Court : Delhi
..... it is also not in dispute that the said house of the petitioner between the year 1997-2000 was in occupation of the indian army; thereafter the same was occupied by jandk police and was being used as a police post till september, 2005. ..... even if it is to be believed that the damage to the house of the petitioner was owing to electrical short circuit, such electrical short circuit could result in the burning down of the entire house owing to the same being abandoned. ..... had the house been lived in, the electrical short circuit, either would not have happened or would have been detected immediately and it is highly unlikely that it would have resulted in burning down of the entire house and which as aforesaid is not disputed. ..... the respondents on their part have produced the dd report as per which electrical short circuit was the cause of the fire. 7. ..... the question which thus arises for consideration is as to whether the destruction of the house of the petitioner was owing to the electrical short circuit or owing to subversive or terrorist act. ..... (c) no.10653/2006 titled smt. ..... i am moreover of the view that the burden, in the facts and circumstances, was on the respondents of proving destruction of house by electrical short circuit. ..... however, while the petitioner claims that the house was burnt down by the terrorists, the respondents attribute the same to a fire caused by a electrical short circuit. .....
Tag this Judgment!Court : Delhi
..... :- whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. 31. ..... when a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the general exceptions in the indian penal code (45 of 1860) or within any special exception or proviso contained in any other part of the same code, or in any law defining the offence, is upon him, and the court shall presume the absence of ..... (2) there is a rebuttable presumption that the accused was not insane, when he committed the crime, in the sense laid down by section 84 of the indian penal code: the accused may rebut it by placing before the court all the relevant evidence oral, documentary or circumstantial, but the burden of proof upon him is no higher than that rests upon a party to ..... section 420 indian penal code, 1860 pre-supposes that dishonest inducement/ representation has been made and acting upon the same, the opposite party/victim had parted with valuable ..... evidence qua the aforesaid offence falls short to sustain an order of conviction on the aforesaid counts. ..... stressed on one point that he was a param veer chakra (in short pvc) awardee. .....
Tag this Judgment!Court : Delhi
..... as per nimmer on copyright, article 20.01 (b) at page 2-15 "words and short phrases such as names, titles and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents are not subject to copyright". cs (os) no ..... 94 (2001) dlt 30, a single judge of this court held that advertisement slogans are, prima facie, not applicable under the copyright act and they may be protected under the law of passing off in case the plaintiff makes out a case. ..... 1999 ptc (19) 188, supreme court has held that section 44 of the copyright act, 1957 provides for registration of work in which copyright exists but in order to claim copyright registration is not necessary ..... plaintiff has filed this suit for permanent injunction regarding acts of infringement of copyright, passing off, unfair competition, dilution, rendition of accounts/damages, delivery up etc ..... under section 48 of the registration act, therefore, the act of registration is ex-facie prima facie evidence of the particulars incorporated in the ..... /2012 page 1 of 19 cheez hai" so as to result in acts of infringement of copyright, passing off, unfair competition and dilution. 2. ..... allege that plaintiff's slogan "shauq badi cheez hai" does not fall under the purview of "literary work" within the meaning and scope of the copyright act, 1957 (hereinafter referred to as "the act") therefore, enjoys no protection, inasmuch as, slogans are not protectable under the act. .....
Tag this Judgment!Court : Delhi
..... to have suffered losses since the year 2006 due to their inability to launch and publish their magazine in india, which the plaintiffs allege are directly attributable to the aforesaid infringing acts of the defendants for which the plaintiffs have claimed damages under various heads including compensatory/actual damage, damages to goodwill and reputation, and exemplary/punitive damages, in all, rs.21,00,000 ..... aforesaid injunction order was that the defendants ceased publication of their magazine muscles & fitness and instead started the publication, sale and marketing of a magazine titled fitness trainer, wherein they continued to plagiarize and entirely copy the content from the plaintiffs international magazine muscle & fitness, as was previously done by them ..... short rni) to initiate registration of their title muscle & fitness as required by the press and registration of books act, 1867 (in short the prb act) for title verification and registration of their publication title muscle & fitness, as required by the prb act.4 ..... b l a t a n t l y c o p y i n g t h e c o n t e n t o f t h e p l a i n t i f f s internationally acclaimed magazine, and reproducing the same for the defendants' indian magazine "muscles & fitness". b. ..... june, 2006, the plaintiffs decided to launch an indian edition of their magazine muscle & fitness wherein the content would be aimed and created entirely for the indian market. ..... berne and universal copyright conventions are protected under indian copyright law. .....
