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Delhi Court July 2019 Judgments

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Jul 17 2019

z.d. Wankhede vs.uoi & Ors.

Court: Delhi

Decided on: Jul-17-2019

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:17. 07.2019 + W.P.(C) 7310/2008 Z.D. WANKHEDE Through: Mr. Nitesh Kumar Singh, Advocate ........ Petitioner Versus UOI & ORS. Through: Mr. Bhagwan Swarup Shukla, CGSC ..... Respondent with Mr. Sanam Kumar Shukla, Advocate for UOI Mr. Naresh Kaushi, Mr. Tapasvi Raj, Ms. Vibhuti Tyagi, Advocate for respondent No.4 UPSC Mr. Naushad Ahmed Khan, Additional Standing Counsel (Civil) for Govt. of NCT of Delhi with Mr. Zahid Hanief, Advocate CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH JUDGMENT % JYOTI SINGH, J.(ORAL) 1. The present petition assails the order dated 31.07.2007 passed W.P. (C) No.7310/2008 Page 1 of 12 by the Central Administrative Tribunal in OA5022006 as well as order dated 21.02.2008 in RA No.207/2007. The petitioner has also sought a direction to the UPSC to consider him for promotion in the Indian Forest Service (hereinafter referred to as IFS) w.e.f. 2000 with all consequential benefi...


Jul 17 2019

Dart Industries Inc & Anr vs.vijay Kumar Bansal & Ors

Court: Delhi

Decided on: Jul-17-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. h July, 2019. CS(COMM) 837/2016 DART INDUSTRIES INC & ANR ..... Plaintiffs Through: Mr. Hemant Singh, Ms. Mamta Jha, Ms. Shruttima Ehensa and Ms. Roshanara Rauf, Advs. Versus VIJAY KUMAR BANSAL & ORS ..... Defendants Through: Mr. Sushant Singh and Mr. Kunal CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Khanna, Advs. IA No.15881/2011 (of plaintiffs u/O XXXIX R-1&2 CPC) 1. The two plaintiffs, Dart Industries Inc. and Tupperware India Pvt. Ltd. instituted this suit against the four defendants (i) Vijay Kumar Bansal, (ii) Techno Plast, (iii) Techno Plastic Industries and (iv) Bajrang Crockery Corner, for permanent injunction restraining infringement of design, passing off and for ancillary reliefs, pleading (a) that the plaintiffs belong to the Tupperware Brands Corporation; the plaintiff No.1 is the subsidiary of Tupperware Brands Corporation, United States of America (USA) and the plaintiff No.2 is a subsidiary of plainti...


Jul 16 2019

Jindal Saw Limited vs.aperam Stainless Services and Solutions Precisio ...

Court: Delhi

Decided on: Jul-16-2019

* % + + Versus IUP JINDAL METALS AND ALLOYS LIMITED CS(COMM) Nos.1314/2016 & 45/2017 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. h July, 2019 CS(COMM) 1314/2016 & IA No.6194/2018 (of the plaintiff under Order XIII-A of the Commercial Courts Act, 2015) JINDAL SAW LIMITED ..... Plaintiff Through: Mr. Akhil Sibal, Sr. Adv. with Mr. Dinesh Pardasani, Mr. Parinay T. Vasandani, Ms. Abhilasha Singh, Mr. Nikhil Pratap and Ms. Aastha Bajaj, Advs. Versus APERAM STAINLESS SERVICES AND SOLUTIONS PRECISION SAS AND ORS ..... Defendants Through: Mr. Jayant Bhushan, Sr. Adv. with Ms. Zeba Khair, Ms. Shivambika Sinha, Ms. Mishika Singh and Ms. Anandita Sharma, Advs. for D-1&2. AND CS(COMM) 45/2017 APERAM ALLOYS IMPHY SAS ..... Plaintiff Through: Mr. Jayant Bhushan, Sr. Adv. with Ms. Zeba Khair, Ms. Shivambika Sinha, Ms. Mishika Singh and Ms. Anandita Sharma, Advs. for D-1&2. ..... Defendant Page 1 of 50 Through: Mr. Akhil Sibal, Sr. Adv. with Mr. Dinesh Pardasani, Mr. Parinay T. Vasand...


