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Delhi Court August 2018 Judgments

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Aug 28 2018

Samsung Electronics Company Limited & Anr. Vs.mr. Akhilesh Tiwari & Or ...

Court: Delhi

Decided on: Aug-28-2018

14 $~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 147/2017 SAMSUNG ELECTRONICS COMPANY LIMITED & ANR. .....Plaintiffs Through: Mr. Sudeep Chatterjee, Advocate with Mr. SonalChhablani and Ms. Aishwariya, Advocates. Versus MR. AKHILESH TIWARI & ORS. ..... Defendants Through: Ms. Neelam Pathak, Advocate for defendants No.42 and 45. Date of Decision:28thAugust, 2018. CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral) 1. Present suit has been filed against the defendants for permanent injunction, restraining use of trademark SAMSUNG/ GALAXY for counterfeit mobile phones & mobile accessories, resulting in violation & infringement of rights in the trademark SAMSUNG, copyright, passing off, unfair competition, dilution, rendition of accounts, delivery up and recovery of damages, etc. The prayer clause in the present suit is reproduced hereinbelow:-"CS (COMM) 147/2017 Page 1 of 8 87. The Plaintiffs therefore, respectfully prays that the following reliefs be granted in it...


Aug 28 2018

Divya Rani & Ors vs.sbi General Insurance Co Ltd & Ors

Court: Delhi

Decided on: Aug-28-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: August 28, 2018 + MAC.APP. 934/2017 & CM384902017 SBI GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Singh Thakur, Advocate versus DIVYA RANI & ORS .....Respondents Through: Mr. Navneet Goel, Advocate for respondents No.1 to 4 + MAC.APP. 425/2018 1. DIVYA RANI & ORS .....Appellants Through: Mr. Navneet Goel, Advocate versus SBI GENERAL INSURANCE CO LTD & ORS Through: Mr. Pankaj Singh Thakur, .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Advocate for respondent-Insurer JUDGMENT (ORAL) The above-captioned two appeals are directed against Award of 3rd August, 2017 vide which compensation of `27,40,000/- with interest @ 9% per annum has been awarded to Claimants. In the above-captioned first appeal, the Insurer seeks reduction in the quantum of compensation granted by the Tribunal, whereas in the above-captioned second appeal, enhancement of compensation is sought by Claimants. Since these two MAC APPs.934...


Aug 28 2018

M/S. s.n. Sunderson & Company vs.m/s. Chandok Machineries

Court: Delhi

Decided on: Aug-28-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (I) (COMM.) 269/2017 Reserved on:28. h May, 2018 Date of decision :28th August, 2018 M/S. S.N. SUNDERSON & COMPANY ........ Petitioner Through: Mr.Jayant K. Mehta, Mr.Pulkit Agarwal & Mr.Shubhankar, Advs. versus M/S. CHANDOK MACHINERIES ..... Respondent Through: Mr.Sudhir Nandrajog, Sr. Adv. with Mr.Avi Singh, Mr.Shashank Dixit, Mr.Katyayini & Ms.Purnima Malik, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 By a separate order passed today in OMP(Comm.) No.321/2017, the objections filed by the respondent against the Arbitral Award have been dismissed.2. In view of the above, the Interim Order dated 24th July, 2017 shall continue for a further period of four weeks subject to any further or other order passed by a Competent Court in any other proceedings.3. The present petition is disposed of with the above direction and with no order as to costs. NAVIN CHAWLA, J AUGUST28 2018/RN O.M.P. (I)(COMM.) 269/2017 Page 1...


Aug 28 2018

Zahir Abbas Ansari vs.sushila Jain

Court: Delhi

Decided on: Aug-28-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.717/2018 + % ZAHIR ABBAS ANSARI SUSHILA JAIN28h August, 2018. Mr. P.K.Srivastava, Advocate. ..... Appellant Through: versus ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.34854/2018 (Exemption) Exemption allowed subject to just exceptions. CM stands disposed of. CM No.34855/2018 (delay in re-filing) For the reasons stated in the application, delay in re-filing is condoned. CM stands disposed of. RFA No.717/2018 & CM No.34853/2018 (stay) RFA No.717/2018 Page 1 of 3 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Order of the Trial Court dated 18.1.2018 by which the trial court has decreed the Order XXXVII CPC suit filed by the respondent/plaintiff on account of non-compliance of the conditional order of the leave to defend dated 12.10.2017. By the Order dated 12.10...


Aug 28 2018

Raj Kumar & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Aug-28-2018

$~50 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"28th August, 2018 CRL. M.C. 3029/2018 RAJ KUMAR & ORS. ........ Petitioners Through: Mr. Ashok Kumar Sherawat, Adv. along with petitioners. STATE & ANR. versus Through: ........ RESPONDENTS Mr. Mukesh Kumar, APP for the State. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petition at hand challenges the order dated 05.04.2017 of the Metropolitan Magistrate in the criminal case arising out of report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted on conclusion of investigation into FIR No.39/2013 whereby charge under Section 498A/34 of Indian Penal Code, 1860 (IPC) was framed against the petitioners. On being asked, the counsel for the petitioner submits the said order was earlier challenged in the court of Sessions invoking its revisional jurisdiction. The revision petition was dismissed. Neither the copy of the said order is filed with the petition nor has the said fact been mentioned....


Aug 28 2018

Kusum Singh vs.union of India & Anr.

