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Delhi Court August 2018 Judgments

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Aug 01 2018

Tv Today Network Limited vs.brys Advertising Private Limited & Anr.

Court: Delhi

Decided on: Aug-01-2018

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 970/2016 TV TODAY NETWORK LIMITED ..... Plaintiff Through Mr. S. Puri with Mr. Sajad Sultan, Advocates versus BRYS ADVERTISING PRIVATE LIMITED & ANR. Through ..... Defendants None Date of Decision:01. t August, 2018 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present suit has been filed under Order XXXVII CPC for recovery of Rs.1,00,32,358/- in terms of agreement dated 30th January, 2014 and Memorandum of Understanding dated 18th November, 2014 (for short MoU) in favour of the plaintiff and against defendant nos. 1 and 2 along with pendente lite and future interest @ 24% p.a. from the date of the last cheque No.001453 till realization of the said amount.2. From a perusal of the plaint it is apparent that the plaintiff has filed the present suit on the basis of MoU as well as dishonoured cheques. Further, the rate of interest at 24% p.a. has been stipulated in the agreement CS(COMM) 970/2016 Page 1 of 3 da...


Aug 01 2018

Iffco Tokio General Insurance Co. Ltd vs.azad Khan & Ors.

Court: Delhi

Decided on: Aug-01-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of Decision: August 01, 2018 + MAC. APP. 240/2013 IFFCO TOKIO GENERAL INS. CO. LTD. ..... Appellant Through: Mr. Abhiushek Kumar Gola, Advocate Versus + MAC. APP. 262/2013 MUNNA @ DAUD & ORS. Through: Nemo. .....Respondents 1. IFFCO TOKIO GENERAL INSURANCE CO. LTD...... Appellant Through: Mr. Abhiushek Kumar Gola, Advocate Versus AZAD KHAN & ORS. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Through: Nemo. JUDGMENT (ORAL) .....Respondents In a vehicular accident, which took place on 23rd March, 2010, Munna @ Daud, s/o Ramajan Ali and Azad Khan s/o Munshi Khan, were grievously injured and they had sought compensation on account of injuries suffered by them. Vide separate Awards of even date i.e. of 2nd January, 2013, the Motor Accident Claims Tribunal (henceforth referred MAC.APP. 240/2013 MAC.APP. 262/2013 Page 1 of 3 to as the Tribunal), granted compensation of `5,85,200/- with interest @7.5% to injured Munna @ Daud and compensation of `1,26,031/...


Aug 01 2018

Jagran Prakashan Ltd. Vs.dileep Kumar Dwivedi

Court: Delhi

Decided on: Aug-01-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~11 * + W.P.(C) 997/2018 with CM Nos.4180/2018 & 4182/2018 JAGRAN PRAKASHAN LTD. ........ Petitioner Through: Mr.Birendra Mishra & Ms.Poonam, Proxy Counsel versus DILEEP KUMAR DWIVEDI ..... Respondent Through: Mr.Satyabrata Panda, Mr.M.Paikaray & Mr.Tanveer Zaki, Advocates CORAM: HONBLE MS. JUSTICE PRATIBHA RANI ORDER0108.2018 The petitioner, Jagran Prakashan Limited has invoked the writ % 1. jurisdiction of this Court seeking quashing of the order dated 22nd December, 2017, passed by the Deputy Labour Commissioner under the Working Journalists & Other Newspaper Employees (Condition of Service and Miscellaneous Provisions) Act, 1955 [in short Working Journalists Act]. and consequent Recovery Certificate issued on 26th December, 2017, whereby recovery of `35,13,414/- has been ordered by the said Authority.2. The petitioner has sought quashing of the order impugned herein inter alia on the ground that in view of the decision of this Court in The A...


Aug 01 2018

Express Netweb Solutions Private Ltd vs.ivk Mobile pvt.ltd.

