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Delhi Court October 2017 Judgments

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Oct 12 2017 (HC)

Saregama India Limited vs.eros Digital Fz Llc & Anr

Court: Delhi

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : OCTOBER12 2017 + CS(COMM) 625/2017 SAREGAMA INDIA LIMITED ..... Plaintiff. Through : Mr.C.M.Lall, Sr.Advocate, with Mr.Ankur Sangal, Ms.Sucheta Roy and Ms.Pragya Mishra, Advocates. versus EROS DIGITAL FZ LLC & ANR CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Mr.Dayan Krishnan, Sr.Advocate, with Ms.Anshu Bhanot and Mr.Sanjeev, Advocates ..... Defendants S.P GARG, J.(ORAL) IA No.10917/2017 (u/O39R-1&2 CPC) 1. The instant application for seeking ad-interim injunction till the disposal of the suit has been preferred by the plaintiff; it is contested by the defendants.2. The plaintiff has instituted a suit for permanent injunction for restraining the infringement of its copyright; rendition of accounts and damages against the defendants. It is averred that the plaintiff is the owner of copyright in a wide variety of sound recordings published in India. The plaintiff has acquired rights in numerous songs, including IA No.10917/2017 ...

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Oct 12 2017 (HC)

Hemant Kumar vs.union of India & Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: October 12, 2017 + W.P.(C) 8942/2017 HEMANT KUMAR ........ Petitioner Through: Mr.Anirudh Sharma, Adv. with Mr.Abhaid Parikh, Adv. versus UNION OF INDIA & ORS ..... Respondent Through: Ms.Sangita Rai, Adv. for R1-UOI Mr.Jivesh Tiwari, Adv. for Mr.Sandeep Mahapatra, Adv. for R2-R5 Mr.Kalyan Babu Singh CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J (ORAL) CM No.36571/2017 (direction) This is an application filed by the petitioner for filing lengthy list of dates. The application is allowed and disposed of. The list of dates as filed is taken on record. W.P.(C) 8942/2017 1. The present has been filed by the petitioner with the following prayers: In view of the above facts and circumstances it is most respectfully prayed that this Honble Court be pleased to: i) Strike down / quash, Rule / Instruction 7 (C), 14 E) and 14 F) of the Allotment of Resident- Instructions dated 5.12.2011 of the Respondent ONGC; ...

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Oct 12 2017 (HC)

Metal Box India Ltd vs.tk Sehgal & Sons Huf & Ors

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : October 12th, 2017 Review Pet. No.305/2016 in C.M.No.30021/2015 in RFA972012, CM222812016, 17615/2017 and 24498/2016 METAL BOX INDIA LTD ..... Appellant Through: Mr.Amit Sibal, Senior Advocate with Trivedi, Mr.Nikhil Ms.Malvika Rohatgi, Mr.Namit Suri, Mr.Jugal Wadhera, Mr.Ghanshyam Mr.Vidit Gupta, Advocates Joshi, versus TK SEHGAL & SONS HUF & ORS ..... Respondent Through: Mr.H.L. Narula, Mr.Bhupesh Narula, Bindra, Singh Mr.Lovedeep Advocates CORAM: HON'BLE MR. JUSTICE P.S.TEJI JUDGMENT P.S.TEJI, J.1. The present review application has been filed by the appellant/ petitioner under Section 114 read with Section 151 read with Order XLVII Rule 1 of the CPC seeking review of the judgment and order dated 26.05.2016 passed in application bearing CM No.30021/2015.2. The facts of the instant matter are that the appeal bearing RFA972012 was preferred by the appellant against the judgment and order dated 04.02.2012 passed by the...

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Oct 12 2017 (HC)

Safeways Cargo (P) Ltd vs.smt Kapoori Devi & Ors

Court: Delhi

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:12. h October, 2017 + MAC.APP. 42/2014 SAFEWAYS CARGO (P) LTD ..... Appellant Through: None. versus SMT KAPOORI DEVI & ORS ........ RESPONDENTS Through: Mr. Pankaj Gupta, Adv. for R-4 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) The appellant admittedly is the registered owner of motor 1. vehicle described as truck bearing Registration No.HR-38L-6174. It was impleaded as the second respondent in the accident claim case (MACT No.149/12/09) instituted by first to third respondents (collectively, the claimants) with further averments that on 13.03.2009 the said truck was driven by the fifth respondent in negligent manner this resulting in a motor vehicular accident at 11.05 p.m. in the area of Bijwasan Golakdham, causing the death of Rohtash Kumar. The truck was concededly insured against third party risk for the period in MAC Appeal No.Page 1 of 3 question with the fourth respondent (insurer). During the inquiry, the insure...

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Oct 12 2017 (HC)

Sinopharm Weiqida Pharmaceutical Co (Wqd) vs.dsm Sinochem Pharmaceutic ...

Court: Delhi

$~22 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA (OS)(COMM) 9/2017 & CM No.23816/2017 Date of decision:12. h October, 2017 SINOPHARM WEIQIDA PHARMACEUTICAL CO (WQD) ..... Appellant Through: Mr.Sandeep Sethi, Sr. Adv. with Ms.Rajeshwari H. And Mr.Tahir A.J, Advs. versus DSM SINOCHEM PHARMACEUTICALS INDIA PVT LTD AND ANR ........ RESPONDENTS Through: Mr.Chander M. Lall, Sr. Adv. with Ms.Nancy Roy, Mr.Rohin Koolwal, Mr.Rupin Bahl, Mr.Abhimanyu Chauhan and Ms.Rani Singh, Advs. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.(Oral) CM No.63553/2017 This application is for placing on record an affidavit filed by the respondent. Allowed subject to all just exceptions. RFA(OS)(COMM) 9/2017 Page 1 Contents of the affidavit would be examined when we deal with the appeal filed by the non-applicants on merits. RFA(OS)(COMM) 9/2017 & CM238162017 This order disposes of Regular First Appeal by Sinopharm Weiqida Pharmaceutical Co (WQD) under Section 13 of...

