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Delhi Court December 2017 Judgments

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Dec 11 2017 (HC)

Prof. Sachin Maheshwari vs.netaji Subhas Institute of Technology & Anr ...

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: October 10, 2017 Judgment delivered on: December 11, 2017 + W.P.(C) 12083/2016 PROF. SACHIN MAHESHWARI Through: Mr. Tarkeshwar Nath ........ Petitioner versus & Mr. Onkar Nath, Advs. NETAJI SUBHAS INSTITUTE OF TECHNOLOGY & ANR. Through: Ms. Avnish Ahlawat and ........ RESPONDENTS Ms. Palak Rohmetra, Advs. Adv. for R-1 Mr. Anil Soni, Standing Counsel with Ms. Priyanka Singh, Adv. for AICTE. CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 The present petition has been filed by the petitioner with the following prayers: Therefore, this Honble Court may graciously be pleased to:-"(i) Quash and set aside the Advertisement dated 30.11.2016. (ii) Pass any other order that is deemed fit and proper under the facts and circumstances of the case. W.P.(C) No.12083/2016 Page 1 of 35 2. From the above, it is seen that in substance, the petitioner is challenging the advertisement dated November 30, 2016, whereby the ...

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Dec 11 2017 (HC)

Khazan Singh and Ors. Vs.union of India and Ors.

Court: Delhi

$~46 * % + W.P.(C) 5806/2017 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:11. h December, 2017 KHAZAN SINGH AND ORS. ........ Petitioners Through: Mr.R.B.Singh and Mr.Devender Kumar, Advts. UNION OF INDIA AND ORS. versus ........ RESPONDENTS Through: Mr.Siddharth Panda, Adv. for R-1 to R-3. Mr.Sanjeev Sabharwal, Standing counsel for DDA with Mr.Hem Kumar and Ms.Simmee Kumari, Advts. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) C.M.24148/2017 (exemption) Exemption is allowed subject to just exceptions. Application stands disposed of. W.P.(C) 5806/2017 1. Counter affidavit has been handed over in court by Mr.Siddharth Panda, learned counsel for the LAC. Copy of the same has been supplied to the counsel for the petitioners.2. With the consent of the parties, the present writ petition is set down for final hearing and disposal.3. This is a petition under Article 226 of the Constitution of India, the petitioners seek a declarati...

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Dec 11 2017 (HC)

Kanwar Singh vs.union of India & Ors.

Court: Delhi

$~48 * % + W.P.(C) 6245/2017 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:11. h December, 2017 KANWAR SINGH ........ Petitioner Through: Ms.Richa Oberoi, Ms.Sumi Anand and Mr.Prateek Kohli, Advocates versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Ms.Jyoti Tyagi, Adv. for LAC/L&B. Mr.Sanjeev Sabharwal, Standing counsel for DDA with Mr.Hem Kumar and Ms.Simmee Kumari, Advts. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. Counter affidavits have been handed over in Court by learned counsels for the DDA and LAC. The same are taken on record. Copies of the same have been supplied to the counsel for the petitioner.2. With the consent of the parties, the present writ petition is set down for final hearing and disposal.3. This is a petition under Article 226 of the Constitution of India. The petitioner seeks a declaration that the acquisition proceedings in respect of the land bearing Khasra No.98 min (2-14) and 99 (2-1...

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Dec 11 2017 (HC)

Oriental Insurance Company Ltd. Vs.amresh Kumar & Ors

Court: Delhi

$~R-691 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h December, 2017 + MAC APPEAL12772012 and CM209282012 and 20929/2012 ORIENTAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Pradeep Gaur, Advocate versus AMRESH KUMAR & ORS Through: ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the motor vehicular accident that occurred on 27.03.2011, giving rise to a cause of action to claim compensation in favour of the first respondent (claimant) by instituting accident claim case (suit no.95/2011), involving negligent driving of a motorcycle bearing registration no.DL-3S-AZ-1477 (motorcycle) by the second respondent (driver), it being a vehicle registered in the name of the third respondent (owner) at whose instance the appellant (insurer) had issued the insurance policy covering third party risk for the period in question, the Motor Accident Claims Tribunal (Tribunal), by its judgment dated 18.08.2012, awarded compensation in favour of the clai...

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Dec 11 2017 (HC)

Smriti Madan Kansagra vs.perry Kansagra

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. 12.2017 C.M. APPL. 42790/2017 & 42791/2017 IN MAT. APP. (FC) 67/2016 SMRITI MADAN KANSAGRA . Appellant Through: Mr. Prosenjeet Banerjee, Advocate. Versus * + PERRY KANSAGRA . .... Respondent Through: Ms. Inderjeet Saroop and Mr. Raghav Saroop, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE YOGESH KHANNA MR. JUSTICE S. RAVINDRA BHAT % C.M. APPL.42791/2017 (for exemption) Allowed, subject to all just exceptions. C.M. APPL. 42790/2017 1. The petitioner/wife seeks review of the judgment dated February 17, 2017 (hereafter order under review or main judgment) of by this Court disposing of a matrimonial appeal - Mat. App. (F.C.) 67 of 2016. The question on which the petitioner seeks review is whether the Counselors report furnished in the course of mediation proceedings or the Mediators report in case of mediation, when the process fails, can be used by either of the parties during trial. C.M. APPL.42790/2017 &...

