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Delhi Court February 2019 Judgments

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Feb 01 2019

Anil Jain & Ors vs.gullus Bar-B-Que & Anr

Court: Delhi

Decided on: Feb-01-2019

14 $~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 894/2018 ANIL JAIN & ORS ..... Plaintiffs Through: Mr. Ankur Mahindro, Advocate with Mr. Jayant Mohan Varma, Advocate. versus GULLUS BAR-B-QUE & ANR Through: None. .....Defendants Date of Decision:01. t February, 2019 CORAM: HON'BLE MR. JUSTICE MANMOHAN MANMOHAN, J: (Oral) JUDGMENT1 Present suit has been filed for recovery by plaintiffs landlord-owner against defendants-tenant forRs.58,79,939/- (Rupees Fifty Eight Lakhs Seventy Nine Thousand Nine Hundred and Thirty Nine Only) along with pendente lite and future interest at 18% per annum on the following basis:-"Particulars Amount Rent form May, 2012 to August, 2013 @ 51,12,990/- Rs.3,40866/- p.m. Interest @12% p.a. till the date of filing of the suit. 7,66,949/- Total 58,79,939/- CS(COMM) 894/2018 Page 1 of 6 2. The prayer clause in the present suit is reproduced hereinbelow:-"a. Pass a decree for a sum of Rs.58,79,939/- and future interest in favour of the Plaintiffs and aga...


Feb 01 2019

Sachin Sharma & Ors. Vs.state (Govt of Nct of Delhi) & Anr.

Court: Delhi

Decided on: Feb-01-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 01, 2019 CRL.M.C. 543/2019 SACHIN SHARMA & ORS Through: Mr. Vipin Rathi, Advocate Versus .....Petitioners STATE (GOVT OF NCT OF DELHI) & ANR .....Respondents Through: Mr. M.P. Singh, Additional Public for State with ASI Prosecutor Satendra Singh, Mr. Advocate with Respondent No.2 in person Kumar Ashok CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Crl.M.A. 2295/2019 (Exemptions) Allowed, subject to all just exceptions. Crl.M.A. 2296/2019 (delay) There is delay of 35 days in re-filing the accompanying petition. For the reasons stated in the application, it is allowed and the delay is condoned. The application is disposed of. CRL.M.C. 543/2019 Quashing of FIR No.648/2014, under Sections 498-A/4of IPC & 4 of Dowry Prohibition Act, 1961 registered at police station Keshav Puram, Delhi is sought on the basis of Settlement of 15th January, 2018 reached between the parties. CRL. M.C. 543/2019 Page 1 of 4 Upon notice, lear...


Feb 01 2019

Whatman International Limited vs.p Mehta & Ors.

Court: Delhi

Decided on: Feb-01-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :25. h October, 2018 Date of decision :1st February, 2019 + CS (COMM) 351/2016 & I.A. 5235/2018 WHATMAN INTERNATIONAL LIMITED ..... Plaintiff Through: Mr. Pravin Anand, Ms. Geetanjali Visvanathan and Ms. Asavari Jain, Advocates. (M:9765097954) versus P MEHTA & ORS. ..... Defendants Through: Mr. R. Chandrachud and Mr. Chander Shekhar Patney, Advocates for D-1 to 7. (M:9899374055) Mr. Rajesh Sharma and Mr. Ashok Kumar Gupta, Advocates for D-8. (M:9811685250) with Mr. Ketan Ramniklal Sanghvi in person. CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 The Plaintiff Whatman International Limited, a company incorporated under the laws of U.K. has filed the present suit for permanent injunction restraining infringement of trademark, copyright, trade-dress, passing off, unfair competition, dilution, etc.2. The Plaintiff company, which was founded by James Whatman in 1740, is the owner of the mark WHATMAN. The Plaintiff wa...


Feb 01 2019

Sujan Mohinder Charitable Trust and Another vs.mohinder Kaur and Other ...

