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Delhi Court February 2019 Judgments

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Feb 01 2019

Baljeet Singh vs.sukhvinder Singh @ Kakku & Ors.

Court: Delhi

Decided on: Feb-01-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % BALJEET SINGH RFA No.84/2019 1st February, 2019 ..... Appellant Through: Mr. Munish Chhoker, Advocate (Mobile No.9873340929). versus SUKHVINDER SINGH @ KAKKU & ORS. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ........ RESPONDENTS To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.4615/2019 (for exemption) 1. Exemption allowed, subject to just exceptions. C.M. stands disposed of. C.M. Appl. No.4614/2019 (for delay in re-filing) 2. For the reasons stated in the application the delay of 25 days in re-filing the appeal stands condoned, subject to just exceptions. RFA No.84/2019 Page 1 of 14 C.M. stands disposed of. RFA No.84/2019 & CM No.4613/2019 (for stay) 3. This Regular First Appeal under Section 96 of the Code of Civil Procedure 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the trial court dated 24.07.2018 by which the trial court has dismissed the suit for partition filed by the appe...


Feb 01 2019

Raj Dutta & Ors. Vs.lambda Content India Private Limited & Ors.

Court: Delhi

Decided on: Feb-01-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 883/2018 Reserved on:23. 01.2019 Date of decision :01. 02.2019 RAJ DUTTA & ORS. ........ Petitioners Through: Mr.P. Chidambaram, Sr. Adv. with Mr.Satish Kishanchandari, Mr.Parag Khandhar & Mr.Sohil Shah & Mr.Tejas Patel, Advs. versus LAMBDA CONTENT INDIA PRIVATE LIMITED & ORS. ........ RESPONDENTS Through: Mr.Abhinav Vasisht, Sr. Adv. with Ms.Aayushi Sharma, Mr.Nandish Vyas, Mr.Joran Dewan & Ms.Priya Singh, Advs. for R-1 & R-2. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioners seeking appointment of the Nominee Arbitrator on behalf of respondent nos.1 and 2 for adjudicating the disputes that have arisen between the parties in relation to the Share Purchase Agreement dated 09.04.2018 executed between the petitioners as the Sellers and Arb.P. No.883/2018 Page 1 respondent nos.1 and 2 as the Purchasers...


Feb 01 2019

M/S British Airways vs.union of India & Anr

Court: Delhi

Decided on: Feb-01-2019

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI M/S BRITISH AIRWAYS W.P.(C) No.5720/2015 Date of decision:01. 02.2019 ........ Petitioner Through: Mr.Sandeep Prabhakar & Mr.Vikas Mehta, Advs. versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Ms.Shiva Lakshmi, CGSC for R-1. Mr.Uttam Datt & Mr.Tarun Sharma, Advs. for R-2. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. Vide the present petition under Articles 226 and 227 of the Constitution of India, the petitioner impugns the award dated 30.01.2015 passed by the learned Labour Court-II, New Delhi in ID No.127/2005, whereunder the petitioner was directed to reinstate the respondent no.2 with full back wages.2. The brief facts emerging from the record that are necessary for the adjudication of the present petition are as follows. The respondent no.2 having being appointed as an international tele-sales Support Clerk in the petitioner/company on 21.02.1994, was promoted as a Message Editing Scripter on 19.06.2000. Wh...


Feb 01 2019

Sandeep Wali & Anr. 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. 544/2019 SANDEEP WALI & ANR. .....Petitioners Through: Mr. Abhay Singh and Mr. Sushant Singh, Advocates Versus STATE & ANR. .....Respondents Through: Mr. M.S. Oberoi, Additional Public Prosecutor for State with SI Indu Mr. Rahul Sharma, Advocate with Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Crl.M.A. 2297/2019 (Exemptions) Allowed, subject to all just exceptions. Crl.M.A. 2298/2019 (delay) There is delay of 10 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. 544/2019 Quashing of FIR No.327/2015, under Section 498-A of IPC, registered at police station Palam Village, Delhi is sought on the basis of affidavit of respondent No.2 of 25th January, 2019. CRL. M.C. 544/2019 Page 1 of 4 Upon notice, learned Additional Public Prosecutor for respondent- Stat...


Feb 01 2019

Indian Medical Association (Regd.) vs.m/s. Arth Business News Channel ...

Court: Delhi

Decided on: Feb-01-2019

$~OS-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:01. 02.2019 + CS (COMM) 122/2017 INDIAN MEDICAL ASSOCIATION (REGD.) M/S. ARTH BUSINESS NEWS CHANNEL PVT. LTD.... Defendant Through Mr.Nitesh Jain, Adv. Through None versus ..... Plaintiff CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This is a suit for recovery of possession and arrears of rent with respect to the suit property at IMA House, Indraprastha Marg, ITO, New Delhi comprising of ground floor, mezzanine floor, servant quarters and washrooms measuring 5500 sq. ft (herein after referred to as the suit property). Other connected relief are also sought.2. Notice to the present suit was issued to the defendant on 17.02.2017. Despite service the defendant failed to appear and was proceeded ex-parte by this court on 16.08.2018.3. Essentially, the case of the plaintiff is that the plaintiff is an association duly registered and represented by Dr. R.N. Tondon, Authorised Representative of the plaintif...


