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Delhi Court October 2013 Judgments

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Oct 24 2013

M/S Gold Developers Private Ltd. Vs. K. N. Shukla and ors.

Court: Delhi

Decided on: Oct-24-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. 08.2013 Pronounced on:24. 10.2013 CS (OS) No.2500 of 2010 M/s GOLD DEVELOPERS PRIVATE LTD. ... Plaintiff Through Mr. Taru dua, Ms. Deeksha Khurana & Mr. Anant Garg, Advocates. Versus K. N. SHUKLA & ORS. ... Defendants Through Mr. Raman Kumar, Advocate for D3-D5. CORAM: HONBLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. Arguments have been heard in the suit. . The defendants No.1 and 2 entered appearance but did not file their reply in spite of opportunity and have not appeared thereafter, they were proceeded ex parte by order dated 26.02.2013. Defendant No.3 to 5 are supporting the plaintiff, thus were directed to not file a written statement by the abovementioned Order. The present suit has been filed by the plaintiff seeking the relief of Declaration and permanent injunction against the Defendant No.1 and 2.2. The plaintiff contends that, it is a company incorporated under the provisions of Companies Act, 1956 and is engaged in ...


Oct 24 2013

Somendra Nath Deka Vs. the Chairman-cum-managing Director Nbcc and anr

Court: Delhi

Decided on: Oct-24-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on Pronounced on + :19. 08.2013 :24. 10.2013 I.A. No.4583/2013(u/O39R1& 2 CPC) in CS(OS) 524/2013 SOMENDRA NATH DEKA Through ..... Plaintiff Mr. Rana Ranjit Singh, Advocate versus THE CHAIRMAN-CUM-MANAGING DIRECTOR NBCC & ANR ..... Defendants Through Mr. Abir Phukan and Ms. Iram Hassan, Advocates for D1 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.I.A. No.4583/2013 1. This is an application under Order 39 Rule 1 and 2 seeking injunction against encashment of performance bank guarantee for Rs. 49,27,896/issued by defendant No.2 at the behest of the plaintiff in favour of defendant No.1.This application came up for hearing before the Court on 18.3.2013 when an ex parte order was passed restraining defendant No.1 from invoking the Bank Guarantee in question.2. It is contended by the plaintiff in the plaint that the plaintiff is a class- I (A) Contractor of PWD roads and buildings of the State Government. An advertisement was stat...


Oct 24 2013

State of Nct of Delhi Vs. Surinder Singh

Court: Delhi

Decided on: Oct-24-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 235/2012 STATE OF NCT OF DELHI ..... Petitioner Through: Mr.Rajesh Mahajan, Addl. Standing Counsel with SI Somvir Singh, P.S. Malviya Nagar in person. versus SURINDER SINGH ..... Respondent Through: Mr.Vikas Kumar, Advocate. Date of Decision :24. h October, 2013 % CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.(ORAL) 1. By this petition filed under Section 374(4) Cr.P.C., the State seeks leave to appeal against the judgment and order dated 03.10.2011 passed by the learned Addl. Sessions Judge-02 (SE), Saket Courts, New Delhi whereby the respondent/accused was acquitted of the offence punishable under Section 307 IPC and Section 27 of the Arms Act.2. Notice of the leave petition was issued to the respondent, who has entered appearance through his counsel.3. Mr.Rajesh Mahajan, learned Addl. Standing Counsel for the State, while praying for leave to appeal against the acquittal of the res...


