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Delhi Court May 2019 Judgments

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May 30 2019

Tariq Mahboob Through His Son/Next Friend Mr. Mohamma Talha vs.union o ...

Court: Delhi

Decided on: May-30-2019

$~14 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order:30. h May, 2019 + W.P.(C) 6384/2019, C.M.Nos.27188-27189/2019 TARIQ MAHBOOB THROUGH HIS SON/NEXT FRIEND MR. MOHAMMA TALHA ........ Petitioner Through: Mr.Ajay Kohli and Ms.Pooja Vohra, Advocates UNION OF INDIA AND ANR. versus ........ RESPONDENTS Through: Mr.Anuj Aggarwal, ASC with Mr.Atul Goyal, Advocate for R-2/Drugs Control Deptt.) CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) CM.APPL271892019 (Exemption) 1. Exemption allowed, subject to all just exceptions.2. The application stands disposed of. W.P.(C) 6384/2019 & C.M.27188/2019 3. With the consent of the parties, the writ petition is set down for final hearing and disposal.4. Some necessary facts which are required to be noticed for the disposal of the present writ petition are that the petitioner claims to be suffering from Creutzfeldt Jakob disease (CJD) which is a rare, fatal degenerative brain disorder and has been d...


May 30 2019

Rakesh Dhingra vs.the State Through: Govt of Nct of Delhi & Anr

Court: Delhi

Decided on: May-30-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: May 30, 2019 CRL.M.C. 2756/2019 & CRL.M.A. 11056/2019 RAKESH DHINGRA ........ Petitioner Through: Mr. B.P. Sharma & Mr. Ashish Gill, Advocates. Versus THE STATE THROUGH: GOVT OF NCT OF DELHI & ANR .....Respondents Through: Mr. M.P. Singh, Additional Public Prosecutor for State with SI Sunny. Mr. Shanto Mukherjee, Advocate with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.220/2015, under Sections 420/468/471/120B of IPC, registered at Police Station Roop Nagar, North District, Delhi is sought on the basis of Memorandum of Settlement (Annexure P-2) 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 No.2 present in the Court, is the complainant/first-informant of FIR in question and Crl.M.C. 2756/2019 Pag...


May 30 2019

Janak Kapoor & Anr. Vs.amit Kapoor & Anr.

Court: Delhi

Decided on: May-30-2019

$~21 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. 05.2019 FAO No.469/2017 & CM Nos. 43689/2017, 21596/2019 JANAK KAPOOR & ANR. .....Petitioners Through: Mr. Anuj Gupta, Advocate with Appellants in person. Versus AMIT KAPOOR & ANR. Through: Respondent No.1 in person. ........ RESPONDENTS Mr. Pramod Kumar Ahuja with Mr. J.K. Jain, Advocates for Respondent No.2 with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns an order dated 06.09.2017 passed by the learned Additional District Judge in dismissing the appellants application under Order 7 Rule 11 CPC, whereby the appellants-defendants had sought rejection of the suit, as being not maintainable. Respondent no.1 Mr. Amit Kapoor had filed a suit for declaration, cancellation and permanent injunction against his mother defendant/ appellant no.1 and his sister Ms. Roma Malhotra defendant/ appellant no 2.2. The brief facts of the case are that Late Mr. Kewal Kr...


May 30 2019

Sahista vs.state of Nct of Delhi

Court: Delhi

Decided on: May-30-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI #7 $~ * + W.P.(CRL) 1463/2019 SAHISTA versus Through Mr. Aditya Singla with Ms. Supriya ........ Petitioner Juneja, Advocates ..... Respondent STATE OF NCT OF DELHI Through Mr. Sanjay Lao, ASC (Crime) for Mr. Rahul Mehra, Standing Counsel (Crime) for State. Mr. Atul Kumar Thakur, DCP, North East District with Inspt. R.S. Meena and SI Naeem Ali, PS Bhajan Pura. Date of Decision:30. h May, 2019 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL % MANMOHAN, J: (Oral) JUDGMENT1 Present petition had been filed seeking a writ of Habeas Corpus directing the police to find the petitioners minor daughter who is stated to be of unsound mind.2. It is alleged in the present petition that not only the petitioner- mothers FIR was registered after a six months delay, but the suspects mentioned in her complaint namely, Rohit, Chaiwali and Raj of District Page 1 of 3 W.P.(Crl.) 1463/2019 Ghaziabad, Uttar Pradesh were not investigated.3...


