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Delhi Court July 2018 Judgments

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Jul 25 2018

Bhola & Ors. Vs.the State of Nct of Delhi & Ors.

Court: Delhi

Decided on: Jul-25-2018

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 07.2018 CRL.M.C. 3310/2018 BHOLA & ORS ........ Petitioners versus THE STATE OF NCT OF DELHI & ORS ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner(s) : For the Respondent(s): Mr. S. Hasan Zaidi, Adv. Mr. Panna Lal Sharma, Addl. PP for the State with SI Arvind, PS Shakar Pur CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2507.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek quashing of FIR No.196/2018 under Sections 3at Police Station Shakar Pur.2. The parties are related to each other and also belong to the same village. Subject FIR was registered consequent to a quarrel that took place between the parties with regard to selling of fruits on a hand cart. It is alleged that complainant vends fruits etc. from a handcart and the petitioners/accused had also brought their handcart and started selling fruits next to the complainant on account of which an altercation took pla...


Jul 25 2018

Sona Corporation India pvt.ltd vs.brightpoint India Pvt. Ltd. & Anr

Court: Delhi

Decided on: Jul-25-2018

$-14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. h July, 2018 + O.M.P.(I)(COMM.) 250/2018 SONA CORPORATION INDIA PVT.LTD ........ Petitioner Through: Mr.A.K. Singla, Sr. Adv. with Mr.Rahul Shukla, Adv. versus BRIGHTPOINT INDIA PVT. LTD. & ANR....... RESPONDENTS Through: Mr.Sudhir Kumar and Ms.Ashna Abrol, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner inter-alia praying for the following reliefs: (i) Restrain the Respondent No.1 from acting in terms of the Notice dated 30.04.2018 illegally terminating the Lease Deed dated 18.06.2013; (ii) Direct the Respondent No.1 to pay the... Petitioner Rs.74,34,000/-, being the lease rent for the months of March to May, 2018 due under the registered Lease Deed dated 18.06.2013 along with interest at the rate of 21% p.a. from due date, i.e. 07.03.2018; (iii) Dire...


Jul 25 2018

Gayatri Gupta vs.bimla Devi

Court: Delhi

Decided on: Jul-25-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. h July, 2018 RSA1402017 & CM No.29522/2018 (of the respondent for condonation of delay of 41 days in filing reply to the appeal). GAYATRI GUPTA ..... Appellant Through: Mr. S.C. Singhal, Adv. versus Through: Mr. Vivek B.Saharya, Adv. ..... Respondent BIMLA DEVI CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 10th February, 2017 in RCA No.(60731/16) of the Court of the Additional District Judge (West)-01]. of dismissal of First Appeal under Section 96 of the CPC preferred by the appellant against the judgment and decree [dated 29th January, 2013 in Suit No.129/(Unique ID No.02401C547872003) of the Court of the Civil Judge (Central-02)]. of dismissal of suit filed by the appellant/plaintiff against the respondent/defendant.2. This appeal came up first before this Court on 16th May, 2017, when the following...


Jul 25 2018

Praveen & Anr. Vs.the State (Nct of Delhi)

Court: Delhi

Decided on: Jul-25-2018

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 07.2018 BAIL APPLN.1278/2018 PRAVEEN & ANR. versus THE STATE (NCT OF DELHI) ........ Petitioners ..... Respondent Advocates who appeared in this case: For the... Petitioners : For the Respondent: CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr.S.Nandakumar, Mr.M.S.Saran Kumar, Mr.Sugam Kumar Jha and Ms.Deepita Nanda Kumar, Advs. Mr.Panna Lal Sharma, Addl. PP for the State with SI Megha Ram, P.S.Sangam Vihar. Mr.Vikas Singh and Mr.Dev Sejwal, Advs. for the complainant. JUDGMENT2507.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek regular bail in FIR No.206 of 2017 under Sections 326/4of the IPC at Police Station Sangam Vihar.2. Allegations in the FIR are that the complainant is related to the accused and there was some financial transactions between the parties. Bail Appln.1278/2018 Page 1 of 3 The property of the complainant was mortgaged with a third party and the petitioners are alleged to have paid Rs.6...


Jul 25 2018

Col Anil Kumar Sharma (Retd) and Ors. Vs.union of India and Ors.

Court: Delhi

Decided on: Jul-25-2018

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7200/2018 & CM No.27422/2018 COL ANIL KUMAR SHARMA (RETD) AND ORS. Through: Mr Vaibhav Agnihotri and Mr Rahul ........ Petitioners Malik, Advocates. versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr Ashim Sood, CGSC with Mr Aditya Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2507.2018 1. The petitioners have filed the present petition, inter alia, praying as under:-"B. Issue a Writ of Certiorari quashing the communication dated 16.05.2018 restraining the Respondent No.2 from retrospective application of policy change to the NOC dated 13.08.2014 by considering it as ''first chance" thereby restoring the... Petitioners in the list of seniority. 2. The petitioners are Ex-Servicemen (ESM), who have superannuated from the Indian Armed Forces. They are empanelled with the Directorate General of Resettlement (hereafter DGR) for being sponsored to carry on the work of coal transportation for Subsidiaries ...


