Delhi Court August 2016 Judgments
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Dr. Shaily Mishra Vs. Anurag Mittal
Court: Delhi
Decided on: Aug-10-2016
Pradeep Nandrajog, J. MAT.APP (F.C.) 94/2015 and CM Nos.14631/2015, 5283/2016, 24534/2016, 24535/2016 1. We had heard arguments on August 08, 2016, in the appeal as also in the four above captioned applications. The respondent had appeared in person and made submissions. The respondent had also handed over written submissions which were taken on record. 2. We note the admitted facts. 3. The respondent was married to one Rachna Mittal (Aggarwal). Whereas the respondent filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, Rachna Mittal filed a petition seeking annulment of the marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955. By a common judgment and decree dated August 31, 2009, whereas petition for restitution of conjugal rights filed by the respondent was dismissed, the petition seeking annulment of marriage by Rachna Mittal was allowed. 4. The respondent filed two appeals in this Court registered as Mat.App. No.119/2009 ...
Food Planet Pvt Ltd and Another Vs. Union of India and Others
Court: Delhi
Decided on: Aug-10-2016
Badar Durrez Ahmed, J. (Oral) 1. This petition pertains to the Notice Inviting Tender (NIT) for the setting up, operation and management of Food Plazas at railway stations across the country. The present petition is only concerned with the bids for the food plaza at Andheri. The Notice Inviting Tender was issued in February, 2016. The bids were to consist of two packets Packet A andPacket B . Packet A was to consist of the technical bid and other conditions as laid down in the bid document and packet B was to consist ofthe financial bid as per the conditions laid down in the subject bid document. The petitioner No.1, amongst others, participated in the said tender. The petitioner No.1 is aggrieved by the fact that its bid was rejected on the ground that it did not fulfil the technical requirements. Therefore, packet B of the petitioner No.1, which consisted of the financial bid, was returned to the petitioner No.1 unopened along with the EMD. 2. A copy of the minutes of the Tender Comm...
The State Trading Corporation of India Ltd. Vs. Helm Dungemittel Gmbh ...
Court: Delhi
Decided on: Aug-10-2016
Vibhu Bakhru, J. 1. State Trading Corporation of India Ltd. (hereafter STC ) has filedthe present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') for setting aside the award dated 29.04.2016 (hereafter the impugned award ) passed by the Arbitral Tribunal (bymajority). The Arbitral Tribunal was constituted by Justice A.P. Shah (Retd.), Justice B.A. Khan (Retd.) and Justice Devinder Gupta (Retd.) (presiding). The impugned award was made by Justice Devinder Gupta (Retd.) and Justice A.P. Shah (Retd.); Justice B.A. Khan (Retd.) passed a dissenting award dated 07.04.2016. 2. The Arbitral Tribunal considered the disputes that had arisen between STC and Helm Dungemittel GmbH (hereafter HDG ) - acompany incorporated in Germany - in respect of a contract dated 01.10.2008, entered into between the said parties for sale and purchase of bulk prilled/granular Urea CFR India. By the impugned award, the Arbitral Tribunal, inter alia, held that HDG was ent...
Zulfiquar Hussain Vs. Government of NCT of Delhi
Court: Delhi
Decided on: Aug-10-2016
G. Rohini, C.J. 1. The present writ petition has been filed as a public interest litigation seeking issuance of directions to Ministry of Environment, Government of NCT of Delhi-Respondent to take steps under the provisions of Environment (Protection) Act, 1986 and other relevant Acts to prohibit the manufacture, use, sale and purchase of synthetic manja/nylon kite thread and all similar synthetic threads used in kite flying and to enforce the prohibition throughout Delhi. The contention is that the thread used for flying of kites which is made of nylon or synthetic material and other toxic materials, often referred to as Chinese manja though it has nothing to do with China, being razor sharp is very dangerous and is capable of causing severe injuries to birds and humans. 2. Few incidents reported in various newspapers, have been mentioned in the writ petition which are as follows : a twenty year old man was killed in Gokulpuri locality of East Delhi when his throat was slit by nylon/s...
Monish Gujral and Others Vs. M/s Best Food and Another
Court: Delhi
Decided on: Aug-09-2016
1. Monish Gujral, Rupa Gujral, Ashim Gujral and Moti Mahal Delux Management Services Pvt. Ltd., Plaintiff Nos. 1 to 4 respectively, have filed the present suit against M/s. Best Food and Mr. Vinay Garg, Defendant Nos. 1 and 2 respectively, praying for a permanent injunction and damages for infringement of trademark, passing off and unfair competition. 2. The Plaintiffs state that they are the registered proprietors of the wellknown trademarks MOTI MAHAL and MOTI MAHAL Formative marks which are registered in India and in many jurisdictions across the world. Plaintiff No. 4 is stated to be running a chain of Moti Mahal restaurants. 3. It is stated that the Defendants were ex-franchisees of the Plaintiffs and were into the business of providing hospitality services. The grievance of the Plaintiffs is that the Defendants continued to carry their operations under the said trademark MOTI MAHAL Delux Tandoori Trail despite the franchisee agreement having being terminated on 25th February 2015...
