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Delhi Court March 2019 Judgments

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Mar 28 2019

Alphabet Designs Pty Ltd vs.sarash Impex Pvt. Ltd.

Court: Delhi

Decided on: Mar-28-2019

$~CP-11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:28. 03.2019 + CO.PET. 238/2015 & CA11322015 ALPHABET DESIGNS PTY LTD. ........ Petitioner Through Mr.R.K.Sanghi, Mr.Satyendra Kumar and Mr.Ishan Sanghi, Advs. versus SARASH IMPEX PVT. LTD. ..... Respondent Through Mr.M.P.Sahay, Adv. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. The Petition is filed under Section 433(e) and 434 and 439 of the Companies Act, 1956 (hereinafter referred to as the Act) seeking winding up of the respondent company.2. The case of the... Petitioner is that it placed an order for 5981 units Woven Linen Dresses and Tops from the respondent. The petitioner paid 30% as advance payment to the respondent. As there were several defects, it was agreed between the petitioner and the respondent to get the fabric tested by CSIRO(Independent Government Testing Laboratory). This agency confirmed that the quality of the fabric was not as per the approved sample. Thereafter, it was agreed...


Mar 28 2019

Rocky @ Rakesh Satija & Ors. Vs.state & Ors.

Court: Delhi

Decided on: Mar-28-2019

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:28. 03.2019 + CRL.M.C. 1635/2019 ROCKY @ RAKESH SATIJA & ORS. ........ Petitioners versus STATE & ORS ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : Mr. Mahesh Kumar Patel with Mr. Omkar Sharma, Advocates with... Petitioners in person. For the... RESPONDENTS: Mr. Mukesh Kumar, APP for the State. SI Tinku Shokeen, PS Tiak Nagar. Respondent Nos.2 and 3 in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.6554/2019 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 1635/2019 1.... Petitioner seeks quashing of FIR No.724/2013 under Sections 323/341/3IPC, Police Station Tilak Nagar.2. Subject FIR was registered on the complaint of the respondent No.2. Parties are neighbours. CRL.M.C. 1635/2019 Page 1 of 3 3. It is alleged by the complainant that in the morning there was a dispute with regard to the opening of the shop ...


Mar 28 2019

g.l. Bajaj Educational Trust (Regd.) and Ors. Vs.state Bank of India a ...

Court: Delhi

Decided on: Mar-28-2019

$~14. * + % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. 03.2019 W.P.(C) 2083/2019 G. L. BAJAJ EDUCATIONAL TRUST (REGD.) AND ORS. Through: ........ Petitioners Mr. Rajeeve Mehra, Sr. Adv. (amicus curiae) with Ms. Niti A Sachar, Advocate versus STATE BANK OF INDIA AND ORS. Through: ........ RESPONDENTS Mr. Rajiv Kapur, Adv. for R-1/SBI CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI VIPIN SANGHI, J.(ORAL) 1. By the detailed order dated 28.02.2019, this Court has dismissed the present writ petition. We have observed in the said order that the order passed by Mr. G.V.K. Raju, the learned Presiding Officer, DRT-II, Delhi on 10.01.2019 shocks our conscience, and we wish to examine as to what steps are called for at our end, if any. For that purpose, we kept the matter for today while requesting Mr. Rajeeve Mehra, Senior Advocate to assist us on this aspect. W.P.(C.) No.2083/2019 Page 1 of 12 2. At this stage itself, we may observe that we are not deal...


Mar 28 2019

A.c. Vs.state of Nct of Delhi

Court: Delhi

Decided on: Mar-28-2019

$~2 IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 657/2019 Decided on:28. h MARCH, 2019 A. C. ........ Petitioner Through: Mr. Gaurav Bharadwaj, Mr. P. Sharma, Mr. Gulshan Garg and Mr. Sahil Sharma, Advocates versus STATE OF NCT OF DELHI ..... Respondent Through: Mr. Sanjeev Sabharwal, APP with SI Aaditya Sharma, PS Krishna Nagar CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner, born on 03.07.2001, is facing proceedings in criminal case (SC no.300/2019) in the court of the Additional Sessions Judge, designated as Childrens Court under the Commissions for Protection of Child Rights Act, 2005 on the basis of accusations founded on evidence statedly gathered during investigation of first information report (FIR) no.214/2018 of police station Krishna Nagar, involving offences punishable under Sections 377, 506, 363 of Indian Penal Code, 1860 (IPC) and Sections 4 and 8 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act), the acts constituting such...


Mar 28 2019

Anil Madan vs.allied Promoters Ltd

Court: Delhi

Decided on: Mar-28-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:19. h March, 2019 Pronounced on:28. h March, 2019 + RC.REV. 395/2018 & CM APPL No.33197/2018 ANIL MADAN ........ Petitioner Through : Dr.Anurag Kumar Agarwal and Mr.Umesh Mishra, Advocates. versus ALLIED PROMOTERS LTD ..... Respondent Sr Advocate with Mr.Ajay Gupta and Ms.Surbhi Gupta, Advocates. Through : Mr.Sanjeev Sindhwani, CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This revision petition challenges the judgment dated 11.05.2018 passed in respect of eviction of shop No.3463-A and D, Krishna Niketan, Ground Floor, Delhi Gate, Delhi-110002. The rent of the said premises is Rs.400/month.2. The petition under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (hereafter the Act) is filed on the premise the tenanted shop is required bonafidely by the respondent for its commercial activity which can only be run from the ground floor portion. It is alleged though some portion on the ground floor is in occupat...


