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Delhi Court December 2016 Judgments

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Dec 22 2016

M/S Rx Infotech Pvt. Ltd vs.gopinath T. And Anr.

Court: Delhi

Decided on: Dec-22-2016

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 633/2016 M/S RX INFOTECH PVT. LTD. Through: Ms Gunjan Arora, Advocate. ..... Plaintiff versus GOPINATH T. AND ANR. Through ..... Defendants CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2212.2016 VIBHU BAKHRU, J1 The present suit has been filed by the plaintiff, inter alia, seeking a decree of permanent injunction restraining the defendants from directly or indirectly doing business in any goods and services under the trademark/ trade name LAPCARE or any other mark which is deceptively similar to the plaintiffs trademark LAPCARE. The plaintiff also prays for an order for rendition of accounts and a decree of `20,05,000/- towards damages against the defendants.2. This Court by an order dated 28.09.2012 granted an ex-parte ad interim injunction restraining the defendants from doing business, providing any service, manufacturing, selling, offering for sale, advertising, directly or indirectly doing business in any goods and servic...


Dec 21 2016

State (Nct of Delhi) vs.rajesh @ Gappu

Court: Delhi

Decided on: Dec-21-2016

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.L.P. 581/2016 & Crl.M.A.No.17056/2016 Judgment reserved on :7. h December, 2016 Date of decision :21. t December, 2016 Through: Ms.Aashaa Tiwari, APP for State. ........ Petitioner ..... Respondent versus STATE (NCT of Delhi) CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE ANU MALHOTRA RAJESH @ GAPPU Through: Nemo. JUDGMENT ANU MALHOTRA, J.Crl.M.A.No.17056/2016 1. Crl.L.P.No.581/2016 along with Crl.M.A.No.17056/2016 seeking condonation of 150 days delay in seeking leave to appeal was filed by the State on 21.10.2016. The State has sought to submit that in view of procedural delay the criminal leave petition seeking to assail the impugned judgment and order of sentence dated 04.02.2016 of the learned ASJ (FTC) North West, District Rohini in FIR No.1350/2015, P.S. Mangolpuri could not be filed in time. It was, inter alia, submitted through the Crl.M.A.No.17056/2016 that the decision to file the criminal leave petition seeking to ...


Dec 21 2016

Dusib and Anr. Vs.delhi (Slums) Sc/St Engineers Association and Ors.

Court: Delhi

Decided on: Dec-21-2016

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. 07.2016 Pronounced on:21. 12.2016 LPA6052013 DELHI URBAN SHELTER IMPROVEMENT BOARD AND ANR. Appellants Versus DELHI (SLUMS) SC/ST ENGINEERS ASSOCATION (REGD) AND ORS. ....Respondents Through: Ms. Jyoti Singh, Sr. Advocate with Sh. Pramod Gupta, Advocate, for petitioner in LPA2662013. Sh. Parvinder Chauhan, Advocate, DUSIB. Sh. R.R. Kishore, Advocate, for Respondent Nos. 2 to 6 in LPA2662013 and for Respondent Nos. 1 to 5 in LPA6052013. for CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA MR. JUSTICE S. RAVINDRA BHAT % LPA6052013 is allowed. For detailed judgment, the decision dated 21.12.2016 in LPA2662013 may be referred to. DECEMBER21 2016 S. RAVINDRA BHAT (JUDGE) DEEPA SHARMA (JUDGE) LPA6052013 Page 1...


Dec 21 2016

Mahanagar Telephone Nigam Ltd and Anr. Vs.c. Madhu

Court: Delhi

Decided on: Dec-21-2016

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11930/2016 Date of decision:21. t December, 2016 MAHANAGAR TELEPHONE NIGAM LTD AND ANR. Through Mr. Sarfaraz Khan and Mr. Saiful Islam, Advocates. ....... Petitioner versus Through C. MADHU CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA ..... Respondent SANJIV KHANNA, J.(ORAL) Learned counsel appearing for the Mahanagar Telephone Nigam Ltd. has drawn our attention to order dated 25th May, 2016 passed in W.P. (C) No.4757/2016, Mahanagar Telephone Nigam Ltd. and Anr. Vs. T.R.K.R. Kumhar and Ors. and submits that an order of remand was passed for a fresh decision in the original application.2. We are afraid and would record that there are distinct and striking dissimilarities and the argument fails to notice the distinguishing factors in the two cases. In T.R.K.R Kumhar (supra), the order of the Tribunal dated 5th May, 2014 was made subject matter of challenge in W.P. (C) No.6539/2015, which was dispos...


Dec 21 2016

Anup Sharma & Ors vs.nagendra Prasad Yadav

Court: Delhi

Decided on: Dec-21-2016

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 773/2013 ANUP SHARMA & ORS Reserved on:15. 12.2016 Decided on:21. 12.2016 ..... Plaintiffs Through: Mr. Sudhir Kumar Sharma, Advocate. versus NAGENDRA PRASAD YADAV ..... Defendant Through: Ms. M.C. Dhingra, Advocate along with Mr. Shahid Anwar, Advocate. Mr. Nagendra Prasad Yadav in person. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT I.A. 2588/2016 (Order 9 Rule 13 read with Section 151 CPC for setting aside the Ex-parte decree and order dated 21.05.2014) and I.A. 2590/2016 (for condonatation of delay in restoration of appeal) 1. In this case, an ex parte judgment and order was passed by this Court on 21.05.2014, whereby the suit for specific performance of the plaintiffs was decreed.2. The said order has been challenged by the defendant by filing the present application. It is submitted that he had never executed any CS(OS) No.773/2013 Page 1 vakalatnama in favour of Shri R.K. Singh and never authorized him to appear on his beh...


