Court : Delhi
..... , sound recordings and/or the underlying literary or musical works in which the plaintiff owns exclusive, valid and subsisting copyright(s) and further temporary injunction to restrain such persons acting on their behalf and in active concert or participation with them or any of them from causing, contributing to, inducing, enabling, facilitating or participating in the infringement of, in any manner the cinematograph films, sound recordings and/or the underlying literary or musical works ..... they recognized the need for establishing a framework in domestic legal systems towards protecting copyright of individuals while balancing digital economy as well ..... grokster, ltd 545 us913(2005) the proper test in such cases was laid down: we hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties ..... to any information, data or communication link by an intermediary after such information, data or communication link comes to the actual knowledge of a person authorised by the intermediary pursuant to any order or direction as per the provisions of the act; (4) the intermediary, on whose computer system the information is stored or hosted or published, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about .....
Tag this Judgment!Court : Delhi
..... is, no doubt true that the trespasser enters the property at his own risk and the occupier owes no duty to take any reasonable care for his protection, but at the same time the occupier is not entitled to do willfully acts such as set a trap or set a naked live wire with the deliberate intention of causing harm to trespassers or in reckless disregard of the presence ..... the mere fact that the person entering a land is a trespasser does not entitle the owner or occupier to inflict on him personal in- jury by direct violence and the same principle would govern the infliction of injury by indirectly doing some- thing on the land the effect of which he must know was likely to cause ..... respondent submits that the boundary wall of the land where four children were playing, had been breached at places and domestic animals were brought to graze on the plants, which had been planted to green the area. ..... the contesting respondent had taken up the work of fixing a barbed wire fence with a rcc post over the brick wall of 0.6 meters high along with left bank of the supplementary drain from rd34500meters to rd31670meters this covers the land on which the four children involved in the earlier incident, were stated to be playing. ..... (c) 5072-73/2005, decided on 03.07.2007, a body of a young child ..... (2005) dlt120 a division bench of this court had upheld the decision of a single judge in awarding compensation in respect of a fatal accident that had been caused because the manhole cover was not placed .....
Tag this Judgment!Court : Delhi
..... is, no doubt true that the trespasser enters the property at his own risk and the occupier owes no duty to take any reasonable care for his protection, but at the same time the occupier is not entitled to do willfully acts such as set a trap or set a naked live wire with the deliberate intention of causing harm to trespassers or in reckless disregard of the presence ..... the mere fact that the person entering a land is a trespasser does not entitle the owner or occupier to inflict on him personal in- jury by direct violence and the same principle would govern the infliction of injury by indirectly doing some- thing on the land the effect of which he must know was likely to cause ..... respondent submits that the boundary wall of the land where four children were playing, had been breached at places and domestic animals were brought to graze on the plants, which had been planted to green the area. ..... the contesting respondent had taken up the work of fixing a barbed wire fence with a rcc post over the brick wall of 0.6 meters high along with left bank of the supplementary drain from rd34500meters to rd31670meters this covers the land on which the four children involved in the earlier incident, were stated to be playing. ..... (c) 5072-73/2005, decided on 03.07.2007, a body of a young child ..... (2005) dlt120 a division bench of this court had upheld the decision of a single judge in awarding compensation in respect of a fatal accident that had been caused because the manhole cover was not placed .....
Tag this Judgment!Court : Delhi
..... relevant to assessment year under consideration, the assessee established a new mri unit and had claimed a deduction under section 80-ia of the income tax act, (the act) at `.6,18,205/- and the deduction, as it existed then could be granted where the gross income of the assessee included any profits or gains derived from an industrial undertaking or a hotel etc manufacturing or producing any article or a thing not being the article or thing specified in the list in the eleventh schedule ..... xxxxxxxxxx xxxxxxxxxxx (12) for the purposes of this section, - (a) "domestic satellite" means a satellite owned and operated by an indian company for providing telecommunication service; (aa) "hilly area" means any area located at a height of one thousand metres or more above the sea level; (b) "industrial undertaking" shall ..... the benefit which might flow to the general public if diagnostic facilities are deemed industrial undertakings is undeniable, as it would probably result in lower cost of diagnosis of diseases and conditions, yet that result cannot be achieved by doing violence to the statute, in the guise of interpretation. ..... on appeal, the itat passed an order on 1.12.2005 by following its own orders in the case of the assessee for the a.y. ..... this judgment disposes of appeals by the revenue under section 260a of the income tax act 1961 against the orders of the income tax appellate tribunal (hereinafter referred to as itat) dated 16.08.2002, 26.10.2004 and 01.12.2005 respectively. .....
