Court : Delhi
Reported in : 150(2008)DLT215; 2008(103)DRJ1
..... obligations under the said contract and/or the export contract and the l/c established there under and as may be amended from time to time, the bank shall pay to the corporation forthwith on corporation's first demand an amount of rs ..... by lebanese charterers for carriage of plaintiffs' cargo (consigned to hungary) from bairut to rijeka. discharge was delayed at rijeka and ship owners exercised lien on cargo in respect of demurrage. third defendant bank put up guarantee in london in favor of second defendant ( ..... not the goods were upon contract. 45. with reference to the decision of the house of lords reported as united city merchants (investment) ltd. and ors. v. royal bank of canada and ors. viz-a-viz a plea of fraud in ..... tribunal. indeed, the arbitral tribunal could not have proceeded to consider the issue under section 17 of the arbitration & conciliation act by predicating the discussion on the merits of the claim of the contractor. the reasons given by the arbitral tribunal pertaining .....
Tag this Judgment!Court : Delhi
Reported in : 1995(34)DRJ72
..... now the authentic charter party with some changes.in the light of it, the remarks are to be amended. you are requested not to incorporate the rough sheet remarks in statement of facts till further advise.'thanking you,yours faithfully,for bobko shipping services.sd/-capt. brtj m. talwar (mg. partner)(charteker agents only)c.c. to : m ..... to constitute an agency, it is not necessary to have a formal agreement, (babulal swarupchand shah vs. s. s. (fixeddelivery) merchants, assam (air 1960 bombay 548)). under sections 101 to 104 of the evidence act, if a person claims to bean agent of another, the burden of proof is on the person so claiming. but at the ..... later and it contained a clear admission that appellant was the charterer. dr. a. m. singhvi, sr). counsel appearing for the2nd defendant, contended that his clients acted as agents of the appellant and. thereforee, the appellant was bound by the arbitrationclause. he too relied upon the mou which contained an admission that appellant was the .....
Tag this Judgment!Court : Delhi
Reported in : 2007(3)ARBLR402(Delhi)
..... with interest at the rate of 24% per annum from the date of the award till realisation.11. the paper merchants association (regd.) is stated to be a registered association, and its 'constitution and regulations' as amended up to 30.11.2000 has been filed on record by the respondent. regulation xxx thereof is relied upon by the ..... true legal position in this matter. 29. in valliamma champaka pillai v. sivathanu pillai and ors. (1979) scc 429 it was held that under section 18 of limitation act, 1908, one of the essential requirements for a valid 'acknowledgement' is that the writing concerned must contain an admission of a 'subsisting liability'. a mere admission of ..... out of this contract shall be subject to the jurisdiction of courts in delhi' the respondent was well aware that the petitioner had shunned arbitration, yet the respondent acted in furtherance of the said purchase order by effecting supplies.19. on the other hand, there were hardly any further steps required to be taken by the .....
Tag this Judgment!Court : Delhi
Reported in : 155(2008)DLT164; LC2009(1)76
..... plaintiff; and since the corporation has an office at such place, it will also be under no disadvantage.7. we have perused the parliamentary debates relating to the amendments carried out to the law of copyright and trademark. one of the objections that was raised was that the new jurisdictional dispensation would favour multinational corporations as they ..... arisen. we need not delve further on this point beyond making a reference to oil and natural gas commission v. utpal kumar basu : (1994)4scc711 and south east asia shipping co. ltd. v. nav bharat enterprises pvt. ltd. : [1996]3scr405 . this is for the reason that with regard to the dispute before us the question of the ..... the trade marks act is to enable the plaintiff to initiate litigation at a forum convenient to it. it is not intended to allow the plaintiff to choose a territorial forum which is not convenient to either of the parties, as is demonstrated by the case in hand. bill no. xv of 1955 sought to 'amend and consolidate the .....
Tag this Judgment!Court : Delhi
Reported in : 138(2007)DLT62
..... hereafter) was entered into between the petitioner and the m/s air liquide deutschland gmbh (respondent no. 1 hereafter) on the 12th of may, 1995, which was amended in november, 1996, as a result of which, 51% holding of the petitioner company remained with the goyal group while 49% shareholding went to respondent no. 1. ..... herein. 38. it would be useful to notice the principles laid down by the apex court in : [1998]2scr1032 entitled world tanker career corporation v. snp shipping services pvt. limited and ors. the apex court was considering the territorial jurisdiction of the court to entertain and adjudicate upon the subject matter of the lis which ..... not find favor before the court on 31st january, 2005, air liquide international, respondent no. 4, herein can be held liable under the contempt of court act, 1972. 25. this court has carefully considered the responsibilities and liabilities of the respondents arrayed before it. it is trite that while considering a complaint alleging willful .....
