Court : Delhi
Decided on : Oct-24-2019
..... learned app for the state further stated that the dead body of the deceased was found in her matrimonial house itself and the sister of the appellant-convicts, seema (dw-5) had deposed that on the day the deceased had died, she along with her mother and sister remained in the house throughout the day and no ..... the defence wanted to contradict him, then the court cannot suo motu make use of statements to police not proved in compliance with section 145 of the evidence act that is, by drawing attention to the parts intended for contradiction. xxx xxx xxx xxx 24. contentions urged assailing credibility of pw2do not merit acceptance. pw2in his ..... was filed against them. finding of the trial court3 the trial court convicted the appellant-convicts under section 304b ipc relying upon sections 106 and 113b indian evidence act, 1872. however, trial court acquitted the appellant-convicts under section 302 ipc on account of absence of direct evidence. the relevant portion of the trial court judgment .....
Tag this Judgment!Court : Delhi
Decided on : Oct-24-2019
..... no connection with the first floor, it is seen that respondent had earlier filed an eviction petition under section 14(1) (b) (h) and (j) of the delhi rent control act against the petitioner contending that petitioner had raised unauthorized construction in the form of two rooms and had sublet the premises.26. subject petition was dismissed by a judgment dated ..... order passed.2. respondent had filed the subject eviction petition seeking eviction of the petitioner on the ground of bonafide necessity under section 14(1) (e) of delhi rent control act, 1958 from property bearing no.t-322-c, abdul mannan lane, batla house, okhla, new delhi, except one room along with unauthorized construction at the rc.rev.528/2018 page .....
Tag this Judgment!Court : Delhi
Decided on : Oct-23-2019
..... , laxmi nagar, near jagat ram park, delhi-110092 was a shared household of the appellant in terms of section 2(s) of the protection of women from the domestic violence act, 2005, it is essential to observe that section 2(s) of the said enactment provides as follows:-" 2. definitions- .. .. .. rsa612019 page 13 of 15 . (s) shared household ..... which the husband has no right, title or interest, cannot be called a "shared household''. the concept of matrimonial home, as would be applicable in england under the matrimonial homes act, 1967, has no relevancy in india." rsa612019 page 6 of 15 8. vide judgment dated 24.04.2018, the learned civil judge-east, kkd courts, delhi thus, concluded ..... of which defendant no.1 is a member. the said property cannot be regarded as a "shared household" as define under sect-ion 2(s) of the domestic violence act. defendant no.2 has no rights to the suit property. her rights for maintenance etc. against defendant no.1 are not issues in the present suit. there is no .....
Tag this Judgment!Court : Delhi
Decided on : Oct-23-2019
..... criminal law. it is a settled proposition that conspiracy requires an offence and there cannot be a conspiracy for conspiracy, however, it should lead to an illegal act or act which is not illegal to be done by illegal means. while there is no quarrel with the proposition that section 120b is a substantive offence, but it ..... and as the... petitioner complained of chest pain, angiography was also performed on the... petitioner on18.09.2019.19. moreover, the proviso to section 45 of the pml act, provides that in case of sick person, bail should be granted to the person arrested.20. on the other hand, mr. natrajan, learned additional solicitor general of india ..... , the income tax department filed 3 complaints against the... petitioner before the special court, bengaluru, u/s 200 cr.p.c. alleging offences under the income tax act. pursuant thereto, the income tax bail appln. 2484/2019 page 2 of 19 department proceeded to grant sanction to prosecute for offences punishable u/s 276c(1) and .....
Tag this Judgment!Court : Delhi
Decided on : Oct-22-2019
..... 'ble mr. justice manoj kumar ohri1 by way of the present petition, the petitioner has assailed judgment dated 28.11.2016 passed by the additional sessions judge, special judge (pc act), cbi-05, patiala house courts, new delhi in ca no.8748 of 2016 whereby the judgment of acquittal of the petitioner was set aside and the petitioner was convicted and ..... they have made general allegations of harassment by the appellant towards the crl.rev.p. 809/2016 page 10 of 11 deceased and have not brought in evidence any specific acts of cruelty or harassment by the appellant on the deceased . xxx 16. in our view, onus was on the prosecution to prove beyond reasonable doubt the ingredient of section 498a .....
