Court : Delhi
Decided on : Sep-17-2008
Reported in : 2008(106)DRJ482; LC2008(3)402; 2008(38)PTC385(Del)
S. Ravindra Bhat, J.1. This order will dispose of IA No. 9823/2005, IA No. 647/2006, IA No.51/2006 preferred under Order 39 Rule 1 & 2 and Order 39 Rule 4 of the Code of Civil Procedure, 1908, respectively. The plaintiff allegs violation of copyright in its literary work and seeks an order restraining the defendants from infringing its copyright. 2. The plaintiff is a well-known publisher of academic books, and started publishing in India in 1912. It has established show rooms in different places of India. The plaintiff avers to publishing substantial number of school books for use from Kindergarten to the twelfth standard, with the help of a team of highly trained and committed editorial, research, production and marketing professionals. These books cover most disciplines including science, mathematics, languages, humanities and economics, for most Educational Boards including CBSE and ICSE. 3. The plaintiff has published, in two parts, a text book for the students of Class XI, follow...
Tag this Judgment!Court : Kolkata
Decided on : Sep-17-2008
Reported in : [2009]150CompCas113(Cal),[2008]88SCL23(Cal)
Pinaki Chandra Ghose, J.1. This appeal is against an Order and/or judgment dated 6th July, 2007 passed by the Learned Appellate Tribunal.2. The facts of this case briefly are as follows:An order was passed by the Special Director (Appeals) Foreign Exchange Management Act forming a common adjudication order dated 30th December, 2004 where the adjudicating authority imposed penalty of Rs. 10 lacs against the appellant company and Rs. 10 lacs against the appellant Managing Director for contravention of Section 10(6) of Foreign Exchange Management Act, 1999 (hereinafter referred to as 'the said Act') on the ground that the appellants after taking remittances of foreign exchange of US Dollars 35766 and FRF 374000 on 18th April, 2000 and 19th June, 2000 respectively for import of refrigeration machinery so as to use the same in Hotel Industry in fact failed to do so and also failed to file the proofs thereof.3. It further appears that the appellant company filed an appeal before the Learned ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-2008
Reported in : AIR2009SC204; 2009CriLJ378; 2008(12)SCALE604; 2008AIRSCW7139
Altamas Kabir, J.1. These three appeals arise out of the judgment and order dated 1st December, 2004, passed by the Uttaranchal High Court dismissing the appeal filed by the appellants herein (Criminal Appeal No. 851/01) against the judgment and order of the Sessions Judge, Almora, in ST No. 36 of 1987, convicting the appellants under Sections 302/34, 201/34 and 394 Indian Penal Code. One of the accused, Ratan Singh, died during the trial which abated against him and continued against the other accused persons.2. According to the prosecution, on 26th February, 1987, the deceased Bhupal Singh @ Joga Singh of village Sain Bagaria, District Almora, Uttaranchal, went to the Mela held at village Dabra on the occasion of Shiv Ratri along with his wife and two children. He had taken an amount of Rs. 3,000/- with him for purchasing two bullocks and a goat. While at the Mela, he met Gusain Singh and remained at the Mela with his wife and children till 4.30 p.m. when he sent them back to their v...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-19-2008
Reported in : 2008CriLJ4587; 2008(12)SCALE608; 2008AIRSCW6273; 2008(5)LH(SC)3775.
Arijit Pasayat, J.1. Leave granted.2. Challenge in this appeal is to the judgment of the Division Bench of the Chattisgarh High Court, dismissing the appeal filed by the appellant. Challenge in the appeal was to the judgment of the learned Special Judge, Raipur, in S.T. No. 53/2000 who found the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code, 1860 (in short `IPC') and Section 3(2)(v) of the Schedule Castes and Schedule Tribes (Atrocities) Act, 1989 (in short the `Atrocities Act') Life sentence was imposed in respect of the offence 302 IPC, however, no separate sentence was imposed for the offence relatable to Section 3(2)(v) of the Atrocities Act.3. Prosecution version, in a nutshell, is as follows:On 20.8.2000 at about 6 p.m. Bholaram (PW-3) lodged a report in the Police Station Basna before Station House Officer D.K. Sharma (PW-9) to the effect that today at about 3 p.m. when he along with his father was digging groundnuts in their agricultural...
Tag this Judgment!Court : Mumbai
Decided on : Sep-19-2008
Reported in : (2008)110BOMLR3069
R.C. Chavan, J.1. This petition is directed against Order dated 19.12.2002 by the Chief of Naval Staff upon a judicial review of trial of petitioner by Court martial whereby punishment of 'dismissal with disgrace' imposed upon the petitioner was reduced by the Chief of Naval Staff to dismissal simplicitor.2. Facts which are relevant for deciding this petition are as under:It is not in dispute that since joining the Indian Navy on 26th June 1978, the petitioner had an unblemished service record and received timely promotions. Since 16.02.1999, petitioner was posted at the Naval Air Squadron at Dabolim Airport, Goa. He was serving in April 2001 as the Master Chief in charge of Air Store/Naval Store. On 04.04.2001, requisition for a spare part of a Naval Aircraft was placed. Proper spare could be secured only on 06.04.2001.3. Petitioner was not on duty on 06.04.01. At 7.30 p.m., he received a message that he had to report immediately to Lt. Commander A. Muthu. On reaching the office of Lt...
