Delhi Court December 2010 Judgments
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Gaurav Gupta Vs. Nidhi Bansal and ors.
Court: Delhi
Decided on: Dec-15-2010
1. This is a suit for recovery of Rs.20,01,000/- towards damages and permanent injunction.2. The plaintiff is the husband of defendant No.1, son-in-law of defendants No.2 & 4 and brother-in-law of defendant No.3. The grievance of the plaintiff is that the defendants are visiting the office of Nestle India Ltd., in Gurgaon where he is working and are also writing defamatory letters against him to his employers. It is alleged in the plaint that defendant No.1 has been writing letters to the employer of the plaintiff, to wreck personal vendetta on him and to ensure that his services are terminated. It is further alleged that she is trying to malign the reputation of plaintiff by making calls and baseless allegations. It is also alleged that on 09.08.2010, defendants No.1 & 2 came to the office of the plaintiff and created a scene in the office, alleging that he had absconded and was not taking the calls of defendant No.1. Defendant No.1 is also alleged to have called up the junior of the ...
Sunil Guglani and ors. Vs. State and anr
Court: Delhi
Decided on: Dec-15-2010
:1. This petition has been preferred by the petitioners assailing an order dated 10th November 2008 passed by learned MM summoning the petitioners herein as accused persons under Sections 346/468/471/474/120B/ 420 IPC observing that the complainant has shown prima facie that these offences were committed by the petitioners/ accused persons.2. Brief facts relevant for the purpose of deciding this petition are that the respondent no.2 filed a complainant under Section 156(3) Cr.P.C for registration of an FIR under Section 420/463//468/471/474 read with Section 120B alleging therein that the petitioners herein had fabricated a notice purported to have been Crl.MC 445/2009 Page 1 Of 4 issued by respondent no.2 whereunder it was shown that the respondent had offered petitioners to purchase the property of the company valued several crore of rupees for a meager amount of Rs.30 lac and this forged notice was filed by the petitioners in a pending suit along wit h a written statement in the co...
Lemon Exim Private Limited Vs. Vinton Healthcare Limited
Court: Delhi
Decided on: Dec-15-2010
1. This application under Sections 391 and 393 of the Companies Act, 1956 (Act, for short) has been filed by Lemon Exim Private Limited (Transferor Company) and Vinton Healthcare Limited (Transferee Company) in respect of scheme of arrangement, which has been enclosed as Annexure-D to this application.2. In the application, details with regard to the date of incorporation of the transferor and transferee company, their authorized, subscribed, issued and paid up share capital have been stated. Registered office of the transferor company and the transferee company are located within the National Capital Territory of Delhi. Along with the application, the transferor company and the transferee company have enclosed copy of their Memorandum and Articles of Association. The latest audited balance sheet as on 31st March, 2010 and unaudited balance sheet as on 30th October, 2010 of the transferee company have been placed on record. The transferor company was incorporated only on 8 th November,...
State Vs. Rajender and anr.
Court: Delhi
Decided on: Dec-15-2010
This is an application seeking condonation of delay under Section 5 of the Limitation Act in filing the petition for leave to appeal against the judgment dated 19th April, 2010.The applicant has contended that he has a prima facie case and the petition seeking leave to appeal has been delayed on account of many factors. According to the applicant, considerable time was taken for procuring the certified copy of the judgment. Thereafter, time was taken in preparing a report recommending the filing of the petition for leave to appeal and perusal of the recommendations by the director of prosecution and by Secretary, Law and Justice. The applicant has contended that 80 days delay occurred on account of various steps taken in finalizing the decision to file the petition seeking leave to appeal and in the circumstances, it is contended that there is sufficient cause in the facts and circumstances to condone the delay in filing the petition for leave to appeal.The applicant has relied on Coll...
State Vs. Suresh Kumar and anr.
Court: Delhi
Decided on: Dec-15-2010
This is an application by the appellant/applicant seeking condonation of delay in filing the petition for leave to appeal on the ground that the impugned judgment was pronounced on 31st March, 2010 and considerable time was taken in procuring the certified copy of the judgment, which was received on 26th June 2010. On 7th August 2010, the learned additional public prosecutor had prepared the draft and the matter was referred to the Prosecution Department for taking the appropriate action in this regard.The applicant has given the details as to who has considered the file to decide whether a petition for leave to appeal is to be filed or not. The applicant has relied on Collector of Land Acquisition v. Katiji, (1987) 2 SCC 107 and State of Nagaland v. Lipok Ao, 2005 (3) SCC 752 holding that sufficient cause should be considered with pragmatism in justice oriented approach rather than a technical defection of sufficient causes for explaining every days delay having regard to considerable...
