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Delhi Court February 2012 Judgments

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Feb 01 2012

Ms. Jyoti Yadav and anr Vs. Gnctd and anr

Court: Delhi

Decided on: Feb-01-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 1st February, 2012 + W.P.(C) 7093/2010 % MS. JYOTI YADAV and ANR. ..... Petitioners Through: Ms. Deepali Gupta, Adv. Versus GNCTD AND ANR. ..... Respondents Through: Mr. A.K. Singh, Adv. for Ms. Sujata Kashyap, Adv. for R-1. Ms. Latika Chaudhary, Adv. for Mrs. Avnish Ahlawat, Adv. for R-2. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. The two petitioners have filed this writ petition impugning the selection process, for shortlisting students for Elementary Teacher Education (ETE) Diploma course for the session 2010-12, as prescribed in the prospectus published by the respondent No.2 State Council of Educational Research and Training (SCERT), particularly Clause 5 of Chapter-IV and Clause 6 of Chapter-XII thereof; the petitioners W.P.(C) 7093/2010 Page 1 of 15 axiomatically also seek quashing of the selection and direction for inclusion of their own names in ...


Feb 01 2012

Sushil Mittal Vs. Arun Kumar

Court: Delhi

Decided on: Feb-01-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment: 01.02.2012. + RC.REV. 242/2011 and CM No. 818/2012 SUSHIL MITTAL ..... Petitioner Through Mr. Sameer Dewan, Adv. versus ARUN KUMAR ..... Respondent Through Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Siddharth Bhambha, Adv. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. (Oral) 1 Order impugned before this Court is the judgment and decree dated 23.05.2011 wherein in a pending eviction petition filed by the landlord Arun Kumar seeking eviction of his tenant under Section 14 (1)(e) of the Delhi Rent Control Act (DRCA) i.e premises comprising one shop in property No. 2855, Sirkiwalan, Hauz Qazi, Delhi as depicted in the red colour in the site plan filed by the petitioner had been decreed. The triable issues sought to be raised in the application for leave to defend filed by the tenant had been declined. RCR 242/2011 Page 1 of 13 2 Record shows that the averments of the petitioner in his eviction petition is that he...


Feb 01 2012

Indian Oil Corporation Ltd and anr Vs. Sushila Kumar and anr

Court: Delhi

Decided on: Feb-01-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 1st February, 2012 + LPA.No. 1301/2007 INDIAN OIL CORPORATION LTD and ANR. ..... Appellants Through: Mr. Abhinav Vashisht, Sr. Advocate with Mr. Rajat Naved, Ms. Prachi V. Sharma, Advocates Versus SUSHILA KUMAR and ANR. ..... Respondents Through: Mr. Anil K. Kher, Sr. Advocate with Mr. D.R.Bhatia, Mr. Ankur Bansal and Mr. Siddhartha Jain, Advocates. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. This Intra-Court Appeal impugns the judgment dated 31 st August, 2007 of the learned Single Judge allowing WP(C) No. 469/2005 preferred by the respondent no.1 and directing the appellant to restore the LPG distributorship to the respondent no.1 and to also attach back to the said distributorship the customers who had been distributed to other dealers. Notice of this appeal was issued. It appears that the respondent no.1 had LPA No.1301/2007 Page 1 of 16 initiated co...


Feb 01 2012

Smt. Balwanti Devi Vs. Shri Mahesh Kumar Chopra

Court: Delhi

Decided on: Feb-01-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment: 01.02.2012 + CM(M) No.1635/2007 SMT. BALWANTI DEVI ..... Petitioner Through: Mr.Sanjay Jain,Sr.Advocate with Mr. Arjun Mitra, Advocate. versus SHRI MAHESH KUMAR CHOPRA ..... Respondent Through: Mr.M.G. Vacher, Advocate. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. (Oral).1. Order impugned before this Court is the order dated 07.9.2007 passed by the Additional Rent Control Tribunal (ARCT) endorsing the finding of the Additional Rent Controller (ARC) dated 13.7.2007 whereby the delay in the deposit of rent by the tenant had been condoned and benefit of Section 14(2) of the DRCA had been extended to the tenant..2. Petitioner Balwanti Devi is the landlady of property bearing No.10/18, Shankti Nagar, New Delhi. Mohan Lal Chopra was CM(M) No.1635/2007 Page 1 of 8 inducted as a tenant in the said premises initially at a rent of Rs.25/- per month which was subsequently increased to Rs.30/- per month. After the death ...


Feb 01 2012

Unknown Vs. Subhash Muljimal Gandhi

Court: Delhi

Decided on: Feb-01-2012

* [ IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 1st FEBRUARY, 2012 + LPA 669/2011 % DIRECTORATE OF ENFORCEMENT . ..Appellant Through: Ms. Rajdipa Behura, Adv. [ Versus SUBHASH MULJIMAL GANDHI ..... Respondent Through: Mr. S. Vasudev and Mr. Rajbir Singh, Adv. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. The challenge in this Intra-Court Appeal is to the judgment dated 4th May, 2011 of the Learned Single Judge allowing W.P.(C) No. 4542/2010 preferred by the respondent and directing the appellant to pay to the respondent simple interest @ 6% per annum on the sum of `7,75,000/- from the date of seizure i.e.3. rd January, 2003 till 31st December, 2007 and @9% per annum from 1 st January, 2008 till 1st December, 2008. Notice of this appeal was issued and the operation of the judgment of the Learned Single Judge stayed. The counsels have been heard..2. The writ petition was filed by the respondent pleading t...


