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Delhi Court October 2017 Judgments

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Oct 27 2017 (HC)

Union of India & Ors vs.kamal Kumar

Court: Delhi

..... Appellants versus LPA5322012 LPA5312012 KAMAL KUMAR UNION OF INDIA & ORS UNION OF INDIA & ORS IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * Reserved on:24. 08.2017 Pronounced on:27. 10.2017 + + + + KAMAL KUMAR LPA5342012 UNION OF INDIA & ORS KAMAL KUMAR L.R. RAMAN KUMAR LPA5402012 UOI & ORS versus versus versus ..... Appellants ..... Appellants ..... Respondent ..... Respondent ..... Appellants ..... Respondent ..... Respondent LPA No.531/2012 & connected matters Page 1 of 14 Appearance: Mr. Baldev Malik with Mr. Arjun Malik, Advocates for appellants/UOI in all matters. Ms. Maneesha Dhir with Ms. Sarmishta Gosh, Mr. Nishant Piyush and Mr. Mahipal Singh, Advocates for respondents in all matters. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR MR. JUSTICE S. RAVINDRA BHAT1 The Union of India, by these appeals, challenges the judgment of a learned single judge, dated 25.11.2011, allowing four writ petitions, preferred under Article 226 of the Constitution o...

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Oct 27 2017 (HC)

Narender Kumar Gupta vs.alka Gupta

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : October 27th, 2017 RFA662007 NARENDER KUMAR GUPTA Through: ..... Appellant Mr. Atul Nigam, Mr. Raghav Tibriwal, Advocates versus ALKA GUPTA ..... Respondent Through: Ms. Hetu Arora Sethi, Mr.Abhimanyu Verma, Mr. Anuj Kapoor, Advocates CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.JUDGMENT1 The present appeal has been filed by the appellant against the judgment and decree dated 25.11.2006 passed by the learned Additional District Judge, Delhi whereby the suit filed by the plaintiff/respondent for recovery of money was decreed in her favour and against the appellant/defendant for a sum of Rs.12 lakhs along with interest @7% p.a w.e.f 30.08.2004 till realization and cost. The facts enumerating from the record are that the appellant and 2. respondent constituted a partnership through a partnership agreement dated 5th April, 2000 to run an institute for preparing students for RFA66/2007 Page 1of 10 competitive exams, unde...

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Oct 27 2017 (HC)

New India Assurance Co. Ltd. Vs.sheela Devi & Ors.

Court: Delhi

$~R-377 & 378 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL7042011 Decided on:27. h October, 2017 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. Priyadarshi Acharya for Mr Sameer Nandwani, Advocate versus SHEELA DEVI & ORS. ........ RESPONDENTS Through: None + MAC APPEAL12092012 SHEELA DEVI & ORS. ..... Appellants Through: None versus MAHENDER SINGH & ORS. ........ RESPONDENTS Through: Mr. Priyadarshi Acharya for Mr Sameer Nandwani, Advocate for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Rajender Kumar Moura, aged 42 years, working as Post Master in the Department of Posts of the Government of India, suffered injuries in a motor vehicular accident that had occurred on 01.09.2007, MACA7042011 & 1209/2012 Page 1 of 4 while travelling as a passenger in three wheeler scooter bearing registration no.DL-1RG-4557 (TSR), it having collided against truck bearing registration no.HR-38K-6157 (the truck) and died in the consequence. His wife and five members of...

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Oct 27 2017 (HC)

National Insurance Company Ltd. Vs.sudhakar Gupta & Ors.

Court: Delhi

$~R-375 & 376 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h October, 2017 + MAC APPEAL No.684/2011 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. A.K. Soni, Adv. versus SUDHAKAR GUPTA & ORS. Through: None. ........ RESPONDENTS + MAC APPEAL No.686/2011 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. A.K. Soni, Adv. versus MONIKA GUPTA & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On inquiry into the two accident claim cases (suit nos. 6and 646A/2010), both instituted on 29.03.2006, the motor accident claims Tribunal by a common judgment dated 18.04.2011 held that a motor vehicular accident had occurred on 06.10.2005 involving collision between two motor vehicles, one being Kinetic scooter MAC Appeal No.684/2011 & conn. Page 1 of 4 bearing registration No.MH31AZ8873(the scooter) and, the other, Tata Eicher Canter bearing registration No.HR38 8759 (the Eicher Canter). The scooter was driven at the...

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Oct 27 2017 (HC)

Merck Sharp & Dohme Corp. & Anr. Vs.mr. Munish Thakur & Anr.

Court: Delhi

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 2744/2015 #F-17 MERCK SHARP & DOHME CORP. & ANR. ..... Plaintiffs Through: Ms. Tusha Malhotra with Ms. Udita Patro, Advocates versus MR. MUNISH THAKUR & ANR. Through: None. Date of Decision:27. h October, 2017 ..... Defendants CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) I.A. 12201/2017 1. Present application has been filed under Order VIII Rule 10 read with Section 151 CPC.2. It is pertinent to mention that the present suit has been filed for permanent injunction, infringement of registered Patent No.209816, damages, rendition of accounts and delivery up etc. The prayer clause in the present suit is reproduced hereinbelow:-"a. A decree of permanent injunction restraining the Defendants, its directors, employees, officers, servants, agents and all others acting for and on their CS(OS) 2744/2015 Page 1 of 9 behalf from making, using, selling, distributing, advertising, exporting, offering for sale, and in any ot...

