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Delhi Court October 2019 Judgments

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Oct 31 2019

Harish Batra and Anr vs.govt of Nct of Delhi and Ors

Court: Delhi

Decided on: Oct-31-2019

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31. t October, 2019 + W.P.(C) 4020/2016 HARISH BATRA AND ANR ........ Petitioners Through: Mr. N.S. Dalal & Mr. Manu Kharra, Advs. versus GOVT OF NCT OF DELHI AND ORS ........ RESPONDENTS Through: Mr. Gautam Narayan (ASC) for GNCTD with Ms.Shivani Vij, Adv. for R-1. Mr. Satvik Varma, Mr. Tanveer Oberoi & Mr.Akshat Malpani, Advs. for R-2 & R-3. Ms. Monika Arora, Mr. Kushal Kumar and Mr.Harsh Ahuja, Advs. for R-4/Nr.DMC. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT D.N. PATEL, Chief Justice (Oral) CM APPL.18091/2018 This application has been preferred by the counsel for respondent Nos.2 and 3 for condonation of delay of 76 days in filing status report. Having heard the counsel for the respondent Nos.2 and 3 and looking into the reasons stated in the application, there are reasonable grounds for condonation of delay. We hereby condone the delay of 76 days in filing status report. The status repo...


Oct 31 2019

Zakir Hussain vs.ghanshyam & Ors (The Oriental Insurance Co Ltd)

Court: Delhi

Decided on: Oct-31-2019

$~1 * % + MAC.APP. 915/2018 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. 10.2019 ZAKIR HUSSAIN ..... Appellant Through: Mr. Siddhant Gautam, Advocate. versus GHANSHYAM & ORS (THE ORIENTAL INSURANCE CO LTD) ........ RESPONDENTS Through: Mr. Ravi Sabharwal, Advocate for R CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) CM APPL. 43029/2019 (by appellant for early hearing) 1.2. 3.4. This application seeks early hearing of the appeal. For the reasons mentioned in the application, it is allowed. The next date of hearing i.e. 21.11.2019 stands cancelled. The application stands disposed-off. MAC.APP. 915/2018 5.6. At joint request, the appeal is taken up for disposal. This appeal impugns the award of compensation dated 07.08.2018 passed by the learned MACT in Petition No.755on the ground that the minimum wages applicable to a skilled workman has erroneously been taken as Rs. 3539/- instead of Rs. 3589.90/- as notified in the Delhi Gazette dated 31.08.2005. The said con...


Oct 31 2019

Union of India and Ors. Vs.pradeep Mathur and Ors.

Court: Delhi

Decided on: Oct-31-2019

$~13, 14 and 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:15th October, 2019 Pronounced on:31st October, 2019 W.P.(C) 4115/2014 UNION OF INDIA AND ANR. ..... Appellant Through: Mr. Jasmeet Singh, CGSC with Mr. Srivats Kaushal, Advocates. versus ASSOCIATION OF THE EMPLOYEES OF INDIAN INSTITUTE OF MASS COMMUNICATION (REGD.) AND ORS. ........ RESPONDENTS Through: Mr. Jayant K. Mehta and Mr. Shaurya Kuthiala, Advocates. W.P.(C) 359/2017 AND C.M. APPL. 10453/2019 (delay) UNION OF INDIA AND ORS. ..... Appellant Through: Mr. Ruchir Mishra and Mr. Mukesh Kumar Tiwari, Advocates. versus PRADEEP MATHUR AND ORS. ........ RESPONDENTS Through: Mr. Naresh Kaushik, Advocate. + + + W.P.(C) 4599/2019 and C.M. APPL. 20458/2019 ISHWER SINGH ..... Appellant UNION OF INDIA AND ANR. Through: Mr. Vishwendra Verma, Advocate. versus ........ RESPONDENTS Through: Mr. Ajay Digpaul and Ms. Arti Bansal, Advocates. CORAM: JUSTICE S. MURALIDHAR JUSTICE TALWANT SINGH W.P.(C) 4115/2014 and connected matter...


