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Delhi Court April 2019 Judgments

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Apr 22 2019

Naseem vs.state

Court: Delhi

Decided on: Apr-22-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:14. h February, 2019 Judgment Delivered on:22. d April, 2019 CRL.A. 125/2017 TAHEJUL SEIKH @ SIRAJ Represented by: Mr.P.K.Anand, Advocate ..... Appellant THE STATE versus .Respondent Represented by: Mr.Ashok Kumar Garg, APP for the State with ASI Abdul Barkat, Narcotics Cell/Crime Branch + CRL.A. 592/2017 NASEEM STATE Represented by: Mr.Harsh Prabhakar, Advocate versus ..... Appellant Represented by: Mr.Ashok Kumar Garg, APP for the ..... Respondent State with ASI Abdul Barkat, Narcotics Cell/Crime Branch CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 The present appeals are directed against the judgment dated 22nd December, 2016 passed by the learned Special Judge, NDPS whereby the appellants Tahejul Seikh @ Siraj and Naseem were convicted for offence punishable under Section 21(c) of Narcotics Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). Vide order on sentence dated 22nd December, 2016, they were senten...


Apr 22 2019

Koninlijke Philips n.v. & Anr. Vs.amazestore & Ors.

Court: Delhi

Decided on: Apr-22-2019

$~ * + + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 737/2016 & I.A. 7469/2016 KONINLIJKE PHILIPS N.V. & ANR. ..... Plaintiffs Through: Mr. Pravin Anand with versus AMAZESTORE & ORS. Ms. Vaishali Mittal, Mr. Siddhant Chamola, Ms. Vrinda Gambhir, Advocates ..... Defendants Through: None AND CS(COMM) 1170/2016 & I.A. 2685/2017, 16768/2018 KONINLIJKE PHILIPS N.V. & ANR. ..... Plaintiffs Through: Mr. Pravin Anand with Ms. Vaishali Mittal, Mr. Siddhant Chamola, Ms. Vrinda Gambhir, Advocates Versus AMITKUMAR KANTILAL JAIN & ORS. ..... Defendants Through: None Reserved on:08. h April, 2019 Date of Decision:22. d April, 2019 CS(COMM) 737/2016 & CS(COMM) 1170/2016 Page 1 of 48 CORAM: HON'BLE MR. JUSTICE MANMOHAN MANMOHAN, J: JUDGMENT BACKGROUND1 Present suits have been filed seeking decree of damages as well as permanent injunction restraining violation of multiple statutory and common law rights, namely: a. Piracy of registered design number 253140 in CS(COMM) 737 of 2016. The prayer cl...


Apr 22 2019

Jindal Poly Films Ltd. Vs.the Director General of Foreign Trade Prc Ce ...

Court: Delhi

Decided on: Apr-22-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:22. 04.2019 + W.P.(C) 7806/2014 & CM No.18331/2014 JINDAL POLY FILMS LTD. versus THE DIRECTOR GENERAL OF FOREIGN TRADE PRC CELL & ORS ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS CORAM HONBLE MR JUSTICE VIBHU BAKHRU : Mr Sandeep Sethi, Senior Advocate with Ms Suruchi Aggarwal, Advocate. : Mr Kirtiman Singh, CGSC VIBHU BAKHRU, J JUDGMENT1 The petitioner has filed the present petition, inter alia, impugning an order dated 14.10.2014 passed by respondent no.3 (Assistant Director General of Foreign Trade) under Rule 7.1(k) of Foreign Trade (Regulation) Rules, 1993 declaring the petitioner to be a defaulter and placing the petitioner under the Denied Entry List. The import of the said order is that all pending / future applications filed by the petitioner for benefits / authorizations from the office of the Director General of Foreign Trade (DGFT) und...


