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Delhi Court September 2017 Judgments

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Sep 15 2017

Sanjay Kumar vs.vipin Kumar & Ors.

Court: Delhi

Decided on: Sep-15-2017

$~R-215 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. h September, 2017 + MAC APPEAL No.412/2010 SANJAY KUMAR ..... Appellant Through: Mr. O.P. Mannie, Adv. versus VIPIN KUMAR & ORS. ........ RESPONDENTS Through: None. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant suffered injuries in a motor vehicular accident that occurred on 22.04.2006 due to negligent driving of van bearing registration No.DL3T2611 which was admittedly insured against third party risk with third respondent (insurer) for the period in question. He instituted accident claim case (petition No.347/2009) on 03.06.2006, on which the tribunal, after inquiry, awarded compensation in the sum of Rs. 7,22,400/-, by judgment dated 16.03.2010, directing the insurer to pay with interest, calculating it thus:-"S.No.Heads 1.2. Medical Treatment Conveyance Compensation Rs.1,74,000/- Rs. 5,000/- MAC Appeal No.412/2010 Page 1 of 3 3.4. 5.6. 7.8. Special diet Loss of income Rs. 5,000/- Rs. 67,000/- L...


Sep 15 2017

Association of Clinical Biochemists and Microbiologists Acbm (Regd) & ...

Court: Delhi

Decided on: Sep-15-2017

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6740/2017 and CM No.28067/2017 ASSOCIATION OF CLINICAL BIOCHEMISTS AND MICROBIOLOGISTS ACBM (REGD) & ANR ........ Petitioners Through: Mr K.P. Singh, Advocate with Mr K.K. Srivastava, Mr Ankur Sood, Mr Rishabh Singh, Mr Uday Bedi and Ms Romila Mandal, Advocates. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr Srikant Misra, Advocate for (G.P.) UOI. Mr Vikas Singh, Senior Advocate with Mr T. Singhdev, Ms Biakthan Sangi Das and Mr Tarun Verma, Advocates for R2/MCI. Mr Sagar Shivam, Advocate with Mr Vikas Chopra, Advocate for R3 and R4. Mr Rahul Gupta, Ms Ira Gupta, Applicant in CM No.33996/2017, IMA. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1509.2017 VIBHU BAKHRU, J1 The petitioner no.1 is an association of Clinical Biochemists and W.P.(C) 6740/2017 Page 1 of 9 Microbiologists and has filed the present petition, inter alia, impugning a letter dated 14.06.2017 (hereafter 'the impugned letter') ,issued by the Medic...


Sep 15 2017

Drs Logistics (P) Ltd & Anr vs.sandeep Chohan Alias Sandeep Kumar & Or ...

Court: Delhi

Decided on: Sep-15-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:04. h September, 2017 Pronounced on:15. h September, 2017 CS(COMM) 109/2016 DRS LOGISTICS (P) LTD & ANR ..... Plaintiffs Through : Mr.Pradyuman Dubey, Advocate. versus SANDEEP CHOHAN ALIAS SANDEEP KUMAR & ORS ..... Defendants Through : None being ex parte. % + CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This is a suit for permanent injunction, infringement of trademark, rendition of accounts, passing off and also for damages filed by the plaintiffs against the defendants.2. The present suit was instituted by the plaintiffs to restrain the defendants No.1 to 3 from misusing and infringing the plaintiffs' registered trade trademarks, passing off themselves and their services as they are having highly reputed services and committing acts of unfair competition against the Plaintiffs, including but not limited to, by using trademarks, trade names and domain names that are virtually identical and deceptively and confus...


Sep 15 2017

Sushil Tanwar vs.punjab National Bank & Ors

Court: Delhi

Decided on: Sep-15-2017

$~3 * + W.P.(C) 5774/2017 SUSHIL TANWAR IN THE HIGH COURT OF DELHI AT NEW DELHI ........ Petitioner Through: Ms. Anshu Priyanka and Mr. Utkarsh Advocates. versus PUNJAB NATIONAL BANK & ORS ........ RESPONDENTS Through: Mr. Jagdeep Kishore, Mr. S.S. Katyal, Mr. Rajesh Katyal and Mr. Sanjay Katyal, Advocates for R-1/PNB with Mr. Praveen Gupta, Chief Manager, PNB. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE A.K. CHAWLA % ORDER1509.2017 On 01.08.2017, while observing the lackadaisical manner in which the 1. respondent No.1/Bank was pursuing the present petition, General Manager (Law) of the respondent No.1/Bank was directed to explain the inaction on the part the Bank in failing to appear in the present matter when an advance copy was duly supplied to the nominated counsel and when the counsel did appear, the reasons for giving him half baked instructions.2. Pursuant to the aforesaid order, an affidavit has been filed by the Circle Head and Dy. General Manager of the responde...


Sep 15 2017

Dr. Uday Chand Jindal vs.m/s Galgotia Pulblications Pvt. Ltd.

Court: Delhi

Decided on: Sep-15-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : September 15, 2017 RFA82009 DR. UDAY CHAND JINDAL Through: Ms. Bhavna Duhoon, Advocate ..... Appellant versus M/S GALGOTIA PULBLICATIONS PVT. LTD. Through: Mr. Sanjeev Narula and Mr.Anshuman Upadhyay, Advocates ..... Respondent CORAM: HON'BLE MR. JUSTICE P.S.TEJI JUDGMENT P.S.TEJI, J Aggrieved by the decision of the Copyright Board dated 21st 1. September 2008, passed in No.3-1/2007-CRB(NZ) whereby the claim of the petitioner/appellant was dismissed, the appellant has preferred the present appeal under Section 72 of the Copyright Act, 1957.2. In brief, facts as enumerating from the record are as under: Appellant claims to be the author of several books and has mentioned titles of seven books on various aspects of Mechanical Engineering which were given for publication to the respondent. Agreements of assignment were entered into on different dates in relation to these works. Appellant has Page 1of 15 R.F.A.No.8/2009 me...