Oct 24 2013

Vishwa Bharti Public School and ors Vs. I Nder Jeet Singh and anr

Court: Delhi

Decided on: Oct-24-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.7168/2012 & conn. % + 24th October, 2013 W.P.(C) 7168/2012 VISHWA BHARTI PUBLIC SCHOOL AND ORS Through: ..... Petitioners Mr. Rahul Gupta, Mr. Shekhar Dasi and Mr. Shekhar Gupta, Advocates. versus I NDER JEET SINGH AND ANR Through: ..... Respondents Mr. Pankaj Kr. Sinha, Mr. Ranjan Kumar, Mr. Ratan Shukla, Mr. Ashutesh Kr. Mishra and Mr. Pankaj Tiwari, Advocates for R-1. Mr. Kushal Yadav, Adv. for Ms. Sonia Arora, Adv. for R-2/DOE. + W.P.(C) 7170/2012 VISHWA BHARTI PUBLIC SCHOOL AND ORS Through: ..... Petitioners Mr. Rahul Gupta, Mr. Shekhar Dasi and Mr. Shekhar Gupta, Advocates versus INDU NEGI AND ANR ..... Respondents Through: WPC71682012 & conn. Mr. Pankaj Kr. Sinha, Mr. Ranjan Kumar, Mr. Ratan Shukla, Mr. Ashutesh Kr. Mishra and Mr. Pankaj Tiwari, Advocates for R-1. Page 1 of 23 Mr. Kushal Yadav, Adv. for Ms. Sonia Arora, Adv. for R-2/DOE. + W.P.(C) 7171/2012 VISHWA BHARTI PUBLIC SCHOOL AND ORS Through: ..... Petitioners Mr. R...


Oct 24 2013

Nand Kishore Vs. Shree Sanatan Dharam Sabha Laxmi Narayan Temple Tr

Court: Delhi

Decided on: Oct-24-2013

* HIGH COURT OF DELHI AT NEW DELHI + RSA592013 & CM No.4786/2013 (Stay) Decided on :24. h October, 2013 NAND KISHORE ..... Appellant Through Mr.R.D.Sharma, Mr.Rajat Sharma, Mr.Chetan Sharma and Mr.Manish, Advocates. versus SHREE SANATAN DHARAM SABHA LAXMI NARAYAN TEMPLE TRUST ..... Respondent Through Mr.Sanjay Aggarwal, Advocate. Mr.V.K.Mishra, AR of the Respondent. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. I have heard the learned counsel for the appellant as well as the learned counsel for the respondent.2. Vide order dated 20.03.2013, the following question was framed:Whether the concurrent finding of fact arrived at by the two courts below with regard to the appellant being a licensee in the premises in question is substantiated by any evidence on record or not?. RSA592013 Page 1 3. Before dealing with the aforesaid question, it may be pertinent to give the brief background of the case.4. The respondent herein is a registered society under the Societies Registrat...


Oct 23 2013

Hindustan Paper Corporation Vs. Kanta Manocha

Court: Delhi

Decided on: Oct-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d October, 2013 + RFA No.842/2003 HINDUSTAN PAPER CORPORATION ..... Appellant Through: Mr. Ratan Kumar Singh, Mr. Nikhilesh Krishnan, Ms. Sonakshi Banga and Ms. Shashi, Advocates. Versus KANTA MANOCHA Through: ..... Respondent Mr. Pravin K. Jain, Advocate. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree (dated 20th September, 2003 of the Court of the Additional District Judge, Delhi in Suit No.179/2001 filed by the respondent) of recovery of mesne profits/damages for use and occupation against the appellant.2. Notice of the appeal was issued and the trial court record requisitioned. Vide ex parte ad interim order dated 12th November, 2003, subject to the appellant depositing the entire decretal amount with interest in this Court, the attachment order in execution issued by the Trial Court was stayed. The appeal was on 9 th December, 2003 admitted for hearing....


Oct 23 2013

Uco Bank Vs. Ram Sarup Kapur and ors.