Tag this Judgment!Court : Delhi
Reported in : 142(2007)DLT724; LC2007(2)269; 2007(35)PTC95(Del)
..... different colours. the plaintiff has defined the products in issue as 'chocolate and confectionery'. it is undisputed that these products are sold over the counter through general merchants and shops of all kinds and magnitude. the purchaser of such goods range from literate, to semi-literate to completely illiterate people and children. the consumer of ..... public of this product of the plaintiff ranges from literate, semi-literate to completely illiterate people and children and the product is sold over the counter through general merchants and shops of all kinds. it is extremely popular among the children.10. the present suit was filed on or about the 24th august, 2005 by ..... the address for service in india as disclosed in the application, is situate.(4) subject to the provisions of this act, the registry may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit.(5) in the case of a refusal or .....
Tag this Judgment!Court : Delhi
Reported in : 2007(2)ARBLR434(Delhi); 139(2007)DLT142; 2007(95)DRJ489
..... was in respect of the petition being barred by limitation. it was pleaded that the original application was for reference of disputes under a different contract while after amendment reference has been made to a different contract. learned counsel referred to a division bench judgment in p.b. enterprises, engineers and contractors, burdwan v. eastern coalfields ..... the distributors expressed their inability to take delivery of the consignment. goods were stated to be lying during this period of time at the sea port in the shipping container for over three months and this is stated to be contrary to the agreed terms.6. in view thereof, disputes are stated to have arisen between the ..... nomenclature of the petition was sought to be changed from one under section 8 of the said act to one under sections 8 and 11 of the said act. this application was allowed on 26.2.2004. a second application for amendment was also filed in terms whereof reference was made to the arbitration clause contained in the .....
Tag this Judgment!Court : Delhi
Reported in : 122(2005)DLT151; 2005(83)DRJ219
..... valid; the administrative instructions relied upon by the financial commissioner to hold such sales illegal, cannot be enforced; they were contrary to express provisions. the amendment creating a bar on registration of sales outside the city came into force subsequently.(f) the impugned order, besides not following the procedure established by law, ..... to pass orders, vis-a-vis the requirement to issue notice. reliance has been placed on the decision reported as p.k. garad v. nasik merchants co-operative bank ltd. : [1984]1scr767 . it is also submitted that the proviso is beneficial, and has to be given full effect, having regard to ..... standi to move the revision petition, well after conclusion of consolidation proceedings. the revision petitions never disclosed how they had a grievance; the financial commissioner acted in violation of law in not noticing this aspect.12. it has also been averred that the contesting respondents themselves are beneficiaries under the consolidation proceedings; .....
Tag this Judgment!Court : Delhi
Reported in : LC2007(2)323; 2007(35)PTC59(Del)
..... the products and marketing, promotional and advertising materials that bear or incorporate the geodon and/or zoloft mark which has been manufactured, distributed, sold or shipped by it, and to reimburse all customers from which said materials are recalled and to deliver to the plaintiff's attorneys or representatives for destruction all ..... present case, the plaintiff received the registration certificates in respect of these trademarks and filed an application seeking amendment of the plaint to incorporate an action for infringement of its registered trademark. this amendment was allowed by this court by an order passed on 8th february, 2006 and hence the present ..... to protect traders against those who were unauthorisedly using their marks and accordingly registration of trade marks was introduced in england by the trade marks registration act, 1875, which was soon replaced by more detailed and advance legislation. when a person gets his trade mark registered, he acquires valuable rights by .....
Tag this Judgment!Court : Delhi
Reported in : 139(2007)DLT527; 2007(95)DRJ146
..... i). this ministry has notified national highways (collection of fee by any person for use of section on national highways, permanent bridge/temporary bridge on national highways) amendment rules 2003 vide gsr no. 834 (f) dated 27th october, 2003. according to these rules certain categories vehicles, including defense vehicles, are exempted from payment ..... whatsoever, has been imposed by the answering respondent herein on dnd flyover.9. the circular issued on 15.09.2004 by the government of india, ministry of shipping, road transport and highways, department of road transport and highways, so far as it is relevant herein, reads as under:2. extracts from the indian ..... for use of a section of national highway / permanent bridge / temporary bridge on national highway, in conformity with the indian tolls (army and air force) act, 1901.xxxxx xxxxx xxxxx xxxxx xxxxx7. it is most respectfully submitted that levying of toll tax upon dnd flyover is beyond the purview of the answering respondent herein .....
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