Jul 25 2018

Raghbir Kaur Thr Lrs & Anr vs.union of India

Court: Delhi

Decided on: Jul-25-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. h July, 2018 RSA1062018 & CM No.29346 (for stay). RAGHBIR KAUR THR LRS & ANR ..... Appellants Through: Mr. Bharat Bhushan Bhatia with Mr. Akshay Bhatia, Mr. Swapnil Aeron and Mr. Vivek Singh, Advs. versus Through: None. ..... Respondent UNION OF INDIA CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No.29347/2018 (for exemption).1. 2. Allowed, subject to just exceptions. The application stands disposed of. RSA1062018 & CM No.29346 (for stay).3. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment [dated 18th April, 2018 in RCA/DJ No.1of the Court of the Additional District Judge- 03 (West)]. allowing the First Appeal under Section 96 of the CPC preferred by the respondent Union of India (UOI) against the judgment and decree [dated 27th January, 2017 in Suit No.607282/2016 of the Court of Civil Judge-07, West District, Tis Hazari Courts, Delhi]. of mandatory injunct...


Jul 25 2018

M/S Calvin Klein Trade Mark Trust vs.m/s Smart Collection & Ors

Court: Delhi

Decided on: Jul-25-2018

$~12 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :25th July, 2018 M/S CALVIN KLEIN TRADE MARK TRUST CS (COMM) 97/2016 & I.A. 10772/2014 ..... Plaintiff Through: Mr. S. K. Bansal, Mr. Pankaj Kumar & Mr. Kapil Kumar Giri, Advocates (M-9810438450). M/S SMART COLLECTION & ORS versus ..... Defendants Through: Mr. H. P. Singh, Advocate for D-1 to 6&8 (M-9810008116). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The Plaintiff Calvin Klein Trademark Trust. (hereinafter, Plaintiff), is a trust created for management of trademark rights of M/s Calvin Klein, Inc., which is a multinational company, engaged in the business of manufacture, distribution and sale of wide range of clothing, fragrances, cosmetics, eyewear, watches. The company was founded by Mr. Calvin Klein in 1967 and since then been using the trademarks CALVIN KLEIN and cK. The Plaintiffs products are claimed to be sold in more than 100 countries in the world. In India, the Plaintiffs marks CALVIN ...


Jul 25 2018

Lally Automobiles Pvt. Ltd. Vs.commissioner (Adjudication), Central Ex ...

Court: Delhi

Decided on: Jul-25-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:11. 07.2018 Pronounced on:25. 07.2018 SERTA72018 LALLY AUTOMOBILES PVT. LTD. ..... Appellant Through: Sh. J.K. Mittal, Sh. Rajveer Singh, Sh. Shantanu Singh and Sh. Atul Krishna, Advocates. versus COMMISSIONER (ADJUDICATION), CENTRAL EXCISE ..... Respondent Through: Sh. Sanjeev Narula, CGSC. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT % 1. The following question of law arises in this appeal: (i) Whether the Customs, Excise and Service Tax Appellate Tribunal was right in holding that the appellant is not entitled to set-off or benefit of service tax credit on the entire amount paid, but on the proportionate amount as substantial part of business of the appellant was trading and hence exempt?. (ii) Whether the Explanation added to Rule 2(e) of the Cenvat Credit Rules, 2004 with effect from 1st April, 2011 is clarificatory in nature or only prospective?. (iii) Whether the C...


Jul 25 2018

Abhishek Chadha & Ors. Vs.state (Nct of Delhi) & Anr.

Court: Delhi

Decided on: Jul-25-2018

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 07.2018 CRL.M.C. 3650/2018 ABHISHEK CHADHA & ORS. versus STATE (NCT OF DELHI) & ANR. ........ Petitioners ........ RESPONDENTS Mr. J.P. Sharma with Mr. D.K. Sharma, Advocates. Advocates who appeared in this case: For the... Petitioners : For the Respondent: CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Kamal Kumar Gahi, APP for the State. SI Usha, PS Bindapur. Mr. D.P. Verma, Advocate for R-2. JUDGMENT2507.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 28458/2018(Exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3650/2018 1. The petitioners seek quashing of FIR No.106/2017 under Sections 498A/4IPC, Police Station Bindapur, South. CRL.M.C. 3650/2018 Page 1 of 3 2.3. The subject FIR emanates out of matrimonial discord.... Petitioner No.1 is the husband of respondent No.2.... Petitioner Nos.2 & 3 are the father-in-law and mother-in-law of the respondent No.2.... Petitioner No.4 is the sister-in...


Jul 25 2018

Nazma Begum vs.ali Abbas

Court: Delhi

Decided on: Jul-25-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. h July, 2018 RSA1052018, CM No.24828/2018 (u/O41 R.5 CPC for stay) and CM No.28429/2018 (for condonation of 1413 days delay in filing) ..... Appellant Through: Mr.Surinder Anand, Ms.Sugandha Versus Anand, Advocates NAZMA BEGUM CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 Through: None ALI ABBAS ..... Respondent This Regular Second Appeal under Section 100 of the CPC impugns the order (dated 29th August, 2014 in RCA No.48/2013 of the Court of Additional District Judge, East) of dismissal of First Appeal, under Section 96 of the CPC preferred by the appellant / defendant against the judgment and decree [dated 26th March, 2013 in Suit No.197/2012 (old No.10/2004) (Unique case ID No.02402C0475502004)]. for recovery of Rs.1,29,625/- together with interest and costs in favour of the respondent / plaintiff and against the appellant / defendant, as a consequence of dismissal of the application accompanying the First Appeal fo...


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