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Delhi Court February 2014 Judgments

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Feb 25 2014 (HC)

Mex Switchgears Pvt. Ltd. Vs. Max Switchgears Pvt. Ltd.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment pronounced on: February 25, 2014 I.A. No.10442/2013 in CS(OS) No.1299/2013 MEX SWITCHGEARS PVT LTD ..... Plaintiff Through Mr. Shailen Bhatia, Mr. Amit Jain, Ms. Ekta Nayar and Mr. Vaibhav Kashyap, Advs. versus MAX SWITCHGEARS PVT LTD ..... Defendant Through Mr. Vikas Chhabra, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By this order, I propose to decide the pending interim application being I.A. No.10442/2013 filed by the plaintiff under Order XXXIX, Rules 1 and 2 of Code Of Civil Procedure 1908 (hereinafter referred to as CPC) in a suit for permanent injunction restraining infringement of trade mark, corporate name, copyright, passing off, rendition of accounts, delivery up etc.2. The case of the plaintiff is that plaintiff i.e. Mex Switchgears Private Limited through its predecessor is the first adopter and user of the trade mark MEX since the year 1960 for electric switchgears, switches, ignition switche...

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Feb 25 2014 (HC)

Commissioner of Service Tax Vs. Ernst and Young Pvt Ltd

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CEAC122013 Reserved on:3. d December, 2013 Date of Decision:25. h February, 2014 % COMMISSIONER OF SERVICE TAX ..... Appellant Through Ms. Sonia Sharma, Sr. Standing Counsel. versus ERNST & YOUNG PVT LTD ..... Respondent Through Mr. Tarun Gulati, Mr. Rony O John, Mr. Neil Hildreth and Mr. Shashi Mathews, Advocates. + CEAC532013 COMMISSIONER OF SERVICE TAX, DELHI..... Appellant Through Ms. Sonia Sharma, Sr. Standing Counsel. versus M/S INTEROCEAN SHIPPING (I) PVT LTD ..... Respondent Through Mr. P.K. Sahu and Mr. Prashant Shukla, Advocates. + CEAC542013 COMMISSIONER OF SERVICE TAX, DELHI..... Appellant Through Ms. Sonia Sharma, Sr. Standing Counsel. versus M/S INTEROCEAN SHIPPING (I) PVT LTD. ..... Respondent Through Mr. P.K. Sahu and Mr. Prashant Shukla, Advocates. + CEAC552013 COMMISSIONER OF SERVICE TAX, DELHI..... Appellant Through Ms. Sonia Sharma, Sr. Standing Counsel. versus M/S INTEROCEAN SHIPPING (I) PVT LTD ..... Respondent Through M...

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Feb 25 2014 (HC)

Delhi Development Authority Vs. Jagbir Singh and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA No.182/2012 % 25th February, 2014 DELHI DEVELOPMENT AUTHORITY ......Appellant Through: Mr. Rohit Gandhi, Adv. VERSUS JAGBIR SINGH & ORS. Through: ...... Respondents Mr. Umesh Mishra, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This regular second appeal has been filed against the concurrent judgments of the courts below; of the trial court dated 22.10.2009 and the first appellate court dated 5.3.2012; by which the suit of the respondents/plaintiffs to the extent of injunction was decreed with respect to the suit land comprising of an area of 50X201 in village Samaspur Jagir, Delhi, however, the relief of declaration of ownership prayed by the respondents-plaintiffs with respect to this very land has been declined.2. A reference to the impugned judgments shows that both the courts below have relied upon the demarcation report of the revenue official appointed as a Loca...

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Feb 25 2014 (HC)

Yaseen Vs. State (Nct of Delhi)

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:25. 02.2014 % + CRL.A. 686/2013 YASEEN Through: ..... Appellant Mr. S.C. Sagar, Adv. versus STATE + Through: ..... Respondent Mr. Feroz Khan Ghazi,APP for State Through: ..... Appellant Ms. Inderjeet Sidhu and Ms. Shiba Batra, Advs. CRL.A. 855/2013 SIKENDER versus STATE NCT OF DELHI Through: + ..... Respondent Mr. Feroz Khan Ghazi,APPfor State CRL.A. 1359/2013 MAMUN @ ABDUL RASHID Through: versus STATE OF NCT OF DELHI Through: ..... Appellant Ms. Aishwarya Rao, Adv. ..... Respondent Mr. Feroz Khan Ghazi,APP for State CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) On 23.01.2010, the complainant Amarjit Singh, a resident of house no.F-107, East of Kailash, New Delhi came to the police station Amar Colony and submitted a complaint with respect to the robbery which had taken place in his house in the night intervening 22/23.01.2010. He stated that during the aforesaid night, he was sleeping in his bedroom on the s...

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Feb 25 2014 (HC)

Munsab Khan (Through Lrs) Vs. Gaon Sabha Mandoli and anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA No.148/2012 25th February, 2014 % MUNSAB KHAN (THROUGH LRS) ......Appellants Through: Mr. N.P. Singh, Advocate. VERSUS GAON SABHA MANDOLI AND ANR. ...... Respondents Through: Mr. D. Rajeshwar Rao, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular Second Appeal is filed against the judgment of the first appellate Court dated 16.2.2012 dismissing the appeal filed by the appellants/plaintiffs by refusing to condone the delay of approximately sixty days.2. The only ground for filing of the first appeal with delay was of the illness of the appellant no.2, however, no proof of illness of the appellant no.2 was filed and therefore the appeal was dismissed as barred by time.3. I may note that even on merits, prima facie the appellants have no case on merits, because, the suit for injunction was dismissed by the trial Court by giving valid reason that the appellant...

