Delhi Court July 2013 Judgments
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Khairati Ram Vs. the State
Court: Delhi
Decided on: Jul-26-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. No. 103/2003 Date of Decision:26. h July, 2013 KHAIRATI RAM Through: ..... Appellant Mr. D. P. Chopra, Advocate. versus THE STATE Through: ..... Respondent Ms. Fizani Husain, APP for the State. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT :SUNITA GUPTA, J.1. Challenge in this appeal is to the judgment dated 27 th January, 2003 and the order of sentence dated 28th January, 2003 arising out of Sessions Case No. 160/97 in case FIR No. 246/96 under Sections 328/379/468/471/34 of Indian Penal Code, 1860 (hereinafter, in short IPC) registered at Police Station Samaipur Badli, whereby the appellant along with his co-accused was held guilty of the aforesaid offences and was sentenced to undergo as under: (i) For offence under Sections 328/34 IPC, he was sentenced to undergo simple imprisonment for five years and also to pay fine of Rs.500/-, in default of fine to undergo simple imprisonment for ten days; (ii) For offence under Sections 3...
R.B.Misra Vs. Dda
Court: Delhi
Decided on: Jul-26-2013
$~08. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 499A/2005 % Judgment Delivered on:26. 07.2013 R.B.MISRA Through: ..... Petitioner Mr.R.Rajappan, Advocate versus DDA Through: ..... Respondent Mr.Ashwani Kumar, Advocate CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.(ORAL) IA NO.6718/2005 1. The present objection has been filed by DDA under Sections 30 and 33 of the Indian Arbitration Act, 1940 assailing the award dated 03.07.1989.2. The necessary facts to be noticed are that the claimant, Sh.R.B. Misra, was awarded the work of construction of 528 Janta Houses in Block A, Group C, Paschimpuri, New Delhi. Rs.46,42,004/-. The estimated cost was Besides the estimated cost, the tender cost was Rs.53,38,304/-. Tender cost was 15% above the estimated cost. The date of commencement of work was 14.12.1976 and the stipulated date of completion of work was 13.10.1977. Admittedly, the work was rescinded by the DDA on 08.06.1979. In all 10 bills were paid and the last bill was paid o...
M/S Modi Infosole Pvt. Ltd. Vs. Mrs Sukhdev Kaur
Court: Delhi
Decided on: Jul-25-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. th July, 2013 + RFA 308/2013 & CM No.10197/2013 (for stay) M/S MODI INFOSOLE PVT. LTD. ..... Appellant Through: Mr. L.B. Rai, Advocate. Versus MRS SUKHDEV KAUR ..... Respondent Through: Mr. Arjun Harkauli, Advocate. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUSTICE RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree dated 27 th February, 2013 in suit No.04/2012 of Additional District Judge (ADJ)-05, Saket Courts, New Delhi on admissions, of ejectment of the appellant from commercial shop No.103 on the first floor of building No.88, Skipper Corner, Nehru Place, New Delhi.2. The appeal came up first before this Court on 10th July, 2013 when the counsel for the respondent being on caveat appeared and the Trail Court record was ordered to be requisitioned.3. The Trial Court record has been received. The counsels have been heard.4. The respondent instituted the suit from which this appeal arises, pleading: (i...
National Investor Forum Regd. Vs. Golden Forests India Ltd.
Court: Delhi
Decided on: Jul-25-2013
$~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. 07.2013 + W.P.(C) 1399/2010 NATIONAL INVESTOR FORUM REGD...... Petitioner versus GOLDEN FORESTS INDIA LTD. ..... Respondent + W.P.(C) 1400/2010 NATIONAL INVESTORS FORUM ..... Petitioner versus GOLDEN FORESTS INDIA LTD. ..... Respondent Through: Sh. Ashok Kumar Singh, Sh. Naresh Kumar Gaur, Sh. Shantwanu Singh and Sh. H.C. Sharma, Advocates. Sh. Harpavan Kumar Arora, Sh. Prashant Chauhan and Sh. Saurabh. S. Sinha, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % C.M. APPL. 4306/2010, 5546/2010 & 5547/2010 1. The present applicant, M/s. BCC Builders Private Limited seeks directions for setting-aside the order of the Committee dated 20.01.2010, appointed by the Supreme Court in respect of M/s. Golden Forests India Limited (GFIL). The Committee had rejected the appeal of M/s. BCC Builders Private Limited, and the applicant in the other pro...
Dr.Manmohan Singh Grover Vs. Mohinder Singh Grover
Court: Delhi
Decided on: Jul-25-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. h July, 2013 + RFA 441/2004 DR.MANMOHAN SINGH GROVER ..... Appellant Through: Mr. Sunil Malhotra with Ms. Sonali Malhotra, Advocates. Versus MOHINDER SINGH GROVER ..... Respondent Through: Mr. S.C. Singhal, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUSTICE RAJIV SAHAI ENDLAW, J.1. This first appeal is preferred against the judgment and decree dated 31st March, 2004 of the learned Additional District Judge (ADJ) in Suit No.306/2003 filed by the sole respondent to this appeal. Though the said suit was filed, besides against the appellant, against Smt. Maya Devi and Smt. Jaswant Kaur also but it is stated that Smt. Maya Devi and Smt. Jaswant Kaur have since died and have as such been deleted and now the lis is between the appellant and the respondent only.2. The respondent/plaintiff had filed the said suit for recovery of possession of the rear portion of the first floor of house No.25/22, Tilak Nagar, New Delhi. It w...
