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Delhi Court September 2017 Judgments

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Sep 04 2017

Tata Sons Limited vs.mr Rajbir Jindal @ Ors

Court: Delhi

Decided on: Sep-04-2017

$~ * + % #1 IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 222/2016 TATA SONS LIMITED ..... Plaintiff Through: Ms. Geetanjali Visvanathan with Ms. Asavari Jain, Advocates versus MR RAJBIR JINDAL @ ORS ..... Defendant Date of Decision:4. h September, 2017 Through: Ex Parte CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) I.A. 9440/2017 1. Present application has been filed under Order VIII Rule 10 read with Section 151 CPC and Order XIII-A Rules 3 and 6(1)(a) of the Commercial Courts Act, 2015.2. It is pertinent to mention that the present suit has been filed seeking a permanent injunction restraining infringement of registered trademarks, passing off, dilution and tarnishment, unfair competition, damages, rendition of accounts, delivery up, etc. against the CS (COMM) 222/2016 Page 1 of 9 defendants. The prayer clause in the present suit is reproduced hereinbelow:-"30. In light of the foregoing, it is respectfully prayed that this Honble Court may be pleased to issue:-...


Sep 04 2017

Sanjay Jain vs.state & Anr.

Court: Delhi

Decided on: Sep-04-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:04. 09.2017 % + W.P.(CRL) 2466/2017 RAJIV JAIN ........ Petitioner Through Mr.Vijay Agarwal, Adv. with Mr.Mudit Jain, Mr.Neeraj Kr. Jha and Ms.Barkha Rastogi, Advs. versus STATE & ANR ........ RESPONDENTS Through Ms.Kamna Vohra, ASC for State. Mr.Amit Mahajan, CGSC with Mr.Kunal Dutt, Adv. for UOI. + W.P.(CRL) 2484/2017 SANJAY JAIN ........ Petitioner Through Mr.Vijay Agarwal, Adv. with Mr.Mudit Jain, Mr.Neeraj Kr. Jha and Ms.Barkha Rastogi, Advs. versus STATE & ANR ........ RESPONDENTS Through Mr.Amit Mahajan, CGSC with Mr.Kunal Dutt, Adv. for UOI. CORAM: HON'BLE MR. JUSTICE VINOD GOEL W.P. (Crl.) 2466/2017 & 2484/2017 Page 1 of 14 VINOD GOEL, J.(Oral) 1. It is trite that the Special Judge under Prevention of Money Laundering Act, 2002 (in short PMLA)/Magistrate is not a wing of the Police but is part of the judicial set up of the country. The order has to be passed by a Judicial Magistrate acting in a judicial capacity. It is...


Sep 04 2017

Ironman Security Services Pvt. Ltd. Vs.uoi and Anr.

Court: Delhi

Decided on: Sep-04-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 04, 2017 W.P.(C) 7782/2017 & C.M.32094/2017 IRONMAN SECURITY SERVICES PVT LTD ........ Petitioner Through: Mr. Kaushal Yadav and Mr. Nandlal Mishra, Advocates versus UNION OF INDIA AND ANR .....Respondents Through: Mr. Vijay Joshi, Senior Panel Counsel with Dr. K.T. Bhowmik, Advocate CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE CHANDER SHEKHAR S. RAVINDRA BHAT, J.(OPEN COURT) 1.... Petitioner complains of arbitrariness in the manner of consideration of its tender by the respondents and therefore, seeks appropriate direction under Article 226 of the Constitution of India.2. The brief facts of the case are that on 3rd April, 2017, an E-Tender Notice (hereinafter called NIT) was published inviting online bids for the Two Bids System from amongst the registered private security agencies with relevant experience, to provide trained security personnel to healthcare institutions. The NIT required 250 Se...


