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Apr 06 2018 (HC)

Jaswin Arora vs.harmeet Singh Sood & Ors

Court : Delhi

.....been filed by the plaintiff seeking prayer that plaintiff be allowed to fix a sign board at some conspicuous place at the suit property wherein the fact of pendency of the litigation and passing of an interim order on the suit property is mentioned. defendant nos.2 and cs(os) no.3056/2014 page 2 of 9 3 are yet to be served. no one appeared on behalf of defendant no.4. defendant no.2 is served by the publication. in view of the reason stated in the application, the same is allowed. the plaintiff is allowed to fix a sign board at the suit property wherein the fact of pendency of the litigation and passing of an interim order on is mentioned. the suit property the application is disposed of.” 2. the learned counsel for the applicant has referred to the prayer clause of the plaint as well as the prayer made in the injunction application (ia no.19555/2014)which notes as under:-"agreement to against the their part of the defendants the plaint “i) pass a decree in favour of the plaintiff and defendants, more particularly the defendants no.1, 2, and 3 directing to specifically perform sell/ memorandum of understanding dated 19.05.2012 and 22.5.2012 thereby directing the defendants.....

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Apr 06 2018 (HC)

Sanjeev Chugh ( Deceased)through His Lrs vs.om Prakash Batra & Anr

Court : Delhi

.....tenant is concerned, there is no dispute regarding the same.5. on the issue of bona fide requirements of the respondents/landlords the arc noted the fact that the said sons have completed their education in 2000 and 2003 respectively and the fact that the two sons have done diploma in computers. the arc also noted that there is no computer shop in the entire lane where the property is situated. it also noted that form 16a of the two sons show their earnings to be in the range of rs.2 lacs per year only. the income reflected in the certificates do not show that the sons have the capacity to set up their own business independently and hence the arc concluded that they are dependent upon the respondents for the purpose of accommodation for running their new business. on the objection of the respondents that the mezzanine floor of the property can only be used for storage purposes and the respondents cannot use the same for running of a computer shop, the arc noting the evidence concluded that the petitioners themselves have been using the tenanted premises for retail purposes. further, the entire lane where the premises is located is being used for commercial purposes and the.....

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Apr 06 2018 (HC)

Getamber Anand & Anr. Vs.anil Kumar Saha

Court : Delhi

.....all its shareholdings in favour of the petitioners as agreed in terms of schedule 3 of the mou at face/par value.4. briefly stated, the relevant facts necessary to address the controversy are as under:-"4.1 in the year 1998, the petitioners, namely, sh ashwani talwar and sh getamber anand joined together with the respondent – who is an architect by profession – to promote the company (m/s ats promoters and developers private limited) for the purposes of carrying on the business of real estate development. each of the three promoters (the parties herein) held equal number of shares in the company. 4.2 certain disputes arose between the petitioners on one hand and the respondent, on the other hand, agreed to exit from all the companies promoted and incorporated by the parties to carry on their businesses. o.m.p. (comm) 258/2017 page 3 of 18 4.3 in the aforesaid context, the parties entered into the mou. the mou, inter alia, records that the three parties had started the real estate development and construction business and had promoted and incorporated companies set out in schedule 1 to the mou for the purposes of carrying on the real estate development and construction......

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Apr 06 2018 (HC)

Puja Kumar vs.union of India & Anr.

Court : Delhi

.....and are being disposed of by this w.ps.(c) 3362/2018, 3375/2018 & 3376/2018 page 1 of 2 common order. the grievance of petitioners in these three petitions is that their representations have not been dealt with by second respondent.3. in the facts and circumstances of this case, it is deemed appropriate to dispose of these three petitions with permission to petitioners to make concise representations to second respondent within a week and if such representations are received by second respondent, then the said representations be effectively considered by second respondent by passing a speaking order thereon, within a period of eight weeks and the fate of the representations be conveyed to petitioners within a week thereafter, so that petitioners may avail of the remedies as available in law, if need be.4. with aforesaid directions, the above-captioned three petitions and the applications are disposed of. copy of this order be given dasti to counsels for petitioners and the second respondent. (sunil gaur) judge april06 2018 s w.ps.(c) 3362/2018, 3375/2018 & 3376/2018 page 2 of 2

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Apr 06 2018 (HC)

Dev Chander Sood & Ors vs.h.l.sud & Ors

Court : Delhi

.....no.e-2, ndse-i, new delhi. the said assessment order has been proved as ex.pw1/2. the said order also records that in response to notice under section 143(2) of the income-tax act, 1961, shri har kishan lal son of the assessee attended with shri rajinder singh, advocate and had filed brief history of the case. on the basis thereof, it is contended that the defendant no.1 has been privy to assessment of property no.e-2, south extension part-i as property of the huf.8. the counsel for the plaintiffs has lastly contended that though the plaintiffs did not have the originals of the agreements executed by the family members from time to time but the counsel for the defendants in cross- examination of the witness of the plaintiffs has put the photocopy of the agreement dated 25th october, 2006 executed by the family members to the witness of the plaintiffs and the said agreement was proved as ex.pw1/d1.9. it is deemed appropriate to set out herein below the said agreement in its entirety: “agreement this agreement is made with the consent and desire and understand of sh. h.l. sud, d.c. sud, s.p. sud (sons of sh. h.l. sud) on october 25, 2006 at south extension (e-2), part-i......

