Court : Delhi
Decided on : Mar-04-2014
.* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: March 4, 2014 + CS(OS) 102/2013, I.A. No.932/2013 & I.A. No.2869/2014 THE COCA-COLA COMPANY & ANR ..... Plaintiffs Through Ms.Ekta Sarin, Adv. versus K.M SALIM ..... Defendant Through None. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. Plaintiffs have filed a suit for injunction and damages for infringement of registered trade mark, infringement of copyright, passing off and act of unfair competition.2. Despite of service, on 15th March, 2013, the defendant chose not to appear in Court. He was proceeded ex-parte on 14th February, 2014. The plaintiffs filed an application under Order VII Rule 10 CPC for pronouncement of judgment against the defendant on account of failure to file the written statement and to contest the matter.3. Counsel for the plaintiffs made her submissions on merit also.4. Let me examine the case of plaintiffs on merit.5. The plaintiff No.1, the Coca-Cola Company (TCCC), is a corporati...
Tag this Judgment!Court : Delhi
Decided on : Feb-28-2014
IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: January 31, 2014 Decision on: February 28, 2014 CS (OS) 3193 of 2012 & CC No.49 of 2013, IA Nos. 10389-90 of 2013, 10638 of 2013, 20025 of 2013, 18788 of 2013 TEVA PHARMACEUTICAL INDUSTRIES LTD & ORS ..... Plaintiffs Through: Mr. Dushyant Dave, Senior Advocate, Mr. Sudhir Chandra, Senior Advocate with Mr. Praveen Anand, Ms. Archana Shankar, Mr. Nischal Anand and Mr. Aman Taneja, Advocates Versus NATCO PHARMA LIMITED ..... Defendant Through: Mr. Chetan Sharma, Senior Advocate with Ms. Rajeshwari, Mr. Tahir Abdul, Ms. Sudipa, Mr. Amit Gupta & Ms. Urvashi Singh, Advocates CORAM: JUSTICE S. MURALIDHAR JUDGMENT2802.2014 1. IA No.10390 of 2013 is an application under Order VII Rule 10 CPC filed by Natco Pharma Limited (Natco) for return of the plaint for want of jurisdiction. IA No.10389 of 2013 is an application filed by Natco under Order VII Rule 11 CPC seeking rejection of the plaint. Natco has also filed IA No.10638 of 2013 under Secti...
Tag this Judgment!Court : Delhi
Decided on : Feb-26-2014
$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:- 26th February, 2014 + CRIMINAL APPEAL5621999 NAND LAL Through ..... Appellant Mr. Akshay Sapra, Advocate. versus STATE Through ..... Respondent Ms. Rajdipa Behura, APP. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P. MITTAL SANJIV KHANNA, J.Appellant Nand Lal by the impugned judgment dated 19 th April, 1999 has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC for short) for murder of Rubi Kumar in the intervening night between 15th and 16th December, 1992 at A-260, Mukandpur Colony, Delhi. The conviction arises out of FIR No.486/1992, police station Samaipur Badli, which became subject matter of Session Case No.135/1994. The appellant was also charged under Section 376 IPC, but has been acquitted. State has not preferred any appeal against the said acquittal. By order of sentence dated 29th April, 1999, the appellant has been sentenced to imprisonment for life and fine of Rs.5,000/-. In...
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Decided on : Feb-25-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment pronounced on: February 25, 2014 I.A. No.10442/2013 in CS(OS) No.1299/2013 MEX SWITCHGEARS PVT LTD ..... Plaintiff Through Mr. Shailen Bhatia, Mr. Amit Jain, Ms. Ekta Nayar and Mr. Vaibhav Kashyap, Advs. versus MAX SWITCHGEARS PVT LTD ..... Defendant Through Mr. Vikas Chhabra, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By this order, I propose to decide the pending interim application being I.A. No.10442/2013 filed by the plaintiff under Order XXXIX, Rules 1 and 2 of Code Of Civil Procedure 1908 (hereinafter referred to as CPC) in a suit for permanent injunction restraining infringement of trade mark, corporate name, copyright, passing off, rendition of accounts, delivery up etc.2. The case of the plaintiff is that plaintiff i.e. Mex Switchgears Private Limited through its predecessor is the first adopter and user of the trade mark MEX since the year 1960 for electric switchgears, switches, ignition switche...
Tag this Judgment!Court : Delhi
Decided on : Feb-25-2014
$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:- 25th February, 2014 + CRIMINAL APPEAL5621999 NAND LAL Through ..... Appellant Mr. Akshay Sapra, Advocate. versus STATE Through ..... Respondent Ms. Rajdipa Behura, APP. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P. MITTAL SANJIV KHANNA, J.Appellant Nand Lal by the impugned judgment dated 19 th April, 1999 has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC for short) for murder of Rubi Kumar in the intervening night between 15th and 16th December, 1992 at A-260, Mukandpur Colony, Delhi. The conviction arises out of FIR No.486/1992, police station Samaipur Badli, which became subject matter of Session Case No.135/1994. The appellant was also charged under Section 376 IPC, but has been acquitted. State has not preferred any appeal against the said acquittal. By order of sentence dated 29th April, 1999, the appellant has been sentenced to imprisonment for life and fine of Rs.5,000/-. In...