Oct 31 2019

Commissioner of Central Excise and Service Tax Ltu, Delhi vs.nangalama ...

Court: Delhi

Decided on: Oct-31-2019

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:24. h October, 2019 Pronounced on:31. t October, 2019 + CEAC192017 COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX LTU, DELHI ........ Petitioner Through: Mr. Amit Bansal, SSC with Mr. Aman Rewaria, Ms. Seema Dolo and Ms. Vipasha Mishra, Advs. versus NANGALAMAL SUGAR COMPLEX ..... Respondent Through: Ms. Charanya Lakshmi Kumaran and Mr. Kunal Kapoor, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT3110.2019 % C. HARI SHANKAR, J.1. This appeal, at the instance of the Revenue and preferred under Section 35H of the Central Excise Act, 1944 (hereinafter referred to as the Act) impugns Final Order, dated 24th November, 2016, passed by the Customs, Excise and Service Tax Appellate Tribunal (hereinafter referred to as the Tribunal) in Excise Appeals Nos. E/3753/2012 and E/3949/2012. CEAC192017 Page 1 of 49 Statutory Backdrop 2. Before proceeding to the facts of the case, it would be apposite to chart t...


Oct 31 2019

Asianet Star Communications Pvt Ltd. Vs.the Registrar of Trademarks & ...

Court: Delhi

Decided on: Oct-31-2019

$~14 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. t October, 2019 ASIANET STAR COMMUNICATIONS PVT LTD. ........ Petitioner W.P.(C) 11284/2019 Through: Mr. Saikrishna Rajagopal, Mr. Nitin Sharma, Mr. Sumant Narang, Mr. Abhiti Vacher & Mr. Vivek Ayyagari, Advocates (M-8017571175) THE REGISTRAR OF TRADEMARKS & ANR. ........ RESPONDENTS versus Through: Mr. Gaurang Kanth, CGSC with Ms. Shikha Dewan, Examiner of Trade Marks & Mr. Hemant Kumar, Legal Cell, Trade Mark Registry (M- 9999285585) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) CM APPL. 46494/2019 (for exemption) 1. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 11284/2019 & CM APPL. 46493/2019 2. Further to the last order wherein the Trade Marks Registry was called upon to explain the uploading of the O-3 notice as RG-3 notice, the Senior Examiner of Trade Marks Ms. Shikha Dewan and Mr. Hemant Kumar from the Legal Section of the Trade Marks Registry are present in Cou...


Oct 31 2019

sh.ram Charan Bansal vs.govt. Of Nct of Delhi & Anr.

Court: Delhi

Decided on: Oct-31-2019

$~A-1 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. 10.2019 + ARB.P. 488/2019 SH.RAM CHARAN BANSAL Through: Mr. Vivekanand, Advocate ........ Petitioner GOVT. OF NCT OF DELHI & ANR. versus ........ RESPONDENTS Through: Mr. Anupam Srivastava, ASC with Mr. Ankit Vashist, Advocates CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) 1. This is a petition filed on behalf of the petitioner under Section 11(6) of the Arbitration & Conciliation Act, 1996 (Act) seeking appointment of an independent Arbitrator for adjudication of the claims of the parties with respect to Letter of Acceptance dated 16.02.2018 for work of A/R & M/O to various roads under Division SWR-II, PWD during 2017-18 ( SH: Desilting of Storm water Drain by Super Sucker Machines of Sub Divn-23 (Najafgarh Bijwasan Road & Jhatikra Road).2. Mr. Anupam Srivastava, Additional Standing Counsel appearing for the respondents, on instructions from Mr. S.N. Meena, Chief Engineer, submits that the respondent...


Oct 31 2019

Odeon Builders Pvt. Ltd. Vs.nbcc (India) Limited Formerly Known as Nat ...

