Delhi Court December 2012 Judgments
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Star India Private Limite Vs. Piyush Agarwal and ors.
Court: Delhi
Decided on: Dec-03-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on: November 30, 2012 Judgment Pronounced on: December 03, 2012 RFA(OS) 114/2012, C.M.No.19590/2012 & C.M.No.19768/2012 (Cross-objections) STAR INDIA PRIVATE LIMITED ..... Appellant Represented by: Mr.Parag Tripathi, Sr.Advocate and Mr.Maninder Singh, Sr.Advocate instructed by Mr.Saikrishna Rajagopal, Mr.Gopal Jain, Mr.Sidharth Chopra, Ms.Sneha Jain, Mr.Shadan Farasat and Mr.Krishan Mohan, Advocates. versus PIYUSH AGARWAL & ORS. ..... Respondents Represented by: Mr.Sudhir Chandra, Sr.Advocate instructed by Ms.Gayatri Roy, Mr.Hihanshu Bagai, Mr.Thomas George and Mr.Udit Sood, Advocates for R-1 & R-2. Mr.C.A.Sundaram, Sr.Advocate instructed by Mr.Amit Sibal, Ms.Radha Rangaswamy, Ms.Rohini Musa, Ms.Akhila Kaushik and Mr.Raman Kumar, Advocates for R-3(BCCI) AND RFA(OS) 115/2012 STAR INDIA PRIVATE LIMITED ..... Appellant Represented by: Mr.Parag Tripathi, Sr.Advocate and Mr.Maninder Singh, Sr.Advocate instructed by Mr.Saikrishn...
Board of Control for Cricket in India (Bcci) Vs. Onmobile Global Ltd a ...
Court: Delhi
Decided on: Dec-03-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on: November 30, 2012 Judgment Pronounced on: December 03, 2012 RFA(OS) 114/2012, C.M.No.19590/2012 & C.M.No.19768/2012 (Cross-objections) STAR INDIA PRIVATE LIMITED ..... Appellant Represented by: Mr.Parag Tripathi, Sr.Advocate and Mr.Maninder Singh, Sr.Advocate instructed by Mr.Saikrishna Rajagopal, Mr.Gopal Jain, Mr.Sidharth Chopra, Ms.Sneha Jain, Mr.Shadan Farasat and Mr.Krishan Mohan, Advocates. versus PIYUSH AGARWAL & ORS. ..... Respondents Represented by: Mr.Sudhir Chandra, Sr.Advocate instructed by Ms.Gayatri Roy, Mr.Hihanshu Bagai, Mr.Thomas George and Mr.Udit Sood, Advocates for R-1 & R-2. Mr.C.A.Sundaram, Sr.Advocate instructed by Mr.Amit Sibal, Ms.Radha Rangaswamy, Ms.Rohini Musa, Ms.Akhila Kaushik and Mr.Raman Kumar, Advocates for R-3(BCCI) AND RFA(OS) 115/2012 STAR INDIA PRIVATE LIMITED ..... Appellant Represented by: Mr.Parag Tripathi, Sr.Advocate and Mr.Maninder Singh, Sr.Advocate instructed by Mr.Saikrishn...
Shri Sanjeev Verma Vs. Shri Umesh Gupta
Court: Delhi
Decided on: Dec-03-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS)No. 2330/2000 % December 03, 2012 SHRI SANJEEV VERMA Through: ..... Plaintiff Mr. A.P. Aggarwal, Advocate. versus SHRI UMESH GUPTA ..... Defendant Through: CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. The subject suit has been filed by the plaintiff for recovery of either Rs. 22.5 lacs with interest or in the alternative for 5 kgs of gold which was delivered to the defendant for making of jewellery for the plaintiff.2. The facts of the case are that the plaintiff on 18.9.1997 vide challan Ex.P1/numbered 399 delivered 5 kgs of gold to the defendant for making of jewellery items. The defendant was to get paid labour charges and was to return the jewellery within one month. Since the defendant failed to return the jewellery, the plaintiff served a legal notice dated 8.9.1998/Ex.P2 upon the defendant who replied to the same vide Ex.P3 dated 15.9.1998 admitting to the receipt o...