Tag this Judgment!Court : Delhi
..... . (c) acts having short titles that ..... the appellants have also been convicted under sections 121, 121a and 122 of the indian penal code, 1860 (ipc, for short) and sentenced to life imprisonment and fine of rs.5,000/- each and section 123 ipc and sentenced to rigorous imprisonment for ..... the relevant portion of objects and reasons for enacting explosive substances act reads as under: introduction crimes by means of explosive substances were on the increase and to combat such crimes the provisions of the indian explosives act, 1884, which was framed to prevent accidents rather than ..... ministry, we found the division was closed and it was also informed to us because of attack on indian parliament no business was being transacted and we were asked to come after few days to collect the passport ..... the indian evidence act, 1872 (1 of 1872 ), but subject to the provisions of this section, a confession made by a person before police officer not lower in rank than a superintendent of police and recorded by such police officer either in writing or on any mechanical or electronic device like cassettes, tapes or sound tracks from out of which sound or images can be reproduced, shall be admissible in the trial of such person for an offence under this act or ..... reliance was placed on the english test, reverberated in host of indian cases, to the effect that attempt amounts to taking of those steps which lead immediately to the commission of the offence but the court felt that the question is not one of .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
..... pending detailed scrutiny of each of these 139 cases, including that of yours, and taking an appropriate decision thereon in each case, after following due procedure, it is hereby directed under section 5 of the environment (protection) act, 1986 that the environment clearance accorded in respect of each of these 139 cases by moef be kept in abeyance with immediate effect and until further orders ..... the issue raised by the appellant is that they were never granted any hearing in terms of sections 8(b) and 8(c) of the commission of inquiry act, 1962 and as such the same was non est in view of the judgment of the honble supreme court in the case of state of ..... . now, it is true that since the right of prior notice and opportunity of hearing arises only by implication from the duty to act fairly, or to use the words of lord morris of borth-y-gest, from 'fair play in action', it may equally be excluded where, having regard to the nature of the action to be taken, its object ..... the power under section 25 of the act, the central government framed the environment (protection) rules, 1986 (for short the rules) which were notified on 19th ..... the appellant claims to have received for mining from the indian bureau of mines, the period is valid upto ..... the appellant were granted by the erstwhile portugal regime as title concession on 7th november, 1952 which was thereafter transmitted to the appellant by title of transmission dated 31st august, 1959 ..... (pj), indian ..... even been tabled before the indian parliament. b .....
Tag this Judgment!Court : Delhi
..... cbi, having completed investigation in the matter, filed a chargesheet on 30.06.2010 against sudipta ghosh, ashish ghosh, pradeep rana and others, under sections 7, 10, 13(2) read with section 13(1)(a) and (d) of the prevention of corruption act, 1988 (in short the pc act) and under section 120b of indian penal code, 1860 (in short ipc) alongwith sections 7, 8, 9, 10 14. ..... it appears that while, imi was preparing itself to execute the bmcs nalanda project, the central bureau of investigation (in short cbi) had received intelligence inputs, pursuant to which investigations were commenced against the then director general of ofb, one shri sudipta ghosh and ..... cause notice was issued by respondent no.2, to call upon the petitioner to explain as to why action be not taken against the petitioner, for indulging in alleged acts of payment of illegal gratification for procurement and/or implementation of the contract; which was violative of the terms of the contract. ..... it seeks to cancel a turnkey contract awarded to it, pursuant to a global tender floated, to set up a plant for manufacturing by-modular charge systems (in short bmcs), alongwith associated civil works in nalanda, in the state of bihar (hereinafter referred to as bmc project). ..... /2012 consequently, a petition under section 9 of the page 8 of 40 arbitration & conciliation act, 1996 (in short the arbitration act) was filed, which was registered as, omp no. ..... writ petition was numbered as: wp(c) 13457/2009, and was titled as, r.k. .....
