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Delhi Court March 2014 Judgments

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Mar 14 2014

ireo Pvt. Ltd. Vs. Mr.Mahender Arora and ors.

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :16.09.2013 Decided on :14.03.2014 + CCP (O) 124/2012 in CS(OS)3156/2012 IREO PVT. LTD. .... Petitioner Through Mr.Ajay Sahni, Ms.Kanika Bajaj and Ms.Shivangi Amrit, Advocates versus MR.MAHENDER ARORA & ORS. .....Respondents Through Mr.Chetan Sharma, Senior Advocate with Mr.Pramod Kumar Singh and Mr.Abhishek Ghai, Advocates + CCP (O) 62/2013 in CS(OS)3156/2012 IREO PVT. LTD. .... Petitioner Through Mr.Ajay Sahni, Ms.Kanika Bajaj and Ms.Shivangi Amrit, Advocates versus MR.LALIT SANDUJA & ORS. .....Respondents Through Mr.Chetan Sharma, Senior Advocate with Mr.Pramod Kumar Singh and Mr.Abhishek Ghai, Advocates CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The plaintiff has filed the Suit CS(OS)3156/2012 seeking a decree of permanent injunction to restrain the defendant from offering for sale or dealing in real estate business under the impugned trade mark Genesis SKYON or any other trade mark which may be deceptively similar...


Mar 14 2014

Gaurav Mehta and anr. Vs. High Court of Delhi

Court: Delhi

Decided on: Mar-14-2014

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h March, 2014 + W.P. (C) 1701/2014 GAURAV MEHTA & ANR. Through: ..... Petitioners Mr. A. Maitri, Advocate versus HIGH COURT OF DELHI Through: ..... Respondent Mr. Rajiv Bansal, Advocate with Ms. Ray Chaudhary, Advocate CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT SANJIV KHANNA J.(ORAL) 1. The Petitioners herein in alternative seek modification or amendment of Rule 14 (c) of the Delhi Judicial Services Rules, 1970 (Rules, 1970 for short) fixing the maximum eligibility age limit for candidates to appear in the Delhi Judicial Service Examination, 2014.2. This Court exercising power under Article 226 of the Constitution of India cannot modify or amend recruitment rules, i.e. Recruitment Rules of Delhi Judicial Service. This Court has power of judicial review and can examine constitutional vires of any provision including the Delhi Judicial Services Rules, 1970 while exercising the writ j...


Mar 14 2014

Sh. Gulshan Malik Vs. Commissioner of Income Tax

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. 02.2014 Pronounced on:14. 03.2014 + ITA552014, C.M. APPL. 2383/2014 & 2384/2014 SH. GULSHAN MALIK ..Appellant Through: Sh. Prakash Kumar and Sh. Sheel Vardhan, Advocates. Versus COMMISSIONER OF INCOME TAX ..Respondents Through: Sh. Rohit Madan, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V. EASWAR MR. JUSTICE S. RAVINDRA BHAT % 1. This is an appeal filed against the order of the Income Tax Appellant Tribunal (ITAT) in ITA No.161/Del/2012 dated 27.02.2013, which upholds the order of the Commissioner of Income Tax (Appeals) (CIT-A) confirming the assessment order of the Assessing Officer (AO). The short question of law that arises is whether on facts, capital gains are taxable as long-term or short-term capital gains. The brief facts are as follows:2. The appellant (the assessee) and his wife had booked an apartment vide an application dated 31.07.2004, by payment of a booking amount of ...


