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Delhi Court May 2015 Judgments

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May 11 2015

Nalin Kumar Vasudevbhai Sompura Vs. State of Delhi and Anr.

Court: Delhi

Decided on: May-11-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 11, 2015 (i) + CRL.M.C. 2815/2012 & Crl. M.A.No.14102/2012 ASHESH DEVENDRABHAI VYAS ..... Petitioner Through: Mr. A.R. Gupta, Mr. Aaditya Gupta & Mr. Vikrant Arora, Advocates versus STATE OF DELHI & ANR. Through: (ii) + ..... Respondents Mr. Sudhir Nandrajog, Senior Advocate with Mr. Mohit Mathur, Mr. Amish Dabas, Mr. Ujjwal K. Jha, Mr. Devender Dedha, Mr. Pankaj Verma, Mr. Pramadn N. Mathur & Ms. Vasudha Data, Advocates for respondent No.2 CRL.M.C. 2816/2012 &Crl. M.A.No.14104/2012 NALIN KUMAR VASUDEVBHAI SOMPURA ..... Petitioner Through: Mr. A.R. Gupta, Mr. Aaditya Gupta & Mr. Vikrant Arora, Advocates versus STATE OF DELHI & ANR. Through: Crl.M.C.Nos.2815/2012; 2816/2012; 2817/2012 2819/2012; 4395/2014 & 4396/2014 ..... Respondents Mr. Sudhir Nandrajog, Senior Advocate with Mr. Mohit Mathur, Mr. Amish Dabas, Mr. Ujjwal K. Jha, Mr. Devender Dedha, Mr. Pankaj Verma, Mr. Pramadn N. Mathur & Ms. Vasudha Data, Advocates for r...


May 11 2015

Srf Foundation and Anr Vs. Ram Education Trust

Court: Delhi

Decided on: May-11-2015

.* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:11. h May, 2015 % + I.A. No.12216/2014 in CS (OS) No.1980/2014 SRF FOUNDATION & ANR ..... Plaintiffs Through Ms.Anuradha Salhotra, Adv. with Mr.Sumit Wadhwa, Adv. versus RAM EDUCATION TRUST ..... Defendant Through Mr.N.K.Anand, Adv. with Ms.Vaishali Mittal & Mr.Siddhant Chamola, Advs. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By this order, I propose to decide the application being I.A. No.12216/2014 under Order XXXIX Rule 1 and 2 CPC filed by plaintiffs seeking interim injunction against the defendant restraining it from using mark/name SHRI RAM in respect of running the schools. The plaintiffs have filed a suit for permanent injunction, passing off, account of profits under the Trade Marks Act, 1999 (hereinafter referred to as the Act).2. The brief facts of the case as per plaint are : i) The plaintiff No.1 is a registered non-profit society engaged in several social and community development initia...


May 11 2015

Mcd Vs. Bharat Bhushan Jain

Court: Delhi

Decided on: May-11-2015

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 05.2015 W.P.(C) 1497/2012 & CM33112012 MCD ..... Petitioner versus BHARAT BHUSHAN JAIN ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr Ajay Arora with Mr Kapil Dutta. For the Respondent : Arvind Nigam, Sr. Advocate CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner corporation has filed the present petition impugning an order dated 13.02.2012 (hereafter the impugned order) passed by the District Judge, Delhi whereby the appeal filed by the petitioner corporation against an order dated 10.10.2011 passed by the Appellate Tribunal, MCD (hereafter the Tribunal) was dismissed. The Tribunal, by the order dated 10.10.2011, held that the building plans submitted by the respondent in respect of his property were deemed to have been sanctioned by the petitioner corporation in favour of the respondent with effect from 19.10.2010 as the petitioner corporation had failed to de...


