Delhi Court July 2013 Judgments
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State Vs. Madan Bishwas and ors.
Court: Delhi
Decided on: Jul-24-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. h July, 2013 + CRL.L.P. 148/2012 STATE Through: ..... Petitioner Ms. Richa Kapoor APP for the State. versus MADAN BISHWAS & ORS. ..... Respondents Through: Mr. Raman Duggal, Adv. with Respondents in person. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT G. P. MITTAL J.(ORAL) CRL.M.A. 3432/2012 & CRL.M.A. 3434/2012.1. Crl.M.A.3432/2012 has been filed by the State seeking condonation of 70 days delay in filing the present leave to appeal petition and Crl.M.A.3434/2012 has been filed by the petitioner seeking condonation of 10 days delay in re-filing the leave to appeal petition.2. Learned counsel for the respondents submits that he has no objection if the present applications are allowed and delay is condoned.3. Heard. For the reasons stated in the applications and in view of the stand taken by counsel for the respondents, present applications are allowed. Delay in filing and re-filing the lea...
Malhotra Book Depot and ors Vs. Mbd Electronics Pvt Ltd
Court: Delhi
Decided on: Jul-24-2013
10# $ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1268/2011 Decided on:24. h July, 2013 MALHOTRA BOOK DEPOT & ORS ..... Plaintiffs Through: Mr. Sidhant Goel and Ms. Shweta Duggal, Advocates. versus MBD ELECTRONICS PVT LTD ..... Defendant Through: Mr. Sarad Singhania, Advocate. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J (ORAL) I.A. No. 8430/2011 ( by Plaintiffs u/ Order XXXIX Rule 1 and 2 r/w Section 151 CPC) 1. By this application the Plaintiffs seek injunction against the Defendant and its assignees, franchisees, licensees etc. restraining them from selling, offering for sale, advertising, directly or indirectly dealing in identical or similar goods and services under the infringing mark/trading name containing the mark MBD or any other trademark identical or deceptively similar as the same amounts to infringement of the trademark registered in the name of the Plaintiffs.2. Learned counsel for the Plaintiffs contends that MBD is a housemark of the Plaintiffs which ...
Schaefco International and Others Vs. Hdfc Bank and Others
Court: Delhi
Decided on: Jul-24-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:24. h July, 2013 + W.P.(C) 4621/2013 SCHAEFCO INTERNATIONAL AND OTHERS ..... Petitioners Through : Mr. Hashmat Nabi, Adv. versus HDFC BANK AND OTHERS ..... Respondents Through : Mr. Kunal Tandon and Ms.Nidhi Jain, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) Cav. Nos. 627/2013, 628/2013 & 629/2013 Since there is representation on behalf of the respondents, the caveats stand discharged. CM 10595/2013(exemption) Allowed, subject to all just exceptions. The application stands disposed off. W.P.(C) 4621/2013 & CM 10594/2013(stay) 1. The petitioner is aggrieved by an order dated 31st May, 2013 passed by the Debt Recovery Appellate Tribunal (DRAT). The DRAT upheld the appeal by which the Debt Recovery Tribunal (DRT) WPC4621.13 Page 1 refused to receive the petitioners counter-claim.2. The respondent Bank had initiated the proceedings before the DRT for recove...
Malvinder Kaur Vs. School Management of Ghps Hemkunt Colony and ors.
Court: Delhi
Decided on: Jul-24-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 1632/2012 & CM No. 3575/2012 (Stay) 24th July, 2013 % MALVINDER KAUR Through: ......Petitioner Mr. Raj Kumar Sherawat, Adv. VERSUS SCHOOL MANAGEMENT OF GHPS HEMKUNT COLONY & ORS. ...... Respondents Through: Ms. Manpreet Kaur and Mr. Mansimran Singh, Adv. for R-1 and R-2. Mr. Rajeev Sharma, Adv. for R-3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. Petitioner of this writ petition was employed as a teacher in the Guru Harkrishan Public School, and which school is represented by respondent nos. 1 and 2. Petitioner seeks two reliefs. First relief is for quashing of the charge sheet dated 4.1.2012 and second relief is for quashing of the suspension order dated 12.10.2011.2. Let me take the issue of the challenge to the suspension order first. Suspension order is challenged on three grounds before me. First is that the suspension order records a finding of guilt against t...
Kulbhushan Dania Vs. Ashok Kumar Dania and anr
Court: Delhi
Decided on: Jul-24-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 80/2013 KULBHUSHAN DANIA Through: ..... Appellant Mr. H.S. Sharma, Advocate. versus ASHOK KUMAR DANIA & ANR Through: ..... Respondents None. CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE PRATIBHA RANI ORDER (ORAL) : REVA KHETRAPAL, J.1. This appeal is directed against the judgment and decree dated 16th April, 2013 passed by a learned Single Judge of this Court dismissing the suit of the appellant for partition, rendition of accounts, possession by way of separate share and permanent injunction against the Respondent No.1 and his late father Shri Shyam Sunder Dania, who was alive at the time of the filing of the suit in the year 2008.2. The aforesaid suit was filed in respect of the property bearing Khasra No.445, House No.7, Dayanand Block, Shakarpur Extension, Delhi-110092 and in respect of tenanted business premises bearing Shop not R-16, Main Market Shakarpur Extension, Delhi-110092, running under the name and style...