Mar 14 2014

Ashok @ Lala Vs. State

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL.A. No.471/2003 Date of Decision:14. h March, 2014 + # ! CHARAN SINGH .....Appellant Through: Mr. Ajay Verma, Advocate versus $ STATE ..... Respondent Through: Mr. Sanjay Lao, APP AND % # ! CRL.A.No.555/2003 ASHOK @ LALA .....Appellant Through: Ms. Saahila Lamba, Advocate versus $ STATE ..... Respondent Through: Mr. Sanjay Lao, APP AND % # ! CRL.A. No.781/2003 RADHEY SHYAM .....Appellant Through: Mr. Aman Nandrajog, Advocate versus $ THE STATE .....Respondent Through: Mr. Sanjay Lao, APP * CORAM HON'BLE MR. JUSTICE P.K.BHASIN HON'BLE MR. JUSTICE V.P. VAISH JUDGMENT P.K. BHASIN, J: By way of these appeals the three appellants have assailed the judgment dated 22nd April, 2003 passed by the learned Additional Sessions Judge holding all of them guilty of committing murder of one Raj Bansi on 17th May, 1999 as well as the order dated 14th May, 2003 whereby they have been directed to undergo imprisonment for life and also to pay a fine of Rs. 5,...


Mar 14 2014

New India Assurance Co Ltd. Vs. Manmaya and ors

Court: Delhi

Decided on: Mar-14-2014

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:14. h March, 2014 % + MAC.APP. 714/2011 NEW INDIA ASSURANCE CO LTD. ..... Appellant Represented by: Ms. Neerja Sachdeva, Adv. versus MANMAYA & ORS ..... Respondents Represented by: Mr. S.N. Parashar, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal has been preferred against the impugned award dated 07.05.2011 whereby in the Claim Petition filed under Section 163-A of Motor Vehicles Act, 1988, Ld. Tribunal has awarded compensation as under:1.2. 3.4. 5. Loss of dependency Loss of Love and Affection Loss of Consortium Loss of Estate Towards funeral expenses Total : Rs. 4,62,000/: Rs.50,000/: Rs.10,000/: Rs.10,000/: Rs.10,000/: Rs.5,42,000/- Interest @ 7.5% per annum in the compensation amount was also awarded from the date of filing of the claim petition till realization of the award amount.2. Ld. Counsel appearing on behalf of the appellant submits that claimant had filed a Claim P...


Mar 14 2014

M/S Dewan Chand Ram Chandra Industries P. Ltd. Vs. Union of India

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.597/1996 Reserved on:3. d January, 2014 Date of Decision:14. h March, 2014 % M/S DEWAN CHAND RAM CHANDRA INDUSTRIES P. LTD. ....Petitioner Through Mr. Rabindra Kapoor, Advoctae. Versus UNION OF INDIA Through Respondent Mr. Sanjeev Sabharwal, Sr. Standing Counsel. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.Petitioner is a company with limited liability. Petitioner responded to the tenders floated by Oil and Natural Gas Commission (ONGC) and on acceptance, was awarded contracts for deployment of work over rigs and other auxiliary operation services in the oil fields in the western region. Three identical contracts were executed by the petitioner with ONGC under the heading Charter Hiring of one work over rig.2. The petitioner with prior approval of Government of India entered into a loan agreement with State Bank of India, Singapore to avail of a foreign currency loan o...


Mar 14 2014

Charan Singh Vs. State

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL.A. No.471/2003 Date of Decision:14. h March, 2014 + # ! CHARAN SINGH .....Appellant Through: Mr. Ajay Verma, Advocate versus $ STATE ..... Respondent Through: Mr. Sanjay Lao, APP AND % # ! CRL.A.No.555/2003 ASHOK @ LALA .....Appellant Through: Ms. Saahila Lamba, Advocate versus $ STATE ..... Respondent Through: Mr. Sanjay Lao, APP AND % # ! CRL.A. No.781/2003 RADHEY SHYAM .....Appellant Through: Mr. Aman Nandrajog, Advocate versus $ THE STATE .....Respondent Through: Mr. Sanjay Lao, APP * CORAM HON'BLE MR. JUSTICE P.K.BHASIN HON'BLE MR. JUSTICE V.P. VAISH JUDGMENT P.K. BHASIN, J: By way of these appeals the three appellants have assailed the judgment dated 22nd April, 2003 passed by the learned Additional Sessions Judge holding all of them guilty of committing murder of one Raj Bansi on 17th May, 1999 as well as the order dated 14th May, 2003 whereby they have been directed to undergo imprisonment for life and also to pay a fine of Rs. 5,...


