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Delhi Court October 2018 Judgments

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Oct 30 2018

State vs.fatima

Court: Delhi

Decided on: Oct-30-2018

Versus STATE FATIMA CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. Through: ..... Respondent $~10 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. 10.2018 CRL.L.P. 153/2018 ........ Petitioner Through: Mr. Rajat Katyal, Additional Public Prosecutor for State with SI Krishan Lal, P.S. Seelammpur. This petition seeks leave to impugn the judgment dated 03.11.2017, passed by the learned Special Judge (NDPS), North-East, Karkardooma Courts, Shahdara, Delhi in case FIR No.01/2015 registered under section 21 of the Narcotic Drugs and Psychotropic Substances Act,1985, at Police Station Seelampur.2. It is the petitioners case that the impugned order is erroneous in as much as it has failed to appreciate the fact that no notice under Section 50 of the NDPS Act was required to be served; that in any case, after due intimation of her rights, the respondent had waived her rights apropos CRL. L.P. 153/2018 Page 1 of 4 personal search before a Gazetted Officer; the peti...


Oct 30 2018

Iilm World School vs.s. S. Mann & Anr.

Court: Delhi

Decided on: Oct-30-2018

$~34 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. h October, 2018 OMP5642010 IILM WORLD SCHOOL ........ Petitioner Through: Mr. Samrat Nigam, Mr. Sandeep Mittal and Ms. Rekha, Advocates. (M:9560952425) versus S. S. MANN & ANR. Through: Mr. Sandeep Sharma and Mr. Aman Dhyani, Advocates. (M:9717464364) ........ RESPONDENTS CORAM: JUSTICE PRATHIBA M. SINGH The present petition under Section 34 of Prathiba M. Singh, J.(Oral) the Arbitration and 1. Conciliation Act, 1996 has been filed challenging the award dated 21st May, 2010 passed by the learned Sole Arbitrator. The Respondent Contractor (hereinafter Contractor) was awarded a construction contract on 1st April, 2005 for building the IILM campus at Gurgaon. The total value of the contract comprising civil/structural work was Rs.4,82,37,613/-. The contract had an arbitration clause, which reads as under: first be sought ARBITRATION 14. In the event of any dispute arising out of or in relation to this agreement between...


Oct 30 2018

Impresario Entertainment & Hospitality Pvt Ltd vs.mocha Blu Coffee Sho ...

Court: Delhi

Decided on: Oct-30-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 733/2017 & I.A. 21714/2015, 15026/2018 IMPRESARIO ENTERTAINMENT & HOSPITALITY PVT LTD ..... Plaintiff Through: Ms. Shikha Sachdeva, Advocate with Ms. Mugdha Palsule and Mr.Vivian Mathur, Advocates. versus Through: None. MOCHA BLU COFFEE SHOP % CORAM: HON'BLE MR. JUSTICE MANMOHAN ..... Defendant Date of Decision:30. h October, 2018 JUDGMENT MANMOHAN, J: (Oral) I.A. 15026/2018 1. Present application under Order VIII Rule 10 read with Section 151 CPC read with Order XIII-A of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 has been handed over in Court. The Registry has numbered the said application and the same is taken on record.2. It is pertinent to mention that the present suit has been filed seeking permanent and mandatory injunction restraining infringement of trade mark MOCHA against the defendant. At the outset, learned CS (COMM) 733/2017 Page 1 of 8 counsel for plaintiff stat...


Oct 30 2018

A N Traders Private Limited vs.shriram Distribution Services Private L ...

Court: Delhi

Decided on: Oct-30-2018

$~13 * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h October, 2018 O.M.P. (COMM) 169/2018 & IA No.5393/2018 A N TRADERS PRIVATE LIMITED ........ Petitioner Through: Mr.Ashim Vachher, Mr.P. Piyush & Mr.Vaibhav Dabas, Advs. versus SHRIRAM DISTRIBUTION SERVICES PRIVATE LIMITED ..... Respondent Through: Mr.Ashish Bhagat & Mr.Ritik Malik, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) challenging the Arbitral Award dated 11.01.2018 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Agreement dated 25.01.2008 executed between the petitioner and Shriram Value Services Pvt. Ltd. It is the case of the respondent that by an e-mail dated 18.12.2009 the respondent had informed the petitioner that all rights and obligations under the said Contract are now to be dischar...


Oct 30 2018

Vishal Arora & Ors. Vs.state Nct of Delhi & Anr.

Court: Delhi

Decided on: Oct-30-2018

$~8 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"30th October, 2018 CRL. M.C. 3438/2016 and Crl.M.A.14547/2016, 9515/2018 VISHAL ARORA & ORS. ........ Petitioners Through: Mr. Virender Kumar Kalra, versus Adv. STATE NCT OF DELHI & ANR. ........ RESPONDENTS Through: Mr. Amit Ahlawat, APP for the State with W/SI Sumedh, PS Ashok Vihar. Mr. Prag Chawla, Adv. with Mr. Ruchjir Kapur, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent was married to the first petitioner as per Hindu Rites and ceremonies on 17.10.1999 and from out of the said wedlock a female child named Sejal was born on 15.09.2000, this followed by birth of a male child, named, Tanmay on 30.11.2006. On 21.01.2008, she lodged a complaint with Crime Against Women Cell which was eventually registered as first information report (FIR) No.390/2008 by Police Station Ashok Vihar involving offences punishable offences 498-A/406/341/354/506/3of Indian Penal Code, 1860 (IPC). On conclus...


