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Delhi Court October 2018 Judgments

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Oct 12 2018

The New India Assurance Co Ltd vs.monika Taneja and Ors

Court: Delhi

Decided on: Oct-12-2018

Date of Decision:12. h October, 2018 IN THE HIGH COURT OF DELHI AT NEW DELHI $~27 * % + MAC.APP. 99/2018 & C.M. Nos.3095/2018, 11945/2018 THE NEW INDIA ASSURANCE CO LTD MONIKA TANEJA AND ORS versus ..... Appellant Through: Ms. Awantika Manohar, Mr. Dhawesh Pahuja & Ms. Parul Pradhan, Advocates. Through: Mr. Ashok Popli, Advocate for R-1 to 3. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.93,98,822/- has been awarded to respondents No.1 to 3. The appellant seeks reduction of the award amount.2. The accident dated 15th June, 2014 resulted in the death of Rajesh. The deceased was aged 50 years at the time of the accident and was self- employed. The deceased was survived by his widow, one son and one daughter.3. The Claims Tribunal took the income of the deceased as Rs.10,72,941/- per annum according to his Income-Tax Return for the assessment year 2013-14, deducted 1/3r...


Oct 12 2018

Naresh Gupta vs.state of Nct of Delhi & Ors

Court: Delhi

Decided on: Oct-12-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(CRL) 2721/2017 & Crl.M.As. 15610-15611/2017 Reserved on:5. h January, 2018 Decided on:12. h October, 2018 NARESH GUPTA ........ Petitioner Represented by: Ms. Sujatha Balachander, Mr. Shreyak Gupta, Advs. versus STATE OF NCT OF DELHI & ORS ..... Respondent Represented by: Ms. Nandita Rao, ASC for State/R-1 with SI Bhawani Shankar PS Mianwali Nagar. Mr. Naushad Ahmed Khan, ASC for R-2&3. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 By the present petition, the petitioner inter-alia seeks declaration of the Circular dated 27th May, 2015 bearing F.No.9(10)65/PNDT/DFW/ 14/4308 (in short the Circular) as void, ultra-vires and illegal, quashing of FIR No.323/2017 registered at PS Mianwali Nagar and the proceedings pursuant thereto and directions to the respondent No.1 to return the seized documents and permit the petitioner to recommence its business operation of repair and sale of MRI machines at the workshop located at M-208, Guru Harkishan Mar...


Oct 12 2018

Union of India & Ors vs.basant Kumar

Court: Delhi

Decided on: Oct-12-2018

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10980/2018 & C.M. Nos.42753/2018 (for stay), 42754/2018 (for exemption) UNION OF INDIA & ORS Through: Mr.Satyendra Kumar, Adv. ........ Petitioners versus BASANT KUMAR Through: None. ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % 1. ORDER1210.2018 The petitioner/Director General, CGHS has filed the present petition being aggrieved by an order dated 19.12.2017, passed by the Central Administrative Tribunal, Principal Bench, New Delhi, allowing OA No.4578/2015 filed by the respondent, who was serving as a casual labour/Waterman with the petitioners, directing them to process his case for regularization from the date his juniors had been regularized.2. The case has a chequered history. Prior to filing OA No.4578/2015, in the year 1999, the respondent had filed OA No.2124/1999 being aggrieved by his disengagement on the part of the petitioners. The said Original Application was disposed of by...


Oct 12 2018

Indian Railway Catering & Tourism Corp. Ltd. Vs.m/s Ambuj Hotel & Real ...

Court: Delhi

Decided on: Oct-12-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:12. h October, 2018 INDIAN RAILWAY CATERING & TOURISM CORP. LTD. O.M.P. 361/2008 Through: Mr. Hitabhilash Mohanty and Mr. Advocates. ........ Petitioner Saurav (M:8448375846) Agrawal, versus $~20 * + M/S AMBUJ HOTEL & REAL ESTATE (P) LTD. ..... Respondent CORAM: JUSTICE PRATHIBA M. SINGH Through: None. Prathiba M. Singh, J.(oral) The Indian Railway Catering & Tourism Corporation (IRCTC) the 1.... Petitioner herein, floated a tender in August, 2005 for operation and management of catering and on board services nos.2429-30 H. Nizamuddin - Bangalore City Rajdhani Express Train. The Respondent submitted its bid for the same. By letter dated 18th October, 2005 it was communicated by the... Petitioner to the Respondent that the decision was taken to award the license to the Respondent. Immediately after the tender was awarded, the... Petitioner started 2. receiving complaints as early as in January, 2006 against the Respondent. The va...


Oct 12 2018

m.a.r.k. Hotels Limited(in vol.liqn.) Vs...........

Court: Delhi

Decided on: Oct-12-2018

$~CP-32 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. 10.2018 CO.PET. No.22/2018 M.A.R.K. HOTELS LIMITED(IN VOL.LIQN.) .......Petitioner Through Ms. Isha Khanna, Adv., Standing Counsel for OL CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This is a petition, filed under Section 497(6) of the Companies Act, 1956(herein referred to as the Act), by the Official Liquidator (OL) for voluntary winding up of M.A.R.K. HOTELS LIMITED (IN VOL.LIQN.) (herein referred to as the said company) from the date of the filing of the instant petition.2. The said Company was incorporated under the provisions of the Act with Registrar of Companies (ROC), NCT of Delhi & Haryana at Delhi originally incorporated on 27.11.1989, vide CIN No.U74899DL1989PLC038453 with an authorized capital of Rs.50,00,000 (Rupees Fifty Lacs only) divided into 5,00,000 (Five lacs) equity share of Rs.10/- (Rupees Ten) each.3. The registered office of the said company is situated within the terr...


