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Delhi Court January 2018 Judgments

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Jan 19 2018

Prabhu Dayal Public School and Anr. Vs.ms Dev Bala Through Her Lrs Jag ...

Court: Delhi

Decided on: Jan-19-2018

* 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 19, 2018 + W.P.(C) 949/2017 & C.M. 4327/2017 (i) (ii) + W.P.(C) 3808/2017 & C.M. 16719/2017 (iii) + W.P.(C) 3850/2017 & C.M. 16889/2017 PRABHU DAYAL PUBLIC SCHOOL AND ANR. ...... Petitioners Through: Mr. K.P. Sundar Rao, Ms.Seema Meena & Ms. R. Gayathri Manasa, Advocates Versus (i) N R VERMA AND ANR. (ii) ANITA BHARADWAJ & ANR. (iii) MS DEV BALA THROUGH HER LRS JAGAT BANDHU AND ANR. ........ RESPONDENTS Through: Mr. Ashok Aggarwal & Mr. Anuj Aggarwal, Advocates for respondent No.1 Mr. Santosh Kumar Tripathi, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL In the above captioned three petitions, challenge is to order of 5th October, 2016 (Annexure-A) of Delhi School Tribunal (henceforth referred to as the Tribunal) vide which penalty of removal from service has been set aside with direction to reinstate respondents- teachers/ Laboratory Assistant. Counsel representing both the sides s...


Jan 19 2018

Vansons Footwear (P) Ltd vs.usp Fashion Weaves (P) Ltd & Ors

Court: Delhi

Decided on: Jan-19-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h January, 2018 CS(OS) No.36/2017 VANSONS FOOTWEAR (P) LTD ..... Plaintiff Through: Mr. Giriraj Subramanium and Mr. Simarpal Singh Sawhney, Advs. Versus USP FASHION WEAVES (P) LTD & ORS ..... Defendants Through: Mr. V. Elanchezhiyan & Mr. Jawaid Hussain Khan, Advs. for D-1,2&4. Mr. Govind Rishi, Adv. for D-3. Mr. Jai Kant Prashant, Adv. for applicants. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.15364/2017 (of plaintiff u/S151CPC) 1. The order dated 20th December, 2017 is made absolute and the application is disposed of. IA No.15365/2017 (of plaintiff u/O XII R-6 CPC) 2. The plaintiff has instituted this suit, (a) for ejectment of the defendants from property No.A-II/79 A&B, Lajpat Nagar-II, New Delhi, after determination of tenancy of the defendant No.1 with respect thereto; (b) for recovery of arrears of rent in the sum of Rs.50 lakhs with interest; and, (c) for recovery of mesne profits @ Rs.70,000/- per day ...


Jan 19 2018

Subash Gupta vs.state

Court: Delhi

Decided on: Jan-19-2018

$~ * + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. d December, 2017 Pronounced on:19. h January, 2018 CRL.A. 247/2000 SUBASH GUPTA ..... Appellant Through: Mr.Mohit Mathur, Sr. Advocate with Mr.Vikram Panwar, Mr Vikas Walia and Mr. Sumit Misra, Advocates STATE STATE versus ..... Respondent Through: Ms. Anita Abraham and Ms. Radhika Kolluru, APP for State. Ms Gitanjali Malviya and Ms Sana-Ul-Haq and Mr Purushendra Bhardwaj, Advocates for Respondent Nos. 6, 7 & 9 And CRL.A. 81/2003 ..... Appellant Through: Ms. Anita Abraham and Ms. Radhika Kolluru, APP for State versus ........ RESPONDENTS SUBASH GUPTA & ORS. Through: Mr.Mohit Mathur, Sr. Advocate with Mr.Vikram Panwar, Mr Vikas Walia and Mr Sumit Misra, Advocates for R-1 Mr Ravinder Tyagi, Ms Kanishka Tyagi, Ms Kartika Tyagi and Ms Divya Singhal, Advocates Crl.A.247/2000 & Crl.A.81/2003 Page 1 of 55 for Respondent Nos.3, 4 and 5 Ms Gitanjali Malviya and Ms Sana-Ul-Haq and Mr.Purushendra Bhardwaj, Advocates for... RESPONDEN...


