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Delhi Court February 2013 Judgments

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Feb 22 2013

Shri Varinder Sahni Vs. Pratap K. Kaula and Others

Court: Delhi

Decided on: Feb-22-2013

8 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2552/2008 SHRI VARINDER SAHNI ..... Plaintiff Through: Mr. N.S. Vasisht, Advocate. versus PRATAP K. KAULA AND OTHERS ..... Defendants Through: Mr. Rajiv Nanda, Advocate for defendants No. 2 to 4. Mr. Kajal Chandra, Advocate with Ms. Prachi Gupta, Advocate for defendants No.5 and 6. Date of Decision:22. d February, 2013. % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral): I.A. 8821/2012 in CS(OS) 2552/2008 1. Present application has been filed by defendant Nos. 5 and 6 under Section 151 CPC praying for dismissal of the plaintiffs suit in view of the order dated 26th April, 2012 passed by a Division Bench of this Court in RFA(OS) 8/2008.2. In the present application, it is stated that applicants being defendants No.5 and 6 had filed a suit for specific performance for Agreement to Sell dated 30th September, 1986 against defendants No.1 to 4 in suit being CS(OS) 2630/1994 and the plaintiff herein with respect to the su...


Feb 22 2013

Om Prakash and ors. Vs. Commissioner, North Municipal Corporation of D ...

Court: Delhi

Decided on: Feb-22-2013

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: February 22, 2013 + W.P.(C) 1158/2013 OM PRAKASH & ORS. ..... Petitioners Represented by: Mr.S.M.Dalal, Advocate. versus COMMISSIONER, NORTH MUNICIPAL CORPORATION OF DELHI ..... Respondent Represented by: Ms.Saroj Bidawat, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. Since advance copy of the writ petition was served upon the respondent and pleadings of the parties before the Central Administrative Tribunal have been filed along with the writ petition, with consent of counsel for the parties we have heard arguments in the writ petition.2. That the writ petitioners would be entitled to the benefit of the Assured Career Progression Scheme adopted by the Municipal Corporation of Delhi as per its Circular dated November 09, 2000 is not in dispute between the parties. That the Scheme was later on modified in the year 2008 and is now called the Modified...


Feb 22 2013

Babita Pathak and Others Vs. High Court of Delhi and Others

Court: Delhi

Decided on: Feb-22-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:22. 02.2013 WP (C) No. 997/2011 BABITA PATHAK & OTHERS ... Petitioners ... Respondents versus HIGH COURT OF DELHI & OTHERS Advocates who appeared in this case: For the Petitioners For the Respondents : Ms Nitya Ramakrishnan with Ms Nalini Tripathi, Ms Suhasini Sen and Mr Rahul Kripalani : Mr Viraj R. Datar with Mr Chetan Lokur WITH + WP (C) No. 3251/2010 DEEPTI ... Petitioner ... Respondents versus HIGH COURT OF DELHI & OTHERS Advocates who appeared in this case: For the Petitioner For the Respondents : Mr Neeraj Kumar : Mr Viraj R. Datar with Mr Chetan Lokur CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE V.K. JAIN JUDGMENT BADAR DURREZ AHMED, J 1.2010. These writ petitions concern the Delhi Judicial Service Examination The High Court of Delhi (Respondent No.1) had issued a notification dated 26.10.2009 with regard to the holding of the Delhi Judicial Service Examination in respect of 60 vacancies. 27 vacancie...


Feb 22 2013

Real Lifestyle Broadcasting Pvt. Ltd. Vs. Turner Asia Pacific Ventures ...

Court: Delhi

Decided on: Feb-22-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: January 30, 2013 Decision on: February 22, 2013 Co. Appl. No. 2076 of 2012 in Co. Pet. No. 20 of 2011 REAL LIFESTYLE BROADCASTING PVT. LTD. .Petitioner Through: Mr. Nitin Rai, Mr. S. Santanam Swaminadhan, Ms. Kartika Sharma & Mr. Ajay Goswami, Advocates. versus TURNER ASIA PACIFIC VENTURES INC. & ANR .Respondents Through: Mr. Rajiv Nayar, Senior Advocate with Mr. Rishi Aggarwala & Ms. Malavika Lal, Advocates for Respondent No.1. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 22 02.2013 1. Real Lifestyle Broadcasting Pvt. Ltd. (RLB) has filed this application under Sections 391 to 394 of the Companies Act, 1956 (Act) and Rule 9 of the Companies (Court) Rules, 1959 (Rules) praying that the Court may pass necessary orders and directions to ensure that the Scheme of Arrangement (Scheme) is workable and, in the alternative, to declare the Scheme sanctioned by the Company Court by order dated 29 th March 2011 as unworkable and cancelled. Consequent...


Feb 22 2013

Rbi and anr. Vs. Ramesh Singh and anr.

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :19. 02.2013 Judgment pronounced on :22. 02.2013 LPA No.741/2012 RBI AND ANR. ..... Appellants Through : Mr. Rajiv Nayyar, Sr. Adv. with Mr. Kuldeep S. Parihar and Mr.H.S. Parihar , Adv. versus RAMESH SINGH AND ANR. Through : .... Respondents Ms. Rani Chhabra and Ms. H. Hnunpnpuii, Advs. for R-2/UOI CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. The Reserve Bank of India Services Board, held a Departmental Examination for promotion to the post of Staff Officer Grade-A. The aforesaid examination had three papers of 50 marks each and for qualifying in the said examination, every candidate was required to obtain 19 marks in each paper. The respondent no.1 was awarded 18.5 marks in English and accordingly he was declared unsuccessful in the said examination. One question in the paper of English read as under: (c) (ix) That herb is fit to be eaten, (Substitute a single word for the words under...


