Delhi Court November 2018 Judgments
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Mukesh Kumar Sharma vs.girish Chander
Court: Delhi
Decided on: Nov-26-2018
* + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.946/2018 % MUKESH KUMAR SHARMA26h November, 2018 ..... Appellant Through: Mr. G.S. Sharma and Mr. V.K. (Mobile Sharma, Advocates No.9911140170). versus GIRISH CHANDER ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.48445/2018 (for exemption) 1. Exemption allowed, subject to just exceptions. C.M. stands disposed of. RFA9462018 and C.M. Appl. No.48444/2018 (for stay) 2. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the trial court dated 15.10.2018 by which the trial court has decreed the suit for recovery of money filed by the RFA No.946/2018 Page 1 of 11 respondent/plaintiff and has passed a decree for a sum of Rs. 7,00,000/- with interest at 9% per annum. The suit has been decreed on account of loan having been given by the respondent/plaintiff...
International Breweries Pvt. Ltd. Vs.kalpana International Breweries L ...
Court: Delhi
Decided on: Nov-26-2018
$~36 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h November, 2018 O.M.P.(COMM.) 72/2016 INTERNATIONAL BREWERIES PVT. LTD. ........ Petitioner Through: Mr.Debashish Moitra, Ms.Suruchi Mittal, Mr.Abhishek Gautam, Mr.Harsh Singhal, Mr.Kirti Mewar, Ms.Deeksha Gaur, Advs. versus KALPANA INTERNATIONAL BREWERIES LTD ..... Respondent Mr.Abhishek Through: Vashisht, Advs. Mr.S.N.Gupta, CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) challenges the Arbitral Award dated 17.11.2015 passed by the Sole Arbitrator adjudicating the disputes that had arisen between the parties in relation to the Amending Agreement dated 07.06.2005 entered into between the parties.2. By the said Amending Agreement, the respondent took over all the rights and responsibilities of one M/s Shakuntalam Investment & Leasing Ltd. (SILL) under the Agreement dated 22.08.2003 exec...
Morepen Laboratories Ltd vs.mayuka Labs Pvt. Ltd. & Ors
Court: Delhi
Decided on: Nov-26-2018
$~9 * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1725/2007 MOREPEN LABORATORIES LTD. ..... Plaintiff Through: Mr. Naman Joshi, Mr. Dheeraj P. Deo and Mr. Arjit Benjamin, Advs. Versus MAYUKA LABS PVT. LTD. & ORS. Through: None. ..... Defendants CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % The plaintiff has sued for permanent and mandatory injunction ORDER2611.2018 restraining the defendants no.1 to 6 viz. (i) Mayuka Labs Pvt. Ltd., (ii) Dr. N.K. Chandrasekhar, (iii) Dr. Tapan Kashyap, (iv) Meera Narayan Aralikatte (Director), (v) Suguna Nakka Krishnamurthy (Director) and (vi) Krishnamurthy Nakka (Director), from (a) using in any manner the intellectual property and proprietary information / data / knowledge of the plaintiff, including but not limited to the list of clients and list of suppliers / vendors, towards manufacture, development and / or marketing of any product including the API-Montelukast, similar to that of the plaintiff; (b) for contacting any of the clients or...
Luxembourg Brands s.a r.l & Anr vs.g.m Pens International Pvt Ltd
Court: Delhi
Decided on: Nov-26-2018
% + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:26. 11.2018 CS(COMM) 1120/2016 and CRL.M.A.10583/2017 & IA No.3153/2018 LUXEMBOURG BRANDS S.A R.L & ANR ..... Plaintiffs versus G.M PENS INTERNATIONAL PVT LTD ..... Defendant Advocates who appeared in this case: For the Plaintiffs For the Defendant CORAM HONBLE MR JUSTICE VIBHU BAKHRU :Mr Sudhir Chandra, Senior Advocate with Mr Prashant Gupta, Mr Kanishk Kumar And Ms Taapsi Johri. :Mr Sandeep Sethi, Senior Advocate with Ms Rajeshwari H., Mr Arun C. Mohan and Mr Kumar Chitranshu. JUDGMENT VIBHU BAKHRU, J Introduction 1. This is an action for infringement and passing off in respect of the plaintiffs trademark REYNOLDS and other sub-trademarks used in conjunction with or in association with the trademark REYNOLDS (hereafter the RENYOLDS Trademarks). The plaintiffs, inter alia, claim that the use of the trademark RORITO by the defendant in respect of writing instruments manufactured by it CS(COMM) 1120/2016 Page 1 of 73 cons...
Gurpreet Singh Sandhu vs.state of Nct of Delhi
Court: Delhi
Decided on: Nov-26-2018
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:26. 11.2018 + BAIL APPLN. 1973/2017 GURPREET SINGH SANDHU versus STATE OF NCT OF DELHI ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr.Vishal Raj Sehijpal, Adv. Ms. Kusum Dhalla, APP for the State with SI Monu Chauhan, P.S.Seemapuri. Mr.Satish Kumar, Adv. for the complainant. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2611.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks anticipatory bail in FIR No.420/2017 under Section 354(B)/506/509/323 IPC, Police Station Seemapuri.2. Subject FIR was registered on the complaint of the wife of the petitioner. The parties were married in September, 2009 and since January, 2012 have been living separately. The allegations in the FIR are that petitioner had come to the clinic of the complainant and threatened her to withdraw all cases filed by her against him.3.... Petitioner is also alleged to hav...
Sandisk Llc vs.raj Enterprises & Anr.
