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Delhi Court December 2017 Judgments

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Dec 13 2017 (HC)

Twenty First Century Medicare Ltd vs.rajesh Kukreja

Court: Delhi

$~R1 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :13. h DECEMBER, 2017 RFA1802000 Through : Mr.Rajeev Sharma, Advocate with Ms.Radhalakshimi R. & Mr.Rajat Krishna, Advocates. TWENTY FIRST CENTURY MEDICARE LTD...... Appellant RAJESH KUKREJA CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Mr.S.U.Abbas, Advocate along with respondent in person. versus ..... Respondent + S.P.GARG, J.(Oral) 1. A demand draft bearing No.013062 dated 12.10.2017 for a sum of `10,000/- in the name of respondent drawn on IDBI Bank in terms of the order dated 26.09.2017 has been handed over to the learned counsel for the respondent in the Court today.2. The present Regular First Appeal has been preferred by Twenty First Century Medicare Ltd. (hereinafter the appellant) against Rajesh Kukreja (hereinafter the respondent) to challenge the legality and correctness of a judgment dated 05.10.1999 of learned Addl. District Judge in Suit No.9titled Rajesh Kukreja vs. Twenty First Century Medicare Ltd. by which de...

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Dec 13 2017 (HC)

Inderjeet Singh Sidhu vs.union of India & Ors.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 13, 2017 * + W.P.(C) 11049/2017 & C.M. 45213/2017 INDERJEET SINGH SIDHU UNION OF INDIA & ORS. Versus Through: Mr. S.N. Kaul, Advocate ........ Petitioner .....Respondents Through: Ms. Monika Arora, CGSC & Mr. Harsh Ahuja, Advocate for respondents No.1 & 2-UOI CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL... Petitioner was working as Chief Operating Officer with second 1. respondent and on 29th March, 2017 he voluntarily tendered his resignation with the prayer that he may be relieved at the earliest. Vide E- mail communication of 31st March, 2017 (Annexure P-10 colly.), petitioner was informed by the Management of second respondent that his resignation submitted on 29th March, 2017 has been accepted w.e.f. 31st March, 2017. According to petitioner, this communication was received by him on 07:29 p.m. and at 07:40 p.m., he had replied to second respondent vide e-mail on the same very date i.e. 31st March, 2017 that...

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Dec 13 2017 (HC)

Nandini Pattani & Ors vs.madhuri Hingorani

Court: Delhi

$~6 *IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 251/2017 & CM Nos. 33463, 33465, 33574/2017 % Date of decision :13. h December, 2017 NANDINI PATTANI & ORS ..... Appellants Through : Mr. Jeevesh Nagrath and Mr. Amitabh Chaturvedi, Advs. versus MADHURI HINGORANI ..... Respondent Through : Mr. Divyanshu Goyal and Ms. Shikha Sinha, Advs. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 The appellant assails the order dated 25th July, 2017 passed in CS(OS) No.529/2016 (page56) contending that without their being any application for amendment of the plaint, the learned Single Judge deemed it appropriate to allow the plaintiff/respondent to amend the plaint within four weeks.2. It is further complained that the plaint as laid before the court was incoherent.3. It has been contended by the respondent/defendant that by an order dated 17th April, 2017 passed in the suit, the learned Single FAO(OS) 251/2017 Page 1...

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Dec 13 2017 (HC)

Susheel Kumar Khanna and Anr . Vs.m/s Gsba Trust and Ors

Court: Delhi

$~2 *IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision :13. h December, 2017 FAO(OS) 146/2017 SUSHEEL KUMAR KHANNA AND ANR . Through : Mr. Mohit Chaudhary, .... Appellants Mr. Kunal Sachdeva and Mr. Divyansh Kishore Sharma, Advs. ........ RESPONDENTS versus M/S GSBA TRUST AND ORS Through : Ms. Shashi Kiran and Mr. Sujit Kumar Jha, Advs. for R-1 to 4 & 6. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This appeal assails the order dated 11th April, 2017 passed in CS(OS)No.532/2015 Shusheel Kumar Khanna & Anr. vs. M/s GSBA Trust & Ors by the ld. Single Judge on I.A.No.4046/2015 (under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure) filed by the appellant/plaintiff and I.A.No.13497/2015 (under Order XXXIX Rule 4 of Code of Civil Procedure) filed by the respondent/defendant nos.1 to 4 & 6.2. The plaintiff, claiming appointment as a trustee in the defendant FAO(OS) No.146/2017 Page 1 of 6 No....

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Dec 13 2017 (HC)

Indraj and Ors. Vs.land Acquisition Collector and Anr.

Court: Delhi

$~11 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:13. h December, 2017 + W.P.(C) 5474/2014 Through: Mr. Anuroop P.S., Adv. ........ Petitioners INDRAJ AND ORS. LAND ACQUISITION COLLECTOR AND ANR. versus Through: Mr. Yeeshu Jain, Standing Counsel for ........ RESPONDENTS LAC. Mr. Dhanesh Relan, Mr. Akshita and Ms. Kajri Gupta, Advs. with Mr. Sada Shiv, Dy. Director, (New Lease-I), DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J (ORAL) 1. With the consent of the parties, present petition is set down for final hearing and disposal. This is a petition under Article 226 of the Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to the land comprised in Khasra No.170 (0-4), 315 (4-16), 316 (1-10), 317 (6-0) measuring 12 bighas 10 biswas in which the petitioners haveshare and land comprised in Khasra No.213 (4-12), 21(0-17), 214 (4-14), 217 (4-16), 218 (4-16), 23(3-18)...

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Dec 13 2017 (HC)

Manish Gupta vs.uti Infrastructure Technology and Services Limited and ...