Satbir Singh Vs. State
Court: Delhi
Decided on: Dec-03-2012
* + IN THE HIGH COURT OF DELHI AT NEW DELHI Crl. Appeal No. 164/2012 Reserved on:1. t November, 2012 Date of Decision:03. d December, 2012 % SATBIR SINGH Through ....Appellant Mr. Joginder Tuli and Mr. Kuldeep Singh, Advocates. Versus Respondent STATE Through Mr. Sanjay Lao, APP. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S. P. GARG SANJIV KHANNA, J.What was presented as a simple case of robbery, where a gang attacked a couple travelling late night and murdered the wife, stands obfuscated with the prosecution allegation that it is rather a case of disgruntled husband murdering his wife and feigning his defense. The husband blames the death of his wife on three-four looters who attacked them with gandasas outside Nala road, Jharoda, Delhi. Finding these vagaries to be patently absurd, the prosecution argues that it is a case of murder by degenerated husband who now uses subterfuge to avoid incarceration. In this imbroglio we are required to determine in this case which ...
Bourjois Limited Vs. Mr. Naunihal Singh and ors.
Court: Delhi
Decided on: Dec-03-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:26. 11.2012 Judgment pronounced on:03. 12.2012 CS(OS) 258/2012 BOURJOIS LIMITED Through: ..... Plaintiff Ms. Vaishali Mittal and Ms. Abhilasha Nautiyal, Advs. versus MR. NAUNIHAL SINGH & ORS. Through: .... Defendants None CORAM: HON'BLE MR. JUSTICE V.K.JAIN V.K. JAIN, J.1. The plaintiff before this Court is a foreign company and claims to have coined and adopted the trademark BOURJOIS. The plaintiff is engaging in the business of selling cosmetic products and claims presence in over 120 countries including India. The plaintiff company had the following global turnover and advertising expenditure during the period 2004-2010: Yea2005. 2002008. 2009 2010 CS(OS)258/2012 Advertising Spend in excess of Euro million (M) 93M 76.83M 95.77M 86.85M Sales Turnover in excess of Euro million(M) 210M 215.245M 290.300M 250.The plaintiff claims the following turnover and advertising expenditure in India during the period 2004-2009. Year...
icici Lombard General Insurance Co. Ltd. Vs. Radhey Shyam and ors
Court: Delhi
Decided on: Dec-03-2012
$-23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d December, 2012 + MAC. APP. 1045/2012 ICICI LOMBARD GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr.Virender Prabhakar, Proxy Counsel for Ms. Suman Bagga, Advocate. Versus RADHEY SHYAM & ORS. Through: ..... Respondents None. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) C.M. APPL No.16444/2012 1. There is a delay of 122 days in filing the Appeal.2. For the reasons as stated in the Application, the delay in filing the Appeal is condoned.3. The Application stands disposed of. MAC. APP. 1045/2012 4. The Appeal is for reduction of a compensation of ` 4,73,500/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No.1 to 4 (Claimants) for the death of Smt. Mamta, who died in a motor vehicle accident, which occurred on 16.08.2010.5. The only ground of challenge is that in a Petition under Section 163-A of the Motor Vehicles Act no compensation could have...
Jai NaraIn Singh Vs. Inter Decker Delhi
Court: Delhi
Decided on: Dec-03-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) No. 7019 of 2009 % JAI NARAIN SINGH Through: Reserved on:31. t August, 2012 Decided on:3. d December, 2012 ..... Petitioner Mr. Sanjoy Ghose, Advocate. versus INTER DECKER DELHI ..... Respondent Through: Mr. A.K. Jain, Advocate. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioner seeks setting aside of the order dated 2nd September, 2004 passed by the Presiding Officer, Labour Court, Delhi whereby the learned court allowed the application of the Respondent under Order XIV Rule 5 read with Section 151 CPC and ordered framing of additional issues and the award dated 30th July, 2008 whereby the learned Presiding officer held that the workman Petitioner abandoned his service and thus, refused to grant him any relief.2. Learned counsel for the Petitioner contends that in the present case no intention of abandonment of service has been made out against the Petitioner. In fact, on termination of his service on 3r...