SachIn Vs. State
Court: Delhi
Decided on: Dec-15-2010
The accused/appellant is in jail as he was convicted by the trial Court under Sections 363 & 376 IPC on the allegations of raping prosecutrix Ishaana (name changed). Sachin was Hindu and Ishaana was Muslim. Sachin was aged around 18 year and Ishaana was around 16 year of age. It is apparent from the statement of Ishaana under Section 164 Cr.P.C. that Sachin and Ishaana fell in love with each other. Ishaana had a friend Sonia. Her (Sonia) services were used by Sachin and Ishaana and both of them came close to each other. In her statement, she (Ishaana) told MM that Sonia convinced her that Sachin was a good person and used to earn around Rs.15,000/- per month. At convincing of Sonia she had started meeting Sachin frequently and ultimately both of them ran away. They lived together in Mathura for about 06 months. According to Sachin the mother of the girl assured Ishaana that she would be married with Sachin in presence of society and brought her back. After she was brought back, a case ...
The Financial Times Ltd. Vs. Bennett Coleman and Co. Ltd.
Court: Delhi
Decided on: Dec-15-2010
1. This is an application by the first two defendants seeking stay of the proceedings in thesuit under Section 124 of the Trade Marks Act, 1999. The defendants No.1 and 2 contend that, prima facie, the plaintiff's trade mark `FT' in respect of which the present infringement action has been filed, is not distinctive. The plaintiff had claimed that the `FT' letter mark was applied for in 1987. The defendant-applicant argues that the court's enquiry has to stop and conclude at the point of time when the application was made by the plaintiff in 1987. It is submitted that there is no material on record to show that letter mark `FT' had any inherent or acquired distinctiveness as of that period and that the materials on record till date are scanty.2. Counsel for the applicants rely upon the judgment of this Court reported as Puma Stationer P. Ltd. and Anr. v. Hindustan Pencils Ltd. 2010 (43) PTC 479 (Del.). It is stated that the inexonerable operation of Section 124 is such that when an appl...
Delhi Jal Board . Vsanish Kumar
Court: Delhi
Decided on: Dec-15-2010
1. This appeal has impugned the judgment and decree dated 27.11.1999 which has reversed the finding of the trial judge dated 31.5.1996. Vide judgment dated 31.5.1996 the suit of the plaintiff Anish Kumar seeking permanent injunction had been dismissed. Vide impugned judgment dated 27.11.1999 the suit was decreed.2. Briefly stated the factual matrix of the case are as follows: (i) Plaintiff was selected for the post of Sewer Cleaning Machine (SCM) driver in the pay scale of Rs.950-1400 by the defendant MCD/defendant corporation after sponsorship of his name by the employment exchange. Six candidates were selected; name of the plaintiff was at Sl.No.5. Plaintiff was posted as SCM driver with effect from 4.1.1990; appointment letter was issued by the Joint Director (CSE 1st), Town Hall, Delhi. (ii) Plaintiff was the only candidate sponsored by the employment exchange; other candidates were departmental appointees. The appointments were temporary but the appointment of the plaintiff was ag...
Delhi Development Authority Vs. Shri Sat Bhushan
Court: Delhi
Decided on: Dec-15-2010
1. This second appeal has impugned the judgment and decree dated 25.7.2008 which had endorsed the finding of the trial judge dated 30.4.2007 whereby the suit of the plaintiff Sat Bhushan had been decreed in the sum of Rs.1,50,000/- along with interest @ 6% per annum.2. The trial judge whose findings were endorsed by the Appellate Court had examined the oral and documentary evidence including the agreement entered into between the parties which was the foundation of the claim of the plaintiff which is Ex.PW-1/1. The court had framed six issues. On the basis of the oral and documentary evidence led before it, the court held that the plaintiff is entitled to the recovery of the aforestted amount. The agreement Ex. PW-1/1 and its detailed clauses had been gone into.3. Counsel for the appellant has urged that the impugned judgment has erred in granting the amount of Rs.50,000/- as loss of profit when admittedly the plaintiff had not led any evidence on this score. The trial judge whose find...
Diwan Singh Vs. Govt. of Nct of Delhi and ors.
Court: Delhi
Decided on: Dec-14-2010
1. The petitioner has approached this Court aggrieved by the non-payment of compensation for his land acquired in Village Nangal Dewat, Delhi on which compensation has been assessed by the Land Acquisition Collector(LAC) vide an award.2. A large tract of land was sought to be acquired in Village Nangal Dewat for purposes of expansion of the Airport consisting of 287 bighas and 9 biswas of land where abadi was located. It may be mentioned that there were certain other agricultural areas also acquired for which compensation has been paid and which does not form subject matter of the dispute. Some of the owners of the structures in land in the abadi areas challenged the acquisition proceedings. The Airport Authority of India (AAI in short) in its wisdom decided to settle the matter with the persons in the abadi area by making a special scheme for them of allotment of developed land in Rangpuri. This is stated by the counsel for the LAC to be a total area of 302 bighas. This settlement is ...
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