Sep 15 2017

Mahipal vs.union of India & Ors.

Court: Delhi

Decided on: Sep-15-2017

$~8 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 10206/2016 and C.M No.4073/2017 Date of decision:15th September, 2017 MAHIPAL Through Mr.A.K. Trivedi, Adv. ........ Petitioner versus UNION OF INDIA & ORS ........ RESPONDENTS Through Mr.Ripu Daman Bhardwaj and Mr.Sat D. Srivastav, Advs. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.(Oral) The petitioner Mahipal had applied for recruitment to the post of Airman in Group X and Y pursuant to the advertisement dated 22.09.2014 issued by the Central Airmen Selection Board, New Delhi. On clearing the written examination, the petitioner was sent for the medical examination and declared fit in both X and Y Group. Accordingly, a Medical Fitness certificate was issued on 13.10.2015. Thereafter, All India Selection List was published on 31.10.2015. The... Petitioner, in view of the merit positions, was recommended for selection to the post of Airman in Group X. WP(C) 10206/2016 Page 1 2.... Peti...


Sep 15 2017

M/S Bright Engineering Works vs.the Union of India and Ors.

Court: Delhi

Decided on: Sep-15-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:15. 09.2017 + W.P.(C) 2564/2017 & CM No.11087/2017 ........ Petitioner ........ RESPONDENTS : Mr Devan Parikh, Sr. Advocate with Mr Mahesh Agarwal, Mr Rishi Agrawala, Mr Rishabh Parikh and Ms Anachla Mullick. : Mr Sanjeev Narula, CGSC with Mr Abhishek Ghai. M/S BRIGHT ENGINEERING WORKS Versus THE UNION OF INDIA AND ORS. Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J JUDGMENT1 The petitioner has filed the present petition, inter alia, impugning a clarification dated 22.03.2016, inter alia clarifying the petitioner's export obligation to be equivalent to six / eight times the depreciated value of assets on the debonding unit shifting to the EPCG scheme; and, therefore, directing the petitioner to comply with the requirements of the Policy Circular no.84 dated 30.04.2009. According to the petitioner, its export obligation, under the Foreig...


Sep 15 2017

Satya Narayan Kamti Etc. Vs.rajbir Singh Etc.

Court: Delhi

Decided on: Sep-15-2017

$~R-214 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. h September, 2017 + MAC APPEAL No.410/2010 SATYA NARAYAN KAMTI ETC. ..... Appellants Through: Mr. Jatinder Kamra, Adv. versus RAJBIR SINGH ETC. ........ RESPONDENTS Through: Mr. Manoj R. Sinha, Adv. for R-3/Insurance company. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellants had pressed their claim petition (petition No.643/2008) instituted before the motor accident claims tribunal on 28.04.2007 to seek compensation on account of death of Deepak Kumar @ Deepak Kamti that occurred on 10.03.2007, alleging that the fatal injuries were suffered by him in the motor vehicular accident due to negligence on the part of the first respondent, the driver of the bus bearing registration No.DL1B3286 it being a vehicle registered in the name of the second respondent and admittedly insured against third party risk with the third respondent. The tribunal held inquiry and on the basis of evidence led, by judgment date...


Sep 15 2017

Munirka Village Resident Welfare Association (Regd.) vs.union of India ...

Court: Delhi

Decided on: Sep-15-2017

$~7 *IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C)No.3131/2016 Date of decision :15. h September, 2017 MUNIRKA VILLAGE RESIDENT WELFARE ASSOCIATION (REGD.) Through : Mr. Aman Mudgal for ........ Petitioner versus Mr. N.S. Dalal, Adv. UNION OF INDIA AND ORS ........ RESPONDENTS Through : Mr. Rakesh Kumar, CGSC for R-1/UOI Ms. Mansi Gupta, Adv. for R- 2/SDMC Mr. Dhanesh Relhan, Ms. Akshita Manocha and Ms. Gauri Chaturvedi, Advs. for R- DDA CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 The instant writ petition has been filed by an association of the Residents of the Munirka Village namely the Munirka Village Resident Welfare Association in public interest, inter alia, seeking a W.P.(C)No.3131/2016 Page 1 of 3 direction to the respondents to provide infrastructure for the upkeep and maintenance of cremation grounds.2. The South Delhi Municipal Corporation impleaded as respondent no.2, has filed a counter...


Sep 15 2017

Sharad Singh vs.h.d. Narang & Anr.

Court: Delhi

Decided on: Sep-15-2017

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 221/2009 Decided on:15. h September, 2017 SHARAD SINGH ..... Appellant Through: Mr. Sagar Saxena, Advocate with Ms. Himanshi Saini, Adv. & Mr. Ralu Kumar, Adv. versus H.D. NARANG & ANR. ........ RESPONDENTS Through: Ms. Neerja Sachdeva, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant herein was a young person, aged about 20 years, when he suffered injuries in a motor vehicular accident that occurred on 29.08.2001 due to negligent driving of car bearing registration No.HR-26-C-7174 by the first respondent, it admittedly being insured against third party risk with the second respondent. He instituted accident claim case (Petition No.459/2008) on 09.08.2002 seeking compensation under Section 166 of the Motor Vehicles Act, 1988. The tribunal held inquiry and, by judgment dated 29.01.2009, found that the appellant had brought home his case for compensation on fault liability. The Tribunal concl...


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