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learned counsel

This tag is associated with 22 posts

Order VI Rule 7 of the Code of Civil Procedure.= merely because an amendment may take the suit out of jurisdiction of that court is no ground for refusing an application preferred under Order VI Rule 7 of the Code of Civil Procedure.

PUBLISHED IN http://judis.nic.in/supremecourt/imgst.aspx?filename=40624 Non-reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 6273 OF 2013 [Arising out of SLP (Civil) NO.11428 of 2012) Tara V. Ganju & Anr. .. Appellants Versus Basant and Co. & Ors. .. Respondents   J U D G M E N T K. S. Radhakrishnan, J   … Continue reading

INTELLECTUAL PROPERTY APPELLATE BOARD This application is being filed for rectification of the mark Bengal Lamps registered under No.895089 in class 11 in favour of the respondent. The learned counsel for the applicant is present and has made his submissions. Neither the learned counsel for the respondent nor anyone on behalf of the respondent is present. 3. The learned counsel for the applicant has also produced before us the history sheet of the mark impugned herein and it has been renewed upto 29.12.2009 and not thereafter. Perhaps this is the reason why there is no appearance on behalf of the respondent. Since they are no longer interested in continuing the registration of the impugned mark, ORA/9/2005/TM/KOL is allowed. The mark which has not been renewed shall stand removed from the register of Trade Marks.

INTELLECTUAL PROPERTY APPELLATEBOARD Guna Complex, Annexe-l, 2nd floor, 443, Anna  Salai, Teynampet,  Chennai 600 018 (Circuit Bench sitting at Kolkata)   ORA/9/2005/TM/KOL TUESDAY, THIS THE 29TH DAY OF FEBRUARY, 2012 HON’BLE Smt. JUSTICE PRABHA SRIDEVAN    …     CHAIRMAN HON’BLE Shri V. RAVI                                             …    TECHNICAL MEMBER   M/s Bengal Lamps Limited, 137, Prince Gulam Hussain Shah Road, … Continue reading

whether penalty and interest can be levied and collected when the duty has been paid before the issue of Show Cause Notice under the provisions of the Central Excise Act, 1944 (`the Act’ for short).

1   IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2012 (@ DY.NO.11065 OF 2006)   COMMNR.OF CENTRAL EXCISE, KOLKATA … APPELLANT VERSUS M/S.PLAXAIR INDIA PVT. LTD. … RESPONDENT   O R D E R   1. Delay condoned.   2. Learned counsel for the sole respondent appears and takes … Continue reading

the killing of two other policemen without premeditation and without any motive whatsoever was an act done out of panic reaction and in a state of frenzy and it was not one of the rarest of rare cases where death sentence could be awarded.

Reportable   IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1436 of 2010 Absar Alam @ Afsar Alam …… Appellant   Versus   State of Bihar …… Respondent     J U D G M E N T A. K. PATNAIK, J.   This is an appeal by way of special … Continue reading

reopening of case for examination of witnesses=Petitioner approached this Court invoking the provisions under Section 397 and 401 of Cr.P.C. aggrieved by the docket order dated 08.11.2011 in M.C.No.3 of 2008 on the file of the Judicial Magistrate of First Class, Alur, Kurnool District. = the petitioner herein is directed to be present before the concerned Court on the next date of hearing and to file an application for fixing a date to examine himself as a witness. The learned Magistrate is also directed to fix a date on payment of Rs.500/-(Rupees five hundred only) as costs to the respondent and on the date fixed, the petitioner is directed to be present in court and examine himself as a witness.

                   THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.5 of 2012   ORDER:               Petitioner approached this Court invoking the provisions under Section 397 and 401 of Cr.P.C. aggrieved by the docket order dated 08.11.2011 in M.C.No.3 of 2008 on the file of the Judicial … Continue reading

no arrest during investigation=The allegation made against the petitioner is that he fraudulently obtained a caste certificate and the same was cancelled by the District Collector, Khammam.=The offences alleged against the petitioner are punishable under Sections 420 of IPC and 10, 11, and 12 of the Regulation of Issue of Community Certificate Act 1993 (Act 16 of 1993). Admittedly, the matter is at the stage of investigation. Further, the complaint prima facie reveals some allegations against the petitioner. Hence, this Court is not inclined to quash the proceedings against the petitioner, at this stage. However, in the facts and circumstances of the case, the police are hereby directed to complete the investigation without making arrest of the petitioner and after completion of investigation to file a final report either way before the competent Court.