Tag this Judgment!Court : Kolkata
Decided on : Sep-19-2008
Reported in : (2009)1CALLT158(HC)
Jayanta Kumar Biswas, J.1. Haldiram Limited, a company incorporated under the provisions of the Companies Act, 1956, has taken out this writ petition dated Februry 14th, 2008 seeking the following final reliefs:(a) Writ in the nature of Mandamus do issue commanding the respondents and/or each one of them: (i) To act and proceed in accordance with law; (ii) To execute the lease deed in favour of the petitioner in terms of plot No. C-5 being premises No. 1726, Rajdanga Road, Kolkata-700107 as stated in the notice innting tender, brochure and Deed dated 22nd May 2003; (iii) To withdraw/rescind/set aside the order dated 8th January 2008 canceling the Licence Deed being Annexure 'P55' and the Refund Advice dated 1st February 2008 being annexure 'P51' hereof;(b) A writ in the nature of prohibition do issue restraining the respondent authorities and/or each one of them from taking any steps in furtherance to the order dated 8th January 2008 including taking over possession of the land from th...
Tag this Judgment!Court : Allahabad
Decided on : Sep-19-2008
Reported in : 2008(4)AWC3922
V.K. Shukla, J.1. Tenant Swaraj Kumar has approached this Court questioning the validity of the decision dated 19.9.2005, passed in Rent Control Appeal No. 19 of 2004, Arvind Kumar v. Swaraj Kumar passed by the Special Judge (E.C. Act)/Additional District Judge, Moradabad allowing release application, preferred on behalf of the landlord under Section 21 (1)(a) of U.P. Act No. 13 of 1972.2. Petitioner has been tenant of non-residential accommodation on monthly rent of. Rs. 700 per month situated at opposite H.S.B. Inter College, Moradabad wherein he has been doing his extensive business of brass manufacturing. Arvind Kumar landlord filed application under Section 21(1)(a) of U.P. Act No. 13 of 1972 on 20.10.2003 for release of premises in question in occupation of the tenant for settling his two sons claiming them to be unemployed. Said release application was contested by the petitioner by filing his. written statement on 7.1.2004 and therein plea was taken that petitioner was running ...
Tag this Judgment!Court : Rajasthan
Decided on : Sep-24-2008
Reported in : AIR2009Raj38; 2009(1)WLN373
Prakash Tatia, J.1. The facts in brief as pleaded by both the appellants are that both the appellants fell in love with each other and without the consent of their parent entered into wedlock on 26-8-2006 by following the rites of Arya Samaj. They could not live together for a single day (or night) as immediately after their marriage, the fact of marriage of the appellants came in knowledge of their parents and they did not accept this marriage. Because of above fact situation only, the appellants stated that the 'appellants do not want to live together nor they want to continue this marriage relation because they contacted the marriage because of their lack of understanding'. They further pleaded that not only they did not live together for a single day (or night) after marriage, but they did not meet with each other for a single moment after the marriage. With these averments, the appellants, husband and wife filed present petition before the Family Court under Section 138 of the Hin...
Tag this Judgment!Court : Orissa
Decided on : Sep-24-2008
Reported in : 107(2009)CLT122; 2008(II)OLR911
B.P. Das, J.1. The petitioner is a company registered under the Companies Act, 1956 and is engaged in the business of purchase of manganese ore from G.P. No. 5- M/s. Bhanja Minerals Pvt. Ltd., which has been granted two Mining Leases under the Mines and Minerals (Regulation & Development) Act, 1957 (MMRD Act, in short) for iron and manganese ore in village Inganijharan and iron ore in village Deojhar, both in the district of Keonjhar, and is engaged in the business of mining of iron and manganese ore.The petitioner-company through its Partner-Biplab Roy has filed this writ petition questioning the legality and validity of the Notification dated 15.1.2004 issued by the Government of Orissa in the Department of Steel and Mines, vide Annexure-2, declaring the Policy Decisions on grant of mining lease and transfer of land for commercial projects in Scheduled Areas, 2003, more particularly Clause 8 (e) thereof and praying for issuance of a writ of certiorari quashing the said Notification i...
Tag this Judgment!Court : Kerala
Decided on : Sep-25-2008
Reported in : 2009ACJ2272
Nair Harun-Ul-Rashid, J.1. Right of succession of illegitimate children born to Christian parents is the bone of contention cropped up for consideration in this case. While considering this, following issues arise for consideration:(i) Whether the requirement of a central legislation recognising the right of illegitimate children of all classes irrespective of their religion to inherit the property of their parents is the need of the hour?(ii) Whether illegitimate children born to Christian father and mother are entitled to inherit the property of their father under the Indian Succession Act?(iii) Whether children born to parents living as husband and wife during the subsistence of the father's first marriage are legitimate or illegitimate in the eyes of law?2. The appeal is directed against the award passed by Motor Accidents Claims Tribunal, Pala in O.P. (MV) Nos. 1073 and 1270 of 1995. The case of the appellants in brief is as follows:The deceased Dr. Antony was a 36-year old doctor...
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