Court: Delhi

Decided on: Oct-31-2019

+ IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: October 31, 2019 CS(COMM) 1261/2018 & I.A. No.10178/2019 and O.A. No.81/2019 ODEON BUILDERS PVT. LTD. ..... Plaintiff Through: Mr. Karunesh Tandon and Mr. Mayur Singhal, Advs. versus NBCC (INDIA) LIMITED FORMERLY KNOWN AS NATIONAL BUILDINGS CONSTRUCTION CORPORATION LTD. Through: Ms. Shilpi Chowdhary and Mr. Jasdeep Singh Dhillon, Advs. ..... Defendant CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J I.A. No.10178/2019 (for delay) This application has been filed by the appellant / plaintiff seeking condonation of 22 days in re-filing the appeal being OA812019. For the reasons stated in the application delay of 22 days in re-filing the appeal is condoned. Application stands disposed of. CS (Comm.) 1261/2018 Page 1 of 14 O.A. No.81/2019 1. Vide this order I shall decide this appeal filed by the plaintiff challenging the order dated May 17, 2019 of the learned Joint Registrar in CS (COMM) 1261/2018, wher...


Oct 31 2019

Naresh @ Naresh Sahrawat & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Oct-31-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: October 31, 2019 + W.P.(CRL) 2933/2019 and CRL.M.A. 38304/2019 (stay) NARESH @ NARESH SAHRAWAT & ORS. ........ Petitioners STATE & ANR. Through Mr. Manu Padalia, Advocate versus ........ RESPONDENTS Through Ms. Shivani Sharma, Advocate for Ms. Richa Kapoor, ASC for the State with SI Sandeep, P.S.: Lahori Gate DCP Monika Bhardwaj, P.S.: Mourice Nagar ACP Civil Lines Ashok Tyani, SHO M/N Ramavtar Tyagi, SI Divesh, SI Dandeep and ASI Raj Kumar Respondent nos.2 in person CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT BRIJESH SETHI, J (oral) 1. Quashing of FIR No.0112/2017, under Sections 3IPC, registered at police station Maurice Nagar, Delhi is sought on the ground that the dispute between the parties stands amicably settled. Respondent no.2 is present in the court today and submits that he has settled the W.P.(Crl.) 2933/2019 Page 1 of 2 dispute with the petitioners without any undue influence, coercion or pressure from any s...


Oct 31 2019

Urmila Tanwar & Ors. Vs.d K Gupta

Court: Delhi

Decided on: Oct-31-2019

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31. t October, 2019 + CM (M) 1585/2018 & CM APPL. 53660/2018 URMILA TANWAR & ORS. ........ Petitioners Through: Mr. S. C. Singhal, Advocate. versus (M:9810061558) D K GUPTA ..... Respondent Through: Mr. Sumit Bansal and Mr. Prateek CORAM: JUSTICE PRATHIBA M. SINGH Kohli, Advocates. (M:9990589195) Prathiba M. Singh, J.(Oral) 1. The present petition has been filed by the... Petitioners/Defendants (hereinafter Defendants) challenging the order dated 10th December, 2018 by which the application filed by the... Petitioner under Order XVI Rule 1 CPC for placing on record the list of witnesses was dismissed by the Trial Court, on the ground that the same was not filed in time and was belated.2. The suit is one for specific performance in which the Respondent/Plaintiff (hereinafter Plaintiff) has already concluded his evidence. The Plaintiff has led the evidence of one handwriting expert. In an earlier round of litigation, the dis...


Oct 31 2019

Krishan Lal Gosain & Anr. Vs.mahender Kumar Gupta

Court: Delhi

Decided on: Oct-31-2019

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + RC.REV. 420/2019 Judgment delivered on:31. 10.2019 KRISHAN LAL GOSAIN & ANR versus MAHENDER KUMAR GUPTA ........ Petitioners ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr. S.P. Mehta, Advocate with petitioner in person. For the Respondent: Mr. Rohit Kumar, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners impugn order dated 31.01.2019, whereby the Leave to defend application of the petitioner has been dismissed by the Rent Controller and an eviction order passed.2. Respondent had filed the subject eviction petition seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 from one shop on the ground floor in property bearing No.C-3, Housing Cooperative Society, South Extension-I, more particularly as shown in red colour in the site plan attached to the eviction petition. Leave to...


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