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Delhi Court August 2018 Judgments

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Aug 28 2018

Shri Ashwani Kumar Mehra vs.canara Bank

Court: Delhi

Decided on: Aug-28-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.128/2018 + % SHRI ASHWANI KUMAR MEHRA28h August, 2018 ..... Appellant Through: Mr. N.P. Singh, Advocate (M. CANARA BANK No.9891110678). versus Through: Mr. Pradeep Dewan, Senior ..... Respondent Advocate with Ms. Anupama Dhingra, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the Trial Court dated 23.9.2017 by which trial court has dismissed the suit for mesne profits with respect to suit property bearing no.G-25, NDSE-Part-I, New Delhi. RFA No.128/2018 Page 1 of 10 2. It may be noted that the subject suit, which was for possession and mesne profits, was filed on the Original Side of this Court, and during the pendency of the suit before the original side, a learned Single Judge of this Court passed a decree for posse...


Aug 28 2018

Ratan Singh vs.govt of Nct of Delhi and Ors

Court: Delhi

Decided on: Aug-28-2018

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 5169/2016 Date of Judgment:28. h August, 2018 RATAN SINGH ........ Petitioner Through: Mr Sunil K. Goel, Adv versus GOVT OF NCT OF DELHI AND ORS ........ RESPONDENTS Through: Mr Rajneesh Sharma, Adv for LAC Ms Rukhmini Bobde, Adv for DDA 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 petitioner seeking a declaration that the acquisition proceedings with respect to 1/21st share of the land of the petitioner admeasuring 7 biswas comprised in Khasra No.255/2(5-16) and 27min (0-14) situated in the revenue estate of Village Ghonda Gujran Khadar, Shahdara, Delhi (hereinafter referred as the 'subject land') are deemed to have lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter W.P.(C) 5169/2016 Pa...


Aug 28 2018

Sbi General Insurance Co Ltd vs.divya Rani & 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

Vivek @ Vicky & Anr vs.state (Nct) of Delhi

Court: Delhi

Decided on: Aug-28-2018

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A.697/2018 & CRL.M.B.1055/2018 VIVEK @ VICKY & ANR .....Appellants Through: Mr. B.S. Chowdhary with Ms. Sneh Lata Rana, Advocates. versus STATE (NCT) OF DELHI .....Respondent Through: Mr. Hirein Sharma, APP for the State. CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL Dr. S. Muralidhar, J.: JUDGMENT2808.2018 1. This appeal by Vivek @ Vicky (A-1) and Vinod (A-2) is directed against a judgment dated 5th April 2018 passed by the learned Additional Sessions Judge (ASJ), Dwarka Courts, New Delhi in SC No.440289/2016 arising from FIR No.168/2011 registered at PS Dwarka Sector-23 whereby A-1 and A-2 were both convicted for the offence punishable under Section 3IPC. A-1 was additionally convicted for the offence punishable under Section 27 Arms Act.2. The appeal is also directed against the order on sentence dated 12th April 2018 whereby, for the offence punishable under Section 3IPC, each of the Appellants was sentenced to imprisonment for...


Aug 28 2018

Sharda vs.kusum Gupta

Court: Delhi

Decided on: Aug-28-2018

Date of decision:28. h August, 2018 IN THE HIGH COURT OF DELHI AT NEW DELHI RSA1962017 & CM No.27311/2017 (for stay) * % + CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW KUSUM GUPTA Versus SHARDA Through: Mr. Yog Verdhan, Adv. ..... Appellant Through: Mr. Shamindra Kadian, Adv. ..... Respondent 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 27th March, 2017 in RCA No.4/2017 of the Court of Additional District Judge (South-West)]. of dismissal of First Appeal under Section 96 of the CPC filed by the appellant against the judgment and decree [dated 26th December, 2016 in Civil Suit No.425372/2016 of the Court of Senior Civil Judge (South-West)]. allowing the suit of the respondent/plaintiff against the appellant/defendant for recovery of possession of immoveable property and for recovery of rent and mesne profits.2. The appeal came up first before this Court on 1st August, 2017, when notice thereof was orde...


Aug 28 2018

Ashiana Housing Ltd vs.skg Group & Ors

Court: Delhi

Decided on: Aug-28-2018

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h August, 2018 + CS (COMM) 356/2018 ASHIANA HOUSING LTD ..... Plaintiff Through Mr. Tanmay Mehta with Mr. Asit Tewari, Advcoates versus SKG GROUP & ORS ..... Defendants Through Mr. Gaurav Miglani, Mr. M K Miglani, Advocates. (Mob. 9899310299) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) The dispute in the present case, relates to the trade mark ASHIANA.1.2. The claim of the Plaintiff is that it adopted the mark ASHIANA in 1986 in respect of housing and real estate services. Various companies were incorporated by the Plaintiff with the mark ASHIANA, such as ASHIANA Housing Ltd., ASHIANA Homes Pvt. Ltd. The Plaintiff, also started various projects with the ASHIANA name including, Ashiana Tree House Residences, Ashiana Aangan, Ashiana Gardens, Ashiana Town, Ashiana Green Hills, Ashiana Bageecha, Ashianas Gulmohar Park, Ashiana Navrang, Ashianas Gulmohar Gardens, Ashianas Rangoli Gardens, Ashianas Vrinda Ga...


