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Delhi Court September 2017 Judgments

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Sep 14 2017

Manoj & Ors. Vs.state & Ors.

Court: Delhi

Decided on: Sep-14-2017

$~18 * + 1.2. 3. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1703/2017 MANOJ & ORS. ........ Petitioners Through Mr. Shrawan Baby, Advocate with petitioners in person. versus STATE & ORS. ........ RESPONDENTS Roay, Through Ms.Srilina for Ms.Nandita Rao, ASC for State with SI Satyadev Panwar, P.S. Khajuri Khas. Mr.Qamar U. Ansari, Adv. for R-2 along with respondent No.2 in person. Adv. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER1409.2017 % Respondent No.2 is present in court. She is being represented by her counsel. She is duly identified by IO SI Satyadev Panwar. The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing of the FIR bearing No.220/2016, registered on 02.03.2016 against them with Police Station Khajuri Khas, North East District, Delhi, under Sections 498A/4IPC and Section 4 of Dowry Prohibition Act, 1961, on the complaint of respondent No.2. The marriage of the petitioner no.1 with the responde...


Sep 14 2017

Meena Chaudhary vs.devender Kataria & Ors.

Court: Delhi

Decided on: Sep-14-2017

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:14. h September, 2017 + MAC.APP. 289/2016 and CM APPL.12898/2017, CM APPL.18932/2017 MEENA CHAUDHARY Through: Mr. Rajeev Kumar, Advocate ..... Appellant versus DEVENDER KATARIA & ORS. ........ RESPONDENTS Through: Mr. Sudhanshu Shekhar, Advocate for R-1 to R-4 Mr. Ashok Chaitanya, Advocate for R-5. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 JUDGMENT (ORAL) On 25.06.2011, a motor vehicular accident took place within the territorial jurisdiction of Police Station Baraut U.P. involving collision between the two vehicles, one being Tata Magic car bearing registration No.UP-17D-0991 (the car) and other a bus bearing registration No.DL-1PA-4667 (the bus), it resulting in death of Om Prakash Katariya who was traveling as a passenger in the car, the accident becoming subject-matter of investigation by the local police through First Information Report (FIR) No.549/2011 for offences punishable under Sections 279/337/338/304A/427 of Indian Pena...


Sep 14 2017

Praveen Kumar of Cisf vs.union of India and Anr

Court: Delhi

Decided on: Sep-14-2017

10 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C)8192/2016 Date of decision:14. hSeptember,2017 PRAVEEN KUMAR OF CISF ........ Petitioner Through: Mr.Anubhav Mehrotra, Adv. versus UNION OF INDIA &ANR ........ RESPONDENTS Through: Mr.Amrit Pal Singh, Adv. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.(Oral) Head Constable Praveen Kumar had served in the Indian Army from 1983 till 2007. He had applied as ex-serviceman and was appointed as Head Constable (GD) in the Central Industrial Security Force (CISF) on 2ndOctober, 2009.2. At the time of recruitment on 3rd September, 2009, the petitioner was required to fill up the Attestation Form, paragraph 12 of which required him to state as under: a) Whether he had been arrested; b) Whether he had been prosecuted; WP(C) 8192/2016 Page 1 c) Whether he had been kept in detention; d) Whether he had been bound down; e) Whether he had been fined by the Court of law; f) Whether he had been convicted b...


Sep 14 2017

Vireet Investments Pvt Ltd vs.vikramjit Singh Puri & Anr

Court: Delhi

Decided on: Sep-14-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h September, 2017 C.R.P. 190/2015 VIREET INVESTMENTS PVT LTD ........ Petitioner Through: Mr. V.N. Koura, Ms. A. Payal Versus & Mr. Abihnav Tandon, Advs. VIKRAMJIT SINGH PURI & ANR ........ RESPONDENTS Through: Mr. Vaibhav Vats, Adv. for R-1. Mr. Prashant Mendiratta, Mr. Anirudh K. Mudgal & Ms. Malvika, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Civil Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order [dated 27th August, 2015 in Civil Suit No.55/2014 of the Court of Additional District Judge-02 (ADJ), South-East District, Saket Courts, New Delhi]. of dismissal of an application filed by the petitioner / plaintiff under Order XII Rule 6 of the CPC for a decree for possession on admissions in a suit filed by the petitioner / plaintiff against the two respondents / defendants for ejectment of the respondents / defendants from property No.12A/3, Friends C...