Court: Delhi

Decided on: Oct-23-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d October, 2013 % + RFA3062012 UCO BANK Through: ..... Appellant Mr. Rajesh Rattan, Adv. Versus RAM SARUP KAPUR AND ORS. ...Respondents Through: Mr. Anil K. Kher, Sr. Adv. with Mr. Rishi Manchanda, Adv. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 The appeal impugns the judgment and decree, dated 02.04.2012 in CS No.102/2010 (Unique Case ID No.02401C0321682007) of the Court of Additional District Judge (3), North, Tis Hazari Courts, Delhi, of recovery of mesne profits / damages for use and occupation against the appellant bank.2. Notice of the appeal was issued and vide ex parte ad-interim order dated 25.07.2012, subject to the appellant bank depositing the entire decretal amount along with interest and costs in this Court within two weeks, the execution of the impugned judgment and decree was stayed. Vide subsequent order dated 30.10.2012, the appeal was admitted for hearing and the earlier ex parte a...


Oct 23 2013

King Point Enterprises Co Ltd Vs. Ali Asgar and ors

Court: Delhi

Decided on: Oct-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + I.A Nos. 9341/2011 (O.39 R.1 & 2 CPC) & 10119/2012( O.39 R.4 CPC) IN CS(OS) 1409/2011 Reserved on:12. h September, 2013 Decided on:23. d October, 2013 % KING POINT ENTERPRISES CO LTD ..... Plaintiff Through: Mr. Surinder Singh, Advocate. versus ALI ASGAR & ORS Through: ..... Defendants Mr. Hrishikesh Baruah, Advocate for Defendant No.1. Mr. Surjit Singh Malhotra, Adv. for Mr. Rajat Joseph, Adv. for D-2. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA I.A No.9431/2011 (u/O XXXIX R12 CPC) I.A No.10119/2012 (by D-1 u/O XXXIX R4CPC) 1. As per the plaint the plaintiff is a company existing under the laws of Tiawan and claims to be a leading manufacturer of hardware products including rivets, self-drilling screws, fasteners and many other items of building hardware with over two decades of manufacturing experience. The plaintiff claims to be the owner of trademarks PTA and PATTA and its logos/ devices. The trademark PATTA was adopted in the year 1987 by the...


Oct 23 2013

Rahul Shrivastava and anr. Vs. University Grant Commission

Court: Delhi

Decided on: Oct-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:23. 10.2013 W.P.(C) No.3182/2013 RAHUL SHRIVASTAVA & ANR. ..... Petitioners Through:Mr.M.R.Shamshad with Mr.Shashank Singh and Mr.Mohd.Abdullah Umar, Advocates versus UNIVERSITY GRANT COMMISSION ..... Respondent Through:Mr.Amitesh Kumar, Advocate CORAM: HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.(ORAL) The petitioners before this Court appeared in National Eligibility Test (NET), conducted by the respondent University Grants Commission (UGC) in December, 2012. The results for the aforesaid test were declared in March, 2013 and petitioners could not qualify the said test. The grievance of the petitioner is that the answers contained in the Answer Key in respect of as many as 7 questions were wrong as a result of which they were not awarded the marks which ought to have been awarded to them and that resulted in their not being able to qualify the said test. However, during the course of hearing, the learned counsel for the pe...


Oct 23 2013

Sumitra Devi Vs. Union of India and anr.

Court: Delhi

Decided on: Oct-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:23. 10.2013 + WP(C) No.4196 of 2011 SUMITRA DEVI Through: ....Petitioner Mr. A.A. Aron, Adv. Versus UNION OF INDIA & ANR. ....Respondents Through: Mr. Kumar Rajesh Singh, Adv. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(Oral) Late Shri Prem Prasad, husband of the petitioner, was employed with Northern Railways, Bikaner Division as a class IV employee. He was removed from service on 03.04.1989 and he passed away on 09.09.2008. After his death, PF amount of Rs 3421/- and CGIS amount of Rs 458/- was paid to his wife (petitioner herein). Rest of the retiral dues of late Shri Prem Prasad have not been paid so far. Being aggrieved for non-payment of such dues, the petitioner is before this Court seeking the balance amount of gratuity, provident fund and other amounts pertaining to Late Shri Prem Prasad. She is also seeking a direction for payment of pension to her.2. In their counter-affidavit, the respondents have st...


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