Delhi Court November 2014 Judgments
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Court: Delhi
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :17. h NOVEMBER, 2014 DECIDED ON :28. h NOVEMBER, 2014 + CS (OS) 1061/2013 & IA Nos.5675/2014 & 18954/2013 CAPTAIN MUKUL GUPTA Through : ..... Plaintiff Mr.Jasmeet Singh, Advocate with Mr.Saurabh Tiwari, Advocate. VERSUS THE KINGFISHER AIRLINES LTD. Through : ..... Defendant None. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The plaintiff has instituted suit under Order XXXVII CPC for recovery of ` 20,09,795/- (`13,25,000/- as salary amount, ` 3,19,825/- as interest, ` 1,86,000/- as gratuity, ` 93,970/- as 45 days leave encashment and ` 85,000/- as additional flying allowance above 70 Hrs.) against the defendant, pleadings the following : (i) The plaintiff was appointed as Transition Captain for A320 w.e.f. 22.04.2006 vide appointment letter dated 17.02.2006 with a consolidated salary of ` 3,30,250/- per month, which was subsequently increased to ` 5,30,000/- per month w.e.f. 01.07.2011. (ii) The defendant was, however, in a f...
Tag this Judgment!Nathu Ram and ors Vs. State of Nct of Delhi and ors.
Court: Delhi
$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5421/2014 NATHU RAM & ORS Through ..... Petitioners Mr. Ajit Nair, Advocate with petitioners. versus STATE OF NCT OF DELHI & ORS. ..... Respondents Through Mr. P.K. Mishra, Additional Public Prosecutor. Sub Inspector Balmukund. Mr. Pankaj Sharma, Advocate with R2and 3. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl.M.A. No.18491/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. Crl.M.C. No.5421/2014 1. This petition under Section 482 Cr.P.C. for quashing of FIR No.146/2012 registered under Section 308, 323, 34 IPC at police station Rajinder Nagar on 18.09.2012 at the instance of the second respondent Pragi Lal, on the ground that the matter has been settled between the petitioners as well as the complainant and the injured Udal Raikwar.2. Issue notice. Mr. P.K. Mishra, Additional Public Prosecutor for the State, and Mr. Pankaj Shar...
Tag this Judgment!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...
Tag this Judgment!Rajesh Sharma @ Gullu Vs. State and ors.
Court: Delhi
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :26. h November, 2014 Pronounced on :28. h November, 2014 % + CRL.A. 848/2011 RAJESH SHARMA @ GULLU ..... Appellant Through : Ms. Saahila Lamba, Adv. versus STATE & ORS. Through : ..... Respondents Ms.Rajdipa Behura, APP for the State/R-1. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.1. The Appellant Rajesh Sharma @ Gullu has preferred this appeal impugning the judgment dated 28th May, 2011 and order on sentence dated 1st June, 2011 whereby he had been convicted for committing an offence under Section 376 IPC and sentenced to undergo R.I. for seven years as well fine of Rs.1000/-, in default, S.I. for one month.2. In brief, the prosecution case is that the PW1 complainant who happened to be mother of the Prosecutrix made a statement Ex.PW1/A to the effect that her daughter S(name withheld) aged 23 years had been missing from the house. S was mentally challenged and not even in a position to speak clearly. She tried to s...
Tag this Judgment!Malti Ahuja Vs. Munshi Lal Ahuja (Deceased)
Court: Delhi
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 28, 2014 + MAT.APP. 26/2008 & C.M.No.8469/2014 MALTI AHUJA Through: ..... Appellant Mr. Puneet Mittal, Advocate with appellant in person versus MUNSHI LAL AHUJA (Deceased) ..... Respondent Through: Legal Heirs -Mr. Kunal Ahuja, Mr. Sameer Ahuja & Ms. Kaveri Sharma CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL % Vide impugned judgment of 23rd January, 2008 marriage of appellant with respondent stood dissolved on the ground of desertion. During the pendency of this appeal, respondent had died and his legal heirs have been brought on record. Amended Memo of Parties discloses that respondent is survived by his two sons Kunal & Sameer and a daughter- Kaveri. Vide order of 21st August, 2014 the legal heirs of deceased respondent have been brought on record. At the final hearing of this appeal, it was put to learned counsel for appellant as to how this appeal survives for consideration and it was brought to the notice ...
Tag this Judgment!Arjun Madan and anr. Vs. State and anr.
