendor are not necessary parties. it was submitted that section 19 of the specific relief act, 1963 is exhaustive and only parties to the contract could be made parties to a suit for specific performance. it was contended that the scope of the .....
Tag this Judgment!Court : Delhi
Decided on : Jul-07-2014
..... in terms of the said provision it would not be necessary to implead the appellants in the suits filed in this court. section 19 of the specific relief act, 1963 reads as under:- 19. relief against parties and persons claiming under them by subsequent title.- except as otherwise provided by this chapter, specific performance of ..... plaint shall, unless the court otherwise directs, be amended in such manner as may be necessary, and amended copies of the summons and of the plaint shall be served on the new defendant and, if the court thinks fit, on the original defendant. (5) subject to the provisions of the indian limitation act, 1877 (15 of 1877), section 22, the ..... persons claiming under them are necessary parties and persons claiming adversely to the vendor are not necessary parties. it was submitted that section 19 of the specific relief act, 1963 is exhaustive and only parties to the contract could be made parties to a suit for specific performance. it was contended that the scope of the .....
Tag this Judgment!Court : Delhi
Decided on : Aug-08-2014
..... j1 the petitioner has filed the present petition under section 34 of the arbitration & conciliation act, 1996 (hereinafter referred to as the act) for setting aside award dated 03.06.2009 alongwith notice dated 11.06.2004 amending the award dated 03.06.2009. ===================================================================== 2. the arbitral tribunal by the award dated ..... item 10 of bill of quantities was inadvertently mentioned as sqm. instead of cum. the bidders were requested to submit bids as per the amended bill of quantity.5. the respondent amongst other submitted its bid. the bid of the petitioner was accepted and contract agreement dated 17.05. ..... submissions made and a detailed speaking order has been passed.20. he further submitted that in an award of about rs.1366 lakhs, the amendment is of only about rs.3.3 lakhs. it is submitted that the award contained computational and typographical errors which were noticed by the .....
Tag this Judgment!Court : Delhi
Decided on : Aug-04-2014
..... which were filed along with plaint. the plaintiff is also not filing up the lacuna as it is the admitted position that the plaintiff company is registered under the indian companies act. the plaint is signed by the director of the company and the present suit is otherwise maintainable under order 29 of cpc.10. counsel for the plaintiff has referred ..... , has to be considered by the court at the time of hearing of the appeal on merits.15. insofar as the principles which govern the question of granting or disallowing amendments under order 6 rule 17 c.p.c. (as it stood at the relevant time) are concerned, these are also well settled. order 6 rule 17 c.p.c ..... pleadings at any stage of the proceedings. in pirgonda hongonda patil v. kalgonda shidgonda patil and ors. air1957sc363which still holds the field, it was held that all amendments ought to be allowed which satisfy the two conditions: (a) of not working injustice to the other side, and (b) of being necessary for the purpose of determining the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-07-2014
..... by explicitly providing that such action shall also constitute an infringement under this act. this provision will bring this clause in harmony with the proposed amendments to sections 20 and 22 of the companies act, 1956. sections 20 and 22 of the ca have been amended to provide that where the name of a company resembles a registered trade ..... of the registered trade mark; or (b) the reputation of the registered trade mark.36. the expression 'mark' has been defined in section 2(m) of the tm act to include "a device brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof."(emphasis ..... who have no intention of coming to india or introducing their product in india should not be allowed to throttle an indian company by not permitting it to sell a product in india, if the indian company has genuinely adopted the mark and developed the product and is first in the market. thus the ultimate test should .....
Tag this Judgment!Court : Delhi
Decided on : May-23-2014
..... to cheat the plaintiffs. the plaintiff sent a legal demand notice dated 16.02.2011 to the defendant under section 138 of the negotiable instruments act, 1881, as amended, calling upon the defendant to pay the amount of the dishonoured cheque within the time stipulated, but despite receipt of the aforesaid notice, the ..... deposed that having no other option plaintiff no.1 was constrained to initiate criminal proceedings under the provisions of section 138 of the negotiable instruments act, 1881, as amended against the defendant and the same is pending in the court of m.m., saket district courts, delhi.12. pw-1 has also deposed ..... which, plaintiffs shall be constrained to initiate appropriate proceedings against the defendant for recovery of the aforesaid amount, besides criminal proceedings under relevant provisions of the indian penal code. however, the defendant despite receipt of the aforesaid notice dated 10.06.2011 failed to liquidate the outstanding amount. the notice dated 10.06 .....
Tag this Judgment!Court : Delhi
Decided on : Jul-21-2014
..... she died, are neither here nor there for the reason though initially charged for the offence punishable under section 302 ipc, the prosecution itself got the charge amended to one under section 304b ipc. besides, said argument for being considered would require the prosecution to prove that the accused were present in the ..... dowry. the deeming fiction is that such husband or relatives shall be deemed to have caused her death, called dowry death. section 113b of the indian evidence act, 1872 raises a presumption as to dowry death, by requiring the court to presume that the person who subjected the woman to cruelty or harassment ..... anr. statements making casual reference to family members of the husband, be it the brother, unmarried sister or the parents without specific allegations bringing out the acts or the utterances of the individual accused were held to be worthless. bald allegations without particulars were also held worthless. unless allegations of active involvement with particulars .....
Tag this Judgment!Court : Delhi
Decided on : Nov-20-2014
..... . against the defendants. the case set up by the plaintiff in the plaint is as under :2. the plaintiff earlier a public limited company incorporated under the indian companies act has been converted into a private limited company. mr.manoj dabke is the authorized signatory of the plaintiff to institute the present suit. it is further averred that the ..... application to bring on record his legal heirs was moved on record. defendant no.2 was also proceeded ex-parte by an order dated 31.05.2013. the amended memo of parties was filed excluding the name of defendant no.3. the plaintiff was permitted to file affidavit by way of evidence by an order dated 22.05 ..... by it has been described in detail. all these features are artistic features and constitute the original artistic features within the meaning of section 2(c) of the indian copyright act. the plaintiff is the owner of the copyright therein and is using it continuously and regularly since the year 1989.3. it is further pleaded that on account .....
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