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Delhi Court July 2014 Judgments

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Jul 07 2014

Charanjeet Singh Rekhi and ors. Vs. Csr Poultry Research and Breading ...

Court: Delhi

Decided on: Jul-07-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:07. 07.2014 FAO(OS) 202/2013 & CM Nos.6127/2013, 13451/2013 & 1/2014 CHARANJEET SINGH REKHI ..... Appellant versus HARISH AHUJA & ORS. ..... Respondents AND + FAO(OS) 212/2013 & CM No.6449/2013 CHARANJEET SINGH REKHI ..... Appellant versus HARI MOHAN SHARMA & ORS. ..... Respondents AND + FAO(OS) 235/2013 & CM No.7325/2013 CHARANJEET SINGH REKHI & ORS. ..... Appellants versus CSR POULTRY RESEARCH & BREADING FARM & ORS. ..... Respondents Advocates who appeared in this case: For the Appellants : Ms Geeta Luthra, Sr. Advocate alongwith Mr Rajeev Kumar and Mr Harish Malik, in FAO(OS) 202/2013 & 212/2013. Mr M. Qayam-Ud-Din in FAO(OS) 235/2013 For the Respondents : Mr Parag P. Tripathi, Sr. Advocate alongwith Ms Neelima Tripathi, for R-1. Mr Anil Airi, Mr Hemant Manjani and Mr Pratyush Sharma, for R-2 & 3 in FAO(OS) 202/2013 Mr Suhail Dutt, Sr. Advocate alongwith Mr Anil Kapur, for R-1 & 3 Mr Anil Airi, Mr Hemant Manjani and Mr P...


Jul 07 2014

Charanjeet Singh Rekhi Vs. Hari Mohan Sharma and ors.

Court: Delhi

Decided on: Jul-07-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:07. 07.2014 FAO(OS) 202/2013 & CM Nos.6127/2013, 13451/2013 & 1/2014 CHARANJEET SINGH REKHI ..... Appellant versus HARISH AHUJA & ORS. ..... Respondents AND + FAO(OS) 212/2013 & CM No.6449/2013 CHARANJEET SINGH REKHI ..... Appellant versus HARI MOHAN SHARMA & ORS. ..... Respondents AND + FAO(OS) 235/2013 & CM No.7325/2013 CHARANJEET SINGH REKHI & ORS. ..... Appellants versus CSR POULTRY RESEARCH & BREADING FARM & ORS. ..... Respondents Advocates who appeared in this case: For the Appellants : Ms Geeta Luthra, Sr. Advocate alongwith Mr Rajeev Kumar and Mr Harish Malik, in FAO(OS) 202/2013 & 212/2013. Mr M. Qayam-Ud-Din in FAO(OS) 235/2013 For the Respondents : Mr Parag P. Tripathi, Sr. Advocate alongwith Ms Neelima Tripathi, for R-1. Mr Anil Airi, Mr Hemant Manjani and Mr Pratyush Sharma, for R-2 & 3 in FAO(OS) 202/2013 Mr Suhail Dutt, Sr. Advocate alongwith Mr Anil Kapur, for R-1 & 3 Mr Anil Airi, Mr Hemant Manjani and Mr P...


Jul 07 2014

Sh. Avikash Vs. Union of India and anr.

Court: Delhi

Decided on: Jul-07-2014

13 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5141/2013 & CM APPL. 11557/2013 SH. AVIKASH ..... Petitioner Through: Ms. Suman Kapoor, Advocate with petitioner in person. versus UNION OF INDIA & ANR. Through: None. % ..... Respondents Date of Decision :07. h July, 2014 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Despite a pass over, none has appeared for the respondents. Consequently, this Court has no other option, but to proceed ahead with the matter.2. It is pertinent to mention that the present writ petition has been filed seeking re-issuance of Passport in favour of the petitioner or in the alternative issuance of fresh Passport in favour of the petitioner.3. Admittedly, petitioner has lost his Passport thrice and the fourth time it has been returned in a damaged condition.4. Respondents in their counter affidavit have taken the stand that petitioner has failed to keep a valuable Government document safely. They have drawn this Courts attention t...


