Court : Delhi
..... his grievances to extra-judicial ?enforcers (that is, goons, musclemen, underworld) for enforcing his claims/right thereby criminalising the civil society. this has serious repercussions on the institution of democracy. ? 36. we, therefore, suggest that the rules be amended to provide for actual realistic costs ?. the object is to streamline the award of costs and ..... fee. ? 24.32. in light of decided precedents, it is imperative that sicpa be burdened with heavy costs which are actual as well as realistic for instituting a civil suit for mandatory injunction and declaration without a cause of action. sicpa had a more efficacious remedy of filing appropriate recovery proceedings in terms of its ..... the judgments reported at 138 (2007) dct 62, goyal mg gases pvt. ltd. v. air liquid deutchland gambh and ors. and ilr (2012) iv del 110, punjab national bank v. virendra prakash. 24.27. in ashok kumar mittal v. ram kumar gupta, (2009) 2 scc 656, expounding on the object and scope of the jurisdiction .....
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..... of the plaint at hand, it having been subject matter, inter alia, of civil suit no.3317/2001 instituted in ahmedabad city civil court founded on the allegation of illegal access of technology by the third defendant leading to order dated 31.01.2002 which, upon being challenged by appeal from order ..... 2016 page 1 of 29 defendant (shri balaji industrial products limited, 48, industrial area, jhotawara, jaipur-302012, rajasthan), taking exception to it having been instituted before this court primarily on the ground of lack of territorial jurisdiction, raises commercial dispute claiming cause of action alleging violation and infringement by the third ..... for manufacturing units in state of telangana.9. the second defendant (national thermal power corporation limited or ntpc ) is described in the plaint as under:-" that the defendant no.2, ntpc limited, having registered office at ntpc bhawan, scope complex, institutional area, lodhi road, new delhi-110003, and having multiple regional offices .....
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..... turn, the constitution itself. (emphasis supplied) 77. the above principles are universal in application. impartiality of a judge is the sine qua non for the integrity institution. transparency in procedure is one of the major factors constituting the integrity of the office of a judge in conducting his duties and the functioning of the court. ..... their existence to a system as distinguished from subjective moods, predilections, emotions and prejudices. judges must always ensure that they do not allow the credibility of the institution to be eroded. we must always remember that justice must not only be done but it must also be seen to be done. (emphasis by us) 34 ..... include the nature of the issue to be decided. we cannot, however, conceive of circumstances in which an objection could be soundly based on the religion, ethnic or national origin, gender, age, class, means or sexual orientation of the judge. nor, at any rate ordinarily, could an objection be soundly based on the judge s social .....
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..... resources available with the tenderer. past experience may not be of much help if the machinery and equipment is outdated. conversely lack of experience may be made good by improved technology and better equipment. the advertisement dated april 22, 1993 when read with the notice for inviting tenders dated april 26, 1993 does not preclude adoption of this course of action ..... well, if the bid conditions enable fulfillment of eligibility terms, by jv partners, the principle of lifting the corporate veil should be resorted to. in patel engineering ltd. & anr. v national highways authority of india air2005delhi 298, the court had ruled that experience certificates issued to one joint venture partner, for the work it had performed, could not be ignored, since .....
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..... unsavoury language, the supreme court observed that the petitioner therein had made intentional attempt to indulge in mudslinging against the advocates, the court itself and also other constitutional institutions which clearly gave the impression that the petitioner intended to denigrate the supreme court in the esteem of the people of india and thus the court directed drawing up ..... proceeding) and tax department (not brought to this hon'ble court notice about strong points and false averments of tax payers to lose tax cases through unfair means at nation cost and c/r-1 cost and harass (c/r-) in the contempt proceeding.) means their of as the issue 14. on the face of the record, this ..... ) and tax department (not brought to this hon'ble court notice about their strong points and false averments of tax payers to lose tax cases through unfair means at nation cost and c/r-1 cost and harass contempt proceeding). (c/r-1) their in the cont.cas.(crl) 4/2015 page 15 of 35 premised 13. applicant .....
