Delhi Court November 2018 Judgments
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Drager Medical Gmbh vs.m/s Ion Bio Med-I Care Pvt Ltd
Court: Delhi
Decided on: Nov-01-2018
$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :10. h October, 2018 Date of decision :1st November, 2018 EX.P. 271/2014 DRAGER MEDICAL GmbH ..... Decree Holder Through: Mr. Arvind Nayar, Senior Advocate with Ms. Shweta Bharti, Mr. J.K. Chaudhary, Ms. Swetshikha, Ms. Upasana Katyani and Mr. Chandra Shekaran, Advs. (M:7838493149) versus M/S ION BIO MED-I CARE PVT LTD ..... Judgement Debtor Through: Mr. Samrat Nigam, Mr. Sandeep Mittal, Mr. Vinod Kathpalia, Mr. Abhimanyu Walia and Mr. Shaurya Kuthiay, Advocates. (M:9650680610) CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.E.A. 139/2015 The present execution petition has been filed under Section 36 of the 1. Arbitration and Conciliation Act, 1996 (the Act) seeking execution of ICCs International Court of Arbitration award dated 29th June, 2012.2. Drager Medical GmbH, the Decree Holder is a company engaged in the business of manufacture, supply and sale of various medical equipment, anesthesia equipment etc, whi...
Suresh Malhotra vs.r K Malhotra & Ors.
Court: Delhi
Decided on: Nov-01-2018
$~OS-9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CS(OS) 88/2017 SURESH MALHOTRA Date of decision:01. 11.2018 ..... Plaintiff Through Mr. Mohit D. Ram and Ms.Monisha Handa, Advs. versus R K MALHOTRA & ORS. ..... Defendants Through Ms.Babita Seth, Adv. for D-1 & 2. Mr.Prashant Kr. Mittal, Mr.Dushyant Swaroo and Ms. Asha Garg, Advs. for D-4. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) IA No.3448/2018 1. This application is filed under Order 6 Rule 17 CPC seeking amendment of the plaint.2. The present suit is filed seeking a decree of declaration in favour of the plaintiff and against the defendant declaring the plaintiff to be the owner of 1/4th share in the suit properties of Rajinder Nagar and Vasant Kunj. A decree of partition is also sought.3. The case of the plaintiff is that the father-late Sh.N.L.Malhotra had purchased these two properties in Vasant Kunj and Old Rajinder Nagar. The father passed away intestate on 11.02.2008. the plaintiff and defendant No.1 are...
Ravinder vs.addl. Commissioner of Police (Licensing)
Court: Delhi
Decided on: Nov-01-2018
* % IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:1. t November, 2018 + W.P.(CRL) 2023/2018 & Crl. M.A. No.10561/2016 (stay) RAVINDER Represented by: Mr. J.K. Chawla and Mr. Vinay ........ Petitioner versus ADDL. COMMISSIONER OF POLICE (LICENSING) Chadda, Advocates. ..... Respondent Represented by: Mr. R.S. Kundu, Additional Standing Counsel for State and Mr. Murli Manohar Prajapat, Advocates with SI Bijender Singh. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. By the present petition, the petitioner seeks setting aside of order dated 5th February, 2014 passed by Addl. Commissioner of Police, Licensing Unit (respondent herein) cancelling the arms license number EDAN/7/199issued in favour of the petitioner.2. Brief facts of the present case are that the petitioner was issued an Arms License bearing number EDAN/7/199in the year 1998 for 7.62 mm (30 mouser) pistol and .315 bore pistol valid in Delhi and Uttar Pradesh. On 29th January, 2010, the petitioner applied fo...
Raju Khan @ Anish vs.state
Court: Delhi
Decided on: Nov-01-2018
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:9. h October, 2018 Decided on:1. t November, 2018 CRL.A. 775/2018 & Crl.M.B.No.1184/2018 + RAJU KHAN @ ANISH .....Appellant Through: Mr. Vidur Kamra and Ms. Lavisha Kamra, Advocates. STATE versus ....Respondent Through: Mr. Hirein Sharma, APP for the State CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL JUDGMENT Dr. S. Muralidhar, J.:1. This appeal is directed against the judgment dated 30th May, 2018 passed by the learned Additional Sessions Judge-04, North West District, Rohini Courts in Sessions Case No.85/2001 arising out of FIR No.353/2011 registered at Police Station (PS) Subhash Place convicting the Appellant of the offence under Section 302 IPC. The appeal is also directed against the order on sentence dated 2nd July, 2018 whereby the Appellant was sentenced to Rigorous Imprisonment (RI) for life and fine of Rs.10000/- in default to undergo Simple Imprisonment (SI) for one year for the aforementioned offence. Crl.A. 775/2...
Airports Authority of India vs.indian Airports Kamgar Union
Court: Delhi
Decided on: Nov-01-2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.5490/2017 Judgment reserved on :9. h August, 2018 Date of decision :1. t November, 2018. AIRPORTS AUTHORITY OF INDIA ........ Petitioner Through: Mr.K.K.Rai, Sr. Advocate with Mr.Digvijay Rai, Mr.Chandrashekhar A. Chakalabbi, Advocates Versus INDIAN AIRPORTS KAMGAR UNION .... Respondent Through: Mr.Maanav Kumar and Ms.Nupur, Advocates CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. The petitioner, the Airports Authority of India, vide the present writ petition W.P.(C) 5490/2017 has sought the setting aside of an award dated 8.12.2016 in ID No.39/2014 of the Presiding Officer, CGIT stated to be ex parte and has also sought the setting aside of notification No.L-11011/19/2013-IR(M), dated 19.2.2014 issued by the Ministry of Labour and Employment, vide which in terms of Section 17 of the Industrial Disputes Act, 1947, the Central Government published the impugned award in reference No.39/2014 of the CGIT/Labour Cou...
