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May 18 2018 (HC)

Jee Office vs.meenakshi Sharma & Anr

Court : Delhi

.....single judge, permitting the respondents/writ petitioners to appear in the jee (advanced) examination-2018 to be held for 2018 on 20.05.2018. the factual background is that the joint entrance examinations is an all india procedure for the year 2018 examination, for which the process began on 01.01.2018 with the publication of the brochure, which indicated that the eligible candidates were to apply. the first part of the examinations i.e. the jee (mains) is an objective type test; it was concededly held on 08.04.2018. according to the time-line, the answer keys to the examination choice of question were published on 24.04.2018; any candidate who wished to object to the correctness of the answer keys could do so after following the procedure in the lpa2892018 & lpa2902018 page 2 of 8 format provided for that purpose for three days upto 27.04.2018. here again, it is not in dispute that the writ petitioner did object to the answer keys and model answers so far as four answer keys were concerned in the physics and chemistry section of the examination. apparently, two member technical expert team for the concerned questions for each subject examined the objections and dealt with.....

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May 18 2018 (HC)

Jitender Bhati and Ors. Vs.district and Sessions Judge, Tis Hazari and ...

Court : Delhi

.....4622/2018 titled sagar pratap singh v. district and session judge, tis hazari (hqs) and ors., has been already disposed of by this court vide order of 2nd may, 2018 by permitting sagar pratap singh to make a fresh and detailed representation to first respondent within two weeks.2. in this petition, i see no reason to take a different view than the one taken by me in the order of 2nd may, 2018. accordingly, this petition is disposed of with permission to petitioners to make a composite and detailed representation to first respondent within two weeks from today. w.p.(c) 5357/2018 page 1 of 2 3. learned counsel for petitioners submits that such a representation would be made to first respondent by first petitioner on his behalf as also on behalf of other petitioners and that first respondent be directed to give a speaking response to the said representation within two weeks as the selection for the posts in question is likely to be finalized soon.4. on parity, let first respondent consider the representation so filed on behalf of petitioners by passing a speaking order thereon, within a period of twelve weeks from its receipt and the fate of the representation be conveyed to.....

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May 18 2018 (HC)

Roshan Lal vs.m/s Delhi Jal Board Through Its Executive Officer

Court : Delhi

.....as under:-"“18. a review of the above legal position would establish that the disciplinary authority, and on appeal the appellate authority, being fact-finding authorities have exclusive power to consider the evidence with a view to maintain discipline. they are invested with the wp (c) 5297/2018 page 4 of 8 discretion to impose appropriate punishment keeping in view the magnitude or gravity of the misconduct. the high court/tribunal, while exercising the power of judicial review, cannot normally substitute its own conclusion on penalty and impose some other penalty. if the punishment imposed by the disciplinary authority or the appellate authority shocks the conscience of the high court/tribunal, it would appropriately mould the relief, either directing the disciplinary/appellate authority to reconsider the penalty imposed, or to shorten the litigation, it may itself, in exceptional and rare cases, impose appropriate punishment with cogent reasons in support thereof.” 10. the hon’ble supreme court in dg, rpf vs. sai babu (2003) 4 scc331again elaborated the legal position about the extent of power of the high court or tribunal to interfere with the punishment thus imposed......

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May 18 2018 (HC)

M/S Darrameks Hotels & Developers Pvt Ltd vs.m/s Altus Gruop India Pvt ...

Court : Delhi

.....in case of non- payment of fees within thirty days from receipt of reminder by a courier letter. there would be instant termination on satisfaction of the stipulations under sub-clause (ii), whereas in case of sub-clause (iv) termination would take place vide thirty days prior notice. sub-clause (ii) had dealt with a specific eventuality, i.e., non-payment of fee by the owner/appellant to the project management and consultant/respondent. sub-clause (iv) obviously was incorporated with the intention giving an option to the either party to fao(os)(comm) no.111/218 page 3 of 9 terminate the contract. no doubt, sub-clauses (i) and (iv) would overlap insofar as right of the owner, i.e., the appellant is concerned, but this cannot be a ground to hold that sub-clause (iv) would not be available to the respondent. sub-clause (iv) in plain and simple words thus states that either party could terminate the contract by giving thirty days notice in writing to the other. in a way, both the appellant and the respondent were placed equally and given same right and option of termination by thirty days notice.7. learned single judge in the impugned order has referred to and quoted from.....

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May 18 2018 (HC)

Aseem Kapoor vs.state of Nct of Delhi

Court : Delhi

.....and crl.m.a. no.7461/2018 was filed on 21.4.2018 by the said petitioner seeking to place on record the additional documents to bring forth facts and events which were stated to have transpired during the pendency of the petition. it was submitted through this application that the sister of the injured had filed an application before the hon‘ble supreme court crl.m.a. no.1054/2018 in slp crl. no.62titled gauri rishi v. state & another. a copy of the said application filed by gauri rishi was submitted by the petitioner of the present petition which sought an expeditious trial of the criminal m.c. no.2208/2015 titled aseem kapoor v. state of delhi & anr. at the earliest and if possible on the next date of hearing fixed before this court which was then fixed on 10.4.2018 with further directions to the magistrate to dispose of the proceedings in relation to the fir no.390/13, police station r.k.puram, expeditiously. vide crl.m.a. no.74it was submitted that the said application crl.m.a no.10in slp no.62filed by ms.gauri rishi, the sister of the complainant was mentioned on 9.4.2018 to be listed for 13.4.2018 and that the petitioner had filed a short reply thereto on.....