May 11 2015

Manoj Kumar Agarwal Vs. C B I and Ors

Court: Delhi

Decided on: May-11-2015

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1351/2013 % Judgment pronounced on 11th May, 2015 MANOJ KUMAR AGARWAL ..... Petitioner Through: Mr.Pramod Kumar Dubey, Mr.Shri Singh, Ms.Shruti Srivastava, Mr.Shiv Pandey and Ms.Akansha Singh, Advs. versus C B I & ORS Through: ..... Respondents Mr.P.K. Sharma, standing counsel for CBI with Mr.Rakesh Kr. Sharma, Ms.Renu Malik and Ms.Soni Mehra, Advs. Ms.Karuna Chhatwal with Mr.J.Sukhija, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.1. By the present petition filed under Article 226 read with Article 227 of the Constitution of India, the petitioner seeks a direction to quash RC No.6(A)/2009 dated 15.12.2009 entitled CBI v. Manoj Kumar Agarwal under section 109 IPC and section 13(2) read with section 13(1)(e) of the Prevention of Corruption Act, 1988 and all the acts and proceedings emanating therefrom.2. The brief facts of the case are that the petitioner joined government service as an IAS Probationer on 2...


May 11 2015

Pancham Hotels Private Limited Vs. ...

Court: Delhi

Decided on: May-11-2015

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CO.PET. 554/2014 Reserved on :4. h March, 2015 Date of pronouncement:11. h May, 2015 PANCHAM HOTELS PRIVATE LIMITED ..... Petitioner Through Mr. Alok Kumar Kuchhal, Advocate. versus REGISTRAR OF COMPANIES ..... Respondent Through Ms. Aparna Mudiam, Asstt. ROC. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA SUDERSHAN KUMAR MISRA, J.1. This petition has been filed by Pancham Hotels Pvt. Ltd. (hereinafter called the petitioner) under Section 560(6) of the Companies Act, 1956 praying for restoration of its name in the register of companies maintained by the Registrar of Companies.2. The petitioner was incorporated with the Registrar of Companies, NCT of Delhi & Haryana (hereinafter called the respondent) as a company limited by shares on 18.06.1992 vide Certificate of Incorporation No.55-49222 of 1992-93with the object of carrying on the business, inter alia, of hotels, resorts and restaurants. Presently, the registered office of the petitio...


May 08 2015

Garima Chaudhary Vs. Union of India and Ors.

Court: Delhi

Decided on: May-08-2015

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4153/2015 & CM No.7533/2015 GARIMA CHAUDHARY ..... Petitioner Through: Mr. Rahul Mehra, Adv. versus % UNION OF INDIA & ORS. ..... Respondents Through: Mr Harsh Ahuja & Mr Abhishek Chaudhary, Advs. for R-1. Mr Anil Grover & Ms Divya Jain, Advs. with Mr Sudhir Jain, Project Officer for R-2. Ms Kiran Jai with Mr Sanjeev Narula, Advs. with Mr Manmohan Jaiswal, Gen. Secretary & Mr Rajan C.S., Secretary, for R-3. Mr Anil Kumar, Adv. for R-4. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER ORDER0805.2015 1. The matter has been taken up post lunch, at 2.45 p.m. Before I proceed, further, I may only note that typographical errors of inconsequential nature, have crept in order dated 07.05.2015 and the order passed today, in the pre-lunch session.2. Accordingly, the said orders will stand corrected as indicated hereafter. 2.1 The correction in order dated 07.05.2015 is in paragraphs 2 and 3. The correction ordered is both underlined and marked in...


May 08 2015

Virender Kumar Gupta Vs. Department of Excise (Gnct of Delhi) and Ors

Court: Delhi

Decided on: May-08-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:8. h May, 2015 % + LPA No.166/2015 & CM No.5395/2015 RESIDENTS WELFARE ASSOCIATION (REGD) ..... Appellant Through: Mr. Anshum Jain & Ms. Isha Agarwal, Adv. Versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through: Mrs. Zubeda Begum & Ms. Sana Ansari, Advs. for R-1. Mr. Arjun Pant, Adv. for R-2. Mr. Abhimanyu Garg, Adv. for R-4. Mr. Manish Garg, Adv. for R-3&5. Ms. M.T. Pandey & Mr. Ashutosh Kaushik, Advs. for DDA. + AND W.P.(C) No.4909/2013 VIRENDER KUMAR GUPTA ..... Petitioner Through: Mr. Yogesh Chhabra, Adv. Versus DEPARTMENT OF EXCISE (GNCT OF DELHI) & ORS. ..... Respondents Through: Mrs. Zubeda Begum & Ms. Sana Ansari, Advs. for R-1. Mr. Amiet Andlay, Adv. for R-2. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The common issue in both these proceedings, is the permissibility of a liquor vend in a Convenient Shopping Centre (CSC) within the meaning of the Master Plan of ...