Udhal Singh Vs. State
Court: Delhi
Decided on: Dec-03-2012
* + IN THE HIGH COURT OF DELHI AT NEW DELHI Crl. Appeal No. 394/2009 Reserved on:16. h November, 2012 Date of Decision:03. d December, 2012 % UDHAL SINGH Through ....Appellant Ms. Anita Abraham, Advocate. Versus STATE Through + Respondent Mr. Sanjay Lao, APP. Crl. Appeal No. 430/2009 VINOD @ SAHIB SINGH .Appellant Through Mr. Abdul Sattar, Advocate with Ms. Saahila Lamba, Advocate. Versus STATE OF NCT OF DELHI Through .Respondent Mr. Sanjay Lao, APP. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S. P. GARG SANJIV KHANNA, J.The appellants Udhal Singh and Vinod @ Sahib Singh impugn their conviction under Section 364A read with Section 120B of the Indian Penal Code (IPC, for short) vide judgment dated 30 th January, 2009 in SC No. 58/2006, arising out of FIR No. 146/2006, P.S. Badarpur. They have also impugned the order of sentence dated 31 st January, 2009 by which they had been sentenced to imprisonment for life and fine of Rs.5,000/- each, in default of payment of fine, t...
Vidya Dhar Sharma Vs. Badri Prasad and ors
Court: Delhi
Decided on: Dec-03-2012
$ 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d December, 2012 + MAC. APP. 919/2011 VIDYA DHAR SHARMA Through: ..... Appellant Mr. S.N. Parashar, Advocate. Versus BADRI PRASAD & ORS. Through: ..... Respondents Mr.Anuj Kumar Ranjan, Advocate for the Respondent No.1 & 2. Mr. Ram Ashray with Mr. S.L. Gupta, Advocates for the Respondent No.3 Insurance Co. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for enhancement of compensation of `11,99,860/- awarded in favour of the Appellant by the Motor Accident Claims Tribunal(the Claims Tribunal) for having suffered injuries in a motor vehicle accident which occurred on 17.08.2010 resulting in the amputation of his right hand above elbow. The Appellant suffered 80% permanent disability in respect of his right upper limb as per the disability certificate Ex.PW 1/2 issued by the Medical Board of Hindu Rao Hospital.2. In the absence of any Appeal by the driver, owner or the Insurance Compa...
Housing Development Finance Corporation Ltd. Vs. Saiba Suri
Court: Delhi
Decided on: Dec-03-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision : December 3, 2012 CS(OS) 1785/2010 HOUSING DEVELOPMENT FINANCE CORPORATION LTD. Through: ..... Plaintiff Mr. Ajay Saroya, Adv. versus SAIBA SURI ..... Defendant Through: Mr. Mohit Chaudhary, Adv. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) IA 7213/2011 (O.37 R.3(5) CPC) This is a suit filed under Order 37 of the Code of Civil procedure for recovery of Rs.39,40,351/-. The case of the plaintiff is that the defendant having approached it for grant of a housing loan, it sanctioned a sum of Rs.35 lakhs as loan to the defendant for purchase of a property located at 1003, 10th floor, Building 15, Unitech Horizon, Plot No.6, Sector Alistonia, Greater Noida, under its Individual Loan Scheme. The loan was paid for 240 months with interest at variable rate of 8% per annum, which at present stands at 10.5%. The plaintiff disbursed a sum of Rs.32 lakhs to the defendant who executed a promissory note dated 21st Febru...
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