Padam Singh Vs. State
Court: Delhi
Decided on: Jul-24-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 834/2012 Judgment Pronounced on :24. h July, 2013 ..... Appellant % PADAM SINGH Through: Mr.Braham Singh, Mr.N.S.Vidhudi and Ms.Manju Advocates versus STATE Through: ..... Respondent Ms.Rajdipa Behura, APP for the State along with Inspector Madhukar Rakesh, SHO P.S. Kashmere Gate and ASI Charan Das, P.S. Mandir Marg. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P. MITTAL G.S.SISTANI, J.1. The trial court has convicted the appellant by a judgment dated 30.5.2012 and passed an order on sentence on 6.6.2012 by which appellant has been sentenced to RI for life and a fine of Rs.10,000/-, and in default thereof simple imprisonment for four months under Section 302 IPC. The judgment and order on sentence are subject matter of challenge in the present appeal.2. Appellant was charge-sheeted by the prosecution under Section 302 IPC for having committed murder of one Gambhir Singh. As per the prosecution, on 9.11.2010 at about ...
Kamlesh Sharma @ Kamlesh Kumari and anr. Vs. Satya Devi and ors.
Court: Delhi
Decided on: Jul-23-2013
IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) No. 2014 of 2011 Reserved on: July 5, 2013 Decision on: July 23, 2013 KAMLESH SHARMA @ KAMLESH KUMARI & ANR ..... Plaintiffs Through: Mr. Sanjeev Bahl with Mr. Rajat Bhardwaj and Mr. Eklavya Bahl, Advocates. versus SATYA DEVI & ORS ..... Defendants Through: Mr. Sanjiv Sindhwani, Senior Advocate with Mr. J.K. Chawla, Advocates for Proposed Defendant No.5. Mr. L.M. Asthana with Mr. Siddhant Asthana and Mr. P.R. Singh, Advocates for D-1, 3 & 4. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 23 07.2013 IA Nos. 3497 of 2013 (filed by Plaintiffs under Order 1 Rule 10 CPC), 3498 of 2013 (filed by Plaintiffs under Order XXXIX Rules 1 & 2 CPC), 3499 of 2013 (filed by the Plaintiffs under Order XXXIX Rule 2A CPC) 1. The background to these applications is that Smt. Kamlesh Sharma @ Kamlesh Kumari, Plaintiff No. 1 and Smt. Renu Rai @ Renu Kumari, Plaintiff No. 2, who are sisters and daughters of late Mr. Suraj Prakash Sharma, filed the aforementioned suit [C...
Indian Institute for Aeronautical Engineering and Vs. the Indira Gandh ...
Court: Delhi
Decided on: Jul-23-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on Judgment pronounced on :10. 07.2013 :23. 07.2013 W.P.(C) 5789/2012 & CM Nos. 11883/12, 19116/12, 19217/12 HINDUSTAN AVIATION ACADEMY Through ..... Petitioner/ Mr. Roopansh Purohit, Adv. Versus THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY .... Respondent + Through Mr. Aly Mirza, Adv. W.P.(C) 6016/2012 & CM Nos.12378/2012, 19118 and 19218/12 INDIAN INSTITUTE FOR AERONAUTICAL ENGINEERING AND INFORMATION TECHNOLOGY AND ORS..... Petitioners Through Mr. Roopansh Purohit, Adv. Versus THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY .... Respondent Through + Mr. Aly Mirza, Adv. W.P.(C) 6021/2012 & CM Nos.12388/12 & 19117-19/12 DEHRADUN INSTITUTE FOR AEROSPACE ENGINEERING. .... Petitioners Through Mr. Roopansh Purohit, Adv. Versus THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY .... Respondent Through W.P(C) No. 5789/2012 & Others + W.P.(C) 6399/2012 & CM Nos.17043/2012 & 19224/2012 AGRAGMI VSM INSTITUTE OF AEROSPACE ENGINEERING TECHNOLOGY ....
M/S.Devinder Hosiery and ors. Vs. Surender Kumar JaIn (Deceased)
Court: Delhi
Decided on: Jul-23-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. d July, 2013 + RFA 642/2003 M/S.DEVINDER HOSIERY & ORS. ..... Appellants Through: Ms. Anusuya Salwan, Ms. Renuka Arora and Mr. Vikas Sood, Advocates. Versus SURENDER KUMAR JAIN (DECEASED) THROUGH LRS. ..... Respondents Through: Mr. K.P. Gupta, Adv. for R-1(f) with R-1(f). Mr. Anuj Jain, Adv. for R-1(g). CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.CM No.16416/2012 (of R-1(g) for directions) 1. The appeal in which this application has been filed was preferred against a judgment and decree for ejectment of the appellants from the premises earlier in the tenancy of the appellants (and after the determination of the said tenancy) and for mesne profits.2. During the pendency of the appeal before this Court, the respondent/plaintiff/landlord died and his legal heirs were substituted as respondents No.1(a) to 1(g).3. Arguments in the appeal were heard on 11th April, 2012, when besides the counsel for the app...
Om Prakash Poddar Vs. Rina Kumari
Court: Delhi
Decided on: Jul-23-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.7/2012 OM PRAKASH PODDAR Through : ..... Appellant Appellant in person versus RINA KUMARI ..... Respondent Through : % None. Judgment Reserved on: July 17, 2013 Judgment Pronounced on: July 23, 2013 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J 1.The Appellant is aggrieved by the decision of the Family Court, Dwarka, whereby his prayer seeking dissolution of marriage and divorce under Section 13(1)(i-a) of Hindu Marriage Act was declined. However, the learned Judge, Family Court was of the view that a ground of desertion has been made out by the Appellant but in view of the peculiar facts and circumstances of the matter, instead of granting divorce, passed a decree of judicial separation under Section 10 of Hindu Marriage Act.2. The Appellant filed a petition under Section 13(1)(i-a) of Hindu Marriage Act seeking dissolution of marriage by a decree of divorce pleading therein that the App...
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