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Delhi Court November 2013 Judgments

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Nov 29 2013

All India Medicos Vs. All India Institute of Medical Sciences and ors

Court: Delhi

Decided on: Nov-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:29. 11.2013 + W.P.(C) 7520/2013 ALL INDIA MEDICOS ..... Petitioner Through: Mr Kirti Uppal, Sr. Adv with Mr Anil Kumar Verma and Ms Asha Rani, Advs Versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES AND ORS ..... Respondent Through: Mr Mehmood Pracha and Mr Sumit Babbar and Mr Ajay Kalra, Advs for AIIMS Mr Sunil Kumar and Mr Rajiv Ranjan Mishra, Advs for respondent No.3 CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(Oral) The petitioner before this Court was granted a licence to run a chemist shop inside the premises of All India Institute of Medical Sciences (AIIMS) for a period of two years with effect from 21.11.2011. Clause 1 of the Licence Deed executed between the parties provided that strictly on the basis of satisfactory performance, the term of the licence could be extended for a further period of one year. The petitioner, exercising the above-referred option available to him under the Licence Deed, sought ext...


Nov 29 2013

Mr. R.S. Malhotra Vs. Mr. Sewa Singh and anr.

Court: Delhi

Decided on: Nov-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:25. 11.2013 Pronounced on:29. 11.2013 + RFA (OS) 28/2003 MR. R.S. MALHOTRA Appellant Through: Mr. Rajat Malhotra and Mr. Sunil Malhotra, Advocates. versus MR. SEWA SINGH AND ANR. ..... Respondents Through: Mr. Preet Pal Singh and Ms. Priyam Mehta, Advocates. + W.P.(C)2658/2012, C.M. No.14582/2013 R.S. MALHOTRA Petitioner Through: Mr. Achal Gupta, Advocate. versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through: Mr. Arun Birbal, Mr. Vinit Malhotra and Mr. D.K. Singh, Advocates, for DDA. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT % 1. This common judgment and order will dispose off an appeal (RFA (OS) No.28 of 2003) directed against the judgment of a learned Single Judge decreeing a suit (Suit No.1642/1992, hereafter the suit) for specific performance. The decree required execution of sale RFA (OS) 28/2003 & W.P.(C) 2658/12 Page 1 deed and receipt of the consideration...


Nov 29 2013

Om Prakash Singh Vs. New Delhi Municipal Council and ors.

Court: Delhi

Decided on: Nov-29-2013

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7525/2013 & CM APPL. No.16090/2013 OM PRAKASH SINGH Through: ..... Petitioner Mr.R.K. Saini, Advocate versus NEW DELHI MUNICIPAL COUNCIL & ORS Through: ..... Respondents Mr. Vivek Sood, Advocate CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA SUDERSHAN KUMAR MISRA, J.(ORAL) 1. This petition impugns the show cause notice dated 06.11.2013 under Section 247 of the New Delhi Municipal Council Act, 1994, issued to the petitioner in respect of construction of a room, kitchen and toilet in an area approximately 32X20...


Nov 29 2013

R.S. Malhotra Vs. Delhi Development Authority

Court: Delhi

Decided on: Nov-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:25. 11.2013 Pronounced on:29. 11.2013 + RFA (OS) 28/2003 MR. R.S. MALHOTRA Appellant Through: Mr. Rajat Malhotra and Mr. Sunil Malhotra, Advocates. versus MR. SEWA SINGH AND ANR. ..... Respondents Through: Mr. Preet Pal Singh and Ms. Priyam Mehta, Advocates. + W.P.(C)2658/2012, C.M. No.14582/2013 R.S. MALHOTRA Petitioner Through: Mr. Achal Gupta, Advocate. versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through: Mr. Arun Birbal, Mr. Vinit Malhotra and Mr. D.K. Singh, Advocates, for DDA. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT % 1. This common judgment and order will dispose off an appeal (RFA (OS) No.28 of 2003) directed against the judgment of a learned Single Judge decreeing a suit (Suit No.1642/1992, hereafter the suit) for specific performance. The decree required execution of sale RFA (OS) 28/2003 & W.P.(C) 2658/12 Page 1 deed and receipt of the consideration...


Nov 29 2013

Shri G R Gupta Vs. Lok Sabha Secretariat

Court: Delhi

Decided on: Nov-29-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA3702013 SHRI G R GUPTA Through: ..... Appellant Mr. Sunil K. Mittal, Advocate with Mr. Kshitij Mittal and Mr. Anshul Mittal, Advocates. versus LOK SABHA SECRETARIAT ..... Respondent Through: Ms. Maninder Acharya, Senior Advocate with Mr. Yashish Chandra, Advocate. Reserved on :22. d October, 2013 Date of Decision:29. h November, 2013 % CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:1. Present Letters Patent Appeal has been filed challenging the judgment and order dated 14th May, 2013 passed by learned Single Judge in W.P.(C) 538/2012 whereby the appellants writ petition was dismissed.2. The admitted facts of the present case are that the appellant, a retired IPS officer, was allotted Bungalow No.16, Talkatora Road, New Delhi from Lok Sabha Secretariat Pool. The appellant was posted on deputation with the Lok Sabha Secretariat from 14th February, 1979 to 26th July, 1982. However, the appellant continue...


Nov 29 2013

M/S. Gorkha Security Services Vs. Govt. of Nct of Delhi and ors.

