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Delhi Court December 2017 Judgments

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Dec 07 2017 (HC)

M/S m.u Eating Point & Anr. Vs.capt. Aman and Ors.

Court: Delhi

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:07. 12.2017 CS(COMM) 1285/2016 M/S M.U EATING POINT & ANR. ... Plaintiffs Through Mr. Ashutosh Kumar, & Mr. Zuhaib Khan Advocates. versus CAPT. AMAN AND ORS. CORAM: HON'BLE MR. JUSTICE JAYANT NATH Through ..... Defendants... RESPONDENTS are Ex-parte. JAYANT NATH, J.(ORAL) 1. Arguments have been heard in this suit. Vide order dated 22.12.2014 Defendant No.2 was proceeded ex-parte. Similarly, vide order dated 23.08.2017 defendant No.3 was also proceeded ex-parte. None has appeared on behalf of the defendants even today. I may note that, vide order dated 19.2.2015 a consent decree has already been passed against defendant No.1 in terms of prayer (a) & (b) of the plaint.2. Plaintiff No.1, namely, M/s M.U Eating Point, is a sole proprietorship concern operated by one Mr. Mohammad Usman. Plaintiff No.2, Tunday Kababi Private Limited, is a private limited company incorporated in the year 2010 under the laws of India. Mr. Mohamm...

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Dec 07 2017 (HC)

Suresh Chander vs.sabir Ali & Anr

Court: Delhi

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :7. h DECEMBER, 2017 SURESH CHANDER RSA3442016 & CM4278816 ..... Appellant Through : Mr.S.B.S.Vashistha, Advocate. versus Through : Mr.Darshan Singh, Advocate for R1. SABIR ALI & ANR CORAM: HON'BLE MR. JUSTICE S.P.GARG ........ RESPONDENTS + S.P.GARG, J.(Oral) 1. Present Regular Second Appeal has been preferred by the appellant to challenge the legality and correctness of a judgment dated 02.07.2016 of learned Addl. District Judge in RCA No.32/2015 whereby findings recorded by the learned Civil Judge in CS No.870/2013 by an order dated 13.07.2015 were affirmed.2. During the course of arguments, it revealed that the suit was filed by the appellant to restrain the respondents from dispossessing him from the suit premises otherwise than in due course of law. The suit was dismissed primarily on the ground that the Court did not have jurisdiction to entertain the suit as the property belonged to Wakf Board and under Section 85 of the...

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Dec 07 2017 (HC)

Tv18 Home Shopping Network Limited vs.m/s Indiaontime Express Pvt Ltd ...

Court: Delhi

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 3309/2015 & I.A. 5964/2017 TV18 HOME SHOPPING NETWORK LIMITED ..... Plaintiff Through Mr. Sumant Dey, Advocate versus M/S INDIAONTIME EXPRESS PVT LTD & ORS .....Defendants Through None Date of Decision:07. h December, 2017 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) I.A. 5964/2017 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 recovery of Rs.2,06,65,318/- along with interest and damages. The prayer clause in the present suit is reproduced hereinbelow:-"(a) Pass a decree for a sum of Rs.1,69,57,826/- (Rupees One Crore sixty nine lacs fifty seven thousand eight hundred twenty six only) along with pendent lite and future interest @ 12% p.a. which is the agreed contractual rate CS (OS) 3309/2015 Page 1 of 11 3. of interest in favour of the Plaintiff and against the Defendants jointly and/or severally; a...