Sep 04 2017

Bharti Axa Gen. Ins. Co. Ltd. Vs.ram Singh

Court: Delhi

Decided on: Sep-04-2017

$~12 & 21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:4. h September, 2017 + MAC APPEAL No.647/2016 BHARTI AXA GEN. INS. CO. LTD. ..... Appellant Through: Mohd. Mustafa, Adv. versus RAM SINGH ..... Respondent Through: Mr. S.N. Parashar, Adv. with respondent in person. + MAC APPEAL No.1073/2016 RAM SINGH ..... Appellant Through: Mr. S.N. Parashar, Adv. with versus appellant in person. BHARTI AXA GEN. INS. CO. LTD. ..... Respondent Through: Mohd. Mustafa, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Ram Singh (first respondent in MAC Appeal No.647/2016 and appellant in cross appeal MAC Appeal No.1073/2016), statedly earning his livelihood as a cook, then aged about 49 years, suffered injuries in motor vehicular accident that occurred on 28.12.2013 at MAC Appeal No.647/2016 & conn. Page 1 of 5 about 8.40 p.m. in front of Hotel Lalit, ahead of Sarai Toll Tax, Delhi Faridabad road due to negligent driving of truck trolla bearing registration No.HR38 5725, admittedly...


Sep 04 2017

Mohd. Zaheer & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Sep-04-2017

$~15 * + % 1.2. 3. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1501/2017 MOHD. ZAHEER & ORS. ........ Petitioners Through: Mr. Yashvir Sethi, Advocate along with petitioners in person. versus STATE & ANR. ........ RESPONDENTS Through: Mr. Rajesh Mahajan, ASC for State along with ASI Rajender Kumar, PS Farsh Bazar, Delhi. Respondent No.2 in person along with her father. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER0409.2017 Status report has been filed. Respondent No.2 is present with her father. She is duly identified by the IO ASI Rajender Kumar. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of Cr.P.C, 1973 (in short Cr.P.C) for quashing of the FIR bearing No.324/2016, registered against them on 26.07.2016 with Police Station Farsh Bazar, Delhi (East District), under Sections 498A/4IPC on the complaint of respondent W.P. (Crl.) 1501/2017 Page 1 of 4 4.5. 6.7. 8. No.2. The marriage of the petiti...


Sep 04 2017

South Delhi Municipal Corporation vs.foundation for Organizational Res ...

Court: Delhi

Decided on: Sep-04-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:04. 09.2017 + LPA6902016 & CM Nos.45753/2016 SOUTH DELHI MUNICIPAL CORPORATION ..... Appellant Through: Mr. Sanjay Poddar, Sr. Adv. with Ms. Mansi Gupta and Mr. Govind, Advs. for SDMC. versus AMBIENCE EDUCATION SOCIETY ..... Respondent Through: Ms. Madhumita Bhattacharjee, Adv. And connected matter: + LPA4062017 & CM No.20520-20521/2017 CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE CHANDER SHEKHAR MR. JUSTICE S. RAVINDRA BHAT % The appeals are dismissed. For detailed judgment, the decision dated 04.09.2017 in LPA No.690/2016 may be referred to. SEPTEMBER04 2017 kks S. RAVINDRA BHAT, J CHANDER SHEKHAR, J...


Sep 04 2017

Anil Kumar Singh vs.m/s Mahindra & Mahindra Finance Service Pvt Ltd

Court: Delhi

Decided on: Sep-04-2017

* + % ANIL KUMAR SINGH IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.357/2016 4th September, 2017 ..... Appellant Through: Mr. K.M.M. Khan and Mr. N.N. Bain, Advocates. versus M/S MAHINDRA & MAHINDRA FINANCE SERVICE PVT LTD ..... Respondent Through: Mr. Vardhman Kaushik, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) FAO No.357/2016 and C.M. Appl. No.205/2017 (for condonation of delay ofdays in filing the appeal) 1. This first appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) is filed by the borrower impugning the order dated 30.5.2013 passed under Section 9 of the Act. FAO No.357/2016 Page 1 of 6 2. By the impugned order a Receiver has been appointed with respect to vehicle Mahindra Champion and which was purchased by the appellant as per the loan given by the respondent. The impugned order reads as under:-"30.05.2013 Present: Counsel for petitioner. Present...


