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Delhi Court November 2014 Judgments

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Nov 14 2014

Educare Limited and anr Vs. S.K. Sachdev and anr

Court: Delhi

Decided on: Nov-14-2014

$~43. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1151/2014 % Judgment reserved on 4.9.2014 % Judgment pronounced on 14.11.2014 EDUCARE LIMITED & ANR ..... Plaintiffs Through : Ms.Anuradha Salhotra, Mr.Sumit Wadhwa, Mr.Zeeshan Khan and Mr.Tushar John, Advocates versus S.K. SACHDEV & ANR ..... Defendants Through: Mr.M.K. Miglani, Mr.Aayushmaan Gauba and Mr.Kapil Kumar Giri, Advocates CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J IA.No.7512/2014 & IA.No.10541/2014 1. This is an application filed by the plaintiffs under Order 39 Rules 1 and 2 of the Code of Civil Procedure. While issuing summons to the defendants this court had restrained the defendants from using the trademark/ trade name, ShreeRam World School and the domain name www.shreeram.in, as it was deceptively and phonetically similar to the plaintiffs trade-mark SHRI RAM / SHRIRAM in relation to its services.2. IA.No.10541/2014 has been filed by the defendants under Order 39 Rule 4 CPC for vacation of the interim...


Nov 14 2014

Sanraj Farms Private Limited Vs. Government of Nct of Delhi and anr.

Court: Delhi

Decided on: Nov-14-2014

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:14. h November, 2014 + W.P.(C) 7831/2014 SANRAJ FARMS PRIVATE LIMITED ..... Petitioner Represented by: Mr.Ravi Gupta, Sr.Adv. with Mr. C.P.Sharma and Mr.Ajay Gulati, Advs. versus GOVERNMENT OF NCT OF DELHI & ANR. ..... Respondents Represented by: Mr.V.K.Tandon and Mr. Gursharan Singh, Advs. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) C.M.No.18385/2014 (Exemption) Allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 7831/2014 & C.M.No.18384/2014 (Stay) 1. Vide present petition, the petitioner seeks directions thereby quashing the directions/orders issued by the Public Grievance Commission/respondent No.2 in its order dated 26.12.2013, 30.01.2014, 04.03.2014 issued to the Sub-Divisional Magistrate and the Deputy Commissioner, New Delhi.2. The petitioner further seeks directions thereby declaring that the Public Grievance Commission has no powers/authority or jurisdiction t...


Nov 14 2014

Om Prakash Dhingra Vs. Commissioner of Income Tax-vii, and ors

Court: Delhi

Decided on: Nov-14-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:14. 11.2014 W.P.(C) 7639/2014 & CM180042014 OM FINCAP PVT. LTD ..... Petitioner versus COMMISSIONER OF INCOME TAX-III, & ORS + ..... Respondents W.P.(C) 7640/2014 & CM180062014 PAWAN KUMAR DHINGRA ..... Petitioner versus COMMISSIONER OF INCOME TAX-III & ORS + ..... Respondents W.P.(C) 7642/2014 & CM180202014 OM PRAKASH DHINGRA ..... Petitioner versus COMMISSIONER OF INCOME TAX-VII, & ORS ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr Salil Kapoor with Mr Vikas Jain For the Respondents : Mr Rohit Madan with Mr P. Roy Chaudhuri and Mr Akash Vajpai CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. These writ petitions arise out of common sequence of events and are, therefore, being disposed of together, the main writ petition being WP(C) 7642/2014 (Om Prakash Dhingra v. CIT and Others). In that petition, there is a prayer for ...


Nov 14 2014

Manoj Chaudhary Vs. Sanjeev Bhardwaj

Court: Delhi

Decided on: Nov-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 14, 2014 + RSA3392014 MANOJ CHAUDHARY Through: ..... Appellant Mr. Harish K. Mehra, Advocate versus SANJEEV BHARDWAJ Through: ..... Respondent Nemo. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % C.M. No.18610-11/2014 (for exemption) Allowed subject to all just exceptions. Applications are disposed of. C.M. No.18612/2014 (for delay) For reasons stated in the application, delay of 55 days in re-filing the accompanying appeal is condoned. Application is disposed of. RSA No.339/2014 & C.M.No.18609/2014 Respondents suit for possession of the suit premises stands decreed by both the courts below. The factual narration of this case already finds mention in the RSA No.339/2014 Page 1 opening paragraph of the impugned judgment and so, needs no reiteration. At the hearing of the appeal, appellant-defendant had filed an application for additional evidence to show that the subject premises were located in village Sikdar...


Nov 14 2014

Commissioner of Income Tax Delhi ( Central) -iii Vs. Hari Chand Shri G ...

Court: Delhi

Decided on: Nov-14-2014

$~1, 2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h November, 2014. + ITA Nos. 536/2014, 537/2014 & 588/2014 COMMISSIONER OF INCOME TAX DELHI ( CENTRAL) -III ..... Appellant Through Mr. Balbir Singh, Sr. Standing Counsel with Mr. Abhishek Baghel, Advocate. versus HARI CHAND SHRI GOPAL Through ..... Respondent CORAM HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.(ORAL) We have heard learned counsel for the Revenue at some length, but do not find any ground or reason to interfere with the impugned order dated 3rd January, 2014 in view of the facts of the present case.2. The respondent herein is an individual and the assessment years involved are 2003-04, 2004-05 and 2005-06. Search and seizure action under Section 132 of the Income Tax Act, 1961 (Act, for short) was carried out on the Gopal Zarda group including M/s. Gopal Corporation Ltd.3. The respondent-assessee was not subjected to search and seizure operations but subse...