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Dec 07 2017 (HC)

Innovative Textiles Pvt. Ltd & Anr. Vs.hem Chand Sharma & Anr

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h December, 2017. CS(OS) 1079/2009 INNOVATIVE TEXTILES PVT. LTD & ANR. ..... Plaintiffs Through: Dr. Farrukh Khan, Mohd. Wasiq Khan and Ms. Rita Dey, Advs. Versus HEM CHAND SHARMA & ANR ..... Defendants Through: Mr. V.K. Gupta, Sr. Adv. with Ms. Ruchira Gupta, Mr. Sanjeev Mahajan and Mr. Anurag Sharma, Advs. for D-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.14463/2017 (for exemption) 1. Allowed, subject to just exceptions.2. The application is disposed of. IAs No.14462/2017 & 14464/2017 (both of D-2 and LR of D-1 u/O XXXVII R-4 CPC & for condonation of 520 days delay in applying therefor) 3. The two plaintiffs namely M/s Innovative Textiles Pvt. Ltd. and M/s Grafax Cotton Pvt. Ltd. instituted the suit aforesaid, under Order XXXVII of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs.2,20,50,000/- jointly and severally from the two defendants namely Hem Chand Sharma and Anmol Sharma. This suit was so e...

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Dec 07 2017 (HC)

Sushant Kumar Dass vs.state

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:7. h December, 2017 CRL.A. 960/2017 & Crl.M.B. 1820/2017 ..... Appellant Represented by: Mr. Ankur Sood, Ms. Romila versus Mandal, Advs. SUSHANT KUMAR DASS CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) STATE Represented by: Mr. Hirein Sharma, APP. ..... Respondent 1. By the present appeal the appellant challenges the judgment dated 16th December, 2016 convicting him for offence punishable under Sections 452 and 307 IPC and the order on sentence dated 20th December, 2016 directing him to undergo rigorous imprisonment for a period of 3 years and to pay a fine of 20,000/- in default whereof to undergo simple imprisonment for 4 months for offence punishable under Section 452 IPC and to undergo rigorous imprisonment for 4 years and to pay a fine of 30,000/- in default whereof to undergo simple imprisonment for 6 months for offence punishable under Section 307 IPC. From the amount of fine if realized, a sum of 40,000/- i...

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Dec 06 2017 (HC)

Jaleshwar Majhi vs.state

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1351/2014 & CRL.MB19212017 Reserved on:20. h November, 2017 Decided on:6. h December, 2017 JALESHWAR MAJHI STATE Through: Mr. Jivesh Tiwari, Advocate. ...Appellant versus Through: Ms. Kusum Dhalla, APP for State... RESPONDENTCORAM: JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA % Dr. S. Muralidhar, J.: JUDGMENT0612.2017 1. This is an appeal against the judgment dated 5th June 2014 passed by the learned Additional Sessions Judge in Sessions Case No.arising out of FIR No.registered at Police Station (PS) Dwarka Sector-23, convicting the Appellant for the offence under Section 302 Indian Penal Code (IPC) for murdering his wife Manju (the deceased) and the order on sentence of the same date whereby the Appellant was sentenced to undergo rigorous imprisonment for life for the offence under Section 302 IPC and in addition, to pay a fine of Rs.5,000/- and in default of payment of fine, to undergo simple imprisonment for three months. Crl. Appeal...

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Dec 06 2017 (HC)

Vikrant vs.union of India and Ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: December 06, 2017 (15) + W.P.(C) 7202/2017 (16) + W.P.(C) 7213/2017 (17) + W.P.(C) 7220/2017 (18) + W.P.(C) 7536/2017 & CM APPL. 31094/2017 HITENDER AJAY KUMAR VIKRANT NISHANT & ORS .....Petitioners Through: Mr. Rahul Sinha and Mr. Nitin K. Gupta, Advocates Mr. Nishant Shokeen, Advocate (W.P.(C) 7536/2017) versus UNION OF INDIA AND ORS .....Respondents Through: Mr. Arun Bhardwaj, CGSC for respondent-UOI Mr. Manoj, Standing Counsel and Ms. Aparna Singh, Advocate for respondent-FCI Mr. Ruchir Mishra, Mr. Mukesh Kumar Tiwari and Mr. Abhishek Rana, Advocate with Mr. S.C. Kashyap, Under Secretary for respondent- SSC (in W.P.(C) 7536/2017) CORAM: HON'BLE MR. JUSTICE SUNIL GAUR W.P.(C) 7202/2017 & connected matters Page 1 of 3 ORDER (ORAL) 1. With the consent of learned counsel for the parties, the above- captioned four petitions are taken up together for hearing and are being disposed of by this common order.2. In above-captioned four ...