Tag this Judgment!Court : Delhi
..... /at a speed that is inappropriate for the prevailing conditions or driving when knowingly deprived of adequate sleep or rest or knowing that the vehicle has a dangerous defect or is poorly maintained or is dangerously loaded or a brief but obvious danger arising from a seriously dangerous manoeuvre or driving whilst avoidably distracted or failing to have proper regard to vulnerable road users the starting point and range overlap with level 2 is to allow the breadth of discretion necessary to accommodate circumstances where ..... material considered are as under:- legislations - un general assembly resolution 60/147 of 16 december 2005, basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law ; directive 2012/29/eu of the european parliament and of the council of 25 october 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing council framework decision 2001/220/jha ..... barnardo 1960 (3) sa552(a) (at 557d-e) where the court held that although no greater moral blameworthiness arises from the fact that a negligent act caused death, the punishment should acknowledge the sanctity of human life. ..... on the basis of principles set out in the aforesaid decision in delhi domestic working women's forum [(1995) 1 scc14:1995. .....
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..... in the interest of revenue, the following assets, properties and bank accounts of nokia india stand provisionally attached: 2.6 in view of the above, i am of the considered opinion that for the purpose of protecting the interests of revenue, it is necessary to attach provisionally u/s 281b of the income tax act, 1961 the following assets/properties/bank accounts of the assessee company, for which prior approval has been accorded by the commissioner of income tax, delhi-v, new delhi vide ..... we understand that the indian income tax authorities contend that the said payments constitute royalty under the provisions of the domestic income tax laws of india and the double taxation avoidance agreement entered into between india and finland ( indo-finland dtaa ).3. ..... as noticed above, by the present application nokia india seeks modification of the interim directions (1) and (3) inter alia pleading that nokia finland, their parent company has received an offer from microsoft corporation (microsoft, for short), a company incorporated in united states of america for purchase of substantial portion of devices and services business of nokia finland on global basis. ..... commissioner of income tax (2005) 276 itr278(del. ..... during the period 2005-06 to 2011-12, it had cumulative turnover/sales of rs.150700.44 crores.4. .....
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..... he was told in the morning of july 1995 at about 5 am that the deceased was lying in the room in a very bad shape having urinated and eased out and bleeding from his mouth, nostrils where blood had clotted and, "on being so told, amulya sarkar was asked by me to clean deceased dalip chakraborty as the attendant there had told us that there was none to do this, i myself ..... how the said official had offered her money for keeping quiet and also undertook to pay the hospital expenses, pw-34 was fair to state "2-3 persons from their side had also donated blood but i cannot say if they donated blood in their right name or under some false name. ..... appeal no.74/2001 & connected matters page 27 of 50 "all three vehicles were stopped and deceased dalip chakraborty was made to alight (from) the alwyn nissan by 3-4 persons and those 3-4 persons again started beating dali chakraborty and after giving him beating there, he was again put in the alwyn nissan and we were all brought to ..... anand (as the learned judge then was) acknowledged at the outset that: custodial violence, including torture and death in the lock ups, strikes a blow at the rule of law, which demands that the powers of ..... they are expected to act responsibly with a view to protecting the life and liberty of the ..... meanwhile, dalip chakraborty (deceased) accompanied by amulya sarkar (a domestic servant) and neighbour gulshan dutta returned to the house in an ambassador ..... (2005) 9 scc631which was again the case of death as a result of .....
