Court : Delhi
Decided on : Feb-24-2012
A.K. SIKRI1. Very brief yet crisp order dated 30th June, 2010 passed by the Copyright Board on an application preferred by the respondent no.2 herein under Section 50 of the Copyright Act, 1957 is the subject matter of the present appeal. The respondent no. 2 had filed the said application for expunction of registration number A-62685/02 granted by the Registrar in favour of the appellant herein. Before we take note of the basis on which expunction of the registration was sought, it would be apposite to find out what this registration is about. The appellant which is a registered partnership firm with its office in Kathmandu, Nepal claims that it is a well established and renowned firm engaged in the business of manufacturing and marketing of sports shoes and footwear since 1990. It also boost about the excellent quality of its product which has demand in Nepal as well as in India. The goods are manufactured and marketed under the trade mark „GOLD STAR‟alongwith the side tr...
Tag this Judgment!Court : Delhi
Decided on : Feb-24-2012
ANIL KUMAR, J. 1. The petitioner has sought the quashing of order dated 8th April, 1998 removing him from the service on account of continuously overstaying after joining time from 29th April, 1997 without permission of the competent authority and the order dated 27th February, 1999 dismissing his appeal by the Deputy Inspector General. 2. Brief relevant facts are that the petitioner was appointed in the Central Industrial Security Forces i.e. CISF as ASI/Exe (Sports Quota) on 6th June, 1992 and was assigned number 922230059. The petitioner was given a regular posting to CISF Unit, UTPS, Ukai on 18th April, 1997 vide movement order No.E-38014/CISF/ADM/ 97/920 dated 18th April, 1997 with directions to report to his new place of posting i.e. at CISF Unit, UTPS, Ukai, after availing his normal joining time of 10 days. 3. The petitioner was to join his new unit on 29th April, 1997 (forenoon) but he failed to do so and continued overstaying from joining time. 4. The petitioner asserted tha...
Tag this Judgment!Court : Delhi
Decided on : Feb-21-2012
VIPIN SANGHI, J. 1. The present petition has been preferred under Sections 10 and 12 of the Contempt of Courts Act, 1973 read with Article 215 of the Constitution of India, with the allegations to the effect that the respondent has deliberately and willfully disobeyed the orders dated 30.09.2010 and 05.04.2011 passed by the Guardianship Court, Saket Courts, New Delhi, passed in Guardian Case No.66/2010 and also the orders of the Metropolitan Magistrate dated 13.10.2011 in CC No.332/1, and of the Additional Sessions Judge dated 19.10.2011 passed in Protection of Women from Domestic Violence Act, 2005 (DV Act) proceedings. 2. The petitioner and the respondent are husband and wife. Out of their wedlock, they have four sons. The petitioner has preferred a divorce petition against the respondent. 3. The petitioner filed a custody petition before the Guardianship Judge, Saket, New Delhi. In the petition the petitioner stated that he resides with his three elder children at C-87, Anand Niket...
Tag this Judgment!Court : Delhi
Decided on : Feb-14-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + Crl.Rev.P. 670/2010 Date of Decision: 14.02.2012 DIRECTORATE OF REVENUE INTELLIGENCE ...... PETITIONER Through: Mr.Satish Aggarwala, Advocate with Mr.Sushil, Advocate. Versus ARUN KUMAR JUNEJA and ORS. ...... RESPONDENTS Through: Ms.Sonam Nagrath, Advocate. CORAM: HON'BLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J..1. The present revision petition is against the order of the LD ACMM discharging the Respondents herein under section 245 CrPC..2. The brief facts necessitating the present revision petition are that acting on intelligence that large quantity of ball bearing were being smuggled from Nepal into Delhi, the DRI kept surveillance in and around Delhi. On 04.08.1992, the DRI intercepted a truck in Delhi containing empty glass bottles and brought the same to the DRI office where it was rummaged in the presence of two independent witnesses. The panchnama was prepared in the presence of witnesses. The driver of the truck, Shri Ghama Prasad along wit...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : Feb-10-2012
ORAL: Mrs. Meera Chhibber, Member (J) 1. Applicant has challenged letter dated 12.3.2010 and sought a direction to the respondents to get him medically examined by an independent Medical Board at Dr. R.M.L. Hospital, New Delhi or at Safdarjung Hospital, New Delhi, or in any other Govt. Hospital as per the Medical requirement of the Railways for the post of Assistant Loco Pilot (hereinafter referred to as ALP) and the case of the applicant may be considered for his appointment to the post of ALP on the basis of the medical report given by an independent Medical Board. 2. The brief facts, as stated by the applicant are in the year 2008 Railway Recruitment Board Chandigarh had invited applications for the post of Apprentices Assistant Loco Pilot had applied for it and was declared successful and sent offer of appointment vide letter dated 25.9.2009 (page 12). Thereafter, he was sent for medical examination vide letter dated 5.11.2009. Applicant was declared unfit in A-1 category (page 13)...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : Jan-27-2012
