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Delhi Court October 2017 Judgments

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Oct 23 2017 (HC)

M/S Atma Ram Properties Pvt. Ltd. Vs.union of India

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.245/2017 % M/S ATMA RAM PROPERTIES PVT. LTD. 23rd October, 2017 ..... Appellant Through: Mr. Amit Sethi and Mr. Ishan versus Khanna, Advocate. UNION OF INDIA ..... Respondent Through: Mr. Rajesh Gogna and Ms. Liu Gangmei, Advocates. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.37328/2017 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. RSA No.245/2017 and C.M. Appl. No.37329/2017 (for stay) 1.(i) This Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment of the first appellate court dated 30.5.2017 by which the first appellate court has set aside the judgment of the trial court dated 6.3.2010 and by which judgment the trial court had decreed the suit for declaration and RSA No.245/2017 Page 1 of 14 permanent injunction which was filed by the plainti...

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Oct 23 2017 (HC)

Lokesh Singh vs.sartaz & Ors.

Court: Delhi

$~R-344 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. d October, 2017 + MAC APPEAL No.495/2011 LOKESH SINGH Through: None. ..... Appellant versus SARTAZ & ORS. ........ RESPONDENTS Through: Ms. Neerja Sachdeva, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant had suffered injuries in a motor vehicular accident that occurred on 08.01.2010 due to negligent driving of bus bearing registration No.DL1A5171 He instituted accident claim case (suit No.123/2010) on 12.03.2010, seeking compensation. The said case was clubbed for inquiry with another similarly placed case arising out of same accident. On the basis of inquiry held, the tribunal, by judgment dated 22.03.2011, accepted the claim for compensation holding the bus driver negligent for occurrence of such accident. It awarded compensation in the sum of Rs. 1,51,378/-, fastening the liability on the insurance company (third respondent). The said amount would include Rs. 20,100/- towards medica...

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Oct 23 2017 (HC)

Gemini Food & Beverages Pvt. Ltd. Vs.omwati & Anr.

Court: Delhi

$~R-345 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. d October, 2017 + MAC APPEAL No.499/2011 GEMINI FOOD & BEVERAGES PVT. LTD. ..... Appellant Through: None. versus OMWATI & ANR. ........ RESPONDENTS Through: Ms. Shantha Devi Raman & Mr. Arihant Jain, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent had instituted accident claim case (suit No.520/2008) on 03.08.2006 seeking compensation on account of death of her son Vikash Sharma in a motor vehicular accident that occurred on 01.06.2005. Pertinent to mention here that in the said claim case Babli Sharma, the widow of Vikash Sharma was also impleaded as third respondent. She, however, died on 07.11.2006 and consequently her name stood deleted from the array of parties.2. The claim case had initially resulted in judgment dated 17.03.2008, rendered ex-parte, the appellant herein being one of the party respondents held liable to pay the compensation thereby determined. On its applica...

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Oct 23 2017 (HC)

Naveen Kumar vs.competition Commission of India

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: October 23, 2017 + W.P.(C) 9234/2017 NAVEEN KUMAR ........ Petitioner Through: Mr. Mohd. Atif & Mr. Chinmoy Roy, Advocates with petitioner in person Versus COMPETITION COMMISSION OF INDIA ..... Respondent Through: Mr. Sanjay Jain, Additional Solicitor General, with Ms.Rhea Verma, Ms. Medha Tandon, Mr. Ajay Tandon & Mr. Avijit Sharma, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT C.M. 37754/2017 (u/S151CPC) Allowed subject to all just exceptions. W.P.(C) 9234/2014 & C.M. 37753/2017 (for stay) 1. Respondents Notice Annexure P-5, (said to have been published on 5th October, 2017) containing list of eligible / ineligible candidates for the written test to be held on 29th October, 2017 for various posts, is under challenge in this writ petition.... Petitioner is a Chartered Accountant, who is partner in Dahiya Yadav & Company. He had applied for the post of Deputy Director (Financial Analysis) on 18th August, 2017.... Pe...

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Oct 23 2017 (HC)

Reliance General Insurance Co Ltd vs.ram Sanjeevan and Ors

Court: Delhi

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. d October, 2017 + MAC.APP. 1153/2012 RELIANCE GENERAL INSURANCE CO LTD..... Appellant Through: Mr. Pankaj Seth, Adv. versus RAM SANJEEVAN AND ORS ........ RESPONDENTS Through: Mr. Gaurav Kajla & Mr. Navneet Sharma, Adv. for R-1 & 2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The impugned judgment dated 14.09.2012 in the accident claim case (MACT No.71/2012) was passed by the motor accident claims tribunal granting compensation in favour of the first and second respondents (collectively, the claimants) only on the basis of detailed accident report (DAR) submitted by the police in the context of investigation into first information report (FIR No.457/2011) of police station Model Town, Delhi, the subject matter whereof is the motor vehicular accident that had occurred on 07.12.2011 in which Dharmender died, giving rise to the cause of action claimed in the proceedings before the tribunal. It is pointed out that th...