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..... he was told in the morning of july 1995 at about 5 am that the deceased was lying in the room in a very bad shape having urinated and eased out and bleeding from his mouth, nostrils where blood had clotted and, "on being so told, amulya sarkar was asked by me to clean deceased dalip chakraborty as the attendant there had told us that there was none to do this, i myself ..... how the said official had offered her money for keeping quiet and also undertook to pay the hospital expenses, pw-34 was fair to state "2-3 persons from their side had also donated blood but i cannot say if they donated blood in their right name or under some false name. ..... appeal no.74/2001 & connected matters page 27 of 50 "all three vehicles were stopped and deceased dalip chakraborty was made to alight (from) the alwyn nissan by 3-4 persons and those 3-4 persons again started beating dali chakraborty and after giving him beating there, he was again put in the alwyn nissan and we were all brought to ..... anand (as the learned judge then was) acknowledged at the outset that: custodial violence, including torture and death in the lock ups, strikes a blow at the rule of law, which demands that the powers of ..... they are expected to act responsibly with a view to protecting the life and liberty of the ..... meanwhile, dalip chakraborty (deceased) accompanied by amulya sarkar (a domestic servant) and neighbour gulshan dutta returned to the house in an ambassador ..... (2005) 9 scc631which was again the case of death as a result of .....
Tag this Judgment!Court : Delhi
..... he was told in the morning of july 1995 at about 5 am that the deceased was lying in the room in a very bad shape having urinated and eased out and bleeding from his mouth, nostrils where blood had clotted and, "on being so told, amulya sarkar was asked by me to clean deceased dalip chakraborty as the attendant there had told us that there was none to do this, i myself ..... how the said official had offered her money for keeping quiet and also undertook to pay the hospital expenses, pw-34 was fair to state "2-3 persons from their side had also donated blood but i cannot say if they donated blood in their right name or under some false name. ..... appeal no.74/2001 & connected matters page 27 of 50 "all three vehicles were stopped and deceased dalip chakraborty was made to alight (from) the alwyn nissan by 3-4 persons and those 3-4 persons again started beating dali chakraborty and after giving him beating there, he was again put in the alwyn nissan and we were all brought to ..... anand (as the learned judge then was) acknowledged at the outset that: custodial violence, including torture and death in the lock ups, strikes a blow at the rule of law, which demands that the powers of ..... they are expected to act responsibly with a view to protecting the life and liberty of the ..... meanwhile, dalip chakraborty (deceased) accompanied by amulya sarkar (a domestic servant) and neighbour gulshan dutta returned to the house in an ambassador ..... (2005) 9 scc631which was again the case of death as a result of .....
Tag this Judgment!Court : Delhi
..... he was told in the morning of july 1995 at about 5 am that the deceased was lying in the room in a very bad shape having urinated and eased out and bleeding from his mouth, nostrils where blood had clotted and, "on being so told, amulya sarkar was asked by me to clean deceased dalip chakraborty as the attendant there had told us that there was none to do this, i myself ..... how the said official had offered her money for keeping quiet and also undertook to pay the hospital expenses, pw-34 was fair to state "2-3 persons from their side had also donated blood but i cannot say if they donated blood in their right name or under some false name. ..... appeal no.74/2001 & connected matters page 27 of 50 "all three vehicles were stopped and deceased dalip chakraborty was made to alight (from) the alwyn nissan by 3-4 persons and those 3-4 persons again started beating dali chakraborty and after giving him beating there, he was again put in the alwyn nissan and we were all brought to ..... anand (as the learned judge then was) acknowledged at the outset that: custodial violence, including torture and death in the lock ups, strikes a blow at the rule of law, which demands that the powers of ..... they are expected to act responsibly with a view to protecting the life and liberty of the ..... meanwhile, dalip chakraborty (deceased) accompanied by amulya sarkar (a domestic servant) and neighbour gulshan dutta returned to the house in an ambassador ..... (2005) 9 scc631which was again the case of death as a result of .....
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