Tag this Judgment!Court : Delhi
Decided on : Feb-24-2014
.* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on: February 24, 2014 I.A. Nos.19671/2013 & 596/2014 in CS(OS) No.2407/2013 STEELBIRD HI-TECH INDIA LTD ..... Plaintiff Through Mr. Sudhir Chandra, Sr. Adv. with Ms.Diva Arora and Mr.Rajat Katiyar, Advs. versus S.P.S. GAMBHIR & ORS Through ..... Defendants Ms.Prathiba M. Singh, Sr. Adv. with Ms.Bitika Singh and Mr.Kapil Midha, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiff has filed a suit for permanent injunction restraining infringement of design under Registration No.241153, passing off, rendition of accounts, damages etc. The said suit was listed along with IA No.19671/2013 under Order 39 Rules 1 and 2 CPC wherein this Court passed the interim order. Upon service, the defendants have filed reply to the interim application and also filed an application being I.A. No.596/2014 under Order 39 Rule 4 CPC for vacation of the ex parte ad-interim order passed on 6th December, 2013. Case of...
Tag this Judgment!Court : Delhi
Decided on : Feb-21-2014
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. 02.2014 CO.PET.95/2011 REVELL GMBH & CO. KG ..... Petitioner versus M/s FORE SQUARE RETAIL PRIVATE LTD. ..... Respondent Advocates who appeared in this case: For the Petitioner : Ms Rekha Palli and Ms Punam Singh. For the Respondent : Mr Manik Dogra. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The present petition has been filed by the petitioner company under Sections 433(e) and 434 of the Companies Act, 1956, inter alia, praying for winding up of the respondent company on the ground that the respondent company has failed and neglected to pay a sum of USD534696.20, due and payable by the respondent to the petitioner on account of supply of goods (Model Kits products, Paints Accessories, Airbrush, Metal and Slot Cars). The respondent disputes that any amount is due and payable to the petitioner. The respondent alleges that goods supplied by the petitioner were defective, hazardous and substandard and ...
Tag this Judgment!Court : Delhi
Decided on : Feb-21-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.879/2004 LT.COL.(RETD.)MUNISHWAR DEV BAKSHI ..... Plaintiff Through Mr. D. V. Khatri, Adv. versus PARSHOTTAM DASS BAKSHI & ORS. ..... Defendant Through Mr. Rajesh Tyagi for D-1(1to5) Mr.Hari, Adv. with Mr.Sanjeev Tyagi, Adv. for D-2to 6. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR ORDER % 21.02.2014 I.A. No.14534/2012 (condonation of delay) 1. By this application filed under Section 5 read with Section 14 of the Limitation Act 1963 and Section 151 of Code of Civil Procedure, 1908 (hereinafter referred to as CPC), the applicant/defendant No.1 seeks condonation of delay of 8 days in filing the accompanying Review Application.2. For the reasons stated in the application, the same is allowed and the delay in filing the accompanying review application is condoned.3. Application stands disposed of. Review App. 443/2012 1. By this review application filed under Order 47 Rule 1 read with Section 114 and Section 151 of CPC, the applicant/defe...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
Decided on : Feb-21-2014
D.N. Panda, J. 1. Consequent upon receipt of an intelligence by DRI from China on 19.09.2005 through the consulate General of India, Hong Kong that one M/s Vikas Overseas, B-6, Arya Nagar Society, Patparganj, Delhi having IEC No. 0592009335 had exported Ketamine from India in the guise of Alfa Olefin Sulphonate (AOS) and 1010 Kgs of Ketamine was seized by Chinese Bureau of Narcotics Control, DRI investigated into the export made by Shipping Bill No. 1494427 dated 06.08.2005 backed by Invoice No. 465/2005-06 dated 04.08.2005 covering export of 17,500 kgs of Alfa Olefin Sulphanate (AOS) to a Chinese buyer viz., M/s Yantai High Link Import and Export Co. Ltd., 47, X inanhe Road, Yantai, China, by M/s Vikas Overseas in India. 2. According to the outcome of investigation, there was an allegation against Shri Devinder Pramod and Shri Mahesh Kumar Gupta that they had exported Ketamine in terms of 3 (three) Shipping Bills No. 1494427 dated 06.08.2005 1435176 dated 02.11.2004, 1470670 dated 29....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Feb-20-2014
Dr. B.K. Sinha, Member (A). 1. The instant dispute relates to reckoning of the services rendered by the applicant during his employment with the Indian Navy for the purpose of retiral and other consequential benefits. The applicant has filed this OA before this Tribunal when his repeated representations produced no result. The applicant has sought mainly the following reliefs:- (a). Allow the present Original Application filed by the applicant and issue directions to the respondents for grant of ex-servicemens benefits (initial pay fixation on jointing IB and counting of Naval service towards civil pension etc.) by taking cognizance of Certificate of Verification of Military Service of Ex-Sailor issued by previous employer, i.e., Indian Navy along with all consequential benefits including, interest @ 18% (p.a) on the arrears of above; (b).Award interest @18% for 3 years on the amounts of Rs.34,751/-(Rupees Thirty Four Thousand Seven Hundred Fifty One only) and Rs.59,097/- (Rupees Fifty...
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