Court : Delhi
Decided on : Mar-21-2016
..... order till completion of pleadings by the parties. 10. the learned single judge has come to a prima-facie conclusion that at this stage at least the play lists of nepali nasha and haroon ka nasha in the website of 8 tracks.com are existing since the years 2012 and 2013 and of nashamusic.com since 2006, which websites have existed .....
Tag this Judgment!Court : Delhi
Decided on : Dec-24-2016
$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) 2060/2013 Judgment Reserved on: Judgment Pronounced on:24. h December, 2016 1st December, 2016 M/s AZ Tech (India) & Anr. ..... Plaintiffs Through : Ms. Pratibha M. Singh, Sr. Advocate with Mr. Sagar Chandra, Mr. Ankit Rastogi and Ms. Ishani Chandra, Advocates. versus M/s Intex Technologies (India) Ltd. & Anr. ..... Defendants Through : Mr. Pravin Anand, Mr. Aditya Gupta and Mr. Utkarsh Srivastava, Advocates CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.I.A. No.17138/2013 (under Order XXXIX Rule 1 &2) 1. This is an application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure filed by the plaintiffs seeking an ad interim injunction against the defendants from using the trademark AQUA. The present suit has been filed by the plaintiffs seeking permanent injunction, delivery up, production of accounts, damages etc.2. The trademark involved in the present suit is the word mark Aqua pertaining to mobile phones (her...
Tag this Judgment!Court : Delhi
Decided on : Dec-24-2016
$ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:7. h December, 2016 Pronounced on:24th December, 2016 CS (OS) 2399/2010 MOTHER DAIRY FRUIT & VEGETABLE PVT. LTD Through: Mr. Nischal Anand, Advocate with Mr. Aman Taneja, Advocate ...... Plaintiff Versus S.K. RAHEEM & ANR ..... Defendants Through: Ex-parte CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 JUDGMENT This suit was instituted in November, 2010 seeking the reliefs of permanent injunction, damages, rendition of accounts, delivery up, etc. by the plaintiff company it being a wholly owned subsidiary of National Dairy Development Board (NDDB), a body corporate constituted under the National Dairy Development Board Act, 1987, having its registered office at Mother Dairy, Patparganj, Delhi-110 092, within the jurisdiction of this court.2. The claim in the suit is founded, inter alia, on the trademark MOTHER DAIRY, registered in the name of the plaintiff for sale of its various products in the nature of liquid milk, dahi (curd), ice CS...
Tag this Judgment!Court : Delhi
Decided on : Dec-22-2016
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. No.514/2000 Date of Decision :22. d December, 2016 SURAJ BHAN & ANR. ..... APPELLANTS Through Mr.M.L. Yadav, Adv. versus CENTRAL BUREAU OF INVESTIGATION RESPONDENT Through Mr.Narender Mann, Spl.P.P. with Mr.Manoj Pant, Adv. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J1 Aggrieved by the judgment of conviction dated 7th August, 2000 convicting the appellants finding them guilty under Sectionsof the Narcotic Drugs & Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act, 1985) and order on sentence dated 9th August, 2000 vide which the sentence was passed to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.1,00,000/- for the offence punishable under Section 20 of the NDPS Act, in default of payment of fine, convict was to undergo further simple imprisonment for three years, the present appeal has been preferred by the appellants.2. The facts in brief are that on the basis of the Source ...
Tag this Judgment!Court : Delhi
Decided on : Dec-15-2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 715/2012 Date of Decision:15. 12.2016 NARESH KUMAR ..... Appellant Through: Ms.Inderjeet Sidhu, Amicus Curiae STATE OF NCT OF DELHI & OTHERS ....... RESPONDENTS Through: Ms.Aashaa Tiwari, APP for versus the State CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE ANU MALHOTRA GITA MITTAL, J (Oral) 1. The appellant assails his conviction by the judgment dated 10th May, 2010, passed by the learned Additional Sessions Judge in Sessions Case No.1arising out of FIR No.898/2005 registered under Section 302 of the Indian Penal Code and the Section 27/of the Arms Act registered by the police station Prashant Vihar with regard to an incident which took place on 15th October, 2005. The appellant also challenges the consequential order of sentence dated 2nd June, 2010 whereby he stands sentenced to undergo imprisonment for life and fine of Rs.20,000/- in default to undergo further imprisonment for a period of six month under Section 302 o...
Tag this Judgment!Court : Delhi
Decided on : Dec-01-2016
$~3 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:01. 12.2016 CEAC112005 COMMISSIONER OF CENTRAL EXCISE ........ Petitioner Through: Mr. Pramod Kr. Rai, Sr. Standing Counsel with Mr. Deepak Anand, Jr. Standing Counsel. versus M/S U.K.PAINTS (I) P.LTD. ..... Respondent Through: Mr. Naveeen Mullick and Mr. Parth Mullick, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI S. RAVINDRA BHAT, J (Oral) The following questions of law were framed on 27.01.2011 in 1. this appeal preferred by the Commissioner of Central Excise: (1) Whether the adjudicating authority is not required to call the DEEC and other related documents for quantification of correct amount of refund?. (2) Whether the CESTAT has the jurisdiction to decide the appeal in respect of any order passed by the Commissioner (Appeals) under Section 35A of the Central Excise Act, 1944 read with sub-section 1(b) of Section 35B of the Act ibid and proviso thereto in the cases wherein g...