Court: Delhi

Decided on: Aug-28-2018

+ W.P.(C) 9089/2017 Date of decision:28. 08.2018 ........ Petitioner KUSUM SINGH $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Through: Mr. Piyush Kumar, Ms. Vidushi Shubham & Ms. Reena Rawat, Advs. versus UNION OF INDIA & ANR. ........ RESPONDENTS Through: Mr. Vinod Diwakar, CGSC with Mr. Sanjay Pal, Adv. for R-1,2/UOI. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA S. RAVINDRA BHAT, J.(ORAL) 1. The petitioners grievance is that pursuant to search and seizure proceedings conducted by the Department of Revenue Intelligence (DRI), gold jewellery and other like valuables were detained; they were found in the locker maintained in the Corporation Bank, Mayur Vihar Branch. The search and seizure proceedings took place on 07.07.2017. The DRI officials apparently also seized the key; the contents of the locker are jewellery etc, and continue to be in the locker. The DRI inventorized the jewellery. The petitioner has sought appropriate directions for the release of...


Aug 28 2018

Tomorrow Land Technologies Exports Limited vs.hudco & Anr

Court: Delhi

Decided on: Aug-28-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h August, 2018. CS(OS) 1551/2005 TOMORROW LAND TECHNOLOGIES EXPORTS LIMITED Through: Mr. Pavan Sachdeva for plaintiff. ..... Plaintiff Versus HUDCO & ANR ..... Defendants Through: Ms. Meenakshi Arora, Sr. Adv. with Mr. Rohit Sharma and Mr. Anshul Chowdhary Advs. for HUDCO. Mr. Rajeev Sharma, Adv. for UOI. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.15619/2017 (of the defendant no.1 under Section 151 of the CPC for recall of the order dated 13th January, 2017).1. The senior counsel for the applicant/defendant no.1 Housing and Urban Development Corporation Limited (HUDCO), the counsel for the defendant no.2 Union of India and Mr. Pavan Sachdeva, Managing Director of the plaintiff have been heard.2. Finding, (i) that the plaintiff had filed the present suit for specific performance of an Agreement to Sell by the defendant no.1 HUDCO Ltd. of nine guest house blocks, nine restaurants and twenty five shops in Andrews ...


Aug 28 2018

Union of India & Anr. Vs.amazon Seller Services Pvt. Ltd

Court: Delhi

Decided on: Aug-28-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION (CIVIL) No.4826/2017 Reserved on:17. h August, 2018 Date of decision:28. h August, 2018 UNION OF INDIA & ANR. ........ Petitioners Through Mr. Sanjeev Narula, Standing Counsel. versus AMAZON SELLER SERVICES PVT. LTD. ..... Respondent Through Mr. L. Badri Narayanan, Mr. Karan Sachdev & Ms. Saumya Dubey, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.The Principal Commissioner of Customs, Air Cargo Complex (Import) and the Union of India, through Ministry of Finance, have filed the present writ petition for setting aside and quashing the Order No.AAR/CUS/01/2015 dated 15th May, 2015 passed by the Authority for Advance Rulings (the AAR, for short).2. The impugned order holds that Kindle e-reading devices imported by M/s Amazon Seller Services Private Limited, the respondent before us and the applicant before the AAR, being "electrical machines with translation or dictiona...


Aug 28 2018

Pawan Kohli vs.delhi Urban Shelter Improvement Board and Anr

Court: Delhi

Decided on: Aug-28-2018

$~63 IN THE HIGH COURT OF DELHI AT NEW DELHI * + W.P.(C) 8900/2018 & C.M. No.34230-31/2018 PAWAN KOHLI DELHI URBAN SHELTER IMPROVEMENT BOARD AND ANR versus Through: Mr. Tarun Sharma, Advocate. ........ Petitioner ......... RESPONDENTS Through: Mr. Parvinder Chauhan, Standing Counsel with Mr. Nitin Jain, Advocate for DUSIB. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2808.2018 VIBHU BAKHRU, J The petitioner has filed the present petition, inter alia, praying as 1. under:-"the respondents directing Issue appropriate Writ Under Article 226 R/W227OF The Constitution Of India for issuance of writ of certiorari, mandamus and any other appropriate writ against the impugned order dated 27.8.2014 passed by deputy director (properties) DUSIB and under the supervisory powers of the court call for the record of case No.61/2016-ca titled as Pawan Kohli Vs Delhi Urban Shelter Improvement Board decided by the Honble LG and to set aside the orders dated 15/11/2017 and 23/05/2018 passed by Hon'ble c...


Aug 28 2018

Sanjay Narang vs.union of India & Anr

Court: Delhi

Decided on: Aug-28-2018

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI ........ Petitioner Through: Mr Rohan Thawani, Mr Anand Daga, Advocates. + W.P.(C) 1067/2017 SANJAY NARANG UNION OF INDIA & ANR versus ........ RESPONDENTS Through: Mr Gaurang Kanth, CGSC with Mr Pawan Kumar, Liasoning Officer, DGDE. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2808.2018 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, praying that an order be issued directing the respondents to include Landour Cantonment, Mussoorie, Uttarakhand in Annexure-A to Guildelines for issue of no Objection Certificate (NOC) for building constructions dated 21.10.2016 (hereafter the Circular).2. The petitioner claims to be an owner of a property known as Dahlia Bank, Survey No.157, Landour Cantonment, Mussoorie, Uttarakhand (hereafter the property), which is situated in the vicinity of Institute of Technology Management (hereafter ITM). The said institute was established in the year 1962 and is operated by the Defence ...


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