Court : Delhi
Decided on : May-02-2008
Reported in : 2009ACJ2116
V.B. Gupta, J.1. The present appeal has been filed by National Insurance Ltd. against the Interim Award passed under Section 140 of the Motor Vehicles Act, 1988 (for short as the 'Act') dated 12.03.08, by Dr. T.R. Naval, Judge, Motor Accident Claims Tribunal (for short as 'Tribunal'), Karkardooma, Shahdara, Delhi.2. Brief facts are that on 11.02.07, the deceased Sh. Umesh Kumar was going on his cycle, when he reached at National Highway No. 24, near Toll Tax, Gazipur, Delhi, the offending Truck bearing No. RJ-14-2G-7677 hit the deceased from the back side resulting in his death. The accident took place due to rash and negligent driving of the truck driver.3. Appellant in its written statement admitted that offending vehicle was insured with it vide insurance policy which was valid for the period 26.04.06 to 25.04.07.4. Vide impugned order, the Ld. Tribunal has granted interim compensation of Rs. 50,000/- along with interest @ 7% per annum from the date of filing of the petition i.e. 21...
Tag this Judgment!Court : Delhi
Decided on : May-26-2008
Reported in : 152(2008)DLT268; 2008(104)DRJ361; [2008(119)FLR184]
Pradeep Nandrajog, J.1. The above captioned appeals lay a challenge to an order dated 24.12.2001 and order dated 30.01.2003 dismissing two petitions filed by the appellant under Section 75 of the Employees State Insurance Act, 1948. In the petition filed before the learned Judge ESI Court which is the subject matter of FAO No. 88/2002 a challenge was made to an order dated 5/11.12.95 passed by the competent authority under the ESI Act 1948 followed by a letter dated 27/28.5.1996 stating that the demand raised vide order dated 5/11.12.1995 has to be satisfied. In the petition filed before the learned Judge ESI Court which is the subject matter of FAO No. 375/2003 challenge was to an order dated 13.5.1996. 2. Since the facts of both cases are near identical, at the hearing held on 5.5.2008, learned Counsel for the parties stated that reference may be made to the facts of FAO No. 88/2002. It may be stated that the dispute between the parties pertained to 2 LPG bottling plants of the appel...
Tag this Judgment!Court : Delhi
Decided on : Jul-11-2008
Reported in : 2008(37)PTC656(Del)
Badar Durrez Ahmed, J.1. By way of this application under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC'), the plaintiff seeks an ad interim injunction restraining the defendant from manufacturing, selling, marketing, advertising or in any manner whatsoever using the trademarks 'SUPER BRIGHT', 'SUPER BRIGHT EL', 'SUPER BRIGHT EL-C', 'SUPER BRIGHT EL-81', 'SUPER BRIGHT had ULTRA' and 'SUPER BRIGHT Bleach' or any other trademark which is deceptively similar or confusingly similar to the above trademarks. It is claimed by the plaintiff that it is the proprietor of the said trademarks. The suit has been filed on the allegation that the defendant is passing off its goods as those of the goods of the plaintiff by utilising the aforesaid trademarks for its goods.2. The plaintiff is in the business of manufacturing and selling various detergent products. It is the plaintiff's case that it has developed several unique and novel detergent products s...
Tag this Judgment!Court : Delhi
Decided on : Jul-25-2008
Reported in : 152(2008)DLT132; 2008(106)DRJ241
Vipin Sanghi, J.WP(C) No. 4584/2008Rule.CM No. 8838/20081. The petitioners viz. Delhi Sikh Gurudwara Management Committee (DSGMC), Shri Guru Tegh Bahadur Khalsa College, Shri Guru Nank Dev P.G. College, Shri Guru Gobind Singh College of Commerce, Mata Sundri College for Women have jointly filed this writ petition seeking a declaration that the aforesaid four colleges, namely, petitioner Nos. 2 to 5 which are being managed by the petitioner No. 1 DSGMC are Minority Educational Institutions (MEI for short) within the meaning of Section 2(g) of the National Commission for Minority Educational Institutions Act, 2004 (NCMEI Act for short) and Section 2(f) of the Central Educational Institutions (Reservation in Admission) Act, 2006 (CEI (R and A) Act for short). They have also sought a declaration that the reservation policy of the Central Government for admission and recruitment of Other Backward Classes (OBCs) is not enforceable against petitioner Nos. 2 to 5. A direction is also sought th...
Tag this Judgment!Court : Delhi
Decided on : Aug-01-2008
Reported in : 152(2008)DLT201; 2008(105)DRJ303
Vikramajit Sen, J.1. We are concerned with the rampant manipulation and misuse of the statutory right to appeal by convicts who quite palpably take recourse to filing of appeals with the sole objective of defeating justice by obtaining bail and thereafter escaping out of the reach of law. Jural compulsions dictate that this species of appeals should be consciously dismissed on the ground of occasioning gross abuse of judicial process and an annihilation of the ends of justice. This approach has found favour with the High Courts of Bombay and Patna. It is necessary to distinguish between dismissal of appeals in this set of circumstances, namely, where steps have been taken for securing the presence of the appellant by coercive means, including the issuance of non-bailable warrants or proceedings for declaring the appellant a proclaimed offender by recourse to Part C of Chapter VI of the Code of Criminal Procedure, 1973 (CrPC for short) on the one hand, and instances where the appellant ...
