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Delhi Court August 2019 Judgments

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Aug 30 2019

Nipun Garg & Ors vs.state & Anr

Court: Delhi

Decided on: Aug-30-2019

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. 08.2019 + CRL.M.C. 4279/2019 NIPUN GARG & ORS ........ Petitioners Through: Mr.Prashant Diwan, Adv. with Mr.Brajesh Dwivedi, Adv. versus STATE & ANR Through: Mr.M.S. Oberoi, APP for State. ASI Yag Dutt PS KNK Marg. Mr.Neeraj Kumar, Adv. for R-2. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) Crl.M.A. 34601/2019 (Exemption) Allowed, subject to all just exceptions. This application is, accordingly, disposed of. Crl.M.C. 4279/2019 Vide the present petition, the petitioners seek quashing of FIR No.409/2018 dated 17.11.2018 registered at Police Station K.N. Katju Marg instituted for the offences punishable under Sections 498A/406/509 of the IPC and consequent proceedings arising therefrom. CRL.M.C. 4279/2019 Page 1 of 3 Notice issued. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition...


Aug 30 2019

Tanya Singh & Ors vs.university of Delhi & Ors

Court: Delhi

Decided on: Aug-30-2019

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA5592019 and CM APPL. 38982-38983/2019 % 1. TANYA SINGH & ORS ..... Appellants Through: Mr. Mritunjay Kumar Singh and Ranjana Tiwary, Advocates . versus UNIVERSITY OF DELHI & ORS ........ RESPONDENTS Through: Mr. Mohinder J.S. Rupal, Advocate with Ms. Aditi Shastri and Mr. Kaushik Ghosh, Advocates for respondents No.1 & 2. Mr. Preet Pal Singh and Mr. Saurabh Sharma, Advocates for respondent No.3, BCI. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SANJEEV NARULA The appellants are aggrieved by the rejection of their writ petition by ORDER3008.2019 the learned Single Judge vide order dated 8.8.2019, declining their prayer for issuing directions to the respondent No.1/University of Delhi and the respondent No.2/Faculty of Law for allocating unreserved category seats to them in the respondent No.2, for the Academic Year 2019-20 in terms of the Guidelines dated 20.7.2019 and rejecting their plea that the reserved category candid...


Aug 29 2019

Cargill India Pvt Ltd vs.gati Ltd

Court: Delhi

Decided on: Aug-29-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. h July, 2019 Pronounced on:29. h August, 2019 + CS (COMM) 740/2017 CARGILL INDIA PVT LTD ..... Plaintiff GATI LTD Through: Mr. Pravin Anand and Mr. Vibhav Mithal, Advocates. versus ..... Defendant Through: Mr. T.K Tiwari, Advocate CORAM: JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J I.A. No.16635/2018 (application under Section 124 of the Trademarks Act read with Order 14 Rule 5 and Section 151 of CPC.1. Plaintiff has filed the present suit for permanent injunction restraining infringement of trademark, passing of, damages, delivery up etc.2. It is the case of Plaintiff that it is the registered proprietor of the trademark "NATUREFRESH' and the Defendant is using an identical trademark "GATI Nature Fresh Apples" (hereinafter referred to as the impugned CS (COMM.) 740/2017 Page 1 of 12 mark) and infringing Plaintiff's statutory and common law rights. Defendant is contesting the suit on the ground that the words "NATURE FRESH"...


Aug 29 2019

Deepak Mehta vs.desh Bandhu Garg & Anr

Court: Delhi

Decided on: Aug-29-2019

$~10 &11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h August, 2019 + + DEEPAK MEHTA CM(M) 296/2017 ........ Petitioner Through: Mr. Parvinder Chauhan, Advocate. (M:9868102274) DESH BANDHU GARG & ANR versus ........ RESPONDENTS Through: Mr. Deshbandu, R-1 in person. (M:9136388183) Mr. Tushar Thareja, Advocate for R (M:9899324444) AND DEEPAK MEHTA CM(M) 755/2018 & CM APPL. 26964/2018 ........ Petitioner Through: Mr. Parvinder Chauhan, Advocate. (M:9868102274) DESH BANDHU GARG & ANR versus ........ RESPONDENTS Through: Mr. Deshbandhu, R-1 in person.(M:9136388183) Mr. Tushar Thareja, Advocate for R (M:9899324444) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) CM(M) 296/2017 1. The present petition arises out of order dated 23rd January, 2017. The genesis of the disputes between the parties is a collaboration agreement entered into by the... Petitioner - Shri. Deepak Mehta who is also the Plaintiff in the suit (hereinafter Plaintiff) on 15th March, 2013 wit...


Aug 29 2019

Mamta Rani & Anr vs.iffco Tokio Gen Ins Co Ltd & Ors

Court: Delhi

Decided on: Aug-29-2019

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Decided on:29. 08.2019 MAC.APP. 320/2018 MAMTA RANI & ANR ..... Appellants Through: Mr. Anshuman Bal, Advocate. versus IFFCO TOKIO GEN INS CO LTD & ORS ........ RESPONDENTS Through: Mr. A.K. Soni and Mr. Pavan Kumar, Advocates for insurance company. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal seeks enhancement of award of compensation on the two grounds: i) that the impugned order has erred in not granting 40% towards loss of future prospects and, ii) since the deceased was 32 years of age, multiplier of 16 ought to have been applied instead of 11, in terms of the dicta of the Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi & Ors. (2017) 16 SCC680 The said contention is fairly not disputed by the learned counsel for the insurance company.2. In view of the above, the appellants shall be entitled to relief, in terms of the aforesaid contention.3. The appellants shall also be entitled to comp...


