Delhi Court August 2018 Judgments
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Sanjay Agarwal vs.union of India and Others
Court: Delhi
Decided on: Aug-27-2018
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:23. d August 2018 Decided on:27. h August 2018 + W.P. (CRL) 1971/2018 & Crl.M.A.12159/2018 SANJAY AGARWAL ........ Petitioner Through: Mr. Vikram Chaudhri, Sr. Advocate, with Mr. Raktim Gogoi, Mr. Harshit Sethi, Mr. Kartikeya Singh, Mr. R.P. Saini and Mr. Rishi Sehgal, Advocates. UNION OF INDIA AND OTHERS ....Respondents versus Through: Mr. Amit Mahajan, CGSC. Mr. Satish Agarwala, Sr. Standing Counsel for DRI. + W.P. (CRL) 1977/2018 & Crl.M.A.12179/2018 AJAY AGARWAL ........ Petitioner Through: Mr. Vikram Chaudhri, Sr. Advocate, with Mr. Raktim Gogoi, Mr. Harshit Sethi, Mr. Kartikeya Singh, Mr. R.P. Saini and Mr. Rishi Sehgal, Advocates. UNION OF INDIA AND OTHERS ....Respondents versus Through: Mr. Amit Mahajan, CGSC. Mr. Satish Agarwala, Sr. Standing Counsel for DRI. CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL W.P. (Crl) Nos. 1971/2018 & 1977/2018 Page 1 of 21 JUDGMENT Dr. S. Muralidhar, J.: Introduction 1. These are two wri...
A G Aerovision Electronics Pvt Ltd & Ors vs.tata Capital Financial Ser ...
Court: Delhi
Decided on: Aug-27-2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI + EFA(OS) (COMM) 7/2018 and CM APPL. 30358-59/2018 31.07.2018 Reserved on: Date of decision:27. 08.2018 IN THE MATTER OF: A G AEROVISION ELECTRONICS PVT LTD & ORS ..... Appellants Through: Mr. Sachin Datta, Senior Advocate with Ms. Akanksha Singh, Dr. Farrukh Khan and Mr. Piyush Chawla, Advocates TATA CAPITAL FINANCIAL SERVICES LTD versus ..... Respondent Through: Mr. Sanjeev Goyal, Advocate with Mr. Varun Bedi, Regional Legal Manager CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI HIMA KOHLI, J.1. Aggrieved by the orders dated 15.01.2018 and 22.05.2018 passed by the learned Single Judge in OMP (ENF.) (COMM.) 150/2016, the appellants have filed the present appeal under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (in short, Commercial Courts Act) read with Order XXI Rule 58 of the CPC read with Section 37 of the Arbitration and Conciliation Act, 1996 (i...
Vineet Kumar Garg & Ors. Vs.state & Anr.
Court: Delhi
Decided on: Aug-27-2018
$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 4294/2018 Judgment delivered on:27. 08.2018 ........ Petitioners ........ RESPONDENTS VINEET KUMAR GARG & ORS versus STATE & ANR Advocates who appeared in this case: For the... Petitioners : For the... RESPONDENTS: Mr. Rajesh Kumar and Mr. K.K. Mohan Dass, Advs. Mr. Kamal Kr. Ghai, Addl. PP for the State with SI Jaibir Singh Mr. Vikas Nagpal, Advocate for R-2 CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2708.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 30667/2018 (Exemption) & 30668/2018 (Exemption) Allowed, subject to all just exceptions. Crl. M.A. 30669/2018 (Exemption from personal appearance for petitioner No.2 to7) Exemption from personal appearance is sought on behalf of petitioner No.2 to 7. It is stated that petitioner No.2 & 3 being parents of petitioner No.1 are aged and ill and as such could not be present in Court. Further it is submitted that petitioner No.4 to 7 were named in the FIR, however, no chargesheet h...
Samadhan Swimming Club & Ors vs.union of India & Ors
Court: Delhi
Decided on: Aug-27-2018
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: August 16, 2018 Judgment delivered on: August 27, 2018 + LPA5252016 SAMADHAN SWIMMING CLUB & ORS ........ Petitioners Through: Mr. Ashutosh Lohia, Adv. with Mr. Armaan Grover, Adv. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Ripu Daman Bhardwaj, CGSC for R-1/UOI. Mr. Abhigya, Adv. for R-4 & 5 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 The present appeal has been filed by the appellants challenging the order of the learned Single Judge dated March 04, 2016 in W.P.(C) No.2777/2015. The appellants had filed the writ petition with the following reliefs:-"i) stay of the elections to the post of office bearers of the respondent no.3 Delhi Swimming Association (DSA) schedule to be held on 22nd March, 2015; LPA5252016 Page 1 of 21 ii) for setting aside of the fresh list of the electoral college dated 1st March, 2015 prepared by the Returning Officer (RO) appoin...
M/S. Top Shop vs.new Delhi Municipal Council
Court: Delhi
Decided on: Aug-27-2018
$~73 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. 08.2018 CM(M) 982/2018 & CM APPL. 34458-34460/2018 M/S. TOP SHOP ........ Petitioner Through Mr. Anurag Dubey, Mr. Suman Kumar Divakar, Advs. versus NEW DELHI MUNICIPAL COUNCIL ..... Respondent Through Mr. Vipul Ganda, Ms. Shreya Jain, Ms. Chandreyee Maitra, Mr. Mayank Garg, Advs. CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA % ORDER (ORAL) 27.08.2018 ANU MALHOTRA, J.C.M. APPL. 34460/2018 1. This C.M. APPL. 34460/2018 has been filed on behalf of the petitioner seeking condonation of 56 days delay in re-filing the present petition after removal of the objections.2. For the reasons explained in the application, the condonation of 56 days delay in re-filing the petition is condoned.3. The application is disposed of. CM APPL. 34459/2018 (exemption) CM(M) 982/2018 Page 1 of 15 4.5. Exemption allowed subject to all just exceptions. Application is disposed of. CM(M) 982/2018 & CM APPL. 34458/2018 6. Submissions have been made on ...
