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Delhi Court April 2013 Judgments

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Apr 17 2013

S.C. Batra Vs. Union of India and anr.

Court: Delhi

Decided on: Apr-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) Nos. 142/2005 & 143/2005 17th April, 2013 % 1. W.P.(C) No. 142/2005 S.C. BATRA Through: ...... Petitioner Mr. G.D. Gupta, Senior Advocate with Mr. Sarvesh Bisaria, Advocate. VERSUS UNION OF INDIA AND ANR. Through:2. ...... Respondent Mr. B.V. Niren, CGSC with Mr. Prasouk Jain, Advocate for respondent No.1. Mr. Vikas Singh, Senior Advocate with Mr. K.K. Tyagi, Advocate for respondent No.2. W.P.(C) No. 143/2005 S.C. BATRA Through: ...... Petitioner Mr. G.D. Gupta, Senior Advocate with Mr. Sarvesh Bisaria, Advocate. VERSUS UNION OF INDIA AND ANR. Through: W.P.(C) Nos.142/2005 & 143/2005 ...... Respondent Mr. B.V. Niren, CGSC with Mr. Prasouk Jain, Advocate for respondent No.1. Mr. Vikas Singh, Senior Advocate with Mr. K.K. Tyagi, Advocate for respondent No.2. Page 1 of 15 CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J.MEHTA, J (ORAL) W.P.(C) No.142/2005 1. This writ petition is filed by one...


Apr 17 2013

Satendra Kumar Gupta Vs. Union of India and ors.

Court: Delhi

Decided on: Apr-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.293/2013 Date of decision:17. h April, 2013 % SATENDRA KUMAR GUPTA Through: ..... Petitioner Mr.B.K.Mishra, Advocate. versus UNION OF INDIA & ORS. Through: ..... Respondents Mr.Saqir, Advocate. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J (Oral) 1. We have heard learned counsel for the parties. The petitioner in the instant case joined services on 08th May, 1995 as Overseer with the Border Roads Organisation and was promoted on 17th January, 2003 to the post of Superintendent Building & Roads Grade II (Now JE (Civil)) w.e.f. from 17th January, 2003.2. On 18th December, 2006, while working with the Border Road Organisation, the petitioner submitted an application through proper channel for appointment to the post of Junior Engineer (Civil) in Bihar Staff Selection Commission, Patna which was at a higher pay scale. The respondents issued No Objection Certificate dated 28th December, 2006 info...


Apr 17 2013

Kawal Sachdeva Vs. Madhu Bala Rana and ors

Court: Delhi

Decided on: Apr-17-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. h April, 2013 % + I.A. No.3890/2013 (of D-3 to 8 u/O 1.R-5 CPC) in CS(OS) 3227/2011 KAWAL SACHDEVA Through: ..... Plaintiff Mr. Dinesh Garg and Ms. Rachna Agrawal, Advocates. Versus MADHU BALA RANA & ORS ..... Defendants Through: Mr. M.M. Singh, Adv. for D-2. Mr. Gurmit Singh, Adv. for D-3 to 8. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The plaintiff has sued for possession pleading, that Major Ranbir Singh Rana was the sole absolute owner of property no.J-1/161-A, Rajouri Garden, Delhi and acting through his wife and attorney defendant no.1, vide Sale Deeds of the year 2009 has sold the middle and rear portion of the said property admeasuring 910 sq. yds. to the plaintiff; that though possession/constructive possession of the entire property sold was under the Sale Deeds delivered but in fact possession of some portions was not delivered on the plea that the goods of the defendant no.2 who is the ...


Apr 17 2013

Ombir Singh Vs. Gnct of Delhi and ors.

Court: Delhi

Decided on: Apr-17-2013

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: April 17, 2013 + W.P.(C) 6233/2012 OMBIR SINGH ..... Petitioner Represented by: Mr.Anil Singal, Adv. versus GNCT OF DELHI AND ORS Represented by: ..... Respondents Ms.Sujata Kashyap, Mr.Bakul Jain, Advs. with Mr.Rishi Raj, Pervi Officer, Dist.West-in person. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.(Oral) 1. Regretfully the matter needs to be remanded to the Tribunal for the reason a cryptic finding has been returned; after noting the arguments of the parties. The finding in paras 4 to 6 of the impugned order, which constitutes the entire reasoning of the Tribunal, reads as under:4. We heard both the learned counsel and perused the record on file.5. We are of the opinion that the stand of the applicant that since the major charge of taking the government vehicle home and of beating up HC Babu Lal were not proved and, therefore, the punishment could not have been ...


