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Delhi Court November 2014 Judgments

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Nov 28 2014 (HC)

Action Committee Unaided Recognized Private School Vs. Honble Lt.Gover ...

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 202/2014 FORUM FOR PROMOTION OF QUALITY EDUCATION FOR ALL ....Petitioner Through: Mr. Sunil Gupta, Senior Advocate with Mr. Vedanta Varma,Advocate versus LT. GOVERNOR OF DELHI & ORS. ..... Respondents Through Mr. P.P. Malhotra, Senior Advocate with Mr. V.K.Tandon and Mr. Yogesh Saini, Advocates for Govt. of NCT of Delhi. Mr. Anurag Ahluwalia, CGSC with Mr. Prashant Ghai and Mr. Amrit Singh, Advocates for UOI. Mr. Ashok Agarwal with Ms. Nisha Tomar, Advocates for Social Jurist. WITH + W.P.(C) 177/2014 ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS ..... Petitioner Through Mr. Neeraj Kishan Kaul and Mr. Rakesh Khanna, Senior Advocates with Mr. Kamal Gupta, Advocate. versus HONBLE LT.GOVERNOR & ORS. ..... Respondents Through Mr. P.P. Malhotra, Senior Advocate with Mr. V.K.Tandon and Mr. Yogesh Saini, Advocates for Govt. of NCT of Delhi. Mr. Anurag Ahluwalia, CGSC with Mr. Prashant Ghai and Mr. Amrit Singh, Advocates for UOI. Mr. ...

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Nov 28 2014 (HC)

Harish Relan Vs. Kaushal Kumari Relan and Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:28. h November, 2014 % + I.A. No.8296/2014 & I.A. No.2022/2014 in CS(OS) No.724/2006 HARISH RELAN Through .....Plaintiff Mr.Sameer Nandwani, Adv. with Mr.K.L.Nandwani & Mr.Manish Kaushik, Advs. versus KAUSHAL KUMARI RELAN AND ORS. ..Defendants Through Mr.Vivek Singh, Adv. for D-1 to 4. Mr.Sunil Mittal, Adv. for D-6 & 7. Mr.Ajay Kapur, Sr.Adv. with Mr.Harshbir Singh Kohli, Mr.Dinesh Kumar & Mr.Anish Roy, Advs. for D-8. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. In The Mahabharata, Book 12: Santi Parva: Mokshadharma Parva: Section CCLXVI at p. 248, Bhishma said: "..... The mother is as the fire-stick with respect to the bodies of all men. She is the panacea for all kinds of calamities. The existence of the mother invests one with protection; the reverse deprives one of all protection....Able or disabled, lean or robust, the son is always protected by the mother....There is no shelter (protection against the s...

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Nov 28 2014 (HC)

Sh. Mukesh Kumar Vs. M/S Aggarwal Papers

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI C.M.(M) No.938/2009 and C.M.No.12662/2009 28th November, 2014 % SH. MUKESH KUMAR Through: ......Petitioner Mr.Pankaj Gupta, Advocate. VERSUS M/S AGGARWAL PAPERS Through: ...... Respondent Mr.C.S.Bhandari, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. (Yes) VALMIKI J.MEHTA, J (ORAL) 1. The limited issue in this petition, filed under Article 227 of the Constitution of India impugning the judgment of the Rent Control Tribunal dated 21.7.2009, is whether the petitioner/landlord is entitled to the benefit of the provision of Section 15(2) of the Limitation Act, 1963 (hereinafter referred to as the Limitation Act) by excluding the period spent before the slum authority in obtaining permission under Section 19 of the Slum Areas (Improvement & Clearance) Act, 1956 (hereinafter referred to the Slum Areas Act) for the purpose of filing an eviction petition under Section 14(1)(a) of the Delhi Rent Control Ac...

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Nov 28 2014 (HC)

Icici Lombard General Insurance Company Ltd. Vs. Rd Raju and Ors

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgement reserved on:17. 07.2014 Judgment pronounced on :28. 11.2014 + MAC.APP. 783/2010 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD ..... Appellant Through Ms.Suman Bagga, Advocate. versus RD RAJU & ORS Through ..... Respondents Mr.S.Devarajan, Proxy Counsel for Ms.Kavitha K.T., Advocate. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. By the present appeal the appellant Insurance Company seeks to impugn the Award dated 18.08.2010.2. The brief facts which led to filing of the claim petition under Section 166 of the Motor Vehicles Act, 1988 and the present appeal are that Smt. Shylaja on 05.07.2006 in the evening with her sister-in-law and minor son Arjun stopped near the post office of Nanakpura at the road side foot path for buying a bhutta for her son. A Honda car driven in a rash and negligent manner hit Smt. Shylaja when the driver took a sharp turn at a high speed. She sustained fatal injuries. She was declared brought dead a...

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Nov 28 2014 (HC)

Major Amardeep Singh Sandhu and Ors Vs. State and Anr

Court: Delhi

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5410/2014 MAJOR AMARDEEP SINGH SANDHU & ORS ..... Petitioners Through Mr. Jasmeet Singh, Advocate with petitioners. versus STATE & ANR Through ..... Respondents Ms.Nishi Jain, Additional Public Prosecutor. Sub Inspector Hasrat Ali, PS CAW Cell, East Delhi. Ms. Pammi Handa, Advocate with R2/complainant. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl.M.A. No.18444/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. Crl.M.C. No.5410/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.351/2012 registered under Sections 498A/406/34 IPC, on 07.12.2012 at police station Anand Vihar, on the ground that the matter has been amicably settled between the parties.2. Issue notice.3. Ms. Nishi Jain, Additional Public Prosecutor for the State, and Ms. Pammi Handa, Advocate for the second respondent / complainant, enter appearanc...