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Oct 27 2017 (HC)

National Highways Authority of India vs.punjab National Bank

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 165/2017 & CM No.31279/2017 Reserved on:19. h September, 2017 Pronounced on:27. h October, 2017 NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Appellant Through: Mr.Parag P. Tripathi, Sr. Advocate with Ms.Gunjan Sinha & Mr.Rishabh Kapur, Advocates Versus PUNJAB NATIONAL BANK ..... Respondent Through: Mr.Rajiv Nayar, Sr.Advocate with Mr.Manmeet Singh, Mr.Mayank Grover and Ms.Anjali Anchayil, Advocates. FAO(OS) (COMM) 166/2017 & CM No.31281/2017 NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Appellant Through: Mr.Parag P. Tripathi, Sr. Advocate with Ms.Gunjan Sinha & Mr.Rishabh Kapur, Advocates Versus M/S JETPUR SOMNATH TOLLWAYS LIMITED..... Respondent Through: Mr.Sandeep Sethi, Sr. Advocate with Mr.Ajay Sondhi & Ms.Surbhi Mehta, Advocates CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA % FAO(OS) (COMM) 165/2017 & FAO(OS) (COMM) 166/2017 Page 1 of 30 SANJIV KHANNA, J.National Highways Authority of India (NHAI f...

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Oct 27 2017 (HC)

Sunil R. Masih vs.umesh Kumar Gupta & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : October 27th, 2017 RFA1102007 SUNIL R. MASIH ..... Appellant Through Mr.Ramesh Kumar and Mr.Lavvrish Kumar, Advocates. versus UMESH KUMAR GUPTA & ANR. None. Through ..... Respondent CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.JUDGMENT1 The present appeal has been filed by the appellant against the judgment and decree dated 11.10.2006 passed by the learned Additional District Judge, Delhi whereby the suit filed by the plaintiff/respondents for recovery of Rs 4,29,200/- had been decreed in the defendant/appellant. plaintiff/respondents against favour of the and The facts enumerating from the plaint filed before the 2. the plaintiff/respondents being an old Court below are acquaintance of plaintiff approached the latter in the month of August- September 2000 and represented having been allotted an outlet by M/s that RFA110/2007 Page 1of 5 Bharat Petroleum Corporation Limited (BPCL). Appellant/defendant stated that he ...

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Oct 27 2017 (HC)

Deepak Bajpai vs.state (Govt. Of Nct of Delhi) & Anr.

Court: Delhi

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order:27. h October, 2017 + CRL.REV.P. 685/2017 & CRL.M.A. 15058/2017 1. DEEPAK BAJPAI ........ Petitioner Through: Mr. Prashant Mehdiratta, Adv. with Mr.Harshwardan, Mr.Mohd. Irsad and Ms.Aanchal, Advs. versus 1. STATE (GOVT. OF NCT OF DELHI) 2. ARUN JAITLEY ........ RESPONDENTS Through: Ms.Richa Kapoor, ASC for State Mr.Sidharth Luthra, Sr. Adv. with Mr.Manik Dogra, Mr.Anupam Prasad and Mr.Manoj Taneja, Advs. CORAM: HON'BLE MR. JUSTICE I.S.MEHTA ORDER I.S. MEHTA, J.1. Instant application, i.e. CRL.M.A. 15058/2017, under Section 482 Cr.P.C. read with Section 5 of the Limitation Act for condonation of delay of 458 days in filing the present revision petition has been filed by the petitioner-Deepak Bajpai. CRL.REV.P. 685/2017 & CRL.M.A. 15058/2017 Page 1 of 18 2. Brief facts as stated are that the respondent No.2/complainant, i.e. Arun Jaitley, had filed a complaint under Section 200 Cr.P.C. against the accused persons, i.e. Arvind Kej...

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Oct 27 2017 (HC)

Omaxe Infrastructure & Construction Ltd. Vs.union of India & Ors.

Court: Delhi

$~20 * + IN THE HIGH COURT OF DELHI AT NEW DELHI\ O.M.P.(MISC)(COMM) 40/2017 Date of decision:27. h October, 2017 OMAXE INFRASTRUCTURE & CONSTRUCTION LTD. ..... Decree Holder Through Ms. Tina Garg and M.K. Ghosh, Advs UNION OF INDIA & ORS. versus ..... Judgment Debtor Through Mr. Anurag Ahluwalia, CGSC with Mr Sushil Kumar Pandey, GP along with Mr. Akhilesh Gupta, Director CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) IA No.12413-14/2017(exemptions) Allowed, subject to all just exceptions. The applications are disposed of. O.M.P.(MISC.)(COMM.) 40/2017 1. This is an application under section 29-A(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to OMP(MISC)(COMM) 40/2017 Page 1 as the Act) praying for appointment of an independent arbitrator for adjudicating the disputes arising between the parties out of Contract Agreement No.DG-MAP/PHASE-II- Nagrita/PKG/IA/20(hereinafter refer to as the Agreement) for construction of residential accommodation at ...

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Oct 27 2017 (HC)

Oriental Insurnace Co. Ltd. Vs.mohd. Sahil & Ors.

Court: Delhi

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h October, 2017 + MAC APPEAL No.160/2009 ORIENTAL INSURNACE CO. LTD. ..... Appellant Through: Mr. Ravi Sabharwal, Adv. versus MOHD. SAHIL & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent (claimant) was amongst the 25-30 persons who were travelling on board vehicle described as Swaraj Mazada bearing registration No.HR46F7542 admittedly registered in the name of third respondent (the registered owner), it being driven at the relevant point of time by the second respondent (the driver) and insured against third party risk with appellant insurance company (insurer) on 02.10.2006, it having been deployed for purposes of ceremonies connected with Durga Visarjan on account of negligent driving of the said vehicle, it over-turned near Inter-State Bus Terminus, Delhi, resulting in injuries being suffered by several persons including the claimant. On accident claim ...

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