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Delhi

This tag is associated with 78 posts

Admissions to children in schools transferred from different states to Delhi in the middle of sessions – Notification was issued against to the admissions – challenged – Apex court held that In our considered opinion, it was not permissible for the Administration to alter the basis of admission after the admission process had started and further having participated in the selection process the criteria for selection could not have been questioned by unsuccessful participants.Mr. Raju Ramachandran, learned senior counsel appearing for Delhi Administration, fairly submitted that these 24 candidates shall also be accommodated in the schools. Therefore, we direct that these 24 candidates shall get admission, if not at all admitted, being the successful candidates under the Inter-State Transfer category under Notification dated 18th December, 2013. It goes without saying that the Administration shall take steps to accommodate these students in various schools within its jurisdiction by increasing the number of seats in such schools. In the circumstances, we direct that the admissions already granted to the appellants’ children shall not be disturbed on the basis of impugned Notification dated 27th February, 2014 deleting points for Inter State Transfer. These children shall continue their study in those schools where they got admitted or selected for admission.= Major Saurabh Charan and others etc. …..Appellants Versus Lt. Governor, NCT of Delhi and others etc. ….Respondents= 2014 ( May. Part ) http://judis.nic.in/supremecourt/filename=41516

Admissions to children transferred from different states to Delhi in the middle of sessions – Notification  was issued against to the admissions – challenged – Apex court held that In our considered opinion, it was not  permissible  for the Administration to alter the basis of admission after  the  admission process had started and further having  participated  in  the … Continue reading

Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short “the SICA). – Application for protection of sec.22 (1) of SICA by Guarantors – whether maintainable – Settled law – if the action filed by the Bank comes with in the ambit of term suit, he can obtain protection – if the action of Bank is in the nature of proceedings , he can not avail the protection – in this case , he filed application in proceedings , High court rightly dismissed the application = Inderjeet Arya and another …. Appellants Verses ICICI Bank Limited …. Respondent = Published in judis.nic.in/supremecourt/filename=41087

Section  22(1)  of  the  Sick  Industrial Companies (Special Provisions) Act, 1985 (for short “the SICA). – Application for protection of sec.22 (1) of SICA by Guarantors – whether maintainable – Settled law – if the action filed by the Bank comes with in the ambit of term suit, he can obtain protection – if the action of Bank … Continue reading

Sec.406 I.P.C.- Criminal breach of Trust – police reported the case as false – protest petition and it’s appeal were dismissed by lower courts – High court in revision set aside the lower courts order and remanded the case finding prima faice offence for next step allowing protest petition – Apex court confirmed the High court order – Complainant clearly deposed that he had handed over gold while purchasing cloth in accused shop and were not returned – accused admitted the same – enough to hold prima faice case against the accused – accused admitted it – burden lies on him to prove non-guilty = Ghanshyam …. Appellant Vs. State of Rajasthan …. Respondent = Published in/Cited in / Reported in judis.nic.in/supremecourt/filename=41078

Sec.406 I.P.C.- Criminal breach of Trust – police reported the case as false – protest petition  and it’s appeal were dismissed by lower courts – High court in revision set aside the lower courts order and remanded the case finding prima faice offence for next step allowing protest petition  –  Apex court confirmed the High … Continue reading

National Pharmaceutical Pricing Authority (NPCA) under the DPCO,1995, – the Drugs (Prices Control) Order (for short, ‘DPCO’) – Fixation of prices /Revised prices of the drugs manufactured & stocked by company by notification – Whether operative in respect of all sales subsequent to 15 days from the date of the notification by the Government in the official gazette/receipt of the price fixation order by the manufacturer – Karnataka High court held that it applies from the date of notification -that revised prices will not apply to the existing stocks but only to new batches of drugs and formulations to be manufactured after 15 days of the notification cannot be accepted. The provisions of the DPC Order are clear that prices should be revised within 15 days even in regard to the formulations which were manufactured prior to the date of notification or those manufactured within 15 days from the date of notification. – Delhi high court held that it applies only after 15 days of notification – Apex court held that Karnataka High court view is correct and Delhi High court view is incorrect – held that it applies only from the date of Notification to all sales & stocks = GlaxoSmithKline Pharmaceuticals Limited (Formerly known as SmithKline Beecham Pharmaceuticals (India) Limited) … Appellant Versus Union of India & Ors. … Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41053

National  Pharmaceutical Pricing Authority (NPCA) under the DPCO,1995, – the  Drugs      (Prices  Control)  Order  (for  short,  ‘DPCO’)  – Fixation of prices /Revised prices of the drugs manufactured & stocked by company by notification – Whether operative in respect of all sales subsequent  to 15 days from the date of the notification by the Government in the  official gazette/receipt of the price … Continue reading

Sections 302 and 120B read with Section 34 of IPC. -Anticipatory Bail – an absconder/proclaimed offender is not entitled for anticipatory bail – high court with out considering these facts granted anticipatory bail – set aside – appeal was allowed = State of Madhya Pradesh …. Appellant(s) Versus Pradeep Sharma …. Respondent(s) = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41048