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Apr 06 2018 (HC)

Vippy Solvex Products Ltd vs.state Trading Corporation (I) Ltd. & Anr

Court : Delhi

.....supplier (hereinafter called „the said certificate). stc shall be entitled to apply suppliers share of the excess, wholly or in part, towards satisfaction of any claim that may be lodged by the foreign buyer on the ground of breach or default in respect of the export contract in regard to the quantity, or quality of the goods or shipment thereof or any claim for demurrage irrespective of the fact whether the foreign buyer‟s claim has arisen on the ground of any breach or default on the part of the supplier for purposes of fulfillment of stc‟s obligations under or by virtue of the export contract. subject to the foregoing, stc shall be liable to issue the said certificate only after the supplier has fully performed all its / his obligations under or by virtue of this contract and after the definitive acceptance of the goods by the foreign buyer and release of stc‟s bank guarantee by the foreign buyer. payment terms: payment of the price shall be effected by means of an internal l/c to be opened by stc in favour of the supplier only after the receipt by stc of l/c(s) from the foreign buyer acceptable to the stc as per the export contract and receipt by stc of the suppliers.....

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Apr 06 2018 (HC)

Dhani Ram vs.the State & Anr

Court : Delhi

.....of the claims tribunal has been perused. as per the medical record submitted before the claims tribunal, respondent no.2 was taken to sri balaji action medical institute, paschim vihar, new delhi on 03rd december, 2014 at 12:50 p.m. and he was discharged after x-ray and medicines. as per the said documents, there appears to be a clevical fracture in the left shoulder of respondent no.2 for which he had clevical support and arm sling pouch. respondent no.2 has placed on record nine medical bills totaling to rs.4,301/-.6. the appellant filed evidence by way of affidavit before the claims tribunal in which he deposed that he has suffered grievous injuries but no description of the injuries has been given. respondent no.2 has neither given the details to the treatment taken nor the period of treatment. a vague statement has been made in the affidavit that rs.2 lakh had been spent on mac.app.250/2017 page 2 of 4 medical treatment, medicines, special diet and attendant charges.7. this court is satisfied that the amount awarded by the claims tribunal is exorbitant and liable to reduced. the claims tribunal has awarded compensation of rs.10,000/- towards conveyance and rs.20,000/-.....

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Apr 06 2018 (HC)

Ihhr Hospitality Pvt. Ltd. Vs.ananda Resort

Court : Delhi

.....and are already on record. i have therefore heard the counsel for the plaintiffs on merits qua the relief of injunction.” 4. the relevant facts of the present case are that the plaintiff is the proprietor of the trade mark ananda which was adopted by plaintiff in 1998. the plaintiff’s mark was registered under classes 03, 05, 21 and 30 under the old trade and merchandise marks act, 1958 and is currently registered under class 42 under trade marks act, 1999. the plaintiff is stated to have commenced commercial use of the trade mark for hotel services in 1999. it is further stated that plaintiff’s famous ananda hotel and spa resort has been voted as the world’s no.1 destination spa for many years by famous world’s premier travel cs (comm) 356/2017 page 2 of 4 magazines. it is also stated that plaintiff’s ananda hotel is a world renowned destination that provides guests with the ultimate luxury in hospitality. it is averred in the plaint that the plaintiff markets and sells a variety of products under the trademark ananda and also owns and operates a premier spa institute in hyderabad under the name ananda. it is stated that trademark ananda forms a key and.....

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Apr 06 2018 (HC)

Commercial Senior Secondary School vs.directorate of Education and Ors ...

Court : Delhi

.....reminders to respondent-directorate of education, a nominee has not been appointed by respondent-directorate of education to enable petitioner to initiate disciplinary proceedings against second respondent, who was unauthorizedly absent for twenty months.2. in the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with direction to respondent-directorate of education to promptly consider petitioner’s last representation of 13th w.p.(c) 3320/2018 page 1 of 2 february, 2018 (annexure-p) within a period of four weeks from today and intimate its fate to petitioner within a week thereafter, so that petitioner may avail of the remedies as available in law, if need be. it is made clear that in case a nominee is not to be appointed by respondent- directorate of education, then reasons for not doing so, be conveyed to petitioner.3. with aforesaid directions, this petition and the application are disposed of. copy of this order be given dasti to counsel for the parties. (sunil gaur) judge april06 2018 s w.p.(c) 3320/2018 page 2 of 2

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Apr 06 2018 (HC)

Anu Yadav vs.secretary (School Edu. And Literacy) and Ors.

Court : Delhi

.....her application form on 21.02.2018 should be believed.12. having given my thoughtful consideration, i am of the view, that in the light of the categoric denial by the respondents that the submission of the petitioner’s application form was ever completed as per procedure before the prescribed deadline time of 5:30 p.m. on 12.03.2018, it is not possible for this court, while exercising jurisdiction under article 226 of the constitution, to come to a conclusion that her form was duly submitted as per procedure.13. in view of the aforesaid conclusion that the submission of the petitioner’s application form itself was not completed, the court is unable to accede to the prayer made by the petitioner to direct the respondents to accept her fees belatedly.14. the petition is dismissed with no order as to costs. the pending applications also stand disposed of. (rekha palli) judge april06 2018/gm wp (c) no.2847/2018 page 5 of 5

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