Dec 21 2016

Saroj Bala Sapra & Ors. Vs.amar Preet Singh Chadha & Anr.

Court: Delhi

Decided on: Dec-21-2016

* HIGH COURT OF DELHI AT NEW DELHI + RC. Revision No.504/2015 & CM APPL.20171/2015 Reserved on:27. h November, 2015 Pronounced on:21. t December, 2015 SAROJ BALA SAPRA & ORS. ... Petitioners Through: Mr. R. S.Sharma, Advocate. Versus AMAR PREET SINGH CHADHA & ANR. ... RESPONDENTS Through: Mr. Praveen Kumar Singh, Advocate with Mr. Rajeev Gupta, Advocate CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. This is a revision petition filed by the petitioners against the order dated 19.05.2015 passed by the learned Additional Rent Controller, (Central), Tis Hazari Courts, Delhi in an Eviction Petition No.E- 1titled Amar Preet Singh Chadha & Anr. v. Smt. Saroj Bala Sapra & Ors. by virtue of which the leave to defend application of the petitioners-tenants has been rejected and an order of eviction was passed.2. Briefly, stated the facts of the case are that the respondents- landlords are claiming themselves to be the owner of property RC. Rev. No.504/2015 Page 1 of 10 bearing No.18-B/3, D...


Dec 21 2016

Oxbridge Associates Limited vs.mr Atul Kumra

Court: Delhi

Decided on: Dec-21-2016

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 3148/2015 Decided on:21. 12.2016 OXBRIDGE ASSOCIATES LIMITED ..... Plaintiff Through: Mr. Jayant Mehta, Advocate along with Mr. Sumeet Lall and Ms. Ashmi Mohan, Advocates. MR ATUL KUMRA versus ..... Defendant Through: Mr. S.K. Singh, Advocate along with Mr. Abhishekh Sharma, Advocate. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA I.A. No.487/2016 (under Order XXXVIII Rule 5 read with Section 151 of the Code of Civil Procedure) JUDGMENT1 The present suit has been filed for recovery of a sum of `1,55,46,586.62/- along with the pendete lite and future interest against the defendant. It is not in dispute that the plaintiff had placed two purchase orders Nos.205 and 213 with the defendant and as per these orders the defendant raised performa invoices and one of the conditions was to make pre-payment and accordingly, the plaintiff had made the payment against the performa invoices for purchase order Nos.205 and 213.2. The contentions of the plai...


Dec 21 2016

Ravi vs.state

Court: Delhi

Decided on: Dec-21-2016

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : DECEMBER21 2016 CRL.REV.P. 185/2016 & Crl.M.A.3933/2016 RAVI STATE Through : None. versus ........ Petitioner ..... Respondent CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Mr.Akshai Malik, APP. SI Manish Chaudhary, PS Shahdara. + S.P.GARG, J.(ORAL) 1. Present petition has been preferred by the petitioner-Ravi to challenge the legality and correctness of judgment dated 27.07.2015 of learned Additional Sessions Judge in Crl.A.No.20/2015 by which the conviction and sentence awarded by the Trial Court vide orders dated 2.3.2015 in FIR No.327/2014 registered at Police Station Shahdara were endorsed. Status report is on record.2. I have examined the file. The petitioner along with co-accused Rihan was convicted by the learned Metropolitan Magistrate on their plea of guilt. The petitioner challenged the conviction and sentence in appeal, which resulted in its dismissal vide judgment dated 27.07.2015. It is relevant to note that co-c...


Dec 21 2016

Nisha Priya Bhatia vs.state Nct of Delhi & Ors.

Court: Delhi

Decided on: Dec-21-2016

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:21. t December, 2016 CRL.M.C. 1901/2016 NISHA PRIYA BHATIA ........ Petitioner Represented by: In person. versus STATE NCT OF DELHI & ORS. ........ RESPONDENTS Represented by: Mr. Amit Ahlawat, APP. Mr. Sanjay Jain, ASG with Mr. Anil Soni, CGSC, Ms. Shreya Sinha, Advs. for R-2 and R-3. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. By the present petition, the petitioner, who appears in person, seeks quashing of FIR No.156/2009 under Sections 451/323/268/427 IPC registered at PS Sector 18, Gurgaon on the complaint of N. Sadanandan, Under Secretary in the Cabinet Secretariat, Govt. of India. The petitioner seeks quashing of this FIR on multiple grounds i.e. that the contents of the FIR do not disclose commission of cognizable offences hence no FIR could be registered by the police, the allegations are mala fide and yet another attempt to harass the petitioner as part of the long drawn harassment being caused to he...


Dec 21 2016

Commissioner of Income Tax Delhi Iv vs.dlf Universal Ltd.

Court: Delhi

Decided on: Dec-21-2016

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:18. 10.2016 PRONOUNCED ON:21. 12.2016 ITA159& 326/2010 COMMISSIONER OF INCOME TAX DELHI IV..... Appellant Through: Mr. Dileep Shivpuri, Sr. Standing Counsel with Mr. Sanjay Kumar, Jr. Standing Counsel and Mr. Vikrant A. Maheshwari, Advocates, in both appeals. versus DLF UNIVERSAL LTD. ..... Respondent Through: Mr. Ajay Vohra, Sr. Advocate with Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates, in both appeals. CORAM: MR. JUSTICE S. RAVINDRA BHAT MS. JUSTICE DEEPA SHARMA S.RAVINDRA BHAT, J.1. The questions of law framed in these two appeals are as follows: Whether the Income Tax Appellate Tribunal was correct in law in setting aside the Commissioner of Income Tax (Appeals) order wherein it was held that the method of accounting followed by the assessee in the past and accepted in earlier assessment years is such that correct income cannot be properly detected from the accounts and the Assessing Officer was justified in invok...


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