Delhi Court February 2018 Judgments
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Jaycon Infrastructure Ltd vs.soma Enterprises Ltd.
Court: Delhi
Decided on: Feb-07-2018
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (OS) (COMM) 171/2017 Date of decision:7. h February, 2018 JAYCON INFRASTRUCTURE LTD. ..... Appellant Through: Mr. Anshu Mahajan, Mr.Karan Versus Arora, Advocates SOMA ENTERPRISES LTD. Through: ..... Respondent None CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) 1. Jaycon Infrastructure Ltd. has filed the present intra-Court appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Arbitration Act) read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 impugning the order dated 7th July, 2017, passed by the learned single Judge in OMP (COMM) No.240/2017.2. The impugned order dismissed the objections filed by the appellant under Section 34 of the Arbitration Act, which had impugned the award dated 31st January, 2017. FAO(OS) (COMM) No.171/2017 Page 1 of 7 3. National Hig...
G. Shanthi vs.deepak Chaudhari & Ors.
Court: Delhi
Decided on: Feb-07-2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % G. SHANTHI RFA No.117/2018 7th February, 2018 ..... Appellant Through: Mr. Raj Shekhar Rao and Mr. Yogesh Raavi, Advocates. DEEPAK CHAUDHARI & ORS. versus ........ RESPONDENTS Through: Mr. Amitabh Chaturvedi, Adv. for R-1 and 2. Mr. Prashant Singh, Adv. for R- 3 and 4. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) Caveat No.102/2018 Counsel appears for the caveator. Caveat accordingly stands discharged. CM No.4689-91/2018(Exemptions) Exemptions allowed subject to just exceptions. CMs stand disposed of. RFA No.117/2018 & CM No.4688/2018 (stay) 1. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no.3 in RFA No.117/2018 Page 1 of 15 the suit impugning the judgment of the trial court dated 11.12.2017 by which the trial court has decreed the suit filed by the respondent nos. 1 and 2/plaintiffs thereby subrogat...
Naresh Kumar Aggarwal vs.state & Ors.
Court: Delhi
Decided on: Feb-07-2018
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:07. 02.2018 CRL.M.C. 4611/2014 NARESH KUMAR AGGARWAL versus STATE & ORS Advocates who appeared in this case: ........ Petitioner ........ RESPONDENTS : Mr. Bankey Bihari, Adv. For the... Petitioner For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Arun Kr. Sharma, Addl. PP for the State with Inspr. Vinod Gandhi Mr. B.S. Mathur and Mr. Rajat Mathur, Advs. for R-2 : JUDGMENT0702.2018 SANJEEV SACHDEVA, J.(ORAL) CRL.M.C. 4611/2014 & CRL.M.A.2642/2015 & 6825/2016 1. The petitioner impugns order dated 06.08.2014 whereby the application of the petitioner under Section 439 (2) Cr. P.C. seeking cancellation of bail of respondent No.2 and 3 was rejected.2. The trial court by the impugned order as noticed as under:-"In the present case, the charge sheet was filed without the arrest of the accused persons/ non applicants and the IO has specifically stated that the accused persons joined Crl. M.C. 4611/2014 ...
M/S. H. K. International vs.union of India and Ors.
Court: Delhi
Decided on: Feb-07-2018
$~23 * % + W.P.(C) 10367/2015 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment 07th February, 2018 M/S. H. K. INTERNATIONAL ........ Petitioner Through: Mr. Daleep Dhyani, Advocate. versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. J.P. Sharma, Advocate for UOI. Mr. Pawan Mathur, Standing Counsel for DDA. Mr. Yeeshu Jain, Standing Counsel for LAC/L&B with Ms. Jyoti Tyagi, Advocate. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G. S. SISTANI, J.(ORAL) 1. The present petition relates to Khasra No.2 Min land measuring 2 Bigha and 1 biswa situated in the revenue estate of Village Shyoor Pur, Tehsil Mehrauli, Delhi.2. The challenge is laid to a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) dated 25.11.1980 and a notification under Section 6 of the Act dated 20.05.1985.3. Counter affidavit has been handed over by learned counsel for the LAC in Court today. Copy supplied to learned cou...
Mandip Singh vs.sushil Kumar
Court: Delhi
Decided on: Feb-07-2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % MANDIP SINGH RFA No.118/2018 7th February, 2018 ..... Appellant Mr. D.Bhattacharya, Advocate. Through: versus SUSHIL KUMAR CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.4699/2018(Exemption) Exemption allowed subject to just exceptions. CM stands disposed of. CM No.4698/2018 (delay in filing 197 days) For the reasons stated in the application, delay in filing is condoned, subject to just exceptions. CM stands disposed of. RFA No.118/2018 & CM No.4697/2018 (stay) 1. This Regular First Appeal under Section 96 of the Code of the Civil Procedure, 1908 (CPC) is filed by the defendant in the suit RFA No.118/2018 Page 1 of 5 impugning the judgment of the trial court dated 24.3.2017 by which the trial court has dismissed the application for leave to defend under Order XXXVII Rule 3(5) CPC and has decreed the suit for recovery of Rs.10 lacs along with interest at 9% ...