Tag this Judgment!Court : Delhi
Decided on : Oct-22-2019
..... passed.2. subject eviction petition was filed by the respondent seeking eviction of the petitioner on the ground of bonafide necessity under section 14(1) (e) of delhi rent control act, 1958 from one shop measuring 8 x 8 i.e., 64 sq. ft. with height of 7 ft. in property bearing rc.rev.144/2018 page 1 of 3 no .....
Tag this Judgment!Court : Delhi
Decided on : Oct-22-2019
..... was a member of the scheduled caste and therefore, the conviction of the appellant- the scheduled accused under section 3(2)(v) of castes and scheduled tribes (prevention of atrocities) act is not sustainable. 11. it is held in the case of mukesh kumar saini and ors v. state (delhi administration), 94 (2001) dlt241that section 34 of the ipc cannot ..... (supra) held as under: 15. as held by the supreme court, the offence must be such so as to attract the offence under section 3(2)(v) of the act. the offence must have been committed against the person on the ground that such person is a member of scheduled caste and scheduled tribe. in the present case, the fact ..... /354/201/3of the indian penal code, 1860 ( ipc ) and section 3(1)(x), (xi), (s) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 ( the sc/st act ), registered at police station sector-23, dwarka, delhi. bail appn.1828/2019, 1833/2019 & 1836/2019 page 2 of 10 2. the state has filed the status report .....
Tag this Judgment!Court : Delhi
Decided on : Oct-22-2019
..... supra) the acquisition proceedings were confirmed and an application under section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 was also dismissed.14. the only ground raised in this appeal is since no steps are taken by the dda for taking possession of other properties ..... no.1 or the officials of dda. plaintiff has not challenged the award in question till date. it is pertinent to mention here that as per land acquisition act (old and new), the government has power to acquire any land, however, such acquisition has to be as per rules and procedures and therefore, th6 right ..... post prahladpur bangar, delhi, as having lapsed in view of section 24 (2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013; (d) further pass a writ, order or direction in the nature of a writ of mandamus thereby directing the respondents not to interfere with the peaceful possession .....
Tag this Judgment!Court : Delhi
Decided on : Oct-17-2019
..... ), new delhi v. vatika township pvt. ltd., 2014 (10) scale510 can always be agitated before the learned arbitrator in an application under section 9 of the act.11. having heard counsel for both the parties and looking to the facts and circumstances of the case, it appears that after the appellant (original petitioner) was ..... request was not accepted, writ petition was preferred by the appellant (original petitioner) which was dismissed, on the fact that, an application under section 9 of the act can be preferred; moreover, there is an arbitration clause also in the agreement entered into between the appellant (original petitioner) and respondent no.3.10. counsel ..... shall be english. the governing laws shall be laws of india. the arbitral award shall be enforced in accordance with the provisions of the arbitration and conciliation act, 1996 or any of its amendments thereof." lpa3412019 page 2 of 5 5. the specification and characteristics of the contracted commodity were annexed as annexure-i .....
Tag this Judgment!Court : Delhi
Decided on : Oct-17-2019
..... business carried under a well known trademark enjoys.10. well known marks and trans-border reputation of brands was recognized by courts in india, even before trade marks act, 1999 came into force. in , the manufacturers of mercedes benz sought an injunction against the defendants who were using the famous "three pointed star in the circle ..... consumers. when a person uses another person's well known trademark, he tries to take advantage of the goodwill that well known trademark enjoys and such an act constitutes an unfair competition. the concept of confusion in the mind of consumer is 8. critical in actions for trademark infringement and passing off, as well as ..... 13. in support of the claims made herein above the plaintiff has placed on record documents along with certificate under sections 65a and 65b of the indian evidence act. when the suit came up before this court, this court was pleased to appoint a local commissioner to prepare the inventories of the impugned products infringing the .....
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