Tag this Judgment!Court : Delhi
Decided on : Nov-17-2008
Reported in : [2010]321ITR104(Delhi); [2009]182TAXMAN59(Delhi)
Badar Durrez Ahmed, J.1. These two appeals arise out of the common order dated 21.4.2006 passed in IT Appeal Nos 3416 and 3417/Del/2003 in respect of financial years 2000-01 and 2001-02, respectively. The sole issue sought to be raised in these appeals is whether the services rendered by the non-resident company Noble Denton and Associates Ltd, (NDAL), UAE for the transportation and jacking up of rigs, review of design and issuance of suitability certificate is covered under Section 9(1)(vii) read with Explanation 2 thereto or under Section 44-BB of the Income Tax Act, 1961. This is in connection with deduction of tax at source.2. The Tribunal concluded that a reading of the provisions of Section 44-BB as well as Explanation 2 to Section 9(1)(vii) of the said Act clearly showed that the consideration in question paid or payable by the assessee to NDAL for the services rendered was covered by the provisions of Section 44-BB and not by Section 9(1)(vii) of the Act.3. This conclusion of t...
Tag this Judgment!Court : Delhi
Decided on : Nov-28-2008
Reported in : AIR2009Delhi44; 2009BusLR280(Del); LC2009(1)252
Manmohan Singh, J.1. The present appeal has been filed under Order XLIII Rule 1 CPC against the order dated 16th July, 2008 passed by the learned Single Judge of this court allowing the application of the respondent (plaintiff in the suit) under Order XXXIX Rule 1 and 2 CPC for restraining the appellant/defendant from reproducing, printing, publishing and distributing, selling or offering for sale prints in any form, whatsoever that are colourable imitation or substantial reproduction of the plaintiff's fabric prints including the underlying drawings/sketches thereof and dismissing the application of appellant (defendant in the suit) under Order XXXIX Rule 4 CPC read with Section 151 for vacation of ex-parte injunction order passed by this court on 2nd February, 2007.2. The Plaintiff-Respondent herein filed a suit CS (OS) No. 183/2007 on 01.02.2007 seeking a decree of permanent injunction, damages and rendition of accounts against the defendant for infringement of the Plaintiff's alleg...
Tag this Judgment!Court : Delhi
Decided on : Dec-19-2008
Reported in : 156(2009)DLT172
Gita Mittal, J.1. This writ petition has been filed by Aditya Khanna assailing the action of the respondents in revoking his passport bearing No. F 4812183 without issuance of a notice to show cause and grant of an opportunity to represent against the proposed action. The action is assailed also on the ground of malafide and that no order has been communicated to him till date.2. Certain public allegations into the administration and management of the United Nation Oil for Food Programme in Iraq were made. As a result, the United Nations Security Council appointed an independent high level inquiry headed by Mr. Paul Volcker, a former chairman of the United States Federal Reserve to look into the administration and management of the programme in Iraq. On 27th October, 2005 the Volcker Committee submitted its fifth and final substantiative report setting out the manner in which Iraq had manipulated the programme to dispense contracts on the basis of political preference and to derive ill...
Tag this Judgment!Court : Delhi
Decided on : Dec-08-2008
Reported in : 2009ACJ1189
V.B. Gupta, J.1. By this common judgment, I shall dispose of the above two appeals filed by the Appellant-Insurance company.2. These two appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 (for short as 'Act') against the impugned judgment dated 12th September, 2007 passed by the Dr. T.R. Naval, Judge, MACT (for short as 'Tribunal').3. Brief facts of this case are that on 18th July, 2004 at 1.20 P.M., deceased Mukesh Jain, was driving his two wheeler scooter No. DAI-1835 on which his son namely Master Shashank Jain was pillion rider. When they reached near SDM office, Geeta Colony, Delhi, all of a sudden the offending motorcycle bearing No. DL-7S-G-3282 being driven by its driver respondent Jatin Singh, in a very rash and negligent manner, without blowing any horn, tried to overtake the scooter of the deceased and in that process struck against the scooter of the deceased with a great force due to which the deceased and his son were thrown on the road. The decease...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : Mar-18-2008
1. Pursuant to a departmental enquiry, Satish Kumar, a constable in Delhi Police, the applicant herein, has been inflicted punishment of forfeiture of one year's approved service temporarily for a period of one year entailing reduction in his pay from Rs. 4560/- p.m. to Rs. 4475/- p.m. The enquiry officer after recording the statements of HC Suraj Singh (PW-1), W/HC Adesh Kumari (PW-2), ASI Harpal singh (PW-3), SI Jasvinder Singh (PW-4), Krishan Singh (PW-5), Const. Syambir Singh (PW-6) and Inspr. Ishwar Singh (PW-7), framed the following charge against the applicant: You Const. Satish Kumar No. 2149/SD is hereby charged that while you were posted in P.S. Hauz Khas, on 16/07/99 at about 2.35 A.M. you const. Satish Kumar illegally trespassed in the flat No. F-4 Police Colony, P.S. Hauz Khas of Inspector Ishwar Singh while you were under the influence of liquor and was wearing only underwear. Shri Krishan Singh brother of Inspector Ishwar Singh was sleeping in the room who awakened and ...
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