Court: Delhi
$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5439/2014 ARJUN MADAN & ANR. Through ..... Petitioners Mr. P. Roy Choudhary, Advocate with Petitioners. versus STATE & ANR. ..... Respondents Through Mr. P.K. Mishra, Additional Public Prosecutor. Mr. Prannoy Dey, Advocate with Complainant. Sub Inspector Rajesh Kumar, PS. B.K. Road. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) 1. This petition under Section 482 Cr.P.C. for quashing of FIR No.1162/2012 registered under Section 406, 498-A IPC on 27.12.2012 at police station Barakhamba Road, on the ground that the matter has been settled between the parties.2. Issue notice. Mr. P.K. Mishra, Additional Public Prosecutor for the State, and Mr. Prannoy Dey, Advocate for respondents No.2, enter appearance and accept notice. The complainant is also identified by the Investigating Officer, Sub Inspector Rajesh Kumar, Barakhamba Road.3. It is stated that the aforesaid FIR came to be lodged at the inst...
Tag this Judgment!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 ...
Tag this Judgment!Amit Vs. State
Court: Delhi
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2515/2014 AMIT .... Petitioner Through: Mr. B.P. Sharma and Ms. Archana Sharma, Advocates with petitioner in person. versus STATE Through: ..... Respondent Mr. P.K. Mishra, APP for the State with IO/ASI Bhagat Sharma, PS Frash Bazar. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) 1. The petitioner is present in person in Court.2. Apart from other aspects, counsel for the State has also pointed out that petitioner has been eluding the police and therefore Non-Bailable Warrants have been issued for his arrest. Under the circumstances, the petitioners position appears to be that there is some inherent right available to citizens to abscond the moment they fear an accusation and arrest; and to remain away from the reach of the police even after their initial application seeking anticipatory bail is refused by a competent court; till such time as they are able to persuade the courts, through thei...
Tag this Judgment!Ritwik Raj Saxena Vs. Union Public Service Commission and anr.
Court: Delhi
$~19 & 23. * IN THE HIGH COURT OF DELHI AT NEW DELHI + % Date of Decision:28. 11.2014 W.P.(C) 8319/2014 & CM APPL. 19276-19280/2014 SATISH KUMAR Through: ..... Petitioner Mr. Amit S Chadha, Sr. Adv. with Mr. Mohit Bakshi, Advocate versus UNION PUBLIC SERVICES COMMISSION & ANR.... Respondent Through: Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Advocate Mr. Naresh Kaushik, Ms. Aditi Gupta and Ms. Amita Kalkal Chaudhary, Adv. for UPSC % W.P.(C) 8373/2014 & CM APPL. 19386-19389/2014 RITWIK RAJ SAXENA Through: .... Petitioner Mr. Debesh Panda, Ms. Amrita Panda and Ms. Shweta Sharma, Advocates versus UNION PUBLIC SERVICE COMMISSION & ANR...... Respondent Through: Mr. Arun Bhardwaj, CGSC Mr. Naresh Kaushik Ms. Aditi Gupta and Ms. Amita Kalkal Chaudhary, Adv. for UPSC CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI S. RAVINDRA BHAT, J.(OPEN COURT) 1. These petitioners claim to be aggrieved by a common order of the Central Administrative Tribunal (CAT/ Tribuna...
Tag this Judgment!R.K. Tanwar Vs. Uoi and ors
Court: Delhi
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1431/1998 Decided on :28. 11.2014 IN THE MATTER OF R.K. TANWAR ..... Petitioner Through Mr.Abhik Kumar, Mr.Arun Singh, Mr.Rahul Kumar & Mr.Siddhartha Shankar, Advocates Versus UOI & ORS ..... Respondents Through Mr.Sundhir Chandra, Sr.Advocate with Mr.Rajendra Dhawan, Advocate for R-2 CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HIMA KOHLI, J (Oral) 1. The present petition was filed by the petitioner in the year 1998 when he was working on the post of Deputy General Manager in the respondent No.2/MMTC, praying inter alia for quashing the order dated 10.7.1996, directing promotion of twenty officers working on the post of Deputy General Manager, to the posts of General Manager. The second relief sought by the petitioner is for issuance of directions to the respondent No.2/MMTC to promote him to the post of General Manager w.e.f. 10.7.1996, with all the consequential benefits.2. On the last date of hearing, during the course of arguments being...
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