Feb 01 2012

Liyakat Ali Vs. Anupam Chib and ors

Court: Delhi

Decided on: Feb-01-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 332/2011 % 1st February, 2012 LIYAKAT ALI ..... Appellant Through : None. versus ANUPAM CHIB and ORS ..... Respondents Through : Mr. Deo Prakash Sharma and Mr.Umesh Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL) C.M. No. 11989/2011.1. This application for condonation of delay of 339 days is filed in the appeal challenging the impugned judgment and decree dated 25.3.2010 decreeing the suit of the respondents/plaintiffs for possession and injunction..2. The facts of the case are that the appellant/defendant No.2 led no evidence whereas the respondents/plaintiffs filed the necessary documentary RFA No.332/2011 Page 1 of 6 proof of title in their favour with respect to the suit property. The respondents/plaintiffs were also shown as owners in the revenue record and which documents were proved and exhibited. A Local Commissioner also gave a report in favour of the ...


Feb 01 2012

Syndicate Bank Vs. M/S. Crown Electro Motor Works

Court: Delhi

Decided on: Feb-01-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.828/2003 % 1st February, 2012 SYNDICATE BANK ...... Appellant Through: Mr. Ajant Kumar, Adv. VERSUS M/S. CROWN ELECTRO MOTOR WORKS ...... Respondent Through: Ms.Suman Bagga, Adv. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL).1. This case is on the Regular Board of this Court since 16.1.2012. Today, the matter is effective item no.3 on the Regular Board. Counsel for the appellant has been fair in informing the counsel for the respondent of the appeal coming up for hearing. Counsel for the respondent states that her client/respondent no.3 is no longer in touch with her for many years. I have therefore heard the counsel for the appellant and after perusing the record am proceeding to dispose of the appeal..2. The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned RFA No.828/2003 Page 1 of 6 judgm...


Feb 01 2012

M/S. Crystal Power Associates Vs. M/S. International Pumps and

Court: Delhi

Decided on: Feb-01-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.871 /2003 % 1st February, 2012 M/S. CRYSTAL POWER ASSOCIATES ...... Appellant Through: Mr. Ram Parkash Gupta, Advocate. VERSUS M/S. INTERNATIONAL PUMPS and PROJECTS LTD. ...... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL).1. Counsel for the appellant states that the appellant has not been in touch with him for a very long time. This case is on the Regular Board of this Court since 16.1.2012 and today it is effective item No.11 on the Regular Board. I have therefore perused the record and am proceeding to dispose of the appeal..2. The challenge by means of this Regular First Appeal filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the RFA No.871/2003 Page 1 of 8 impugned judgment of the trial Court dated 13.8.2003 decreeing the suit of the respondent/plaintiff for the goods supplied. The case of the respondent/plaintiff was that t...


Feb 01 2012

Smt. Harsh Gandhi Vs. Shri Thakar Dass Thakkar and Others

Court: Delhi

Decided on: Feb-01-2012

.* HIGH COURT OF DELHI: NEW DELHI Order pronounced on: 01.02.2012 + I.A. No.12224/2011 in CS (OS) No.1547 of 2011 SMT. HARSH GANDHI ..... Plaintiff Through Mr. Arun Kumar Gupta, Adv. versus SHRI THAKAR DASS THAKKAR and OTHERS ..... Defendants Through Mr. Rajiv Bansal, Adv. with Mr. Rahul Bhandari and Ms. Swati Gupta, Advs. for D-5to D-8. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J. (ORAL).1. The present application for rejection of plaint under Order VII, Rule 11 read with Section 151 CPC, has been filed by defendants No.5 to 8 along with the written statement to the suit for possession, declaration and permanent injunction..2. It is stated in the application that the plaintiff, who is claiming herself to be the adopted daughter of Late Shri Tulsi Dass has not challenged the transfer of membership by Late Shri Tulsi Dass in favour of defendant No.2 qua the suit property, but has only challenged the subsequent documents, i.e. General Power of Attorney, Will, Receipt and ...


Feb 01 2012

Shri Harish Kumar and anr Vs. Shri Ashok Gulabani

Court: Delhi

Decided on: Feb-01-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.864 /2003 % 1st February, 2012 SHRI HARISH KUMAR and ANR. ...... Appellants Through: Mr. Mohit Madan, Advocate. VERSUS SHRI ASHOK GULABANI ...... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J. MEHTA, J (ORAL).1. The challenge by means of this Regular First Appeal filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 26.4.2003 dismissing the suit filed by the appellants/plaintiffs for possession and mesne profits with respect to one shop in the premises bearing No.90/40-A, ground floor, Malviya Nagar, New Delhi. RFA No.864/2003 Page 1 of 9.2. The case of the appellants/plaintiffs was that the respondent/defendant was a close friend of plaintiffs and therefore was given one room of 8' X 13' on licence basis. It was stated in the plaint that the room was given about 13 years back because of the close relatio...


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