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Delhi Court August 2019 Judgments

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Aug 06 2019

Ishak & Ors. Vs.the State (Nct of Delhi) & Ors.

Court: Delhi

Decided on: Aug-06-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 06, 2019 CRL.M.C. 3883/2019 & CRL.M.A. 32956/2019 ISHAK & ORS. Through: Mr. Vikas Jain, Advocate. .....Petitioners Versus THE STATE (NCT OF DELHI) & ORS. .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI Shamesher Singh. Mr. Jitendra & Mr. Anis Ahmad, Advocates with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.15/2013, under Section 498-A/4of IPC, registered Police Station Jaitpur, Delhi is sought on the basis of Mediated Settlement of 3rd November, 2017 and affidavit of respondent No.2 of 6th August, 2019. 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 she has been identified to be so, by SI Shamesher Singh on the basis of identity proof produced by her. CRL.M.C. 3883/2019 Page 1 of 3 Respondent No...


Aug 05 2019

Tata Sia Airlines Limited vs.m/s Pilot18 Aviation Book Store & Anr.

Court: Delhi

Decided on: Aug-05-2019

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:5. h August, 2019 + CS (COMM) 156/2019 TATA SIA AIRLINES LIMITED ..... Plaintiff Through: Ms. Kruttika Vijay, Mr. Aditya Gupta, Mr. Raunaq Kamath and Ms. Manya Hasija, Advocates. (M:96432. 3842) versus M/S PILOT18 AVIATION BOOK STORE & ANR. .... Defendants Through: Mr. Nishad L. S., Advocate with D-2 in person. (M:98181. 0693) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The Plaintiff has filed the present suit seeking permanent injunction, restraining infringement of its registered trademarks, dilution, damages, rendition of account, etc. The Plaintiff is a joint venture of TATA Sons Private Limited (hereinafter, TATA Sons) and Singapore Airlines Limited (hereinafter, SIA). It operates a full-service airlines under the mark VISTARA which undertakes almost 800 weekly flights in India to various destinations. The mark VISTARA has been used by the Plaintiff since 2014 for airline services. The use of the ma...


Aug 05 2019

Pankaj Surana & Ors vs.the State of n.c.t of Delhi & Anr

Court: Delhi

Decided on: Aug-05-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 05, 2019 CRL.M.C. 3834/2019 & CRL.M.A. 32783/2019 PANKAJ SURANA & ORS .....Petitioners Through: Mr. J.K. Sharma & Mr. Naresh Talwar, Advocates Versus THE STATE OF N.C.T OF DELHI & ANR .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI Yogesh Sharma. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.237/2019, under Sections 420/406/506 of IPC, registered at Police Station Ashok Vihar, Delhi is sought on the basis of Memorandum of Understanding of 30th July, 2019 reached between the parties and affidavit of 31st July, 2019 of respondent No.2. Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondent No.2, who is present in Court, is the complainant of FIR in question and he has been identified to be so, by SI Yogesh Sharma, on the basis of identity proof produced by him. Respondent No.2, present in th...


Aug 05 2019

Rajkumar Kuchhal vs.loyal Logistics Pvt. Ltd. & Anr

Court: Delhi

Decided on: Aug-05-2019

$~ 25 & 26 (common order) IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"5th August, 2019 + CRL.M.C. 2827/2019 and Crl.M.A.11442/2019 RAJKUMAR KUCHHAL ........ Petitioner Through: Mr. Ankur Jain, Adv. with Mr. Aayush Gupta, & Mr. Rahul Bindal, Advocates versus LOYAL LOGISTICS PVT. LTD. & ANR ........ RESPONDENTS Through: + CRL.M.C. 2867/2019 and Crl.M.A.11558/2019 RAJKUMAR KUCHHAL ........ Petitioner Through: Mr. Ankur Jain, Adv. with Mr. Aayush Gupta, & Mr. Rahul Bindal, Advocates versus ASIAN CARGO MOVERS & ANR Through ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner had instituted two criminal complaint cases (CC Nos.20042/2016 and 18609/2016) against party respondents in these petitions alleging offences under section 138 of the Negotiable Instruments Act, 1881 having been committed by failure to make the Crl. M.C. No.2827/2019, 2867/2019 Page 1 of 7 payment of the requisite amounts pursuant to notices on demands that had been issued by...


Aug 05 2019

Neerav Jain vs.the State (Govt. Of Nct Delhi)

Court: Delhi

Decided on: Aug-05-2019

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:05. 08.2019 BAIL APPLN. 2036/2018 NEERAV JAIN THE STATE (GOVT. OF NCT DELHI) versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr. Sumit Choudhary and Ms. Aakanksha Bansal, Advs. Mr. Meenakshi Dahiya, Addl. PP for the State with SI Pushpendra Mr. Dushyant K. Mahant, Adv. for complainant CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner seeks anticipatory bail in FIR No.79/2018 under Sections 406/420/120-B IPC Police Station Bara Hindu Rao.2. The allegations in the FIR are that the parties are known to each other being school friends and it is alleged that approximately a sum of Rs.1.74 crores has been advanced to the petitioner as loan in cash and the petitioner has failed to return the same despite several requests. It is alleged that he had even issued cheques to secure BAIL APPLN. 2036/2018 P...


Aug 05 2019

Satish & Ors. Vs.the State & Ors.