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..... available wheresoever, has further increased the familiarity in india with the marks and brands essentially sold/marketed outside. supreme court comparative recently in neon laboratories limited vs. medical technologies limited (2016) 2 scc672reiterated that first in the market test has always enjoyed pre-eminence and referred to n.r. dongre vs. whirlpool corpn. (1996) 5 ..... felt.12. yet another objection of the defendants, of the proceedings in the present suit being liable to be stayed on account of pendency of the previously instituted suit filed by the defendant no.1 against the plaintiff at bombay, also has no merit. the said suit is stated to be to prevent the plaintiffs ..... of companies records; the plaintiffs mark has become publici juris in india and the plaintiffs cannot claim any exclusive right over the same; reliance is placed on skyline education institute (india) pvt. ltd. vs. s.l. vaswani (2010) 2 scc142 9. i have considered the rival contentions. ia no.7259/2016 in cs(comm) no .....
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..... -known marks by unscrupulous parties. she relies upon the judgments of this court in sandisk llc & anr. vs. transton, c.s. (comm) 695/2017 ( decided on 10th may, 2018), cisco technology vs. yameen & another 2011 (45) ptc269(del) and lachhman das behari lal vs. ghanshyam das jetha nand & others 2007 (35) ptc693(del).14. on the other hand, learned counsel for ..... the defendants adoption of the mark ikea a `mere idea or is it much more?.2. the present suit for injunction and damages in respect of the mark ikea was instituted by the plaintiffs. vide order dated 13th december, 2017, a preliminary decree has already been passed in respect of the prayers seeking injunction in terms of paragraphs 31 (a) and .....
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..... successful in restraining several third parties indulging in misappropriation/misuse of the trade mark/name millennium in respect of the hospitality business. the plaintiff has also diligently instituted opposition/rectification proceedings against any/all conflicting millennium formative marks at the trade marks registry at all times. some undertakings given by the third parties to the ..... is prior user of the mark in indian market and in support thereof has referred to neon cs (comm) no774/2016 page 8 of 17 laboratories ltd. vs. medical technologies ltd. & ors. 2015(64) ptc225(sc) wherein the court held: 7. section 34 of the trade marks act, 1999 (the act) deserves reproduction herein: ..... name millennium, with or without prefix or suffix and gave a list of 32 such hotels etc.8. the defendant also referred to various schools, colleges, institutions and academics etc. under the said name in india and gave a list of such 14 schools etc. the defendant has also stated that various entities have .....
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..... section 71(1) of rera. read in this context, it was argued that the finding regarding concurrent remedies is applicable to cases where complaints under cpa were instituted prior to rera coming into force, in which case, rera gives the allottee an express option to withdraw pending proceedings under cpa, and proceed under rera instead ..... case. it is also made clear that i have not considered any other point raised by the parties on the maintainability or merits of the complaints before the national commission.24. for the reasons aforesaid, the petitions are dismissed, and the interim orders are consequently vacated. dasti september04 2019 hkaur/j /s prateek jalan, ..... of time were unable to proceed with cases filed by cm(m) 1244/2019 & connected matters page 14 of 25 allottees before them, until the national consumer disputes redressal commission finally decided that the consumer protection act, 1986 was an additional remedy and continued to be an additional remedy to the remedies provided .....
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..... section 71(1) of rera. read in this context, it was argued that the finding regarding concurrent remedies is applicable to cases where complaints under cpa were instituted prior to rera coming into force, in which case, rera gives the allottee an express option to withdraw pending proceedings under cpa, and proceed under rera instead ..... case. it is also made clear that i have not considered any other point raised by the parties on the maintainability or merits of the complaints before the national commission.24. for the reasons aforesaid, the petitions are dismissed, and the interim orders are consequently vacated. dasti september04 2019 hkaur/j /s prateek jalan, ..... of time were unable to proceed with cases filed by cm(m) 1244/2019 & connected matters page 14 of 25 allottees before them, until the national consumer disputes redressal commission finally decided that the consumer protection act, 1986 was an additional remedy and continued to be an additional remedy to the remedies provided .....
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