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Delhi Court November 2014 Judgments

Nov 10 2014

Super Cassettes Industries Pvt. Ltd. Vs. Union of India and ors.

Court: Delhi

Decided on: Nov-10-2014

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7186/2014 SUPER CASSETTES INDUSTRIES PVT. LTD. Through: ..... Petitioner Mr. Sunil Gupta, Sr. Adv. with Mr. Neel Mason and Mr. Ankit Relan, Advs. Versus UNION OF INDIA & ORS. Through: ..... Respondents Mr. Sanjeev Narula, Adv. for R-1. Mr. Sanjay Jain, ASG along with Mr. Tushar Gupta and Mr. Vidur Mohan, Mr. Abhimanyu Chopra and Ms. Noor Anand, Advs. for R-2. Mr. Rajshekhar Rao, Ms. Jasleen Oberoi and Ms. Surbhi Mehta, Advs. for R-3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER % 10.11.2014 CM No.18102/2014 (of the petitioner for stay).1. The writ petition impugns various provisions of the Competition Act, 2002 as well as certain regulations of the Competition Commission of India (General) Regulations, 2009 as unconstitutional being in violation of Article 14 of the Constitution of India. In addition, the petition also impugns the Final Order dated 1st October, 2014 of the Competition Commission o...

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Nov 10 2014

Ahmed Zia Khan and ors Vs. State (Govt of Nct Delhi) and anr

Court: Delhi

Decided on: Nov-10-2014

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5017/2014 AHMED ZIA KHAN & ORS ..... Petitioners Through: Mr. Alamgir and Mr. Naushad Ali, Advocates along with petitioners in person. versus STATE (GOVT OF NCT DELHI) & ANR ..... Respondents Through: Mr. P.K. Mishra, APP for the State with SI Umesh Yadav PS Jamia Nagar. Complainant in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.143/2014 registered under Sections 498A/406/34 IPC at Police Station Jamia Nagar on 25th February, 2014 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Mr. P.K. Mishra, Additional Public Prosecutor enters appearance and accepts notice on behalf of the State/respondent No.1.3. Petitioners as well as complainant/respondent No.2-Fareha Khan are present in person and are identified by the Investigating Officer/SI Umesh Yadav, Police S...

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Nov 10 2014

Rspl Health Private Limited Vs. M/S. Deep Industry

Court: Delhi

Decided on: Nov-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:10. h November, 2014 % + I.A. 10669/2014 and I.A. No 12699/2014 in CS (OS) No.1660/2014 RSPL HEALTH PRIVATE LIMITED Plaintiff Through Mr.S.K.Bansal, Adv. with Mr.Ajay Amitabh Suman, Mr. Santosh Kumar & Mr. Amit Chanchal Jha Adv. versus M/S. DEEP INDUSTRY Through Defendant Mr. Abdhesh Chaudhary, Adv. with Mr.Nilendu Vatsyayan, Adv. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present suit for permanent injunction restraining infringement of copyright, passing off, rendition of accounts, delivery up etc. has been filed by the plaintiff against the defendant. Alongwith the suit, plaintiff also filed an application under Order 39 Rule 1 and 2 read with Section 151 CPC being I.A. 10669/2014.2. Summons were issued in the suit and notice in the application to the defendant on 29th May, 2014. After hearing, detailed exparte order was passed against the defendants restraining them from manufacturing, marketing, su...

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Nov 10 2014

Capt. Dinesh Singh Dhillion Vs. Pawan Hans Helicopters Ltd.

Court: Delhi

Decided on: Nov-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % CM(M) No.993/2014 10th November , 2014 CAPT. DINESH SINGH DHILLION ......Petitioner Through: Mr. Pratap Singh Parmar, Adv. VERSUS PAWAN HANS HELICOPTERS LTD. Through: ...... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.18245/2014 (delay in refiling) For the reasons stated in the application delay in refiling is condoned. CM stands disposed of. CM(M) No.993/2014 & CM No.18244/2014 (stay) 1. By this petition under Article 227 of the Constitution of India defendant no.1/petitioner impugns the order of the trial court dated 19.l5.2014 which has refused to recall the earlier orders by which petitioner/defendant no.1 was proceeded exparte on 1.9.2010 and his defence was struck off on 17.1.2012.2. I find that in this petition petitioner/defendant no.1 has deliberately not filed the pleadings in the suit, and which is a suit for recovery of monies of Rs.15,25,000/- whic...

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Nov 10 2014

Union of India Vs. Ram Saroop and ors.

Court: Delhi

Decided on: Nov-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:10. h November, 2014 + LA.APP. 172/2013 UNION OF INDIA Through: ..... Appellant Mr. Siddharth Panda & Mr. Priyabrat Sahu, Advocates versus RAM SAROOP & ORS. Through: ..... Respondents Nemo. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (Oral) C.M. No.14008/2013 (u/O XXXXI Rule 3A r/w Sec. 151 CPC & Sec. 5 of the Limitation Act) The stand taken in paragraph No.3 of the instant application discloses bureaucratic lethargy, which has caused delay of 247 days in filing the accompanying appeal. Applying the parameters governing condonation of delay, as reiterated by the Apex Court in Esha Bhattacharjee Vs. Raghunathpur Nafar Academy (2013) 12 SCC649to the instant case, I find that delay occasioned has not been satisfactorily explained. Hence, this application is dismissed. LA.APP. 172/2013 & C.M.No.14007/2013 (for stay) Impugned judgment grants compensation for A category of land LA.APP.No.172/2013 Page 1 @ `19,43,500/- per acre wit...