Feb 22 2013

Deepti Vs. High Court of Delhi and Others

Court: Delhi

Decided on: Feb-22-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:22. 02.2013 WP (C) No. 997/2011 BABITA PATHAK & OTHERS ... Petitioners ... Respondents versus HIGH COURT OF DELHI & OTHERS Advocates who appeared in this case: For the Petitioners For the Respondents : Ms Nitya Ramakrishnan with Ms Nalini Tripathi, Ms Suhasini Sen and Mr Rahul Kripalani : Mr Viraj R. Datar with Mr Chetan Lokur WITH + WP (C) No. 3251/2010 DEEPTI ... Petitioner ... Respondents versus HIGH COURT OF DELHI & OTHERS Advocates who appeared in this case: For the Petitioner For the Respondents : Mr Neeraj Kumar : Mr Viraj R. Datar with Mr Chetan Lokur CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE V.K. JAIN JUDGMENT BADAR DURREZ AHMED, J 1.2010. These writ petitions concern the Delhi Judicial Service Examination The High Court of Delhi (Respondent No.1) had issued a notification dated 26.10.2009 with regard to the holding of the Delhi Judicial Service Examination in respect of 60 vacancies. 27 vacancie...


Feb 22 2013

East Delhi Municipal Corporation Vs. Sattar Sheikh and ors

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 103/2013 EAST DELHI MUNICIPAL CORPORATION ..... Appellant Through : Mr. Anshu J.Dhingra, Adv. versus SATTAR SHEIKH & ORS Through : ..... Respondents Mr. V.C.Jha and Ms.Sonia Sharma, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER % 22.02.2013 CM 3141/2013(exemption) Allowed, subject to all just exceptions. The application stands disposed of. CM 3142/2013(delay in filing the appeal) For the reasons stated in the application, the delay in filing the appeal is condoned. The application stands disposed of. CM 3143/2013(delay in re-filing the appeal) For the reasons stated in the application, the delay in re-filing the appeal is condoned. The application stands disposed of. LPA 103/2013 On 4th January, 2007, late Master Md. Asif entered the toilet block on Road No.7, D-Block, J.J.Cluster, New Seema Puri, which at that time was not in use, fell into a manhole which had not been covered and died. An FIR under Section 3...


Feb 22 2013

Narayan Singh Vs. Sanjeev Kumar and ors.

Court: Delhi

Decided on: Feb-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d February, 2013 + CRL. M.C.2486/2012 NARAYAN SINGH Through: ..... Petitioner Mr. Pramod Kumar Sharma, Advocate. versus SANJEEV KUMAR & ORS. Through: ..... Respondents Mr. Prem Kumar with Mr. Rajiv Sharma, Mr. Rakesh Kumar & Mr. Rishabh Gulati, Advocates. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Petitioner invokes inherent powers of this Court under Section 482 of the Code of Criminal Procedure(the code) for setting aside of the order dated 15.05.2012 passed by the learned Metropolitan Magistrate(M.M.) whereby an Application dated 02.03.2012 for dismissal of the complaint case under Section 138 of the Negotiable Instruments Act, 1881(the Act) was dismissed.2. Before adverting to the question in controversy between the parties, let me narrate in brief the facts of the case. As per the case of Respondent No.2, Petitioner Narayan Singh entered into a Bayana agreement dated 07.09.2010 with Ma...


Feb 22 2013

Shankar Mali and Others Vs. Govt. of Nct of Delhi Through Chief Secret ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Feb-22-2013

1. According to the applicants they were engaged as part time workers in the Beggars Home at Lampur under the Directorate of Social Welfare, Government of NCT of Delhi on the dates mentioned hereunder:-Sl. No.NamePostDate of EngagementPlace of Engagement1 Smt. Shanker MaliSweeper15.7.1994 Beggar Home-II, Lampur2Ram DarshanSweeper1.5.1996-do- 3 Smt. ShakuntlaSweeper15.7.1994-do- 4Smt. GeetaSweeper15.7.1994-do- 5Ravinder KumarSweeper 1.3.1995-do- 2. Earlier Original Application No.1556/2001 filed by them before this Tribunal was disposed of on 01.02.2001 with the following directions:- The respondents shall prepare a seniority list of the Part time employees within a period of six months, and Therefore, as when the vacancies become available, the case of the applicants may be considered for regularization in accordance with the Recruitment rules, law and other relevant instructions issued by the Govt. of India on the subject from time to time; There shall be no...


Feb 21 2013

Parnika Commercial and Estate (P) Ltd. Vs. Govt. of Nct of Delhi

Court: Delhi

Decided on: Feb-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: February 21, 2013 + Arb.P.No.501/2012 PARNIKA COMMERCIAL & ESTATE (P) LTD ..... Petitioner Through Mr.Sunny Arora, Adv. versus GOVT OF NCT OF DELHI Through ..... Respondent Mr.Vikrant Pachnanda, Adv. for Mr.Najmi Waziri, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(Oral) 1. The present petition has been filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator.2. The case of the petitioner is that the petitioner is a building contractor. The respondent invited the tender for the work of the development of Construction of Integrated Complex for Delhi Judicial Academy, National Law School and National Institute for Mediation and Conciliation at Sector-14, Dwarka, New Delhi. The work was awarded to the petitioner by letter dated 10th September, 2007 for which an agreement No.2/EE/BPD/B131/2007-2008 was executed. As per the contract the st...


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