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Delhi Court November 2016 Judgments

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Nov 04 2016

Union of India and Ors. Vs.amarendra Nath Mishra and Ors.

Court: Delhi

Decided on: Nov-04-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI $~4 * % + W.P. (C) 7821/2012 Judgment reserved on 21st October, 2016. Judgment pronounced on 4th November, 2016. UNION OF INDIA AND ORS. ........ Petitioners Through : Mr. Ruchir Mishra with Mr. Mukesh Kumar Tiwari, Mr. Sanjiv Kumar Saxena, Ms. Shubhi Mishra and Mr. Ramneek Mishra, Advocates versus AMARENDRA NATH MISHRA AND ORS. ........ RESPONDENTS Through : Mr. Vikas Singh, Senior Advocate with Ms. Deepeika Kalia and Mr. Kapish Seth, Advocates CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.1. Being aggrieved by the order of the Central Administrative Tribunal (hereinafter the Tribunal) in OA15862010, which was disposed on 05.12.2011 based upon a concession of the counsel for the petitioners herein that the matter was covered by the order of the Tribunal in Central Government SAG (S-29) Pensioners Association & Ors. v. Union of India & Ors., OA6552010 decided on 01.11.2011, the present writ petit...


Nov 04 2016

Krishan Khokar vs.c B I

Court: Delhi

Decided on: Nov-04-2016

*IN THE HIGH COURT OF DELHI AT NEW DELHI % + Reserved on :24. h October, 2016 Date of Decision:4. h November, 2016 Crl.M.A.No.15233/2016 in CRL.A. No.753/2013 KRISHAN KHOKAR ..... Appellant Through: Mr. Vikas Arora, Ms. Radhika Arora & Mr. Manish Sharma, Advocates. C B I versus ..... Respondent Through: Mr. R.S. Cheema, Senior Advocate (SPP) with Mr. D.P. Singh, Ms. Tarannum Cheema, Ms. Hiral Gupta, Mr. Manu Mishra, Mr. Harinder Bains, Advocates for CBI. Mr. H.S. Phoolka Senior Advocate with Ms. Kamna Vohra & Ms. Shilpa Dewan, Advocates for the Complainant. Mr.Gurbaksh Singh & Mr. Lakhmi Chand, Advocates for victim Jagsher Singh. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE P.S.TEJI JUDGMENT Crl.M.A.No.15233/2016 in CRL.A.No.753/2013 For orders, see Crl.A.No.715/2013. GITA MITTAL, J NOVEMBER04 2016/aj P.S.TEJI, J...


Nov 04 2016

Rajesh Kumar Pandey vs.uco Bank and Ors

Court: Delhi

Decided on: Nov-04-2016

$~26. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10469/2016 and CM APPL. 41064-41065/2016 1. RAJESH KUMAR PANDEY ........ Petitioner Through: Mr. Bankim Kulshreshtha, Advocate versus UCO BANK AND ORS Through: None ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % The petitioner has assailed an order dated 25.10.2016 passed by the ORDER0411.2016 DRT III, dismissing an application filed by him for continuing the status quo order dated 18.04.2016 passed in T.A. 123/2002 and for granting status quo in respect of his immovable property, till the final disposal of the applications pending before the said Forum.2. It has been enquired from learned counsel for the petitioner as to whether the impugned order is assailable before the DRAT under the Statute, to which the reply is in the affirmative. Counsel for the petitioner however states that the petitioner is not in a financial position to pay 75% of the amount of the Recovery Certificate, to approach the DRAT.3. It is per...


Nov 04 2016

Hyacintia Real Estate Developers Private Limited vs.dlf Real Estate Bu ...

