Court : Delhi
Manmohan Singh, J. 1. The plaintiffs filed the present suit for injunction against four defendants. By this order, I propose to dispose of the above mentioned pending applications. 2. The plaintiff No. 1, Roche Products (India) Private Limited, a company incorporated under the Companies Act, 1956, as amended (the "Companies Act"), is an affiliate of plaintiff No. 2, and is the importer and marketer of innovator molecule Trastuzumab in India. Trastuzumab is stated to be a biological drug used primarily for the treatment of HER 2 positive breast cancer. In India, Trastuzumab is sold under the brand names HERCEPTIN, HERCLON and BICELTIS. It is stated that Trastuzumab has become the accepted biological treatment for HER 2 positive breast cancer on a worldwide basis and enjoys a global reputation. Plaintiff No. 2, F. Hoffmann-La Roche AG, a joint stock company incorporated under the laws of Switzerland is an affiliate of plaintiffs No. 1 and 3, and the manufacturer of innovator molecule Tra...
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A.K. Sikri, J.1. The detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities (hereinafter referred to as 'COFEPOSA') was passed detaining the petitioner herein on 2nd January, 1978. This detention order had been the subject of litigation, as would be noted at the relevant stage. Subsequently, a notice under Section 6(1) of Smugglers And Foreign Exchange Manipulators (Forfeiture Of Property) Act, 1976 (hereinafter referred to as 'SAFEMA') was issued to the petitioner on 10.02.1981 calling upon him to indicate the source of his earnings and assets out of which or by means of which he had acquired certain properties therein. After receiving the reply, the orders dated 16.09.1983 were passed by the respondents forfeiting the properties of the petitioner. Appeal against this order preferred by the petitioner was dismissed by the Appellate Tribunal on 02.03.1995. Challenging the aforesaid orders of the Competent Authority and Appellat...
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Reported in : 1997ACJ44; 1995IVAD(Delhi)307; 61(1996)DLT84
..... due to the rash and negligent driving on the part of appellant no 2. the said appellant was driving the vehicle at a slow speed and was coming from ghaziabad border to delhi and when he crossed the railway crossing, jagdish chandra came from behind the truck and without blowing any horn or giving signal tried to over-take the truck ..... away drove the truck ahead at a fast speed and ran over the body of the deceased with left rear wheel which resulted in the death of the deceased. the police came on the spot within 15-20 minutes and took the vehicle into possession, prepared the site plan and photographs were taken at the scene of accident. pw5 is the .....
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Reported in : (1997)59TTJ(Del)105
ORDERVIMAL GANDHI, J.M. :These cross-appeals by the assessees and the Revenue are directed against different orders of CIT(A). The major common controversy involved in most of appeals relates to assessment of moneylending business for which documents were seized in search carried by the Revenue on 8th August, 1995, in the premises of three brothers namely, Shri Babu Ram, Shri Gian Chand and Shri Prabhu Dayal, all sons of late Shri Shiv Charan Das. These brothers were admittedly carrying on kirana business (separately) at village Dhaunj, Distt. Faridabad, and were assessed in individual capacity relating to that business. No income from moneylending business was shown in the returns submitted by the brothers till the date of search. At the time of search, Shri Babu Ram and his brothers as also their sons admitted that they were carrying on moneylending business but did not remember whether income from above source was shown. However, during the course of assessment proceedings taken sub...
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..... , as he does not have inherent right to appear and argue; that the appellant should be medically examined whether he was suffering from any mental disorder. the sho of the police station tilak marg was directed to get the appellant admitted in the institute of human behaviour and allied sciences (ihbas, for short), shahdara, delhi. the medical superintendent of ibhas was ..... directed to submit a report within a week. the appellant was ordered not leave the premises of ihbas and the sho of the concerned police station was asked to provide adequate security. 2. by order dated 6thjanuary, 2012, in appeal, operation of the second direction in the impugned order was stayed. medical records maintained by .....