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Nov 10 2014

Vikas Saini and anr Vs. Directorate of Health Services and ors

Court: Delhi

Decided on: Nov-10-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h November, 2014 % + W.P.(C) No.6436/2012 VIKAS SAINI AND ANR Through: ..... Petitioners Mr. Rajiv Garg, Mr. K.K. Aggarwal and Ms. Gayatri Aggarwal, Advs. Versus DIRECTORATE OF HEALTH SERVICES AND ORS ..... Respondents Through: Ms. Ferida Satarawala, Adv. for GNCTD. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation, flags the issue of lack of essential emergency facilities in Cardio Vascular Department in Satyawadi Raja Harish Chander Government Hospital and Maharishi Valmiki Hospital being the only Government hospitals in the locality of Narela stated to be having a population of over 10 lakhs, compelling the residents of the said locality even in an emergency to travel long distances in peak traffic and which often proves fatal The petition seeks a direction to the respondent Dire...

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Nov 10 2014

Jagdish Kumar Vs. Tribal Cooperative Marketing Development Federatio

Court: Delhi

Decided on: Nov-10-2014

7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1647/2014 Date of decision:10. 11.2014 IN THE MATTER OF: JAGDISH KUMAR ..... Petitioner Through : Mr. Sarfaraz Khan, Advocate with petitioner in person. versus TRIBAL COOPERATIVE MARKETING DEVELOPMENT FEDERATION OF INDIA LTD. ..... Respondent Through : Mr. B.P. Aggarwal with Ms. Shalini Aggarwal, Advocates CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The present petition has been filed by the petitioner praying inter alia for setting aside/quashing the orders dated 25.5.2012 and 8.11.2013 passed by the respondent/TRIFED. Further, the petitioner seeks a declaration to the effect that clauses 4 & 9 of his appointment letter dated 26.11.2010, be declared as unconstitutional and he be reinstated in service.2. The brief relevant facts of the case are that in April, 2000, the petitioner was appointed by the respondent/TRIFED as a Computer Operator on a daily-wage basis and he continued working on the said post till the year...

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Nov 10 2014

Sukhinder Kaur and anr Vs. Vaneet Kaur

Court: Delhi

Decided on: Nov-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. 05.2014 Date of Decision:10. 11.2014 + CM(M) 1258/2012, CM APPL. 19471/2012 SUKHINDER KAUR & ANR ..... Petitioner Through: Mr. Rakesh Taneja, Adv. versus VANEET KAUR Through: ..... Respondent Mr. A.S.Dateer, Adv. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.1. This petition impugns the order dated 25.10.2012 by which petitioner No.1 was impleaded as defendant No.2 in a suit for permanent injunction filed by the respondent (plaintiff) seeking restrainment of the defendant from selling or parting with possession or handing-over of flat No.J-59, B.K. Butta Colony, J-Block, Karbala, New Delhi 110 003 and for further restrainment of taking any amount from the Saving Account, Current Accounts or Fixed Deposits lying with the Centurion Bank of Punjab Ltd. and other banks, and from selling the vehicles which were in the name of the plaintiffs late husband, namely Shri S. Parminder Singh.2. The plaintiffs case was that her hu...

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Nov 10 2014

Amit Vs. State Nct of Delhi

Court: Delhi

Decided on: Nov-10-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:10. h November, 2014 + CRL.A. 242/2013 AMIT Through: ..... Appellant Mr. Nikhil A. Borwankar, Advocate Versus STATE NCT OF DELHI Through: + CRL.A. 244/2013 DINESH @ DEENU & ANR. Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor along with ASI Ved Prakash, Police Station Malviya Nagar ..... Appellant Mr. Nagendra Rai, Senior Advocate with Mr. D.K. Devesh and Ms. Nutan Kumari, Advocates Versus STATE OF NCT OF DELHI Through: + CRL.A. 292/2013 CHAND KIRAN Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor along with ASI Ved Prakash, Police Station Malviya Nagar ..... Appellant Mr. Nagendra Rai, Senior Advocate with Mr. D.K. Devesh and Ms. Nutan Kumari, Advocates. Versus STATE OF NCT OF DELHI Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor along with ASI Ved Prakash. Police Station Malviya Nagar CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J...

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Nov 10 2014

Sh. Malkhan Singh Vs. Sh. Munazar Ali and anr.

Court: Delhi

Decided on: Nov-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P.No.158/2014 & CM No.18251/2014 10th November, 2014 % SH. MALKHAN SINGH ......Revisionist/Petitioner Through: None. VERSUS SH. MUNAZAR ALI & ANR. Through: ...... Respondents None. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. The challenge by means of this petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) is to the impugned order of the trial court dated 22.9.2014 by which an application filed by the petitioner/plaintiff under Order XII Rule 6 CPC was dismissed. The subject suit is a suit for possession filed by the petitioner/plaintiff claiming that he is the owner of the suit property bearing Municipal No.241, Block D-5, Sultanpuri, Delhi-110086. Respondent no.1/defendant no.1 is pleaded to be a tenant in the suit property.2. In Delhi civil courts have jurisdiction to try the suit for possession with respect to the relationship of landlord and tenant e...

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