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Delhi Court August 2018 Judgments

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Aug 02 2018

Palkeet Singh & Ors vs.state Govt of Nct of Delhi & Anr

Court: Delhi

Decided on: Aug-02-2018

$~28 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"2nd August, 2018 + CRL.M.C. 2101/2018 & CRL.M.A. 9651/2018 PALKEET SINGH & ORS ........ Petitioners Through: Mr. Amod Sharma, Adv. versus STATE GOVT OF NCT OF DELHI & ANR........ RESPONDENTS Through: Ms. Meenakshi Dahiya, APP for the State. Mr. Vinay Kumar Bhasin & Mr. Rajan Kumar, Advs. for R- 2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent got married to the first petitioner on 09.01.2016. On 03.07.2017, she lodged first information report (FIR) No.230/2017 with police station Moti Nagar alleging offences punishable under Sections 498A/4of Indian Penal Code, 1860 (IPC) against her husband (first petitioner); Gurneet Singh, brother of the husband (second petitioner); Nirmal Kaur, mother of the first petitioner (third petitioner); Parminder Kaur, Aunt of the first petitioner (fourth petitioner) and Bhagwant Singh, cousin brother of the first petitioner (fifth petitioner). The case...


Aug 02 2018

Sai Kripa Engineering Works & Ors. Vs.narender Kumar Shah

Court: Delhi

Decided on: Aug-02-2018

$~37 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on: August 02, 2018 FAO(OS) 291/2017 AND CM APPL. 41009/2017 SAI KRIPA ENGINEERING WORKS & ORS. NARENDER KUMAR SHAH Through: Mr. Siddharth Dutta and versus Through: Mr. Roshan Santhalia, Adv. .... Appellants Mr.Kumar Dushyant Singh, Advs. ..... Respondent CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA JUDGMENT A. K. CHAWLA, J1 The appellants challenge the order dated 10.10.2017 passed by the learned Single Judge, which rejected two applications filed by the appellants, one under Section 151 CPC -seeking condonation of delay in filing an application under Order IX Rule 13 CPC (in short the condonation application) and the other under Order IX Rule 13 CPC seeking setting aside of ex-parte decree dated July 9, 2014 passed in favour of the respondent in CS(OS) 431/2010 in short 'the setting aside application'.2. The relevant facts are that the respondent filed a suit for recovery against th...


Aug 02 2018

Priya & Ors. Vs.state ( Govt. Of Nct of Delhi) & Anr.

Court: Delhi

Decided on: Aug-02-2018

$~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 3857/2018 Judgment delivered on:02.08.2018 PRIYA & ORS ........ Petitioners STATE ( GOVT OF NCT OF DELHI) & ANR versus ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner(s) : For the Respondent(s): Mr.Girik Tolani, Adv Mr. Raghuvender Verma, Addl. PP for the State with SI Pooja, P.S.Ranjit Nagar. Ms.Mumtaz, Adv. for R-2. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0208.2018 SANJEEV SACHDEVA, J.(ORAL) CM Appl.29135/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3857/2018 1.... Petitioners seek quashing of FIR No.336/2016 under Sections 323/341/506 IPC at Police Station Ranjit Nagar.2. The parties are related to each other. Subject FIR was registered consequent to a quarrel that took place between the parties over family properties.3. Learned counsels for the parties submit that the parties have settled their disputes with the intervention of other members of th...


Aug 02 2018

Rajesh vs.kishan Bahadoor & Ors

Court: Delhi

Decided on: Aug-02-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of Decision: August 02, 2018 + MAC.APP. 88/2013 & CMs 1552-+ MAC.APP. 89/2013 & CMs 1555-+ MAC.APP. 90/2013 & CMs 1566-+ MAC.APP. 91/2013 & CMs 1569-POONAM RAJESH SANDEEP RAJESH & ANR. ..... Appellants Through: Mr. A.K. Mishra, Advocate 1. versus KISHAN BAHADOOR & ORS .....Respondents Through: Mr. Pankaj Seth, Advocate for CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Insurer JUDGMENT (ORAL) Impugned Award of 3rd November, 2010 passed by the Motor Accident Claims Tribunal, Dwarka Courts, New Delhi (hereinafter referred to as the Tribunal) grants compensation to appellants/ Claimants/Injured persons-Poonam, Rajesh and Sandeep on account of injuries sustained by them and to appellants-Rajesh and Anr., on account of death of a housewife-Shanti, aged 27 years on the day of the accident, in a vehicular accident, which took place on 27th March, 2004.2. In the above-captioned four appeals, enhancement of compensation is sought by appellants-Claimants/Inj...


Aug 02 2018

Daljit Singh & Anr vs.hari Steel & General Industries Ltd & Ors

Court: Delhi

Decided on: Aug-02-2018

$~11 *IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 268/2017 & CM Nos.36618-19/2017 % Reserved on :29. h May, 2018 Date of decision :2. d August, 2018 DALJIT SINGH & ANR ..... Appellants Through : Mr. A.S. Chandhiok, Sr. Adv. with Ms. Manmeet Arora, Mr. Rishabh Bansal, Ms. Samapika Biswal, Mr. Keshav Sehgal, Ms. Sweta Kakkad and Mr. Angad Baxi, Advs. versus HARI STEEL & GENERAL INDUSTRIES LTD & ORS ........ RESPONDENTS Through : Mr. C. Mukund, Mr. Manish Aggarwal, Ms. Runul Rastogi, Ms. Sudha Nim and Ms. Geetika Matta, Advs. for R-1 to 6. Mr. Ashish Dholakia, Mr. Rohan Chawla, Mr. D. Kishore Kumar and Mr. Gautam Bajaj, Advs. for R-7. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT GITA MITTAL, ACTING CHIEF JUSTICE1 The present appeal assails the order dated 24th July, 2017 passed by the ld. Single Judge dismissing I.A.No.1557/2007 (under Order XII FAO(OS)No.268/2017 Page 1 of 71 Rule 6 of the CPC), filed by the appellants herein (plaintiffs in th...


