Court : Delhi
Decided on : Jan-19-2016
1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973 ( ˜Cr.P.C.'), petitioner seeks directions thereby quashing of FIR No.132/2015 registered at Police Station Shakarpur, Delhi, for the offence punishable under Sections 406/409/420/468/471 of the Indian Penal Code, 1860 ( ˜IPC'). 2. The aforesaid case was registered against the petitioner on the complaint of respondent No.2, who stated therein that the petitioner is the founder member of Shiksha Vihar Co-operative Housing Society Limited (for short Society'), having registered office at 123-A, Aakanksha Apartment, Abhay Khand-III, Indrapuram, Ghaziabad, Uttar Pradesh. The said Society was registered in the year 1982. Since then, office of the Society had been located at R-61, Vikas Marg, Delhi, till the year 2000 and thereafter till 2005-2006 remained at Babarpur, Shahdra, Delhi. 3. It is alleged that the petitioner has misappropriated the funds of the Society to the tune of crores of r...
Tag this Judgment!Court : Delhi
Decided on : Jan-04-2016
1. By way of this order, I propose to decide two pending applications, one being I.A. No.22711/2014 under Order XXXIX Rule 1 and 2 CPC filed by the plaintiff and another being I.A. No.26365/2014 under Order XXXIX Rule 4 CPC filed by the defendants for vacation of the interim order passed on 14th November, 2014. 2. The plaintiff has filed the suit for permanent injunction restraining infringement of trademark, copyright, passing off, delivery up, rendition of accounts of profit, damages, etc. against the defendants. 3. Brief facts of the case as per the plaint are:- (i) The plaintiff Company was incorporated in the year 1981 and is engaged inter alia in the business of manufacturing, distributing and marketing of high quality pharmaceutical preparations. (ii) The plaintiff's key therapeutic segments include antiseptics, analgesics, gastroenterology, gynaecology, dermatology and neurocare and protein supplements. Some of the pharmaceutical preparations manufactured/marketed by the plaint...
Tag this Judgment!Court : Delhi
Decided on : Aug-24-2016
R.K. Gauba, J. 1. The appellant stands convicted, as charged, by judgment dated 21st March, 2016 of Court of Sessions for offences punishable under Sections 302 and 324 of Indian Penal Code, 1860 (IPC) upholding the prosecution case that at about 6:15 p.m. on 20th August, 2011 on the terrace above Flat No.C-27/28, Kingsway Camp, Delhi within the jurisdiction of Police Station Mukherjee Nagar, he committed the murder of Rajvinder Kaur (the deceased) by intentionally inflicting multiple stab wounds and also having voluntarily caused hurt to Nisha (PW-2) by stabbing her with a sharp cutting instrument (knife). By order on sentence passed by the learned trial judge on 31st March, 2016, sentence of imprisonment for life with fine of Rs.1,00,000/- was awarded for offence under Section 302 IPC besides rigorous imprisonment for six months with fine of Rs.15,000/- for offenceunder Section 324 IPC. By the appeal at hand, the appellant (convict) seeks to assail both the judgment and the order on ...
Tag this Judgment!Court : Delhi
Decided on : Aug-04-2016
G. Rohini, C.J. 1. Though based on different set of facts, the controversy in all the petitions centers on common issues relating to the exercise of legislative power and executive control in the administration of National Capital Territory of Delhi (NCTD). 2. The parties to the writ petitions and the orders impugned have been set out in the following Table so as to get a glimpse of the controversy involved in each writ petition. Sl.No.Writ PetitionPartiesImpugned order/action1.W.P.(C) No.5888/2015GNCTD vs. UOINotifications dated 21.05.2015 and 23.07.2014 issued by the Govt. of India, Ministry of Home Affairs empowering the Lt. Governor to exercise the powers in respect of matters connected with 'Services' and directing the ACB Police Station not to take cognizance of offences against officials of Central Government.2.W.P.(C) No.7887/2015Rajender Prashad vs. GNCTD and Ors.Notification dated 11.08.2015 issued by the Directorate of Vigilance, GNCTD under the Commissions of Inquiry Act, 1...
Tag this Judgment!Court : Delhi
Decided on : Aug-03-2016
1. The plaintiff has sued for recovery of principal amount of Rs.61,41,717/- together with interest and service tax i.e. for a total sum of Rs.1,00,10,570/- from the defendant. 2. The suit was entertained and pleadings have been completed. The suit is ripe for framing of issues, if any. 3. The plaintiff has filed IA No.8107/2016 under Order XII Rule 6 of Code of Civil Procedure, 1908 (CPC) for decree on admissions. 4. The counsels have been heard. 5. The claim of the plaintiff is on the basis of the agreement contained in letter dated 16th January, 2013 of the plaintiff to the defendant and duly acknowledged by the defendant and whereunder the defendant had appointed the plaintiff as advisor to achieve the financial closure for the debt component of the proposed thermal power project of the defendant at Angul, Odisha. The defendant under the said agreement had agreed to pay fee as under to the plaintiff: D. Fee The fee payable for the services rendered would be directly payable by the ...