Oct 30 2018

Deepak Sarna vs.state (Nct of Delhi)

Court: Delhi

Decided on: Oct-30-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:4. h October, 2018 Decided on:30. h October, 2018 + DEEPAK SARNA CRL.A.174 /2004 ....Appellant Through: Mr Pramod Kumar Dubey, Mr Rohit Priya Ranjan, Ms Pinky Dubey, Mr Saurabh Kumar, Ms. Shweta Sharma, Mr Prince Tiwari, Ms Trisita Parashar, Mr Ayush Kaushik and Mr Vikhyat Oberoi, Advocates. STATE (NCT OF DELHI) versus ....Respondent Through: Mr Kewal Singh Ahuja, APP for the State. CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL Dr. S. Muralidhar, J.: JUDGMENT1 This appeal is directed against the judgment dated 9th February, 2004 passed by the learned Additional Sessions Judge, New Delhi (the trial Court) in Sessions Case No.1arising out of FIR No.975/2000 registered at Police Station (PS) Malviya Nagar, New Delhi convicting the Appellant of the offences under Sections 302, 364 and 201 of the Indian Penal Code (IPC) and the consequent order on sentence dated 10th February, 2004 whereby for the offence under Section 302 IPC, the ...


Oct 30 2018

Harish Singh Lamghariya vs.state ( Nct of Delhi)

Court: Delhi

Decided on: Oct-30-2018

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + BAIL APPLN. 2159/2018 Judgment delivered on:30. 10.2018 HARISH SINGH LAMGHARIYA versus STATE ( NCT OF DELHI) ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr.Vijay Datt Gahtori, Adv. For the Respondent : Ms.Kusum Dhalla, APP with SI Vinod Kumar, Narcotic Cell, Crime Branch. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT3010.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.177 of 2017 under Section 20, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Crime Branch.2. Allegations in the FIR are that secret information was received that two persons, who were residents of Nainital, Uttarakhand bring charas and supply the same in Delhi. Information was received that they would be coming to Delhi with substantial quantity of charas for supply. A raiding party was prepared. BAIL APPLN.2159/2018 Page 1 of 4 3. At about 4.45 PM the...


Oct 30 2018

Major Dharminder Singh vs.state of Delhi Nct

Court: Delhi

Decided on: Oct-30-2018

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:10. h August, 2018 Judgment delivered on:30. h October, 2018 + CRL.REV. P. 476/2016 MAJOR DHARMINDER SINGH versus STATE OF DELHI NCT ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr. K.K. Manan, Sr. Advocate with Mr. Rajeshwar Dagar and Mr. Varun Rai Sharma, Advocates. For the Respondent: Mr. Panna Lal Sharma, APP for the State. CORAM:-"HONBLE MR. JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.CRL.REV. P. 476/2016 & CRL.M.A.10806/2016 (stay) 1.... Petitioner impugns order-on-charge dated 31.03.2016, whereby, the Trial Court has held that there is enough material to frame charges against the petitioner under Sections 120B IPC, 365 read with section 120B IPC, 395 read with Section 120B IPC for criminal conspiracy for dacoity and Sections 29, 54 and 59 of the Arms Act.... Petitioner is an officer serving in the Indian Army. The allegations in the FIR are that the comp...


Oct 30 2018

Ajit Singh vs.union of India & Ors

Court: Delhi

Decided on: Oct-30-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * + $~9 & 10 AJIT SINGH W.P.(C) 7150/2017 ........ Petitioner Through: Mr. Nitin K. Gupta and Mr. Rahul Sinha, Advocates. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Ms. Suman Chauhan, Advocate for R- 10 1 to R-6. + NAVEEN KUMAR W.P.(C) 7152/2017 ........ Petitioner Through: Mr. Nitin K. Gupta and Mr. Rahul Sinha, Advocates. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Ms. Suman Chauhan, Advocate for R- CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA1to R-6. ORDER3010.2018 % Dr. S. Muralidhar, J.:1. These are two writ petitions preferred by Mr. Ajit Singh and Mr. Naveen Kumar respectively arising from the same background facts. Both these W.P.(C) 7150/2017 & 7152/2017 Page 1 of 12... Petitioners responded to an advertisement issued by Respondent No.4, viz. the Staff Selection Commission (SSC), inviting applications for recruitment of Sub Inspectors (SI) in the Central Police Organisation (CPO), Assistant SIs in the ...


Oct 30 2018

Mgrm Medicare Ltd vs.narang Surgicals & Ors

Court: Delhi

Decided on: Oct-30-2018

$~8 * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 1642/2016, IA No.1844/2017 & IA No.1883/2017 (both u/O XXXVII R-3 CPC), IA No.3640/2017 & IA No.3663/2017 (both u/O XXXVII R-3(5) CPC) & IA No.3639/2017 & IA No.3662/2017 (both under Section 8 of the Arbitration & Conciliation Act, 1996) MGRM MEDICARE LTD ..... Plaintiff Through: Mr. Rajesh Yadav & Mr. Samit Khosla, Advs. Versus NARANG SURGICALS & ORS ..... Defendants Through: Mr. Dushyant Swaroop, Adv. for D-1 & 3. Mr. Manish Sharma, Adv. for D-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER3010.2018 The plaintiff has instituted this suit under Order XXXVII of the CPC for recovery of Rs.2,91,52,237/- along with interest jointly and severally from the three defendants viz. (i) Narang Surgicals, (ii) Ajay Narang, and, (iii) Dharamvir Narang, pleading that (a) the defendant no.1 Narang Surgical is the sole proprietary of defendant no.3 Dharamvir Narang who is the father of defendant no.2 Ajay Narang; (b) the three defen...


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