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Delhi Court July 2019 Judgments

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Jul 16 2019

Central Warehousing Corporation vs.innovative B2b Logistics Solutions ...

Court: Delhi

Decided on: Jul-16-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Reserved on:12. 04.2019 Date of Decision :16. 07.2019 O.M.P. 284/2015 CENTRAL WAREHOUSING CORPORATION ........ Petitioner Through: Mr.Harish Malhotra, Sr. Adv. with Mr.K.K.Tyagi, Mr.Iftekhar Ahmad, Mr.Anoop Kumar, Advs. versus INNOVATIVE B2B LOGISTICS SOLUTIONS PVT. LTD. ..... Respondent Through: Mr.Sandeep Sethi, Sr. Adv. and Mr.Sacchin Puri, Sr. Adv. with Mr.Rahul Khosla, Mr.Pankaj Prakash, Mr.Kamil Khan, Mr.Sarang Rastogi, Mr.Sandeep Kumar, Mr.Dhan Singh, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 A common judgment has been passed with the lead case being O.M.P. 257/2015 titled Innovative B2B Logistics Solutions Pvt.Ltd. v. Central Warehousing Corporation. For the reasons stated therein, the petition partly succeeds to a limited extent. The parties shall bear their own costs.2. A copy of the aforesaid order in O.M.P. 257/2015 is placed below. JULY16 2019/RN NAVIN CHAWLA, J Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12...


Jul 16 2019

Oriental Insurance Company Ltd. Vs.neha Adhukiya & Ors.

Court: Delhi

Decided on: Jul-16-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI $~16 * % + MAC.APP. 706/2018, CM APPL. 30601/2018 ORIENTAL INSURANCE COMPANY LTD Decided on:16. 07.2019 ..... Appellant Through: Mr. Tarkeshwar Nath and Mr. B.K. Pandey, Advs. Versus NEHA ADHUKIYA & ORS ........ RESPONDENTS Through: Mr. Sunil Dalal with Mr. Pradeep Sehrawat, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. At the outset the learned counsel for R-1 submits that spelling of the name of R-1 has been misspelt and it should read as Neha Adhukiya instead of Neha Adukiya. In view of the above, it is directed that the name of R-1 shall read as Ms. Neha Adhukiya w/o Sh. Pratik Adukiya.2. This appeal impugns the award of compensation on the grounds that the compensation of Rs.2 lacs each towards loss of enjoyment of life & amenities and pain and sufferings and Rs.50,000/- towards compensation for mental & physical shock is on the higher side.3. It is not in dispute that the injured is a young lady, who at th...


Jul 16 2019

Meenakshi vs.state & Anr

Court: Delhi

Decided on: Jul-16-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI9$~ * + W.P.(CRL) 1905/2019 & Crl.M.A.No.31045/2019 MEENAKSHI Through Mr.Vishesh Wadhwa with ........ Petitioner Mr.Aditya Swarup Aggarwal, Ms.Swadha Gupta and Mr.Mohit Bhandari, Advocates. versus STATE & ANR Through Mr.Rahul Mehra, Standing Counsel ........ RESPONDENTS % for the State with Mr.Chaitanya Gosain and Mr.Anand, Advocates. Inspector Sanjay Kumar, PS Kishangarh. Date of Decision:16. h July, 2019 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT MANMOHAN, J: (Oral) 1. Present writ of habeas corpus has been filed seeking custody of the minor daughter Dimple aged about four years on the ground that she had been forcibly taken away by her father.2. The respondent no.2husband is personally present in Court along with the minor daughter Dimple. He states that he is desirous that the petitioner-wife along with his two children stay with him. He assures this Page 1 of 2 W.P.(Crl.) 1905/2019 Court that he wo...


Jul 16 2019

S Daya Singh & Sons(huf) and Others vs.m/s Som Datt Builders Pvt Ltd.

