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Delhi Court October 2018 Judgments

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Oct 09 2018

Ajit Pal Singh Bindra vs.bharat Bhushan Chadha

Court: Delhi

Decided on: Oct-09-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :1. t October, 2018 Date of decision :9th October, 2018 CS (OS) 3989/2014 AJIT PAL SINGH BINDRA ..... Plaintiff BHARAT BHUSHAN CHADHA versus Through: Mr. Raman Kapoor, Senior Advocate with Mr. Aviral Tiwari, Advocate. (M:9811758739) Through: Mr. Manjeet Advocate. (M:8000580000) ..... Defendant Singh Bhamra, CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.I.As. 4533/2017 (u/O VII Rule 11 CPC), 13083/2017 (u/O XXXIX Rule 4 CPC) 1. The brief background of the present suit is that an agreement to sell in the form of receipt-cum-agreement was entered into in respect of property bearing No.J-2/16, Ground Floor, Rajouri Garden, New Delhi along with 50% rights in the land underneath (hereinafter suit property) between the Plaintiff and the Defendant. The document was in the form of a receipt- cum-agreement dated 23rd February, 2011, which reads as under: RECEIPT CUM AGREEMENT J2/16, G.F., Rajouri Garden, New Delhi Receiv...


Oct 09 2018

Delhi State Industrial & Infrastructure Development Corporation Ltd vs ...

Court: Delhi

Decided on: Oct-09-2018

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:9. h October, 2018 + O.M.P. (COMM) 117/2017 DELHI STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD ........ Petitioner Through: Ms. Anusuya Salwan, Ms. Renuka Arora and Ms. Nikita Salwan, Advocates. (M:9811225368) Ms. Kanika Bansal and Ms. Shreya Sharma, Advocates. (M:9999078085) M/S LARSEN & TOURBO LTD. versus ..... Respondent Through: Mr. S. Santanam Swaminadhan, Advocate. (M:9810061495) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. Present petition has been filed challenging the award dated 7th June, 2014 passed by the Ld. Sole Arbitrator. A tender was floated by the DSIIDC for Construction of Infrastructure Development Works (Roads, water supply, sewerage & storm water drainage) in New Industrial Area at Village Bhorgarh, Part-B (Bawana, Phase-II), Delhi. The Respondent had submitted its bid and the contract was awarded to the Respondent with the value of Rs.77,44,33,504/-.2. The date of ...


Oct 09 2018

Union of India Through Its Secretary vs.intercity Cables Pvt. Limited

Court: Delhi

Decided on: Oct-09-2018

$-26 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:09. 10.2018 + OMP (COMM.) 429/2018 UNION OF INDIA THROUGH: ITS SECRETARY ........ Petitioner Through: Mr.Dinesh Agnani, Sr. Adv. with Mr.L.B.Rai, Mr.Mohit Kumar Sharma, Ms.Disha Singh, Advs. versus INTERCITY CABLES PVT. LIMITED ..... Respondent Through: Mr.Sachin Datta, Sr. Adv. with Ms.Kanika Sinha, Mr.Tanmaya Sinha, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) IA139722018 Exemption allowed subject to all just exceptions. OMP (COMM) 429/2018 & IA139712018 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996(hereinafter referred to as the Act) has been filed by the petitioner challenging the Arbitral Award dated 25.07.2018 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Advance Purchase Order dated 25.09.1995 and the OMP (COMM.) No.429/2018 Page 1 subsequent Purchase Order dated 23.02.1996 for supply of Optica...


