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Delhi Court September 2017 Judgments

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Sep 25 2017

Babul vs.state (Nct of Delhi)

Court: Delhi

Decided on: Sep-25-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI BABUL Judgment Reserved on: September 21, 2017 Judgment Delivered on: September 25, 2017 CRL.A. 429/2017 Through: Mr.S.K.Sethi, Advocate with ..... Appellant brother of the appellant versus STATE (NCT OF DELHI) ..... Respondent Through: Ms.Kusum Dhalla, APP for the State with ASI Jaiveer Singh PS Khajuri Khas CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI JUDGMENT1 The present appeal is directed against the judgment dated 25th May, 2016 and order on sentence dated 26th May, 2016 whereby the appellant has been convicted for committing the offence punishable under Section 363/366/377 IPC and sentenced as under:-"(i) Under Section 363 IPC (ii) Under Section 366 IPC R.I. for a period of 7 years with fine of ` 2,000/- and in default, to undergo SI for one month R.I. for a period of 7 years with fine of ` 2,000/- and in default, to undergo SI for one month CRL.A. No.429/2017 Page 1 of 12 (iii) Under Section 376 IPC R.I. for a period of 7 years with fin...


Sep 25 2017

Precious Hospitality and Leisure Pvt. Ltd. & Ors. Vs.s E Investment Li ...

Court: Delhi

Decided on: Sep-25-2017

$~19 & 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 09.2017 O.M.P. (COMM) 426/2016 PRECIOUS HOSPITALITY AND LEISURE PVT.LTD. & ORS. versus S E INVESTMENT LIMITED + OMP (ENF.) (COMM.) 78/2016 S.E. INVESTMENTS LTD. versus PRECIOUS HOSPITALITY AND LEISURE PRIVATE LIMITED & ORS. Advocates who appeared in this case: For the... Petitioner(s) ........ Petitioners ..... Respondent ........ Petitioner ......... RESPONDENTS : Mr. Rahul Malhotra and Mr. Rishu Kant Sharma, Advs. for Precious Hospitality & Leisure Pvt. Ltd. For the Respondent(s) : Mr. P. Nagesh, Adv. for S.E. Investments Ltd. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2509.2017 SANJEEV SACHDEVA, J.(ORAL) O.M.P. (COMM.) 426/2016 has been filed by Precious 1. O.M.P) (COMM.) 426/2016 & OMP (Enf) (Comm.) 78/2016 Page 1 of 3 Hospitality And Leisure Pvt. Ltd. under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) seeking setting aside of award dated 04.12.20...


Sep 25 2017

M/S. Ogene Systems India Ltd. Vs.technology Development Board

Court: Delhi

Decided on: Sep-25-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI FAO (OS) 95/2017 + M/S. OGENE SYSTEMS INDIA LTD. ........ Petitioner Through: Mr.Avijit Mani Tripathi with Mr.Kumar Abhishek, Advs. TECHNOLOGY DEVELOPMENT BOARD . Respondent versus Through: Mr.Jeevesh Mehta with Ms.Shivani Tandon, Advs. CORAM: HONBLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR ORDER2509.2017 % C. HARI SHANKAR, J.1. We had, on 25th September 2017, dismissed this appeal, stating that the reasons therefore would follow. This judgment proceeds to record the reasons for our decision.2. This appeal under Section 37(i) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) assails an order dated 10th January, 2017, passed by the learned Single Judge, in a petition preferred before him, by the appellant, under Section 34 of the Act.3. To infuse some clarity in the prefatory recitation of facts that follows, the appellant and respondent are referred to , hereinafter, as Ogene and TDB respecti...


Sep 25 2017

Shikha Jain vs.national Insurance Co. Thr Manager

Court: Delhi

Decided on: Sep-25-2017

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h September, 2017 + MAC.APP. 283/2015 and CM346992017 (early hearing) SHIKHA JAIN Through: Mr. S.S. Jain, Advocate ..... Appellant versus NATIONAL INSURANCE CO. THR MANAGER Through: None ..... Respondent CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (suit no.723/2011) of the appellant herein, instituted on 08.08.2011, the Motor Accident Claims Tribunal (Tribunal), by judgment dated 30.04.2013, had awarded total compensation in the sum of Rs 22,60,083/- in their favour fastening the liability on National Insurance Company (respondent). The insurance company had challenged the said judgment and award by MACA7762013. During the pendency of the said appeal of the insurer, the appellants herein filed cross-objections (CM7752015) which were directed to be registered as an independent appeal by order dated 09.02.2015. The appeal at hand is the appeal registered on the basis of the said cross-obje...


Sep 25 2017

Manju Gupta & Ors vs.kanhiya Lal Duggal & Ors

Court: Delhi

Decided on: Sep-25-2017

$~5 & 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 640/2012 Decided on:25. h September, 2017 KANHIYA LAL DUGGAL ..... Appellant Through: Mr Akshay Bhandari for Mr. Rohit Nagpal, Advocate versus MANJU GUPTA & ORS ........ RESPONDENTS Through: Mr. Jatinder Kamra, Advocate for R-1 to 5 Mr. Pankaj Gupta for Ms. Suman Bagga, Advocate for R-7 Mr. Shoumik Mazumdar, Adv. for R-10 + MAC.APP. 320/2010 MANJU GUPTA & ORS ..... Appellants Through: Mr. Hitender Kapur, Advocate versus KANHIYA LAL DUGGAL & ORS ........ RESPONDENTS Through: Mr. Pankaj Gupta for Ms. Suman Bagga, Advocate for R-2 Mr. Shoumik Mazumdar, Adv. for R-5 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) MAC A Nos.640/2012 & 320/2010 Page 1 of 6 1. Parveen Kumar was travelling in a Scorpio car bearing registration no.DL-3C-AH3000with Gurvinder Singh on 13.09.2007, it being driven by Kanhiya Lal Duggal (appellant in MACA6402012) (hereinafter referred to as the car driver) who is also the owner of the car. The car ca...


