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Delhi Court November 2018 Judgments

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Nov 12 2018

M/S S N Electricals vs.nbcc Service Ltd & Ors

Court: Delhi

Decided on: Nov-12-2018

$~121 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Order:12. 11.2018 FAO4982018 M/S S N ELECTRICALS ..... Appellant Through: Mr. Sharique Hussain, Adv. versus NBCC SERVICE LTD & ORS Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(Oral) CM No.44604-44605/2018 (Exemption) 1. Allowed, subject to all just exceptions.2. The applications are disposed of. FAO4982018 & CM No.44603/2018 (stay) 3. The impugned order dated 06.10.2018 passed by the Court of Additional District Judge-07, South-East District, Saket Courts, New Delhi in Civil Suit No.21493/2016, is the subject matter of challenge in this appeal. FAO4982018 Page 1 of 5 4. The respondent/defendant floated the tender in which the appellant was one of the bidders. The bid submitted by the appellant was accepted by the respondent/defendant on 29.06.2015. As per the terms and conditions of the contract, the appellant/plaintiff had furnished a Performance Bank Guarantee dated 07.10.2015 for ...


Nov 12 2018

Abid Ali vs.state of Nct of Delhi

Court: Delhi

Decided on: Nov-12-2018

#9 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:12. h November, 2018 W.P.(CRL) 3236/2018 ABID ALI ........ Petitioner versus STATE OF NCT OF DELHI ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Sanchit Guru, Advocate. Mr. S.A. Rajput, Advocate for Ms. Shazia. For the Respondent : Mr. Rahul Mehra, Standing Counsel (Crl.), GNCTD along with Mr. Chaitanya Gosain and Mr. Tushar Sannu, Advocates for State. SI Kulbir, P.S. Uttam Nagar. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT SIDDHARTH MRIDUL, J (ORAL) 1. The present petition under Article 226 of the Constitution of India, has been instituted on behalf of the father of Shaziya, predicated on the allegation that, the latter has been kidnapped and seeking a direction for her production before this Court. W.P.(Crl.)3236/2018 Page 1of 5 2. At the outset, it is relevant to observe that, Shaziya has admittedly instituted a writ petition before...


Nov 12 2018

Mohd. Moim vs.state of Nct of Delhi

Court: Delhi

Decided on: Nov-12-2018

$~R-1A IN THE HIGH COURT OF DELHI AT NEW DELHI + Decided on:-"12th November, 2018 CRL.A. 544/2016 and Crl.M.(Bail) 1973/2017 MOHD. MOIM Through: Mr. Angaj Gautam, Advocate .... Appellant versus STATE OF NCT OF DELHI ..... Respondent Through: Mr. Amit Ahlawat, APP for the State with SI Praveen Kumar, PS Mandawali. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was arrested on 14.11.2011 during the course of investigation of first information report (FIR) No.503/2011 (Ex.PW- 8/A) registered by Police Station Mandawali at 22:55 hours on the basis of statement (Ex.PW-2/A) of Raju Sahi (PW-2). On the basis of evidence which was collected during the said investigation, the report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was presented on which the appellant stood summoned and eventually put on trial in sessions case No.18/2012 on the charge for offences punishable under Sections 363/376(2)(f) of Indian Penal Code, 1860 (IPC), as it stood prior...


Nov 12 2018

Rishi Raj vs.girdhar Aggarwal & Ors.

Court: Delhi

Decided on: Nov-12-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI RISHI RAJ Date of decision:12. h November, 2018. CS(OS)No.1156/2007 Through: Mr. Rajender Agarwal, Adv. ..... Plaintiff GIRDHAR AGGARWAL & ORS. Through: None. ....Respondents Versus CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit, pleading that (i) the plaintiff is carrying on business of distribution, exhibition and production of cinematographic films, as sole proprietor of M/s Raj Rishi Films; (ii) the defendant no.1 Girdhar Aggarwal is also carrying on business of distribution and exhibition of films as a sole proprietor under the name and style of M/s Sharad Trading Co.; (iii) the defendant no.2 Chandrakant Gor is a film producer and has produced several films including Balram Shri Krishna, Bajrangbali, Har Har Mahadev, Bolo He Chakradhari, Veer Bhimsen, Kabhi Dhoop Kabhi Chaaon, Zingaro and is the original copyright holder of the said films; (iv) the defendant no.3 Shree Navchitra Distributors P. L...


Nov 12 2018

Rohit Kumar vs.sunil Tyagi

Court: Delhi

Decided on: Nov-12-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % ROHIT KUMAR SUNIL TYAGI O. Ref. No.01/2016 12th November, 2018 ..... Appellant Through: Ms. Avani Malik, Mr. Deepak versus Narayan and Mr. Yuvraj Mishra, Advocates (8800994493) Through: Mr. Shlok Chandra, Advocate ..... Respondent (Amicus Curiae) (9999670588) CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This is a Reference under Section 113 of the Code of Civil Procedure, 1908 (CPC) by the Court of Sh. Rakesh Kumar Singh, Civil Judge-11, Central District, Tis Hazari Courts, Delhi whereby the learned trial court has framed the following questions for being answered by this Court. O .Ref. No.01/2016 Page 1 of 4 The manner in which Mediation Rules 2004 were framed in Delhi. Does Affcons judgment affect the above position?. Can Rule-25 be justified under general rule making power?. When will an Institution or person become Lok Adalat?. What are the relevant provisions of LSA Act ...


Nov 12 2018

Central Board of Trustees, Epf Thr. Rpfc vs.m/s Dentsu Marcom Pvt. Ltd ...