Marico Limited vs.mr. Mukesh Kumar & Ors.
Court: Delhi
Decided on: Aug-27-2018
$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 1569/2016 MARICO LIMITED ..... Plaintiff Through Mr.Chander M.Lall, Sr. Advocate with Ms.Shikha Sachdeva, Ms.Mugdha Palsule and Mr.Vivian Mathur, Advocates. versus MR. MUKESH KUMAR & ORS. ..... Defendants Through Mr. Rajat Aneja, Advocate with Mr. Jaspreet Singh Kapur, Advocate and Ms Chandrika Gupta Reserved on :23. d July, 2018 Date of Decision:27. h August, 2018 CORAM: HONBLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: I.A. No.14758/2016 1. The case at hand illustrates what is well known amongst the intellectual property rights fraternity, "The most successful form of copying is to employ enough points of similarity to confuse the public with enough points of difference to confuse the courts. Few would be stupid enough to make exact copies of anothers mark or symbol.[(See: Baker V. Master Printers Union of New Jersey, 47 USPQ69at 72 (D.N.J.1940)]. CS (COMM) 1569/2016 Page 1 of 38 2. It is pertinent to mention that the present ...
Kumari Seema vs.prem Prakash Dubey & Ors.
Court: Delhi
Decided on: Aug-27-2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 267/2013 KUMARI SEEMA Date of Decision: August 27, 2018 .....Appellant Through: Mr. Shrey Chathly, Advocate 1. versus PREM PRAKASH DUBEY & ORS. .....Respondents Through: Mr. J.P.N. Shahi, Advocate for respondent No.3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 16th January, 2013 grants compensation of 2,16,421/- with interest @ 7.5% p.a. to student- Kumari Seema, aged 15 years, on account of grievous injury suffered by her in a vehicular accident, which took place on 24th July, 2010. The facts, as noticed in the impugned Award, are as under:-"INJURED (Ms. Seema- aged about 14 years and a student of 9th standard-petitioner) through his father/natural guardian Mr. Rishi Pal claims compensation to tune of Rs. 5,00,000/- (five lacs only) with the averments that on 24.07.10 at about 03:30 p.m. petitioner along with her father was going from her residence to Vijay Nagar, Ghaziabad on motorcycle being driven by h...
Kamal Nayan vs.the State
Court: Delhi
Decided on: Aug-27-2018
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:27. 08.2018 BAIL APPLN. 1711/2018 KAMAL NAYAN versus THE STATE ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioners : Mr. Sidharth Kapoor with Mr. Virender Gupta, Advocates For the... RESPONDENTS: Mr. Panna Lal Sharma, APP for the State SI Dharmendra Pratap Singh, PS Samaipur Badli CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2708.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.1190/2016 Police Station Samaipur Badli initially registered under Sections 363 & Section 6 of POCSO Act and subsequently, charge-sheet has been filed under Sections 376/363/366 IPC. Learned counsel for the petitioner submits that petitioner has 2. BAIL APPLN. 1711/2018 Page 1 of 3 been falsely implicated as the prosecutrix had voluntarily gone with the petitioner to his village where they got married. He submits that the prosecutrix has appeared before the tria...
Dr. Mohd. Sabir Khan vs.south Delhi Municipal Corporation
Court: Delhi
Decided on: Aug-27-2018
#94 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:27. 08.2018 W.P.(C) 3282/2018 & CM Nos. 12901/2018 (direction) & 23262/2018 (for impleadment) DR. MOHD. SABIR KHAN ....... Petitioner versus SOUTH DELHI MUNICIPAL CORPORATION ... Respondent Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS : Ms. Seema Singh, Advocate : Mr. V. Madhukar and Mr. Jayendra Saveda, Advocates for respondent No.1. Ms. Bandana Grover and Ms. Harsheeta, Advocates. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J (ORAL) 1. The present petition under Article 226 of the Constitution of India, instituted on behalf of the petitioner prays as follows: to demolish the a) Directing the Respondent unauthorized and illegal construction over property No.C-50, Krishna Park, Devli Road, New Delhi, constructed upto 5 storey. W.P.(C)No.3282/2018 Page1of5 b) Any other relief which this Honble Court may deem fit and proper, may be granted in favour of the pe...
Ravi Kumar vs.state of Nct of Delhi & Anr.
Court: Delhi
Decided on: Aug-27-2018
$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:27. 08.2018 CRL.M.C. 4330/2018 RAVI KUMAR ........ Petitioner versus STATE OF NCT OF DELHI & ANR. ........ RESPONDENTS Mr. Gaurav Singh, Advocate with petitioner in person. Advocates who appeared in this case: For the... Petitioner : For the... RESPONDENTS: Ms. Neelam Sharma, APP for the State. ASI Aman, PS CWC/Nanak Pura. Ms. Preeti, Advocate for R-2 with R-2 in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2708.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.30781/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4330/2018 1. The petitioner seeks quashing of FIR No.100/2009 under Sections 498A/4IPC, Police Station Crime (Women) Cell, Nanakpura.2. The subject FIR emanates out of matrimonial discord.... Petitioner is the husband of respondent No.2. CRL.M.C. 4330/2018 Page 1 of 3 3. Learned counsel for the petitioner points out that by order dated 06.07.2012, the Trial Court had ta...