Oct 09 2018

K M Tomar vs.state Bank of India & Ors

Court: Delhi

Decided on: Oct-09-2018

$~54 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA5742018 K M TOMAR Date of Judgment:9. h October, 2018 ..... Appellant Through Mr. K.C. Mittal, Ms. Ruchika Mittal, versus Mr. Amit P. Shahi & Mr. Yugansh Mittal, Advocates. CORAM: STATE BANK OF INDIA & ORS ........ RESPONDENTS Through Mr. Rajiv Kapur & Ms. Khushboo Kapur, Advocates for R-1/SBI. HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S. SISTANI, J.(ORAL) CM APPL421042018 (exemption) 1.2. Exemption is allowed, subject to all just exception. The application stands disposed of. CM APPL421022018 (delay in re-filing) 3. This application has been filed by the applicant/appellant seeking condonation of 97 days delay in re-filing the appeal.4. Prayer made in this application is not opposed. Accordingly, the same is allowed. Delay of 97 days in re-filing the appeal is condoned.5. The application stands disposed of. CM APPL421012018 (delay in filing) 6. This application has been filed by the applicant/app...


Oct 08 2018

Beeru vs.state

Court: Delhi

Decided on: Oct-08-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. h September 2018 Decided on:8. h October 2018 + CRL.A. 1029/2017 + + RAMESH @ PINDARI Through: Ms. ..... Appellant Inderjeet Sidhu, Advocate STATE ISLAM STATE (DHCLSC). versus Through: Mr. Hirein Sharma, APP for State. ..... Respondent CRL.A. 1122/2017 ..... Appellant Through: Mr. Dhruv Gupta, Advocate (DHCLSC). versus Through: Mr. Hirein Sharma, APP for State. ..... Respondent CRL.A. 14/2018 & CRL.M.B. 15/2018 BEERU STATE ..... Appellant Through: Mr. Biswajit Kumar Patra, Advocate (DHCLSC). versus Through: Mr. Hirein Sharma, APP for State. ..... Respondent CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL Crl. A. Nos. 1029, 1122 of 2017 & 14 of 2018 Page 1 of 26 Dr. S. Muralidhar, J.: JUDGMENT1 The present appeals are directed against the judgement dated 18th September 2017 passed by the learned Additional Sessions Judge, Special Fast Track Court-2 (Central) (the trial Court) in SC No.27600/2016 arising out of FIR No.26/2015 c...


Oct 08 2018

Vijendra Kumar @ Vijendder Solanki & Ors vs.state of Nct of Delhi & An ...

Court: Delhi

Decided on: Oct-08-2018

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 3940/2018 Judgment delivered on:08.10.2018 VIJENDRA KUMAR @ VIJENDDER SOLANKI & ORS versus STATE OF NCT OF DELHI & ANR ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: Mr. Yogesh Gaur, Adv. For the... Petitioner : For the... RESPONDENTS : CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Kamal Kr. Ghai, Addl. PP for the State with ASI Ghanshyam Dass Mr. Sunder Lal, Adv. for R-2 with R-2 in person. JUDGMENT0810.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 29396/2018 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 3940/2018 1.... Petitioners seek quashing of FIR No.40 of 2017 under Sections 498A/406 IPC registered at Police Station CAW Cell, Nanakpura, CRL.M.C. 3940/2018 Page 1 of 3 Delhi, based on a settlement.2. 3. Subject FIR emanates out of matrimonial discord. Learned counsel for the petitioners submits that the parties have settled their disputes and settlement dated 11.10.2017 has been...


Oct 08 2018

Millennium & Copthorne International Limited vs.aryans Plaza Services ...

Court: Delhi

Decided on: Oct-08-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:20. h September, 2018 Pronounced on:08. h October, 2018 + CS(COMM) 774/2016 MILLENNIUM & COPTHORNE INTERNATIONAL LIMITED ..... Plaintiff Through Mr.Rajshekhar Rao, Mr.JV Abhay, Ms.Rosalyn Malik and Ms.Krittika Vijay, Advocates. versus ARYANS PLAZA SERVICES PRIVATE LIMITED & ORS ..... Defendants Through Mr.Sohan Singh Rana, Ms.Priya Adlakha, Mr.Daljeet Dabas and Mr.Ashish Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.IA No.7778/2016 (u/O XXXIX Rules 1 & 2 r/w Sec 151 CPC) 1. This is an application for restraining the Defendants from interalia misappropriating Plaintiffs registered and well known trade mark MILLENNIUM and logo (the "Five Bar M logo") and using identical or deceptively similar trade mark(s).2. The mark /logo of the defendant is given herein: CS (COMM) No774/2016 Page 1 of 17 3. The case of the plaintiff is as follows: a. Plaintiff is a wholly-owned subsidiary of Millennium and Coptho...