Nov 14 2014

Kulwant Kaur Vs. Amrinder Kaur and anr

Court: Delhi

Decided on: Nov-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:14. h November, 2014 % + TR. P. (C) No.15/2013 KULWANT KAUR Through ..... Petitioner Mr.Nalin Tripathi, Adv. Versus AMRINDER KAUR & ANR Through ..... Respondents Mr.P.S.Goindi, Adv. for R-1. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. The abovementioned transfer petition has been filed by the petitioner under Section 24 CPC for transfer of Civil Suit No.223/2007, titled Kulwant Kaur v. Amrinder Kaur & Anr., pending in the Court of Sh.V.K.Jha, learned Civil Judge, Tis Hazari Courts, Delhi to this Court and consolidate the same with CS(OS) No.114/2008 pending before this Court.2. It is alleged in the transfer petition that the suit filed by the petitioner before this Court being CS(OS) No.114/2008 titled as Kulwant Kaur v. Amrinder Kaur & Anr. is a suit for specific performance which was filed on the basis of the fact that respondent No.1 failed to perform the terms of the family settlement. The present...


Nov 14 2014

Kartar Singh Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Nov-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h November, 2014 % + CRL. A. No.531/2013 WITH CRL. M.A. 9812/2014 KARTAR SINGH Through: ..... Appellant Mr.P.K. Dubey, Advocate versus STATE (NCT OF DELHI) Through: .....Respondent Mr. Yogesh Verma, APP for the State CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH VED PRAKASH VAISH, J.(ORAL) 1. This is an appeal brought under Section 374(2) of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.PC) impugning the judgment dated 24.01.2012 and order on sentence dated 03.03.2012 passed by learned Additional Sessions Judge/Special Judge (NDPS), Outer District, Rohini Courts, Delhi whereby the appellant was convicted for the offence under Section 368 IPC and sentenced to undergo Rigorous Imprisonment (RI) for five years beside a fine of Rs.5,000/- and in default of payment of fine to further undergo Simple Imprisonment (SI) for a period of six months.2. During the course of arguments Mr. P.K. Dubey, Advocate appearing f...


Nov 14 2014

Smt. Bimla Devi Vs. Dinesh Kumar Gupta and ors.

Court: Delhi

Decided on: Nov-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M.(M) No.1011/2014 14th November, 2014 % SMT. BIMLA DEVI Through: ..... Petitioner Mr. Bharat Singh Sisodia, Advocate. Versus DINESH KUMAR GUPTA & ORS. Through: ..... Respondents CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.18513/2014 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. + C.M.(M) No.1011/2014 and C.M. No.18514/2014 (stay) 2. This petition under Article 227 of the Constitution of India is filed by the defendant no.3 in the suit for partition impugning the order dated 17.2.2014 passed by the trial court striking off the defence of the petitioner/defendant no.3 inasmuch as petitioner/defendant no.3 did not comply with the earlier order passed by the court dated 29.10.2013 directing petitioner/defendant no.3 to file an affidavit with respect to rent received from all the tenants of the suit property and thereafter to deposit ...


Nov 14 2014

Abhay Ram Vs. State (Govt. of Nct of Delhi) and ors.

Court: Delhi

Decided on: Nov-14-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No.667 of 2008 RISHI & ORS. .....Appellants Through: Mr. Ramesh Gupta, Senior Advocate with Mr. Amit Khanna and Mr. Sanat Tokas, Advocates. versus STATE OF N.C.T. OF DELHI ..... Respondent Through: Ms. Isha Khanna, APP. SI Subhash, PS: Vasant Kunj, New Delhi. AND CRL.A. No.704 of 2008 ABHAY RAM ..... Appellant Through: Mr. Jayant K. Sud and Mr. Ajay P. Tushir, Advocates. versus STATE (GOVT. OF NCT OF DELHI) & ORS. ..... Respondents Through: Ms. Isha Khanna, APP. SI Subhash, PS: Vasant Kunj, New Delhi. Mr. Ramesh Gupta, Senior Advocate with Mr. Amit Khanna and Mr. Sanat Tokas, Advocates for Respondents. CORAM: JUSTICE S. MURALIDHAR ORDER1411.2014 1. There are two appeals before this Court. Criminal Appeal No.667 of 2008 is by 14 Appellants and is directed against the judgment dated 30th May 2008 passed by the Additional Sessions Judge (ASJ) convicting them for the offences under Sections 149/325 read with Section 149 and Section 323 read wi...


Nov 14 2014

Alka Vs. Ashok Kumar

Court: Delhi

Decided on: Nov-14-2014

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h November, 2014 % + MAT.APP.(F.C.) 71/2013 ALKA Through : versus ASHOK KUMAR Through : ..... Appellant Ms. Suman Malhotra, Adv. ..... Respondent Mr. Sheetesh Khanna, Adv. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.(Oral) 1. We have heard learned counsel for the parties.2. The appellant has challenged the order dated 15 th October, 2013 disposing of her two applications filed under Order 16 Rule 14 read with Section 151 CPC for the purposes of adjudication on her application for maintenance under Section 24 of the Hindu Marriage Act, 1955.3. The first application was filed by the appellant pointing out her husbands stand in his affidavit dated 6 th August, 2013 that he does not have any documentary proof relating to his employment during the last five years and is not having the salary slips. It is further pointed out that the respondent - husband had taken a categorical stand t...


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