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Delhi Court October 2019 Judgments

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Oct 31 2019

Shahzad Ahmad & 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) 3059/2019 and CRL.M.A. 38304/2019 (stay) SHAHZAD AHMAD & ORS. ........ Petitioners STATE & ANR. Through Mr. Sunil Ahlawat, Advocate versus ........ RESPONDENTS Through Mr. R.S. Kundu, ASC with Ms. Shrestha Bhanti and Mr. Shivam Saharan, Advocates for R-1/State with ASI Ramesh Chand, P.S.: Badarpur Mr. Rohms Davin Ahawat, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT BRIJESH SETHI, J (oral) 1. Quashing of FIR No.477/2018, under Sections 498-A/4IPC, registered at police station Badar Pur (South-East), 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 she has settled the dispute with the petitioners without any undue influence, coercion or pressure from any source whatsoever.2. Notice. W.P.(Crl.) 3059/2019 Page 1 of 2 3. Mr. R.S. Kundu, learned ASC accepts notice and submits th...


Oct 31 2019

Mudit Mohan Mittal vs.rajesh Mohan Mittal

Court: Delhi

Decided on: Oct-31-2019

$~O-34 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31. t October, 2019 + O.M.P. (COMM) 242/2016 MUDIT MOHAN MITTAL ........ Petitioner Through: Mr. S.C. Singhal, Advocate. versus RAJESH MOHAN MITTAL ..... Respondent Through: Mr. Gurpreet Singh Sethi, Advocate. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The petitioner has challenged the award dated 25th January, 2016 1. passed by the learned arbitrator.2. The petitioner and the respondent are real brothers and they constituted a partnership firm in the name of M/s Max Can Weld Solution for manufacture and sale of copper wires w.e.f. 11th November, 2005. The terms and conditions of the partnership firm were reduced into writing in a partnership deed dated 17th February, 2006. The aforesaid firm took on rent a factory premises bearing No.S-16, Badli, Industrial Area, Phase-1, Delhi- 110042 along with shed and basement on monthly rent of Rs.5,000/- from their father, H.K. Mittal.3. Disputes arose between the par...


Oct 31 2019

Lalit Kumar vs.state

Court: Delhi

Decided on: Oct-31-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: October 31, 2019 BAIL APPLN. 2267/2019 LALIT KUMAR ........ Petitioner Through Mr. B.S. Chowdhary and Ms. Sneh Lata Rana, Advocates versus STATE ..... Respondent Through Ms. Neelam Sharam, APP for the State CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT BRIJESH SETHI, J (oral) 1. Vide this order I shall dispose of an application for grant of interim bail to the petitioner Lalit Kumar. Learned Counsel for the petitioner has prayed for interim bail for a period of one month for admitting his 5 year old daughter in a school, since there is no male member in the family except father of petitioner who is suffering from various diseases and is not in a position to move easily.2. It is submitted that petitioner's father is illiterate, old and has no knowledge regarding admission of petitioners daughter in a school. Bail Appl. 2267/2019 Page 1 of 3 Learned counsel for the petitioner, therefore, prays that the petitioner be releas...


Oct 31 2019

Reckitt Benckiser (India) P. Ltd. Vs.surekhaben L Jain & Ors.

Court: Delhi

Decided on: Oct-31-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: October 31, 2019 CS (COMM) 122/2019 RECKITT BENCKISER (INDIA) P. LTD. ..... Plaintiff Represented by: Mr.Abhishek Kotnala, Adv. Versus SUREKHABEN L JAIN & ORS. ..... Defendant Represented by: Ms.Srishti Khurana, Adv. with Mr.Manish Kumar Choudhary, Mr.Bhaskar Mishra, Advs. for D1 and D2 CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) CS(COMM) 122/2019 1. By the present suit, the plaintiff inter alia seeks a permanent injunction against the defendant Nos. 1 and 2, its Directors, partners/proprietors, licensees, franchisee, distributors & dealers, from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in glass and household cleaning and lavatory care preparations under the impugned trade mark KOLEAN and KOLEAN and HI-CLEAN bottle and cap packaging/trade dress/colour scheme as may be a colourable imitation or substantial reproduction of the plaintiffs trade mark COLIN; CS (COMM) 122...


Oct 30 2019

Khalid Kamal Alvi vs.vijay Kumar Sachdev & Ors.

Court: Delhi

Decided on: Oct-30-2019

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:30. 10.2019 RC.REV. 59/2018 & CM APPL. 5974/2018 KHALID KAMAL ALVI versus VIJAY KUMAR SACHDEV & ORS ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner: Mr.Atul Nigam, Mr.Anubhav Tyagi and Mr.Randhir Kumar, Advocates with petitioner in person. For the Respondent: Mr. B.B.Gupta, Sr.Advocate with Mr.Pranav Gambhir, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 30.10.2017, whereby the eviction petition of the respondent has been allowed 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 second Floor (Barsati floor), G-12, Jangpura Extension, New Delhi -110014, more RC.REV.59/2018 Page 1 of 3 particularly as shown in red colour in ...