Apr 22 2019

State vs.mahinder Singh

Court: Delhi

Decided on: Apr-22-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 922/2001 STATE Judgment Reserved On:13. 02.2019 Judgment Pronounced On:22. 04.2019 Through: Mr. Ravi Nayak, APP with SI . Appellant Pradeep Kumar, PS Model Town. versus MAHINDER SINGH Through: Mr. H.S. Dhawan, Advocate. .... Respondent CORAM: HONBLE MR JUSTICE SIDDHARTH MRIDUL HONBLE MS JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT SIDDHARTH MRIDUL, J.1. The State has instituted the present appeal under section 378(4) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) against the impugned judgment and order dated 21.02.1998, in Session Case No.39/96, arising out of FIR No.(hereinafter referred to as the subject FIR), registered at Police Station Model Town; whereby the Trial Court has acquitted the accused Mahinder Singh (hereinafter referred to as the respondent) of a charge framed against him under section 302 Indian Penal Code, 1860. CRL.A. 922/2001 Page 1 of 20 2. The case of the prosecution as elaborated by the lear...


Apr 22 2019

Dinebari Dbari @ Daniel vs.state

Court: Delhi

Decided on: Apr-22-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:13. h February 2019 Judgment Delivered on:22. d April, 2019 CRL.A. 770/2016 SANJEEV KUMAR Represented by: Mr.Vikas Gautam, Advocate with Appellant in person ..... Appellant versus STATE ..... Respondent Represented by: Ms.Rajni Gupta, APP for the State CRL.A. 855/2016 & Crl.M.B.No.1618/2017 with SI Alok Bajpai, Special Cell/SR ..... Appellant DINEBARI DBARI @ DANIEL Represented by: Mr.Aditya Vikram, Advocate (DHCLSC) and Mr. Avinash, Advocate versus STATE ..... Respondent Represented by: Ms.Rajni Gupta, APP for the State with SI Alok Bajpai, Special Cell/SR CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. The present appeals are directed against the judgment dated 13th May 2016 passed by the learned Special Judge, NDPS whereby the appellants Sanjeev Kumar and Dinebari Debari @ Daniel were convicted for the offence punishable under Section 21(c) of Narcotics Drugs and Psychotropic CRL.A.770/2016 & 855/2016 Page 1...


Apr 22 2019

Morgan Tectronics Ltd. Vs.union of India & Ors.

Court: Delhi

Decided on: Apr-22-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:22. 04.2019 + W.P.(C) 11728/2016 & CM No.46168/2016 MORGAN TECTRONICS LTD. Versus UNION OF INDIA & ORS. ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner: For the... RESPONDENTS: Mr Gaurnag Kanth, CGSC with Ms Biji Mr Rupesh Kumar, Advocate. Rajesh and Ms Eshita Baruah, Advocates. CORAM HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner has filed the present petition impugning the minutes of a meeting dated 06.01.2016 (hereafter the impugned minutes) passed by respondent no.3 (the Unit Approval Committee, NOIDA Special Economic Zone). By way of the impugned minutes, the Letter of Approval (LoA) issued to the petitioner was cancelled. The said impugned minutes were further affirmed by respondent no.2 (Board of Approval, Department of Commerce hereafter BoA) in its meeting dated 09.11.2016 and the appeal preferred by the petitioner was rejected. W.P.(C) ...


Apr 22 2019

Bayer Intellectual Property Gmbh and Anr. Vs.alembic Pharmaceuticals L ...

Court: Delhi

Decided on: Apr-22-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. 10.2018 Pronounced on:22. 04.2019 RFA(OS)(COMM) 6/2017, CM Nos.17508/2017 & 32128-29/2017 BAYER INTELLECTUAL PROPERTY GMBH & ANR ..... Appellants Through: Mr. Guru Krishna Kumar, Sr. Advocate with Mr. Pravin Anand, Mr. Nishchal Anand and Mr. Sanchith Shivakumar, Advs. versus ALEMBIC PHARMACEUTICALS LTD. ..... Respondent Through: Ms. Saya Choudhary Kapur, Mr. Vivek Ranjan and Mr. Devanshu Khanna, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA MR. JUSTICE S. RAVINDRA BHAT % 1.2. RFA (OS)(Comm) 6/2017 is allowed with no order as to costs. For detailed judgment, the decision dated 22.04.2019 in LPA3592017 may be referred to. APRIL22 2019 S. RAVINDRA BHAT (JUDGE) SANJEEV SACHDEVA (JUDGE) RFA (OS) (COMM) 6/2017 Page 1 of 1...