HON’BLE SRI JUSTICERAJA ELANGO CRIMINAL PETITION No.180 of 2012   ORDER: This Criminal Petition is filed by the petitioner-accused,  under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in Crime No.63 of 2011 of P.S. C.I.D., Hyderabad. The allegation made against the petitioner is that he fraudulently obtained a caste certificate and the same … Continue reading

no arrest in matrimonial cases during investigation =the petitioners apprehend arrest in the hands of the 1st respondent-Police. In the present case, the question of identity and custodial interrogation is not necessary. Hence, the first respondent-Police are directed to complete the investigation without making arrest of the petitioners.

THE HONOURABLE SRI JUSTICERAJA ELANGO   CRIMINAL PETITION No.161 of 2012   ORDER:     Petitioners approached this Court invoking the provisions under Section 482 Cr.P.C. seeking to quash the proceedings against them in Crime No.108 of 2011 of Darsi Police Station, Prakasam District, whereby they are arrayed as accused for the offence punishable under Sections 498-A of IPC and … Continue reading

stay of execution is to be perused in the appeal not in the execution petition=The petitioner preferred an appeal with delay condone application against the judgment and decree in the suit, which the decree holder sought to execute. Admittedly, no stay is granted by the appellate Court staying the judgment and decree. Until and unless the appellate Court stays the execution of the decree, the decree holder is entitled to proceed with for execution of the decree. The petitioner having filed the appeal, it is for him to move the appellate Court and get stay of execution of the decree. The petitioner without pursuing his remedy before the appellate Court, filed the present application, seeking stay of the EP Proceedings, which the Court below has rightly dismissed, and I find no error, whatsoever to interfere with the same.

HONOURABLE SRI JUSTICE N.V. RAMANA                                                                                                   CIVIL REVISION PETITION No:258 OF 2012        ORDER: This revision is filed against the order dated 6.8.2010 passed in EA No.162 of 2010 in EP No.32 of 2009 in O.S.No.52 of 2000 on the file of the Additional Senior Civil Judge, Chittoor. The petitioner-Judgment debtor filed the application viz., … Continue reading

Refreshment Room at Vijayawada Railway Station=Merely because the contract was extended temporarily upto 20.01.2012 by the respondent authorities and acceptance of the licence fee thereof does not confer any legal right on the petitioner to claim further renewal/tenure of the licence was for a period of nine years and the same gets expired by 13.04.2015

HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 1192 of 2012   DATED 25th January, 212     BETWEEN   N.Seshaiah       …….Petitioner and   Indian Railways Catering and Tourism Corporation Ltd., South Central Zone, Secunderabad, rep. by its Group General Manager, and ors           ……Respondents   HONOURABLE SRI JUSTICE … Continue reading

whether the tahsildar has got power to suspend the fair price shop dealer ?=the appointing authority for a fair price shop dealer is the Revenue Divisional Officer or the Sub-Collector concerned. It is the appointing authority, who can exercise the power of suspending the authorization, but not the agency, which is subordinate to the appointing authority for the fair price shop dealer. Therefore, it is contended that the Tahsildar, Narayankhed Mandal has no power to suspend the authorization of the fair price shop of the petitioner.=as per the definition of expression “disciplinary authority”, the Tahsildars in certain areas do fall within that expression. Therefore, the Tahsildar, Narayankhed Mandal of Medak District is legitimately entitled to exercise the power of disciplinary authority. Under Clause (20) of the Order mentioned supra, an appeal would lie to the appellate authority. It is therefore appropriate that the writ petitioner should approach the appellate authority, as certain disputes, which are essentially and intricately involved in determination of facts, are involved in the present case.

THE HON’BLE SRI JUSTICENOOTY RAMAMOHANA RAO WRIT PETITION No.1325 of 2012 ORDER: This writ petition is preferred by a fair price shop dealer of Anantasagar Village of Narayankhed Mandal of Medak District challenging the validity of the orders passed on 17.12.2011 by the Tahsildar, Narayankhed Mandal suspending the authorization of the fair price shop of … Continue reading

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