Mar 28 2019

Tushar & Anr vs.nct of Delhi & Ors

Court: Delhi

Decided on: Mar-28-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 28, 2019 CRL.M.C. 1647/2019 & CRL.M.A. 6591/2019 TUSHAR & ANR .....Petitioners Through: Mr. Iftekhar Ahamd, Advocate. Versus NCT OF DELHI & ORS .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with ASI Shishu Bhan. Respondent Nos. 2 & 3 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.721/2018, under Section 308 of IPC, registered at Police Station Mukherjee Nagar, District-North West, Delhi is sought on the basis of affidavits of 26th March, 2019 of respondent Nos. 2 & 3 and on the ground that the misunderstanding which led to registration of the FIR in question, now stands cleared between the parties. Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondent Nos.2 & 3, present in the Court, are the complainants/first-informants of FIR in question and they have been identified to be so, by ASI Shishu Bhan, on the basis ...


Mar 28 2019

Swatantra Suneja vs.anil Kumar & Ors

Court: Delhi

Decided on: Mar-28-2019

$~10. * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 352/2016 SWATANTRA SUNEJA ..... Plaintiff Through: Mr. Prasanta Varma and Ms. Shalu Goswami, Advs. versus ..... Defendants Through: Mr. Ajay Arora, Adv. for D-1. ANIL KUMAR & ORS CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % Mr. Deepak Sharma, Adv. for D-2. Mr. Kapil Dutta, Adv. for D-3. ORDER2803.2019 IA No.1050/2018 (of the defendant no.2 under Order VII Rule 11 of the CPC).1. The defendant no.2, in this suit for partition of three immovable properties namely (a) Property bearing Khasra No.531, Mundka Delhi -110 041 measuring 2000 sq. yds.; (b) Property bearing No.134 (Khasra No.50/25), Timber Market Swarn Park, Mundka, Delhi -110 041; and, (c) Factory No.B-59, Phase-2 Mangolpuri Industrial Area Delhi measuring 200 sq. mtrs. consisting of Ground, First and Second floors seeks rejection of the plaint on three grounds i.e. (i) limitation; (ii) the common predecessor having died in the year 1995 i.e. prior to the amendment w.e.f...


Mar 28 2019

Mujibur Rehman vs.state

Court: Delhi

Decided on: Mar-28-2019

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 03.2019 BAIL APPLN. 229/2019 MUJIBUR REHMAN STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Suman Kumar Divakar, Adv. For the Respondent: Ms. Kusum Dhalla, Addl. PP for the State with ASI Pawan Kumar CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.140/2018 under Sections 20/of the Narcotic Drugs and Psychotropic Substance Act, 1985, registered at Police Station Crime Branch, New Delhi.2. 3. The petitioner has been in custody since 04.08.2018. The allegations in the FIR are that secret information was received that one Tahir would be transporting Ganja in his truck from Orissa to Delhi and one Amit Kumar Jha would be available to receive the same. BAIL APPLN.229/2019 Page 1 of 4 4. Based on the secret information, a trap was led and the truck was apprehended at the poin...


Mar 28 2019

M/S Nav Jagriti Niketan Education Society vs.delhi International Schoo ...

Court: Delhi

Decided on: Mar-28-2019

% + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:28. 03.2019 CS(COMM) 698/2018 M/S NAV JAGRITI NIKETAN EDUCATION SOCIETY .....Plaintiff Versus .....Defendants : Mr S.K. Bansal, Mr Ajay Amitabh Suman, MrA. Chanchal Jha and Mr P. Kishan. DELHI INTERNATIONAL SCHOOL & OTHERS Advocates who appeared in this case: For the Plaintiff For theDefendants : Ms Romy Chacho for defendant no.1. CORAM HONBLE MR JUSTICE VIBHU BAKHRU Mr Aman Sinha, Senior Advocate with Mr Sanjai Kumar Pathak and Mr Parvesh Thakur for defendant No.2. Mr Amit Jain and Ms JubliMomalia for defendant no.3. JUDGMENT VIBHU BAKHRU, J IA No.8139/2014 1. The present application has been filed by defendant no.2 a Society registered under the Madhya Pradesh Societies Registration Act, 1973 under Order VII Rule 11 of the Code of Civil Procedure, 1908, inter alia, praying that the above-captioned suit be rejected and/or the plaint be returned. CS(Comm) 698/2018 Page 1 of 23 2. The applicant has established a school ...


Mar 28 2019

Sh. Chander Mohan Lall vs.dlf Home Developers Ltd.

Court: Delhi

Decided on: Mar-28-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:07. 02.2019 Date of Decision:28. 03.2019 + O.M.P. (COMM) 271/2018 SH. CHANDER MOHAN LALL ........ Petitioner Through: Mr.C.M. Lall, Sr. Adv. with Ms.Nancy Roy, Ms.Shreya Sethi, Mr.Sandeep & Mr.Lakshay Virmani, Advs. Sharma versus DLF HOME DEVELOPERS LTD. ..... Respondent Through: Mr.B.B. Gupta, Sr. Adv. with Mr.Amit Agarwal & Mr.Saurabh Nirupam, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 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 31.03.2018 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Retail/Commercial Office Space Buyers Agreements dated 31.05.2006 (hereinafter referred to as the Space Buyers Agreement).2. In short, the dispute between the parties is regarding the delay in handing over of the possession of the office spaces...


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