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Delhi Court September 2017 Judgments

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Sep 19 2017

Fashion to Fashion Export’s vs.m.v.m. Enterprises

Court: Delhi

Decided on: Sep-19-2017

$~47 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 1028/2017 FASHION TO FASHION EXPORTS ........ Petitioner Through: Mr. Nikhil Malhotra and Mr. Pankaj Nanda, Advs. Versus CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW M.V.M. ENTERPRISES Through: None. ..... Respondent ORDER1909.2017 % CM No.34015/2017 (for exemption) 1. Allowed, subject to just exceptions.2. The application is disposed of. CM(M) 1028/2017 & CMs No.34013/2017 (for stay) & 34014/2017 (for condonation of 9 days delay in re-filing) 3. This petition under Article 227 of the Constitution of India impugns the order [dated 21st April, 2017 in M No.47/2016 of the Court of JSCC/ASCJ/G. Judge (North-East), Karkardooma Courts, Delhi]. of dismissal of the application filed by the petitioner (defendant in the suit) for review of the judgment dated 16th May, 2016 in S No.104260/2015 (UID No.02402C300442011) of the Court of JSCC/ASCJ/Guardian Judge (North- East), Karkardooma Courts, Delhi decreeing the suit of the respondent again...


Sep 19 2017

Jasmeet Kaur vs.navtej Singh

Court: Delhi

Decided on: Sep-19-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI * + MAT.APP.(F.C.) 3/2017 and CM APPL. 896-897/2017, 899/2017 IN THE MATTER OF: JASMEET KAUR NAVTEJ SINGH Reserved on:29. 08.2017 Date of decision:19. 09.2017 Through: Mr. Jayant Bhatt, Advocate with Mr. Vipan Kumar and Ms. Jyoti Sharma, Advocates ..... Appellant versus Through: Mr. Anil Malhotra, Advocate with Mr. Ranjit Malhotra and Mr. Rajat Bhalla, Advocates ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA HIMA KOHLI, J.1. The present appeal arises out of an order dated 26.12.2016, passed by the learned Family Court, allowing an application filed by the respondent/husband under Order VII Rule 11 CPC, for dismissal of a petition filed by the appellant/wife under Sections 7, 9, 11 and 25 of the Guardians and Wards Act, 1890 (herein after referred to as the G&W Act) read with Section 6(a) of the Hindu Minority and Guardianship Act, 1956.2. The facts giving rise to the present appeal are as follows. In the y...


Sep 19 2017

The Oriental Insurance Co. Ltd. Vs.surender Kumar Devgun & Ors.

Court: Delhi

Decided on: Sep-19-2017

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h September, 2017 + MAC APPEAL No.177/2016 THE ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Adv. versus SURENDER KUMAR DEVGUN & ORS. ........ RESPONDENTS Through: Mr. B.K. Sharma, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent (claimant) was 64 years old working as Manager with a private entity (RDA Overseas Pvt. Ltd.) when he suffered injuries in a motor vehicular accident that occurred on 23.05.2007, it involving two motor vehicles one being Rajasthan Roadways bus bearing registration No.RJ01PA0648(bus) and the other being Trolla truck bearing registration No.HR38 5077 (the truck). He instituted accident claim case (MACT10782007) on 15.12.2007 impleading the driver, owner and insurer of the truck, they now being the second and third respondents in addition to the appellant respectively in the appeal. After inquiry, the tribunal upheld the case of the claim...


Sep 19 2017

Lal Chand vs.union of India & Anr.

Court: Delhi

Decided on: Sep-19-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 19, 2017 + W.P.(C) 206/2016 LAL CHAND ........ Petitioner Through: Mr. Arun Kumar Kaushik, Advocate Versus UNION OF INDIA & ANR. ........ RESPONDENTS Through: Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for respondent- L&B/LAC Mr. Dhanesh Relhan & Ms. Gauri, Advocates for respondent No.2-DDA CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR S. RAVINDRA BHAT, J.(OPEN COURT) 1. The petitioner claims a direction that the lands in Khasra No.51min (02-00), situated in the revenue estate of village Kilokari, New Delhi be declared free from acquisition in terms of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereafter referred to as the Act of 2013).2. In the present case, notification Section 4 of the then prevalent Land Acquisition Act (of 1894) was of 23.06.1989. Later, a declaration under Sec...


Sep 19 2017

Global Infonet Distribution Pvt. Ltd. Vs.center for Vocational and Ent ...

Court: Delhi

Decided on: Sep-19-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:05. h September, 2017 Pronounced on:19. h September, 2017 + CO.PET. 360/2015 GLOBAL INFONET DISTRIBUTION PVT. LTD. Through : Mr.Asit Tewari, Advocate. ........ Petitioner versus CENTER FOR VOCATIONAL AND ENTREPRENEURSHIP STUDIES ..... Respondent Through : Mr.Uttam Datt, Mr.Tarun Sharma, and Ms.Riya Gulati, Advocates. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. The petitioner company is engaged in trading and distribution of Computers, Laptops, Computer Hardware, Software and other Computer Components etc. and is an authorized distributor of Microsoft for its software products which are sold on license basis.2. The International Institute of Planning and Management Pvt. Ltd., was incorporated on 29.12.2006 and it got merged into Planman Financials Private Limited in the year 2010 vide a judgment dated 14.09.2010 passed by this court in CA No.87/2010 and Company Petition No.211/2010. The Planman Financials Pvt. C...


