Delhi High Court Judgements

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C P C EVIDENCE ACT

DB – Defamation — Nowhere in the pleadings or in the evidence did the appellant or its witnesses state that the amounts were not due — Respondent’s assertion of there being outstanding amounts which had not been paid by the appellant Company cannot be termed to be false or per se defamatory.

admin_lawsdelhi Jun 27, 2023 0 Comments

DELHI HIGH COURT Before: Suresh Kumar Kait & Neena Bansal Krishna, JJ. RFA(OS) 3 of 2019 & CM APPL. 1031 of 2019 Reserved on: 10.04.2023 Decided on: 30.05.2023 India Skills…

C P C

“The process of the Court cannot be utilized for the purposes of gathering information as to the whereabouts or the other information in respect of the respondent/judgment debtor. It is the primary obligation of the petitioner/decree holder itself to obtain such information from wherever it is possible.

admin_lawsdelhi Jun 26, 2023 0 Comments

“The process of the Court cannot be utilized for the purposes of gathering information as to the whereabouts or the other information in respect of the respondent/judgment debtor. It is…

C P C

Trade Marks Act, 1999 (47 of 1999), Section(s) 28(3), 30(2)(e), 134 – Refusal of application for rejection of plaint – Maintainability of appeal — No provision for filing an appeal from an order of refusal of an application under Order VII Rule 11 of the CPC passed by a Court

admin_lawsdelhi Jun 25, 2023 0 Comments

DELHI HIGH COURT Before: Manmohan & Saurabh Banerjee, JJ. FAO(OS) (COMM) 3 of 2023 CM APPL.1397-1398 of 2023 Decided on: 12.01.2023 Bhushan Oil and Fats Pvt. Ltd. - Appellant Versus…

C P C INTELLECTUAL PROPERTY

DB – Code of Civil Procedure, 1908 (V of 1908), Order 7 Rule 11, Order 43 Rule 1 — Trade Marks Act, 1999 (47 of 1999), Section(s) 28(3), 30(2)(e), 134 – Refusal of application for rejection of plaint – Maintainability of appeal — No provision for filing an appeal from an order of refusal of an application under Order VII Rule 11 of the CPC passed by a Court — No appeal can be maintainable under the said provisions of Order XLIII Rule 1 of the CPC.

admin_lawsdelhi Jun 14, 2023 0 Comments

DELHI HIGH COURT Before: Manmohan & Saurabh Banerjee, JJ. FAO(OS) (COMM) 3 of 2023 CM APPL.1397-1398 of 2023Decided on: 12.01.2023 Bhushan Oil and Fats Pvt. Ltd. - Appellant Versus Mother…

C P C

Issues, Order 14 CPC – HELD judgment in a civil suit must return findings only on issues which have been framed and which issues, in turn, arise from the pleadings, and that a suit cannot be dismissed for reasons which have no foundation in the pleadings and/or on which no issue has been struck.

admin_lawsdelhi May 30, 2020 0 Comments

In, the Court reiterated that a judgment in a civil suit must return findings only on issues which have been framed and which issues, in turn, arise from the pleadings, and…

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INTELLECTUAL PROPERTY

Evidence By Way Of Affidavit Not Mandatory When Documentary Evidence Sufficient For Determining Well-Known Status Of Trademark

DIRECT TAXATION MUNICIPAL LAWS

DB – services rendered by advocates are professional activities, and, therefore, they cannot be levied with taxes under the “commercial establishment” category

ACCIDENT COMPENSATION RAILWAYS

Inquest proceedings were conducted around 8:55 am on 05.01.2017, which mentions the recovery of a journey ticket dated 04.01.2017 — Mere delay in noticing and reporting the incident by a third party ought to have been appreciated in light of the fact that the incident statedly took place in the month of January – Matter remanded to tribunal for grant of compensation

C P C EVIDENCE ACT

DB – Defamation — Nowhere in the pleadings or in the evidence did the appellant or its witnesses state that the amounts were not due — Respondent’s assertion of there being outstanding amounts which had not been paid by the appellant Company cannot be termed to be false or per se defamatory.