Court: Delhi

Decided on: Aug-05-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 05, 2019 CRL.M.C. 3856/2019 & Crl.M.A. 32869/2019 SATISH & ORS. ........ Petitioners Through: Mr. Abdullah Khan, Advocate. Versus THE STATE & ORS. ........ RESPONDENTS Through: Mr. Izhar Ahmed, Additional Public Prosecutor for respondent No.1-State ASI Jagat Narayn Mr. Amit Nahata, Advocate for respondents No.2 to 4. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.99/2017, under Sections 323/324/506/3of IPC, registered at Police Station Kanjhawala, Delhi is sought on the ground that the misunderstanding between the parties stands cleared in terms of Memorandum of Understanding of 1st August, 2019 (Annexure A-2).... Petitioners counsel has handed over affidavits of 5th August, 2019 of respondents No.2 to 4 supporting this petition, which are taken on record. Upon notice, learned Additional Public Prosecutor for respondent No.1-State submits that the complainant party i.e. respondents No.2 to 4 CRL.M....


Aug 05 2019

M/S Jain Foot Comforts Pvt. Ltd. Vs.smt. Jagwati Jain & Anr

Court: Delhi

Decided on: Aug-05-2019

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:5. h August, 2019 + CS (COMM) 860/2018 & I.A. 156/2019 M/S JAIN FOOT COMFORTS PVT. LTD. ..... Plaintiff Through: Mr. Randhir Jain and Mr. Dhananjay Jain, Advocates. (M:9560562050) versus SMT. JAGWATI JAIN & ANR. Through: Mr. Umesh Suri, Advocate ..... Defendants for CORAM: JUSTICE PRATHIBA M. SINGH Applicants. (M:9810424804) Prathiba M. Singh, J.(Oral) 1. The present suit for recovery has been filed by the Plaintiff - M/s Jain Foot Comforts Pvt. Ltd. seeking recovery of a sum of Rs.3,97,23,640/-. The case of the Plaintiff is that the Defendants had approached the Plaintiff for financial help and a loan transaction was agreed to between the parties. The letter written by Defendant No.1 on 20th July, 2015 requested for an advance of Rs.2 crores and a sum of Rs.1.20 crores was disbursed by the Plaintiff to Defendant No.1 on 22nd July, 2015. The same was done by way of RTGS transfer. Defendant No.2 was the guarantor. Subsequent...


Aug 05 2019

M/S Kashish Country Resort Pvt Ltd vs. M/S Bansal Sales Corporation

Court: Delhi

Decided on: Aug-05-2019

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:05.08.2019 + CM(M) 341/2018 & CM APPL. 11520/2018 M/S KASHISH COUNTRY RESORT PVT LTD ........ Petitioner Through: Mr. Ashish Aggarwal, Advocate with Ms. Shefali Kishore, Advocate versus M/S BANSAL SALES CORPORATION ..... Respondent Through: Mr. Abhsihek Aggarwal, Advocate CORAM: HONBLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J.(ORAL) % 1. The petitioner/defendant has filed this petition under Article 227 of the Constitution against an order dated 15.02.2018, passed by ADJ-04 (Central), Tis Hazari Courts, Delhi in Suit No.613077/2016. By the said order, the Trial Court has granted the petitioner/defendant leave to defend the suit instituted by the plaintiff/respondent under Order XXXVII of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) but has imposed the condition of deposit of the entire principal amount claimed, i.e. 5,01,510/-. The contention of the petitioner is that the Trial Court ought not to have ...


Aug 05 2019

Sayed Mashhood Ahmad vs.the State of Nct of Delhi & Ors

Court: Delhi

Decided on: Aug-05-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 05, 2019 CRL.M.C. 3825/2019 & CRL.M.A. 32758/2019 SAYED MASHHOOD AHMAD ........ Petitioner Through: Mr. Ahmad Waseem, Advocate Versus THE STATE OF NCT OF DELHI & ORS .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI C.P. Singh. Respondent Nos. 2 to 4 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.1126/2015, under Sections 354-A/323/506 of IPC, registered at Police Station Jamia Nagar, Delhi is sought on the basis of affidavits of respondent Nos. 2 to 4 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 Nos. 2 to 4, who are present in Court, are the complainants of FIR in question and they have been identified to be so, by SI C.P. Singh, on the basis of identity proof produ...


Aug 05 2019

Rajkumar Kuchhal vs.asian Cargo Movers & Anr

Court: Delhi

Decided on: Aug-05-2019

$~ 25 & 26 (common order) IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"5th August, 2019 + CRL.M.C. 2827/2019 and Crl.M.A.11442/2019 RAJKUMAR KUCHHAL ........ Petitioner Through: Mr. Ankur Jain, Adv. with Mr. Aayush Gupta, & Mr. Rahul Bindal, Advocates versus LOYAL LOGISTICS PVT. LTD. & ANR ........ RESPONDENTS Through: + CRL.M.C. 2867/2019 and Crl.M.A.11558/2019 RAJKUMAR KUCHHAL ........ Petitioner Through: Mr. Ankur Jain, Adv. with Mr. Aayush Gupta, & Mr. Rahul Bindal, Advocates versus ASIAN CARGO MOVERS & ANR Through ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner had instituted two criminal complaint cases (CC Nos.20042/2016 and 18609/2016) against party respondents in these petitions alleging offences under section 138 of the Negotiable Instruments Act, 1881 having been committed by failure to make the Crl. M.C. No.2827/2019, 2867/2019 Page 1 of 7 payment of the requisite amounts pursuant to notices on demands that had been issued by...


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