May 30 2019

Anchor Health and Beauty Care Pvt. Ltd. Vs.state of Nct of Delhi and O ...

Court: Delhi

Decided on: May-30-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:30. h May, 2019 + 1. CRL.M.C. 3946/2014 & CRL.M.A.13516/2014 1. COLGATE-PALMOLIVE (INDIA) LTD. Colgate Research Centre, Main Street, Hiranandani Gardens, Pawai, Mumbai - 40076.2. MR. NIKET GHATE C/o Colgate Palmolive (India) Limited Colgate Research Centre, Main Street, Hiranandani Gardens, Pawai, Mumbai - 40076.3. R. A. SHAH C/o Colgate Palmolive (India) Limited Colgate Research Centre, Main Street, Hiranandani Gardens, Pawai, Mumbai - 40076.4. DINESH CASTELLINO C/o Cummins India Ltd., Kochrud, Pune - 411038.5. AMEYA JOSHI C/o Johnson & Johnson, 30, Spencers Building, Near Bhatia Hospital, Foriett Street, Tardeo, Mumbai - 40036.6. S. Y. PRABHU C/o Colgate Palmolive (India) Limited Colgate Research Centre, Main Street, Hiranandani Gardens, Pawai, Mumbai - 40076. ...Petitioners Through: Mr. Mukul Rohatgi, Siddharth Luthra & Mr. Ramesh Gupta, Sr. Advocates with Mr. Saif Khan, Mr. Achutam Sreekumar, Mr. Akshay Agarwal, Mr. ...


May 30 2019

M/S Icici Bank Ltd vs.naresh Kumar

Court: Delhi

Decided on: May-30-2019

$~24 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order:30. 05.2019 F.A.O.No.232/2019 M/S ICICI BANK LTD ..... Appellant Through: Mr. Puneet K. Bhalla, Advocate. Versus NARESH KUMAR CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(ORAL) ....Respondent C.M. No.27138/2019 (for exemption) Allowed, subject to all just exceptions. F.A.O. No.232/2019 1. The impugned order dated 22.04.2019 passed by the court of learned Additional District Judge-01, Central District, Tis Hazari Courts, Delhi (ADJ) in Civil Suit No.376/2019 by which an advocate was appointed as a receiver under Order XL Rule 1 CPC to repossess the vehicle in question with liberty to deposit the same with the concerned SHO and make a report to the court, is the subject-matter of challenge in this appeal.2. The appellant/plaintiff has filed a suit for recovery of Rs.6,85,506.51 against the respondent on the ground that they have FAO No.232/2019 Page 1 of 4 disbursed a loan amount of Rs.11,47,430/- on interest to the...


May 30 2019

Aditi Chauhan & Anr. Vs.rajani Chauhan & Anr.

Court: Delhi

Decided on: May-30-2019

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order 30.05.2019 + CM (M) 558/2019 ADITI CHAUHAN & ANR. ..... Appellants Through: Mr.R.P. Sharma, Advocate with Mr.Vaibhav Mehra, Advocate along with respondents in person. versus RAJANI CHAUHAN & ANR. ........ RESPONDENTS Through: Respondent no.1 in person. Respondent no.2 is not present despite service. CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER3005.2019 VINOD GOEL, J.(ORAL) 1. Notice issued to the respondent no.2 received back with the report Premises found locked. By an order dated 16.04.2019, this court ordered for issuance of the notice to the respondent no.2 by publication in two newspapers i.e. (i) The Hindustan Times (English daily), and (ii) Hindustan (Hindi). The respondent no.2 was served by publication in both these newspapers on 27.04.2019 at the address i.e. Flat No.115, Jaina Apartment, Sector-14, Rohini, Delhi. This address was also furnished in the court on 24.04.2019. On 20.05.2019, this court ordered that an a...