Court: Delhi

Decided on: Feb-01-2019

$~ * + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :7. h December, 2018 Date of decision :1. t February, 2019 CS (OS) 3121/2011 & I.A. 8178/2017 SUJAN MOHINDER CHARITABLE TRUST AND ANOTHER ..... Plaintiffs Through: Mr. Abhimanyu Bhandari, Mr. Tanmaya Mehta, Mr. Prashant Mehta, Ms. Nattasha Garg, Mr. Alok Tripathi, Mr. Harsh Kumar and Ms. Aashima Advocates. (M:9654998650) Singhal, versus MOHINDER KAUR AND OTHERS ..... Defendants Through: Mr. Sandeep Mittal and Mr. Sudarshan Rajan, Advocates for D-1, 2 & 4 to 8. (M:9810005698) AND CS(OS) 558/2014 MANINDER SINGH MAKER AND ORS ..... Plaintiffs Through: Mrs. Kajal Chandra, Mrs. Prerna Chopra and Mr. Viren Kapur, Advocates for P-1. (M:9810133536) Mr. Abhimanyu Bhandari, Mr. Tanmaya Mehta, Mr. Prashant Mehta, Ms. Nattasha Garg, Mr. Alok Tripathi, Mr. Harsh Kumar and Ms. Aashima Singhal, Advocates. versus AJIT SINGH MAKER AND ORS ..... Defendants Through: Mr. Sandeep Mittal and Mr. Sudarshan Ranjan, Advocates for D- 1, 2 & 4 to 8. (M...


Feb 01 2019

Earthcon Constructions Pvt. Ltd. Vs.mahamaya Infrabuild Pvt. Ltd.

Court: Delhi

Decided on: Feb-01-2019

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 51/2019 EARTHCON CONSTRUCTIONS PVT. LTD. Decided on:01. 02.2019 ........ Petitioner Through: Mr. Sachin Datta, Sr. Adv with Dr.Farrukh Khan, Mr. Amique Khalid and Ms. Affifa Atiq, Advs. versus MAHAMAYA INFRABUILD PVT. LTD. ..... Respondent Through: Mr. Sandeep Aggarwal, Sr. Adv with Mr. Rajesh Pathak, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) I.A. No.1587/2019 1 Allowed, subject to just exceptions. O.M.P. (COMM) 51/2019, I.A. No.1585/2019, I.A. No.1586/2019 & I.A. No.1588/2019 2 This is a petition preferred under Section 34 of the Arbitration and Conciliation Act, 1996 (in short 1996 Act) to assail a consent Award dated 30.03.2015 and the order dated 17.05.2018, whereby, arbitration proceedings were ultimately terminated, albeit, once again with the consent of senior counsel for parties. 3 I.A. No.1585/2019 has been filed to stay the operation of the impugned award and order. I.A. No.1586/2019 ...


Feb 01 2019

Sharmishtha Sanyal & Anr vs.sujit Sen & Ors

Court: Delhi

Decided on: Feb-01-2019

$~4 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA(OS) 49/2018 & CM APPL283772018 Date of Judgment:01. 02.2019 SHARMISHTHA SANYAL & ANR ..... Appellants Through Ms. Kiran Suri, Senior Advocate with and Ms. Sapra Mr. Mayank Aishwarya Kumar, Advocates versus SUJIT SEN & ORS ........ RESPONDENTS Through Mr. Shatadru Chakraborty, Ms. Sonia and Ms. Surbhi Anand, Dube Advocates for Respondent no.1 Mr. Arjun Mitra, Advocate Defendant no.2 for CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) Challenge in this appeal is to the order dated 01.05.2018 by which an 1. application filed by the respondent no.1 under Order VII Rule 11 CPC was allowed by the learned Single Judge and the plaint was rejected. The subject matter of the present appeal is a flat constructed on a property bearing No.J-1975, Chitranjan Park, New Delhi, which was earlier granted on leasehold basis and was subsequently converted into freehold on 01.03.2000. The property belonged t...