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Nov 28 2014 (HC)

Sunil Kumar Vs. Govt. of Nct of Delhi and Ors.

Court: Delhi

16&18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + % Date of Decision:28. 11.2014 W.P.(C) 8270/2014 & CM APPL. 19204-19205/2014 ASHOK KUMAR ..... Petitioner Through: Mr. Amit Kumar, Advocate versus GOVT OF NCT OF DELHI & ORS. ..... Respondent Through: Ms. Shobhana Takiar and Mr. Udayan Khandelwal, Adv for R-1 Ms. Latika Choudhary for Ms. Avnish Ahlawat, Advocate W.P.(C) 8282/2014 & CM APPL. 19228-19229/2014 SUNIL KUMAR ..... Petitioner Through: Mr. Amit Kumar, Advocate versus GOVT OF NCT OF DELHI & ORS. Through: ..... Respondent Ms. Purnima Maheshwari, Adv. for R-1 Ms. Latika Choudhary for Ms. Avnish Ahlawat, Advocate CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(OPEN COURT) 1. The petitioners in these petitions under Article 226 of the Constitution of India assail the common order passed by the Central Administrative Tribunal (CAT/ Tribunal) in their respective Original Applications being O.A. Nos.775/2012 and 773/2012, whereby the Tribun...

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Nov 28 2014 (HC)

Forum for Promotion ofquality Education for All Vs. Lt. Governor of De ...

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 202/2014 FORUM FOR PROMOTION OF QUALITY EDUCATION FOR ALL ....Petitioner Through: Mr. Sunil Gupta, Senior Advocate with Mr. Vedanta Varma,Advocate versus LT. GOVERNOR OF DELHI & ORS. ..... Respondents Through Mr. P.P. Malhotra, Senior Advocate with Mr. V.K.Tandon and Mr. Yogesh Saini, Advocates for Govt. of NCT of Delhi. Mr. Anurag Ahluwalia, CGSC with Mr. Prashant Ghai and Mr. Amrit Singh, Advocates for UOI. Mr. Ashok Agarwal with Ms. Nisha Tomar, Advocates for Social Jurist. WITH + W.P.(C) 177/2014 ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS ..... Petitioner Through Mr. Neeraj Kishan Kaul and Mr. Rakesh Khanna, Senior Advocates with Mr. Kamal Gupta, Advocate. versus HONBLE LT.GOVERNOR & ORS. ..... Respondents Through Mr. P.P. Malhotra, Senior Advocate with Mr. V.K.Tandon and Mr. Yogesh Saini, Advocates for Govt. of NCT of Delhi. Mr. Anurag Ahluwalia, CGSC with Mr. Prashant Ghai and Mr. Amrit Singh, Advocates for UOI. Mr. ...

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Nov 28 2014 (HC)

Shriram General Insurance Co Ltd Vs. Smt Sudarshan Kumari and Ors

Court: Delhi

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:28. h November, 2014 + MAC.A. No.1151/2013 SHRIRAM GENERAL INSURANCE CO LTD ..... Appellant Represented by: Mr.K.L.Nandwani and Mr.Sameer Nandwani, Advs. Versus SMT SUDARSHAN KUMARI & ORS Represented by: ..... Respondents Ms.Kirti Sethi proxy counsel for Mr.J.P.N.Shahi, Adv. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the present appeal, the Appellant-Insurance Company assailed the award dated 24.08.2013 whereby the learned Tribunal awarded compensation of Rs.14,66,676/- with interest @ 7.5% per annum from the date of filing the claim petition till realisation of the compensation amount.2. Learned counsel appearing on behalf of the appellant has argued the sole ground that the respondent/claimant failed to establish the salary and employment of deceased Balwinder Singh who was 42 years of age at the time of accident. Despite, the learned Tribunal has added 30% in his actual income towards futur...

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Nov 28 2014 (HC)

Merck Kgaa and Anr. Vs. La Lifescience Pvt. Ltd

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :13. h NOVEMBER, 2014 DECIDED ON :28. h NOVEMBER, 2014 + CS (OS) 2709/2011 MERCK KGAA AND ANR. ..... Plaintiffs Through : Mr.C.M.Lall, Advocate with Mr.Anuj Nair & Mr.Nancy Roy, Advocates. VERSUS LA LIFESCIENCE PVT. LTD Through : ..... Defendant None. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The plaintiffs have filed the present suit for permanent injunction restraining infringement of trademark and rendition of accounts, damages and delivery up, etc. against the defendant with the following prayers :a. A decree for permanent injunction restraining the Defendant, his servants, agents etc. from manufacturing, selling, offering for sale, advertising directly or indirectly dealing in pharmaceutical and medicinal preparations under the trade mark LAFLAM or any other trade mark deceptively and/or confusingly similar to the registered trademarks EXFLAM and EMFLAM under registration Nos. 471455 & 467598. b. A decree for delivery ...

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Nov 28 2014 (HC)

Rohit Kumar and Ors Vs. State (Govt of Nct of Delhi) and Anr

Court: Delhi

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5398/2014 ROHIT KUMAR & ORS Through ..... Petitioners Mr. Ajay Kumar, Advocate with petitioners. versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through Ms. Nishi Jain, Additional Public Prosecutor. Sub Inspector Saurabh Kumar, Crime (Women Cell). Complainant in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl.M.A. No.18428/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. Crl.M.C. No.5398/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.193/13 registered under Section 498-A, 406, 34 IPC, on 09.12.2013, on the ground that the matter has been settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor for the State, enter appearance and accepts notice. The complainant, who has been arrayed as respondent No.2 to this petition, is present in person and accepts not...

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