Aug 28 2018

Raman Jha vs.state Govt. Of Nct of Delhi

Court: Delhi

Decided on: Aug-28-2018

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 08.2018 BAIL APPLN. 1472/2018 versus RAMAN JHA Advocates who appeared in this case: For the... Petitioner : For the Respondent : STATE GOVT. OF NCT OF DELHI ........ Petitioner ..... Respondent Mr.Manish Kaushik, Adv. Mr.Panna Lal Sharma, Addl. PP for the State with SI Sonu Siwach, P.S.Sarai Rohilla. Ms.Manika Tripathy Pandey, Adv. for complainant. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2808.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks anticipatory bail in FIR No.189/2018 under Sections 376/376D/5IPC, Police Station Sarai Rohilla.2. The allegations made by the complainant are that her husband who was staying with her used to bring his friends and in his presence would permit them to make physical relations with her against her wish.3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that as per his instructions the husband of the compla...


Aug 28 2018

Sunil Kumar vs.state & Ors

Court: Delhi

Decided on: Aug-28-2018

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 3622/2018 Judgment delivered on:28. 08.2018 SUNIL KUMAR versus STATE & ORS ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : For the... RESPONDENTS: Mr. Sameer Bhatnagar with Ms. Charuvi Sharma, Advocates Mr. Sanjeev Sabharwal, APP for the State. SI Vivek, PS Nabi Karim. Complainant in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2808.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A. 28314/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3622/2018 1.... Petitioner seeks quashing of FIR No.137/2017 under Sections 323/341/4IPC (subsequently, Section 325 IPC has been added), Police Station Nabi Karim.2. The subject FIR was registered consequent to a dispute between the parties with regard to parking of a vehicle. The allegation was that the CRL.M.C. 3622/2018 Page 1 of 2 petitioner had incorrectly parked the vehicle and when the complainant obj...


Aug 28 2018

Hargovind Sharma vs.n.c.jindal Public School and Ors

Court: Delhi

Decided on: Aug-28-2018

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:28. h August, 2018 + W.P.(C) 7427/2011 1. HARGOVIND SHARMA ........ Petitioner Through: Mr. Ravi Dev Sharma, Adv. versus N.C.JINDAL PUBLIC SCHOOL AND ORS ........ RESPONDENTS Through: Mr. Saurabh Chauhan and Mr.Varun Jain, Advs. for R-1 and 2 Ms. Latika Choudhary, Adv. for R-3 and 4 CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) The petitioner was employed by the Respondent No.1- School (hereinafter referred to as the School) in 1973, as Laboratory Assistant, and confirmed in 1975.2. On 9th August, 1989, the Assured Career Progression Scheme (hereinafter referred to as ACP Scheme) was introduced by the Government, whereunder, employees, who were stagnating without promotion, were allowed two financial upgradations within 24 years of their appointment, the first to be given at the end of the 12 years and second after 24 years.3. Vide order dated 2nd June, 2006, the said Scheme was extended, first, to employees ...


Aug 28 2018

National Insurance Co Ltd. Vs.prem Lata & Ors.

Court: Delhi

Decided on: Aug-28-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of decision: August 28, 2018 NATIONAL INSURANCE CO LTD. + MAC.APP. 869/2015 & C.M. 27364/2015 PREM LATA & ORS. Versus Through: Mr. Pradeep Gaur, Advocate ..... Appellant ........ RESPONDENTS Through: Mr. Gurmit Singh Hans & Ms. Aarti Manchanda, Advocates NATIONAL INSURANCE CO LTD. + MAC.APP. 870/2015 & C.M. 27054/2015 BABLI & ORS. Versus Through: Mr. Pradeep Gaur, Advocate ..... Appellant Through: Mr. Gurmit Singh Hans & ........ RESPONDENTS Ms. Aarti Manchanda, Advocates NATIONAL INSURANCE CO LTD. + MAC.APP. 873/2015 & C.M. 27063/2015 LALITA & ORS. Versus Through: Mr. Pradeep Gaur, Advocate ..... Appellant ........ RESPONDENTS Through: Mr. Gurmit Singh Hans & Ms. Aarti Manchanda, Advocates Page 1 of 8 MAC.APP. 869/2015 MAC.APP. 870/2015 MAC.APP. 873/2015 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 25th July, 2015 rendered by Motor Accident 1. Claims Tribunal (henceforth referred to as the Tribunal) grants compe...


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