Lachi Ram Sharma Vs. Kendriya Vidayalaya Sangathan and Others
Court: Delhi
Decided on: Aug-09-2016
G.S. Sistani, J. (Oral) 1. Challenge in this writ petition is to the order passed by the Central Administrative Tribunal (in short the Tribunal) order dated 13.09.2006 in OA No. 1200/2005. 2. The petitioner was appointed as a Peon in Kendriya Vidyalaya, Udhampur (JandK) on 10.12.1986. He was confirmed in the year 1988 and later transferred to Delhi and posted at Kendriya Vidayalaya, NTPC, Badarpur. A charge sheet was issued to the petitioner on 13.10.1998 alleging that the petitioner had submitted a fake transfer certificate bearing No.36205 showing a false date of birth and education qualification, in the absence whereof, the petitioner would not be entitled to his post. An Inquiry Officer was appointed. During the pendency of the inquiry various objections were raised by the petitioner including the objection of bias was also raised. In the absence of the defence witness or documents, the charge was proved against the petitioner. A penalty order of termination of the services of the ...
Anshu Mendiratta and Others Vs. The State
Court: Delhi
Decided on: Aug-09-2016
P.S. Teji, J. 1. As all these petitions have been filed in the same FIR No.198/2013, under Section 288/336 IPC, Police Station Mianwali Nagar, against the order on charge dated 11.01.2016 and against the common order dated 25.02.2016 passed by the revisional court, therefore, all these petitions are decided together. 2. The present petitions have been filed by the petitioners, under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as Cr.P.C.) for setting aside the order on charge dated 11.01.2016 passed by the learned Metropolitan Magistrate whereby charges under Section 288/336 IPC and alternate charge under Section 427 IPC had been ordered to be framed against the accused persons and also the order dated 25.02.2016 passed by the learned Additional Sessions Judge whereby the revision petitions filed by the petitioners were dismissed. 3. The facts in brief are that the FIR of the instant case was registered on the basis of complaint made by Sh.Deepa...
M/s. Ssangyong Engineering and Construction Co. Ltd. Vs. National High ...
Court: Delhi
Decided on: Aug-09-2016
Vibhu Bakhru, J. IA No.9572/2016 1. Allowed, subject to all just exceptions. O.M.P. (COMM) 375/2016 2. The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the Act ) impugning theArbitral Award (by majority) dated 02.05.2016 (hereinafter referred to as the impugned award ). 3. The respondent (NHAI) invited tenders for construction of Highway Contract being Four-Lane of Jhansi-Lakhanadon Section between km. 297 to km. 351 of NH-26 in the state of Madhya Pradesh. The petitioner submitted its bid in response to the invitation to tender on 27.10.2005. This was accepted on 30.12.2005 and the contract between the parties was signed on 12.04.2006. NHAI issued the notice to commence work on 28.04.2006 and the petitioner commenced work on 28.05.2006. 4. The dispute involves between the parties relate to the calculation of the price adjustment as per Sub-clause 70.3 of the Agreement between the parties Conditions of Particular ...
Kapil Sachdev Vs. Shibani Das Gupta and Others
Court: Delhi
Decided on: Aug-09-2016
Valmiki J. Mehta, J. (Oral) C.M. Appl. No. 15614/2016 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. RSA No.61/2016 and C.M. Appl. No. 15613/2016 1. Affidavit filed on behalf of the appellant in terms of Order dated 2.8.2016 is accepted. 2. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed against the concurrent Judgments of the courts below; of the Trial Court dated 26.8.2014 and the First Appellate Court dated 21.8.2015; by which the courts below have dismissed the suit without trial on the admitted facts, inasmuch as, the two causes of action for the entitlement of the reliefs claimed by the plaintiff with respect to the suit property being the second floor of B-20, Geetanjali Enclave, New Delhi, were found to be baseless. 3. As per the case of the appellant/plaintiff in the plaint, he entered into a Collaboration Agreement with the original owner of the suit property Sh. Jyotirmoy...
Arvind Sharma Vs. The State N.C.T of Delhi and Another
Court: Delhi
Decided on: Aug-09-2016
P.S. Teji, J. 1. By this petition filed under Section 439 of Cr. P.C., the petitioner seeks bail in a case registered as FIR No. 232/2015 under Section 498-A/304-B/34 of Indian Penal Code, at Police Station Begumpur, Delhi. 2. The facts of this case, in brief, are that on the fateful day of 26.02.2015, a DD No.4-A at about 3.28 AM was received and the daughter of the complainant was lying in the bedroom attached with the bathroom. The head side of the dead body was towards the bedroom and the leg side was towards the bathroom. A green color chunni having a knot and the bolt of the inner side of the door of the bathroom was broken and was found lying in the bathroom. The husband and mother-in-law of the deceased were present at the spot upon inquiry from them, it was revealed that the marriage of the deceased was held on 15.12.14. Thereafter SDM was called and crime team of the outer district was intimated. The SDM and Inspector/SHO and Crime Team inspected the dead body and site. Chunn...
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