May 08 2015

Residents Welfare Association (Regd) Vs. Govt of Nct of Delhi and Ors

Court: Delhi

Decided on: May-08-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:8. h May, 2015 % + LPA No.166/2015 & CM No.5395/2015 RESIDENTS WELFARE ASSOCIATION (REGD) ..... Appellant Through: Mr. Anshum Jain & Ms. Isha Agarwal, Adv. Versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through: Mrs. Zubeda Begum & Ms. Sana Ansari, Advs. for R-1. Mr. Arjun Pant, Adv. for R-2. Mr. Abhimanyu Garg, Adv. for R-4. Mr. Manish Garg, Adv. for R-3&5. Ms. M.T. Pandey & Mr. Ashutosh Kaushik, Advs. for DDA. + AND W.P.(C) No.4909/2013 VIRENDER KUMAR GUPTA ..... Petitioner Through: Mr. Yogesh Chhabra, Adv. Versus DEPARTMENT OF EXCISE (GNCT OF DELHI) & ORS. ..... Respondents Through: Mrs. Zubeda Begum & Ms. Sana Ansari, Advs. for R-1. Mr. Amiet Andlay, Adv. for R-2. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The common issue in both these proceedings, is the permissibility of a liquor vend in a Convenient Shopping Centre (CSC) within the meaning of the Master Plan of ...


May 08 2015

Apex Security and Detective Force Pvt. Ltd. Vs. Central Board of Trust ...

Court: Delhi

Decided on: May-08-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:11. h March, 2015 Date of Decision:08. h May,2015 % + W.P.(C) 2022/2011 APEX SECURITY AND DETECTIVE FORCE PVT. LTD. ..... Petitioner Through: Mr. S.P. Arora, Advocate. versus CENTRAL BOARD OF TRUSTEES, EPF ORGANISATION .....Respondent Through: Mr. Keshav Mohan with Ms. Amrita Narayan, Advocates. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH JUDGMENT1 By the present petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks quashing of the order dated 02.02.2011 passed by the Presiding Officer, Employees Provident Fund Appellate Tribunal (hereinafter referred to as the EPFAT), New Delhi in Appeal No.650(4)2004 whereby the appeal of the petitioner under Section 7-D read with Section 7-I of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the EPF Act) was dismissed by the EPAT. The petitioner also impugns the order dated 30.04.2004 passed by the respondent where...


May 08 2015

M/S. Devika Builders Pvt. Ltd. Vs. National Cooperative Consumers and ...

Court: Delhi

Decided on: May-08-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on May 01, 2015 Judgment delivered on May 08, 2015 + O.M.P. 215/2010 M/S. DEVIKA BUILDERS PVT. LTD. ..... Petitioner Through: Mr.Anil Kr.Aggawal, Adv. versus NATIONAL COOPERATIVE CONSUMERS AND ANR. ..... Respondents Through: Ms.Anju Bhattacharya, Adv. + O.M.P. 268/2010 NATIONAL COOPERATIVE CONSUMER FEDERATION OF INDIA LTD. ..... Petitioner Through: Ms.Anju Bhattacharya, Adv. versus M/S. DEVIKA BUILDERS PVT. LTD. ANR ANR. ....Respondents Through: Mr.Anil Kr.Aggawal, Adv. CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge in these two petitions is to an award dated January 22, 2010 of the learned Sole Arbitrator, whereby, the learned Sole Arbitrator has allowed some claims/counter claims of the petitioners herein and rejected the rest. The challenge by the petitioner in OMP2152010 is to the extent, claims were rejected. Similarly, the challenge by the petitioner in OMP2682010 is to the extent, the claim...


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