Jul 07 2014

Smt. Darshan Vs. Shri Raj Kumar and Others

Court: Delhi

Decided on: Jul-07-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % FAO5622003 7th July, 2014 SMT. DARSHAN Through: ......Appellants Mr. Israel Ali, Advocate. VERSUS SHRI RAJ KUMAR & OTHERS Through: ...... Respondents Mr. Ajit Kumar, Adv. for R-1. Mr. S.K.Singh, Adv. for R-5 & L.Rs. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal is filed under Section 299 of the Indian Succession Act, 1925 against the impugned judgment of the probate court below dated 14.7.2003 by which the probate petition filed by respondent no.1 herein (Sh. Raj Kumar) has been allowed. Probate has been granted for the Will dated 11.9.1973, Ex.PW2/1, executed by late Sh. Amolak Ram. Sh. Amolak Ram died on 14.6.1979.2. Sh. Amolak Ram had married twice. His first wife was Smt. Nainawanti who died in about 1940. Probate petition is filed by one son of Smt. Nainawanti, namely Sh. Raj Kumar, and who is supported by his two other real brothers who are the benefici...


Jul 04 2014

Man Singh Tusaria Vs. J M Financial Asset Reconstruction Co.Pvt.Ltd. a ...

Court: Delhi

Decided on: Jul-04-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. M.C. No.651/2012 Reserved on:25. h April, 2014 Date of Decision:4. h July, 2014 % MAN SINGH TUSARIA Through: ..... Petitioner Mr.Rakesh Saini, Adv. versus J M FINANCIAL ASSET RECONSTRUCTION CO.PVT. LTD. & ANR ..... Respondents Through: Mr.Sonal Jain, Adv. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH JUDGMENT1 By way of this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as Cr. P.C.), the petitioner seeks setting aside of order dated 10.01.2012 passed by learned Additional Sessions Judge, Dwarka Courts, New Delhi whereby the criminal revision filed by the respondent herein was allowed and it was ordered that the respondent No.1 be substituted in place of the complainant-UCO Bank (respondent No.2) before the Trial Court and further that respondent No.1 shall continue the proceedings of the complaint.2. Briefly stated, the facts of the case as borne out from the petition are that on 14.07.2005 the peti...


Jul 04 2014

J. P. Sharma Vs. State Bank of India and ors.

Court: Delhi

Decided on: Jul-04-2014

* THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:04. 07.2014 + W.P.(C) 12562/2009 J.P. SHARMA ..... Petitioner VERSUS STATE BANK OF INDIA & ORS. ..... Respondents ADVOCATES WHO APPEARED IN THIS CASE: For the Petitioner: Mr J.P. Sharma, petitioner in person. For the Respondents: Mr. Rajiv Kapur, Advocate. CORAM :HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 This is a sad case where the petitioner perhaps rightly feels aggrieved by the actions of the respondents in having been made to go through three disciplinary proceedings. The petitioner was served with the three chargesheets, two of which were dropped, and one culminated with the petitioner being issued an administrative warning.2. What is, however, not disputed before me by the petitioner, who appears in person, is that, the relief prayed for in the present writ petition, which essentially relates to regularization of a period of 720 days, and the consequent monetary benefits that ought to have flowed to him fo...


Jul 04 2014

The New India Assurance Co Ltd. Vs. Smt. Shweta and ors.