Apr 17 2013

Sanchal Foundation Vs. Delhi Development Authority and ors

Court: Delhi

Decided on: Apr-17-2013

$~19. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 790/2012 SANCHAL FOUNDATION Through: ..... Petitioner Ms.Jayashree Satpute, Adv. Versus DELHI DEVELOPMENT AUTHORITY & ORS ..... Respondents Through: Mr.Ajay Verma, Adv. for DDA. Ms.Shawana Bari, Adv. for Mr.Rajiv Nanda, Adv. for GNCT of Delhi. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH % 1. ORDER 17 04.2013 This pro bon publico petition filed by the petitioner, Sanchal Foundation seeks for the following reliefs: i. Issue a writ of Mandamus or any other appropriate writ, order or direction to Respondent no.1 (DDA) to forthwith rehabilitate all of the families in the list of 94 that have documents establishing residency prior to 31 Dec 1998, including the 68 the DDA has already agreed prossess such documents. Rehabilitation should include the allocation of plots at Bawana, along with ensuring that all services and community infrastructure is available. ii. Issue a writ of mandamus or any other appropriate wri...


Apr 17 2013

Parmod Vats Vs. Employees State Insurance Corporation

Court: Delhi

Decided on: Apr-17-2013

$~11&12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : April 17, 2013 + W.P.(C) 6225/2012 DEEPAK Represented by: ..... Petitioner Ms.Jyoti Singh, Sr.Advocate instructed by Mr.Sachin Chauhan, Advocate. versus UOI & ORS. Represented by: ..... Respondents Mr.Ruchir Misra and Mr.M.P.Singh, Advocates for R-1. Mr.Manish Kumar Saran and Mr.S.P.Sharan, Advocates for R-2 and R-3. W.P.(C) 7025/2012 PARMOD VATS Represented by: .... Petitioner Ms.Jyoti Singh, Sr.Advocate instructed by Mr.Sachin Chauhan, Advocate. versus EMPLOYEES STATE INSURANCE CORPORATION ....Respondent Represented by: Mr.Manish Kumar Saran and Mr.S.P.Sharan, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V. KAMESWAR RAO PRADEEP NANDRAJOG, J.(Oral) 1. Identical issue raised in the two captioned petitions was decided by a Division Bench of which one of us, Pradeep Nandrajog, J.was a Member of, when four writ petitions, lead matter being W.P.(C) No.696/2013 Mukesh Kumar Vs. ESIC & Ors. ...


Apr 17 2013

Madhu Sharma and ors. Vs. Gnctd of Delhi and ors.

Court: Delhi

Decided on: Apr-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % 1. W.P.(C) No. 3873/2011 & conn. 17th April, 2013 WP(C) No. 3873/2011 & CM No.8061/2011 (Stay) MADHU SHARMA & ORS. Through: ......Petitioners Mr. Mukesh K. Giri and Mr. Rachit Mittal, Advocates. VERSUS GNCTD OF DELHI & ORS. Through:2. ..... Respondents Mr. Varun Gupta with Ms. Sonia Arora, Advs. for GNCTD. WP(C) No. 3422/2010 & CM No.6866/2010 (Stay) USHA KUMARI & ORS. Through: ......Petitioners Mr. Mukesh K. Giri and Mr. Rachit Mittal, Advocates. VERSUS GOVT. OF NCT OF DELHI & ORS. ...... Respondents Through: Ms. Sangeeta Sondhi, Adv. for R-1,3,4 and 5.3. WP(C) No. 5726/2010 & CM No.11289/2010 (Stay) ROMESH DEVI & ORS. Through: ......Petitioners Mr. Mukesh K. Giri and Mr. Rachit Mittal, Advocates. VERSUS GOVT. OF NCT OF DELHI & ORS. ...... Respondents Through: Ms. Sangeeta Sondhi, Adv. for R-1,3,4 and 5.4. WP(C) No. 3320/2008& CM Nos. 6373/2008 (Stay) & 4455/2010 (directions) MADHU SHARMA & ORS. Through: ......Petitioners Mr. Mukesh K. Gir...