Court: Delhi
Decided on: Nov-26-2018
$~ * + % #10 IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 990/2018 & I.A. No.15226/2018 SANDISK LLC Through Mr. Prithvi Singh, Advocate ..... Plaintiff versus RAJ ENTERPRISES & ANR. .....Defendants Through None. Date of Decision:26. h November, 2018 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) I.A. 15226/2018 1. Present application has been filed under Order VIII Rule 10 read with XIII-A Rule 2 read with section 151 of the Code of Civil Procedure, 1908, for summary judgment.2. It is pertinent to mention that the present suit has been filed for permanent injunction restraining infringement of trade mark, copyright, passing off, rendition of account of profits, damages and delivery up. The prayer clause in the present suit is reproduced hereinbelow:-"47. In the light of the foregoing, it is most respectfully prayed that this Honble Court may be pleased to issue: CS(COMM) 990/2018 Page 1 of 14 a) An order for permanent injunction restraining the Defendants, their p...
Shri Satyanarayana Rao vs.indian Renewable Energy Development Authorit ...
Court: Delhi
Decided on: Nov-26-2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:26. h November, 2018 + W.P.(C) 11220/2018 SHRI SATYANARAYANA RAO ........ Petitioner Through: Ms. Kiran Suri, Sr. Adv. with Mr. Ravi Bhushan, Adv. versus INDIAN RENEWABLE ENERGY DEVELOPMENT AUTHORITY LTD. AND ORS. Through: Mr. Rajeev Mehra, Sr. Adv. with ........ RESPONDENTS Mr. Munindra Dwivedi, Ms. Tanya Chanda and Ms. Aathira Pillai, Advs. for R1. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) 1. Present petition has been filed by the petitioner with the following prayers: In view of the foregoing premise, it is most respectfully prayed that this Honble Court may graciously be pleased to:-"A) issue appropriate writ or order or direction calling for the records of the Appeal Nos. 190 of 2017 and 259 of 2018 both titled as Shri Satyanarayana Rao v. Indian Renewable Energy Development Authority Ltd. and Ors. filed before Debt Recovery Appellate Tribunal, New Delhi and restore Ap...
Jay Polychem India Ltd. & Anr. Vs.assistant Commisioner of Income Tax
Court: Delhi
Decided on: Nov-26-2018
$~7 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"26th November, 2018 CRL.M.C. 239/2015 JAY POLYCHEM INDIA LTD. & ANR. ........ Petitioners Through: Mr. Vishal Gohri, Adv. Versus ASSISTANT COMMISIONER OF INCOME TAX. Through: Respondent Mr. Sanjay Kumar & Mr. Asheesh Jain, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. On the criminal complaint (CC No.81/2004) instituted by the respondent on 27.10.2014, the Metropolitan Magistrate, by his order dated 03.11.2014, took cognizance of the offence under Section 276 CC read with Section 278 B of Income Tax Act, 1961 (IT Act) and issued summons to the petitioners calling them upon to appear as accused. By the petition at hand, the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) is invoked to assail the said summoning order primarily on the ground that the proceedings are in the nature of abuse of the process of law, there having been no breach of the provisions of law...
Tt Limited vs.north Delhi Municipal Corporation & Anr
Court: Delhi
Decided on: Nov-26-2018
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h November, 2018 + W.P.(C) 12561/2018 & CM APPL487642018 (stay) & 48765/2018 (exemption) % 1. TT LIMITED ........ Petitioner Through: Ms. Shilpi Jain Sharma, Adv. versus with Mr. Mukul Sharma, Adv. NORTH DELHI MUNICIPAL CORPORATION & ANR ........ RESPONDENTS Through Ms. Mini Pushkarna, Standing Counsel for North DMC with Ms. Swagata Bhuyan and Ms. Shiva Pandey, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) This writ petition seeks that the premises of Respondent No.2, at GX-11, Near Bhargava Lane and Bhairan Mandir, behind post mortem office, Boulevard Road, New Delhi-110054, be desealed, as the petitioner claims that the petitioners goods are contained therein.2. The petitioner seeks to remove the said goods.3. Ms. Mini Pushkarna, learned Standing Counsel for the North DMC, also does not oppose the request subject to the opening of the premises being for a limited period of time, as, she submits that, ...
Director of Education vs.manisha Sharma & Anr.
Court: Delhi
Decided on: Nov-26-2018
$~13 & 22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + PREETI LPA7152017 & C.M. No.48756/2018 Through: Mr. Sudhanshu Batra, ..... Appellant Senior Advocate with Mr. Arvind Kr. Gupta, Mr. Prashant Bhardwaj, Mr. Gajanand Kirodiwar, Mr. Anuraj Tirthankar and Mr. Aditya Mishra, Advocates. THE DIRECTOR OF EDUCATION & ORS versus ........ RESPONDENTS Through: Mr. Anuj Aggarwal, ASC, GNCTD for Respondent No.1 and Respondent No.2. + DIRECTOR OF EDUCATION LPA4062018 ..... Appellant Through: Ms. Avnish Ahlawat, Advocate. MANISHA SHARMA & ANR. versus ........ RESPONDENTS Through: Mr. Abhishek Kaushik, Advocate for Respondent No.1 CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA % Dr. S. Muralidhar, J.: ORDER2611.2018 1. The central question that arises in both these appeals is whether a degree of B. Ed (Bachelor of Education) is essential for being appointed as Trained Graduate Teacher (TGT), in schools to which the Delhi School Education LPA Nos. 715/2017& 406/2018 Page 1 of 10 Rules (DSER) app...
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