Intel Corporation vs.harpreet Singh & Ors
Court: Delhi
Decided on: Feb-07-2018
$~OS-16 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:07. 02.2018 CS(COMM) 223/2018 INTEL CORPORATION ..... Plaintiff Through Mr.Ranjan Narula, Adv. versus HARPREET SINGH & ORS ..... Defendant Through Mr.V.N.Koura and Mr.Nikhil Mundeja, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) IA No.3293/2015 1. This application is filed by the defendants under Order VII Rule 11 CPC for rejection of the plaint. The plaintiff has filed the present suit seeking a decree of injunction to restrain the defendants, their directors etc. from using the name Intel Constructions Private Limited as their trade name or using the name/mark INTEL as their trademark, trade name, email address, website address etc. Other connected reliefs are also sought.2. As per the plaint the plaintiff states that it is the worlds largest semiconductor chip maker and the plaintiff and its subsidiaries are engaged in the business of developing advanced integrated digital technology platform...
Tanushree & Ors. Vs.a.s.moorthy
Court: Delhi
Decided on: Feb-07-2018
$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + TANUSHREE & ORS. CRL.REV.P. 314/2017 Judgment delivered on:07. 02.2018 ........ Petitioners A.S.MOORTHY ..... Respondent versus Advocates who appeared in this case: For the... Petitioner : Ms Charu Sachdev, Mr R.P.Panwar and Ms Baby Sharma, Advocates. For the... RESPONDENTS : Mr.Akshay Malik, Addl. PP for the State. Mr Ankur Singhal, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0702.2018 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioners are aggrieved by order dated 29.03.2017, whereby the Trial Court has adjourned sine die the proceedings under Section 125 of the Code of Criminal Procedure (Cr.P.C.) filed by the petitioner seeking maintenance on the premise that two parallel proceedings, i.e. proceedings under Section 125 Cr.P.C. and proceedings under Section 12 of the Protection of Women from CRL.REV.P.314/2017 Page 1 of 6 Domestic Violence Act, 2005 (hereinafter referred to as the D.V.Act) seeking maintenance would not li...
Ashu Rani vs.the Manager, Dhanpatmal Virmani Sr. Sec. School and Ors.
Court: Delhi
Decided on: Feb-07-2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1160/2018 Date of Order : February 07, 2018 1. ASHU RANI Through: Mr. K.P. Gupta, Advocate ........ Petitioner Versus THE MANAGER, DHANPATMAL VIRMANI SR. SEC. SCHOOL AND ORS. ........ RESPONDENTS Through: Mrs. Avnish Ahlawat, Standing Counsel for GNCTD (Service) & Mr. N.K. Singh, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner had applied for the advertised post of Trained Graduate Teacher (TGT) in Mathematics, but petitioner was unsuccessful and in this petition, she assails appointment of respondent No.7, who has been selected as TGT (Mathematics) in Dhanpatmal Virmani Senior Secondary School, Roop Nagar, Delhi.... Petitioner alleges that degree of Masters in Mathematics held by seventh respondent is fabricated one and there is interpolation of marks given in the interview to respondent No.7 and that it is so evident from consolidated list of candidates (Annexure P- 2), who were called for interview for the...
Davendar Kumar Bhargava & Anr vs.oriental Bank of Commerce
Court: Delhi
Decided on: Feb-07-2018
$~9 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :-"7th February, 2018 CM(M) 1189/2017 & CM No.38492/2017 DAVENDAR KUMAR BHARGAVA & ANR ........ Petitioners Through: Mr. Virender Mehta with Mr. Gautam Mehta, Advocates. + CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORIENTAL BANK OF COMMERCE ORDER (ORAL) versus Through: Ms. Ekta Sikri with Ms. K. Gayatri, Advocates. ..... Respondent 1. In the suit (new Suit No.47/2014) instituted by the petitioners against the respondent seeking recovery of possession, mesne profits/damages, a decree was passed on 29.03.2014 by Additional District Judge, inter alia, awarding damages for use of the subject premises. The said decree was challenged in RFA No.293/2014 before this Court. The appeal was allowed by judgment dated 07.04.2016 whereby the matter about the determination of the rate at which the user charges were to be paid was remanded to the trial court, the expression used being for a fresh determination.2. It may be noted here that, at the stage ...
Central Bank of India vs.v.s. Ahlawat & Ors
Court: Delhi
Decided on: Feb-07-2018
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:7. February 2018 + W.P.(C) 7970/2016 CENTRAL BANK OF INDIA ........ Petitioner Through: Mr. Yogesh Pachauri, Adv. versus V.S. AHLAWAT & ORS ........ RESPONDENTS Through: Mr. Pallav Saxena and Ms. Bindu Das, Advs. for R-4 Mr. Vipin Singh, Adv. for R-5 CORAM HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) 1. This writ petition is directed against the order dated 2.3.2016, passed by the learned Chief Metropolitan Magistrate (in short "CMM") in complaint case no.376/01/14.2. The substantive prayer made in the writ petition is as follows:-"a) issue a writ, order and direction in the nature of certiorari quashing the order dated 02.03.2016 passed by the learned CMM in CC No.376/and permit the petitioner bank to take physical possession of the property of the respondent No.2 viz. Flat No.311, Pocket-8, Sector-12, Dwarka, New Delhi. 2.1 As is evident on a perusal of the prayer clause that the petitioner bank is ag...
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