Court : Delhi
Decided on : Jul-01-2014
..... the parties to this agreement. the place of the arbitration shall be in delhi, in accordance with the provisions of the arbitration and conciliation act, 1996 and any statutory amendments thereof and will also be under the jurisdiction of the court at delhi. 56. the plaintiff has not taken any steps for arbitration. the ..... of additional and extra court hearings compelling the opposite party to bear the extra costs. (vi) in case of appeal to higher courts, the victim of amendment is compelled to bear considerable additional costs. all these aspects must be carefully taken into consideration while awarding the costs. 43. in the case of bharat ..... inconvenience, the opposite party must be compensated with costs. the imposition of costs is an important judicial exercise particularly when the courts deal with the cases of amendment. the costs cannot and should not be imposed arbitrarily. in our view, the following parameters must be taken into consideration while imposing the costs. these .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-01-2014
..... . rule. respondents waive service. by consent rule made returnable forthwith. 2. this writ petition is by the petitioner which is a company registered under the indian companies act, 1956 engaged, inter-alia, in the business of forwarding and clearing of cargoes of various importers and exporters at mumbai port. the petitioner has been established ..... role was limited to facilitate submission of documents. by letter dated 15th december, 2010, the client requested the assistant commissioner of customs to permit them to amend the bill of entry to assess the said vessel on temporary basis instead of permanent basis, copy of which has been annexed. based on these instructions of ..... the importer, even the petitioner requested the assistant commissioner of customs to permit the amendment of the bill of entry and assess the vessel on temporary import basis instead of permanent basis. the request made by the petitioner was allowed by .....
Tag this Judgment!Court : Delhi
Decided on : Jul-01-2014
..... for respondent no.2 relied on the statement of mr. romi sharma (head marketing of the petitioner), who was examined on oath under section 165 of the indian evidence act recorded in the first round of litigation between the parties. learned counsel for respondent no.2 relied on the said statement wherein it is recorded by the court ..... and based on the queries by the prospective bidders and the discussion held during the pre-bid conference, the corrigendum was issued on 29.02.2012 containing necessary amendments to the tender clause. in view of the corrigendum, there was no dispute that the type of equipment required to be supplied was dwdm with capacity of 80 ..... that the contract/loa was modified as there was a typographical mistake. it is submitted that neither under law nor in terms of loa, the respondent could unilaterally amend the conditions of contract requiring the petitioner to supply equipment with capacity of 80 channels though in terms of loa, it was 40 channels.4. it is contended .....
Tag this Judgment!Court : Delhi
Decided on : Jul-01-2014
..... the defendant is claimed to have replied vide its reply dated 04.09.2012, contending that the rival marks were not deceptively similar, however it offered to amend its mark clinoxid to clinoxide to distinguish the same from the plaintiffs mark clindoxyl. the offer of the defendant was not accepted by the plaintiffs on the ..... parte ad interim injunction granted in favour of the plaintiffs.11. the defendant has denied the claim of the plaintiff. the defendant claims to be a leading indian pharmaceutical company, w hose products and ethical formulations are stated to be developed through advance research and are known for their superior quality.12. the defendant claims ..... scc73it was laid down that in case of pharmaceutical products a stricter test is to be applied. any confusion qua the drugs being 12 13 section 11 of the trademarks act, 1999 prakash roadline ltd. vs. prakash parcel service (p) ltd. 48 (1992) dlt390:1992. (22) drj489sold under marks that are deceptively similar is highly .....
Tag this Judgment!Court : Delhi
Decided on : Jul-01-2014
..... . further that the plaintiffs have not referred to the alleged payment in any of their correspondences.38. learned senior counsel for the defendant referred to the un-amended plaint of the plaintiffs to show that originally the balance amount mentioned in the plaint was shown as rs.13 crores 19 lacs and in case the amount ..... of the coparceners was neither agreed upon nor necessary and it was at the request of the plaintiffs that the affidavits were executed, notarized and attested by the indian consulate in usa and sent to india. learned senior counsel contended that the draft of the affidavits was provided by the plaintiffs themselves.35. learned senior counsel for ..... the contract and sought refund. even in the absence of specific plea by the defendant, the plaintiffs had to comply with section 16(c) of the specific relief act. since the plaintiffs have failed to comply with the statutory mandate of section 16(c), the plaintiffs are not entitled to the relief of specific performance of the .....
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 : Kerala
Decided on : Jul-02-2014
..... 7 scc651 the apex court held that even after the repeal of articles 19(1)(f) and 31(1) of the constitution, as per the forty-fourth constitutional amendment act, 1978, with effect from 20.6.1979, though the right to property is no longer a fundamental right in part iii of the constitution, but it still is ..... for the board is that though there are no liabilities outstanding against the petitioner and though the allegations in the aforementioned criminal case arising under the prevention of corruption act, are unrelated to any financial loss caused to the electricity board inasmuch as the allegations are confined to demand of bribe, that w.a.2818/14 - :5 ..... course of hearing of this appeal that after the pronouncement of the impugned judgment, the writ petitioner was convicted for the aforementioned offences under the prevention of corruption act by the competent criminal court on 29.8.2009 and that criminal appeal no.1890/2009, filed against judgment of the court below, is said to be .....
Tag this Judgment!Court : Delhi
Decided on : Jul-02-2014
..... 11 cpc and contesting the said application on merits stating that cause of action has been disclosed and then turning turtle after four years and filing an application seeking amendment is clear indication that the application is not bona fide or rather it is mala fide. it also shows that no due care and attention was observed by the ..... with regard to the rejection of the plaint on 16.1.2014 that wisdom dawns on the plaintiff to file an application under order vi rule 17 cpc seeking amendment of the plaint.25. the fact that no stay is granted to plaintiff and despite contesting the application for rejection of plaint for years together yet filing an application ..... the application under order vii rule 11 cpc is still pending provided it is shown to be bona fide and meeting other requirements of law on the basis of which amendment is permissible. the other judgments cited by the learned senior counsel for the plaintiff are also on the similar lines though facts of no two cases are similar, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-02-2014
..... avoid unnecessary arrest or threat of arrest looming large on accused requires to be vitalised. section 41a as inserted by section 6 of the code of criminal procedure (amendment) act, 2008(act 5 of 2009), which is relevant in the context reads as follows: 41a. notice of appearance before police officer.-(1) the police officer shall, in all ..... above, we give the following direction: all the state governments to instruct its police officers not to automatically arrest when a case under section 498-a of the ipc is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41, cr.pc; all police officers be ..... mothers and sisters of the husbands were liberally included in their arrest net. its share is 6% out of the total persons arrested under the crimes committed under indian penal code. it accounts for 4.5% of total crimes committed under different sections of penal code, more than any other crimes excepting theft and hurt. the .....
Tag this Judgment!Court : Delhi
Decided on : Jul-02-2014
..... .24. for the foregoing reasons, the petitioner had miserably failed to prove the validity of the will in accordance with section 63 of the indian succession act and section 68 of the indian evidence act and is therefore not entitled to letters of administration. the learned trial judge in the court below has failed to apply her mind and has ..... jagdish chand petitioner herein whereas the actual fact was that the will was all along in possession of the purchaser ramesh chand sharma himself. he had therefore to amend the petition and set the record straight and thereafter relieved the said counsel mr. t.c.sharma who had been appointed for him by the petitioner jagdish chand ..... unauthorized and false averments made in the petition through the counsel of his choice and the witness during the course of the trial in his case had to amend the petition because the petitioner jagdish chand had got inserted certain facts which he had never instructed to be averred. in particular it may be stated that in .....
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