Sep 25 2017

The New India Assurance Co Ltd vs.surendra Bhati & Ors

Court: Delhi

Decided on: Sep-25-2017

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h September, 2017 THE NEW INDIA ASSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate + MAC.APP. 687/2016 and CM351912017 SURENDRA BHATI & ORS versus ........ RESPONDENTS Through: Mr. Jatinder Kamra, Adv. for R-1 to 3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Mithlesh Bhati, a house wife, aged about 37 years old, died on account of the injuries suffered in a motor vehicular accident that occurred on 25.10.2014, it involving negligent driving of a car bearing registration no.DL-1Y-D-9477, admittedly insured against third party risk with the appellant insurance company. On the accident claim case (suit no.44/2015) filed by the first to third respondents (collectively, the claimants) the Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 16.07.2016, awarded total compensation in the sum of Rs.23,71,950/- directing the insurance company to pay with interest at the rate of 9%...


Sep 25 2017

New India Assurance Company Ltd vs.harbans Kaur ( Since Deceased) Thr ...

Court: Delhi

Decided on: Sep-25-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~22 * % + Date of Decision:25. h September, 2017 FAO4202016 & CM Appl. No.31583/2016 NEW INDIA ASSURANCE COMPANY LTD ...... Appellant Through Mr. Vinod Trisal, Adv. versus HARBANS KAUR ( SINCE DECEASED) THR LEGAL HEIRS & ANR ........ RESPONDENTS Through Ms. Pratima N. Chauhan, Adv. for R1. Mr. Nitish Negi, Adv. on behalf of Mr. Ankur Chhibber, Adv. for GNCTD. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The appellant has challenged the order dated 09th May, 2016 whereby 1. compensation of Rs.3,38,880/- has been awarded to respondent No.1.2. Respondent No.1 filed an application for compensation before the Commissioner, Employees Compensation claiming that her son, Hardeep Singh was employed as a driver on vehicle No.RJ-06-GA-6980 owned by respondent No.2; on 05th November, 2013, the vehicle was booked for transporting goods from Hyderabad to Delhi; Hardeep Singh fell down while tightening the ropes and broke his back bone; Hardeep Singh ...


Sep 25 2017

Ahuja Radios vs.h K Sound Electronics & Anr

Court: Delhi

Decided on: Sep-25-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:20. h September, 2017 Pronounced on:25. h September, 2017 + CS(COMM) 1368/2016 AHUJA RADIOS Through : Mr.Raunaq ..... Plaintiff and Kamath Ms.Prakriti Sharma, Advocates. versus H K SOUND ELECTRONICS & ANR ..... Defendants CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA Through : None being ex parte. YOGESH KHANNA, J.1. The plaintiff has filed this suit for permanent injunction, infringement of trademark, passing off, damages, dilution, rendition of accounts against the defendants.2. The plaintiff is a partnership firm registered under the Partnership Act and instituted this suit through Shri Sandeep Ahuja, partner. The plaintiff claims to be the largest manufacturer of Public Address System (PAS) and audio equipments in India. The plaintiff has been engaged in the developing, marketing, exporting of various PAS and audio equipments under the trademark AHUJA, since the year 1940. One of the best selling products of the plaintiff compan...


Sep 25 2017

Shashi & Ors. Vs.saroj Madan and Ors.

Court: Delhi

Decided on: Sep-25-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SHASHI & ORS. RSA No.236/2017 25th September, 2017 ..... Appellants Through: Mr. H.S. Dahiya, Advocate. versus SAROJ MADAN AND ORS. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ........ RESPONDENTS To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.35208/2017 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. C.M. Appl. Nos. 35207/2017 and 35209/2017 (for delays) These are applications seeking condonation of delays of 8 days in filing the appeal and 21 days in re-filing the appeal. For the reasons stated in the application the same are allowed and the delays in filing and re-filing the appeal are condoned. RSA No.236/2017 Page 1 of 11 C.M. stands disposed of. RSA No.236/2017 and C.M. Appl. No.35206/2017 (for stay) 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellants, and who are the legal heirs of th...


Sep 25 2017

Gagan Gandhi vs.directorate of Education and Anr

Court: Delhi

Decided on: Sep-25-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: September 19, 2017 Judgment delivered on: September 25, 2017 + W.P.(C) 417/2017, CM No.1927/2017 + W.P.(C) 4215/2017, CM Nos. 18456/2017, 20438-20439/2017 GAGAN GANDHI ALPANA GAUTAM ........ Petitioner versus Through: Mr. V.K. Tandon, Adv. with Mr. Pardeep Kumar, Advs. (W.P.(C) No.417/2017) Mr. Amit Trikha, Adv. (W.P.(C) No.4215/2017) DIRECTORATE OF EDUCATION AND ANR ..... Respondent Through: Mr. Anuj Aggarwal, ASC (GNCTD) CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 These two petitions even though for different reliefs have been filed, by Teachers working in the same School and are contenders for the post of Vice-Principal, as such being inter connected, and Ms. Gagan Gandhi had sought her impleadment in W.P.(C) 4215/2017 and further the learned counsel for the parties during the hearing on July 10, 2017, have stated they have no objection, if both the petitions are decided together, the same are b...


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