Court: Delhi

Decided on: Nov-04-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI CO. APPL. (M) 156/2016 IN THE MATTER OF: HYACINTIA REAL ESTATE DEVELOPERS PRIVATE LIMITED Applicant No.1 / Transferor Company No.1 AND KAVICON PARTNERS LIMITED Applicant No.2 / Transferor Company No.2 AND SEABERI BUILDERS & DEVELOPERS PRIVATE LIMITED Applicant No.3 / Transferor Company No.3 AND SAHASTRAJIT BUILDERS & DEVELOPERS PRIVATE LIMITED ..........Applicant No.4/ Transferor Company No.4 AND THALIA INFRATECH PRIVATE LIMITED .... Applicant No.5/Transferor Company No.5 AND TURAN INFRATECH PRIVATE LIMITED .... Applicant No.6/Transferor Company No.6 DLF REAL ESTATE BUILDERS LIMITED Applicant No.7 / Transferee Company WITH CO.APPL.(M) 156/2016 Page 1 of 7 Through: Mr. Naveen Dahiya and Ms. Manisha Chaudhary, Advocates for the Applicants CORAM: HONBLE MR. JUSTICE SIDDHARTH MRIDUL ORDER0411.2016 1. This is a first motion application filed jointly under Section 391 to 394 of the Companies Act, 1956 in connection with the scheme of amalgamation o...


Nov 04 2016

M/S. Zillion Infraprojects Pvt. Ltd. Vs.gessat Pascal & Ors.

Court: Delhi

Decided on: Nov-04-2016

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CONT.CAS(C) 1095/2016 & C.M.Nos.36354-36355/2016 M/S. ZILLION INFRAPROJECTS PVT. LTD. ........ Petitioner Through Mr. Rakesh Tiku, Sr. Advocate with Mr. Naveen N.Sharma, Advocate. versus GESSAT PASCAL & ORS. ........ RESPONDENTS Through Mr. Amit Chadha, Sr. Advocate with Mr. Akhil Anand and Ms. Avlokita Rajvi, Advocates. Reserved on Date of Decision :07. h October, 20 04th November, 2016 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:1. Present contempt petition has been filed alleging wilful disobedience of the order dated 23rd September, 2015 passed in FAO(OS)(Comm.) No.83/2016 whereby respondents were restrained from invoking any of the seven bank guarantees.2. Subsequently, vide order dated 27th September, 2016 the aforesaid FAO(OS)(Comm.) No.83/2016 was disposed of by the Division Bench holding that since two of the seven bank guarantees were conditional, it would be open for the Court to decide whether the said two bank g...


Nov 04 2016

Banwari Lal (D) by Lrs. And Anr. Vs.balbir Singh

Court: Delhi

Decided on: Nov-04-2016

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.100/2008 4th November, 2016 BANWARI LAL (D) BY LRS. AND ANR. ..... Appellants Mr. Vivek B. Saharya, Advocate with Mr. Viresh B. Saharya, Advocate. Through: versus BALBIR SINGH ..... Respondent Through: Mr. Santosh Kumar, Advocate with Mr. Rajiv Ranjan Mishra, 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 under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit against the Judgment of the First Appellate Court dated 4.2.2008 whereby the first appellate court decreed the suit for declaration and injunction filed by the respondent/plaintiff with respect to claim of ownership and possession of the suit property being plot nos.5,6 and 7 out of Rectangle no.42, Kila 5/1, situated in the area of village Karawal Nagar in the abadi of Prem Nagar Extension, Illaqa Shahdara, Delhi. The first appellate ...


Nov 04 2016

Mohd Moiz vs.state (Gnct of Delhi)

Court: Delhi

Decided on: Nov-04-2016

$~18. * + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:04. 11.2016 BAIL APPLN. 2207/2016 MOHD MOIZ Through: Mr. S.C. Singhal, Advocate a/w petitioner in person ........ Petitioner versus STATE (GNCT OF DELHI) Through: Mr. Ashish Dutta, APP with ASI ..... Respondent Usha Rawat, PS Hauz Khas Mr. Sudarshan Rajan and Mr. Arjun Gadhoke, Adv for R-2/complainant a/w the complainant CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(OPEN COURT) 1. The petitioner has preferred the present bail application to seek regular bail under Section 439 Cr.P.C. in case FIR No.623/2016 dated 17.08.2016 registered under Sections 376/506/328 IPC at police station Hauz Khas, New Delhi.2. The petitioner is in custody since 19.08.2016. The charge-sheet stands filed. The aforesaid case has been registered on the statement of the prosecutrix in which she has alleged that the petitioner accused was working BAIL APPLN. 2207/2016 Page 1 of 7 in the same company where she is working. According to...