Oct 08 2018

Capital Land Builders Pvt. Ltd. Vs.komal & Ors

Court: Delhi

Decided on: Oct-08-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:8. h October, 2018. RFA4632018 CAPITAL LAND BUILDERS PVT. LTD. Through: Mr. Imran Moulaey, Adv. ..... Appellant KOMAL & ORS Versus ........ RESPONDENTS Through: Mr. Sandeep Kumar and Mr. Jatin Rajput, Advs. for R-1. Mr. Shahid Azad and Ms. Meenu Sharma, Advs. for R-2. Mr. Varun Nischal, Adv. for R- 4/EDMC with Mr. D.K. Sharma, A.E. (Building). CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the order [dated 29th January, 2018 in CS No.87/2018 of the Court of Additional District Judge (ADJ)-02, Shahdara]. of dismissal in limine of a suit filed by the appellant/plaintiff.2. This appeal came up first before this Court on 29th May,2018 and thereafter on 31st May, 2018, when notice thereof was ordered to be issued.3. All the five respondents namely (i) Smt. Komal; (ii) Smt. Poonam Panwar; (iii) Sub-Registrar-IV, Shahdara; (iv) Deputy Com...


Oct 08 2018

Uma Devi vs.delhi Fruit & Vegetable Consumer Co-Op Federation Ltd & Or ...

Court: Delhi

Decided on: Oct-08-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:8. h October, 2018 RSA822018 & CM No.41912/2018(u/S151of the CPC read with Order IX Rule 9 of the CPC). UMA DEVI Through: Ms. Suman Kapoor, Adv. ..... Appellant versus DELHI FRUIT & VEGETABLE CONSUMER CO-OP. FEDERATION LTD & ORS ........ RESPONDENTS Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 21st April, 2016 in RCA No.of the Court of the Additional District Judge-03 (West)]. of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 12th December, 2013 in Suit No.264/2001 (New No.817/2002) of the Court of Senior Civil Judge (West)]. of dismissal of the suit filed by the appellant/plaintiff on 25th September, 2001 for (a) mandatory injunction directing the respondent/defendant no.1 to restore back the possession of Sta...


Oct 08 2018

Ramesh @ Pindari vs.state

Court: Delhi

Decided on: Oct-08-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. h September 2018 Decided on:8. h October 2018 + CRL.A. 1029/2017 + + RAMESH @ PINDARI Through: Ms. ..... Appellant Inderjeet Sidhu, Advocate STATE ISLAM STATE (DHCLSC). versus Through: Mr. Hirein Sharma, APP for State. ..... Respondent CRL.A. 1122/2017 ..... Appellant Through: Mr. Dhruv Gupta, Advocate (DHCLSC). versus Through: Mr. Hirein Sharma, APP for State. ..... Respondent CRL.A. 14/2018 & CRL.M.B. 15/2018 BEERU STATE ..... Appellant Through: Mr. Biswajit Kumar Patra, Advocate (DHCLSC). versus Through: Mr. Hirein Sharma, APP for State. ..... Respondent CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL Crl. A. Nos. 1029, 1122 of 2017 & 14 of 2018 Page 1 of 26 Dr. S. Muralidhar, J.: JUDGMENT1 The present appeals are directed against the judgement dated 18th September 2017 passed by the learned Additional Sessions Judge, Special Fast Track Court-2 (Central) (the trial Court) in SC No.27600/2016 arising out of FIR No.26/2015 c...


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