Court: Delhi

Decided on: Nov-12-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: November 12, 2018 + W.P.(C) 12089/2018 & CM468252018 1. CENTRAL BOARD OF TRUSTEES, EPF THR. RPFC Through: Ms. Inderjeet Sidhu, Advocate .....Petitioner versus M/S DENTSU MARCOM PVT. LTD. .....Respondent Through: Mr. Rajiv Arora and Mr. S.P. Arora, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Impugned order of 18th September, 2018 sets aside petitioners order of 23rd January, 2015 in proceedings under Section 14-B & 7 Q of the EPF & MP Act, 1952 (hereinafter referred to as aforesaid Enactment) while holding that revised calculation sheet submitted by Enforcement Officer does not take into consideration the deposit of `62,05,360/- voluntarily made by respondent and since the revised calculation sheet is incomplete and does not depict true and correct liability of the employer-establishment, therefore, the levy of damages vide order of 23rd January, 2015 has been set aside.2. Impugned order also holds that the modifi...


Nov 12 2018

Super Cassettes Industries Pvt. Ltd. Vs.m/s I- Vision Digital Llp

Court: Delhi

Decided on: Nov-12-2018

$~6 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:12. h November, 2018 CS (COMM) 905/2018 & I.A. 7340/2018 SUPER CASSETTES INDUSTRIES PVT. LTD. ..... Plaintiff Through: Mr. K. K. Khetan, Advocate. (M:9810389109) versus M/S I- VISION DIGITAL LLP Through: None. CORAM: JUSTICE PRATHIBA M. SINGH ..... Defendant Prathiba M. Singh, J.(Oral) 1. The present suit for infringement of copyright has been filed by Plaintiff - Super Cassettes Industries Pvt. Ltd. against the Defendant - M/s I- Vision Digital LLP. The allegations in the plaint are that the Plaintiff owns a large repertoire of rights in sound recordings and audiovisual works from various cinematographic films. The Plaintiff claims that it has invested a large amount of money in building this repertoire. The Plaintiff has placed on record the copyright registration certificates of some of the songs in which copyright is owned by it.2. The Defendant, as is evident from page 50 of the documents, is a company which is runni...


Nov 12 2018

Dr. Parthasarathi Banerjee vs.union of India and Ors.

Court: Delhi

Decided on: Nov-12-2018

$~24 & 27 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :12. 11.2018 % W.P.(C) 12036/2018 DR. PARTHASARATHI BANERJEE Through: Mr. R. Gopal, Advocate. ........ Petitioner versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr. Arun Bhardwaj, CGSC for UOI Bhardwaj, and Mr.Shashwat Mr.Nikhil with Ms.Gauraan Sharma, Advocates. Mr. Advocate for R-2 & 4. Mr. Ravinder Agarwal, Advocate for R-3. Jayesh K. Unnikrishnan, % W.P.(C) 12062/2018 DR. PARTHASARTHI BANERJEE Through: Mr. R. Gopal, Advocate. ........ Petitioner versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr. Arun Bhardwaj, CGSC for UOI Bhardwaj, and Mr.Shashwat Mr.Nikhil with Ms.Gauraan Sharma, Advocates. Mr. Advocate for R-2 to R-5. Jayesh K. Unnikrishnan, W.P. (C.) Nos.12036, 12062/2018 Page 1 of 10 CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA VIPIN SANGHI, J.(ORAL) The petitioner has preferred the present petitions to assail the common 1. order dated 16.08.2018 passe...


Nov 12 2018

M/S Dhiraj Gupta vs.union of India and Ors.

Court: Delhi

Decided on: Nov-12-2018

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:12. 11.2018 + W.P.(C) 11832/2018 with CM Appl.Nos.45827-45828/2018 M/S DHIRAJ GUPTA ........ Petitioner Through: Mr. O.P. Saxena, Mr. V.K. Jain and Ms. Shradha Saxena, Advs. versus UNION OF INDIA AND ORS. ..... Respondent Through: Mr. Ramesh Singh, Standing Counsel for GNCTD with Mr. Chirayu Jain and Ms. Nikita Goyal, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN S.RAVINDRA BHAT, J.(ORAL) ORDER1211.2018 The respondent, Deputy Commissioner of Police by a public notice % 1. invited tenders to hire two types of cranes for use in the Traffic Unit, which were to be on duty for 12 hours a day. The petitioner participated in a previous bid process; however, the respondents cancelled it and by a newspaper advertisement called fresh bids on 12.12.2017.2. The new tender conditions stipulated inter alia that the bidder firms should offer a minimum of 30% of the total requirement of the RFP towing/h...


Nov 12 2018

Urvashi Aggarwal & Anr. Vs.kushagr Ansal & Ors.

Court: Delhi

Decided on: Nov-12-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :5. h October, 2018 Date of decision :12th November, 2018 RFA1002016 & CM APPLs. 11818/2016, 482/2017, 21290/2018 URVASHI AGGARWAL & ANR. ..... Appellants Through: Mr. Shanti Bhushan and Mr. Anil Sapra, Senior Advocates with Mr. Shyam Agarwal, Ms. Akansha & Mr. Sarthak Katyal, Advocates (M- 9997345670). versus KUSHAGR ANSAL & ORS. ........ RESPONDENTS Through: Mr. Sachin Datta, Senior Advocate with Mr. Vikas Tiwari & Mr. Amir Jamal, Advocates for R-1 & 4 (M- 9971336949) CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.The present appeal arises out of the judgment dated 23rd December, 1. 2015 passed by the Trial Court by which the relief of specific performance sought by the Appellants/Plaintiffs was rejected and the suit was dismissed.2. The background facts leading to the filing of the present suit date back to an agreement to sell executed on 5th October, 1974 in favour of the Plaintiffs, and the Defendant No.5 ...


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