Sanjay Arora & Anr. Vs.surender Singh & Ors.
Court: Delhi
Decided on: Nov-01-2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.295/2018 & CM No.12390/2018 + % SANJAY ARORA & ANR. 1st November, 2018 Through: ..... Appellants Ms. Ekta Sikri, Mr. Ajay Pal Singh and Mr. Abhinav Garg, Advocates (8860843870) SURENDER SINGH & ORS. versus ........ RESPONDENTS Through: Mr. G.B. Singh, Advocate (9911119367) CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiffs in the suit impugning the Judgment of the trial court dated 15.12.2017 by which the trial court has dismissed the suit for possession and mesne profits filed by the appellants/plaintiffs with respect to the two flats on the east side and west side on the 4th floor of the property/building No.15- RFA No.280/2018 Page 1 of 8 A, Jangpura Lane, Bhogal, New Delhi. The suit was dismissed despite the fact that the appellants/plaintiffs led evidence and pro...
Hav. Sham Dass vs.union of India and Ors.
Court: Delhi
Decided on: Nov-01-2018
$~2 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order:1. t November, 2018 + W.P.(C).10830/2018 & CM.APPL422602018 HAV. SHAM DASS ........ Petitioner Through Mr. Shree Prakash Sinha, Mr. Anand Kumar, Mr. Rakesh Mishra and Mr. Akshit Anand, Advocates UNION OF INDIA AND ORS. versus ........ RESPONDENTS Through Mr. Ravi Prakash, CGSC with Mr. Brajesh Kumar, Mr. Farman Ali and Mr. Varun Pathak, Advocates CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking the following prayers: I. Declare Rule 147A of the Army Rules, 1954 inconsistent with the provisions of Army Act, 1950 and allied rules as well as violative of Article 14 and 21 of the Constitution of India, and/or II. Pass such other or further order/orders, as this Court may deem fit and proper in the facts and circumstances of this case. 2. Mr. Ravi Prakash, learned counsel for the respo...
Ram Gandhi & Anr vs.prem Daan Sansthan Trust & Ors
Court: Delhi
Decided on: Nov-01-2018
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t November, 2018. CS(OS) 119/2016, IA No.3237/2016 (of the plaintiffs u/S921) CPC), IA No.9266/2016 (for clarification of order dated 12th May, 2016), IA No.10217/2016 (u/O XXXIX R-1&2 CPC) and IA No.10218/2016 (u/O VII R-11 r/w O-I R-10 CPC) RAM GANDHI & ANR ..... Plaintiffs Through: Mr. Rajiv Bahl and Mr. S.P. Srivastava, Advs. Versus PREM DAAN SANSTHAN TRUST & ORS ..... Defendants Through: Mr. Dayan Krishnan, Sr. Adv. with Ms. Julien George, Advs. for D-1 to 6. Mr. Lovleen Goyal, Adv. for D-7. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The two plaintiffs, namely Shri Ram Gandhi and Naresh Chander Sharma, have instituted this suit under Section 92 of the Code of Civil Procedure, 1908 (CPC) and the plaint in this suit was accompanied with an application under Section 92(1) read with Section 151 of the CPC for grant of permission to sue the defendant no.1, a Public Charitable Trust.2. The suit along with the applicat...
Wo Uday Chandra Shekhar vs.union of India & Ors
Court: Delhi
Decided on: Nov-01-2018
$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Reserved on:29. h October, 2018 Pronounced on:1. t November, 2018 W.P.(C) 6696/2018 WO UDAY CHANDRA SHEKHAR ........ Petitioner Through: Mr. Virender Singh Kadian, Advocate. UNION OF INDIA & ORS versus ....... RESPONDENTS Through: Mr. Arun Bhardwaj, CGSC with Mr. Nikhil Bhardwaj and Mr. Shashwat Sharma, Advocates. CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J1 The... Petitioner is presently serving as Warrant Officer (WO) in the Indian Army Postal Service Corps (APS) and is posted at Thimpu, Bhutan.2. The... Petitioner has approached this court seeking a writ of mandamus under article 226 of the Constitution of India aggrieved by the posting order No.102/2018 dated 24th May 2018 and also the letter dated 5th June 2018 whereby HQ Chief Engineer, Project Dantak has been requested to move the... Petitioner to other units. W.P.(C) 6696/2018. Page 1 of 8 Background 3. The... Petitioner was selected for an ince...
Sobha Ltd. Vs.niho Construction Ltd.
Court: Delhi
Decided on: Nov-01-2018
$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 40/2015 & I.As. 25605-25606/2015 & 8030/2016 SOBHA LTD. Through: Mr. Amitabh Chaturvedi, Advocate with Mr. Vaibhav Gulia, Advocate. ..... Plaintiff versus NIHO CONSTRUCTION LTD. ..... Defendant Through: Mr. Manish Kumar, Advocate. Reserved on Date of Decision:01. t November, 20 11th October, 2018 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:1. Present suit has been filed under Order XXXVII Rules 1 & 2 of the Code of Civil Procedure for recovery of Rs.7,85,00,000/- (Rupees Seven Crore Eighty Five Lacs Only) with pendente lite and future interest @ 18% per annum along with costs. RELEVANT FACTS2 The relevant facts of the present case are that a Memorandum of Understanding (hereinafter referred to as 'MoU') was executed between the parties on 19th October, 2012 for development of certain properties claimed CS(COMM) 40/2015 Page 1 of 15 to be owed by the defendant-company. Under the MoU, Refundable Interest Free Advance ...
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