ORAL: Mrs. Meera Chhibber, Member (J): 1. Applicant has sought direction to the respondents to appoint him for the post of Constable (Executive) Male Delhi Police Recruitment, 2009 along with all benefits and allowances with effect from 17.8.2011, i.e., the date of termination. 2. It is submitted by the applicant that he was appointed as Constable on 5.7.2010. He continued to perform his duties but show cause notice dated 12.1.2011 was issued to him (page 15) by alleging that at the time of filling the application form applicant did not mention details of the criminal proceedings in column No.15 (a) to (e) rather mentioned ‘No’ against each column whereas the police verification report received in Recruitment Cell, Delhi Police from SP/Jhunjhunu (Rajasthan) revealed that a case FIR No. 31/2000 under Section 447/435 IPC, PS Chirawa, District Jhunjhunu, Rajasthan, was registered against him. He had thus suppressed his criminal involvement in the application as well as in the ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : Jan-25-2012
ORAL: M.L. Chauhan, Member (J): 1. This is the second round of litigation. Earlier the applicant had filed OA No.3116/2010, which was decided on 20.09.2010 at the admission stage with liberty given to the applicant to file representation within one week from the date of receipt of a copy of the order claiming his seniority over the juniors and giving specific grounds on which he should be considered by the Respondents for re-engagement as casual labourer, absorption and regularization in appropriate post with the Respondents. Respondents were also directed to consider the said representation of the Applicant alongwith the copy of that OA as a supplementary representation and pass appropriate orders within a period of 02 months from the date of receipt of a copy of that order. Pursuant to the directions given by this Tribunal in the aforesaid terms respondents have passed the impugned order dated 14.03.2011 (Annexure A-1), which is under challenge in this OA and the applicant has prayed...
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. APPEAL No. 932/2009 % Judgment reserved on: 20th September, 2011 Judgment delivered on: 12th January, 2012 ASHOK NARANG ..... Appellant Through: Mr.Rajender Kumar, Adv. versus STATE ..... Respondent Through: Ms.Ritu Gauba, APP. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J..1. Vide the instant appeal, the appellant has challenged the judgment dated 06.10.2009 whereby he was held guilty and convicted and by order on sentence dated 09.10.2009, he was sentenced to undergo RI for a period of 07 years for the offence under Section 363 Indian Penal Code, 1860 read with Section 34 Indian Penal Code, 1860 of which he stands convicted with payment of fine of ` 5,000/- for the said offence..2. He also sentenced to undergo RI for a period of 10 years for the offence punishable under Section 376 IPC read with Section 34 Indian Penal Code, 1860 with payment of `5,000/-. Crl. Appeal No.932/2009 Page 1 of 70.3. He further sentenced to undergo R...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : May-10-2012
M.L. Chauhan, Member (J): This is the second round of litigation. Earlier the applicant had filed Writ Petition No.579/2005 against the order of dismissal dated 15.10.1999. The said Writ Petition was transferred to this Tribunal, which was registered as TA No.1223/2009. This Tribunal vide order dated 15.12.2009 directed the Commissioner, MCD to treat the said TA as supplementary revision of applicant and dispose of the same by a reasoned order to be passed within a period of 03 months from the date of receipt of a copy of that order. Pursuant to the direction given by this Tribunal the respondents have again passed the order dated 07.06.2010, thereby enclosing a detailed speaking order, upholding the order of the disciplinary authority dated 15.10.1999, inflicting the penalty of dismissal from service with a modification to the extent that penalty of dismissal from service shall not be a disqualification for future employment. It is this order, which is under challenge in this OA and t...
Tag this Judgment!Court : Delhi
Decided on : May-08-2012
PRADEEP NANDRAJOG, J. 1. What we commonly understand as a song consists of three elements: lyrics, music and singing. There are three players. The lyricist who provides the words; the musician who provides the music score; and the singer who provides the sound to the words. The trinity join: a song is created. Thus, a song is music which is vocal in character. It is but natural that in a song, the words and the music have a special relationship. Words affect the melodic line, even the rhythmic structure. The inflection of the language in the lyrics leaves an imprint on the melody and the rhythm; on style and phrasing. When a song is sung there is a moving romance between the words and the music. 2. Do the identities break when their fusion creates a synthesized product i.e. when a song is recorded? 3. Undoubtedly, when a song is recorded there is homogenization of the lyrics with the musical score; where integration is articulated through the multi-level hierarchical system of inter-de...
Tag this Judgment!