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Decided on : Nov-28-2016
s$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:28. h November, 2016 + CRL.A. 1027/2016 & Crl.M.(Bail) 1934/2016 SANJEET RAM @ SANJEET ........ Petitioner Through: Mr. O.P. Saxena, Adv. STATE versus Through: Ms. Aashaa Tiwari, APP for ..... Respondent the State CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT(Oral) GITA MITTAL, J1 The appellant assails the judgment dated 22nd February, 2016 passed by the District & Sessions Judge (East) finding him guilty of commission of offence under Section 302 IPC and 27 Arms Act with which he was charged in Sessions Case No.18/2013 registered by the Police Station Gazipur. The appellant also assails the order dated 29th February, 2016 passed on the point of sentence as a result of his conviction whereby the appellant stands sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default of payment of fine to further undergo simple imprisonment for six months. Crl. A. 1027/2016 Pag...
Tag this Judgment!Court : Delhi
Decided on : Nov-18-2016
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :11. 11.2016 Judgment delivered on:18. 11.2016. CM(M) 579/2015 & C.M. Nos.11006/2015, 31084/2015, 31085/2015, 2550/2016 & 29897/2016 THE TIBETAN CHILDRENS VILLAGE SCHOOL ........ Petitioner Through Mr. Jagdeep Kishore, Mr. Naresh Mathur and Ms. Rekha Gupta, Advs. versus KARMA LAMA & ANR Singh ........ RESPONDENTS Through Mr. Giriraj Subramanium, Mr. Simarpal and Mr.Sidhant Krishan Singh, Advs for R-1 & R-2. Mr. Tenzing Tsering and Mr. Tenzin Namgyal, Advs for R-3. Mr. Kapil Kumar Nim, Adv for R-4. Sawhney CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 The petitioner before this Court is Tibetan Childrens Village School (TCV). It is functional from upper Dharamshala, Himachal Pradesh. This petition has been filed through its General Secretary. 2 This petition concerns the adoption rights of a minor child namely Master Tenzin Tsering (in short Tenzin). The averments in the writ petition disclose that a l...
Tag this Judgment!Court : Delhi
Decided on : Nov-04-2016
*IN THE HIGH COURT OF DELHI AT NEW DELHI % + + Reserved on :24. h October, 2016 Date of Decision:04. h November, 2016 Crl.M.A.No.15239/2016 in CRL.A. No.715/2013 MAHENDER YADAV ..... Appellant Through: Mr. Vikas Singh, Senior Advocate with Mr. Vikas Arora, Mr. Radhika Arora, Mr. Manish Sharma, Advocates. versus CENTRAL BUREAU OF INVESTIGATION ... Respondent Through: Mr. R.S. Cheema, Senior Advocate (SPP) with Mr. D.P. Singh, Ms. Tarannum Cheema, Ms. Hiral Gupta, Mr. Manu Mishra & Mr. Harinder Bains, Advocates for CBI. Mr. H.S. Phoolka Senior Advocate with Ms. Kamna Vohra, Ms. Shilpa Dewan, Advocates for the Complainant. Mr.Gurbaksh Singh & Mr. Lakhmi Chand, Advocates for victim Jagsher Singh. Crl.M.A.No.15233/2016 in CRL.A. No.753/2013 KRISHAN KHOKAR ..... Appellant Through: Mr. Vikas Arora, Ms. Radhika Arora & Mr. Manish Sharma, Advocates. versus C B I ..... Respondent Through: Mr. R.S. Cheema, Senior Advocate (SPP) with Mr. D.P. Singh, Ms. Tarannum Crl.A.Nos.715/2013, 753/2013 & 1099...
Tag this Judgment!Court : Delhi
Decided on : Nov-02-2016
$~35. * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 2450/2015 Judgment dated 02nd November, 2016 PRESIDENT & FELLOWS OF HARV AND COLLEGE Through : Ms. Parul Singh, Advocate versus ..... Plaintiff SHRI RAJESH GOYAL ..... Defendant Through : Mr. Pratap Singh and Mr. Anwedra CORAM: HON'BLE MR. JUSTICE G.S.SISTANI Singh, Advocates G.S.SISTANI, J (ORAL) 1. The plaintiff has filed the present suit for infringement and passing off of the mark Harvard seeking a decree against the defendant restraining them from using the mark. The plaintiff is the President & Fellows of Harvard College incorrectly mentioned as the President & Fellows of Harv and College.2. Despite service, the written statement has not been filed within the statutory period. The matter as passed over once and called second time to enable the counsels to take instructions in the matter. Counsel for the defendant submits that the defendant has no objection if the present suit is decreed in favour of the plaintiff and agai...
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