Tag this Judgment!Court : Delhi
Decided on : Jun-03-2016
1. By the instant appeal, the appellant Chander Singh challenges the impugned judgment dated 17th December, 2013 whereby he has been convicted for the offence defined under Section 9(k), punishable under Section 10 of The Protection of Children from Sexual Offences Act, 2002 (in short the POCSO Act) in FIR No.80/2013 registered at PS Mangol Puri and the order on sentence dated 18th December, 2013 directing him to undergo rigorous imprisonment for a period of six years and fine of Rs. 5,000/- in default whereof to undergo simple imprisonment for a period of three months. 2. The prosecution case in brief is that on February 09, 2013 at about 7.28 PM, PW12 HC Laxman Singh was handed-over DD No.18, Ex.PW-12/A informing that a boy was kidnapping a girl and the said boy was apprehended by the caller at K Block complex. On reaching the spot, he found Chander Singh apprehended by public. Raj Kumar who made the call to the PCR was found to be the maternal uncle of the prosecutrix, who was a min...
Tag this Judgment!Court : Delhi
Decided on : Jun-02-2016
1. Sanjay @ Kala, Suraj Prakash @ Chikka and Rakesh; the latter two being the appellants because vide impugned judgment dated January 08, 2014 Suraj Prakash has been convicted for the offence punishable under Section 323 IPC and for which vide order on sentence dated January 16, 2015 he has been sentenced to undergo RI for one year and Rakesh has been convicted for the offence punishable under Section 307 IPC as also Section 25/27 of the Arms Act and vide order on sentence of even date has been sentenced to undergo RI for 4 years and pay fine in sum of Rs. 2,000/-, in default to undergo SI for 15 days for the former offence and RI for a period of 3 years and pay fine in sum of Rs. 2,000/-, in default to undergo SI for 15 days for the latter offence. The sentences have been directed to run concurrently and benefit of Section 428 Cr.P.C. has been extended. It is obvious that Sanjay @ Kala has been acquitted and the reason is neither the victim Sunil Sherawat who appeared as PW-9 nor the ...
Tag this Judgment!Court : Delhi
Decided on : May-02-2016
1. The present petition is directed against the order dated 22nd August, 2014 passed by the learned District and Sessions Judge, New Delhi in PPA No.8/2014 whereby the Order dated 6th January 2014 passed by the Estate Officer of the petitioner was set aside. 2. Briefly recapitulating the facts leading to the filing of the present petition are that late Cdr. S. K. Sharma, husband of the respondent herein, was allotted Ministry of Defence pool accommodation bearing No.D-II/274, Chanakya Puri, New Delhi while he was posted at Naval Headquarters w.e.f. 27th December, 1991. It is stated that on his posting out of Naval Headquarters to Mumbai w.e.f. 22nd June 1992 he was permitted to retain accommodation upto 31st March, 1993 on the ground of his children education. 3. It is stated that as per the Ministry of Defence Accommodation Rules the officer was required to vacate the accommodation by 31st March, 1993. The Officer unauthorisedly overstayed beyond the permissible period and hence was l...
Tag this Judgment!Court : Delhi
Decided on : Apr-25-2016
Manmohan Singh, J. 1. The plaintiffs filed the present suit for injunction seeking various prayers inter alia decree a decree of declaration that the defendant's drug has not been tested as a biosimilar product under applicable law, defendant No. 3's CTR Registration Number CTR/2013/04/ 003549 is invalid and is not in accordance with applicable law. A decree of declaration that the approval granted by defendant No. 1 on October 29, 2012 to defendant No. 3's clinical trial protocol for the defendant's Drug is invalid and is not in accordance with applicable law and the manufacturing and marketing authorisation approved on 2nd June, 2015 by defendant No. 1 to defendant No. 3 for the defendant's drug for all of the Indications is invalid. 2. By this order I propose to decide the above mentioned two applications. 3. It is alleged in the plaint that the suit has been filed on account of the imminent threat and credible apprehension of the launch of defendant No. 3's drug, TrastuRel ("Trastu...
Tag this Judgment!Court : Delhi
Decided on : Apr-25-2016
Manmohan Singh, J. 1. The plaintiffs filed the present suit for injunction against four defendants. By this order, I propose to dispose of the above mentioned pending applications. 2. The plaintiff No. 1, Roche Products (India) Private Limited, a company incorporated under the Companies Act, 1956, as amended (the "Companies Act"), is an affiliate of plaintiff No. 2, and is the importer and marketer of innovator molecule Trastuzumab in India. Trastuzumab is stated to be a biological drug used primarily for the treatment of HER 2 positive breast cancer. In India, Trastuzumab is sold under the brand names HERCEPTIN, HERCLON and BICELTIS. It is stated that Trastuzumab has become the accepted biological treatment for HER 2 positive breast cancer on a worldwide basis and enjoys a global reputation. Plaintiff No. 2, F. Hoffmann-La Roche AG, a joint stock company incorporated under the laws of Switzerland is an affiliate of plaintiffs No. 1 and 3, and the manufacturer of innovator molecule Tra...
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