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Delhi Court December 2014 Judgments

Dec 18 2014

Naresh Kumar and Ors Vs. M/S Lancer Convent Senior Secondary School

Court: Delhi

Decided on: Dec-18-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:18. h December,2014 % + W.P. (C) No.1254/2014 NARESH KUMAR & ORS ..... Petitioners Represented by: Mr.Arun K.Yadav, Adv. Versus M/S LANCER CONVENT SENIOR SECONDARY SCHOOL ..... Respondent Represented by: Mr. S.N.Gupta, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Vide the present petition, petitioners seek setting aside the relief part of the award dated 13.01.2014, whereby the respondent / Management was directed to pay Rs.50,000/- each in favour of the petitioners as lump sum compensation in lieu of reinstatement and retrenchment compensation.2. The petitioners seek parity with other similar employees who settled their claims before this court and the respondent / Management paid them up to Rs.7,00,000/-. In one case, an employee namely Raj Bala, who was employed as Aya has received an amount of Rs.2,50,000/- towards arrears of back wages and later on settled the matter for Rs.4,50,000/-. Thus, the re...

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Dec 18 2014

Sushma Berlia and Ors. Vs. Kamal Kumar and Ors.

Court: Delhi

Decided on: Dec-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :3. d DECEMBER, 2014 DECIDED ON :18. h DECEMBER, 2014 + CS (OS) 1097/2009 SUSHMA BERLIA & ORS. Through : ..... Plaintiffs Mr.Amarjit Singh, Advocate with Ms.Vernika Tomar, Advocate. VERSUS KAMAL KUMAR & ORS. Through : ..... Defendants None. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The plaintiffs have instituted the instant suit for permanent injunction against the defendants restraining infringement of trademark, passing off and damages, etc.2. As per the averments in the plaint, plaintiffs No.1 and 2 are the joint proprietors and owners of all intellectual property rights in the mark APEEJAY. The plaintiff No.3, and other business concerns managed and controlled by plaintiffs No.1 & 2 are using intellectual property assets of plaintiffs No.1 & 2 as licencee / permitted users. Para No.7 describes name of the schools and educational institutions managed, administered and run by plaintiff No.3 society. It is averred that the...

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Dec 18 2014

Sushil Kumar Vs. The Director of Education and Ors

Court: Delhi

Decided on: Dec-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1582/2014 Decided on:18. 12.2014 IN THE MATTER OF: SUSHIL KUMAR ..... Petitioner Through : Mr. K.P. Gupta, Advocate with petitioner in person. versus THE DIRECTOR OF EDUCATION & ORS ..... Respondents Through : Mr. Amiet Andley, Advocate for R-1 to 3/DOE. Ms. Pushti Gupta, Advocate for R-4 & 5. 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 issuance of directions to the respondents No.1 to 3 /Directorate of Education (DOE) and the respondents No.4 & 5/School for releasing his salaries for the period w.e.f. 1.7.2013 to 28.11.2013, alongwith interest. Further, the petitioner seeks directions to the respondent No.2 to modify the re-employment order dated 29.11.2013, to make it effective from 1.7.2013 instead of 29.11.2013.2. The brief facts of the case are that the petitioner was working on the post of Principal in the respondent No.4/School, which i...

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Dec 18 2014

Lokesh Thukral Vs. Select Infrastructure Pvt Ltd

Court: Delhi

Decided on: Dec-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:18. hDecember, 2014 % + CS (OS) No.3485/2014 LOKESH THUKRAL Through ..... Plaintiff Mr. Vibhor Garg, Adv. versus SELECT INFRASTRUCTURE PVT LTD ....Defendant Through Mr. Pavit Singh Katoch and Mr. Rajat Jain, Advs. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiff has filed a suit for permanent and mandatory injunction restraining infringement of trademark Food Fiesta, dilution, passing off, delivery up, rendition of accounts of profits, damages and cost etc. against the defendant.2. The matter was listed on 18th November, 2014 before Court when after hearing the defendant and its agents were restrained from using the trademark Food Fiesta in respect of the similar business as that of the plaintiff.3. It is averred in the plaint that the plaintiff is a leading Food and Drink and Catering Service Provider and has been consistently providing the said services for the past 25 years and has strived and su...

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Dec 18 2014

Sunder Sharma and Ors Vs. The State and Anr

Court: Delhi

Decided on: Dec-18-2014

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4636/2014 SUNDER SHARMA & ORS Through: ..... Petitioners Mr. Ramesh Sethi, Advocate with petitioners in person. versus THE STATE & ANR Through: ..... Respondents Ms. Nishi Jain, APP for the State with SI Rajvir Singh, PS CWC Nanakpura. Mr. Sanjeev Kumar, Advocate for R2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) Crl. M.A. 15804/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 4636/2014 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.34/2013 registered under Sections 498A/406/34 IPC at Police Station Crime (Women Cell), Nanakpura on 5th March, 2013 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor and Mr. Sanjeev Kumar, Advocate enter appearance and accept notic...

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Dec 18 2014

Rajesh Dabas Vs. Union of India and Ors.