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: December 13, 2017 W.P.(C) 11050/2017 & C.M.45124/2017 MANISH GUPTA ....... Petitioners Through: Ms. Preeti Singh, Ms. Swati Jindal and Mr. Abhay Kumar, Advocates versus UTI INFRASTRUCTURE TECHNOLOGY AND SERVICES LIMITED AND ANR. .....Respondents Through: Ms. Eshita Baruah, Advocate for Mr. Gaurang Kanth, CGSC for respondent-UOI CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner claims to be a Divisional Manager of first respondent 1. since June, 2012 and his grievance is that his case for promotion to the post of Assistant Vice President stands negated by first respondent vide order of 7th October, 2016 (Annexure P-4), whose review was sought by petitioner in October, 2017 and vide Communication of 26th October, 2016 (Annexure P-5 colly.), first respondent informed petitioner that the promotions have been made on 7th October, 2016 after taking into consideration the service, performance appraisal ratings and the m...

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Dec 13 2017 (HC)

Gyan Chand and Ors. Vs.union of India and Ors.

Court: Delhi

$~46 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:13. h December, 2017 + W.P.(C) 9518/2016 GYAN CHAND AND ORS. ........ Petitioners Through: Mr.Arun Kumar Kaushik, Advocate versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr.Sanjay Kumar Pathak, Ms.K.Kaomudi Kiran Pathak, Mr.Sunil Kumar Jha and Mr.Kushal Raj Tater, Advocates for GNCTD and LAC. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. This is a petition under Article 226 of the Constitution of India. The petitioners seek a declaration that the acquisition proceedings in respect of the land comprising in Khasra Nos.274 (4-16), 275 (4-16), 276 (3-16), 277 (3-06), 278 (1-18), 279 (0-07), 280 (2-16), 281 (4-11), 282 (0-5), 283 (4-16), 284 (4-16), 285 (4-16), 286 (5-4), 287 (2-16), 28(1-15), 29(0-16), 295 (4-16), 296 (2-12), 297 (1-08), 298 (4- 16), 30(0-10), 306 (0-08), 307 (3-19) and 308 (1-16), total measuring 71 bighas and 15 biswas (2/3rd share) and fu...

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Dec 13 2017 (HC)

King Point Enterprises Co Ltd vs.ali Asgar & Ors

Court: Delhi

$~23. * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 1566/2016 KING POINT ENTERPRISES CO LTD Through: Mr. Vipin Singhania, Adv. ..... Plaintiff versus ..... Defendants Through: None. ALI ASGAR & ORS CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER1312.2017 IA No.14848/2017 (of the plaintiff under Order IX Rule 9 of the CPC) and IA No.14849/2017 (for condonation of 180 days delay in applying therefor).1. The suit, on 18th April, 2017, was dismissed in default as well as for non-prosecution. The plaintiff has applied for restoration thereof.2. The order dated 18th April, 2017 dismissing the suit in default and for non-prosecution is as under:-"from Issues in the present petition were framed 1. on 27.10.2016 and the parties were directed to file list of witnesses within a period of two weeks and the affidavit of witnesses within a period of four weeks the said date. The matter was, thereafter, listed before the learned Joint Registrar on 01.12.2016. On the said date, the plaint...

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Dec 12 2017 (HC)

Ats Infrastructure Limited vs.platonic Marketing & Anr

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI ATS INFRASTRUCTURE LIMITED ..... Plaintiff Through: Mr. Kapil Kher, Advocate with Ms. Harsha, Advocate. ..... Defendants CS(OS) 1028/2015 $~ * + % CORAM: HON'BLE MR. JUSTICE MANMOHAN PLATONIC MARKETING & ANR Through: None versus Date of Decision:12. h December, 2017 MANMOHAN, J: (Oral) JUDGMENT1 Present suit has been filed for permanent injunction restraining infringement of trademark, passing off, dilution of goodwill, unfair competition, rendition of accounts of profits, delivery up and for damages and compensation. The prayers made in the suit are reproduced hereinbelow:-"(i) Decree for permanent injunction restraining the Defendants, their directors, partners or proprietor as the case may be, its assigns in business, franchisees, licensees, distributors and agents from using, adopting, selling, offering for sale, advertising, directly or indirectly dealing in identical or similar goods/services, CS(OS) 1028 /2015 Page 1 of 9 in or otherwise, ...

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Dec 12 2017 (HC)

Avadh Kaushik vs.govt. Of Nct of Delhi & Anr

Court: Delhi

$~7 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4514/2015 and CM No.8179/2015 % Date of decision :12. h December, 2017 AVADH KAUSHIK ........ Petitioner Through :... Petitioner in person. versus GOVT. OF NCT OF DELHI & ANR ........ RESPONDENTS Through : Mr. Bhagvan Swarup Shukla, CGSC with Mr. Kamaldeep, Adv. for UOI. Mr. Sidharth Luthra, Sr. Adv. with Ms. Supriya Juneja, Mr. Aditya Singla and Ms. Drishti Harpalani, Advs. for R-2. Mr. Sanjoy Ghose, ASC for GNCTD with Mr. Rhishabh Jetley and Ms. Urvi Mohan, Advs. for GNCTD. Inspt. Khalid Akhtar with SI Suneel Sidhu, PS Parliament Street, New Delhi. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This writ petition was filed by the petitioner, who is a practicing advocate of this court complaining against Cabinet Decision No.2143 of the GNCTD dated 28th April, 2016 declaring deceased Gajendra W.P.(C)No.4514/2015 Page 1 of 4 Singh Kalyanwat, who allegedly...

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