Delhi Court September 2017 Judgments
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Delhi Development Authority vs.dalip Kumar
Court: Delhi
Decided on: Sep-18-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.52/2017 + % DELHI DEVELOPMENT AUTHORITY18h September, 2017 ..... Appellant Through: Mr. Sanjeev Sagar, Advocate. DALIP KUMAR versus Through: Mr. Jasbir Singh, Advocate. ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) RSA No.52/2017 and C.M. Appl. No.5549/2017 (for stay) This second appeal though categorized as Regular Second Appeal, since however the challenge is to the orders passed by the court below in execution proceedings, this matter be designated as Execution Second Appeal and the Registry of this Court is directed accoedingly.1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) has been filed by the Delhi Development Authority (DDA) against the concurrent orders of the first appellate court and the original executing court dated 23.9.2016 and 4.3.2013 respectively, passed in the execution proceedings filed RSA No.52/...
Bishan Sarup & Ors vs.registrar Co-Operative Societies & Ors
Court: Delhi
Decided on: Sep-18-2017
$~14 to 16 (Common order) * IN THE HIGH COURT OF DELHI AT NEW DELHI204502017 + W.P.(C) 2711/2013 & C.M. Nos.10310/2014, 40873/2016, BISHAN SARUP AND ORS ........ Petitioners Through: Mr. Rajesh Aggarwal, Advocate. versus REGISTRAR COOPERATIVE SOCIETIES & ORS ........ RESPONDENTS Through: Mr. Anuj Aggarwal, ASC, GNCTD with Mr. Shryan Das, Advocate for R-1. Mr. Rajat Aneja & Ms. Vandana Aneja, Advocates for R-3 to 13. Mr. Sunil Sabharwal, SC, DCHFL/R-14. Mr. S.K. Sharma, Advocate for R-15. + W.P.(C) 5905/2013 & C.M. Nos.13024/2013, 25265/2017 WITH BISHAN SARUP & ORS ........ Petitioners Through: Mr. Rajesh Aggarwal, Advocate. versus W.P.(C) 2711/2013 REGISTRAR CO-OPERATIVE SOCIETIES & ORS ........ RESPONDENTS Through: Mr. Anuj Aggarwal, ASC, GNCTD with Mr. Shryan Das, Advocate for R-1. Mr. S.K. Sharma, Advocate for R-2. Mr. Rajat Aneja & Ms. Vandana Aneja, Advocates for R-3 to 13. Page 1 of 5 + W.P.(C) 6856/2013 & C.M. Nos.14859/2013, 25262/2017 AND GIRISH CHANDRA SIRKECK ........ Petiti...
United India Insurance Co Ltd vs.rajenderi Devi & Ors.
Court: Delhi
Decided on: Sep-18-2017
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. h September, 2017 + MAC.APP. 87/2016 and CM APPL.3169/2016, 3171/2016 UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate Versus RAJENDERI DEVI & ORS. ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Yatish Kumar (born on 04.05.1984), concededly self-employed, suffered injuries in a motor vehicular accident that occurred on 03.06.2014 due to negligent driving of bus bearing registration No.UP-14-T-9050, admittedly insured against third party risk with the appellant insurance company (insurer) for the period in question and died in the consequence. The first to fourth respondents, being members of the family dependent on him (collectively, the claimants), instituted accident claim case (Suit No.515/2014) on 07.08.2015 seeking compensation. The tribunal, after inquiry, by the judgment dated 27.08.2015, awarded compensation in the total...
National Insurance Co. Ltd. Vs.harvinder Suri & Ors.
Court: Delhi
Decided on: Sep-18-2017
$~R-218 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. h September, 2017 + MAC APPEAL No.425/2010 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Adv. versus HARVINDER SURI & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (793/08/07) of the first to fourth respondents (collectively, the claimants), the motor accident claims tribunal, by judgment dated 10.03.2010, awarded compensation in the total sum of Rs. 44,75,000/-, it inclusive of loss of dependency, fastening the liability on the appellant insurance company to pay with interest @ 9 % per annum. In calculating the loss of dependency, the tribunal accepted the evidence led by the claimants, it including the depositions of first claimant Harvinder Suri (PW-1) and Dalip Kumar (PW-2), the latter an HR executive from M/s Richa Global Exports Pvt. Ltd., in which the deceased was employed as computer programmer, who proved the rec...
Babli & Ors. Vs.satyaveer & Ors.
Court: Delhi
Decided on: Sep-18-2017
$~R-223 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. h September, 2017 + MAC.APP. 447/2010 BABLI & ORS. Through: Nemo. Versus SATYAVEER & ORS. ..... Appellants ........ RESPONDENTS Through: Mr. Pankaj Gupta, Advocate for Ms. Suman Bagga, Advocate for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Phool Singh died due to injuries suffered in a motor vehicular accident that occurred on 15.09.2008, due to negligent driving of truck bearing registration No.HR-47A-6577 (the truck), it admittedly being insured against third party risk with the third respondent (insurer). His wife and other members of the family dependant on him, they being appellants herein (collectively, the claimants), instituted accident claim case (Suit No.639/2008) on 25.11.2008 seeking compensation. The tribunal held inquiry and, by judgment dated 13.04.2010, upheld the case for compensation holding the truck driver Satyaveer (respondent no.1) responsible for negligent driving leading to the fa...