Court: Delhi

Decided on: Nov-29-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA8602013 & CM APPL. 18089/2013 M/S. GORKHA SECURITY SERVICES ..... Appellant Through: Mr. Sudhir Nandrajog, Senior Advocate with Mr. Tarkeshwar Nath and Mr. B.K. Pandey, Advocates versus GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through: Ms. Zubeda Begum, Standing Counsel for GNCT of Delhi. Reserved on :18. h November, 2013 Date of Decision :29. h November, 2013 % CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:1. Present letters patent appeal has been filed challenging the judgment and order dated 25th October, 2013 passed by learned Single Judge, whereby appellants writ petition being W.P.(C) 6718/2013 was dismissed. relevant portion of the impugned order reads as under:11. It would thus be seen that the contract between the parties specifically empowered the respondents to blacklist the petitioner firm. Therefore, when the show-cause notice received by the petitioner expressly mentioned of such ...


Nov 29 2013

Ravi Ranjan Chaudhary Vs. Container Corporation of India Ltd and anr

Court: Delhi

Decided on: Nov-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:26. 11.2013 Date of Decision:29. 11.2013 % + WP(C) No.2164 of 2012 RAVI RANJAN CHAUDHARY ..... Petitioner Through: Mr. L.B.Rai, Advocate. versus CONTAINER CORPORATION OF INDIA LTD AND ANR ..... Respondents Through: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Rishi Awasthi, Adv. for R-1&2. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGEMENT V.K.JAIN, J.The petitioner before this Court was allotted Room No.205-B in the Administrative Building of the respondent Container Corporation of India Limited, on license basis, on the terms and conditions contained in Leave and Licence Agreement dated 12.9.2003, for running a Photostat shop, for a period from 1.9.2003 to 3.8.2004. Under Clause 3 of the said agreement, the licensor could extend the term of licence for a further period(s) on the terms and conditions to be decided by the licensor in its sole discretion. The aforesaid licence was extended further and the last Leave and Licence Agreement betw...


Nov 29 2013

Messer Griesheim Gmbh Vs. Goyal Mg Gases Pvt. Ltd.

Court: Delhi

Decided on: Nov-29-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI EX. P. No.70 of 2006 & EA Nos. 32 of 2007, 152 of 2008, 470-471 of 2009, 653-654 of 2009 Reserved on: October 28, 2013 Decision on: November 29, 2013 MESSER GRIESHEIM GMBH ..... Decree Holder Through: Mr. Amit Sibal with Ms. Mohana M. Lal, Mr. Amrinder Singh and Ms. Geetali Talukdar, Advocates. versus GOYAL MG GASES PVT. LTD. ..... Judgment Debtor Through: Mr. Maninder Singh, Senior Advocate with Mr. P.S. Bindra with Ms. Shweta Priyadarshini, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT2911.2013 EA No.471 of 2009 1. For reasons stated therein, this application is allowed.2. The application stands disposed of. EA Nos. 32 of 2007, 152 of 2008 and 470 of 2009 1. Execution Petition No.70 of 2006 has been filed by Messer Griesheim GMBH (presently called Air Liquide Deutschland GmbH) against Goyal MG Gases Pvt. Ltd (Judgement Debtor) under Section 44A of the Code of Civil Procedure, 1908 (CPC) and Section 151 thereof for execution of a foreign judg...


Nov 29 2013

Sh. Narender Singh Narula Vs. Sh. Rajan Dhingra and anr.

Court: Delhi

Decided on: Nov-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. 10.2013 Pronounced on:29. 11.2013 + RFA (OS) 112/2013, C.M. No.13694/2013 SH. NARENDER SINGH NARULA Appellant Through: Mr. Rakesh. K. Sharma and Ms. Arijita, Advocate. versus SH. RAJAN DHINGRA AND ANR. ..... Respondents Through: Mr. Sachin Mishra, Advocate, for Resp. No.1. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT % 1. The present judgment will dispose off an appeal against the judgment and decree dated 31.05.2013 in CS (OS) 960/2012 and the review, preferred by the appellant (first defendant in the case) on 13.08.2013.2. Briefly, the facts of the case are that the parties (i.e. the plaintiff, the vendee, referred to as such and the appellant/defendant, referred to as the defendant) entered into an agreement on 19.10.2010, for the sale of property, being A-94, Vikas Puri. A receipt was executed evidencing payment of an advance amount of `15 lakhs; it is not in dispu...


Nov 29 2013

K T Holidays Pvt Ltd. Vs. Union of India and ors.

Court: Delhi

Decided on: Nov-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:29. 11.2013 W.P.(C) 7514/2013 & CMs 16078-79/2013 K T HOLIDAYS PVT LTD. ..... Petitioner Through: Mr. V. Lakshmi Kumaran, Mr. M.P. Devnath, Mr. Abhishek Anand, Advs. versus UNION OF INDIA & ORS. ..... Respondent Through: Mr. Sumeet Pushkarna, CGSC with Mr. Gaurav Sharma, Mr. Varun Dubey and Mr. Gobind Bannerjee, Advs. for UOI CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(Oral) The petitioner KT Holidays Pvt. Ltd obtained EPCG authorization for duty saved amount of Rs.23,07,800/- (Twenty Three Lac Seven Thousand and Eight Hundred ) for import of two (2) motor cars. Under the condition of the said authorization, the petitioner was required to submit a bank guarantee as per the relevant customs notification, before the import consignment could be cleared. The petitioner submitted a forged Bank Guarantee while seeking clearance of the goods. On detecting the aforesaid forgery, a show cause notice dated 15.11.2010 w...


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