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Delhi Court October 2013 Judgments

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Oct 25 2013

Telecom Regulatoory Authority of India Vs. Yash Pal

Court: Delhi

Decided on: Oct-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :23. 10.2013 Judgment pronounced on :25. 10.2013 W.P.(C) 2794/2012 TELECOM REGULATOORY AUTHORITY OF INDIA Petitioner Through: Mr Saket Singh, Adv. versus YASH PAL ..... Respondent Through: Respondent in person. CORAM: HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.The respondent Yashpal applied to the CPIO of the petitionerTelecom Regulatory Authority of India (TRAI), seeking the following information:1. Certified copy of the call details of the following numbers. Call details should include incoming as well as outgoing details. Registration details of the following numbers (name, address, date of activation, etc). a) 9210023535 (From April 2006- till date). b) 9716682799 (From April 2009- till date). c) 011-26215249 (From April 2005- till date) 2. Certified copy of the SMS details (send and received) of the following numbers:a) 9210023535 (From April 2006- till date). b) 9716682799 (From April 2009- till date). The CPIO h...


Oct 25 2013

Mohd. Khalid Zia Vs. Jamia Millia Islamia and ors.

Court: Delhi

Decided on: Oct-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:25. 10.2013 + WP(C) No.5250 of 2013 MOHD. KHALID ZIA Through: ..... Petitioner Mr. R.K. Saini, Adv. versus JAMIA MILLIA ISLAMIA & ORS. ..... Respondents Through: Mr. Rohit Gandhi & Ms. Manpreet Kaur, Advs. CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGMENT V.K.JAIN, J.(Oral) The petitioner before this Court appeared in the Entrance Test for taking admission in BA (Hons.) History Course of the respondent-Jamia Millia Islamia University. A list of selected candidates as well as waitlisted candidates for the aforesaid Course was displayed on 24.6.2013, in terms of the admission schedule for the academic session 2013-2014. As per the aforesaid schedule, 4.7.2013 was the last date for completing admission formalities of the selected candidates, 5.7.2013 was the date for registration of the wait-listed candidates, 8.7.2013 was the date for the display of registered wait-listed candidates and the admission from the registered wait-listed...


Oct 25 2013

Millennium Wires (P) Ltd. and anr. Vs. Allahabad Bank and ors.

Court: Delhi

Decided on: Oct-25-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) No.545 of 2012 Reserved on: October 4, 2013 Date of decision: October 25, 2013 MILLENNIUM WIRES (P) LTD & ANR ..... Plaintiffs Through: Ms. Maneesha Dhir with Ms. Jayashree Shukla Dasgupta, Mr. Abhirup Dasgupta and Mr. Ashu Kansal, Advocates. versus ALLAHABAD BANK & ORS ..... Defendants Through: Mr. Shiv Shankar, Advocate for Defendant No.1. Mr. Ajay Monga, Mr. Ateev K. Mathur & Mr. Devmani Bansal, Advocates for Defendant No.4. CORAM: JUSTICE S. MURALIDHAR JUDGMENT2510.2013 IA Nos. 4103 of 2012 (u/O XXXIX Rules 1 & 2 CPC), 2126 of 2013 (u/O VIII Rule 10 CPC), 2127 of 2013 (u/O XXXIX Rule 4 CPC) and 2128 of 2013 (u/O VII Rule 11 CPC) 1. The background to these applications is that Millennium Wires (P) Limited (Plaintiff No.1) and State Trading Corporation of India Limited (Plaintiff No.2) have filed the aforementioned CS (OS) No.545 of 2012 against Allahabad Bank (Defendant No.1), Synergic Industrial Material Services PTE Ltd. (Defendant N...


Oct 25 2013

Wealth Estate Pvt. Ltd. Vs. K Chandra and anr.

Court: Delhi

Decided on: Oct-25-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) 1994 of 2012 WEALTH ESTATE PVT LTD. ..... Plaintiff Through: Mr. Jayant K. Mehta with Ms. Roopa Dayal, Advocates versus K CHANDRA & ANR Through: ..... Defendants Mr. Jayant Tripathi with Mr. Arjun Mitra, Advocates CORAM: JUSTICE S. MURALIDHAR ORDER2510.2013 IA Nos. 16607-10 of 2013, 12267, 16333 and 22285 of 2012 1. Before dealing with the applications, the background events may be noted.2. The present suit has been filed by Wealth Estate Pvt. Ltd. (WEPL) against K. Chandra (Defendant No.1) and Madras Finvest Pvt. Ltd. (Defendant No.2) for recovery of vacant possession of the property at A32, Diplomatic Enclave Extension, Co-operative Housing Building Society Limited, Westend Colony, New Delhi (hereafter referred to as the suit property) from Defendant No.2.3. An Agreement to Sell was executed on 10th September 2009 between Defendant No.2 and SICPA India Private Limited (SICPA) whereby Defendant No.2 agreed to sell to SICPA the suit prope...


Oct 25 2013

Jitender Singh Tyagi Vs. Lt. Governor of Delhi and ors.

Court: Delhi

Decided on: Oct-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No.5755/2007 25th October, 2013 JITENDER SINGH TYAGI Through: .... Petitioner Mr. K.K.Tyagi and Mr. Iftekhar Ahmad, Advocates. versus LT. GOVERNOR OF DELHI & ORS. ..... Respondents Through: CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, the petitioner impugns the charge-sheet dated 29.5.2007 issued to him. As per this charge-sheet departmental action is sought to be taken against the petitioner because petitioner was transferred from D.A.V. Public School, Sant Nagar, Burari to D.A.V. Public School, Bhai Radhir Nagar,Ludhiana, Punjab but he did not join at the Ludhiana school.2. Petitioner represented against his transfer order on the ground that he is an employee of a school in Delhi governed by Delhi School Education Act and Rules, 1973 and pursuant to this representation, made to the Director of Education, the Director of Education has passed an...


