Facts
The appellant, Daya alias Dayawanti, is the widow of the deceased Sarwan Kumar who died in a motor vehicular accident on January 10, 2005. The accident occurred when a canter bearing registration No. HR-64-0903 collided with Sarwan Kumar's truck. The appellant filed a claim petition under Section 166 and Section 140 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 20...
Infringement of Trade Mark – Conflicting Trade Marks in Different Classes – Plaintiff holding registered trade marks in Class 5 for pharmaceutical and medicinal preparations, aggrieved by defendants' use of similar marks in different classes and subsequent usage in Class 5 for whey protein without valid registration – Prima facie case established against defendants for infrin...
Criminal Appeal – Summoning Order – Matrimonial Dispute – Allegations of assault, abuse, and threats – Present petition filed under Article 227 of the Constitution against the impugned summoning order – Petitioners (accused) challenge the legality and propriety of the summoning order – Court examines the facts and submissions of both parties. [Para 1]
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Taxation Law - Tax Demand – Setting Aside of Arbitrary Tax Demand: Petitioner challenged tax demand of Rs. 21,50,150/- for AY 2012-13 raised by respondent – Employer deducted tax but failed to deposit with revenue – Reliance on Section 205 of the Income Tax Act and pertinent judgments – Held, demand set aside as petitioner cannot be penalized for employer’s non-compli...
Civil Writ Petition – Challenge to disciplinary action and dismissal from banking services – Petitioner dismissed based on allegations of financial misconduct – Past instances of departmental proceedings and interventions by the Court – Repeated assessment of charges and disciplinary actions – Legal principles on maintaining financial probity in bank services – ...
Revision Petition in Eviction Case – Petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 – Challenging order allowing respondent's application for leave to defend in an eviction case – Eviction sought by petitioners on grounds of personal necessity for starting a business – Respondent denied existence of landlord-tenant relationship and questioned petiti...
Arbitration and Interest Award – Challenge of interest awarded by Arbitral Tribunal (AT) – Original award of 18% interest from 08 March 2004 modified by learned Single Judge to 12% from 06 July 2008 during pendency of Section 34 petition. [Paras 2, 18]
Modification of Arbitral Award – Learned Single Judge's order modifying interest rate set aside – High Cou...
Application for Amendment of Relief – Sought at End of Trial – Request to modify relief from declaration of a document as void to cancellation of the document – Consideration of legal implications and due diligence by the plaintiff – Plaintiff’s limited knowledge of legal terms and reliance on legal advice [Para 6].
Order VI Rule 17 C.P.C. – Limitat...
Employees' Compensation – Permanent Disability – Compensation – The appellant, who suffered a 60% permanent disability due to a fall while working, was initially awarded compensation by the Commissioner based on a medical certificate – The High Court set aside this award based on a subsequent medical examination conducted after nine years, which found no permanent disab...
Land Acquisition Act 1894 – Section 4 – Acquisition of land – Compensation – Claimants not entitled to the same compensation as awarded for lands acquired after 5 years from the date of acquisition – High Court awarding compensation at Rs.297/- per sq. yard unsustainable – Compensation rate revised to Rs.120/- per sq. yard [Paras 1-6].
Decision &nda...