Court: Delhi

Decided on: Aug-01-2018

$-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t August, 2018 + O.M.P.(COMM.) 532/2016 EXPRESS NETWEB SOLUTIONS PRIVATE LTD. .....Petitioner Through Mr.Pawan Upadhyay, Mr.Rajesh Chhetri, Mr.Rajeev & Ms.Meenakshi Rawat, Advs versus IVK MOBILE PVT.LTD. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA None. Through ..... Respondent NAVIN CHAWLA, J.(Oral) 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the Arbitral Award dated 29.08.2014 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Lease Deed dated 11.08.2011.2. By way of the Lease Deed dated 11.08.2011 the petitioner had given on rent the Unit No.506 on the First Floor, Tower A of the OMP(COMM.)532/2016 Page 1 building, Millennium Plaza, Gurgoan to the respondent. The lease period agreed upon was for three years commencing from 19.08.2011. Clause 2.2 ...


Aug 01 2018

Aparna Sur vs.state

Court: Delhi

Decided on: Aug-01-2018

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:1. t August, 2018 + TEST CASE1132014 APARNA SUR Through: Mr. Bijendra Singh, Advocate. ........ Petitioner versus (M-9810393638) STATE CORAM: JUSTICE PRATHIBA M. SINGH Through: None. ..... Respondent Prathiba M. Singh, J.(Oral) 1. Present petition has been filed by Ms. Aparna Sur, who is the daughter of Late Smt. Indira Bose. She is the only surviving heir of Smt. Indira Bose. Letters of administration are being sought in respect of her mothers estate comprising of Flat No.J-3/37, First Floor, DDA Flats, Kalkaji, New Delhi-110019.2. Smt. Indira Bose passed away intestate on 25th November, 2011. Present petition came to be filed seeking grant of letters of administration. Notice was issued on 10th December, 2014 to the State and the Chief Revenue Controlling Officer. Citations were also directed to be published in the Statesman in English. Valuation report was received on 1st October, 2015.... Petitioner appeared as PW-1 and...


Aug 01 2018

Dart Industries Inc & Anr vs.polyset Plastics Pvt Ltd & Ors

Court: Delhi

Decided on: Aug-01-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:16. h July, 2018 Pronounced on:01. t August, 2018 + + CS(COMM) 630/2018 DART INDUSTRIES INC & ANR ..... Plaintiffs Through: Mr.Hemant Singh, Ms.Mamta R.Jha, Mr.Pranav Narain and Ms.Shrutttima Ehersa, Advs. versus POLYSET PLASTICS PVT LTD & ORS ..... Defendants Through: Mr.Sudhir Chandra, Sr. Adv. with Mr.Jatin Zaveri and Mr.Neelkamal Mishra, Advs. CS(COMM) 631/2018 DART INDUSTRIES INC & ANR ..... Plaintiffs Through: Mr.Hemant Singh, Ms.Mamta R.Jha, Mr.Pranav Narain and Ms.Shrutttima Ehersa, Advs. versus POLYSET PLASTICS PVT LTD & ORS ..... Defendants Through: Mr.Sudhir Chandra, Sr. Adv. with Mr.Jatin Zaveri and Mr.Neelkamal Mishra, Advs. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.IA No.14512/2014 and 10831/2015 in CS(COMM) 630/2018; IA No.14515/2014 and 10849/2015 in CS(COMM) 631/2018 CS(COMM) Nos.630-631/2018 Page 1 of 27 1. The plaintiff has filed this suit against the defendants for infringement of its designs...


Aug 01 2018

Deepak Kakkar vs.the State & Anr. ( Nct of Delhi)

Court: Delhi

Decided on: Aug-01-2018

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:01.08.2018 CRL.M.C. 3817/2018 DEEPAK KAKKAR THE STATE & ANR ( NCT OF DELHI) versus ........ Petitioner ..... Respondent Mr.Raghav Ranjan Srivastava, Adv Advocates who appeared in this case: For the... Petitioner(s) : For the Respondent(s): CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Ms. Neelam Sharma, Addl. PP for the State with ASI Bhupender Kumar, P.S.Swaroop Nagar. Mr.Pulkit Thareja, Adv. for R-2 to 4. JUDGMENT0108.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 29029/2018 (Exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3817/2018 1.... Petitioner seeks quashing of FIR No.455/2016 under Sectionsat Police Station Swaroop Nagar.2. Subject FIR was registered consequent to a fire that took place in the premises of the petitioner and spread to the complainants property, on the premise that he had failed to take sufficient safety measures to prevent the fire from spreading, which led to damage to th...