Oct 12 2018

Sun Pharmaceutical Industries Ltd vs.infocom Network Limited & Ors

Court: Delhi

Decided on: Oct-12-2018

21 $~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 922/2018 & I.A. 7704/2018 SUN PHARMACEUTICAL INDUSTRIES LTD ..... Plaintiff Through: Mr.Sachin Gupta, Advocate. Versus INFOCOM NETWORK LIMITED & ORS ..... Defendants Through: Mr. Sitesh Narayan Singh, Advocate for defendant No.13. Date of Decision:12. h October, 2018 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present suit has been filed for permanent injunction restraining infringement of trademark, passing off, unfair competition, rendition of accounts of profits/damages and delivery up. The prayer clause is reproduced hereinbelow:-"32. It is, therefore, most respectfully prayed that this Honble Court may be pleased to grant the following reliefs in favour of the Plaintiff and against the Defendants: (a) A decree for permanent injunction restraining the Defendants, their directors, partners or proprietors, as the case may be, their assignees in business, its distributors, retailers/chemists, stockist...


Oct 12 2018

National Highways Authority of India vs.dic - Ncc (Jv)

Court: Delhi

Decided on: Oct-12-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 416/2017 & I.A. No.13742/2017(Stay) Reserved on:03. 07.2018 Date of decision :12. 10.2018 NATIONAL HIGHWAYS AUTHORITY OF INDIA........ Petitioner DIC - NCC (JV) Through: Ms. Kritika Shukla, Advs. versus Through: Dr. Amit George, Mr. K. ..... Respondent Dhananjaya Naidu, Mr. Swaroop George and Mr. Rishabh Dheer, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 The petitioner by way of this present petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), challenges the Arbitral Award dated 18.07.2017 passed by the Arbitral Tribunal (hereinafter referred to as Impugned Award), partially awarding certain claims in favour of the respondent, while rejecting the counter-claims raised by the petitioner. The Impugned Award allowed an amount of Rs. 66,00,02,997/- inclusive of pre-award interest and alongwith post award interest in favour of the respondent, while also directing the p...


Oct 12 2018

Rajeshwar Kumar vs.jaina Properties (P) Ltd

Court: Delhi

Decided on: Oct-12-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h October, 2018. RSA442017 & CM No.42663/2018 (for recalling of order dated 10th September, 2018) RAJESHWAR KUMAR ..... Appellant Through: Mr. Sanjay Agnihotri and Vikram Singh Yadav, Advs. ..... Respondent Versus JAINA PROPERTIES (P) LTD CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 Through: None. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 26th September, 2016 in RCA DJ/60759/2016 of the Court of Additional District Judge-09 (West)]. of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 5th February, 2015 in Suit No.153/2013 of the Court of Civil Judge-04 (Central)]. of dismissal of suit filed by the appellant/plaintiff for specific performance of the contract dated 22nd February, 1986 and to hand over shop bearing No.G-29, Ground Floor, measuring 60 sq. ft. situated ...


Oct 12 2018

Ashish Grewal & Ors. Vs.union of India & Anr.

Court: Delhi

Decided on: Oct-12-2018

$~2 to 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:12. 10.2018 ARB.P. 589/2018 ASHISH GREWAL & ORS. ........ Petitioners Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs. UNION OF INDIA & ANR. versus ........ RESPONDENTS Through Mr. Mahender Kr. Bhardwaj and Ms.Vinita Kumar Ashutosh, Advs. for R-1. Ms. Kritika Shukla, Adv for NHAI. + ARB.P. 590/2018 & I.A. No.10817/2018 SATINDER SINGH GREWAL ........ Petitioner Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs. UNION OF INDIA & ANR. versus Through Mr. Anil ........ RESPONDENTS Soni, CGSC with Mr.Abhinav Tyagi and Ms. Priyanka Singh, Advs. Ms. Kritika Shukla, Adv for NHAI. + ARB.P. 591/2018 & I.A. No.10818/2018 SURENDER RANA ........ Petitioner Through Mr. Uttam Datt and Mr. Tarun Sharma, Advs. UNION OF INDIA & ANR. versus ........ RESPONDENTS ARB.P. 589/2018 & Connected Pg. 1 of 7 + Through Mr. Mahender Kr. Bhardwaj and Ms.Vinita Kumar Ashutosh, Advs. for R-1. Ms. Kritika Shukla, Adv for NHAI. ARB.P. 596/2018 SAT...


Oct 12 2018

Lalit Bhola vs.state & Anr

Court: Delhi

Decided on: Oct-12-2018

........ Petitioner versus Judgment delivered on:12. 10.2018 CRL.M.C. 5266/2018 LALIT BHOLA $~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Advocates who appeared in this case: For the... Petitioners : For the... RESPONDENTS: Mr. Panna Lal Sharma, APP for the State. Mr. Puneet Maheshwari, Advocate for respondent No.2 with respondent No.2 in person. Insp. Sahib Singh, PS Sarai Rohilla. Mr. M.P. Sinha with Mr. Girik Tolani and Mr. Yatharth Sinha, Advocates. ........ RESPONDENTS STATE & ANR CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1210.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.34255/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 5266/2018 1. The petitioner seeks quashing of FIR No.917/2015, under Section 66C Information Technology Act, 2000 (IT Act for short) Police Station Sarai Rohilla, based on a settlement. CRL.M.C.5266/2018 Page 1 of 3 2. The allegations against the petitioner are that petitioner created fake online accounts in the name of t...


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