Nov 04 2016

Flamagas, Sa vs.sunder & Ors

Court: Delhi

Decided on: Nov-04-2016

$~19. * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS (COMM) 896/2016 FLAMAGAS, SA Judgment dated 4th November, 2016 ..... Plaintiff Through : Ms.Kaustubh Sinha, Adv. versus SUNDER & ORS ..... Defendants Through : None CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Plaintiff has filed the present suit for permanent injunction restraining infringement of trademark, copyright, passing off, rendition of accounts, etc.2. It may be noticed that the present suit was registered as a Commercial suit vide order dated 20.7.2016.3. Learned counsel for the plaintiff submits that summons in the suit and notice in the application for stay were directed to be issued vide order dated 29.6.2015, when an ex parte ad interim injunction order was granted in favour of the plaintiff and against the defendants. Counsel for defendant no.1 had entered appearance on 11.8.2015. Since none appeared on behalf of defendant no.6 despite service, he was proceeded ex parte vide order dated 11.8.2015....


Nov 04 2016

Deeviya Khanna vs.state

Court: Delhi

Decided on: Nov-04-2016

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : NOVEMBER04 2016 CRL M.C.4103/2016 & Crl.M.A.17188/2016 DEEVIYA KHANNA ........ Petitioner Through : Mr.Varun Chandiok with Mr.Taron Chandiok, Advocate. versus STATE CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Mr.M.S.Oberoi, APP. SI Randeep, PS Prashant Vihar. ..... Respondent + S.P.GARG, J.(ORAL) 1. Present petition under Section 482 Cr.P.C. has been preferred by the petitioner seeking directions to the respondent/State to trace out the whereabouts of the accused persons charge-sheeted in case FIR No.188/2009 under Section 498-A/4IPC registered at Police Station Prashant Vihar.2. I have heard the learned counsel for the petitioner and have examined the file. Undisputedly, FIR No.188/2009 was lodged at Police Station Prashant Vihar. Charge-sheet has since been filed. The accused persons have not put appearance therein. Compromise Deed dated Crl.M.C.4103/2016 Page 1 of 2 1.11.2011 (Annexure P-2) is on record whereby the parties ...


Nov 04 2016

M/S Dewan Chand & Co. Pvt. Ltd. Vs.the Central Board of Trustee and An ...

Court: Delhi

Decided on: Nov-04-2016

$~57 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:4. h November, 2016 W.P.(C) 10346/2016 & CM Nos.40689-92/2016 M/S DEWAN CHAND & CO PVT LTD. ........ Petitioner Through: Mr. P.P. Khurana, Senior Advocate with Mr. Kailash Pandey and Mr. Ranjeet Singh, Advocates. Versus THE CENTRAL BOARD OF TRUSTEE AND ANR......Respondents Through: Mr. R.C. Chawla, Advocate for Respondent No.2. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) CM Nos.40691-92/2016 (for exemption) Allowed, subject to all just exceptions. The applications are disposed At request of the learned counsel for the parties, the writ petition is 1. off. W.P.(C) 10346/2016 & CM Nos.40689/2016 & 40690/2016 2. taken up for final disposal.3. The petitioner is aggrieved by the dismissal of his appeal ATA No.36(16)2016 by the Employees Provident Funds Appellate Tribunal (EPF Appellate Tribunal) because of non-payment of the pre-deposit of 40% of W.P.(C) No.10346/2016 Page 1 of 7 the amount assessed by th...


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