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Delhi Court September 2017 Judgments

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Sep 18 2017

M/S Xpress Logistics Service vs.inditex Trent Retail India (P) Ltd.

Court: Delhi

Decided on: Sep-18-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1858/2015 M/S XPRESS LOGISTICS SERVICE ..... Plaintiff Through: Mr. Ravi Gupta, Senior Advocate with Mr.Sachin Jain and Ms.Mallika Bhatia, Advocates. versus INDITEX TRENT RETAIL INDIA (P) LTD. ..... Defendant Through: Mr. Ashim Sood with Ms.Vatsala Rai, Advocates. Reserved on :07. h August, 2017 Date of Decision:18. h September, 2017 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J I.A.No.12583/2016 1. Present application has been filed by the defendant under Section 10 of the Code of Civil Procedure (hereinafter referred to as 'CPC') seeking stay of the present suit. The application is premised on the fact that the defendant herein has filed a prior suit before the Bombay High Court being Suit No.370/2015 and the issues in the said suit as well as the present suit are directly or substantially the same and can be dealt with in the Bombay suit in its entirety. CS (OS) 1858/2015 Page 1 of 11 2. Mr. Ashim Sood, learned couns...


Sep 18 2017

Bhagat Singh & Ors. Vs.state of Nct of Delhi & Anr

Court: Delhi

Decided on: Sep-18-2017

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3155/2017 BHAGAT SINGH & ORS. ........ Petitioners Through: Mr.S.N. Bhardwaj, Advocate with petitioners in person. versus STATE OF NCT OF DELHI & ANR ........ RESPONDENTS Through: Ms. Aashaa Tiwari, APP for the State along with SI Kailash Chand, PS R.K. Puram, New Delhi. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER1809.2017 Status report has been filed. The petitioners have approached this court under Section 482 of Code of Criminal Procedure, 1973 (in short Cr.P.C.) for quashing of the FIR bearing No.575/2014, registered against them on 12.08.2014 with Police Station R.K.Puram, District South, Delhi under Sections 323/341/354(D)/506/509 IPC on the complaint of respondent No.2. Learned ASC through the IO submits that the charge sheet has already been filed. However, the charge has so far not been framed by the Trial Court. As per allegations in the FIR, the petitioner No.1 used to follow, % 1.2. 3.4. Crl...


Sep 18 2017

M/S Shri Ram General Insurance Co. Ltd. Vs.saroj & Anr.

Court: Delhi

Decided on: Sep-18-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.67/2017 + % M/s SHRI RAM GENERAL INSURANCE CO. LTD. ..... Appellant Through: Ms. Meenakshi Midha and Mr. 18th September, 2017 SAROJ & ANR. Kapil Midha, Advocates. versus ........ RESPONDENTS Through: Ms. Shivali Gautam, Advocate for R-1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.5105/2017 (for condonation of delay) This is an application seeking condonation of delay of 112 days in filing the appeal. For the reasons stated in the application the same is allowed and the delay in the appeal is condoned. C.M. stands disposed of. FAO No.67/2017 and C.M. Appl. No.5103/2017 (for stay) 1. This first appeal under Section 30 of the Employees Compensation Act, 1923 is filed by the Insurance Company FAO No.67/2017 Page 1 of 12 impugning the judgment of the Employees Compensation Commissioner dated 29.7.2016 by which the Employees Compensation Commissioner has allowed the...


Sep 18 2017

Hughes Communication India Limited & Ors. Vs.toppers Classes Private L ...