Aug 01 2018

The Orental Insurance Company Ltd. Vs.nidhi Sadh & Ors.

Court: Delhi

Decided on: Aug-01-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 01, 2018 + MAC.APP. 256/2013 + MAC.APP. 257/2013 1. THE ORENTAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. JPN Shahi, Advocate versus HITESH SADH & ORS. NIDHI SADH & ORS. .....Respondents Through: Mr. S.N. Parashar, Advocate for respondents-Claimants CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) The above-captioned two appeals arise out of common impugned Award of 12th December, 2012 vide which the Motor Accident Claims Tribunal-02, South District, Saket Courts, New Delhi (hereinafter referred to as the Tribunal) grants compensation of `6,15,000/- to Injured-Hitesh Sadh and `2,74,000/- to Injured-Nidhi Sadh, who were grievously injured in a vehicular accident which took place on 17th June, 2006. The Tribunal holds that appellant is the Insurer of offending vehicle in question and even though the driving licence of driver of insured vehicle was found to be fake, it chooses not to exonerate appellant- Insurer w...


Aug 01 2018

Veena Verma & Anr vs.parul Verma & Anr

Court: Delhi

Decided on: Aug-01-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t August, 2018. Through: Mr.J.K. Sharma, Mr.Ajit Singh, Versus Advs. ..... Appellants RSA4022014, CM No.21298/2014 (for stay) VEENA VERMA & ANR * % + CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 PARUL VERMA & ANR ........ RESPONDENTS Through: Ms.Alka Ahir, Adv. for R1 & R2 Ms.Sukhbeer Kaur Bajwa, Adv. for DDA This Second Appeal under Section 100 of the CPC impugns the judgment and decree [dated 2nd August, 2014 in RCA No.6/2013 of the Court of Additional District Judge-03, North West]. allowing the First Appeal under Section 96 of the CPC preferred by the two respondents against the judgment and decree [dated 26th October, 2013 in CS No.284/(Unique ID No.02401C0478552003) of the Court of Civil Judge-06, Central]. allowing the suit filed by the appellant no.1/plaintiff for: (i) declaration that the relinquishment deed dated 20th November, 1984 registered as document No.4076 at pages 106 and 107 in additional book No.1 was nul...


Aug 01 2018

Pradeep vs.management of M/S Tata Tea Limited

Court: Delhi

Decided on: Aug-01-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~18 * + W.P.(C) 6624/2016 PRADEEP ........ Petitioner Through: Mr.A.P.Dhamija & Mr.J.P.Singh, Advocates versus MANAGEMENT OF M/S TATA TEA LIMITED ..... Respondent Through: Mr.Bhaskar Tiwari, Mr.Anant Kumar & Mr.Ramakant Shukla, Advocates CORAM: HONBLE MS. JUSTICE PRATIBHA RANI ORDER0108.2018 By way of this writ petition, petitioner/claimant has prayed for % 1. setting aside the Award dated 6th June, 2015 passed by the Presiding Officer, Labour Court No.XVII, Karkardooma Courts, Delhi in ID No.68/10/99.2. The grievance of the petitioner is that despite there being sufficient material on record to prove that the petitioner was working as driver with the respondent/management, learned labour Court erred in returning a finding that the petitioner/claimant was a personal driver to Mr.M.Balakrishnan, an Advisor, Corporate Affairs with the management which is contrary to the documentary evidence adduced by the petitioner. W.P.(C) 6624/2016 Page 1 of 11...


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