Delhi Court August 2019 Judgments
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Nav Shakti Educational Society vs.laxman Public School Society & Ors
Court: Delhi
Decided on: Aug-26-2019
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:20. h August, 2019 Pronounced on:26. h August, 2019 CM(M) 791/2019 NAV SHAKTI EDUCATIONAL SOCIETY ........ Petitioner Through : Mr.Sanjeev Sindhwani, Senior Advocate with Ms.Vasundhra Bhardwaj, Advocate. LAXMAN PUBLIC SCHOOL SOCIETY & ORS versus ........ RESPONDENTS Through : Mr.Rajinder Singh, Advocate for R-1. Mr.I.S.Alag, Senior Advocate with Mr.Moinuddin Khan Advocate for R-2. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. The question involved in these proceedings is if the petition under Article 227 of the Constitution of India is maintainable or the petitioner ought to have filed a Second Appeal against the impugned order 22.03.2019 passed by the learned Additional District Judge 09, Central District, Tis Hazari Courts, Delhi.2. The brief facts which led to the filing of the petition are an application under Order IX Rule 13 CPC was filed by the respondent herein in a Civil Suit filed by the petitioner h...
Kishan Devnani vs.state & Anr
Court: Delhi
Decided on: Aug-26-2019
$~ IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: August 07, 2019 Decided on: August 26, 2019 + CRL.M.C. 500/2019 KISHAN DEVNANI ........ Petitioner Through: Mr. Sudhir Nandrajot, Sr. Adv. with Ms. Biji Rajesh, Ms. Ishita Baruah & Ms. Arti Mehta, Advs. versus STATE & ANR ........ RESPONDENTS Through: Mr. Sanjeev Sabharwal, APP for the State. Respondent no.2 in person. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT1 On the criminal complaint (CC No.523311/2016 earlier No.CC No.63/1C/2015) of the second respondent (complainant), the petitioner (along with certain others) has been summoned by the Metropolitan Magistrate, by her order dated 18.01.2018, to appear as an accused and be answerable on accusations of complicity in certain acts statedly constituting offences punishable under Sections 197 and 198 read with Section 34 of Indian Penal Code, 1860 (IPC). The petitioner had assailed the said summoning order in the court of Sessions by criminal revision No.739/2018 but without suc...
Warner Bros. Entertainment Inc. Vs.moviesflix.net & Ors.
Court: Delhi
Decided on: Aug-26-2019
$~27 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 457/2019, I.As. 11595-11597/2019 WARNER BROS. ENTERTAINMENT INC. ..... Plaintiff Through: Mr. Sai Krishna Rajagopal, Ms. Disha Sharma, Ms. Snehima, Ms. Surabhi Pande and Mr. Vivek Ayyagari, Advs. versus MOVIESFLIX.NET_& ORS. Through: ..... Defendants CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO % ORDER2608.2019 I.A. 11596/2019 (for exemption) Exemption allowed subject to all just exceptions. The application stands disposed of. I.A. 11597/2019 (under Section 80 CPC) Issue notice to the non-applicants / Defendant Nos. 24 and 25 by all modes including email, returnable on 24th October 2019. CS(COMM) 457/2019 1.2. Let the plaint be registered as a suit. Issue summons to the Defendant Nos. 1 to 14 through email and to Defendant Nos. 15 to 25 through all modes upon filing of Process Fee.3. The summons to the Defendants shall indicate that a written statement to the plaint shall be filed positively within 30 days from date of receipt of ...
Emami Limited vs.shree Baidyaraj Ayurved Bhawan Private Limited
Court: Delhi
Decided on: Aug-26-2019
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:24. h July, 2019 Date of decision:26. h August, 2019 + CS (COMM) 275/2019 EMAMI LIMITED ..... Plaintiff Through: Mr. Jayant Mehta, Advocate Mr. Avishkar Singhvi, Ms. Roohina Dua and Mr. Cheitanya Madan, Advocates. (M:85889. 9380) versus SHREE BAIDYARAJ AYURVED BHAWAN PRIVATE LIMITED ..... Defendant Through: Mr. Pravin Anand, Mr. Manish Biala and Mr. Ashutosh Upadhayay, Advocates. (M:98103. 3571) CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.I.As. 7708/2019 (u/O XXXIX Rules 1 & 2 CPC) & 8563/2019 (u/O XXXIX Rules 3A and 4 CPC) 1. The present order disposes of the applications under Order XXXIX Rules 1 and 2 CPC and Order XXXIX Rules 3A and 4 CPC. Brief Facts 2. The Plaintiff Emami Ltd. has filed the present suit seeking protection of the mark ZANDU PANCHARISHTA and PANCHARISHTA. The case of the Plaintiff is that the product ZANDU PANCHARISHTA was launched in the year 1968 by Zandu Pharmaceutical Works ltd. This C...
Sh. Hargovind Ram and Ors. Vs.south Delhi Municipal Corporation and Or ...
Court: Delhi
Decided on: Aug-23-2019
$~04 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12297/2018 % 1. SH. HARGOVIND RAM AND ORS. Through Mr. Mobin Akhtar, Advocate. ........ Petitioner versus SOUTH DELHI MUNICIPAL CORPORATION AND ORS. ..... Respondent Through Ms. Sangeeta Chandra, Advocate for SDMC. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON ORDER2308.2019 The present petition has been filed by seven petitioners praying inter alia for the following reliefs:-"(a) Issue a writ, order, directions in the nature of mandamus to... RESPONDENTS restraining them to evict the... Petitioners from their vending/hawking sites and conduct the survey, identify them in the said survey and allow the... Petitioners to carry out their trade and business at their sites till they are registered. (b) Direct the Respondent No.1 & 3 to constitute the Town Vending Committee in a time bound manner, if it is not constituted. (c) license... Petitioners. Direct the Respondent No.1 and 3 to issue of Tehbazari/Vending/...