Court: Delhi

Decided on: Jul-16-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :13. h May, 2019 Date of decision :16. h July, 2019 + O.M.P. 327/2010 S DAYA SINGH & SONS(HUF) AND OTHERS ...Petitioners Through: Mr. Rana Mukherjee, Sr. Advocate with Ms. Madhumitta Bora, Mr. Riju Raj Singh Jamwal, Ms. Kanik Sharma & Ms. Sreoshi Chatterjee, Advocates (M-9810353267) versus M/S SOM DATT BUILDERS PVT LTD. .... Defendant Through: Mr. H.L. Tiku, Sr. Advocate with Mr. Rajesh Bhardwaj, Mr. Ajay Tejpal, Mr. Yashmeet & Ms. Shradha, Advocates (M-9810006861). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed by Daya Singh & Sons (HUF) and others (hereinafter owners) against M/s Som Datt Builders Pvt. Ltd. The petition challenges the impugned award dated 13th March, 2010 passed by the Ld. Arbitral Tribunal by 2:1 majority. The... Petitioner Nos. 2 and 3 are the son and wife of Late Sh. Daya Singh respectively.2. ...


Jul 16 2019

Balkrishan Malhotra vs.department of Post & Ors

Court: Delhi

Decided on: Jul-16-2019

$~25 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 27/2019 BALKRISHAN MALHOTRA ........ Petitioner Through: Mr Ankur Bhasin, Advocate. versus DEPARTMENT OF POST & ORS ........ RESPONDENTS Through: Mr Ajay Digpaul, CGSC with Ms Soumava Karmakar and Mr P. N. Shukla, Advocates with Mr Roop Chand, Asstt. Director New Delhi, H.O. with Mr Manish Goyal, ASP for R-2 to R-5/UOI. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % VIBHU BAKHRU, J ORDER1607.2019 The petitioner has filed the present petition praying that the 1. respondents be directed to release a sum of 23,83,912/- as per the statement of accounts provided to the petitioner along with interest at the rate of 18% per annum with effect from 01.04.2018 till the date of payment.2. The petitioner is a citizen of India. On 25.03.1998, the petitioner opened a Public Provident Fund Account (Account No.16627, subsequently renumbered as Account no.1146651453 hereafter W.P.(C) 27/2019 Page 1 of 13 referred to as the PPF Account) in the name of...


Jul 16 2019

Dish Tv India Ltd vs.prasar Bharti

Court: Delhi

Decided on: Jul-16-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. h July, 2019. CS(COMM) 347/2016 DISH TV INDIA LTD. ..... Plaintiff Through: Mr. Sandeep Sethi, Sr. Adv. with Ms. Nupur Lamba and Ms. Sonal Chhablani, Advs. Versus PRASAR BHARTI Through: Mr. Rajeev .....Defendant Sharma, Ms. Radhalakshmi R., Mr. T. Rajat Krishna and Mr. Saket Chandra, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.20187/2014 (of plaintiff u/O XXXIX R-1&2 CPC) 1. The plaintiff has instituted this suit for permanent injunction restraining the defendant from infringing the trade mark DISHTV of the plaintiff and from passing off the defendants services as that of the plaintiff by adoption of the name / mark FREE DISH and for ancillary reliefs.2. The suit came up first before this Court on 15th October, 2014, when the counsel for the defendant appeared on advance notice. Summons of the suit and notice of the application for interim relief were issued and the counsel for the defendant directed to ta...


Jul 16 2019

Shriram General Insurance Co. Ltd. Vs.jyoti & Ors.

Court: Delhi

Decided on: Jul-16-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:16. 07.2019 MAC.APP. 218/2019 & CM Nos. 6069 & 17450/2019 SHIRIRAM GENERAL INSURANCE CO LTD. ..... Appellant Through: Mr. Amit Kumar Mahajan, Advocate. $~29 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. JYOTI & ORS. The appellant has impugned Versus ........ RESPONDENTS Through: Mr. S. N. Parashar, Advocate for Respondent No.1. the award of compensation of Rs.7,93,000/- to respondent no.1, who has suffered a severe head injury in a motor vehicular accident. The learned Tribunal has awarded the following compensation:-"1. Medical Expenses Loss of income 2.3. Pain and suffering Loss of general amenities and 4. enjoyment of life 5. Conveyance, special diet & attendant charges Rs. 4,29,550/- Rs. 1,13,100/- Rs. 1,00,000/- Rs. 1,00,000/- Rs. 50,000/- Total Rs. 7,92,650/- Rounded off to Rs. 7,93,000/- MAC.APP. No.218-2019 Page 1 of 5 2. The appellant does not dispute the medical expenses of Rs. 4,29,550/-, but conten...