Sections  302     and  120B  read  with  Section  34  of  IPC. –Anticipatory Bail – an absconder/proclaimed offender is not entitled for anticipatory bail – high court with out considering these facts granted anticipatory bail – set aside – appeal was allowed =        in Lavesh vs. State (NCT of Delhi), (2012) 8 … Continue reading

Sec.138 N.I.Act – Sec.201 of Cr.p.c. – Power of magistrate to recall it’s orders – Jurisdiction of court for cheque bounce case = (i) Whether the Magistrate after having found sufficient ground for proceeding in case and issued summons under Section 204 Cr.P.C. has the jurisdiction to recall or review the order by exercising its power under Section 201 Cr.P.C.; = Apex court held – No. (ii) Whether the petition under Section 138 of the N.I. Act was maintainable at Mumbai on the ground that goods were supplied from Mumbai to Delhi and cheques were handed over at Mumbai and legal notice was issued from Mumbai. = Apex court held – Yes = DEVENDRA KISHANLAL DAGALIA … APPELLANT VERUS DWARKESH DIAMONDS PVT. LTD. AND ORS. … RESPONDENTS = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40991

Sec.138 N.I.Act – Sec.201 of Cr.p.c. – Power of magistrate to recall it’s orders – Jurisdiction of court for cheque bounce case = (i)   Whether the Magistrate after having found sufficient ground  for       proceeding in case and issued summons under Section  204  Cr.P.C.  has       the jurisdiction to recall … Continue reading

Code of Criminal Procedure, 1973 – s.239 – Ambit of – Approach to be adopted by the Court while exercising the powers vested in it u/s.239 CrPC – Discussed – Matrimonial case – Allegations of harassment for dowry and mental and physical torture by wife against husband (appellant no.3) and parents-in-law (appellant nos.1 and 2) – Cognizance by Court u/s.498A – Application by appellants for discharge u/s.239 CrPC – Dismissed by trial Court – Justification of – Held: Justified = The case at hand being a warrant case is governed by Section 239 Cr.P.C. for purposes of determining whether the accused or any one of them deserved to be discharged. A plain reading of Section 239 CrPC would show that the Court trying the case can direct discharge only for reasons to be recorded by it and only if it considers the charge against the accused to be groundless. It is trite that at the stage of framing of charge the court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom, taken at their face value, disclosed the existence of all the ingredients constituting the alleged offence. At that stage, the court is not expected to go deep into the probative value of the material on record. What needs to be considered is whether there is a ground for presuming that the offence has been committed and not a ground for convicting the accused has been made out.- It is well-settled that at the stage of framing of charge the defence of the accused cannot be put forth. The submissions of the accused has to be confined to the material produced by the police. Clearly the law is that at the time of framing charge or taking cognizance the accused has no right to produce any material.= Sheoraj Singh Ahlawat & Ors. …Appellants Versus State of Uttar Pradesh & Anr. …Respondents = Pulished in http://judis.nic.in/supremecourt/helddis.aspx

Code of Criminal Procedure, 1973 – s.239 – Ambit of – Approach to be     adopted by the Court while exercising the powers vested in it u/s.239 CrPC – Discussed – Matrimonial case – Allegations of harassment for dowry and mental and physical torture by wife against husband (appellant no.3) and parents-in-law (appellant nos.1 … Continue reading

unsolicited calls from banks/financial institution, like ICICI, UTI, HSBC, HDFC etc. for tele-marketing their products and services.- complaint =

 unsolicited calls from banks/financial institution, like ICICI, UTI, HSBC, HDFC etc. for tele-marketing their products and services.- complaint =  A complaint filed for unsolicited calls claiming heavy damages before the state commission – State commission converted the complaint as a representative suit – Cellular Operators Association was also impleaded after that – interim orders given … Continue reading

The original rectification application is for the removal of the Trade Mark “Hans Smart” registered under No.763522 in Class 6 under the provisions of the Trade Marks Act, 1999. Ans :- Allowed = M/s. K.L. Steels Pvt. Ltd., Having its office at Z-18, Naraina New Delhi-110028. …Applicant (Represented by Shri Sri Sachin Gupta ) Vs. 1. M/s.Hans Metal Pvt. Ltd., 123/528-A, Factory Area, Fasal Ganj, Kanpur. 2. Registrar of Trade Marks, Trade Mark Registry, New Delhi. … Respondents published in http://www.ipab.tn.nic.in/207-2013.htm

The original rectification application is for the removal of the Trade Mark “Hans Smart” registered under No.763522 in Class 6 under the provisions of the Trade Marks Act, 1999. The applicants adopted and used the Trade Mark “Smart” since 01.04.1987.  On account of extensive marketing and continuous use, the trade mark ‘Smart’ has acquired formidable … Continue reading

sushil sharma death sentence was commuted in to life imprisonment = SUSHIL SHARMA Vs. STATE (NCT) OF DELHI published in judis.nic.in/supremecourt/filename=40866

sushil sharma death sentence was commuted in to life imprisonment  =         The appellant was  the  State  President  of  the Youth Congress in Delhi.   The deceased was a qualified  pilot  and  she  was   also the State General Secretary of  Youth  Congress  (Girls  Wing),  Delhi.   She was an independent lady, who … Continue reading

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