May 30 2019

Zam Co. Ltd. Vs.energy Efficiency Services Limited and Ors.

Court: Delhi

Decided on: May-30-2019

$~5, 6 & 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:30. h May, 2019 + W.P.(C) 6123/2019 & CM Appl.26371/2019 + W.P.(C) 6157/2019 & CM Appl.26489/2019 + W.P.(C) 6162/2019 & CM Appl.26499/2019 ATTOTEK CO. LTD. ZAM CO. LTD. FUJI LITECH CO. LTD. ........ Petitioners Through: Mr. V.K.Garg, Senior Advocate with Mr. Ankur Chhibber, Mr. Aditya Chhibber and Ms. Noopur Dubey, Advocates versus ENERGY EFFICIENCY SERVICES LIMITED AND ORS. .....Respondents Through: Mr. Samdarshi Sanjay, Advocate with Mr. Prakash Jha, AGM for EESL Mr. Ajay Digpaul and Mr. Himanshu Pathak, Advocates for R-2 CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. The present three writ petitions raise almost identical issues. The facts are also somewhat common. Accordingly, with the consent of the parties, these petitions are being heard together and disposed of by this common judgment.2. Respondent No.1 is a joint venture of four National Public Sector W.Ps....


May 30 2019

Akhtar Malik & Anr. Vs.the State (Nct of Delhi) & Anr.

Court: Delhi

Decided on: May-30-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C.4416/2015 & CRL.M.A.15604/2015 Judgment reserved on :02.05.2018 Date of decision :30. 05.2019 AKHTAR MALIK & ANR. ........ Petitioners Through: Mr. Sunil Sharma, Advocate. versus THE STATE (NCT OF DELHI) & ANR. ........ RESPONDENTS Through: Mr. Raghuvinder Varma, APP for State with SI Devender Singh, PS Govindpuri. None for R-2. CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. The petitioners i.e. Akhtar Malik s/o Sh. Hakimuddin and Hanif Malik s/o Sh. Hakimuddin, vide the present petition seek quashing of the FIR No.461/2013 dated 02.07.2013, PS Govindpuri under Sections 498A/4of the Indian Penal Code, 1860, and the resultant charge sheet submitting to the effect that they have been arrayed as the accused persons in column no.11 without their arrest and that the learned Metropolitan Magistrate vide order dated 11.09.2015 has taken cognizance and issued summons to them, but they are distant CRL.M.C.4416/2015 Page 1 ...


May 30 2019

M/S Tigmanshu Dhulia Films Pvt Ltd. Vs.m/s Rajya Sabha Television (Rst ...

Court: Delhi

Decided on: May-30-2019

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :30. 05.2019 + ARB.P. 124/2019 & IA73632019 M/S TIGMANSHU DHULIA FILMS PVT LTD. ........ Petitioner Through: Mr.Arvind Varma, Sr. Adv. with Mr.Uday Singh, Mr.Vinay Garg, Ms.Saloni Tangri Jawa, Ms.Aditi Mohan, Mr.Saurabh Ajay Gupta, Advs. versus M/S RAJYA SABHA TELEVISION (RSTV) ..... Respondent Through: Ms.Tatini Basu, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) IA73632019(delay of 2 days in filing reply) For the reasons stated in the application, the delay in filing the reply is condoned and the reply is taken on record. Arb.P. 124/2019 1. This petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Agreement dated 21.04.2015. Arb.P. No.124/2019 Page 1 2. The Arbitration Agreement is contained ...


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