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Delhi Court April 2013 Judgments

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Apr 25 2013

Uoi and ors. Vs. J.C.Gonsalvez and ors.

Court: Delhi

Decided on: Apr-25-2013

$~11 & 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : April 25, 2013 + W.P.(C) 21357-59/2005 UOI & ORS. Represented by: ..... Petitioners Mr.Amrit Pal Singh, CGSC with Ms.Gurjinder Kaur, Advocate versus J.C.GONSALVEZ & ORS. ..... Respondents Represented by: Mr.L.R.Khatana, Advocate W.P.(C) 6001/2011 UOI & ANR. Represented by: ..... Petitioners Mr.Ruchir Mishra, Advocate with Mr.Ramneek Mishra and Mr.Sanjiv Kumar Saxena, Advocates versus PREETI SHUKLA Represented by: ..... Respondent Mr.L.R.Khatana, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V. KAMESWAR RAO PRADEEP NANDRAJOG , J.(Oral) 1. Vide order impugned in W.P.(C) No.21357-59/2005, pronounced by the Tribunal on November 17, 2004, the writ petitioners have been directed to pay salary to the Assistant Chemist and Chemist working in the Directorate of Vanaspati Vegetable Oils and Fats, Department of Food and Public Distribution in the pay scale `5000-8000 and `6500-10500 respectively w...


Apr 25 2013

international College of Financial Planning Ltd Vs. Sanjiv Batra

Court: Delhi

Decided on: Apr-25-2013

$~5 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 370/2012 and CM Appl. No. 6064/2013 (O 4.R 5(2) CPC) Decided on 25th April, 2013 INTERNATIONAL COLLEGE OF FINANCIAL PLANNING LTD ..... Appellant Through : Ms. Garima Prashad, Adv. versus SANJIV BATRA Through + ..... Respondent : Ms. Leena Tuteja, Adv. AND RFA 371/2012 and CM Appl. No. 6007/2013 (O 4.R 5(2) CPC) INTERNATIONAL COLLEGE OF FINANCIAL PLANNING LTD ..... Appellant Through : Ms. Garima Prashad, Adv. versus KANWALJEET KAUR KOCHAR ..... Respondent Through : Ms. Leena Tuteja, Adv. AND + RFA 372/2012 and CM Appl. No. 6065/2013 (O 4.R 5(2) CPC) INTERNATIONAL COLLEGE OF FINANCIAL PLANNING LTD ..... Appellant Through : Ms. Garima Prashad, Adv. versus ROHIT ANAND + ..... Respondent Through : Ms. Leena Tuteja, Adv. AND RFA 373/2012, CM Appl. Nos. 4965/2013 (O 4.R 5(2) CPC) and 16955/2012 (for filing Addl. Documents) INTERNATIONAL COLLEGE OF FINANCIAL PLANNING LTD ..... Appellant Through : Ms. Garima Prashad, Adv. versus VIJAY KUMAR ...


Apr 25 2013

Jagmohan Sharma and ors. Vs. Nipccd and ors.

Court: Delhi

Decided on: Apr-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: April 18, 2013 Judgment Pronounced on: April 25, 2013 + WP (C) 7958/2011 JAGMOHAN SHARMA & ORS. .....Petitioners Represented by: Mr.Yashish Chandra, Advocate versus NIPCCD & ORS. Represented by: ..... Respondents Mr.H.D.Sharma, Advocate for R-1 Mr.Saajib Qureshi, Advocate for Mr.Jatan Singh, CGSC for UOI CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. The issue pertaining to pay-scale in which Assistants and Stenographers Grade-II working in subordinate and attached offices of the Union of India as also Autonomous Bodies established by the Government vis--vis Assistants and Stenographers working in the Central Secretariats and appointed through competitive examination and becoming members of the Central Secretariat Service (CSS) and Central Secretariat Stenographers Service (CSSS) became the bone of contention when the 3rd Central Pay Commission placed the two in di...


Apr 25 2013

M/S National Highways Authority of India Vs. M/S Sew Infrastructure Lt ...

Court: Delhi

Decided on: Apr-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: April 25, 2013 + OMP No.95/2013 M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Petitioner Through Mr.Sudhir Nandrajog, Sr. Adv. with Ms.Meenakshi Sood, Adv. versus M/S SEW INFRASTRUCTURE LTD ..... Respondent Through Mr.Harish Malhotra, Sr. Adv .with Mr.S.K. Chandwani, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(Oral) 1. The petitioner has filed the objections under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) challenging the impugned Award dated 1 st October, 2012 passed by the learned Arbitral Tribunal in respect of dispute raised by the respondent with regard to the work of widening to four/six lane and upgrading of existing two lane road from km 49 to 97 (Chamlavathui River to Srikakulam) of NH5 in the State of Andhara Pradesh-Pkg AP-1 (Balance work).2. The work of this project was originally awarded to M/s You One Maharia. The last date for sale ...


Apr 25 2013

Om Prakash Kapoor Vs. D.D.a

Court: Delhi

Decided on: Apr-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:25. 04.2013 W.P.(C). No.10616/2009 OM PRAKASH KAPOOR Through ..... Petitioner Shri Harish Malhotra, Advocate with Shri R.K. Modi, Advocate for the petitioner. versus D.D.A ..... Respondent Through Ms. Manika Tripathy Pandey, Advocate for respondent/DDA. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The respondent DDA held an auction on 20.10.1984, for sale of plots meant for running cold storage. The bid of the petitioner having been accepted, plot No.273 New Subzi Mandi Okhla Industrial Area, New Delhi was allotted to him by the Delhi Development Authority for running a cold storage. The building plans for running cold storage were duly sanctioned by Delhi Development Authority. When the petitioner applied for a license to running a cold storage, the request was refused by the Government. Aggrieved from refusal of permission to run a cold storage, the petitioner filed a writ petition before this Court bei...


