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Delhi Court July 2018 Judgments

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Jul 25 2018

Shri M. C. Birla & Ors. Vs.shri Arvind Birla & Ors.

Court: Delhi

Decided on: Jul-25-2018

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:25. h July, 2018 + O.M.P. 556/2006 SHRI M. C. BIRLA & ORS. ........ Petitioners Through: Ms. Mamta Mehra, Mr. Tanmaya Mehta & Ms. Sangeeta Chandra, Advocates. (M:9810001790) versus SHRI ARVIND BIRLA & ORS. E+ ..... Respondent Through: Mr. Sanjay Ghose, ASC for GNCTD with Ms. Shwetan K. Singh, Advocate. (M:9766446824) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) I.A. 292/2017 1. On 18th July, 2012 this Court had recorded the family settlement entered into between the various members of M. C. Birla family on 12th July, 2012. Statements of the parties were recorded before the Joint Registrar and pursuant thereto, the family settlement was directed to substitute the impugned awards dated 28th September, 2006 and 18th October, 2007. Decree sheet was also directed to be drawn up. The said order dated 18th July, 2012 reads as under: 1. Pursuant to the order passed by the Court yesterday, the statements of the parti...


Jul 25 2018

Avnija Ahluwalia vs.central Board of Secondary Education and Ors.

Court: Delhi

Decided on: Jul-25-2018

#72 IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7692/2018 AVNIJA AHLUWALIA versus Judgment delivered on:25. 07.2018 ........ Petitioner CENTRAL BOARD OF SECONDARY EDUCATION AND ORS. ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS : Mr. K.P. Toms and Mr. Anil S. Bist, Advocates : Mr. Atul Kumar, Advocate for R-1 & R-2 CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J (ORAL) CM APPL.29480-29481/2018 Exemption granted subject to all just exceptions. The application is disposed of accordingly. W.P.(C) 7692/2018 & CM APPL.29479/2018 (Directions) 1. The present writ petition under Article 226 of the Constitution of India, prays as follows:-"W.P.(C) 7692/2018 Page 1 of 5 In view of the above mentioned facts and circumstances, it is therefore, most respectfully prayed that this Honble Court may be pleased to:-"A. Issue writ of Mandamus or any other Writ/directions/orders to the respondents for issue of fresh Seco...


Jul 25 2018

M/S Bvlgari Spa vs.m/s Smart Collection & Ors

Court: Delhi

Decided on: Jul-25-2018

$~22 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :25th July, 2018 M/S BVLGARI SPA CS (COMM) 209/2018 & I.A. 14700/2014 ..... Plaintiff Through: Mr. S. K. Bansal, Mr. Pankaj Kumar & Mr. Kapil Kumar Giri, Advocates (M-9810438450). versus M/S SMART COLLECTION & ORS ..... 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 M/s Bvlgari SPA (hereinafter, Plaintiff), is an Italian jewellery and luxury goods company having the trademark BVLGARI, which is derived from the surname of the companys Greek founder, Sotirios Voulgaris, popularly known as Sotirio Bulgari. Although it started out as a jewellery brand, it is now a luxury brand that produces and markets several product lines including watches, fragrances, accessories and hotels. The Plaintiffs products are said to have achieved global repute and renown. In India, the Plaintiffs mark BVLGARI is registered in several cla...


Jul 25 2018

M/S. National Highways Authority of India vs.m/s. Oriental Structural ...

Court: Delhi

Decided on: Jul-25-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: July 11, 2018 Judgment pronounced on: July 25, 2018 + FAO(OS) 155/2015 M/S. NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Appellant Through: Mr. Narender Hooda, Senior Advocate with Ms. Gunjan Sinha Jain and Mr. Mukesh Kumar, Advs. versus M/S. ORIENTAL STRUCTURAL ENGINEERS PVT TLD. ..... Respondent Through: Mr. Anil Airi, Sr. Adv with Mr. Ravi K. Chandna, Ms. Bindiya Longawney, Mr. Sukanya Lal, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA S. RAVINDRA BHAT, J.% 1. The National Highways Authority of India (NHAI hereafter) appeals the rejection of its petition objecting to the award of an arbitral tribunal, under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act).2. NHAI entered into a contract dated 29th September, 2005 with the respondent (hereafter the contractor) who had to construct (for a consideration of ` 115,24,02,683/-) of New Four Lane Jhansi Bypass on National Hig...


Jul 25 2018

Asha Malik & Anr vs.uma Singh

Court: Delhi

Decided on: Jul-25-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.589/2018 + % ASHA MALIK & ANR. 25th July, 2018 ..... Appellants Mr. Sanjeev Salhan, Advocate with appellant no.1 in person. Through: versus Through: Mr. Naresh Kumar Beniwal, ..... Respondent UMA SINGH CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA Advocate. To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.29414/2018(exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. C.M. No.29413/2018(for condonation of delay) 2. For the reasons stated in the application, delay of 75 days in re-filing the appeal is condoned. C.M. stands disposed of. RFA No.589/2018 Page 1 of 17 RFA No.589/2018 and C.M. No.29412/2018(stay) 3. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908(CPC) is filed by the defendants in the suit impugning the judgment of the Trial Court dated 30.1.2018 by which trial court has decreed the suit for possession and mesne profits filed by the mother/respond...


