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Delhi Court September 2017 Judgments

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Sep 11 2017

Bata India Limited vs.m/s b.s.r. Stylish Walk

Court: Delhi

Decided on: Sep-11-2017

BATA INDIA LIMITED versus $~ * + % CORAM: HON'BLE MR. JUSTICE MANMOHAN M/S B.S.R. STYLISH WALK Through: None IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 128/2017 & I.A. 6385/2015 ..... Plaintiff Through: Mr.Neeraj Grover, Advocate ..... Defendants Date of Decision:11. h September, 2017 MANMOHAN, J (Oral): JUDGMENT1 Present suit has been filed for permanent injunction restraining infringement of trademark, copyright, passing off, unfair competition, delivery up and recovery of damages. The prayer clause in the suit is reproduced hereinbelow:-""(a) a decree of permanent injunction restraining the defendant, its proprietor /partners, as the case may be, their servants/agents, representatives and/or others acting for and on their behalf from carrying on their business under the name and style of "BATA Showroom" or using the mark BATA and/or any other marks as may be identical and/or deceptively similar to the plaintiff's registered trade mark BATA on the hoarding and/or signage of its...


Sep 11 2017

Pinky Tyagi vs.state Election Commission & Ors

Court: Delhi

Decided on: Sep-11-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI PINKY TYAGI Date of decision:11. h September, 2017 CM(M) 896/2017 ........ Petitioner Through: Mr. Vivek Sood, Sr. Adv. with Mr. Kumar Ranjan, Ms. Prachi Gupta, Mr. Siddharth Gupta & Mr. Vivek Vardhan, Advs. Versus STATE ELECTION COMMISSION & ORS........ RESPONDENTS Through: Mr. Sumeet Pushkarna, Adv. for R-1&2. Mr. Sunil Goel & Ms. Supreet Bimbra, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This petition under Article 227 of the Constitution of India impugns the order (dated 19th July, 2017 of the District Judge, District South, Saket Courts, New Delhi in CIS-EP-2-2017) dismissing the application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC) of the petitioner for amendment of the Election Petition filed by the petitioner impugning the election, held on 23rd April, 2017 and result whereof was declared on 26th April, 2017, of the respondent no.4 Smt. Anita Tanwar as Municipal Councilor of Ward No.70-S, Ch...


Sep 11 2017

Bharti Axa General Insurance Company Ltd. Vs.bimla Rana & Ors

Court: Delhi

Decided on: Sep-11-2017

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h September, 2017 + MAC.APP. 428/2017 and CM1679216793/2017 BHARTI AXA GENERAL INSURANCE COMPANY LTD. .... Appellant Through: Mr. Navneet Kumar and Mr. Vikas Bhadana, Advocates versus BIMLA RANA & ORS ........ RESPONDENTS Through: Ms. Amandeep Kaur, Adv. for R-1 to 6 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Partap Singh Rana was riding two wheeler scooter bearing registration no.DL-7S-BG-3565 on 09.09.2011 and when, at about 10.15 p.m., he had reached the traffic signal near Punjabi Bagh Club, Ring Road beneath the flyover of Punjabi Bagh, Delhi, his scooter met with an accident resulting in he suffering injuries which proved fatal. His wife and other members of the family dependent on him, they being first to sixth respondents (collectively, the claimants) instituted accident claim proceedings (old case no.108A/14 new no.MACT case No.476762/16) on 21.11.2011 in the wake of a detailed accident report (DAR) su...


Sep 11 2017

Shri Jasbir Singh vs.royale Ambience Construction Pvt Ltd

Court: Delhi

Decided on: Sep-11-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h September , 2017 CS(OS) 11/2016 ..... Plaintiff Represented by: Mr. Rajender Aggarwal, versus SHRI JASBIR SINGH ROYALE AMBIENCE CONSTRUCTION PVT LTD .....Defendant Represented by: None Advocate CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. In the present suit, plaintiff prays for the following reliefs: a) This Honble Court may be pleased to pass a decree of specific performance in favour of the plaintiff and against the defendant thereby directing the defendant to get their half share in the agricultural land measuring 60 bighas and 17 biswas in khasra No.22//14 (4-16), 15 (5-17), 16 (4-12), 17 (4-16), 24 (4- 16), 25(4-16), 26(0-4), 22//1(0-18), 20(3-10), 21(4-16), 3//8(4-16), 9/2(3-0), 12(4-12), 3(4-16) in village Ghuman Hera, Tehsil Najafgarh, South West Delhi, New Delhi-110043 demarcated and obtain NOC from Tehsildar and thereafter to execute a sale deed in respect of their half share in the agricultura...


Sep 11 2017

Sanjit Biswas vs.the State Nct of Delhi & Anr

Court: Delhi

Decided on: Sep-11-2017

$~13 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C (CRL) 2519/2017 SANJIT BISWAS ........ Petitioner Through Mr. Robin Singh Sirohi, Advocate and petitioner in person. versus THE STATE NCT OF DELHI & ANR ........ RESPONDENTS Through: Ms. Aashaa Tiwari, APP, for the State with SI Umesh Yadav, P.S. Tilak Nagar, Delhi. Mr. Chirag Khurana, Advocate for R-2 along with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL1 2.3. 4. ORDER1109.2017 % Status report has been filed. Respondent No.2 appears in person. She is being represented by her counsel. She is duly identified by IO SI Umesh Yadav. The petitioner has approached this court under Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing of the FIR bearing No.967/2014 registered on 29.08.2014 against him with Police Station Tilak Nagar, West District Delhi, under Sections 323/354A/452/5IPC on the complaint of respondent No.2. The marriage of the petitioner with the respondent No.2 was solem...


Sep 11 2017

Commissioner of Police & Anr. Vs.shanker & Ors.