Aug 29 2019

Union of India & Ors vs.sakshi Batra

Court: Delhi

Decided on: Aug-29-2019

$~17. * IN THE HIGH COURT OF DELHI AT NEW DELHI + % LPA682019 Date of Decision:29. h August, 20 1. UNION OF INDIA & ORS ..... Appellants Through: Ms.Shiva Lakshmi, CGSC with Ms.Pragya Wal, Mr.Siddharth Singh, Adv. Versus ..... Respondent SAKSHI BATRA CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR Through: Mr.Rajiv Gupta, Adv. ORDER D. N. PATEL, Chief Justice (Oral) This Letters Patent Appeal has been preferred challenging the judgment and order dated 7th September, 2018 passed by the learned Single Judge in W.P.(C) No.9426/2018, whereby the petition preferred by the respondent (original petitioner) was allowed, and a direction has been given to the appellant Union of India to issue a passport with 26th August, 1992 as the rectified date of birth.2. Having heard the learned counsel for the parties and looking to the facts and circumstances of the case, it appears that the respondent preferred the writ petition, W.P.(C) No.9426/2018 for seeking direction upon the ap...


Aug 29 2019

M/S Wear Well India Pvt. Ltd. Vs.regional Provident Fund Commissioner, ...

Court: Delhi

Decided on: Aug-29-2019

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. 08.2019 + W.P.(C) 8826/2019 & C.M. No.36490/2019 M/S WEAR WELL INDIA PVT. LTD. Through: Mr. S.K. Khanna, Advocate. ........ Petitioner versus REGIONAL PROVIDENT FUND COMMISSIONER, AND ANR. ........ RESPONDENTS Through: Mr. Shivanath Mahanta, Advocate with Mr. Saurabh Kumar, Regional P.F. Commissioner-II. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J.(ORAL) W.P.(C) 8826/2019 & CM No.36490/2019 (for stay) 1. The present petition under Articles 226 and 227 of the Constitution of India seeks quashing of the show-cause notice dated 19.07.2018 as also the order passed by the respondents under Section 7Q of the Employees Provident Funds & Miscellaneous Provisions Act, 1952 (the PF Act for short) on 16.01.2019 whereby the petitioner has been directed to pay a sum of Rs.46,32,737/- as penal interest for the period 19.01.2014 to 02.06.2018. The petitioner also seeks quashing of the consequential attachment order dated 13...


Aug 29 2019

Landbase India Ltd vs.pradeep Jain & Anr

Court: Delhi

Decided on: Aug-29-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h August, 2019 CS(COMM) 922/2016, IA No.13898/2013 (u/O XXXIX R- 1&2 CPC), IA No.18159/2013 (u/O XXXIX R-2A CPC) & IA No.6077/2014 (u/O XXXIX R-4 CPC) LANDBASE INDIA LTD ..... Plaintiff Through: Mr. Sahil Sethi & Mr. Shivam Sharma, Advs. along with Mr. B. Hariharan, Managing of the plaintiff. PRADEEP JAIN & ANR Versus ..... Defendants Through: Ms. Anusuya Nigam & Ms. Vrinda Pathak, Advs. with defendant no.1 Mr. Pradeep Jain in person. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit to restrain the defendants, Pradeep Jain and Silver Glades Holdings Pvt. Ltd. from using the mark LABURNUM, THE LABURNUM, LABURNUM2 or the device or any other mark or device containing the word LABURNUM and for ancillary reliefs.2. The suit came up first before this Court on 3rd September, 2013 when the same was entertained and vide ex parte order dated 3rd September, 2013, the defendants restrained from ...


Aug 29 2019

Oriental Insurance Co. Ltd. Vs.master Aarav Bhargava & Ors.

Court: Delhi

Decided on: Aug-29-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. 08.2019 MAC.APP. 332/2019 & CM No.10372/2019 ORIENTAL INSURANCE CO LTD. $~25 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. MASTER AARAV BHARGAVA & ORS. Versus Through: Mr. R. K. Tripathi, Advocate. ..... Appellant ........ RESPONDENTS Through: Mr. Bhupesh Narula, Advocate for Respondent No.1. The appellant impugns the award of compensation dated 15.12.2018 passed by the learned MACT in MACT No.356707/2016 on the ground that against a whole body disability of 68%, 100% functional disability has been computed and even otherwise, the quantum of the Award is on the higher side.2. The aforesaid arguments are refuted by the learned counsel for the injured-victim/respondent no.1. He submits that in fact the compensation granted is on the lower side, it should be enhanced and no case is made out for its reduction. He relies upon the judgment of the Supreme Court in R. K. Malik and Anr. vs. Kiran Pal and Ors., (200...


Aug 29 2019

Oriental Insurance Co Ltd. Vs.ajay Gaur & Ors

Court: Delhi

Decided on: Aug-29-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. 08.2019 MAC.APP. 335/2019 & CM Nos.10378/2019 Through: Mr. R. K. Tripathi, Advocate. ..... Appellant ........ RESPONDENTS Through: Mr. Bhupesh Narula, Advocate for Respondent No.1. ORIENTAL INSURANCE CO LTD. $~28 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. AJAY GAUR & ORS. Versus This appeal impugns the award of compensation dated 15.12.2018 passed by the learned MACT in MACT No.356704/2016 on the ground that the grant of 50% towards loss of future prospects is contrary to the decision of this Court in United India Insurance Co. Ltd. vs. Pappu Deo Yadav & Ors. MAC. APP. 520/2016 decided on 13.09.2018. However, the same is no more applicable because in view of the dicta of the Supreme Court in Parminder Singh vs. New India Assurance Co. Ltd. & Ors., 2019 SCC OnLine SC802decided on 01.07.2019, 50% towards loss of future prospects was granted to a person who had been debilitated for life.2. Furthermore, thi...


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