Sep 19 2017

Atlanta Pba Jv Mumbai vs.national Highway Authority of India and Ors

Court: Delhi

Decided on: Sep-19-2017

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6782/2010 & CM134172010 ATLANTA PBA JV MUMBAI ........ Petitioner Through Mr Chirag M. Shroff, Advocate with Ms Monisha Suri, Advocate. versus NATIONAL HIGHWAY AUTHORITY OF INDIA AND ORS ........ RESPONDENTS Through Ms Gunjan Sinha Jain, Advocate with Ms Bhavana Singh, Mr Mukesh Kumar, Advocates NHAI. Mr Srishti Nigam, Advocate for SBI. Mr Atul Kumar, Advocate for R4, Canara Bank. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1909.2017 VIBHU BAKHRU, J1 The petitioner is a consortium comprising of two companies - M/s Atlanta Ltd. and M/s PBA Infrastructure Ltd. The petitioner has filed the present petition, inter alia, praying as under:-"i) to issue a writ of certiorari thereby quashing the letter No.NHAI/BOT/11019/02/05/07/335 dated 14.9.2010; ii) to issue a writ of prohibition restraining respondent No.1 from invoking/partially invoking the bid security provided by the petitioner in the nature of form of bank guarantees bearing...


Sep 19 2017

Mr. Neeraj Jain & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Sep-19-2017

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1711/2017 MR. NEERAJ JAIN & ORS. ........ Petitioners Through Mr.Neeraj Thakkar, Adv. with petitioner no.1 in person. versus STATE & ANR. ........ RESPONDENTS Through Mr.Rajesh Mahajan, ASC for State with SI Rita, P.S. Prashant Vihar. Mr.Pawan Vashisth, Adv. for R-2 with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL1 2. ORDER1909.2017 % Respondent no.2 is present in court. She is being represented by her counsel. She is duly identified by IO SI Rita. The petitioners have 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.769/2014, registered on 06.07.2014 against them with Police Station Prashant Vihar, Outer District, Delhi, under Sections 498-A/4IPC on the complaint of respondent No.2. W.P. (Crl.) No.1711/2017 Page 1 of 3 3.4. 5.6. 7.8. 9. The marriage of ...


Sep 19 2017

Noor Mohammad vs.state

Court: Delhi

Decided on: Sep-19-2017

$~12&13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:19. h September, 2017 + CRL.A. 72/2014 + AFSANA STATE CRL.A. 102/2014 Through: Ms. Manika Tripathy Pandey & ..... Appellant Mr. Ashutosh Kaushik, Advocates. Versus Through: Mr. Rajat Katyal, APP ..... Respondent NOOR MOHAMMAD ..... Appellant Through: Mr. Azhar Qayum, Advocate. STATE Versus Through: Mr. Rajat Katyal, APP ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J.(ORAL) 1. Both the appeals have been heard together with the consent of the parties. Arguments have been addressed by the learned counsel for the parties and the same are being disposed of by a common judgment. CRL. Appeal No.72/2014 & 102/2014 Page 1 of 17 2. Both the appeals have been filed under Section 374 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C.) against the judgment dated 20.04.2013 by which the appellant Noor Mohammed has been held guilty for the offence under S...


Sep 19 2017

Ravinder Singh @ Pappu vs.the State (Nct of Delhi)

Court: Delhi

Decided on: Sep-19-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: September 12, 2017 Judgment Delivered on: September 19, 2017 CRL.A. 425/2017 RAVINDER SINGH @ PAPPU ..... Appellant Through: Ms.Saahila Lamba, Advocate with appellant in custody versus THE STATE (NCT OF DELHI) ..... Respondent Through: Ms.Kusum Dhalla, APP for the State CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI JUDGMENT1 The appellant Ravinder Singh @ Pappu has impugned the judgment dated 28th January, 2017 and the order on sentence dated 31st January, 2017 whereby he has been convicted for committing the offence punishable under Section 376 IPC and sentenced to undergo RI for seven years with pay a fine of `5,000/- and in default of payment of fine, to undergo SI for one month.2. According to the prosecution case, on 28th October, 2015 on receipt of DD No.11A Ex.PW-9/D at PS Mehraulli, the investigating officer reached the place of occurrence where they met the complainant/prosecutrix D PW-1 (name withheld to conceal ...


Sep 19 2017

United India Insurance Co. Ltd. Vs.ravinder Kumar Sood & Ors.

Court: Delhi

Decided on: Sep-19-2017

$~R-225 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 470/2010 Decided on:19. h September, 2017 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani and Mr. P. Acharya, Advocates versus RAVINDER KUMAR SOOD & ORS. ........ RESPONDENTS Through: None CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Akanksha Sood, a bachelor, aged about 25 years, having attained the Degree of Bachelor of Business Administration, employed at a gross annual salary of Rs.3,04,000/- suffered injuries in a motor vehicular accident that occurred on the intervening night of 25.07.2003 and 26.07.2003 due to the negligent driving of a truck trailor bearing registration no.HR-29G-3067 and died in the consequence. It may be added here that the deceased was travelling at the time of the accident in Ambassador car bearing registration no.HR-55BT-1239 which had been hit by the said truck from wrong side, this becoming the cause of the accident. The parents and siblings of the deceas...


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