Sep 14 2017

M/S. Dujodwala Resins & Terpenes vs.govt. Of Nct of Delhi & Ors.

Court: Delhi

Decided on: Sep-14-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved On:21. t July, 2017 Pronounced on:14. h September, 2017 + W.P (C) No.14502/2004 % 1. M/S. DUJODWALA RESINS & TERPENES ....... Petitioner Through: Mr.Ashok Mathur with Ms.Nidhi Agarwal, Advs. versus GOVT. OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Mr.Abhay Singh & Ms. Chiral CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR Dugar, Advs. JUDGMENT Unusually, the present writ petition lays a challenge, not to any award, as such, but to the attempt, of the... RESPONDENTS 1 and 2, to enforce, against the petitioner, an award, dated 07th July,1987, passed by the Labour Court in ID201982 with which, according to the petitioner, it is in no way concerned.2. Vide Certificate of Incorporation issued by the Registrar of Companies, Maharashtra (hereinafter referred to as the ROC), the petitioner-Company was incorporated, on 17th November 1976, as a private limited Company, under the name M/s Dujodwala Resins & Terpenes Pvt. Ltd. It became a deeme...


Sep 14 2017

Yogesh Mittal vs.enforcement Directorate

Court: Delhi

Decided on: Sep-14-2017

* % + BAIL APPLN.1165/2017 YOGESH MITTAL Versus ENFORCEMENT DIRECTORATE IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:31. 08.2017 Delivered on:14.09.2017 ........ Petitioner ..... Respondent Mr. Mukul Rohatgi & Mr. Vikram Chaudhri, Sr. Advocates with Mr. Sanjay Agarwal, Mr. Arjun Malik, Mr. Ashish Batra, Mr. Sameer Rohatgi & Mr. Harshit Sethi. Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr. Sanjay Jain, ASG with Mr. Ajay CORAM:-"HONBLE MR JUSTICE ASHUTOSH KUMAR Digpaul, CGSC, Mr. Amit Mahajan, CGSC, Mr. Vinod Diwakar, CGSC, Mr. Kartik Rai, Ms. Mohita, Ms. Adrija Thakur & Mr. Kunal Dutt, Advocates. JUDGMENT ASHUTOSH KUMAR, J1 The petitioner, without approaching the Special Court under the Prevention of Money Laundering Act, 2002 (hereinafter called PMLA) for grant of bail, has preferred the present petition seeking bail in ECIR No.18/DZO-8/2016 primarily on the ground that his remand Bail Appln.1165/2017 Page 1 of 55 in judicial custody is ille...


Sep 14 2017

Aakash Educational Services Privte Limited vs.akash Educational & Char ...

Court: Delhi

Decided on: Sep-14-2017

CS(OS) 2043/2015 & I.A. 14096/2015 $~ * + % CORAM: HON'BLE MR. JUSTICE MANMOHAN Through: None versus IN THE HIGH COURT OF DELHI AT NEW DELHI AAKASH EDUCATIONAL SERVICES PRIVTE LIMITED ..... Plaintiff Through: Mr.Manish Singhal, Advocate AKASH EDUCATIONAL & CHARITABLE TRUST & ORS Date of Decision:14. h September, 2017 ..... Defendants MANMOHAN, J: (Oral) JUDGMENT1 Present suit has been filed for permanent injunction restraining infringement of trademark, copyright, passing off and claim for damages. The prayer clause in the suit is reproduced hereinbelow:-"(a) Pass a decree for permanent injunction thereby restraining the defendants by themselves, their proprietors/partners, principal officers, Franchisees, agents and all other persons acting for and on their behalf from infringing registered trade mark nos. 1607150, 1761539, 1761544, 1761546, 1761551, 1761554, 1761558 & 2112130 in respect of the said services and under registration numbers 1761538, 1761542, 1761543, 1761545, 1761547, 1...