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..... emphasized that when the search for the dead body was initiated, pursuant to the disclosure statements made by the appellant, manoj, akhtar and javed, some persons had told the police officials about a bad smell emanating from another pulia, from where the dead body was subsequently recovered. thus since the body was not recovered at the instance of the ..... deceased, telephoned sh.jagbir singh at his house and told him that he wanted to speak with babli. he disclosed that he had received an anonymous call at apsara border transport office stating that shokeen pal had been kidnapped and his vehicle no. dl 5c b 2353 was parked at pahar ganj parking. caller also demanded that if they ..... loni, up, along with his uncle sh.varinder singh had left the house at about 11 a.m for his transport office which was run by the deceased at apsara border in a white maruti car no. dl 5c b 2353. however varinder singh returned home alone and slept with jagbir singh, father of the deceased. on 4th january, .....
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..... , well-meaning but without understanding. 93. the civil procedure code does not contain any provision which is pari materia to section 53 of the criminal procedure code whereby the police officer is specifically empowered to do the several acts which have been considered heretofore. the authority or source of the power of the civil court to ..... a physical nature such as the extraction of bodily substances and use of reasonable force for subjecting a person to a medical examination" in exercise of police powers under sections 53, 54 of the crpc. 27. the brief examination of the jurisprudence where compulsory testing or the permissibility of involuntary drawing of samples ..... acts. xxx 224. moreover, a distinction must be made between the character of restraints placed on the right to privacy. while the ordinary exercise of police powers contemplates restraints of a physical nature such as the extraction of bodily substances and the use of reasonable force for subjecting a person to a medical .....
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..... admission is not permissible [ref.: (1978) 2 scc 493, hajji mohd. ishaq wd. s.k. mohammed and ors. v. mohamad iqbal and mohamed ali and co.; (1982) 21 dlt 102, indo-american electricals ltd. v. m.l. sharma; air 1984 del 150, chetan lal jain v. manohar lal vohra]. where the proposed amendment has the effect of introducing an entirely new .....
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1. By this order I propose to dispose of the aforesaid interim applications preferred under Order 39 Rules 1 & 2 CPC in the three suits mentioned above.Introduction2. CS(OS) 2282/2006 has been filed by Super Cassettes Industries Limited (hereinafter referred to as ‘Super Cassettes’), which is engaged in the business of producing and marketing of audio cassettes, video cassettes, compact discs, televisions, CD players etc., The plaintiff is the proprietor of the T-series brand of music cassettes and CDs. The plaintiff claims copyright in cinematographic films and sound recordings in a large number of literary, musical and cinematographic works. The plaintiff claims that it gives licenses to other broadcasting organizations for use of the works in which it has copyright. The defendants in the suit are Shri Chintamani Rao, the Chief Executive Officer of defendant no.3 Independent News Services Pvt. Ltd. (India TV for short). Defendant no.2 Shri Rajat Sharma is the Chairman...
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Reported in : 95(2002)DLT322; 2002(61)DRJ562
Mahmood Ali Kha, J. 1. This civil revision filed under Section 115 of Civil Procedure Code raises a short but important question. The question raised may be formulated as follows:'Whether the Union of India loses the protection of Delhi Rent Control Act (in short DRC Act) after the contractual lease entered into by it with landlord has been determined by efflux of time or otherwise determined in terms of Section 106 of the Transfer of Property Act (in short T.P. Act)? Implied in it is the question whether Section 50 of DRC Act bars the jurisdiction of civil court for eviction of Union of India.' 2. The facts, shorn of unnecessary details, are succinctly set out. The petitioner leased out her premises bearing No. 34, New Market, West Patel Nagar, New Delhi to respondent No. 1 - Union of India for use as a post office by its postal service department under a lease agreement dated 29.6.1982, bearing Rs. 2000/- per month as rent, for a period of five years. The lease deed was duly register...
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