Court: Delhi

Decided on: Sep-11-2017

$~R-182 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h September, 2017 + MAC.APP. 118/2010 and CM APPL.3680/2010 (stay) COMMISSIONER OF POLICE & ANR. .... Appellants Through: Nemo. versus SHANKER & ORS. ........ RESPONDENTS Through: Nemo. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 JUDGMENT (ORAL) Aakashi Devi, a widow, aged 50 years, died in a motor vehicular accident that took place on 14.11.2007 due to negligent driving of motor vehicle described as Tata 407 bearing registration No.DL-1LE-3947 of the appellants. Her two sons and married daughter, they being first to third respondents (collectively, the claimants) instituted accident claim case (Old Suit No.and New suit No.874/2008) on 14.01.2008. It appears that another person had died in the same accident and, thus, there was another claim case, both MAC Appeal No.118/2010 Page 1 of 4 being clubbed by the tribunal for inquiry, on the conclusion of which a common judgment was passed on 19.09.2009, accepting the cases to the ef...


Sep 11 2017

Sher Nabi Chaman vs.m S Sharma & Ors

Court: Delhi

Decided on: Sep-11-2017

$~35. * + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) No.987/2017 & CM No.33016/2017 (for stay). SHER NABI CHAMAN ........ Petitioner Through: Mr. A. Maitri and Ms. Radhika Chandrashekhar, Advs. versus ..... Respondent Through: Mr. Pawan Mathur, Adv. for DDA. M S SHARMA & ORS Mr. Santosh Kr. Tripathi, ASC (GNCTD) for R-4&6. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER1109.2017 CM No.33017/2017 (for exemption).1. 2. Allowed, subject to just exceptions. The application stands disposed of. CM(M) No.987/2017 & CM No.33016/2017 (for stay).3. This petition under Article 227 of the Constitution of India impugns the order (dated 24th August, 2017 in Suit No.85of the Court of Additional Senior Civil Judge (East), Karkardooma Courts, Delhi) dismissing the application of the petitioner / plaintiff under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (CPC).4. The counsel for the respondents / defendants Delhi Development Authority (DDA) and Director of Education (DoE), Governmen...


Sep 11 2017

Percept Live Private Limited. Vs.whitefox India & Ors.

Court: Delhi

Decided on: Sep-11-2017

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 09.2017 O.M.P.(I) (COMM.) 346/2017 PERCEPT LIVE PRIVATE LIMITED. versus WHITEFOX INDIA & ORS. Advocates who appeared in this case: ........ Petitioner ........ RESPONDENTS For the... Petitioner For the... RESPONDENTS. Mr. Sachin Datta, Sr. Adv. with Ms. Nikita Choukse and Ms. Rijnta Mohanty, Advs. Mr. Anirudh Wadhwa, Mr. Hiresh Choudhary and Mr. B. R. Thali, Advs. for R-1. Mr. Ajit Warrier and Mr. Aditya Nayyar, Advs. for R-2 CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1109.2017 SANJEEV SACHDEVA, J.(ORAL) I.A. 10491/2017 (Exemption) Allowed, subject to all just exceptions. O.M.P. (I) (COMM.) 346/2017 1. By this petition under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act), the petitioner seeks an injunction against respondent No.2 from releasing O.M.P.(I) (COMM.) 347/2017 Page 1 of 3 any money lying with Respondent No.2 for the sale of tickets of the Internati...


Sep 11 2017

Ligy Abraham vs.union of India & Anr.

Court: Delhi

Decided on: Sep-11-2017

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10499/2016 and CM Nos. 41196/2016 & 5559/2017 LIGY ABRAHAM ........ Petitioner Through: Mr Robin David, Mr Dhiraj Philip and Ms Sambha Rumnong, Advocates. versus ........ RESPONDENTS Through: Mr Sanjeev Narula and Mr Amit Mahajan, CGSC with Mr Kunal Dutt, Advocates. UNION OF INDIA & ANR. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1109.2017 VIBHU BAKHRU, J1 The petitioner has filed the present petition being aggrieved by the decision of the respondents to revoke the petitioner's status as an Overseas Citizen of India (hereafter 'OCI') and proscribe her entry in this country. The petitioner is residing in India since 2014.2. The petitioner migrated to Houston, Texas, USA in May 2005 and completed her undergraduate degree in Architecture (B. Arch) from Anna University, Chennai, India in July 2006. Thereafter, in May 2010, the petitioner completed her Masters in Construction Management from University of Houston, in Houston, Texa...


Sep 11 2017

M/S Tarouni Construction & Finance (P) Ltd vs.union of India and Ors

Court: Delhi

Decided on: Sep-11-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 11, 2017 W.P.(C) 3659/2016 & C.M.15669/2016 M/S TAROUNI CONSTRUCTION & FINANCE (P) LTD Through: Ms. N.S. Vashisht and Mr. M.P. Bhargava, Advocates ........ Petitioner Versus UNION OF INDIA AND ORS .....Respondents Through: Ms. Ruchika Rathi, Advocate for respondent-L&B/LAC Ms. Meera Bhatia, Advocate for respondent- UOI Mr.Sanjeev Sabharwal, Standing Counsel with Ms. Ridhi, Advocate for respondent-DDA CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR S. RAVINDRA BHAT, J.(OPEN COURT) 1. Learned counsel for respondent-L&B/LAC seeks liberty to place on record counter affidavit. Liberty granted. Counter affidavit is taken on record.2. The petitioner seeks a declaration that the suit lands i.e. Khasra No.144(1-10), situated in Revenue Estate of Village Chhattarpur, Tehsil Hauz Khas, New Delhi are free from acquisition by reason of Section 24 (2) of Right to Fair Compensation and Transparency in L...


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