Aug 02 2018

Ansal Buildwell Ltd vs.rakesh Bedi

Court: Delhi

Decided on: Aug-02-2018

$~8 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :02. d August, 2018 + CRL.M.C. 3788/2015 and Crl. M.A. 13429/2015 ANSAL BUILDWELL LTD ........ Petitioner Through: Mr. Vijay Aggarwal and Mr. Shailesh Pandey, Advocates versus RAKESH BEDI ..... Respondent Through: Mr. Azhar Qayam, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The criminal complaint case (CC no.1146/1) from which the present proceeding arise was initiated by the respondent (complainant) on 19.07.2002 alleging offences punishable under Section 138 of the Negotiable Instruments Act, 1881 having been committed, inter alia, by the petitioner. It continues to be hanging fire in the court of the Metropolitan Magistrate till date. At the stage of trial, objection was taken on behalf of the accused (petitioner) as to the affidavit of the complainant on which he was being called upon to cross-examine. The petitioner (accused) would refer to the affidavit that had been submitted in 2002 to point out that its c...


Aug 02 2018

Uoi and Ors. Vs.sh.s.p. Singh

Court: Delhi

Decided on: Aug-02-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on -27.07.2018. Date of Decision-02.08.2018. + W.P.(C) 7742/2018 & CM Nos.29657-58/2018 UOI AND ORS. Through Ms.Sangita Rai, Adv. ........ Petitioner versus SH.S.P. SINGH Through None. ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI JUDGMENT REKHA PALLI, J1 The present writ petition impugns the order dated 07.08.2014 passed in O.A. No.2870/2012, whereby the Tribunal has allowed the OA preferred by the respondent with a direction to the petitioners to convene a review DPC for the year 2007-2008 and re-consider the case of the respondent for promotion to the post of SAG ITS Group A by taking into account his upgraded ACRs for the years 2004-05 & 2005-06. The petitioners also impugned the order dated 11.07.2017 passed in R.A. No.154/2016, whereby their review application was dismissed. WP (C) No.7742/2018 Page 1 of 8 2. The brief facts of the case as noted by the Tribunal are that the respondent i...


Aug 02 2018

Ashok Kumar Kapoor vs.state of Gnct of Delhi

Court: Delhi

Decided on: Aug-02-2018

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:02. 08.2018 CRL.M.C.2360/2018 ASHOK KUMAR KAPOOR STATE OF GNCT OF DELHI versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Rajesh Kumar with Mr. Avinash Kumar, Advocates For the Respondent: Ms. Neelam Sharma, Addl. PP for the State with SI Anand Prakash, PS Tilak Nagar CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0208.2018 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner impugns order dated 01.03.2018 whereby the application of the petitioner seeking release of the vehicle on superdari was rejected.2. Subject FIR No.581/2017, Police Station Tilak Nagar has been registered under Sections 21/of Narcotics Drugs and Psychotropic Substances Act. Contentions in the FIR are that a raid was conducted by a raiding party. On secret information, a Maruti Swift Dzire was intercepted on pointing out of the secret informer. CRL.M.C. 2360/2018 Page 1 of 3 The accused wa...


Aug 02 2018

Dinesh Prasad & Anr. Vs.raj Pal & Ors (The New India Assurance Co Ltd, ...

Court: Delhi

Decided on: Aug-02-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI MAC.APP. 167/2018 Date of Decision: August 02, 2018 DINESH PRASAD & ANR. .....Appellants Through: Mr. Vijay Singh Ahlawat, Advocate Versus RAJ PAL & ORS (THE NEW INDIA ASSURANCE CO LTD, UNITED INDIA INSURANCE CO LTD ) .....Respondents Through: Mr. Sanjay Dewan, Advocate for respondent No.2 Mr. D.K. Sharma, Advocate for respondent No.3 Mr. Mirza Amir Baig, Advocate for Mr. Sarfaraz Khan, Advocate for respondents No.4 and 5 Mr. Amit Kumar Singh, Advocate for respondent No.6 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 7th October, 2017 grants compensation of `6,79,388/- with interest @ 9% p.a. to respondents-Claimants on account of death of a student-Chandan, aged 20 years, in a vehicular accident which took place on 5th January, 2015.2. The factual background of this case, as noticed in the impugned Award, is as under:-"Brief facts of the case giving rise to the claim Petition are that on 05.01.2015 the deceased a...


Aug 02 2018

Grandcure Healthcare Pvt Ltd vs.m/s Finex Healthcare Pvt Ltd and Anr

Court: Delhi

Decided on: Aug-02-2018

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2nd August, 2018 + CS(COMM) 999/2016 GRANDCURE HEALTHCARE PVT LTD ..... Plaintiff Through: Mr. Deepak Kumar Mahapatra, Advocate (M-9212406100). versus M/S FINEX HEALTHCARE PVT LTD AND ANR ..... Defendants Through: None. CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present suit for infringement of trademark has been filed by the Plaintiff in respect of the trademark BRAVIA for pharmaceutical preparations. The Plaintiff claims to be the registered proprietor of the trademark BRAVIA under Class 5 for pharmaceutical and medicinal preparations. The Plaintiff has launched various products and series of medicines bearing the trademark BRAVIA in various dosages and forms as mentioned in para 3(i) of the plaint. The certificate of registration for the mark BRAVIA in class 5, bearing no.1548232 has been placed on record and exhibited as Ex.PW-1/6. The Plaintiff has also placed on record the original cartons of ...


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