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Dec 06 2017 (HC)

Lucknow Medical Agencies vs.raj Kumar (Second)

Court: Delhi

$~22 * + IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : DECEMBER06 2017 RSA522015 LUCKNOW MEDICAL AGENCIES ..... Appellant Through : Mr.V.K.Mishra, Advocate. versus RAJ KUMAR (Second) ..... Respondent Through : Mr.R.P.Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P GARG, J.(ORAL) 1. Lucknow Medical Agencies (hereinafter the appellant) has preferred the present appeal under Section 100 of the Civil Procedure Code to challenge the legality and correctness of a Judgment dated 21.10.2014 of learned Additional District Judge in RCA No.2/2013 tilted M/S Lucknow Medical Agencies vs.Raj Kumar (Second) whereby findings of the Trial Court in the judgment and decree dated 21.01.2013 in Suit No.247/2006 were confirmed. The appeal is contested by the respondent.2. I have heard the learned counsel for the parties and have examined the file. It is relevant to note that the appellant had filed a suit against the respondent for the recovery of `1,56,020.54 claiming that the respondent d...

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Dec 06 2017 (HC)

M/S Antony Road Transport Solutions Pvt. Ltd. Vs.govt. Of Nct of Delhi ...

Court: Delhi

Date of decision :6. h December, 2017 $~16 to 19 *IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 4104/2017 and CM No.18000/2017 A B GRAIN SPIRITS PVT. LTD. & ANR. ........ Petitioners Through : Ms. Tanmaya Mehta, Adv. GOVERNMENT OF NCT OF DELHI versus ..... Respondent Through : Mr. Sanjoy Ghose, ASC for GNCTD with Mr. Rishabh Jetley and Ms. Urvi Mohan, Advs. CM No.30128/2017 in + W.P.(C) 4263/2017 M/S METRO TRANSIT PVT. LTD. Through : Mr. Sushil Dutt Salwan, ........ Petitioner GOVT. OF NCT OF DELHI & ORS versus ...... RESPONDENTS Mr. Aditya Garg, Ms. Sunanda and Mr. Arjun, Advs. Through : Mr. Sanjoy Ghose, ASC for GNCTD with Mr. Rishabh Jetley and Ms. Urvi Mohan, Advs. CM Nos.18748/2017 & 29892/2017 in + W.P.(C) 4297/2017 M/S ANTONY ROAD TRANSPORT SOLUTIONS PVT. LTD. Through : Mr. Sushil Dutt Salwan, ........ Petitioner Mr. Aditya Garg, Ms. Sunanda and Mr. Arjun, Advs. Page 1 of 7 GOVT. OF NCT OF DELHI & ORS versus ...... RESPONDENTS Through : Mr. Sanjoy Ghose, ASC for GNCTD with...

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Dec 06 2017 (HC)

Surinder Pal @ Surinder Kumar vs.the New India Assurance Company Ltd.

Court: Delhi

$~R-656 & 657 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:06. h December, 2017 + MAC APPEAL11872012 and CM192162012 THE NEW INDIA ASSURANCE COMPANY LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate versus SURINDER PAL @ SURINDER KUMAR & ORS. ........ RESPONDENTS Through: None + MAC APPEAL8322013 SURINDER PAL @ SURINDER KUMAR ..... Appellant Through: None versus THE NEW INDIA ASSURANCE COMPANY LTD. Through: Mr. Pankaj Seth, Advocate ... Respondent CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent in MACA11872012 (claimant) was travelling as a passenger in three wheeler scooter bearing registration no.DL-1RB-5604 on 10.10.1997 when it came to be involved in an accident turning turtle resulting in he suffering injuries. The accident MACA11872012 & 832/2013 Page 1 of 5 claim case (suit no.227/2011/1998) was instituted with all promptitude on 25.03.1998 on his behalf by his wife claiming herself to be the next friend describing him to have been rend...

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