Apr 17 2013

M/S. Sagar Ratna Restaurants Private Limited Vs. Tarseem Kumar and ors

Court: Delhi

Decided on: Apr-17-2013

* THE HIGH COURT OF DELHI AT NEW DELHI + OMP 1064/2012 Date of Decision:17. 04.2013 M/S. SAGAR RATNA RESTAURANTS PRIVATE LIMITED. Petitioner Through: Mr. Jagjeet Singh, Advocate. Versus Respondent TARSEEM KUMAR & ORS. Through: Mr. Yogendra Nath Bhardwaj, Advocate with Mr. Daksh S.Bhardwaj & Mr.Rakesh Tripathi, Advocates. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996. The admitted facts of the case are that vide an agreement dated 01.05.2005 executed between the respondents and M/s. Sagar Ratna Hotels P. Ltd. (M/s. SRHP), the commercial premises being premises No. 33, 35 & 36, Pocket C-9, Sector 7, Rohini, Delhi situated on the ground & first floors, was agreed to be provided by the respondents to M/s. SRHP for running its outlet of restaurant on the terms and conditions as stipulated therein. One of the terms being that the duration of the agreement was for a period of ten years from t...


Apr 17 2013

Ramesh Chander Gupta Vs. D.D.A.

Court: Delhi

Decided on: Apr-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:17. 04.2013 W.P.(C) 4885/2011 RAMESH CHANDER GUPTA Through: Versus .....Petitioner Mr. Nanda Kinra, Adv. D.D.A. ..... Respondent Through: Mr. Arun Birbal, Adv. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner got himself registered for allotment of an MIG flat from DDA, under its NPRS, 1979. At the time of registration, the petitioner disclosed his address as 85, Prem Nagar. On the allotment of the petitioner maturing, flat in Dwarka bearing No.264, Sector 17, Pocket B was allotted to him and a demand cum allotment letter was accordingly issued to him bearing the block dates i.e. 22.06.1999 to 26.06.1999, at the address given in the registration form.2. The said letter was returned by the post office for the endorsement 85 number not available in Prem Nagar. No attempt was made by the respondent/DDA to send the demand cum allotment letter at the occupational address which the petitioner had dis...


Apr 17 2013

Court on Its Own Motion Vs. Delhi Development Authority and ors.

Court: Delhi

Decided on: Apr-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI SB-1 + W.P. (C) No. 7057 of 2005 COURT ON ITS OWN MOTION ..... Petitioner Through: Mr. Bhagat Singh and Mr. Vidit Gupta, Advocates. versus DELHI DEVELOPMENT AUTHORITY & ORS. ..... Respondents Through: Mr. Sanjay Poddar, Senior Advocate with Mr. Sanjay Kumar Pathak, Advocate for L&B Deptt. & LACs with Mr.Dharam Pal, Secretary (L&B) & Secretary (Revenue) Mr. G.P. Srivastava, Legal Advisor Mr. Vinay Kumar, Addl. Secy. (L&B) Mr. Ajay Kumar, LAC (South East) Mr. Ranjeet Singh, LAC (East) Mr. Manoj Dwivedi, LAC(South) Mr. M.T. Kom, LAC (West) Mr. Shamim Akhtar, LAC (North) Mr. S.S. Parihar, LAC( North West) Ms. Sujata Kashyap, Advocate for GNCTD. Mr. Ajay Verma, Advocate for DDA with Mr. S.N.Gupta, Director (LM), Mr. V.S. Tomar, Director (Systems), Mr. Brijesh Mishra, Commissioner (LM). Mr. S.D. Sharma, Senior Law Officer (LM). Mr. G.P. Singh, Addl. Secy. (Home Department) Mr. Diptivilasa, Vice Chairman, DDA CORAM: HONBLE DR. JUSTICE S. MURALIDHAR HO...


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