Tag this Judgment!Court : Delhi
..... recorded as under: keeping in view the ill intention of the executants to evade the stamp duty and transfer mcd duty, it is a fit case for imposing penalty to the highest extent as provided under section 35 of indian stamp act, 1899 and therefore considering the whole issue, a penalty equivalent to 10 times of deficient stamp duty is imposed i.e. rs.3.66 x 1. ..... the supreme court in the aforesaid paragraphs has emphasized that while exercising the power of impounding under section 33 of the act, the authority competent and entitled to receive evidence or a person in charge of public office cannot compel a person ..... indian stamp (orissa second amendment) act, 1986, tamil nadu by pondicherry act xxi of 1970, rajasthan act no.17 of 1989 and uttar pradesh act no.22 of 1998 and west bengal act ..... deposit the said amount within stipulated period, the amount will be recovered under section 48 of indian stamp act, 1899 as an arrear of land revenue and in addition to the above action under section 62/64 of indian stamp act read with relevant provision of i.p.c. ..... kotak mahindra bank limited is a corporate body incorporated and registered under the companies act, 1956 and carrying its business of banking under banking regulation act, 1949 and is having its registered office at 36-38a, nirman bhawan, 227, nariman point, mumbai-400021 and inter alia branch office at g-9, ..... bank by way of assignment deed, assigned all its rights, titles, interests in the npa in favour of kotak mahindra bank limited .....
Tag this Judgment!Court : Delhi
..... it is alleged that sometime in june/july, 2008, the belgium company and its directors started acting against the interest of the indian company incorporated in terms of the joint venture agreement leading to disputes between the appellant and the belgium company. ..... amongst elaborate provisions made for the purpose of valuation of the land, the csa also contained clause 17 titled dispute resolution, which provided for arbitration in case of any dispute which may arise between the parties.5. ..... the order passed by the clb on 10.9.2009 was an order seeking an expert opinion regarding the fair price of the shares of the indian company which was to be determined keeping in view of the possibility of resolving the disputes between the parties amicably. ..... it was in one of those petitions that the clb, in an attempt to ascertain the fair price of the shares of the indian company, appointed jll as the valuer for valuing the land as part of the process of valuing the shares. ..... further argued on behalf of the appellant that on 18.5.2912 the appellant had sent a communication to jll requesting for appointment of an arbitrator and that this amounted to commencement of arbitral proceedings under section 21 of the arbitration and conciliation act and therefore from this date the clb lost jurisdiction to adjudicate upon the matter. ..... in the course of the hearing of the application, the appellant herein, apparently in an attempt to cut short the litigation, agreed to bear the entire fees payable to jll.4. .....
Tag this Judgment!Court : Delhi
..... estoppel is a rule of evidence and the general rule is enacted in section 115 of the indian evidence act, 1872 (in short the evidence act ) which lays down that when one person has by his declaration, act or omission caused or permitted another person to believe a thing to be true and to act upon that belief, neither he not his representative shall be allowed in any suit or proceeding between himself and such person or his representative to deny the truth of that ..... judge of this court observed as follows: in my opinion, the appellate court is also otherwise correct because as per section 115 of the evidence act, 1872, once a person having a belief that he is the owner of a plot, constructs on a plot and the real owner stands by then such real owner is estopped from claiming any title in the plot inasmuch as by standing by he has given a representation that the person who constructs on the plot had complete entitlement to ..... he also relied upon the aforesaid judgment to contend that when a man knowing fully well that he has no title to property spends money on improving it, he cannot be permitted to deprive the original owner of his right of possession of the ..... plaintiff duly acknowledged and accepted that the basement and the ground floor of the property belonged to and vest in defendant no.2 and the plaintiff did not raise any claim adverse to the right, title and interest of defendant no.2 in the basement and ground floor of the property as well as in share in the plot of land. .....
Tag this Judgment!