Feb 01 2019

M/S. Hira Sweets & Confectionary Pvt. Ltd& Ors. Vs.hira Confectioners

Court: Delhi

Decided on: Feb-01-2019

1 $~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 17/2018 & I.As. 218/2018, 219/2018, 16420/2018 M/S. HIRA SWEETS & CONFECTIONARY PVT. LTD& ORS. ..... Plaintiffs Through: Mr. Umesh Mishra, Advocate with Mr. Vishal Patel, Advocate. versus HIRA CONFECTIONERS Through: None. ..... Defendant Date of Decision:01. t February, 2019 % CORAM: HON'BLE MR. JUSTICE MANMOHAN MANMOHAN, J: (Oral) JUDGMENT1 Present suit has been filed for permanent injunction restraining infringement and passing off of trademark, copyright, damages, delivery upetc.The prayer clause is reproduced hereinbelow:-"the defendant, (a) That this Honble Court may kindly be pleased to restrain its proprietor, partners, associates, sister concerns, dealers, distributors through themselves and through servants, agents, assigns and representatives and all other acting for and on their behalf from manufacturing, selling, CS (COMM) 17/2018 Page 1 of 9 (b) (c) offering for sale, advertising directly and indirectly dealing in i...


Feb 01 2019

Islam & Ors. Vs.the 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. 539/2019 ISLAM & ORS .....Petitioners Through: Mr. Farooq Ahmed and Mr. Raj Kumar, Advocates Versus THE STATE & ANR .....Respondents Through: Mr. M.S. Oberoi, Additional Public Prosecutor for State with ASI Puran Singh. Mr. Tej Singh Chandan, Advocate with Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Crl.M.A. 2286/2019 (Exemptions) Allowed, subject to all just exceptions. CRL.M.C. 539/2019 Quashing of complaint case No.50631/2015, under Sections 323/347/357/506/5of IPC, registered at police station Gokal Puri, Delhi and summoning order of 16th March, 2011 is sought on the basis of affidavit of respondent No.2. 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 respondent No.2, present in the Court CRL. M.C. 539/2019 Page 1 of 4 to be so, by ASI Puran Singh...


Feb 01 2019

Gurdeep Singh & Ors vs.parkash Kaur & Ors

Court: Delhi

Decided on: Feb-01-2019

$~14 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:01. 02.2019 RFA(OS) 44/2018 & CM APPL2670526706/2018 GURDEEP SINGH & ORS ..... Appellants Through Mr. L.S. Solanki and Ms. Anu Solanki, Advocate versus PARKASH KAUR & ORS ........ RESPONDENTS Through Mr. S.K. Rungta, Senior Advocate with Mr. Prashant Singh, Advocate for Respondent no.2 CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) CM APPL267052018 (delay) 1. For the reasons stated in the application, delay of 91 days in filing of the appeal is condoned 2. The application stands disposed of. RFA(OS) 44/2018 & CM APPL267062018 (stay) 3. Challenge in this appeal is to the order dated 01.02.2018 passed by the Learned Single Judge of this Court by which, a final decree of partition has been passed in CS(OS) 394/2007 and CS(OS) 80/2009. RFA (OS) No.44/2018 Page 1 of 6 4. Learned counsels for the parties submit that CS(OS) 80/2009 was filed for (i) partition of property No.D-20...


Feb 01 2019

Preetilata Jain vs.kailash & Ors.

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. 703/2018 & CRL.M.A. 2520/2018 PREETILATA JAIN .....Petitioner In person Through: Versus KAILASH & ORS .....Respondents Through: Mr. M.P.Singh, Additional Public Prosecutor for respondent-State with SI Sandeep Mr. Sanjay Goel and Ms. Bhawna, Advocates for respondents No.2 to 5 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner appears in person and prays that the proceedings in the pending FIR case under Sections 406 & 498A of IPC be expedited. It is brought to the notice of this Court that the case is now coming up before the trial court on 16th March, 2019 for orders on charge and FIR of this case was registered in February, 2014. Upon hearing and on perusal of the material on record and the status report, trial court is directed to expedite the trial of this case and to make all endeavors to complete the trial within a year from the date already fixed. A copy of this order be sent to t...


Feb 01 2019

State (govt.of Nct of Delhi) vs.maqbool Khan

Court: Delhi

Decided on: Feb-01-2019

$~3 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :01. t February, 2019 CRL.LP. 532/2018 STATE (GOVT.OF NCT OF DELHI) ....Appellant Through: Mr Ravi Nayak, APP for the State with SI Nidhi Malik, PS Seelampur, Delhi. Versus MAQBOOL KHAN Through: Mr. M. N. Dudeja, Advocate... RESPONDENTCORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT: SANGITA DHINGRA SEHGAL, J1 By the present Leave Petition filed under Section 378 (1) of the Code of Criminal Procedure,(hereinafter referred as Cr.P.C.) the State seeks leave to appeal against the judgment dated 25.04.2018 passed by the learned Trial Court in Session Case No.45036/15, whereby the respondent (accused before the Trial Court) was acquitted of the charges punishable under Section 363/366A/354B/376 of the Indian Penal Code (hereinafter referred as IPC) and Section 6 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO). CRL.LP. 532/2018 Page 1 of ...


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