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Oct 12 2017 (HC)

Kanhaiya Kumar vs.jawaharlal Nehru University and Anr

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: October 12, 2017 + W.P.(C) 7902/2016, CM No.32725/2016 KANHAIYA KUMAR Through: Ms. Rebecca John, Sr. Adv. with Mr. Harsh Bora, Adv. ........ Petitioner versus JAWAHARLAL NEHRU UNIVERSITY & ANR. Through: Ms. Ginny J.Rautray and ........ RESPONDENTS Ms. Anushka Ashok, Advs. CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 The present petition has been filed with the following prayers:-"In the facts and circumstances stated above, it is most respectfully prayed that this Honble Court be pleased to: a. issue a writ of certiorari, or any other appropriate writ, order or direction, for calling for the records and quashing the Office Order No.212/CP/2016 dated 22.8.2016 issued by Respondent No.2, the Office Order W.P.(C) No.7902/2016 Page 1 of 49 2. No.160/CP/2016 dated 25.4.2016, issued by Respondent No.2, and the report of the High Level Enquiry Committee and/or, c) Pass any such other or further orders as ...

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Oct 12 2017 (HC)

Rubina Saife vs.jawaharlal Nehru University

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: October 12, 2017 + W.P.(C) 7916/2016, CM No.32756/2016 RUBINA SAIFE Through: Ms. Malavika Rajkotia, ........ Petitioner Mr.Vaibhav Vats and Ms.Soumya Maheshwari, Advs. versus JAWAHARLAL NEHRU UNIVERSITY ..... Respondent Through: Ms. Ginny J.Routray, Adv. with Ms. Anusha Ashok, Adv. CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 The present petition has been filed with the following prayers:-"In view of the facts & circumstances stated above, it is prayed that this Honble Court in public interest may be pleased to:1. issue a writ of certiorari or any other writ, order or direction thereby quashing and setting aside the report of the High Level Enquiry Committee set up by the respondent vide Office Order No.205/CP/2016 dated 22.8.2016 of the Vice Chancellor punishing the petitioner, and all other proceedings consequential to and arising out W.P.(C) No.7916/2016 Page 1 of 38 of the report of the High Le...

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Oct 12 2017 (HC)

Kamlesh Kumar Jain & Ors. Vs.chandra Kanta Agarwal

Court: Delhi

$~A- * % + + IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:12. 10.2017 RC.REV. 456/2016 & CM Nos.34978-34980/2016 KAMLESH KUMAR JAIN & ORS. ........ Petitioner Through Mr.Sanjeev Sindhwani, Sr. Advocate with Mr.Jayant Mehta, Mr.Satyam Thareja and Ms.Shradha Karol, Advocates versus CHANDRA KANTA AGARWAL ..... Respondent Through Mr.Sudhanshu Batra, Senior Advocate with Mr.Subhash Mishra and Mr.Shashwat V.Dubey,Advocates . CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. This revision petition is filed under section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) seeking to impugn the eviction order dated 5.5.2016 passed by the Additional Rent Controller (hereinafter referred to as the ARC). Respondent/landlord had filed an eviction petition under section 14(1)(e) of the DRC Act for property being part of First Floor, House No.1872/P, Mahalaxmi Market, Chandni Chowk, Delhi. The tenancy is said to have been created vide Rent Agreement dat...

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Oct 12 2017 (HC)

Rahish Alias Ganja vs.state

Court: Delhi

$~68 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1087/2012 Judgment reserved on :12. h September, 2017 Judgment pronounced on:12. h October, 2017 Rahish @ Ganja .... Appellant Through: Mr. S. B. Dandapani, Advocate versus STATE Through: Mr. Amit Ahlawat, APP for the State. .... Respondent 1. CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL The present appeal has been instituted under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) against the impugned judgment dated 18.10.2011 and order on sentence dated 24.10.2011 by which the appellant has been convicted for the offence under Section 392 read with Section 397 of the Indian Penal Code, 1860 (hereinafter referred to as IPC). The appellant has been sentenced to undergo rigorous imprisonment for a period of 10 years with a fine of Rs. 10,000, in default thereof, to further undergo simple imprisonment for a period of one month.2. The case of the prosecution as observed by the Trial Court is...

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Oct 12 2017 (HC)

Sunil Kumar vs.the State (Govt. Of Nct of Delhi ) & Anr.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI $~45 * + W.P.(CRL) 2872/2017 SUNIL KUMAR ........ Petitioner Through: Mr.Rajinder Juneja, Advocate along with petitioner in person. versus THE STATE (GOVT. OF NCT OF DELHI ) & ANR....... RESPONDENTS Through: Mr.Sanjay Lao, ASC for State with SI Gajender Singh, PS CWC, Malviya Nagar, Delhi. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER1210.2017 1. Notice. Learned ASC, who appears on an advance copy having been served, accepts notice.2. Notice to respondent No.2 also. She appears in person and accepts notice. She is duly identified by IO SI Gajender Singh.3. The petitioner has invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing of the FIR bearing No.180/2016, registered against him on 05.10.2016 with Police Station CWC, Nanak Pura, District Special Police Unit for Women and Children, Delhi, un...

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