Mar 14 2014

Raghubir Saran Charitable Trust Vs. Standard Charterd Grindlays Bank a ...

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: February 17, 2014 Judgment Delivered on: March 14, 2014 % + RFA3192005 STANDARD CHARTERED BANK ..... Appellant Represented by: Mr.Sumit Bansal and Ms.Richa Oberoi, Advocates versus RAGHUBIR SARAN CHARITABLE TRUST ..... Respondent Represented by: Mr.T.K.Ganju, Senior Advocate instructed by Mr.Ranvir Singh and Mr.Robin Raju, Advocates RFA(OS) 105/2013 RAGHUBIR SARAN CHARITABLE TRUST ..... Appellant Represented by: Mr.T.K.Ganju, Senior Advocate instructed by Mr.Ranvir Singh and Mr.Robin Raju, Advocates versus STANDARD CHARTERED GRINDLAYS BANK & ANR. ..... Respondents Represented by: Mr.Sumit Bansal and Ms.Richa Oberoi, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. Raghubir Saran Charitable Trust (hereinafter referred to as the Trust) owned two properties bearing municipal No.6143, Block-E, Circus-D, Connaught Place, New Delhi and 6149 Block-E, Circus-D, Connaugh...


Mar 14 2014

ireo Pvt. Ltd. Vs. Genesis Infratech Pvt. Ltd

Court: Delhi

Decided on: Mar-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :16.09.2013 Decided on :14.03.2014 + IA No.19531/2012 in CS(OS)3156/2012 IREO PVT. LTD. Through .....Plaintiff Mr.Ajay Sahni, Ms.Kanika Bajaj and Ms.Shivangi Amrit, Advocates Versus GENESIS INFRATECH PVT. LTD. .....Defendant Through Mr.Chetan Sharma, Senior Advocate with Mr.Pramod Kumar Singh and Mr.Abhishek Ghai, Advocates CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.IA No.19531/2012 1. The Suit is filed seeking a decree of permanent injunction to restrain the defendant from offering for sale or dealing in real estate business under the impugned trade mark Genesis SKYON or any other trade mark which may be deceptively similar to the plaintiffs trade mark IREO SKYON. Other connected reliefs are also sought. The present application is filed for seeking an interim injunction to restrain the defendant from offering for sale, advertising or dealing in real estate business under the said impugned trade mark or using any trade ma...


Mar 14 2014

M/S Flowil International Lighting (Holding) B.V.(N Vs. M/S Digital Gad ...

Court: Delhi

Decided on: Mar-14-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:14. March, 2014 + CS(OS) 1391/2010 M/S FLOWIL INTERNATIONAL LIGHTING (HOLDING) B.V. (NETHERLANDS) AND ANR ..... Plaintiffs Through: Ms. Pratibha M. Singh, Mr. Sudeep Chatterjee and Mr. Ashwin Kumar, Advs. Versus M/S DIGITAL GADGETS AND ORS ..... Defendants Through: Mr. Nitin Bhatia, Adv. for D-3. Mr. Rajiv Virmani, Sr. Adv. with Ms. Sarojh Nagaraj, Adv. for D-5 Mr. Sai Krishna Rajagopal, Ms. Sneha Jain and Mr. Arjun Ranganathan, Advs.for proposed D-14. Mr. Mrinal Bharti, Adv. for proposed D-15. Mr. Abhinav Vashisht, Sr. Advocate with Mr. Anuj Malhotra, Mr. Gaurav Kothari, Ms. Suruchi Rungta for proposed D-16. Dr. Saif Mahmood, adv. for proposed D-18. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.12589/2012 (of the plaintiff u/O1 Rule 10 r/w Order 39 Rules 1&2 CPC).1. The two plaintiffs instituted the present suit, initially against eight defendants, for permanent injunction restraining infringement of registered trademark...


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