Jul 16 2019

Vinod Alias Ganja & Ors. Vs.state of Nct of Delhi

Court: Delhi

Decided on: Jul-16-2019

$~R-1A * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: July 16, 2019 % + CRL.A. 26/2010 VINOD alias Ganja & ORS. ..... Appellants Through: Mr. Anurag Jain and Ms. Ayushi Sharma, Advs. with appellant Nos. 1 & 4 in person. versus STATE OF NCT OF DELHI ..... Respondent Through: Mr. Tarang Srivastava, APP with ASI Jatan Swaroop, PS Krishna Nagar. CORAM: HON'BLE MR. JUSTICE A.K.CHAWLA A.K. CHAWLA, J.(ORAL) By the instant Regular Appeal all the four convicts assailed the judgment of conviction under Section 3IPC dated 21.11.2009, and, the order on sentence dated 23.11.2009, passed by ld. ASJ, East-III, Karkarooma.2. At the onset, it comes to be pointed out that vide judgment dated 09.10.2013, one of the convicts - appellant No.3 was directed to be released on probation of good conduct while maintaining his conviction for the offence under Section 3IPC. Simultaneously, it also comes to be CRL.A.26/2010 Page 1 of 4 pointed out by Mr. Srivastava, ld. APP that during the pendency of ...


Jul 16 2019

Deepak Bajaj & Ors. Vs.state of Nct of Delhi & Anr.

Court: Delhi

Decided on: Jul-16-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 3371/2019 DEEPAK BAJAJ & ORS. Date of Order: July 16, 2019 .....Petitioners Through: Mr. Vishal Gosain and Mr. N. Ahuja, Advocates versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for respondent- State with SI S.K. Singh Mr.Shakeel Sarwar, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) CRL.M.A. 31053/2019 (Exemption) Allowed subject to all just exceptions. CRL.M.C. 3371/2019 Quashing of FIR No.473/2017 under Sections 420/4of IPC, registered at Police Station Saket, Delhi is sought on the basis of Mediated Settlement of 6th June, 2019 and affidavit of 12th July, 2019 of respondent No.2 and on the ground that the dispute/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 i...


Jul 16 2019

Reliance Industries Limited vs.gail(india) Limited

Court: Delhi

Decided on: Jul-16-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. 03.2019 Date of Decision :16. 07.2019 + O.M.P. 597/2012 & IA119562012 RELIANCE INDUSTRIES LIMITED ........ Petitioner Through: Mr.Paras Kuhad, Sr. Adv. with Mr.K.R.Sariprabhu, Mr.Shubranshu Padhi, Mr.Jitin Chaturvedi, Ms.Aditi Tripathi, Mr.Shuaib Hussain, Mr.Vishnu Sharma & Mr.Kavin, Advs. GAIL(INDIA) LIMITED versus ..... Respondent Through: Mr.Dhruv Mehta, Sr.Adv. with Ms.Manmeet Arora, Mr.Sarad K Sunny & Mr.Harkirat Singh, Advs. + O.M.P. 648/2012 M/S GAIL(INDIA) LTD ........ Petitioner Through: Mr.Dhruv Mehta,Sr. Adv. with Ms.Manmeet Arora, Mr.Sarad K Sunny & Mr.Harkirat Singh, Advs. versus M/S RELIANCE INDUSTRIES LTD ..... Respondent Through: Mr.Paras Kuhad, Sr. Adv. with Mr.K.R. Sariprabhu, Mr.Shubranshu Padhi, Mr.Jitin Chaturvedi, Ms.Aditi Tripathi, Mr.Shuaib Hussain, Mr.Kavin and Mr.Vishnu Sharma, Advs. OMP Nos.597 & 648/2012 Page 1 CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 These petitions have been filed under Section 34 o...


Jul 16 2019

Babu & Ors. Vs.vikas Duggal & Ors. (The New India Assurance Co. Ltd.)