Sh. Sanjay Singh Vs. M/S. National Co-operative Consumers Federation o ...
Court: Delhi
Decided on: Jul-25-2013
* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.8406/2008 25th July, 2013 % SH. SANJAY SINGH Through: ..... Petitioner Mr. K.K. Mehrotra, Advocate with Ms. Puja Anand, Advocate. versus M/S. NATIONAL CO-OPERATIVE CONSUMERS FEDERATION OF INDIA LTD. AND ANR. ..... Respondents Through: Ms. Anju Bhattacharjee, Advocate. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed by one Mr. Sanjay Singh, an employee of the respondent No.1, seeking certain monetary reliefs of higher salary etc. Learned counsel for the respondent No.1 has drawn the attention of this Court to a judgment of a Division Bench of this Court reported as J.S. Arneja Vs. National Cooperative Consumers Federation of India Ltd. and Ors. AIR 199.Delhi 44 which holds that respondent No.1 is not a State.2. Learned counsel for the petitioner wanted to refer to me various judgments of the Supreme Court on the principles as to what is a Stat...
National Insurance Co.Ltd. Vs. Raghunath and ors.
Court: Delhi
Decided on: Jul-25-2013
$~R-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. h July, 2013 % FAO No. 296/2002 NATIONAL INSURANCE CO.LTD. Through: ..... Appellant Mr.L.K.Tyagi, Advocate. Versus RAGHUNATH & ORS. ..... Respondents Through: None. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Despite service of notice none appeared on behalf of the respondents. Moreover, vide order dated 25.04.2013, the Registry was directed to send the court notices to respondent Nos. 1 to 6 and Mr.Subhash Gupta, Advocate.2. As per office report, none is residing at the given address and their counsel also chose not to appear. Hence, this Court has no option but to proceed with the matter.3. The present appeal is directed against the impugned award dated 16.04.2002, whereby the learned Tribunal had awarded a compensation of Rs.6,25,000/- with interest at the rate of 9% per annum from the date of filing of the petition till realization.4. Learned counsel for the appellant/Insurance Company has...
Sh. Alok Chandra Jha Vs. Central Bank of India
Court: Delhi
Decided on: Jul-25-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.7953/2010 25th July, 2013 % SH. ALOK CHANDRA JHA Through: ..... Petitioner Mr. Prem Prakash, Advocate. versus CENTRAL BANK OF INDIA Through: ..... Respondent Mr. Ashish Wad, Advocate. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed by the petitioner seeking appointment to the respondent. The petitioner seeks appointment as a Probationary Officer in Scale-I with the respondent.2. Counsel appearing for the respondent has argued that this Court would have no jurisdiction because the only advertisement issued for recruitment was in Mumbai (Annexure P-1 to the writ petition) and which specifically states that the sole jurisdiction of the Courts with respect to disputes arising out of the advertisement will be of the Courts at Mumbai. Reliance is placed upon the recent judgment of the Supreme Court in the case of M/s. Swastik Gases P. Ltd. Vs. Indi...
United Sports Traders (Delhi) Pct Ltd. and anr. Vs. Standing Counsel ( ...
Court: Delhi
Decided on: Jul-25-2013
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:25. 07.2013 W.P.(C) 4974/2012 & CM 6314/2013 UNITED SPORTS TRADERS (DELHI) PCT LTD. & ANR. ..... Petitioner Through: Mr. Sanjay Jain with Ms. Sudha Bhadauria, Advs. versus STANDING COUNSEL (CRIMINAL), GOVT. OF NCT OF DELHI ..... Respondents Through: Mr. Sanjiv Sharma, Adv. for Noticees Mr. Amit Kohli, Mr. Someer Kohli and Smt. Usha Kohli CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court is aggrieved from the order dated 9.7.2012 passed by learned Standing Counsel (Criminal), Govt. of NCT of Delhi, whereby he declined request of the petitioners, seeking his consent, required under Section 15(2) of the Contempt of Court Act, for proceedings against Mr. Parminder Sachdev, the alleged contempor no.1, Smt. Anju Sachdev, alleged contemnor no.2 and Alpine Modular Interior Private Limited, the alleged contemnor no.3. The case of the petitioners in nutshell is that the alleged contemnor...
Dr. Debasis Poddar and ors. Vs. Guru Gobind Singh Indraprastha Univers ...
Court: Delhi
Decided on: Jul-25-2013
* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.2943 /2013 25th July, 2013 % DR. DEBASIS PODDAR & ORS. Through: ..... Petitioners Mr. Bharat Sangal, Advocate with Ms. Yanmi, Advocate. versus GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY AND ANR. ..... Respondents Through: Mr. Rakesh Kumar Khanna, Senior Advocate with Mr. Mukul Talwar, Advocate and Mr. S. Mohapatra, Advocate. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. Though only the interim application was listed for hearing, I am proposing to dispose of the main writ petition itself in view of the recent Constitution Bench judgment of the Supreme Court in the case of Faculty Association of AIIMS Vs. Union of India and Ors. in Civil Appeal No.4500/2002 decided on 18.7.2013. I have gone through the judgment with the assistance of the counsel and I have also heard them as regards the facts of the case.2. There are three petitioners in the present petition. Petitioner ...
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