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Delhi Court September 2019 Judgments

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Sep 11 2019

Rishi Nath Aggarwal vs.saurav & Anr.

Court: Delhi

Decided on: Sep-11-2019

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + RC.REV. 395/2017 Judgment delivered on:11. 09.2019 RISHI NATH AGGARWAL SAURAV & ANR versus ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner: Mr. Kunal Kalra, Adv. For the Respondent: Mr. Ravish Kr. Goyal, Adv CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 30.03.2017 whereby the eviction petition filed by the petitioner has been dismissed by the Addl. Rent Controller, while considering the application for grant of leave to defend to the respondent.2. Subject eviction petition was filed by the petitioner under Section 14 (1) (e) of the DRC Act contending that the petitioners son is aged about 24 years and daughter aged about 28 years, both of whom have done degrees in Masters of Business Administration. It is RC.REV.395/2017 Page 1 of 3 stated that the premises was required bonafide for use and occupation of himself as ...


Sep 11 2019

Wholesale Trading Services P Ltd vs.the Institute of Chartered Account ...

Court: Delhi

Decided on: Sep-11-2019

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :11th September, 2019 + LPA5862019 and CM Nos. 40450, 40451, 40452/2019 WHOLESALE TRADING SERVICES P LTD ..... Appellant Through: Mr. R. Subramanian and Mr. Shailesh Poddar, Advs. Versus THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS ........ RESPONDENTS Through: None CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR % ORDER1109.2019 D.N. PATEL, CHIEF JUSTICE (ORAL) CM APPL. Nos. 40451-40452/2019 (exemption) 1. Exemption allowed, subject to all just exceptions.2. The applications stand disposed of. LPA5862019 1. This Letters Patent Appeal has been preferred by the original petitioner, whose W.P.(C) 8081/2019 was dismissed by the learned Single Judge vide order dated 1st August, 2019 (Annexure A-1) with costs of 1 lakh. LPA5862019 Page 1 of 12 2. Factual matrix This appellant is the original petitioner, who had preferred W.P. (C) 8081/2019 challenging an order, dated 1st February, 2019, passed by ...


Sep 11 2019

M/S Eva Facilities vs.sabbal Singh Negi & Ors

Court: Delhi

Decided on: Sep-11-2019

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. h September, 2019 + W.P.(C) 5095/2016 & CM No.21224/2016 & 39298/2017 M/S EVA FACILITIES ........ Petitioner Through: Ms. Renuka Arora, Advocate. versus SABBAL SINGH NEGI & ORS ........ RESPONDENTS Through: Mr. Lekh Raj Rehalia, Advocate for respondent No.1 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The petitioner has challenged the ex-parte award of the Labour Court whereby the Labour Court awarded reinstatement with back wages to respondent No.1.2. Learned counsel for the petitioner urged at the time of the hearing that the petitioner has its office at KB-2, Qutab Plaza, DLF Phase I, Gurgaon, Haryana 122002 whereas respondent No.1 gave an incorrect address of Leela Palace Hotel, Diplomatic Enclave, Chanakya Puri, New Delhi in the statement of claim. It is submitted that the petitioner was never served with the summons before the Labour Court. It is further submitted that the petitioner inspected the record of t...


Sep 11 2019

Navrang Infrastructure Inc vs.rudra Buildwell Homes Pvt Ltd

Court: Delhi

Decided on: Sep-11-2019

$~A-30 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. 09.2019 O.M.P. (MISC.) 31/2019 NAVRANG INFRASTRUCTURE INC Through: Mr. Anurag Sahay, Mr. Siddhant K. Singh, Advocate for petitioner No.2 ........ Petitioner versus RUDRA BUILDWELL HOMES PVT LTD Through: Counsel for respondent (Presence not ..... Respondent given) CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) I.A. No.12544/2019 (Exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. O.M.P. (MISC.) 31/2019 1. This is a joint petition filed under Section 29A(4) of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act). OMP (Misc) No.31/2019 Page 1 of 2 2. Disputes and differences having arisen between the parties, the arbitration proceedings commenced on 03.06.2017. After expiry of statutory period of 12 months, vide order dated 10.12.2018 passed in OMP (Misc) No.25/2018, this Court granted six months extension for concluding the arbitration...


Sep 11 2019

United India Insurance Company Limited vs.competition Commission of In ...

Court: Delhi

Decided on: Sep-11-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:11. 09.2019 W.P.(C) 1100/2019 & CM APPL. 5026/2019 % + UNITED INDIA INSURANCE COMPANY LIMITED ........ Petitioner versus COMPETITION COMMISSION OF INDIA ..... Respondent Advocates who appeared in this case: For the... Petitioner For the Respondent : Mr Udayan Jain, Mr Kamal Sharma, Advocates. : Mr Samar Bansal, Mr Manan Shishodka, Advocates. CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J JUDGMENT1 The petitioner has filed the present petition impugning an order dated 06.12.2018 passed by the respondent (Competition Commission of India hereafter CCI). By the said impugned order, the petitioner has been directed to deposit interest on account of delay in payment of the penalty, which was imposed on the petitioner for violating the provisions of Section 3 of the Competition Act, 2002 (hereafter the Act). further The petitioner 2. impugns the demand notice dated 01.10.2015 (stated to be received on 07.10.2015 by the petit...