Oct 30 2019

Abdul Lateef Nomani vs.university of Delhi & Ors

Court: Delhi

Decided on: Oct-30-2019

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8526/2019 & CM APPL. 35219/2019 Date of decision:30. 10.2019 ABDUL LATEEF NOMANI ........ Petitioner Through: Mr. Manish K. Bishnoi with Mr. Haridya, and Mr. Umang Raj, Advocates. versus UNIVERSITY OF DELHI & ORS ........ RESPONDENTS Through: Mr. Mohinder J.S. Rupal with Mr. Kousik Ghosh, Advocates for respondent No.1. Mr. Rajesh Gogna, Advocate for respondent No.2 Mr. Fuzail Ahmadayyubi, Standing Counsel with Ms. Aditi Gupta, Advocate for respondent No.3 & 4. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL): Preface: The petitioner is aggrieved by the fact that he was denied admission by respondent No.2 i.e. the Hansraj College on account of the fact that Jamia Millia Islamia Board of School Education (in short JMIBSE) which governed the school i.e. Jamia Senior Secondary School (in short JSSS) from which he had passed his grade-XII examination was not affiliated to the Council of Boards of School Education in...


Oct 30 2019

National Insurance Co. Ltd. Vs.ram Kumar Goyal & Ors.

Court: Delhi

Decided on: Oct-30-2019

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on:30. 10.2019 + MAC.APP. 1066/2013 & CM APPL. 12660/2014 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate. ........ RESPONDENTS versus RAM KUMAR GOYAL & ORS CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) 1. Through: The award of compensation dated 21.09.2013 passed by the learned MACT in Suit No.12/2012 is impugned on the ground that: i) deduction towards personal expenses has been considered as 1/3rd whereas it should have been 50%, while computing loss of dependency of the deceased bachelor and ii) loss of future prospects @ 50% has been granted instead of 40% in terms of the dicta of the Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi & Ors., (2017) 16 SCC680 The deceased was less than 40 years of age, therefore, for a presumed self-employed person, 40% should be awarded towards loss of future prospects. It is so granted.2. The Supreme Court in terms of the dicta of P...


Oct 30 2019

Anil Goyal & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Oct-30-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: October 30, 2019 ANIL GOYAL & ORS. + W.P.(CRL) 264/2019 & CRL.M.A. 1809/2019 STATE & ANR. versus Through: Ms.Chandrani Prasad and Mr.Anuj Jain, Advocates ........ Petitioners ........ RESPONDENTS Through: Mr.Amanpreet Singh, Advocate for Mr.Rahul Mehra, Standing Counsel for State with W/SI Usha Rani, Binda Pur Mr.Diwakar Bhardwaj, Advocate for respondent No.2 in person CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT BRIJESH SETHI, J (oral) 1. Quashing of FIR No.0368/2018, under Sections 498A/34 IPC, registered at police station Binda Pur, 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 she has settled the dispute with the petitioners without any undue influence, coercion or pressure from any source whatsoever.2. Notice.3. Mr.Amanpreet Singh, learned counsel for the respondent/State W.P.(CRL) 264/2019 Page 1 of 2 accepts...


Oct 30 2019

Suparn Pandey vs.gayatri Dahiya

Court: Delhi

Decided on: Oct-30-2019

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 554/2019 SUPARN PANDEY ..... Plaintiff Through: Mr. Anchit Sharma & versus Ms. Anukriti Pareek, Advs. ..... Defendant Through: none. GAYATRI DAHIYA CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER3010.2019 IA No.15033/2019(exemption) 1.2. Allowed, subject to just exceptions. Application stands disposed of. CS(OS) 554/2019 & IA No.15032/2019(u/O.XXXIX R-1&2 CPC) 3. The plaintiff has instituted this suit for (i) recovery of damages for defamation; (ii) restraining the defendant from further defaming the plaintiff; and, (iii) taking down of the allegedly defamatory content.4. The allegedly defamatory allegations are with respect to the complaint made by the defendant against the plaintiff of sexual harassment at work place and the legal proceedings emanating therefrom. It is the case of the plaintiff that the defendant has been leaking to the media, particularly the electronic media her version of the complaint and the legal pro...


Oct 30 2019

Kaverdeep Singh Khera vs.state & Anr.

Court: Delhi

Decided on: Oct-30-2019

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. 10.2019 + CRL.M.C. 2846/2019 & Crl.M.A. 11510/2019 KAVERDEEP SINGH KHERA ........ Petitioner Through Mr.Varun Singh, Adv. versus STATE & ANR. Through Mr. Izhar Ahmad, APP for State. SI Avinash Pratap PS Chankya Puri. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) 1. Vide the present petition, the petitioner seeks quashing of FIR No.112/2016 registered at Police Station Chankya Puri, Delhi for the offences punishable under Section Arms Act, 1959 and all proceedings emanating therefrom.2. The present petition is filed under Section 482 Cr.P.C. by stating that a complaint was received at Police Station Chankya Puri, New Delhi from Mr.Mahesh Yadav, Sec. Coordinator at US Embassy, who while performing duty at US Embassy Visa Gate No.6 at around 08:30 a.m., during the CRL.M.C.2846/2019 Page 1 of 4 physical scanning/checking, one live cartridge of 3.7 cm long and 1.5 cm width KF.32S & W.L at...


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