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Feb 25 2014 (HC)

Mamun @ Abdul Rashid Vs. State of Nct of Delhi

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:25. 02.2014 % + CRL.A. 686/2013 YASEEN Through: ..... Appellant Mr. S.C. Sagar, Adv. versus STATE + Through: ..... Respondent Mr. Feroz Khan Ghazi,APP for State Through: ..... Appellant Ms. Inderjeet Sidhu and Ms. Shiba Batra, Advs. CRL.A. 855/2013 SIKENDER versus STATE NCT OF DELHI Through: + ..... Respondent Mr. Feroz Khan Ghazi,APPfor State CRL.A. 1359/2013 MAMUN @ ABDUL RASHID Through: versus STATE OF NCT OF DELHI Through: ..... Appellant Ms. Aishwarya Rao, Adv. ..... Respondent Mr. Feroz Khan Ghazi,APP for State CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) On 23.01.2010, the complainant Amarjit Singh, a resident of house no.F-107, East of Kailash, New Delhi came to the police station Amar Colony and submitted a complaint with respect to the robbery which had taken place in his house in the night intervening 22/23.01.2010. He stated that during the aforesaid night, he was sleeping in his bedroom on the s...

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Feb 25 2014 (HC)

Taslim and ors. Vs. Union of India

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.60/2013 25th February, 2014 % TASLIM AND ORS. Through: ..... Appellants Mr. Anshuman Bal, Advocate. Versus UNION OF INDIA ..... Respondent Through: None. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.16879/2013 (restoration) 1. For the reasons stated in the application, the appeal is restored to its original number. C.M. stands disposed of. + FAO No.60/2013 2. This first appeal is filed against the impugned order of the Railway Claims Tribunal dated 17.10.2012 dismissing the prayer for condonation of delay of about one year and six months in filing of the claim petition.3. In law, condonation of delay has to be looked into with respect to facts of each case, however, it is settled law that whenever there is a provision of condonation of delay, delay is condoned unless the delay is such which amounts to want of good faith or there is criminal negligence. In fact, once...

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Feb 25 2014 (HC)

Rakhi Devi and ors. Vs. Ashok Kumar and ors.

Court: Delhi

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. h February, 2014 % + MAC.APP. No.684 /2013 RAKHI DEVI & ORS. Represented by: ..... Appellants Mr.Navneet Goyal, Advocate. Versus ASHOK KUMAR & ORS. Represented by: ..... Respondents Mr.Pankaj Kumar, Advocate for Respondent No.3/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred against the impugned award dated 22.04.2013, whereby the learned Tribunal has granted compensation for a sum of Rs.12,08,152/- with interest at the rate of 9% per annum from the date of filing of the petition till realization of the amount.2. This appeal is filed for enhancement of the compensation amount as noted above.3. Learned counsel appearing on behalf of the appellants/claimants has argued that the accident had taken place on 28.12.2012. On the date of the accident, the deceased was 25 years of age. He was working as a Helper and earning Rs.10,000/- per month. The claima...

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Feb 25 2014 (HC)

Future Generali Inida Insurance Co. Ltd. Vs. Sonu Singh Negi and anr.

Court: Delhi

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. h February, 2014 + MAC. APP. No.953/2013 FUTURE GENERALI INIDA INSURANCE CO. LTD. ..... Appellant Represented by: Ms. Suman Bagga and Ms.Shruti Shukla, Advocates. Versus SONU SINGH NEGI & ANR. Represented by: ..... Respondents Mr.S.N. Parashar, Advocate for Respondent No.1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred against the impugned award dated 18.09.2013, whereby the learned Tribunal has granted compensation for a sum of Rs.11,12,961/- with interest at the rate of 9% per annum from the date of filing of the claim petition till realization of the amount.2. It is pertinent to note that the driver and owner of the offending vehicle were proceeded ex parte and the learned Tribunal has relied upon the DAR filed by the police. Since the licence of the driver of the offending vehicle was expired, therefore, recovery rights have been granted in favour of the appella...

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Feb 25 2014 (HC)

Raman Narula Vs. the Director of Enforcement

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI R-55 + CRL.A. 149 of 2008 RAMAN NARULA ..... Appellant Through: Mr. Harish Gulati and Mr. Anindiya Malhotra, Advocates. versus THE DIRECTOR OF ENFORCEMENT Through: None .......Respondent WITH R-56 CRL.A. 186 of 2008 CLUB MED INDIA BRANCH OFFICE ..... Appellant Through: Mr. Harish Gulati and Mr. Anindiya Malhotra, Advocates. versus SPECIAL DIRECTOR OF ENFORCEMENT ......Respondent Through: None CORAM: JUSTICE S. MURALIDHAR ORDER2502.2014 1. Raman Narula has filed Crl. Appeal No.149 of 2008 under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against the order dated 11th December 2007 passed by the Foreign Exchange Appellate Tribunal (AT) in Appeal No.294 of 2005 filed by him. Crl. A. 186 of 2008 has been preferred by Club Med India Branch Office (hereafter Club Med India), against the same impugned order of the AT which was common to its Appeal No.297 of 2005.2. The background to these appeals is that Club Mediterranee Hong Kong L...

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