Court: Delhi

Decided on: Jul-16-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:16. 07.2019 MAC.APP. 1163/2018 Through: Mr. Partap Singh, Advocate. ..... Appellants BABU & ORS. $~20 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. Versus VIKAS DUGGAL & ORS (THE NEW INDIA ASSURANCE CO LTD) ........ RESPONDENTS Through: Mr. D. K. Sharma, Advocate. The appellants are aggrieved by the quantum of compensation awarded on account of the unfortunate loss of life of a young boy of 22 years. While calculating the loss of dependency for the motor accident fatality, the learned Tribunal has taken into consideration the minimum wages applicable to an unskilled worker in Uttar Pradesh at the relevant time. It has reasoned as under:-"11. As far as the income of the deceased is concerned, PW-1 has stated that the deceased was selling Dari and Bed Sheets and earning Rs. 15,000/- p.m. During cross-examination he stated that the deceased was working in Delhi. He used to sell mats and bed sheets on his cycle. H...


Jul 16 2019

M/S Shiel Trade Venture Private Limited vs.m/s Samsung India Electroni ...

Court: Delhi

Decided on: Jul-16-2019

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:14.11.2018 Pronounced on:16.07.2019 OMP(COMM) No.248/2017 M/S SHIEL TRADE VENTURE PRIVATE LIMITED........ Petitioner Through: Mr. Ankit Virmani with Ms. Manasi Kumar, Advs. versus M/S SAMSUNG INDIA ELECTRONICS PRIVATE LIMITED ... Respondent Through: Mr. Prashanto Chandra Sen, Sr. Adv. with Mr. Niraj Singh, Mr. Deepak Jaiswal and Mr. Atipra, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.1. This is a petition preferred under Section 34 of the Arbitration and Conciliation Act, 1996 (in short 1996 Act) to assail the award dated 9 March 2017. The learned arbitrator via the impugned award has held that the respondent is entitled to payment of a sum of Rs.94,38,327.13 along with interest at the rate of 7% per annum with effect from 31 December 2010 till the date of the award. Furthermore, the learned arbitrator has also awarded a sum of Rs.7,50,000/- towards costs in favour of the respondent. In the OMP(COMM) No....


Jul 16 2019

Ambuj a Kasliwal & Anr vs.kotak Mahindra Bank Pvt Ltd & Ors

Court: Delhi

Decided on: Jul-16-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI $~52 * + Date of Decision:16. 7.2019 % W.P.(C) 7530/2019 AMBUJ A KASLIWAL & ANR ........ Petitioners Through: Mr. Rajiv Nayyar, Sr. Adv. with Mr. Ankur Sood, Mr. Sidhant Kumar, Mr. Ankush Bhardwaj, Advocates. Versus KOTAK MAHINDRA BANK PVT LTD & ORS ........ RESPONDENTS Through: Mr. T.K.Ganju, Sr. Adv. with Mr. Suresh Dobhal, Mr. Prarthna Dogra and Ms. Kanchan Dobhal, Advocates for R-1. Mr. Sudhir Kumar Makkar, Sr. Adv. with Ms. Jayashree Shukla Dasgupta, Advocates for R-2. Mr. Ashish Rana, Adv. for R-4. Mr. Akhil P. Chhabra and Ms. Ritu Chhabra Advocates for R-5. Ms. Aditi Sharma, Adv. for R-6. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR VIPIN SANGHI, J.(ORAL) 1. Issue notice. Counsels for the respondents no.1, 2, 4,5 and 6 accept notice. The other respondents are proforma respondents and in view of the W.P.(C.) No.7530/2019 Page 1 of 7 order that we propose to pass, we do not consider it necessary to issue noti...


Jul 16 2019

Vikash & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Jul-16-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: July 16, 2019 CRL.M.C. 3361/2019 & Crl.M.A. 31027/2019 VIKASH & ORS. ........ Petitioners Through: Mr. Ghanshyam, Mr. Salim Babu & Mr. S.K. Kaushik, Advocates. Versus STATE & ANR. ........ RESPONDENTS Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent No.1-State with SI Amolak Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.113/2014, under Sections 498A/4of IPC, registered at Police Station Swaroop Nagar, Delhi is sought on the basis of mediated settlement of 19th March, 2018 and affidavit of 3rd July, 2019 of respondent No.2/complainant. Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondent No.2, present in Court, is the complainant of FIR in question and she has been identified to be so, by SI Amolak, on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that mediated Crl.M.C...


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