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Delhi Court May 2018 Judgments

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May 30 2018

Future Generali India Insurance Co Ltd. Vs.rajeena & Anr

Court: Delhi

Decided on: May-30-2018

$~ 8 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. h May, 2018 FAO2812016 & CM No.19010/2018 FUTURE GENERALI INDIA INSURANCE CO LTD..... Appellant Through: Mr. Vikas Bhadana, Mr.Navneet Kumar, Advocates versus RAJEENA & ANR ........ RESPONDENTS Through: Mr. Ranjeet Singh, Mr.T.N. Tripathi, Advocates for respondents no.1 to 4. Ms.Vandana Sharma, Advocate for respondent no.5. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT(ORAL) 1. The appellant has challenged the order dated 29th February, 2016 whereby the Commissioner, Employees Compensation has awarded the compensation of Rs.6,70,160/- along with interest @ 12% per annum to the respondents.2. The respondents are the widow, two daughters and one son of late Allauddin who was working as a driver on truck bearing No.HR-55M-6500 with respondent no.5 for four years before the accident dated 1st May, 2012.3. On 29th April, 2012, Allauddin was coming from Rajasthan in the aforesaid truck and he unloaded the goods from the...


May 29 2018

Ms. Pi and Ors. Vs.jawaharlal Nehru University and Ors.

Court: Delhi

Decided on: May-29-2018

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELH Date of Decision:29. 5.2018. + W.P.(C) 4219/2018 & CM APP No.16546-48/2018 MS. PI AND ORS. ........ Petitioner Through: Ms. Vrinda Grover with Ms. Ratna Appender and Mr. Soutik Banerjee, Advs. versus JAWAHARLAL NEHRU UNIVERSITY AND ORS. Through: Ms. Ginny J.Rautray with Ms. Anushka ..... Respondent Ashok, Advs. for R-1 to 3. Mr. Vijay Hansaria, Sr. Adv. with Mr. Amit Anand Tiwari, Ms. Mary Mitzy, Mr. Shashwat Singh and Ms. Harshal Gupta, Advs. for R-4. Mr. Satyakam, ASC for R-5 & 6. CORAM:-"HON'BLE MR. JUSTICE RAJIV SHAKDHER % RAJIV SHAKDHER, J.(ORAL) 1. Pursuant to the order dated 2.5.2018, passed by me, Ms. Rautray, who appears for respondents No.1 to 3, has returned with instructions. Ms. Rautray says that the Fact Finding Committee (FFC) has given its report. A copy of the report has been tendered in Court. Pertinently, copies of the report have not been furnished either to the counsel for the petitioners i.e., Ms. Grover, or the counsel...


May 29 2018

Naval Science & Technological Laboratory & Anr. Vs.m/s Tsl Defence Tec ...

Court: Delhi

Decided on: May-29-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.460/2018 + % NAVAL SCIENCE & TECHNOLOGICAL LABORATORY & ANR. ..... Appellants Through: Ms. Madhuri Dhingra and 29th May, 2018 Mr.Ajay Digpaul, Advocates. M/S TSL DEFENCE TECHNOLOGIES PVT. LTD. & ANR. versus ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.22668/2018 (for exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. C.M. Appl. Nos.22667/2018 (for condonation of delay in filing) & 22669/2018 (for condonation of delay in re-filing) 2. For the reasons stated in the application, delays of 89 days in filing and 6 days in re-filing the appeal is condoned. C.M.s stand disposed of. RFA No.460/2018 and C.M. Appl. No.22666/2018 (for stay) 3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant No.2 in the RFA No.460/2018 Page 1 of 7 suit impugning the judgmen...


May 29 2018

Sunny Phogat vs.state of Nct of Delhi

Court: Delhi

Decided on: May-29-2018

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + BAIL APPLN. 1189/2018 Judgment delivered on:29. 05.2018 SUNNY PHOGAT versus STATE OF NCT OF DELHI Advocates who appeared in this case: ........ Petitioner ..... Respondent For the... Petitioner : For the Respondent : CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr.L.S.Saini Mr.Mukesh Kumar, Addl. PP for the State Insp P.L.Meena, PS Mehrauli. JUDGMENT2905.2018 SANJEEV SACHDEVA, J.(ORAL) 1.2. Status report has been filed. The same is taken on record.... Petitioner seeks interim bail in FIR No.189/2014 under Sections 302/3IPC & Section of Arms Act, Police Station Mehrauli, for a period of two months for the proposed surgery of his wife, who has been advised Laparoscopic/Open Cholecystectomy surgery for removal of the Gall Bladder stone, which is scheduled in the first week of June and his wife has been advised to get admitted on BAIL APPLN. 1189/2018 Page 1 of 2 04.06.2018.3. Medical record has been verified.4. The petitioner has been in cu...


May 29 2018

United India Insurance Co Ltd vs.sulochana Khilar & Ors

Court: Delhi

Decided on: May-29-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~14 * % + MAC.APP. 722/2015 and C.M. Appl. 19968/2015 UNITED INDIA INSURANCE CO LTD Date of Decision:29. h May, 2018 ..... Appellant Through: Mr. A.K. De, Ms. Ananya De and Mr. Rajesh Dwivedi, Advocates versus SULOCHANA KHILAR & ORS Through: Mr. S.N. Parashar, Advocate ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.31,05,496/- has been awarded to respondents No.1 to 4.2. On 12th April, 2013, Lal Mohan Khilar was waiting for staff bus on the footpath at Delhi Milk Scheme booth in front of Nirman Bhawan when he was hit by DTC bus bearing No.DL-1PC-8293 which resulted in fatal injuries. The deceased was survived by his widow, son and two daughters who claimed compensation. The deceased was aged 58 years 3 months and was working as Sub-Inspector Executive with CISF and was getting a salary of Rs.39,680/- per month.3. The Claims Tri...


