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Delhi Court February 2018 Judgments

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Feb 05 2018

M/S. Aero Club vs.mr. Sahibjeet & Anr.

Court: Delhi

Decided on: Feb-05-2018

3 $~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 662/2017 & I.A. 11428/2017 M/S. AERO CLUB Versus ..... Plaintiff Through: Mr. Prithvi Singh and Mr. Utkarsh Joshi, Advocates. ..... Defendants Date of Decision:05. h February, 2018 MR. SAHIBJEET & ANR. Through None % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Since the Joint Registrar has rendered a finding that the defendants have been served (as they have refused service) the defendants are proceeded ex parte.2. At this stage, learned counsel for the plaintiff gives up prayers (iv), (v) and (vi) of the prayers to the suit. The statement made by learned counsel for plaintiff is accepted by this Court and plaintiff is held bound by the same. CS (COMM) 662/2017 Page 1 of 5 3. He further states that in view of the judgment of this Court in Satya Infrastructure Ltd. & Ors. Vs. Satya Infra & Estates Pvt. Ltd., 2013 SCC OnLine Del 508, the present suit be decreed qua the relief of injunction. The relevant por...


Feb 05 2018

M/S Rha Enterprises vs.union of India and Anr

Court: Delhi

Decided on: Feb-05-2018

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:5. February 2018 + W.P.(C) 11715/2016 M/S RHA ENTERPRISES ........ Petitioner Through Dr. G.K. Sarkar, Mrs. Malabika Sarkar, Mr. Prashant Srivastava and Mr. Deepak Mahajan, Advs. versus UNION OF INDIA AND ANR ........ RESPONDENTS Through Mr. Ravi Prakash, CGSC with Mr. Farman Ali, Adv. for R-1 & 2 CORAM HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL)1) The petitioners principal grievance in the present writ petition is that it has not been issued duty credit scrips under the Merchandise Exports From India Export Scheme (in short Scheme) in terms of Chapter 3 of the Foreign Trade Policy. The Foreign Trade Policy which is in issue, according to the learned counsel for the petitioner, is the one relating to the period 2015-2020.2) It appears that the respondents refused to issue duty credit scrips under the said Scheme on account of an alert having been issued by W.P. (C) 11715 /2016 Page 1 of 4 the Customs D...


Feb 05 2018

Harish Kumar Bhola vs.chander Bhan

Court: Delhi

Decided on: Feb-05-2018

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:5. h February, 2018 + RFA4682017 HARISH KUMAR BHOLA ..... Appellant Through: Ms. Sanya Kapur & Mr. Sagar (M- Advocates Aggarwal, 9999645466). versus CHANDER BHAN ..... Respondent Through: Mr. Bhupinder Mehtani & Mr. Vineet Kumar Tuteja, Advocates (M- 9811433605). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh. J.(Oral) RFA4682017 & CM APPL. 17035/2017 (Stay) 1. The Appellant/Defendant (hereinafter, Defendant) has preferred the instant appeal challenging order dated 4th March, 2017 refusing leave to defend to the Defendant. The case of the Respondent/Plaintiff (hereinafter `Plaintiff') is based on loan agreement dated 25th June, 2012 by which the Plaintiff had lent to the Defendant a sum of Rs.4 lakhs. The Plaintiff filed a suit based on the loan agreement, under Order XXXVII of CPC on 5th November, 2014 and prayed for a decree for a sum of Rs.6,70,000/- which included the interest component.2. The Defendant initially f...


Feb 05 2018

M K Gupta vs.union of India and Ors.

Court: Delhi

Decided on: Feb-05-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1016/2018 Date of Order: February 05, 2018 1. M K GUPTA Through: Mr. Mohan Kumar, Advocate ........ Petitioner Versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr. P.S. Singh, Ms. Annu Singh & Mr. Rajpal Singh, Advocates for respondent No.1-UOI Mr. Apoorv Kurup & Ms. Isha Mittal, Advocates, for respondent No.2-UGC Ms. Monika Arora, Advocate for respondent No.3-JNU CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner seeks parity with Senior Technical Assistant and claims consequential benefits in pursuance to extract of Jawaharlal Nehru University (JNU)s Resolution of 27th September, 1995 (Annexure P-1).... Petitioner claims that for the relief sought in this petition, a Representation of 2nd January, 2017 (Annexure P-9) was addressed to JNU. It is submitted that in terms of Communication of 6th March, 2017 (Annexure P-10) of JNU, the said Representation of 2nd January, 2017 (Annexure P-9) of petitioner, was fo...


Feb 05 2018

Mohan Lal vs.hari Singh & Anr

Court: Delhi

Decided on: Feb-05-2018

$~5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 865/2015 MOHAN LAL Decided on:5. h February, 2018 ........ Petitioner Through: Mr. Santosh Chourihaa, Advocate with Mr. Miraj Khan & Mr. Vinod, Advocates. versus HARI SINGH & ANR CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) Through: ........ RESPONDENTS 1. The order under challenge by the petition at hand was passed by the senior civil judge in first appeal (MCA No.08/2014), decided on 12.05.2015, affirming the decision of the trial court (civil judge), whereby the application of the petitioner-plaintiff of the civil suit (Suit No.50/2014) seeking ad interim injunction against the respondents was dismissed by order dated 16.07.2014. The civil suit in which the said interim relief was claimed invoking provisions contained in Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (CPC) was instituted in 2014 claiming cause of action to have arisen in February/March, 2014 when the respondents allegedly made attempts to forci...