Jul 16 2019

Vikram Bakshi & Ors. Vs.state & Ors.

Court: Delhi

Decided on: Jul-16-2019

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:16. 07.2019 CRL.M.C. + Crl.M.A.9962/2019, Crl.M.A.9963/2019, Crl.M.A.20291/2017, Crl.M.A.7309/2018, Crl.M.A.6071/2019 774/2010 & VIKRAM BAKSHI & ORS. STATE & ORS. versus ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : Mr. Maninder Singh with Mr. Rishi Sood, Mr. Dinhar Takiar, Mr. Anuj Singh and Mr. Sankalp Kohli, Advocates. For the... RESPONDENTS: Mr. Ashish Dutta, APP for the state. Insp. Shambhu Nath, PS EOW. Mr. Deepak Khosla in person with Ms.Himani Kaushik, Adv. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 03.12.2009 whereby the Trial Court has taken cognizance under Sections 177/182/199/200/468/ 471/197/198 read with 628/283(2)A/630 of the Companies Act, on the criminal complaint filed by respondent Nos.2 & 3 as also the company M/s. Montreaux Resorts Pvt. Ltd. and summoned the CRL.M.C...


Jul 16 2019

Shri Ram Naresh Verma & Anr. Vs.state & Ors.

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. 3374/2019 & Crl.M.A. 31057/2019 SHRI RAM NARESH VERMA & ANR. Through: Mr. Sameer Diwan, Advocate ........ Petitioners Versus STATE & ORS. Through: Mr. Izhar Ahmed, Additional ........ RESPONDENTS Public Prosecutor for respondent No.1-State with ASI Pramod Kumar... RESPONDENTS No.2 and 5 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioners seek quashing of FIR No.451/2018, under Section 304A/34 of IPC, registered at police station Moti Nagar, District West, New Delhi on the basis of affidavits of respondents No.2 and 5.... RESPONDENTS No.2 is the widow of deceased- Yunus Khan.... RESPONDENTS No.3 and 4 are minor children of deceased who are represented through their natural guardian-mother. Respondent No.5 is the mother of the deceased. Deceased was employed by petitioner No.1- Contractor for electrical work and he had unfortunately died due to an accidental fall from fourth floor of...


Jul 16 2019

Shobha Aggarwal & Ors. Vs.krishan Kumar & Anr.

Court: Delhi

Decided on: Jul-16-2019

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. h July, 2019 + SHOBHA AGGARWAL & ORS. CS (OS) 347/2018 ..... Plaintiffs Through: Mr. P. K. Aggarwal and Mr. Tannya Sharma, Advocates (M:9643781288) KRISHAN KUMAR & ANR. versus ..... Defendants Through: Mr. P. K. Rawal and Mr. Tarun for D-1 Agarwal, Advocates (M:9810008623) Mr. Kunal Aganpal, Advocate for D-2 (M:9717402777) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) I.A. 9353/2018 (u/O XXXIX Rules 1 & 2 CPC), I.A. 10498/2018 (u/O XXXIX Rule 4 CPC), I.A. 14034/2018 (u/O VI Rule 17 CPC) 1. The Plaintiffs - Smt. Shobha Aggarwal, Smt. Shanta Gupta and Sh. Deepak Kumar, the son of Late Smt. Swarnlata, are the daughters of late Sh. Nitya Nand Aggarwal and Smt. Vidyawati. The Defendants Sh. Krishan Kumar and Sh. Shiv Raj Kumar, are the brothers of Plaintiffs No.1 and 2. Plaintiff No.3 is the son of one daughter of Late Sh. Nitya Nand Aggarwal who is since deceased. Thus, the Plaintiffs, on the one hand, repr...


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