May 29 2018

Abhishek Sharma vs.airports Authority of India and Ors.

Court: Delhi

Decided on: May-29-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: May 29, 2018 W.P.(C) 5945/2018 & CMs 23177-78/2018 ABHISHEK SHARMA ........ Petitioner Through: Mr. Ankur Chhibber and Mr. Bhanu Gupta, Advocates versus AIRPORTS AUTHORITY OF INDIA AND ORS. .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Through: Mr. Digvijay Rai, Advocate ORDER (ORAL) Vide Email Communication of 24th March, 2018 (Annexure P-4), petitioner had sought Review Medical Examination in respect of his height while claiming that petitioners actual height is more than 167 centimeters.2. According to petitioners counsel, there is no response to the aforesaid Email Request (Annexure P-4).3. Learned counsel for petitioner informs that result for all the 43 vacancies of Junior Assistant (Fire Services) has been declared on 21st May, 2018 and seeks petitioners Review Medical Examination by Medical Board.4. In the facts and circumstances of this case, it is deemed appropriate to direct the Medical Superintendent of ...


May 29 2018

Machine Tool [India] Limited vs.splendor Buildwell Pvt Ltd & Anr.

Court: Delhi

Decided on: May-29-2018

$~18 & 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h May, 2018 + + O.M.P. (COMM) 199/2018 & I.A. Nos.6320/2018, 7584/2018 O.M.P. (COMM) 200/2018 & I.A. Nos.6323/2018, 7591/2018 MACHINE TOOL [INDIA]. LIMITED Through: Mr.Viraj Kadam, Adv. ........ Petitioner versus SPLENDOR BUILDWELL PVT LTD & ANR. ........ RESPONDENTS Through: Mr.Sacchin Puri, Sr. Adv. with Mr.Anirudh Bakhru, Ms.Mehak Tanwar and Mr.Kamil Khan, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. These petitions have been filed by the petitioner challenging the Arbitral Award dated 10.11.2017 passed by the Sole Arbitrator in DAC/1195/05-16.2. Learned senior counsel for the respondents submits that the copy of the petition(s) was served on the respondents for the first time on 19.04.2018. Relying upon Section 34 (5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), he submits that as the petitions could not be filed without service of a copy thereo...


May 29 2018

Anil Mehto vs. State

Court: Delhi

Decided on: May-29-2018

$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI28h April, 2018 Reserved on: Pronounced on:29. h May, 2018 + CRL.A. 779/2004 ANIL MEHTO ..... Appellant Through : Ms.Rakhi Dubey, Advocate Versus STATE ..... Respondent Through : Ms.Aashaa Tiwari, APP. Insp.Ved Prakash with SI A.Pratap Singh, PS S.P.Badli. CORAM: HON'BLE MR. JUSTICE S.P.GARG HON'BLE MR. JUSTICE C.HARI SHANKAR % JUDGMENT C. HARI SHANKAR, J.1. The impugned judgement, dated 17th March, 2004, followed by order on sentence, dated 25th March, 2004, passed by the learned Additional Sessions Judge (hereinafter referred to as the learned ASJ) convicts the appellant Anil Kumar Mehto, under Sections 376 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as the IPC), for committing rape of the prosecutrix (who shall be designated, hereinafter, with the ubiquitous M) and for criminally intimidating her. Consequently, the appellant has been sentenced to imprisonment for life, with fine of 10,000/ and default simple imprisonmen...


May 29 2018

m/s.j.k.oil Industries vs.m/s. Adani Wilmar Limited

Court: Delhi

Decided on: May-29-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :19. h MARCH, 2018 DECIDED ON :29. h MAY, 2018 + CS(COMM) 109/2018 & IA Nos.131& 76M/S.J.K.OIL INDUSTRIES ..... Plaintiff Through : Mr.S.K.Bansal, Advocate with Mr.Ajay Amitabh Suman, Advocate. versus M/S. ADANI WILMAR LIMITED ..... Defendant Through : Mr.Rajiv Nayar, Sr.Advocate with Mr.Sushant Singh, Mr.Saurabh Seth & Mohd.Umar Iqbal Khan, Advocates. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.IA131872014 (u/S124Trade Marks Act) 1. The defendant has filed the instant application under Section 124 of the Trade Marks Act (hereinafter the Act) read with Section 151 CPC for stay of the present proceedings pending final disposal of rectification application filed by it. The application is contested by the plaintiff.2. I have heard the learned counsel for the parties and have examined the file. CS(COMM) 109/2018 Page 1 of 15 3. Present suit under Sections 134 and 135 read with Section 27(2) of the Act; Copy Right Act, 1957, has been...


May 29 2018

Dabur India Ltd. Vs.vaidya Nandram Gigraj Chamria

Court: Delhi

Decided on: May-29-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 549/2018 & I.A. 7542/2004 DABUR INDIA LTD. ..... Plaintiff Through: Mr Manish K. Mishra with Ms Akansha Singh, Advocates VAIDYA NANDRAM GIGRAJ CHAMRIA ..... Defendant Date of Decision:29. h May, 2018 versus Through None % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present suit has been filed for permanent injunction restraining infringement of copyright, design, passing off, damages/rendition of accounts and delivery up etc. against the defendant. The prayer clause in the present suit is reproduced hereinbelow:-"from manufacturing, selling, offering (i) A decree for permanent injunction restraining the defendant, its partners or proprietor as the case may be, its servants, agents, assigns in business, its dealers, stockists etc. for sale, advertising, directly or indirectly dealing in churan or any other ayurvedic preparation bearing impugned packaging as are subject matter of the present suit or any other...


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