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May 18 2018 (HC)

State of Nct of Delhi vs.prem Chand Sharma & Ors

Court : Delhi

.....be a ground for condoning long delays. the relevant extract from the said judgment is set out herein below: “28. though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bona fides, a liberal concession has to be adopted to rfa9622016 page 2 of 3 advance substantial justice, we are of the view that in the facts and circumstances, the department cannot take advantage of various earlier decisions. the claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. the rfa752017 page 3 of 5 bodies, their agencies limitation undoubtedly binds everybody, law of including the government.29. in our view, it is the right time to inform all government and instrumentalities and unless they have reasonable and acceptable explanation for the delay and there was bona fide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red tape in the process. the government departments are.....

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May 18 2018 (HC)

Dy. Comdt. Vivekanand Singh vs.union of India and Ors.

Court : Delhi

.....ssb (cpo-2002) examination or in the alternative, he be placed on the top of the 37th batch dago, crpf (cpo-2003) examination.2. briefly stated, the facts of the case are that pursuant to the advertisement issued by the ssb in the year 2002, for conducting ssb (cpo-2002) examination for appointment to the post of assistant w.p.(c) no.5367/2018 page 1 of 7 commandant in the central police forces, the petitioner had participated in the recruitment process and qualified in the written examination as well the interview. on 16.08.2004, the petitioner was declared temporarily medically unfit and was not sent for training with the 36th batch as his name was not included in the final selection list of ssb (cpo-2002) examination.3. the petitioner again participated in the recruitment process for the post of assistant commandant in central police forces through ssb (cpo-2003) examination and successfully qualified not only the written test and interview, but was also declared medically fit. the petitioner was appointed as an assistant commandant on an offer of appointment dated 05.09.2005, being accepted by him. he successfully completed his training as well probation period with the 37th.....

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May 18 2018 (HC)

Jai Prakash vs.k Sundaram & Ors (United India Insurance Co Ltd)

Court : Delhi

.....no.hr38 2112 being driven by k. sundaran. jai prakash suffered fracture of inferior pubic rami, fracture of both bones of right leg (grade-iii), fracture of bimalleolor (right), fracture of medial condyl left femur and fracture of lateral condyl tibia (left) which resulted in deformity of right leg, ankle, foot and muscle and tendons of bones were exposed for which he took the treatment from bkh hospital, faridabad and thereafter, from safdarjung hospital. he was admitted in safdarjung hospital on 07th february, 2013 where he underwent a surgery on 13th february, 2013 and was discharged on 21st february, 2013. the injuries suffered by the claimant resulted in 79% permanent disability relating to his right lower limb.3. the claims tribunal awarded rs.20,000/- towards medical treatment, rs.10,000/- towards conveyance charges, rs.10,000/- towards special diet, rs.60,000/- towards pain and agony, rs.1,60,000/- towards loss of income, rs.5,66,000/- towards loss of earning capacity, rs.20,000/- towards loss of amenities of life and rs.20,000/- towards attendant charges. the total compensation awarded is rs.8,66,000/.4. learned counsel for the claimant urged at the time of hearing.....

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May 18 2018 (HC)

National Highways Authority of India vs.afcons Apil(V)

Court : Delhi

.....patently erroneous or for any other reason liable to be set aside.6. the nhai and its learned senior counsel contend that the tribunal ignored the facts that the engineer was empowered under clauses 28.1 and 44.2 to recommend extension of time and also determine by how much the contract price could be increased in case of extension of time. it is urged that since the arrangement was based upon item rate, contract component was inbuilt in the rates of the boq items. the decision of the tribunal, to award additional compensation on account of overheads and idling as well as the so-called loss of opportunity fao(os) (comm) 110/2018 page 4 of 7 were unjustified. it is stated that such award is patently illegal and deserves to be set aside.7. learned senior counsel points out that the tribunal’s finding in para 42 rejecting its contention with respect to preclusion of any claim for compensation is contrary to law. in this regard, he points out that the tribunal referred only to clause 28.1 and overlooked clause 44.2 which empowered the engineer to determine the increase, if any, of the contract price; since the engineer exercised the power and did not grant any additional amount,.....

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May 18 2018 (HC)

Mohd. Chaman Gulzar vs.raisuddin

Court : Delhi

.....no.70, land measuring 50 sq. yds. part of khasra no.274/365, situated at gali no.39, zakir nagar, jamia nagar, okhla, new delhi-110025.2. the facts of the case are that the respondent/plaintiff pleaded that under the subject agreement to sell, out of the total sale consideration of rs.4 ½ lacs, a sum of rs.3 lacs was paid to the appellant/defendant, and since the appellant/defendant did not execute the sale documents in favour of the respondent/plaintiff, hence the subject suit for specific performance was filed. rfa no.424/2018 page 2 of 7 3. appellant/defendant contested the suit and denied execution of the agreement to sell. appellant/defendant pleaded that actually the transaction in question was not an agreement to sell but the appellant/defendant needed a loan of rs.3 lacs for the marriage of his daughter, and therefore, he had given the original documents of his property to the respondent/plaintiff. it was pleaded that the subject agreement to sell is forged and fabricated document. suit was therefore prayed to be dismissed.4. in this case no issues were framed because original defendant was proceeded ex parte, however, trial court has framed the points of.....

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