Jul 25 2018

Govt. Of Nct of Delhi and Anr. Vs.v. Jeganathan Arulmoni

Court: Delhi

Decided on: Jul-25-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3549/2016, C.M. APPL.22788/2018 Reserved on:02. 07.2018 Pronounced on:25. 07.2018 GOVT. OF NCT OF DELHI AND ANR. .Petitioners Sh. Naushad Ahmad Khan, ASC for Through: GNCTD. Versus V. JEGANATHAN ARULMONI ..Respondent Through: Ms. Rashmi Chopra, Advocate for R-1. Ms. Avnish Ahlawat and Sh. N.K. Singh, Standing Counsel, for DTU/R-2. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA S. RAVINDRA BHAT, J.1. The Govt. of NCT of Delhi, in this writ petition, challenges an order of the Central Administrative Tribunal (hereafter CAT), which declared and directed that the respondent (hereafter Arulmoni) had to be treated as holding a post equivalent to a Lecturer and was therefore entitled to a higher age of retirement.2. The facts necessary to decide this case are that Arulmoni joined the Delhi College of Engineering (DCE) when it was directly administered by the Govt. of NCT. He was appointed as a Foreman Instruct...


Jul 25 2018

Shivani vs.employee State Insurance Corporation

Court: Delhi

Decided on: Jul-25-2018

#71 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. 07.2018 REVIEW PETITION2822018 in W.P.(C) 6657/2018 SHIVANI ........ Petitioner versus EMPLOYEE STATE INSURANCE CORPORATION ..... Respondent Advocates who appeared in this case: For the... Petitioner For the Respondent : Mr. Sanjay Sharma, Advocate : Mr. V.K. Singh and Ms. Prachi Singh, Advocates with Mr. Subhash Kumar, SSO CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J (ORAL) CM APPL.29550/2018 (Exemption) Exemption granted subject to all just exceptions. The application is disposed of accordingly. REVIEW PETITION No.282/2018 in W.P.(C) 6657/2018 Page 1 of 6 REVIEW PETITION2822018 & CM APPL.29549/2018 (Directions) 1. By way of the present petition, the petitioner seeks review of the order dated 03.07.2018, passed by this Court, whereby the writ petition being W.P.(C) 6657/2018 (for short First Petition), instituted on behalf of the petitioner herein, was dismissed as withdrawn, in view of t...


Jul 25 2018

Mr. Piyush Pathak & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Jul-25-2018

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 07.2018 CRL.M.C. 3656/2018 MR. PIYUSH PATHAK & ORS. STATE & ANR. versus ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : For the Respondent: Mr. Vikas Arora with Ms. Radhika Arora, Advocates. Mr. Sanjeev Sabharwal, APP for State. SI Kapil Kumar, PS Mansarovar Park. Mr. S. Arman Sharma, Advocate for R-2 with R-2 in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2507.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 28480/2018(Exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3656/2018 1. The petitioners seek quashing of FIR No.113/2014 under Sections 498/4IPC and Section 4 Dowry Prohibition Act, 1961, Police Station Mansarovar Park. CRL.M.C. 3656/2018 Page 1 of 3 2. Learned counsel for the petitioners submits that the petitioner No.5, who is the cousin sister of the petitioner No.1and has also filed a supporting affidavit in suppo...


Jul 25 2018

M/S Lvmh Fragrance Brands Sa vs.m/s Smart Collection & Ors

Court: Delhi

Decided on: Jul-25-2018

$~23 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :25th July, 2018 M/S LVMH FRAGRANCE BRANDS SA CS (COMM) 211/2018 & I.A. 14144/2014 ..... Plaintiff Through: Mr. S. K. Bansal, Mr. Pankaj Kumar & Mr. Kapil Kumar Giri, Advocates (M-9810438450). versus M/S SMART COLLECTION & ORS ..... 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 LVMH Fragrance Brands SA. (hereinafter, Plaintiff), is a multinational luxury goods conglomerate, headquartered in Paris. The company was formed by the merger of Louis Vuitton with Moet Hennessy in 1987. It controls 60 subsidiaries across the globe, GIVENCHY being one of them. GIVENCHY is a French fashion, accessories and perfume brand, founded by Count Hubert de Givenchy in 1952. M/s Parfums Givenchy S.A. France, the predecessor of the Plaintiff company, was established in 1957 and since then GIVENCHY has become renowned brand for fragran...


Jul 25 2018

Commissioner of Income Tax vs.sinochem India Co. Pvt. Ltd.

Court: Delhi

Decided on: Jul-25-2018

$~59. *IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL No.768/2018 Date of decision:25. h July, 2018 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Ashok K. Manchanda, Sr. Standing Counsel with Mr. Aditya, Advocate. versus SINOCHEM INDIA CO. PVT. LTD. ..... Respondent Through Nemo. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL): CM No.29468/2018 Exemption allowed, subject to all just exceptions. ITA No.768/2018 & CM No.29467/2018 There is delay of 36 days in filing of the appeal. However, before issuing notice on the application seeking condonation of delay, we have proceeded to examine the appeal on merits.2. This appeal by the Revenue in the case of Sinochem India Company Private Limited relates to Assessment Year 2010-11 and impugns order dated 13th December, 2017 passed by the Income Tax Appellate Tribunal (Tribunal, for short) in ITA No.3927/Del/2014. ITA768/2018 Page 1 of 8 3. Question of law raised relate...


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