Apr 20 2019

o.p. Bansal vs.union Bank of India

Court: Delhi

Decided on: Apr-20-2019

+ IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :9. h October, 2018 Date of decision :11. h April, 2019 FAO2802011 O.P. BANSAL ..... Appellant Through: Mr. Adarsh Ganesh, Adv. Versus UNION BANK OF INDIA ..... Respondent Through: Mr. O.P. Gaggar, Adv. CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. A revision petition under Section 115 of the CPC was filed by the petitioner which has been treated as an appeal against the impugned order dated 02.09.2008 of the learned ADJ, Delhi in Suit No.100/2007 in view of the order dated 25.05.2011 whereby it was held that in as much as the petition has been filed against the order of the learned Trial Court having been passed under Order VII Rule 10 of the Code of Civil Procedure, 1908 whereby the plaint was returned to the plaintiff i.e. the present appellant to be presented to the Court having jurisdiction, it was not a revision petition but an appeal that could be filed and thus in terms of the verdict of the Ho...


Apr 16 2019

National Highways Authority of India vs.m/s Gayatri- Eci (Joint Ventur ...

Court: Delhi

Decided on: Apr-16-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: March 28, 2019 Pronounced on 16thApril, 2019 O.M.P.(COMM) 128/2019 NATIONAL HIGHWAYS AUTHORITY OF INDIA ........ Petitioner Through: Dr. Maurya Vijay Chandra, Advocate with Ms. Somya Pandey, Advocate. versus M/S GAYATRI- ECI (JOINT VENTURE), HYDERABAD..... Respondent Through: Mr. Jayant Mehta, Advocate with Mr. Angad Mehta and Ms. Bani Brar, Advocate. CORAM: JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J1 National Highways Authority of India (hereinafter referred to as NHAI) has filed the present petition under Section 34 of the Arbitration and Conciliation Act (hereinafter referred to as 'the Act), assailing the award dated 22nd November 2018 passed by the Arbitral Tribunal comprising of three Arbitrators (hereinafter referred to as 'the AT').2. The impugned award has been rendered in respect of the disputes raised between Gayatri-ECI (Joint Venture) (hereinafter referred to as GEJV, a Joint Venture association between M/s Ga...


Apr 16 2019

Master Rudransh Vyas (Minor) & Anr. Vs.employees State Insurance Corpo ...

Court: Delhi

Decided on: Apr-16-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Appl.Side-8 $~ * + W.P.(C) 7730/2016 & CM APPL. 31910/2016 MASTER RUDRANSH VYAS (MINOR) & ANR. Through Mr. Ashok Aggarwal, Advocate ........ Petitioners versus EMPLOYEES STATE INSURANCE CORPORATION & ORS. ........ RESPONDENTS Through Ms. Shyel Trehan, Amicus Curiae with Ms. Sonali Malik, Advocate. Ms. Shiva Lakshmi, CGSC and Mr. Dev P. Bhardwaj, CGSC with Mr. Jatin Teotia, Advocate for UOI. Mr. Yakesh Anand with Mr. Nimit Mathur, Advocates and Dr. Naresh Arora, AD (D) and Mr. Dhruv Prasad UDC for ESIC. Mr. Ramesh Singh, Standing Counsel (Civil) with Mr. Chirayu Jain, Advocate for GNCTD. Mr. Tanveer Oberoi, Advocate for AIIMS. Mr. Rajshekhar Rao with Mr. Kotla Harshvardhan and Ms. Mansi Sood, Advocate for Sanofi Genzyme. % W.P.(C) 7730/2016 Date of Decision:16. h April, 2019 Page 1 of 3 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present writ petition has been filed by Master Rudransh Vyas. As the petitioner No.1-patient is...


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