Court: Delhi

Decided on: Dec-18-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:18. h December, 2014 + W.P. (C) No.7461/2012 RAJESH DABAS ..... Petitioner Represented by: Mr. Pradeep Kumar Arya and Mr. Narinder Chaudhary, Advocates. Versus UNION OF INDIA & ORS. ......Respondents Represented by: Mr.Rajat Arora, Advocate for Respondent No.2. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Vide the present petition, the petitioner has challenged the award dated 31.07.2012, whereby ld. Industrial Tribunal has dismissed his claim petition.2. The facts of the case are that Chairman, K.G. Denim Limited, Coimbatore came to meet Chairman and Managing Director of Punjab National Bank/R-2 on 13.11.2007. While going inside the cabin, said visitor kept his mobile phone outside. When he came out of the cabin, he found his mobile phone missing from the place where it was kept. Accordingly, he lodged a report of theft with the Bank Authority. Consequently, search of the said phone was conducted.3. The p...

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Dec 18 2014

Tikam Chand Jaiswal Vs. State Nct of Delhi and Anr

Court: Delhi

Decided on: Dec-18-2014

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4500/2014 TIKAM CHAND JAISWAL Through: ..... Petitioner Mr. K. Singhal, Advocate with petitioner in person. versus STATE NCT OF DELHI & ANR ..... Respondents Through: Ms. Nishi Jain, APP for the State with SI Shashi Kumar, PS Moti Nagar. Complainant in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl. M.A. 15423/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 4500/2014 and Crl. M.A. 15422/2014 (for stay) 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.404/2014 registered under Section 420 IPC at Police Station Moti Nagar on 6th May, 2014 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor enters appearance and accepts notice on behalf of the State/respondent No.1.3. Complaina...

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Dec 18 2014

Residents Welfare Association Vs. Govt. of Nct of Delhi and Ors.

Court: Delhi

Decided on: Dec-18-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 12.2014 W.P.(C) 8053/2012 & CM No.20086/2012 RESIDENTS WELFARE ASSOCIATION ..... Petitioner versus GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Anshum Jain. For the Respondents : Mr Vijay Chandra and Ms Sonia Sharma for R-1 & R-3. Mr Manika Tripathy Pandey with Mr Ashutosh Kaushik for DDA. Mr S.B. Upadhyay, Sr. Advocate with Mr Abhimanyu Garg, Mr Param Mishra and Ms Puja Dewan for R-4/DTDC. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner is a Residents Welfare Association of residents of C, G and DDA Flats East of Kailash, New Delhi and has filed the present petition, inter alia, praying for a direction to be issued for closure of a liquor shop operating in Convenient Shopping Centre at C Block Market, East of Kailash, New Delhi.2. According, to the petitioners, a liquor vend operating at a Convenient Shopping Centre (hereinaf...

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Dec 18 2014

Bihari Lal Kalra and Anr Vs. Sodhi Lal and Others

Court: Delhi

Decided on: Dec-18-2014

$~A-4 & 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision 18.12.2014 + MAC.APP. 928-29/2005 BIHARI LAL KALRA & ANR Through versus SODHI LAL & OTHERS Through + ..... Appellants Mr. S.N. Kalra, Advocate. ..... Respondents Mr. Pankaj Seth, Advocate for Insurance Company. MAC.APP. 229/2006 AMAR CHAND ..... Appellant Through versus SODHI LAL & ORS. Through Mr. S.N.Kalra, Advocate. ..... Respondents Mr. Pankaj Seth, Advocate for Insurance Company. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. The present appeal is filed seeking to impugn the compensation awarded by the Tribunal as per award dated 26.09.2005.2. The brief facts are that on 28.11.1995 the injured Amar Chand was driving the truck. He parked his truck on the kacha road for purpose of tightening of tripal as he was carrying sugar in the truck. When the injured Amar Chand and the deceased Ishan Kalra were tightening the tripal, the truck was hit by a bus said to be driven rashly and negligently. As a re...

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Dec 18 2014

Sonu Vs. Pritika Fashions Pvt Ltd and Ors

Court: Delhi

Decided on: Dec-18-2014

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment dated 18.12.2014 + CS(OS) 1280/2014 SONU ..... Plaintiff Through : Mr.Akil Rataeeya, Adv. versus PRITIKA FASHIONS PVT LTD & ORS ..... Defendants Through : Mr.Atul Shahi, Adv. for defendant no.2. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) I.A. 14404/2014 1. Plaintiff has filed the present suit under the provisions of Order XXXVII of the Code of Civil Procedure for recovery of Rs.31,00,000/- together with pendente lite and future interest. The present suit is based on five cheques total amounting to Rs.31,00,000/-, which were dishonoured on presentation due to insufficient funds.2. Despite the order dated 7.11.2014 passed by the learned Joint Registrar, the defendants have failed to trace and place the application stated to have been filed by the defendants no.1 and 2 under Order XXXVII of the Code of Civil Procedure seeking leave to defend on record. A carbon copy of this application has been handed over in Cour...

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