Court: Delhi

Decided on: Jul-04-2014

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:4. h July, 2014 % + MAC.APP. 549/2014 THE NEW INDIA ASSURANCE CO LTD. ..... Appellant Represented by: Mr.J.P.N.Shahi, Advocate. Versus SMT. SHWETA & ORS. ..... Respondents Represented by: None. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) CM No.10419/2014 (for exemption) Exemptions allowed, subject to all just exceptions. The application stands disposed of. MAC.APP. 549/2014 1. Vide the present appeal, the appellant/Insurance Company has assailed the impugned award dated 10.05.2014, whereby the learned Tribunal has awarded compensation for a sum of Rs.17,94,000/- with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization of the amount.2. Mr.Shahi, learned counsel appearing on behalf of the appellant/Insurance Company submits that the deceased was driving the vehicle himself when he met with the accident with offending vehicle. Despite, the learned Tribuna...


Jul 04 2014

Societe Des Produits Nestle, S.a and anr. Vs. Montu Sadhu and ors.

Court: Delhi

Decided on: Jul-04-2014

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3500/2012 Date of decision :4. h July, 2014 % SOCIETE DES PRODUITS NESTLE, S.A & ANR.... Plaintiffs Through : Mr.Manish K.Mishra and Ms. Kritika Seth, Advs. versus MONTU SADHU & ORS Through : None ..... Defendants CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.(Oral) 1. Present suit has been filed by the plaintiffs for permanent injunction restraining infringement of trademark, copyright, dilution, unfair competition, rendition of accounts of profits/damages and delivery up. Summons were issued in the suit on 19.12.2012, 21.01.2013, 23.04.2013, 13.11.2013, 25.03.2014 and on 30.05.2014. Service report is awaited. It may noticed that in this case while issuing summons in the suit a local commissioner was appointed. On the spot proceedings report filed by the local commissioner shows that a copy of the order was handed over to the defendants. In fact, the Election Commission cards of the defendant No.1 and defendant No.3 have ...


Jul 04 2014

M/S Bdr Builders and M/S Bdr Builders and Vs. Shri Shyam Lal Arora

Court: Delhi

Decided on: Jul-04-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:04. 07.2014 + CS(OS) 1042/2008 and CC132009 M/S BDR BUILDERS AND DEVELOPERS PVT. LTD Through ..... Plaintiff Mr. Harish Malhotra, Senior Advocate with Mr. Sanjay Goswami, Advocate versus SHRI SHYAM LAL ARORA ..... Defendant Through Dr.M.P. Raju and Ms. Mary Scaria, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The present suit is filed seeking a decree of specific performance of Agreement to Sell dated 28.10.2005 pertaining to property No.E-4, Kalkaji, New Delhi measuring 280 sq.yds. owned by the defendant. As per the Agreement to Sell the agreed sale/transfer price was `3.60 crores. An amount of `20 lacs was paid at the time of signing of the agreement by the plaintiff to the defendant. The Agreement further provided that an additional sum of `1.10 crores will be paid to the defendant on demand by the defendant or within two weeks of the date of signing of the Agreement, whichever occurs earlier. The balance s...


Jul 04 2014

Paramjit Singh Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Jul-04-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :13. h MAY, 2014 DECIDED ON :4. h JULY, 2014 + CRL.A.No.1215/2011 PARAMJIT SINGH Through : ..... Appellant Mr.Avadh Kaushik, Advocate. Versus STATE (NCT OF DELHI) Through : ..... Respondent Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The appellant Paramjit Singh challenges the legality and correctness of a judgment dated 02.09.2011 of learned Addl. Sessions Judge in Sessions Case No.21/08 arising out of FIR No.530/05 PS Prashant Vihar by which he was convicted under Sections 307/34 IPC. By an order dated 07.09.2011, he was awarded RI for three years with fine ` 5,000/-.2. Briefly stated, the prosecution case as unfolded in the charge- sheet during trial was that on 14.06.2005 at about 11.00 P.M. in DDA Shopping Complex, Near Petrol Pump, Sector 16, the appellant and his associate Padam Thapa (Proclaimed Offender) sharing common intention inflicted injuries to Murari Lal in an attempt to murder him. The vi...


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