Jan 19 2018

Nasir vs.state of Nct of Delhi

Court: Delhi

Decided on: Jan-19-2018

$~ * + + + Versus Crl.As.1226/2013, 1383/2013, 1460/2013 & 1581/2013 Page 1 of 30 IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1226/2013 Reserved on:3. d January, 2018 Decided on:19. h January, 2018 JAMIL @ JAMIR Through: Mr.Kanhaiya (DHCLSC). ..... Appellant Singhal, Advocate Versus STATE (GOVT NCT OF DELHI) ..... Respondent Through: Ms.Radhika Kolluru, APP for State CRL.A. 1383/2013 IRSHAD @ PUCHI Through: Ms.Inderjeet (DHCLSC). Versus ..... Appellant Advocate Sidhu, STATE (GOVT. OF NCT) OF DELHI Through: Ms.Radhika Kolluru, APP for State. ..... Respondent NASIR CRL.A. 1460/2013 Through: Mr.Kanhaiya Singhal, Advocate ..... Appellant Versus STATE OF NCT OF DELHI ..... Respondent Through: Ms.Kusum Dhalla, APP for State. + YASIN CRL.A. 1581/2013 Through: Mr.Aditya (DHCLSC) with Mr.Avinash, Advocate. Vikram, ..... Appellant Advocate STATE CORAM: JUSTICE S. MURALIDHAR ..... Respondent Through: Ms.Kusum Dhalla, APP for State. JUSTICE I.S. MEHTA JUDGMENT Dr. S. Muralidhar, J.:1. These 4 a...


Jan 19 2018

Prabhu Dayal Public School and Anr. Vs.n R Verma and Anr.

Court: Delhi

Decided on: Jan-19-2018

* 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 19, 2018 + W.P.(C) 949/2017 & C.M. 4327/2017 (i) (ii) + W.P.(C) 3808/2017 & C.M. 16719/2017 (iii) + W.P.(C) 3850/2017 & C.M. 16889/2017 PRABHU DAYAL PUBLIC SCHOOL AND ANR. ...... Petitioners Through: Mr. K.P. Sundar Rao, Ms.Seema Meena & Ms. R. Gayathri Manasa, Advocates Versus (i) N R VERMA AND ANR. (ii) ANITA BHARADWAJ & ANR. (iii) MS DEV BALA THROUGH HER LRS JAGAT BANDHU AND ANR. ........ RESPONDENTS Through: Mr. Ashok Aggarwal & Mr. Anuj Aggarwal, Advocates for respondent No.1 Mr. Santosh Kumar Tripathi, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL In the above captioned three petitions, challenge is to order of 5th October, 2016 (Annexure-A) of Delhi School Tribunal (henceforth referred to as the Tribunal) vide which penalty of removal from service has been set aside with direction to reinstate respondents- teachers/ Laboratory Assistant. Counsel representing both the sides s...


Jan 19 2018

Marina Food Products Private Limited vs.britannia Industries Limited

Court: Delhi

Decided on: Jan-19-2018

$~13 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:19. 01.2018 FAO252018 & CAV4142/2018, CM APPL. 2153/2018, CM APPL. 2154/2018 MARINA FOOD PRODUCTS PRIVATE LIMITED ..... Appellant Through: Mr. Anupam Lal Das and Mr. Krishanu Barua, Advocates. versus BRITANNIA INDUSTRIES LIMITED ..... Respondent Through: Mr. K.K. Sharma, Senior Advocate with Mr. Sawarn Rajan, Mr. Akshay Srivastava & Mr. Sanchay Mehrotra, Advocates. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI Allowed, subject to all just exceptions. The application stands disposed off. NAJMI WAZIRI, J (Oral) CM APPL. 2155/2018 1.2. FAO252018 & CAV4142/2018, CM Nos. 2153-2154/2018 3. The appellant has impugned an ex-parte injunction passed by the learned Trial Court on 23.12.2017 in T.M.No.142/17, restraining the appellant from using the trademark MARIE for selling biscuits. It is the appellants case that MARIE is a generic word and has been used for many years in India, particularly, that the said trademark is used by ...