Court: Delhi

Decided on: Sep-18-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Delivered on:18. h September, 2017 + CO.PET. CO.PET. 281/2015 HUGHES COMMUNICATION INDIA LIMITED & ORS. ........ Petitioners Through : Mr.Ankur Mahindroo and Ms.S. Choudhary and Ms.Aarzoo Arya, Advocates. versus TOPPERS CLASSES PRIVATE LIMITED ..... Respondent Through : None. CORAM: HON'BLE MR.JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. Between 28.06.2012 to 11.04.2013 the respondent company had placed certain purchase orders on the petitioner for purchase of KU band VSAT equipments and for availing bandwidth services.2. From 29.01.2013 to 10.10.2013 the invoices were raised by the petitioners on the respondent company in lieu of various KU band VAST and bandwidth services availed by the respondent company. On 23.10.2013 and on 20.01.2014 emails were sent by the petitioner to the respondent company informing about the outstanding dues as per its Co. Petition No.281/2015 Page 1 of 5 books of accounts maintained by it and requesting it to clea...


Sep 18 2017

Uttar Pradesh State Road Transport Corporation vs.gulbahar & Ors

Court: Delhi

Decided on: Sep-18-2017

$~14 to 16 (common order) * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. h September, 2017 + MAC.APP. 107/2017 and CM APPL.4193/2017 UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Ms. Garima Prashad, Advocate with Mr. Shadab Khan, Advocate versus SABRA & ANR ........ RESPONDENTS Through: Mr. Yogesh Swaroop, Advocate with Mr. Alok K. Palai, Advocate + MAC.APP. 109/2017 and CM APPL.4260/2017 UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Ms. Garima Prashad, Advocate with Mr. Shadab Khan, Advocate versus GULBAHAR & ORS ........ RESPONDENTS Through: Mr. Yogesh Swaroop, Advocate with Mr. Alok K. Palai, Advocate + MAC.APP. 113/2017 and CM APPL.4409/2017 UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Ms. Garima Prashad, Advocate with Mr. Shadab Khan, Advocate versus SHAMA & ORS ........ RESPONDENTS Through: Mr. S.M. Zulfiqar Alam, Advocate with Ms. Ranny, Advocate MAC A1072016 etc. Page 1 of 6 CORAM: HON'BLE ...


Sep 18 2017

New India Assurance Company Ltd vs.gopal & Ors

Court: Delhi

Decided on: Sep-18-2017

$~1, 13 & 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 742/2017 Decided on:18. h September, 2017 GOPAL .... Appellant Through: Mr. S.N. Parashar and Ms. Pankaj Kumari, Advocates versus NEW INDIA ASSURANCE CO LTD & ORS ........ RESPONDENTS Through: Mr. Vijay Singh and Mr. Abhishek Kumar, Advocates for R-1 + MAC.APP. 1110/2016 and CM479712016 NEW INDIA ASSURANCE COMPANY LTD ..... Appellant Through: Mr. Vijay Singh and Mr. Abhishek Kumar, Advocates versus GOPAL & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar and Ms. Pankaj Kumari, Advocates for R-1 + MAC.APP. 197/2017 RAMESH CHAND JAIN ..... Appellant Through: Mr. Navneet Goyal, Adv. versus MAC A74217, 11& 197/2017 Page 1 of 4 THE NEW INDIA ASSURANCE CO LTD & ORS ........ RESPONDENTS Through: Mr. Vijay Singh and Mr. Abhishek Kumar, Advocates for R-1 Mr. S.N. Parashar and Ms. Pankaj Kumari, Advocates for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Insurer (appellant in MACA11102016), and the claimant (appel...


Sep 18 2017

Ram Chander Singh & Ors. Vs.union of India & Ors.

Court: Delhi

Decided on: Sep-18-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 18, 2017 + W.P.(C) 9333/2014 & C.Ms. 21130/2014 & 33201/2017 RAM CHANDER SINGH & ORS. ........ Petitioners Through: Ms. Setu Niket, Ms. Esha Mazumdar and Mr. Nishant Verma, Advocates Versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Brajesh Kumar, Advocate for respondent No.1-UOI Mr. Yeeshu Jain, Standing Counsel & Ms. Jyoti Tyagi, Advocate for respondents No.2 & 3- L&B/LAC Ms. Mrinalini Sen & Ms. Kritika Gupta, Advocates for respondent No.4-DDA Ms. Mini Pushkarna, Standing Counsel with Ms. Anushruti & Ms. Vasundhara Nayyar, Advocates for respondent No.5-North DMC CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR S. RAVINDRA BHAT, J.(OPEN COURT) 1. The petitioners claim that lands measuring 3,000 sq. yards forming part of Khasra No.165, revenue estate of village Chaukri, Mubarikabad, Delhi with abadi known as Jai Mata Market, Trinagar, Delhi-110035, should be declared free from acqui...