Sep 11 2019

Saraswati Devi & Anr vs.hema Ram & Ors (Sbi General Ins Co Ltd)

Court: Delhi

Decided on: Sep-11-2019

$~9 * % + MAC.APP. 627/2015 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. 09.2019 SARASWATI DEVI & ANR ..... Appellants Through: Mr. S.N. Parashar, Advocate. versus HEMA RAM & ORS (SBI GENERAL INS CO LTD) ........ RESPONDENTS Through: Mr. R.K. Singh, Advocate for R-2. Mr. Aman Shanker and Mr. Gagan Singh, Advocates for SBI General. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award of compensation dated 17.04.2015 passed by the learned MACT in M.A.C. Petition No.57/2013, on two grounds that:-"(i) the multiplier of 14 was taken on the basis of the age of the claimants instead of age of the deceased. The Court notes that the deceased was 22 years of age, therefore, multiplier of 18 ought to have been applied, in view of the dicta of the Supreme Court in National Insurance Co. Ltd. v. Pranay Sethi & Ors. (2017) 16 SCC680 Accordingly, multiplier of 18 shall be applied. Furthermore, the annual earnings of the deceased (a self-employed ba...


Sep 11 2019

Suraj Prakash Gupta & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Sep-11-2019

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. 09.2019 + CRL.M.C. 4541/2019 SURAJ PRAKASH GUPTA & ORS. ........ Petitioner Through Mr. Vinod Kumar Goel and Mr. Abhinav Singh, Advs. versus STATE & ANR. Through Ms. Reema Roy with Mr. Sharad ..... Respondent Vishnoi, Advs. for R-2 Mr. Izhar Ahmed, APP for State SI Ramesh Kumar, PS Nihal Vihar CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) 1. Vide the present petition, the petitioners seek quashing of FIR No.508/2018 dated 07.08.2018 registered at Police Station Nihal Vihar instituted for the offences punishable under Sections 498A/4of the IPC and consequent proceedings arising therefrom.2. Notice issued. CRL.M.C. 4541/2019 Page 1 of 3 3. 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 is taken up for final disposal.4. The petitioner no.1 and respondent no.2 got married on 10.03.2016 as per Hindu ...


Sep 11 2019

Kishan Ghashiya & Ors. Vs.state & Ors.

Court: Delhi

Decided on: Sep-11-2019

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. 09.2019 + CRL.M.C. 4240/2019 KISHAN GHASHIYA & ORS. ........ Petitioners STATE & ORS. Through Mr. Pinku Singh, Advocate. versus ........ RESPONDENTS Through Mr. Panna Lal Sharma, APP with SI Vikash PS Bindapur, SI Balu Ram, PS Sector-23 Dwarka. Mr. Devanand Prasad, Advocate for R-2 and 3. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) Crl.M.A. 34428/2019 (Exemption) Allowed, subject to all just exceptions. This application is, accordingly, disposed of. CRL.M.C. 4240/2019 1. Vide the present petition, the petitioners seek direction thereby quashing FIR No.256/2016 dated 24.03.2016 , registered at PS Bindapur for the offences punishable under Sections 323/354A/452/5IPC and all CRL.M.C. 4240/2019 Page 1 of 3 other proceedings emanating therefrom.2. 3. Notice issued. Notice is accepted by learned APP for the State and counsel for the respondents No.2 & 3.4. With the consent of the counsel for the parties, the...


Sep 11 2019

Dr Rakesh Varma vs.vidya Sagar Bhagat (Deceased) Thr Lrs & Anr

Court: Delhi

Decided on: Sep-11-2019

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h September, 2019. + CM (M) 620/2019 & CM APPL. 18717/2019 DR RAKESH VARMA ........ Petitioner Through: Mr. Shankar Vaidiallingam, Mr. Baldev Krishan & Mr. Shivain Vaidialingam, (M- 9873432071) Advocates versus VIDYA SAGAR BHAGAT (DECEASED) THR LRS & ANR ........ RESPONDENTS Through: Mr. J.K. Bhola, Advocate for LR of D-1 (M-9811211146) Mr. Kuljeet Rawal, Advocate for R-2 (M-8588082727) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The crux of the present petition is property bearing No.D-15, Mansarovar Garden, New Delhi, ad measuring 297 sq. yds. The... Petitioner/Plaintiff - Dr. Rakesh Verma (hereinafter, Plaintiff) filed a suit for specific performance seeking a decree in respect of agreement to sell dated 27th December, 1987 in respect of the suit property. In the suit, reliance was placed on receipt dated 2nd March, 1988, which according to the Plaintiff was an acknowledgment by the owner of the p...


Sep 11 2019

Central Park Estates Pvt. Ltd. & Ors vs.godrej Skyline Developers Priv ...

Court: Delhi

Decided on: Sep-11-2019

$~J- * % + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 152/2019 Judgment Reserved on:23. 04.2019 Judgment Pronounced on:11. 09.2019 CENTRAL PARK ESTATES PVT. LTD. & ORS ...... Plaintiffs Through Mr.Sandeep Sethi, Sr.Adv. with Mr.Peeyoosh Kalra, Ms.Sona Babbar and Mr.Amrik Singh, Advs. GODREJ SKYLINE DEVELOPERS PRIVATE LIMITED & ANR. versus ..... Defendants Through Mr.P.V.Kapur, Sr.Adv. with Mr.V.K.Nagrath, Mr.Siddhant Kapur, Mr.Shrawan Chopra, Mr.Vibhav Mittal, Mr.Bobby Jain, Ms.Kaveri Gupta and Ms.Nancy Roy, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.IA No.4262/2019 and 5080/2019 1. IA No.4262/2019 is filed under Order 39 Rules 1 and 2 CPC praying for an ex parte ad-interim injunction to restrain the defendants, etc. from constructing, developing, marketing, selling and advertising, etc. any housing and real estate projects using the impugned trade mark GODREJ CENTRAL PARK, and or any other trade mark containing the registered trade mark of plaintiff No.1 CENTRAL...


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