Reported in : 2006(33)PTC629(Del)
.....the deponent is exempted from personal appearance in court or the court otherwise directs.8. in view of the aforesaid i am satisfied that given the facts and circumstances of the case, the personal attendance/appearance of the witness can be exempted and it is ordered accordingly.9. the copy of power of attorney is exhibit p-1. exhibit p-3 is the carton of the plaintiff while exhibit p-4 is carton of the defendant.10. a comparison of the two cartons show that the defendant has adopted the identical colour scheme and arrangement of the trade name. the white strip in the middle portion of the carton is similarly placed showing the cows and hen in similar position. taking into consideration that the product is utilised as a supplement of vitamin for cattle and poultry feeding, the innocent purchaser is likely to be misled in associating the product of the defendant with that of the plaintiff. it is clearly an attempt on the part of the defendants of slavish imitation. this is apparent from the copy of the cartons which are as under:11. in view of the aforesaid, a decree for permanent injunction is passed in favor of the plaintiff and against the defendant restraining the defendant.....
Tag this Judgment! Ask ChatGPTReported in : 127(2006)DLT400
.....the impugned judgment of the learned single judge dated 2.9.2005. we have heard the learned counsel for the parties and perused the record. the facts in detail have been set out in the judgment of the learned single judge and hence we are not repeating the same except where necessary.2. the writ petitioner has a godown at cuttak, orissa which was insured by the appellant covering risks inter-alia against fire, theft, burglary, riots and such other calamities attributable to nature and circumstances beyond control. 3. on 1st and 2nd november, 1999 the employees of the petitioner at the respondent's cuttak godown noticed that some miscreants had made forcible and violent entry into the godown which was an insured premises at cuttak.. thieves had managed to steal a large quantity of stored goods by committing house-breaking from the rear side of the insured godown. the petitioner lodged an fir dated 4.11.1999 and submitted a claim to the appellant in respect of such theft. however, the claim was rejected by letter dated 2.10.2000 stating that the incident was not covered by the two policies taken out by the petitioner. the petitioner protested and said that the incident was.....
Tag this Judgment! Ask ChatGPTReported in : 2006CriLJ4103; 127(2006)DLT789; 2006(87)DRJ440
.....notices under section 160 cr.p.c. thereforee, an application was moved by the io before the special judge, cbi. after giving the introductory facts and details about the planning and the conspiracy the concluding para of the application is as under:hence, n.diwakar had been telephonically called to attend cbi office on 12.12.2005 which was received by his relative. however, a call from n.diwakar was received stating that he is out of station and would join investigation on 14.12.2005. as he appeared to be avoiding investigation, on the same day he was issued a notice under section 160 cr.p.c. to appear on 13.12.2005 which was received by his servant. in response to the receipt sh. diwakar had called up over phone and agreed to be present on 13.12.2005. however, he did not appear on 13.12.2005. another notice under section 160 cr.p.c. was also issued on 15.12.2005 but the same could not be served as the house was found locked. he was once again issued a notice for appearance on 16.12.2005 which was served on his son sanjay diwakar. in reply a letter had been received from sanjay diwakar that his father was out of station. it appears that sh. diwakar is trying to evade the.....
Tag this Judgment! Ask ChatGPTReported in : 129(2006)DLT519; 2006(87)DRJ247; 2007(1)SLJ415(Delhi)
.....same time, we are of the opinion that ordinarily an enquiry should be completed within a reasonable period. however, no hard and fast rule can be laid down in this connection and it all depends on the facts of the case i.e., the gravity of the offence, the reason for the delay etc.11. in the present case, the charges are very grave and hence, in our opinion, the charge-sheet should not have been quashed on the mere ground of delay in holding the enquiry. the records had been seized by the police in the criminal case and hence there was some difficulty in continuing with the enquiry. now that the records have been released, the enquiry can be completed.12. apart from the above, since writ is a discretionary remedy, we are of the opinion that considering the facts and circumstances of the case, this was not a fit case for exercise of discretion under article 226 of the constitution.13. in the circumstances, we set aside the impugned judgment of the learned single judge and we direct that the enquiry be completed preferably within six months of production of a copy of this order before the concerned authority. appeal allowed.
Tag this Judgment! Ask ChatGPTReported in : 127(2006)DLT535
.....singh khurana, general secretary of the delhi sikh gurdwara management committee have intractably locked horns with each other. they have their own factions and supporters. the general secretary had convened the annual elections of the executive board for 19th december, 2005 in terms of his letter dated 28.11.2005. it transpires that in that particular period the president was part of the jatha which was on pilgrimage to nankana sahib, on the outskirts of lahore, pakistan. on his return the president took umbrage at the unilateral decision of the general secretary; at first he cancelled the election but thereafter allegedly held it on that very same day. this somersault is ironically matched the secretary's stance that the elections could not have been properly and legally conducted on that day, i.e. the one fixed by him. this challenge must, in large measure, be a consequence of the misfortunes of general secretary's faction since the group has failed to assume any significant semblance of power. this electoral drama which shall be unfurled, amplified and detailed below, is indeed peculiar and unique, with confusion being worse confounded with the passing of each day.2. learned.....