Sep 18 2017

Madan Singh & Ors. Vs.uoi & Ors.

Court: Delhi

Decided on: Sep-18-2017

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 426/2008 1. MADAN SINGH & ORS. ........ Petitioners Through: Mr. H.P. Chakravorti, Advocate. UOI & ORS. versus ........ RESPONDENTS Through: Ms. Madhulika Agarwal, Advocate along with Mr. J.K Singh, Standing Counsel for Railways for respondent Nos. 1-4. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % The present petition has remained pending for the past nine years only ORDER1809.2017 for effecting service on the respondents, numbering 50. Out of the 50 respondents, respondent Nos. 5 to 50 are private respondents.2. The petitioners, who were initially engaged as casual labourers in the Signal & Telecom Department of Construction/Division in Northern Railway, Delhi, on different dates from the year 1970 onwards, had raised an issue pertaining to their seniority, vis-a-vis the private respondents No.5-50 W.P.(C) 426/2008 Page 1 of 6 before the Central Administrative Tribunal. The said petition was however di...


Sep 18 2017

M/S Vidhi Agencies Through Its Proprietor Rakesh Kumar Gagneja vs.m/s ...

Court: Delhi

Decided on: Sep-18-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.375/2017 + % M/S VIDHI AGENCIES THROUGH ITS PROPRIETOR RAKESH KUMAR GAGNEJA18h September, 2017 ..... Appellant Through: Mr. G.S. Gangwar, Advocate. versus M/S KARNATAKA SOAPS & DETERGENTS LTD. .... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.34258/2017 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. FAO No.375/2017 and C.M. Appl. No.34259/2017 (for stay) 1. This is a first appeal filed under Order XLIII(1)(d) Code of Civil Procedure, 1908 (CPC) impugning the order of the trial court dated 25.8.2017 by which the trial court has dismissed the application filed by the appellant/defendant under Order IX Rule 13 CPC and refused to set aside the ex-parte judgment and decree dated 21.1.2015. FAO No.375/2017 Page 1 of 6 2. By the ex-parte judgment dated 21.1.2015 the suit was decreed against the appellan...


Sep 18 2017

Anuj Rana vs.union of India & Anr.

Court: Delhi

Decided on: Sep-18-2017

$~30 & 31 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 2047/2017 ANUJ RANA ........ Petitioner Through : Mr. A.K. Prasad and Ms.Priyanka Goel, Advocates. versus UNION OF INDIA & ANR. ........ RESPONDENTS Through : Mr. Sanjeev Narula, Senior Standing Counsel for Revenue with Mr.Abhishek Ghai, Advocate. AND W.P.(C) 2053/2017 NEELKANTHAM SYSTEMS PVT. LTD. ........ Petitioner Through : Mr. A.K. Prasad and Ms.Priyanka Goel, Advocates. 31 + versus UNION OF INDIA & ANR. ........ RESPONDENTS Through : Mr. Sanjeev Narula, Senior Standing Counsel for Revenue with Mr.Abhishek Ghai, Advocate. CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH % ORDER1809.2017 Prathiba M. Singh, J.:1. The short question that arises in these two writ petitions is whether the Customs, Central Excise and Service Tax Settlement Commission W.P.(C) Nos. 2047/2017 & 2053/2017 Page 1 of 12 (hereinafter referred to as the Settlement Commission) was right in rejecting the applications filed by the... Petitioners (...


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