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Oct 23 2017 (HC)

Verizon Trademark Services Llc & Ors. Vs.vijay Patel & Ors

Court: Delhi

$~OS-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:23. 10.2017 + CS(COMM) 353/2016 & IA179002014 VERIZON TRADEMARK SERVICES LLC & ORS..... Plaintiffs Through Mr.Pravin Anand, Ms.Vrinda Gambhir and Mr.Siddhant Chamola, Advs. versus VIJAY PATEL & ORS ..... Defendants Through None CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. Plaintiffs have filed the present suit seeking a decree of permanent injunction to restrain the defendants from manufacturing, selling etc. the products of the defendants under the trademark/name VEZION and logo or otherwise deceptively similar to the marks of the plaintiffs, including as a part of a domain name or company name, leading to infringement of the plaintiffs registered VERIZON trademark; and also an order is sought to restrain the defendants from dealing with the goods with the said trademark leading to passing off of the defendants goods as that of the plaintiffs; and an order is also sought to transfer of the impugned ...

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Oct 23 2017 (HC)

M/S Prabhu Dayal Lachhmi Narain & Ors. Vs.m/s Shri Sai Corporation & O ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.885/2017 + % M/S PRABHU DAYAL LACHHMI NARAIN & ORS. ..Appellants Mr. Pankaj Gupta, Advocate with Ms. Rimpy Gupta, Advocate. 23rd October, 2017 Through: versus M/S SHRI SAI CORPORATION & ORS. ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.37598/2017 (exemption) Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.885/2017 and C.M. No.37597/2017 (stay) 1. This Regular First Appeal is filed under Section 96 of Code of Civil Procedure, 1908 (CPC) impugning the judgment of the Trial Court dated 9.6.2017 by which the trial court has dismissed the suit filed by the appellants/plaintiffs for recovery of Rs.11,93,887.79/-.2. The facts of the case are that the appellants/plaintiffs are RFA No.885/2017 Page 1 of 9 a partnership firm and its registered partners. In the plaint, it was pleaded that the respondents/defendants had purchased...

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Oct 23 2017 (HC)

Devender Kumar vs.bank of Baroda and Ors

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: October 23, 2017 W.P.(C) 12010/2016 DEVENDER KUMAR ........ Petitioner Through: Mr. Shakil Akhtar, Advocate versus BANK OF BARODA AND ORS .....Respondents Through: Mr. Bhupender Singh Chauhan, Advocate for respondents No.2 to 5 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner is a Head Cashier, who was charge-sheeted for shortage of cash of `10 lacs odd. In the departmental inquiry, petitioner was held guilty and vide impugned order of 31st October, 2016, he has been dismissed from service. The challenge to impugned order of 31st October, 2016 in this petition is on the ground that petitioner had sought to be defended by a lawyer in the inquiry proceedings and this was denied to him in contravention of Clause 12 of Memorandum of Settlement of 10th April, 2002. Thus, it is submitted that the entire inquiry stands vitiated on account of lack of proper assistance being provided to petitioner and so, impugned orde...

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Oct 23 2017 (HC)

Gurcharan Kaur & Ors vs.ranjeet Singh Sandhu

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 1159/2017 GURCHARAN KAUR & ORS $~38 * + CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RANJEET SINGH SANDHU Through: None. Versus Through: Mr. V.S. Dubey, Adv. ........ Petitioners ..... Respondent ORDER % CM No.37739/2017 (for exemption) 1. Allowed, subject to just exceptions. 23.10.2017 2. The application is disposed of. CM(M) 1159/2017 & CM No.37738/2017 (for stay) 3. This petition under Article 227 of the Constitution of India impugns the order [dated 6th September, 2017 in CS No.13100/2016 of the Court of Additional District Judge (ADJ)-13 (Central), Tis Hazari Courts, Delhi]. of dismissal of the application of the petitioners/defendants under Order VI Rule 17 of the Code of Civil Procedure, 1908 for amendment of the written statement.4. 5. The counsel for the petitioners/defendants has been heard. The respondent/plaintiff, in or about 2007 instituted the suit from CM(M) 1159/2017 Page 1 of 8 which this petition arises for recovery of p...

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Oct 17 2017 (HC)

State (Govt of Nct of Delhi) vs.ramtej

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Pronounced on:17. 10.2017 Judgment Reserved on:13. 09.2017 Crl. Rev. Petition 464/2017 * % + STATE (GOVT OF NCT OF DELHI) ..... APPELLANT Through: Mr. Amit Chadha, APP for State along with SHO Sanjay Sharma, Inspector Ugesh Kumar and SI R.K. Yadav, P.S. Vasant Kunj (South) Delhi. versus RAMTEJ ..... RESPONDENT Through: Mr. Akhand Pratap Singh, Advocate with Ms. Aditi Mittal, Advocate. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.1. This Criminal Revision Petition impugns an order dated 29.08.2016 passed by the Court of Additional Sessions Judge, Fast Track Court, Patiala House Courts, New Delhi (in short ASJ) whereby an application of the prosecution under Section 216 of the Code of Criminal Procedure, 1973 (in short the Code) for framing additional/alternate charge under Section Crl.. Rev.P. 464/2017 Page 1 of 17 302 of the Indian Penal Code, 1860 (in short IPC) besides the charges framed under Sections 376A/392/201 read with Sec...

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