Apr 25 2013

D.D.A. Vs. Rajiv Khurana

Court: Delhi

Decided on: Apr-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. d April, 2012 Date of Decision:25. h April, 2013 % + CRL. A. 695/1999 D.D.A. Through: ..... Appellant Mr. Rajesh Mahajan with Mr. Agnihotri, Advocates. versus RAJIV KHURANA Through: ..... Respondent Mr. Rajesh Gupta, Advocate. CORAM: MR. JUSTICE R.V. EASWAR JUDGMENT R.V. EASWAR, J.: By the present appeal, the appellant challenges the judgment of the Metropolitan Magistrate passed on 01.03.1999 acquitting the respondent of the offence charged under section 29(2) of the Delhi Development Act, 1957, hereinafter referred to as the DD Act.2. The facts are these. On 01.03.1995, the surveyor of DDA, Shri D.D. Tyagi inspected premises bearing not A-7, Kirti Nagar, Delhi and found that a furniture showroom under the name and style of M/s. Khurana Furniture was functioning in the ground floor in an area of about 2500 sq. yds. The premises fell in Development Zone not G-2 of the Master Plan for Delhi and, therefore, could have been used on...


Apr 25 2013

Sharda Devi Vs. Union of India and ors.

Court: Delhi

Decided on: Apr-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: April 25, 2013 + WP (C)3018/2012 SHARDA DEVI Represented by: .....Petitioner Mr.K.K.Sharma, Advocate versus UNION OF INDIA & ORS. ..... Respondents Represented by: Mr.Ashish Nishchal, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.(oral) CM No.6512/2013 (delay in refiling) Allowed. Delay in refiling the writ petition is condoned. WP (C)3018/2012 1. A Letter received by the Supreme Court came to be registered as W.P.(C) No.1276/1986. The letter brought out that daily rated employees/casual workers were appointed by the various Ministries, attached and subordinate offices of the Government of India and for years together a fixed daily wage was paid which was less than even half the amount which was being paid to regular employees performing same job. It was pointed out to the Supreme Court that no holidays were given; no medical facilities were given; the women wer...


Apr 25 2013

Madan Mohan Rao Vs. United Bank of India and ors.

Court: Delhi

Decided on: Apr-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) Nos. 5033/1997 & 6546/2003 25th April, 2013 % 1. W.P.C No.5033/1997 MADAN MOHAN RAO Through: ......Petitioner Mr. M.N.Krishnamani, Sr. Adv. with Mr. Soumyajit Pani, Advocate. VERSUS UNITED BANK OF INDIA & ORS. ...... Respondents Through: Mr. Aquib Ali, Advocate.2. W.P.C No.6546/2003 MADAN MOHAN RAI Through: ......Petitioner Mr. M.N.Krishnamani, Sr. Adv. with Mr. Soumyajit Pani, Advocate. VERSUS UNITED BANK OF INDIA & ORS. ...... Respondents Through: Mr. Aquib Ali, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? W.P.(C) No. 5033/1997 & 6546/2003 VALMIKI J.MEHTA, J (ORAL) CM No. 18154/2012 (restoration) in W.P.(C) No. 5033/1997 CM No. 18151/2012(restoration) in W.P.(C) No. 6546/2003 There is no opposition to these applications. The applications are therefore allowed and writ petitions are restored to their original numbers. CMs stand disposed of. W.P.(C) No. 5033/1997& W.P.(C) No. 6546/2003 1. ...


Apr 25 2013

Neera Sharma Vs. Delhi Development Authority

Court: Delhi

Decided on: Apr-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:25. 04.2013 W.P.(C) 5180/2012 NEERA SHARMA Through: ..... Petitioner Mr S.K. Rungta, Sr. Adv. with Mr. Prashant Singh, Mr. Jeevan Chandra and Ms. Prateti Rungta, Advs. versus DELHI DEVELOPMENT AUTHORITY Through: ..... Respondent Mr. Kamal Nijhawan with Mr. Sumit Gaur, Advs. for DDA CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court was issued a Letter of Intent (LOI) by IBP Limited for setting up a petrol pump. As per the terms and conditions of the said LOI, the petitioner leaved out her agricultural land situated in revenue estate of Village Pooth Khurd, Delhi to the said company i.e. IBP Limited for the purpose of opening a petrol pump outlet. The said company, applied to DDA for change of land use of the above referred agricultural land so that it could be used to run a petrol pump. The petitioner deposited a sum of Rs.12,15,000/- with DDA towards conversion charges for chan...


Apr 25 2013

Shri Gurcharan Lal Kumar Vs. Srimati Satyawati and ors

Court: Delhi

Decided on: Apr-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:25.4.2013 RC.REV. 285/2012 & C.M. 11263/2012 (stay) SHRI GURCHARAN LAL KUMAR ..Petitioner Through: Mr.G.P.Thareja, Adv. Versus SRIMATI SATYAWATI & ORS. ...Respondents Through: Mr.Shiv Charan Garg and Mr.Imran Khan, Advs. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1 Order impugned is the order dated 27.3.2012 vide which Additional Rent Controller (ARC) had decreed the eviction petition filed by the respondent/landlord under section 14(1)(e) of the Delhi Rent Control Act (DRCA); the application seeking leave to defend filed by the petitioner/tenant had been dismissed. 2 Record shows that the present eviction petition had been filed by the respondent under Section 14(1)(e) read with Section 25 B of the DRCA. This was qua municipal number of premises 6671, present known as plot not D-154, Kamla Nagar, Delhi. The petitioner was inducted as a tenant of respondent no.1. He, however, illegally sublet the pre...


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