Oct 25 2013

Ps Bist Vs. Uoi and ors

Court: Delhi

Decided on: Oct-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:25. 10.2013 W.P.(C) 2320/2011 PS BIST ..... Petitioner Through: Mr R.K. Saini, Adv. Versus UOI AND ORS ..... Respondents Through: Ms Sapna Chauhan, Adv CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court is a retired Government servant entitled to benefits of Central Government Health Scheme (CGHS). The case of the petitioner, as set out in the writ petition, is that on 08.03.2008, he along with his wife was going to Sarojini Nagar to meet his daughter, who was staying there and on way to Sarojini Nagar when he reached near Saket, he felt uneasy, had severe pain in the head and was taken by his wife to the nearby Max Super Speciality Hospital, Saket, where he was admitted in emergency. An MRI Angiogram of the petitioner was done, which revealed MCA bifurcation aneurysm with mild tortuousity of the aortic rash. The petitioner was diagnosed as SAH due to ruptured Right MCA with rig...


Oct 25 2013

Virendra Kumar Markande (Deceased) Through Lrs Vs. Tarseem Chand JaIn ...

Court: Delhi

Decided on: Oct-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. h October, 2013. + RFA6271998 VIRENDRA KUMAR MARKANDE (DECEASED) THROUGH LRS ..... Appellant Through: Mr. Akshay Makhija and Ms. Sanjugeeta Moktan, Advocates. Versus TARSEEM CHAND JAIN DDECEASED THROUGH LRS & ORS ..... Respondents Through: Mr. Sarvesh Biraria with Mr. Prakash Chandra Sharma, Advocates for R-2. Mr. Anil Kumar, Adv. for R-3(b) to (d). CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree dated 12 th August, 1998 of the learned Additional District Judge (ADJ), Delhi of dismissal of Suit No.860/1990 filed by the appellant, for recovery of possession of immovable property bearing No.A-199 admeasuring 180 sq. yds. forming part of Majlis Park, Delhi and for recovery of mesne profits.2. Notice of the appeal was issued and accepted by the counsel for the respondents No.1 & 2/caveators; the appellant was directed to take steps for service of the respondents ...


Oct 25 2013

State (Nct of Delhi) Vs. Devender Singh

Court: Delhi

Decided on: Oct-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :21. t AUGUST, 2013 DECIDED ON :25. h OCTOBER, 2013 + CRL.A. 760/2012 STATE (NCT OF DELHI) ....Appellant Through : Mr.M.N.Dudeja, APP. versus DEVENDER SINGH Through : .Respondent Mr.Mohd.Shamikh, Advocate. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. State has come in appeal to question the correctness of a judgment dated 29.10.2010 of learned Special Judge (P.C. Act)-06, Tis Hazari Courts, Delhi, by which the respondent Devender Singh was acquitted of the charges. The respondent has contested the appeal.2. On 29.03.2001, Ram Kumar lodged a complaint in Anti Corruption Bureau alleging demand of ` 11,000/- as bribe by Mr.Panwar, AE, DDA to clear payment for execution of work order in the sum of `21,950/-. The complainant was able to arrange ` 6,000/- for payment. Insp.N.S.Minhas carried out pre-raid formalities and associated R.S.Chopra as panch witness. Allegations were that ` 6,000/- were paid as bribe to Devender Singh (the...


Oct 25 2013

Egon Zhender International Pvt. Ltd. Vs. M/S Namgayal Institute for Re ...

Court: Delhi

Decided on: Oct-25-2013

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:22. 08.2013 Judgment delivered on:25.10.2013 + OMP6372012 EGON ZHENDER INTERNATIONAL PVT. LTD. ..... Petitioner Versus M/S NAMGAYAL INSTITUTE FOR RESEARCH ON LADAKHI ART & CULTURE (NIRLAC) & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner: Mr Sanjay Parikh & Ms Mamta Saxena, Advocates. For the Respondent: Mr J.P. Sengh, Sr. Adv. with Mr Sumeet Batra & Ms Ankita Gupta, Advocates for R-2 & 3. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER,J1 The captioned petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 (in short the Act) is directed against award dated 31.12.2011/07.02.2012 passed by the sole arbitrator. 1.1 The challenge is laid to that part of the award whereby the learned Arbitrator declined to grant reliefs prayed for by the petitioner qua liquidated damages and aggravated / exemplary damages. 1.2 The learned arbitrator allowed the petitioners claim ...


Oct 25 2013

Universal Sompo General Insurance Company Limited Vs. Sudha and ors.

Court: Delhi

Decided on: Oct-25-2013

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. h October, 2013 MAC.APP. 675/2012 UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LIMITED ..... Appellant Represented by: Mr. Rajat Khattry, Adv. Versus SUDHA AND ORS. ..... Respondents Represented by: None CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal has been preferred against the award dated 14.05.2012, whereby ld. Tribunal has granted compensation for a sum of Rs.14,03,228/- with interest @ 7.5 % per annum from the date of filing the petition till realization in favour of the respondents/claimants.2. Counsel appearing on behalf of the appellant has argued the only ground that the claimants could not prove that the deceased was in a permanent employment. Despite, Ld. Tribunal while considering the salary of the deceased on the basis of Minimum Wages Act at Rs.7917/- per month has added 50% towards future prospects.3. To strengthen his arguments, Ld. counsel has relied upon the...


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