Tag this Judgment! Ask ChatGPTReported in : IV(2006)BC245; 2006(87)DRJ222
.....not violate article 14 of the constitution.15. in view of the above decisions of the supreme court we uphold the validity of section 21 of the act.16. learned counsel for the petitioner then submitted that the petitioner has no means to pay the amount mentioned in section 21 and hence the same may be waived. the same plea has been taken before drat as is evident from a perusal of the impugned order. the drat has after detailed consideration of the case held that nothing had been placed before it by the petitioners to show that it could not comply with the conditions of section 21. this is a finding of fact and we cannot interfere with the same in the writ jurisdiction. thus, there is no force in this petition and it is dismissed.
Tag this Judgment! Ask ChatGPTReported in : 131(2006)DLT115
.....by the learned single judge in this regard. respondent no.1 was entitled to his dues which were not being paid by the appellants despite the fact that a similar issue had been decided in favor of other similarly placed employees by the calcutta high court, which view was upheld by the supreme court in oriental insurance co. vs. national forum of special assistants wp (c) no. 1573/86 decided on 14.2.95. in spite of this, payments due to respondent no.1 and others similarly placed were withheld for which the appellants must bear the consequences. it must be appreciated that interest is a normal accretion on capital and is not a penalty. if the same had been paid in time to respondent no.1 he would have certainly earned interest thereon. the appellants cannot take the benefit of withholding the money legally due to respondent no.1. we, thereforee, do not find any good reason to interfere with the direction of the learned single judge to pay interest at 6% per annum. we direct the appellants to work out the amount and pay the same as soon as possible, preferably within four weeks from today.5. insofar as costs are concerned, it is again quite clear that the appellants have.....
Tag this Judgment! Ask ChatGPTReported in : (2006)204CTR(Del)50
.....of the transactions or the truthfulness of the explanationn offered by the assessed and resort to section 68 in case the same was found to be unsatisfactory. the facts, in the instant case, according to learned counsel, did not establish the genuineness of the transactions, no matter that the genuineness of the persons, in whose favor the shares were alleged to have been issued, had been established and the payments received by the assessed were by way of cheques.4. in stellar investment's case : [1991]192itr287(delhi) the issue which the revenue proposed to raise, related to the propriety of the tribunal taking resort to section 263 in the case by ignoring the material fact that the assessing officer had failed to discharge his duties regarding the investigation with regard to the genuineness and creditworthiness of the shareholders, many of whom were found to be students and housewives. the income-tax officer had assessed the company and accepted the increase in its subscribed capital. the commissioner of income-tax had, however, come to the conclusion that the assessing officer had not carried out a detailed investigation inasmuch as there had been a device of converting black.....
Tag this Judgment! Ask ChatGPTReported in : 2006(3)KLT478
.....of the relevant seniority list.' (emphasis supplied) i am afraid, the above dictum laid down by the supreme court cannot have any bearing on the factual or legal position available in this case. therefore, the contention that a language/specialist teacher cannot be considered for promotion to the post of headmaster so long as a graduate teacher (even if junior), is available in the school, is wholly misconceived and untenable.15. evidently separate seniority lists were maintained in respect of diploma holders, certificate holders and graduates in the above case. in the case on hand, it is the admitted position that a common seniority list is being maintained. therefore, the above contention based on chandravathi's case (supra) cannot be sustained at all.16. as noticed earlier, there is no ambiguity as regards the provisions contained in rule 45 in relation to the eligibility for promotion to the post of headmaster from among the qualified teachers in the school. if a graduate teacher with b.ed, qualification satisfies the conditions stipulated under rule 45, he will be eligible for promotion and appointment, as against the claim of an under graduate teacher, if the former has.....
Tag this Judgment! Ask ChatGPTReported in : RLW2006(2)Raj1112; 2006(2)WLC488
.....its land measuring 37038.5 sq. mtrs equivalent to 14 bigas and 16 bishwas situated at village madrampura, tehsil jaipur which is now as a matter of fact in the heart of capital city of rajasthan and its area is adjoining the civil lines just behind ministers' bungalows.2. the case set up by the petitioner company is that the proceedings for acquisition of land in question was initiated by a notice under section 52(2) of the rajasthan urban improvement act, 1959 (hereinafter referred as 'the act of 1959') vide annex. 1 dated 25.6.1975. by the said notice under section 52(2) of the act, the preamble of which read as 'because the under noted land is desired to be acquired for improvement and purpose of development of jaipur town and extension of civil lines area for construction of building' and in the body of the said notice the description of the land in question was given. another notice dated 23.8.1975 was issued by the same authority namely; special officer of town planning department, jaipur which was addressed to the petitioner's company at calcutta address and the name was also purported to have been issued under section 52(2) of the act calling upon the petitioner company.....
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