Amarita Martindale & Anr. Vs.sanjay Mohan Baqaya
Court: Delhi
Decided on: Aug-23-2019
$~12 * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 452/2018, IA No.12408/2018(u/O.XXXIX R.1&2CPC) AMARITA MARTINDALE & ANR. ..... Plaintiffs Through: Mr. Sarvesh Singh with Ms. H.K. Brar, Advs. SANJAY MOHAN BAQAYA Versus ..... Defendant Through: Mr. Anil Kaushik with Mr. Abhishek Mishra & Mr. Akash Bhardwaj, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER2308.2019 The two plaintiffs, viz. Amarita Martindale and Sushma Goffroy, have instituted this suit for (i) partition of property No.C-2, Nizamuddin East, New Delhi; (ii) permanent injunction restraining the defendant from dealing with the property; (iii) declaration that the documents if any prepared by the defendant, claiming exclusive ownership of the property are null and void; and, (iv) rendition of accounts with respect to the property against the defendant who is the son of the brother of the plaintiffs father, pleading that (a) Sham Mohini Baqaya being the grandmother of the two plaintiffs as well as the sol...
R D Batra vs.suresh Gulati
Court: Delhi
Decided on: Aug-23-2019
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 08.2019 RC.REV. 281/2019 & CM APPL. 21052/2019, 28272/2019 R D BATRA SURESH GULATI versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Sagar Saxena, Adv. For the Respondent : Mr. Shiv Charan Garg, Mr. Vinay Sharma and Mr. Imran Khan, Advs. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns judgment dated 23.10.2018 whereby leave to defend application of the petitioner has been rejected.2.... Petitioner was tenant in a shop in property bearing No.3565, Ward No.14, Gali Takia Tawakel Shah, Qutub Road, Sadar Bazar, measuring 7 ft. x 38 ft, more particularly as shown in red colour in the site plan annexed to the eviction petition.3. Respondent filed the subject eviction petition contending that the said premises were given on rent for commercial/godown RC REV. 281/2019 Page 1 of 5 purposes to the petitioner...
Bhagwan Dass vs.usha Tyagi
Court: Delhi
Decided on: Aug-23-2019
$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d August, 2019 + CM(M) 1229/2019 and CM Appl. 37697/2019 BHAGWAN DASS ........ Petitioner Through: Mr. Deepak Sharma, Advocate (M:98689. 5967). versus USHA TYAGI ..... Respondent Through: None. CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) CM Appl. 37698/2019 (exemption) 1. Exemption allowed, subject to all just exceptions. Application is disposed of. CM(M) 1229/2019 And CM Appl. 37697/2019 2. The present petition has been filed challenging the order passed by the District and Sessions Judge in an appeal under Section 38 of the Delhi Rent Control Act, 1958 wherein leave to amend the written statement by the... Petitioner-Tenant was rejected.3. The background is that a petition under Section 14D came to be filed by Smt. Usha Tyagi before the Rent Control Tribunal. The property in question is property bearing No.WZ-41, Basai Dara Pur New Delhi-110015. Ld. counsel submits that the... Petitioner herein was g...
State Nct of Delhi vs.jatin Kapoor
Court: Delhi
Decided on: Aug-23-2019
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23.08.2019 + CRL.REV.P. 731/2017 STATE NCT OF DELHI ........ Petitioner Through: Mr. Hirein Sharma, APP for State with SI Dharamvir Singh, PS CWC, Nanak Pura versus JATIN KAPOOR ..... Respondent Through: None CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL.M.A160812017 (Exemption) 1.2. Allowed, subject to all just exceptions. This application is, accordingly, disposed of. CRL.REV.P. 731/2017 and CRL.M.A160802019 3. Vide the present revision petition, the petitioner State seeks setting aside the part of the order dated 04.05.2017 whereby the respondent was discharged for offence U/s 313 IPC and consequently direct framing of charges U/s 313 IPC.4. The present revision petition is filed on the ground that learned trial court while passing the impugned order dated 04.05.2017 ignored the fact that there is a specific allegation in the complaint of the complainant that the CRL.REV.P. 731/2017 Page 1 of 6 accus...
Promila Nagpal vs.mcd and Anr
Court: Delhi
Decided on: Aug-23-2019
$~A-3 * % IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8513/2011 PROMILA NAGPAL Date of Decision:23. 08.2019 ........ Petitioner Through Mr.R.M.Bagai & Ms.Preeti Sharma, Advs. alongwith son of the petitioner in person versus MCD AND ANR ..... Respondent Through Ms.Mansi Gupta, Adv. for R1/MCD Mr.Puneet Saini, Adv. for R-3. Mr.Amit Mahajan & Mr.Sachin Khapra, Advs. for respondent Nos. 5a to 5c, 6 to 8, 9a to 9e, 11a to 11c, 12, 13, 15,16,17, 18 & 20. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents to comply with the order dated 12.10.1999 passed under section 344 of the MCD Act; and also a writ of mandamus, or writ order, or direction to the respondents to demolish the said premises/building Nos.3203 to 3209, Ram Bazar (earlier known as Mohd. Ali Bazar), Mori Gate, Delhi- 110 006.2. A perusal of the notice dated 12.09.1999...
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