Bir Singh & Ors. Vs.state of Nct of Delhi
Court: Delhi
Decided on: Sep-18-2017
$~57 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. 09.2017 W.P.(CRL) 2715/2017 BIR SINGH & ORS ........ Petitioners Through: Mr.B.P. Singh, Advocate with Mr.Ankur Yadav, Advocate. versus STATE OF NCT OF DELHI ..... Respondent Through: Mr.Sanjay Lao, ASC with Ms.Megha Bahl, Advocate for Mr.Avi Singh, ASC for State along with IO SI Vijender Rana and ASI Rajender Singh, PS Alipur, Delhi. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(Oral) Crl.M.A. 15585/2017 (exemption) Exemption allowed subject to all just exceptions. Application is disposed of. W.P.(CRL) 2715/2017 WP (Crl.) 2715/2017 Page 1 of 8 1.2. 3.4. 5.6. Notice. Mr.Sanjay Lao, learned ASC for State, who appears on an advance copy having been served, accepts notice. The petitioners have invoked the writ jurisdiction of this court under Article 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC) for direction to the trial court for expedi...
Mahanagar Telephone Nigam Ltd. Vs.finolex Cables Limited
Court: Delhi
Decided on: Sep-18-2017
$~52 *IN THE HIGH COURT OF DELHI AT NEW DELHI + % FAO(OS) 227/2017 & CM No.28576/2017 Reserved on :4. h September, 2017 Date of decision :18. h September, 2017 MAHANAGAR TELEPHONE NIGAM LTD. ..... Appellant Through : Mr. Abhinav Vashisht, Sr. Adv. With Ms. Tanmishtha Singh, Ms. Priya Chauhan and Ms. Rishita Mall, Advs. versus FINOLEX CABLES LIMITED ..... Respondent Through : Mr. Atul Chitale, Sr. Adv, with Mr. Nitin Tambwekar, Mr. Gurjyot Sethi, Ms. Shivangi Khanna and Ms. B.S. Rai, Advs. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT GITA MITTAL, ACTING CHIEF JUSTICE1 The present appeal, filed under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 10 of the Delhi High Court Act, 1966 by the Mahanagar Telephone Nigam Limited (MTNL hereafter), challenges the order dated 11th April, 2017 passed by the ld. Single Judge on the original side of this court accepting objections filed by the Finolex Cables Limited (FCL hereafter) F...
Rajiv Joshi vs.anand Swaroop
Court: Delhi
Decided on: Sep-18-2017
$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 09.2017 O.M.P. (E) 4/2017 RAJIV JOSHI ANAND SWAROOP versus ........ Petitioner ..... Respondent Advocates who appeared in this case: : Mr. Anil Sharma and Mr. Jaskaran Singh, Advs. For the... Petitioner For the Respondent CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : None. JUDGMENT SANJEEV SACHDEVA, J.(ORAL) I.A. 10807/2017 (Exemption) Allowed, subject to all just exceptions. O.M.P. (E) 4/2017 1. By this petition under Section 27 of the Arbitration & Conciliation Act, 1996, the petitioner seeks assistance of the court for summoning of the witnesses for recording the evidence of the petitioner. OMP (E) 4/2017 Page 1 of 2 2. The petitioner seeks summoning of the Branch Manager, Kotak Mahindra Bank, Branch AGCR Enclave, Karkardooma, Delhi- 110092 to produce and to prove the record pertaining to RTGS KKBKH14119670576 dated 29.04.2014 as reflected in statement of account pertaining to A/c No.3811131970.3. Learned Ar...
Vodafone Mobile Services Ltd & Anr vs.state & Anr
Court: Delhi
Decided on: Sep-18-2017
$~13 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1799/2017 & CRL.M.A.9947-9948/2017 VODAFONE MOBILE SERVICES LTD & ANR ........ Petitioners Through Mr.Neeraj Chaudhari, Adv. with Ms.Saakshi Agarwal and Ms.Nidhi Soni, Advs. with petitioner in person. versus STATE & ANR ........ RESPONDENTS Through Ms.Kamna Vohar, ASC for the State with ASI Ved Parkash, P.S. Lahori Gate. Mr.Manish Srivastava, Adv. with Ms.Shagun Trisal and Mr.Aditya Gupta, Advs. for BSES with AR Mr.Rajiv Manchanda, Asst. Vice President, in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL1 2. ORDER1809.2017 % The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India for quashing of the FIR bearing No.217/2016, registered on 30.09.2016 against them with Police Station Lahori Gate, North District, Delhi, under Section 135 of The Electricity Act, 2003 on the complaint of respondent No.2/BSES. Respondent No.2 conducted a raid on the rented premises of the petitioner...
M/S Epsilon Publishing House Pvt Ltd vs.union of India and Ors
Court: Delhi
Decided on: Sep-18-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:18. 09.2017 + W.P.(C) 5568/2017 & CM No.23379/2017 M/S EPSILON PUBLISHING HOUSE PVT LTD ........ Petitioner Versus UNION OF INDIA AND ORS ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS CORAM HONBLE MR JUSTICE VIBHU BAKHRU : Mr Sushant Singh and Mr Harsh Vardhan Pathak. : Mr Anurag Ahluwalia, CGSC for UOI. Mr Sanjeev Singh for R-3. VIBHU BAKHRU, J JUDGMENT1 The petitioner has filed the present petition, inter alia, impugning the order dated 04.05.2017 (hereafter 'the impugned order'), passed by the Registrar of Trademarks (hereafter 'the Registrar'). By the impugned order, the Registrar has renewed the trademark 'LOKPRIYA EASYNOTES' bearing No.1006905 in class 16 for a period of 10 years in favour of respondent no.3. The petitioner claims that this renewal is beyond the scope of provisions of the Trade Marks Act, 1999 (hereafter 'the Act') and the rules framed there un...
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