Feb 05 2018

Kamal Kant Bansal and Anr. Vs.union of India and Ors

Court: Delhi

Decided on: Feb-05-2018

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgement:5. h February, 2018 + W.P.(C) 8780/2015 KAMAL KANT BANSAL & ANR. .....Petitioners Through: Mr. S.K. Rout and Mr. Aman Mehrotra, Versus Advocates. UNION OF INDIA & ORS .....Respondents Through: Mr. Yeeshu Jain, Adv. with Ms. Jyoti Tyagi, Advocates for L&B/LAC. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S. SISTANI, J.(Oral) 1. This is a petition under Article 226 of Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to land bearing Khasra No.min, admeasuring (0-12 Biswa) situated in the revenue estate of village Nangloi Jat, New Delhi, (hereinafter referred as the 'subject land') stand lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as '2013 Act') as no compensation has been paid to the petitioners.2....


Feb 05 2018

Satish Kumar and Ors vs.govt of Nct of Delhi and Ors

Court: Delhi

Decided on: Feb-05-2018

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:05. h February, 2018 + W.P.(C) 1034/2016 SATISH KUMAR AND ORS ........ Petitioners Through: Mr.Aditya Singh, Advocate. versus GOVT OF NCT OF DELHI AND ORS ........ RESPONDENTS Through: Mr.Siddharth Panda, Advocate for respondent nos.1 & 2/LAC & L&B Department. Mr.Sanjeev Standing Counsel with Mr.Hem Kumar and Ms.Simmee Kumari, Advocates for respondent/DDA. Sabharwal, CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. This is a petition under Article 226 of the Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings in respect of the land of the petitioners comprised in Khasra No.1413(old)-857(new) (0-12), Khasra No.1416(old)- 861(new) (1-6), Khasra No.1493(old)-936 (new) (0-19) total admeasuring 2 bigha 17 biswas situated in the revenue estate of village Mehrauli, New Delhi (hereinafter referred to as the subject W.P. (C)...


Feb 05 2018

Rahul Narang vs.harinder Singh

Court: Delhi

Decided on: Feb-05-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % RAHUL NARANG RFA No.103/2018 Reserved on:2. d February, 2018 Pronounced on :5. h February, 2018 ..... Appellant Through: Ms. Shikha Sapra, Advocate Jatin Choudhary, with Mr. Advocate. versus HARINDER SINGH CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.3985/2018 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. C.M. No.3986/2018 (for condonation of delay) 2. For the reasons stated in the application, delay of 9 days in re-filing the appeal is condoned. C.M. stands disposed of. RFA No.103/2018 and C.M. No.3984/2018 (stay) 3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit RFA No.103/2018 Page 1 of 10 impugning the judgment of the Trial Court dated 27.9.2017 by which the trial court has decreed the suit filed by the respondent/plaintiff for a sum o...


Feb 05 2018

Telefonaktiebolaget Lm Ericsson(publ) vs.mercury Electronics & Anr

Court: Delhi

Decided on: Feb-05-2018

$~16 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 155/2017 & CC(COMM) 83-90/2017, CCP(O) 71/2015, CCP(O) 7/2017, I.As. 7690/2016, 8278/2016, 8808/2016, 9972/2016, 11332/2016, 11695/2016, 12393/2016, 12402/2016, 10960/2017, 11739/2017, 12026/2017 2187-2188/2017, 15482/2016, TELEFONAKTIEBOLAGET LM ERICSSON(PUBL) ..... Plaintiff Through Mrs.Saya Choudhary, Mr.Ashutosh Kumar, Mr.Aditya Jayaraj, Mr.Devanshu Khanna, Mr.Prateek Sehrawat, Mr.Nikhil Chawla and Mr.Saksham Garg, Advocates. versus MERCURY ELECTRONICS & ANR ..... Defendants Through Mr.Ashok K Aggarwal with Mr.Samrat Nigam, Ms.Snigdha Sharma, Ms.Ritwik Sneha and Mr.Gaurav Priyadarshi, Advocates for D-2. Date of Decision:05. h February, 2018 % CORAM: HON'BLE MR. JUSTICE MANMOHAN CS (COMM) 155/2017 Page 1 of 4 JUDGMENT MANMOHAN, J: (Oral) I.A.Nos.1698/2018 & 1623/2018 1. While I.A.No.1698/2018 has been filed on behalf of the plaintiff under Order XXIII Rule 1 read with Section 151 CPC, I.A.No.1623/2018 has been filed on behalf...


Feb 05 2018

M/S Oriental Insurance Company Limited vs.m/s Asb Agro Exports P Ltd

Court: Delhi

Decided on: Feb-05-2018

$~6 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA9892016 & CM APPL. 46708/2016 (stay) Date of Decision:5. h February, 2018 M/S ORIENTAL INSURANCE COMPANY LIMITED ..... Appellant Through: Mr. Saurabh Verma, Advocate. (M:8860625759) versus M/S ASB AGRO EXPORTS P LTD Through: Mr. ..... Respondent Kumar Advocate. (M:9871206374) Santosh Pandey, CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh. J.(Oral) CM APPL. 46709/2016 (delay) in RFA9892016 This is an application seeking condonation of delay of 232 days in 1. filing the present appeal. The impugned judgment is dated 13th January 2016. Admittedly, certified copy was received in less than four weeks after the judgement. However, the appeal was filed in November 2016. The reason given for delay is contained in paragraphs 3 & 4 is set out below: That the delay which has happened in the filing of the appeal is neither intentional nor deliberate but due to the reason that the appellant is having the head office at Delhi and from the concer...


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