Jan 19 2018

Amit Sethi vs.suraj Bhan

Court: Delhi

Decided on: Jan-19-2018

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI % * + Date of Decision:19. h January, 2018 IN THE HIGH COURT OF DELHI AT NEW DELHI FAO992017 & CM No.4186-4187/2017 AMIT SETHI SURAJ BHAN ..... Appellant Through: Mr. Vaibhav Sethi, Ms. Priya Pathania and Mr. Vikhtat Oberoi Advs. versus ..... Respondent Through: Mr. R.S. Jena and Mr. K.C. Baliarsingh, Advs.. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The respondent The appellant has challenged the order dated 11th November, 1. 2016 whereby the Commissioner, Employees Compensation awarded compensation of Rs.2,13,102/- to the respondent.2. instituted an application for compensation before the Commissioner, Employees Compensation claiming that he was working as helper with the M/s Kalinga Gold and his last drawn salary was Rs.7,000/- per month; on 28th February, 2014 at 10 A.M, the respondent suffered injury in his left knee whereupon he was taken by the other workers to Pahalwan Bone Treatment Centre at Madhipur; the respondent to...


Jan 19 2018

Sh. Chand Khan vs.sh. Mohammad Muzeeb

Court: Delhi

Decided on: Jan-19-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SH. CHAND KHAN RFA No.59/2018 19th January, 2018 Through: ..... Appellant Mr. Vatsal Kumar and Mr. Chirag Sharma, Advocates versus SH. MOHAMMAD MUZEEB CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.2308/2018 (Exemption) 1. Exemption allowed subject to just exceptions. CM stands disposed of. CM No.2309/2018 (delay in re-filing) 2. For the reasons stated in the application, delay in re-filing is condoned. CM stands disposed of. CM No.2306/2018 (delay of 457 days in filing the appeal) & CM No.2307/2018 (stay) in RFA No.59/2018 3. There is a large delay of 457 days in filing of the appeal by the appellant/defendant against the impugned judgment and decree RFA No.59/2018 Page 1 of 5 decreeing the suit for recovery of Rs.13,50,000/- along with interest at 8% per annum simple. The delay is sought to be explained by the appellant/defendant by pleading that appellant...


Jan 19 2018

Deepak Khosla and Ors. Vs.vikram Bakshi and Ors.

Court: Delhi

Decided on: Jan-19-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. 01.2018 C.M. NOS.16893/2017 & 16894/2017 IN FAO (OS) 359/2011 DEEPAK KHOSLA AND ORS. ..... Appellants Through : Appellant in person. versus VIKRAM BAKSHI AND ORS. ........ RESPONDENTS Through : Sh. Rishi Sood with Sh. Anand. M. Mishra, Advocate, for Respondent No.1. CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE SANJEEV SACHDEVA MR. JUSTICE S. RAVINDRA BHAT condonation of delay) & C.M. % C.M.NOS.16894/2017 APPL.16893/2017 (for restoration) 1. (for The appellant, by this application, seeks condonation of delay of 805 days in filing an application (CM No.16893/2017) for restoration of the appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act), against an order of the learned Single Judge granting interim relief to the respondent, Mr. Vikram Bakshi under Section 9 of the Arbitration Act, passed on 16.11.2010.2. It is unnecessary to set out the entire gamut of facts, save those ...


Jan 19 2018

Rajinder Singh and Ors. Vs.union of India and Ors

Court: Delhi

Decided on: Jan-19-2018

$~20 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:19. h January, 2018 + W.P.(C) 743/2016 RAJINDER SINGH AND ORS. Through: Mr. S. B. S. Vashishta, Advocate. ........ Petitioners versus UNION OF INDIA AND ORS ........ RESPONDENTS Through: Mr.Yeeshu Jain, Standing Counsel for L&B/LAC with Ms. Jyoti Tyagi, Advocate. Mr. Kamal Sharma, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. Counter affidavit has been filed by LAC in the Registry today. Matter was passed over once to enable the counsel for LAC to place the counter affidavit on record.2. This is a petition under Article 226 of the Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to land of the petitioners comprised in Khasra Nos. 39/1(2-00), 17 (4-16) and 24 (4-14) to the extent of 1/6th share, situated in the revenue estate of village Rani Khera, Delhi (hereinafter referred to ...


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