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Dec 11 2017 (HC)

Subhash Kumar vs.state Nct of Delhi

Court: Delhi

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. A. 607/2012 & Crl. M.(B) No.1934/2017 SUBHASH KUMAR ..... Appellant Through: Ms. Saahila Lamba, Advocate. versus STATE NCT OF DELHI CORAM: JUSTICE S. MURALIDHAR Through: Ms.Kusum Dhalla, APP ..... Respondent JUSTICE I.S. MEHTA % ORDER1112.2017 Dr. S. Muralidhar, J.:1. This is an appeal against a judgment dated 9th April 2012 passed by the learned Additional Sessions Judge (ASJ) in Sessions Case No.42/2011 arising out of FIR No.164/2011 registered at Police Station (PS) Malviya Nagar convicting the Appellant for the offence under Section 302 IPC and the order of sentence dated 21st April 2012 sentencing the Appellant to undergo rigorous imprisonment for life and to pay a fine of Rs.5,000/- and in default to undergo simple imprisonment for a period of one year.2. The case of the prosecution is that the police was informed on phone on 24th April 2011 about the death of a woman at House No.197, Ground Floor, Savitri Nagar. Upon reaching ...

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Dec 11 2017 (HC)

S. K. Engineering Co. Vs.siri Ram Syal Hydro Power Pvt. Ltd

Court: Delhi

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11.12.2017 + CO.PET. 936/2015 and CA36942015 S. K. ENGINEERING CO. ........ Petitioner Through Mr.Sunil Prakash Sharma, Adv. versus SIRI RAM SYAL HYDRO POWER PVT. LTD...... Respondent Through Mr.Samar Bansal, Mr.Kartik Nagarkatti and Ms.Aditi Sharma, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This company petition is filed under Sections 433 (e) read with section 434 (1)(a) of the Companies Act, 1956 seeking to wind up the respondent Company.2. The case of the petitioner is that it entered into an agreement on 20.07.2007 with the respondent for erection of pipes for Horizontal and Vertical works in respect of 1.8 MW Hydro Electric Power Project at Kullu, Himachal Pradesh for Rs. 1,33,00,000/-. On 16.12.2009, a revised contract was entered into. As per the revised terms, Rs.15 lakhs was to be held by the respondent as retention money which was to be released by the respondent to the petitioner aft...

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Dec 11 2017 (HC)

Rudra Bahadur vs.m/s National Insurance Company Ltd. & Ors.

Court: Delhi

$~R-689 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h December, 2017 + MAC APPEAL12722012 RUDRA BAHADUR ..... Appellant Through: Mr. Sanjeev Srivastava, Advocate versus M/S NATIONAL INSURANCE COMPANY LTD. & ORS. Through: Mr. G. Kabir, Adv. for R-1 ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (suit no.52/2010), instituted by the appellant (claimant), on 23.04.2008, the Motor Accident Claims Tribunal (Tribunal), by its judgment dated 21.05.2011, awarded compensation in the total sum of Rs.57,700/-, directing the first respondent (insurer) to pay the same with interest at the rate of 7.5% p.a. for injuries suffered by him in a motor vehicular accident that had occurred on 16.12.2007 involving negligent driving of a motorcycle bearing registration no.DL-9ST-5726 admittedly insured with it for the period in question covering third party risk. The tribunal calculated the compensation thus :-"Medicines and Medical treatme...

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Dec 11 2017 (HC)

M/S Inter Ikea Systems Bv vs.akea Furniture Solutions

Court: Delhi

$~8 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 500/2017 & I.A.No.8601/2017 M/S INTER IKEA SYSTEMS BV ..... Plaintiff Through Ms.Tanya Verma with Ms.Paulami Ganguly, Ms.Eva Bishwal and Ms.Pritika Kohli, Advocates. versus AKEA FURNITURE SOLUTIONS ..... Defendant Through Ms.Radhika Chandrashekhar, Advocate. Date of Decision:11. h December, 2017 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present suit has been filed for permanent injunction restraining infringement of trademark, passing off, rendition of accounts, damages and deliver up.2. On 31st July, 2017, this Court had passed a detailed injunction order restraining the defendant from manufacturing, selling, offering for sale, advertising directly or indirectly dealing in the products under CS(COMM) 500/2017 Page 1 of 3 the mark AKEA or any other similar or identical mark with that of the plaintiffs mark IKEA.3. Today learned counsel for the defendant states that the defendant has stopped using the i...

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Dec 11 2017 (HC)

Reliance General Insurance Co Ltd vs.kaushalya Devi & Ors.

Court: Delhi

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 11, 2017 MAC.APP. 985/2015 RELIANCE GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. Arun Yadav, Advocate Versus KAUSHALYA DEVI & ORS. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Through: Mr. Pratap Singh, Advocates JUDGMENT ORAL Impugned Award of 24th September, 2015 grants compensation of `19,22,352/- to respondents-claimants with interest @10% p.a. on account of death of one Avadh Bihari Singh, aged 45 years, in a vehicular accident on 25th November, 2013.... RESPONDENTS-claimants are the wife, three daughters and father of the deceased.2. The facts of the case stand noted in the impugned Award, need no reiteration. Suffice to note that the income of the deceased has been calculated on minimum wages and 30% addition towards future prospects has been made while relying upon Supreme Courts decision in Rajan Vs. Soly Sebastian & Anr. (2015) 10 SCC506 Learned Motor Accident Claims Tribunal (hen...

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