Sep 14 2017

Quantum Outdoors vs.realm Media Solutions Pvt Ltd & Ors

Court: Delhi

Decided on: Sep-14-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h September, 2017 CM(M) No.774/2017 QUANTUM OUTDOORS ........ Petitioner Through: Mr. Mahinderjeet Singh and Mr. Gagan Gupta, Advs. REALM MEDIA SOLUTIONS PVT LTD & ORS.. Versus .....Respondents Through: Mr. Romy Chacho and Mr. Rahat Bansal, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This petition under Article 227 of the Constitution of India impugns the order (dated 2nd June, 2017 in CS No.653/2017 of the Court of Additional District Judge (ADJ)-02, New Delhi District, Patiala House Court, New Delhi) dismissing the application of the petitioner/plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC).2. Notice of the petition was issued, though a query was made from the counsel for the petitioner/plaintiff, as to the maintainability of petition under Article 227 of the Constitution of India since an order of dismissal of an application under Order XII Rule 6 of CPC is revisable.3. The couns...


Sep 14 2017

Ram Harak vs.the Municipal Corporation of Delhi

Court: Delhi

Decided on: Sep-14-2017

$~R-207 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL3322010 Decided on:14. h September, 2017 RAM HARAK ..... Appellant Through: Ms. Pankaj Kumari for Mr. versus S.N. Parashar, Advocate THE MUNICIPAL CORPORATION OF DELHI ..... Respondent Through: None CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant having been injured in a motor vehicular accident that occurred on 11.11.2001 due to the negligent driving of a motor vehicle described as Tata bearing registration no.DL-1GB-2824 of the first respondent, had instituted accident claim case (petition no.45/09) on 08.09.2006 seeking compensation. At the inquiry, he proved that he had been rendered permanently disabled, his disability having been certified (Ex. PW1/18) by a board of doctors of Guru Tegh Bahadur Hospital, Delhi, to be to the extent of 25% in relation to right upper limb, this arising out of multiple fractures that had been suffered on his right hand and leg besides other injuries all over the body....


Sep 14 2017

Shelly Khetrapal & Ors. Vs.mohd.hanif & Ors.

Court: Delhi

Decided on: Sep-14-2017

$~3 to 6 (common order) * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 524/2008 Decided on:14. h September, 2017 SIDHARTH KHETRAPAL ..... Appellant Through: Mr. Sanjay Rathi, Advocate with Mr. Animesh Mishra & Mr. Ashish Khatri, Advocates versus MOHD.HANIF & ORS. ........ RESPONDENTS Through: Ms. Noopur Singhal, Advocate with Mr. Rishal Vij, Advocate for R-2. Mr. Ashish Kalra, Advocate for R-3. + MAC.APP. 525/2008 & CM APPL295162016 & CM APPL295172016 SHELLY KHETRAPAL & ORS. ..... Appellants Through: Mr. Sanjay Rathi, Advocate with Mr. Animesh Mishra & Mr. Ashish Khatri, Advocates versus MOHD.HANIF & ORS. ........ RESPONDENTS Through: Ms. Noopur Singhal, Advocate with Mr. Rishal Vij, Advocate for R-2. Mr. Ashish Kalra, Advocate for R-3. + MAC.APP. 526/2008 SHELLY KHETRAPAL ..... Appellant Through: Mr. Sanjay Rathi, Advocate with MAC Appeal No.524/2008 etc. Page 1 of 17 Mr. Animesh Mishra & Mr. Ashish Khatri, Advocates versus MOHD.HANIF & ORS. ........ RESPONDENTS Through: Ms. Noo...


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