Feb 01 2019

Surjeet & Ors vs.central Board of Secondary Education (Cbse) & Anr

Court: Delhi

Decided on: Feb-01-2019

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:1. t February, 2019 + W.P.(C) 1068/2019 & CM No.4865/2019 % 1. SURJEET & ORS ........ Petitioners Through: Mr. Manoj Kr. Bhatnagar and Mr. A.P.S. Jadaun, Advs. versus CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) & ANR ........ RESPONDENTS Through: Mr. Amit Bansal and Ms. Seema Dolo, Advs. for R-1 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) The grievance of the petitioner is regarding certain errors as he perceives them to be in the answer key issued and circulated by the Central Board of Secondary Education (CBSE) in respect of the Central Teacher Eligibility Test (CTET) held by it on 9th December, 2018, in which the petitioner participated. According to the petitioner, certain answers, in the answer key, were erroneous. The writ petition complains that though the said errors were pointed out by the petitioner, in his representation to the CBSE, the revised answer key, as circulated by the CBSE, did not cor...


Feb 01 2019

Hukum Singh & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Feb-01-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 01, 2019 CRL.M.C. 557/2019 HUKUM SINGH & ORS .....Petitioners Through: Mr. Narender Vashishta and Ms. Renu Sharma, Advocates Versus STATE & ANR Through: Mr. .....Respondents Izhar Ahmad, Additional Public Prosecutor for State with ASI Tulli Ram Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Crl.M.A. 2319/2019 (Exemptions) Allowed, subject to all just exceptions. CRL.M.C. 557/2019 Quashing of FIR No.359/2013, under Sections 498-A/4of IPC, registered at police station Badarpur, Delhi is sought on the basis of Mediated Settlement of 4th April, 2018 (Annexure-G) reached between the parties. respondent No.2, present Upon notice, learned Additional Public Prosecutor for respondent- State submits that is the complainant/first informant of FIR in question and she has been identified to be so, by ASI Tulli Ram on the basis of identity proof produced by her. Respondent No.2, present in the Court, s...


Feb 01 2019

In the Matter of Multi Impression Carbons Private Ltd(vol. Liqn.) Vs.. ...

Court: Delhi

Decided on: Feb-01-2019

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:01. 02.2019 + CO.PET. 4/2019 IN THE MATTER OF MULTI IMPRESSION CARBONS PRIVATE LTD(VOL. LIQN.) ....... Petitioner Through Mr. Deepak Anand, Adv for OL. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed by the official liquidator (OL) under Section 497(6) of the Companies Act, 1956 for voluntary winding up of the company namely, MULTI IMPRESSION CARBONS PRIVATE LTD(VOL. LIQN.) 2. The Company has passed a special resolution in its Extraordinary General Meeting held on 01.08.2016 for voluntary winding up of the Company, wherein, Mr. Mukesh Kumar Agarwal, Practicing Company Secretary, was appointed as the voluntary Liquidator of the Company.3. The Registrar of Companies was informed regarding the voluntary winding up and the appointment of the Voluntary Liquidator. Notices under Rule 315 of the Company (Court) Rules, 1959 were issued and requisite forms were filed with the Registrar of Comp...


Feb 01 2019

Dr. Ankita Baidya vs.union of India & Ors

Court: Delhi

Decided on: Feb-01-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:28. h January, 2019 Pronounced on:01. t February, 2019 + W.P.(C) 8748/2018 & CM APPL.45209/2018 DR. ANKITA BAIDYA Through: versus Mr. S.K. Dubey and Mr. Udit Malik, Advocates. .Petitioner UNION OF INDIA & ORS ...... RESPONDENTS Through: Mr. Bhagvan Swarup Shukla, CGSC for Union of India with Mr.Kamaldeep, Advocate. Mr. Vibhor Garg, Mr. Tushar Gupta, Ms. Puja Agarwal and Mr. Deepanshu Panwar, Advs. For R-2 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR % JUDGMENT1 Oprah Winfrey once said, in a moment of sombre reflection, that the choice to become a mother is the choice to become one of the greatest spiritual teachers there is. That may very well be, the All India Institute of Medical Sciences (AIIMS) would seek to contend but it is also the choice of a delay of six months in obtaining the coveted and prestigious degree of DM (Doctorate of Medicine), if you happen to be an aspiring student and chance to become enceinte during the cur...


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