Sep 04 2017

Principal Commissioner of Income Tax (Central)-2 vs.vidya Shankar Inve ...

Court: Delhi

Decided on: Sep-04-2017

$~ * 2 to 7 + + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA No.566/2017 PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-2 Through: Mr. Ashok K. Manchanda, Senior Standing counsel with Mr. Anand Chaudhuri, Advocate. ..... Appellant versus INDEX SECURITIES PRIVATE LIMITED ..... Respondent Through: Mr. Salil Agarwal with Mr. Ravi Pratap, Advocates. With ITA No.567/2017 PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL)-2 ..... Appellant Through: Mr. Ashok K. Manchanda, Senior Standing counsel with Mr. Anand Chaudhuri, Advocate. versus VIDYA SHANKAR INVESTMENT PRIVATE LIMITED ..... Respondent Through: Mr. Salil Agarwal with Mr. Ravi Pratap, Advocates. + With ITA No.568/2017 PRINCIPAL COMMISSIONER OF INCOME TAX ITA No.566/2017 & connected matters Page 1 of 21 (CENTRAL)-2 Through: Mr. Ashok K. Manchanda, Senior Standing counsel with Mr. Anand Chaudhuri, Advocate. ..... Appellant versus VIDYA SHANKAR INVESTMENT PRIVATE LIMITED ..... Respondent Through: Mr. Salil Agarwal with Mr. Ravi Pratap, Advoc...


Sep 04 2017

M/S Instapower Ltd. Vs.m/s Alpha Interiors Pvt Ltd & Ors.

Court: Delhi

Decided on: Sep-04-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:4. h September, 2017 CS(COMM) 1517/2016 M/S INSTAPOWER LTD. ..... Plaintiff Represented by: Mr. Mudit Gupta, Advocates versus M/S ALPHA INTERIORS PVT LTD & ORS. .....Defendants Represented by: None. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Plaintiff is a limited company duly registered under the Companies Act having its registered office at New Delhi and has filed the present suit through Shri S.P. Singh, its AGM (administration) and duly authorized attorney. In the plaint it is claimed that plaintiff is a renowned company dealing in UPS systems inverters etc. since the year 1992 and since the year 2003, the company has been manufacturing and selling energy efficient lighting systems including solar power based systems. In the year 2003, plaintiff developed an energy saving aviation warning light which was in conformity to ICAO/FAA standards. The plaintiff is also the proprietor/owner of the CS(COMM) 1517/2...


Sep 04 2017

Suhelvats & Ors. Vs.the State Nct of Delhi & Anr

Court: Delhi

Decided on: Sep-04-2017

$~34 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2520/2017 SUHELVATS & ORS. ........ Petitioners Through Mr. S.K. Sharma, Advocate with Mr.Prayas Aneja, Advocate and petitioners in person. versus THE STATE NCT OF DELHI & ANR ........ RESPONDENTS Through: Ms. Nandita Rao, ASC for the State with SI Vikas Sahu, P.S. Vikas Puri, Delhi Mr. Dharmish Thanai, Advocate with Mr. Dinesh Sharma, Advocate for R-2 along with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER0409.2017 Crl.M.A. 14442/2017 (exemption) % Exemption allowed subject to all just exceptions. Application is disposed of. W.P.(CRL) 2520/2017 1. Notice. Ld. ASC for State who appears on an advance copy accepts notice. Notice to respondent No.2 also. She accompanied by her father is present in court and accepts notice. She is being represented by her counsel. She is duly identified by IO Vikas Sahu. The petitioners have invoked the Writ jurisdiction of this court under 2.3. W.P. (Crl.) No.2520/2017 Pa...


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