Delhi Court July 2013 Judgments
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Som Prakash Vs. V K Gupta
Court: Delhi
Decided on: Jul-19-2013
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 446/2012 Date of Decision:19. h July, 2013. SOM PRAKASH ..... Petitioner Through Ms. Deepali Gupta, Advocate. versus V K GUPTA Through ..... Respondent Mr. Praveen Kumar and Mr. Anuj Singh, Advocates. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA SUDERSHAN KUMAR MISRA, J.(ORAL) The rejoinder has not been filed. On 25th November, 2011, the petitioners appeal, being LPA No.566/2011, was allowed holding, inter alia, as follows:2. .........Therefore, the respondent could recover the rent for a period preceding three years from 16th March 2009 i.e. from 17th March, 2006 till the date the appellant vacated the premises.3. The appeal is allowed in part to the aforesaid extent. The respondents have already recovered the penal rent calculated by the Estate Officer i.e. 689695 from the retiral dues of the appellant. The actual damages payable by the appellant for three years, as mentioned above, shall be calculated and balance amount...
Ashwani Kumar Vs. Central Board of Secondary Education (Cbse) and ors.
Court: Delhi
Decided on: Jul-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:19. 07.2013 W.P.(C) 4378/2013 ASHWANI KUMAR ..... Petitioner Through:Mr.Ashutosh Dubey with Ms.Vriti Anand and Mr.Abhishek Chauhan, Advocates. versus CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) & ORS. ..... Respondents Through: Ms.Ritika Nagpal with Mr.Amit Bansal Advocates for the respondent/CBSE. Mr.J.S.Rupal, Advocate for the respondent/ University of Delhi. Mr.Roshan Lal Goel, Advocate for respondent No.3/UOI. + W.P.(C) 4511/2013 VAISHNAVI VERMA ..... Petitioner Through:Mr.J.P.Sengh, Senior Advocate with Mr.Rishi Sehgal, Mr.Amit Khemka, Mr.Sumeet Batra and Ms.Ankita Gupta, Advocates versus CENTRAL BOARD OF SECONDARY EDUCATION & ANR ..... Respondents Through: Ms.Ritika Nagpal with Mr.Amit Bansal Advocates for the respondent/CBSE. Mr.J.S.Rupal, Advocate for the respondent/ University of Delhi. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioners before this Court appeared in National Eligibility...
Shri Sunil Kumar Vs. Airports Authority of India
Court: Delhi
Decided on: Jul-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:16. 07.2013 Pronounced on:19. 07.2013 + FAO (OS) 155/2013, C.M. APPL.4746/2013 SHRI SUNIL KUMAR Through: Sh. Advocate. ...... Appellant Pawanjit Singh Bindra, versus AIRPORTS AUTHORITY OF INDIA ..... Respondent Through: Sh. Abhinav Vashisht, Sr. Advocate with Sh. Digvijay Rai, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S. RAVINDRA BHAT 1 In this arbitration appeal, the order of a learned Single Judge in OMP 345/2009, to the extent it rejected the Appellants claim for enhancement of the quantum of compensation contained in an arbitration award, is challenged. The impugned order was made on a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the 1996 Act).2. The Airports Authority of India (AAI) issued a Notice Inviting Tender (NIT) on 15th November 1998 for removal and disposal of garbage from various designated points inside the operational ar...
Mohammad Nair Vs. State (N.C.T. of Delhi)
Court: Delhi
Decided on: Jul-19-2013
$-48 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :19. h JULY, 2013 + CRL.A. 844/2011 & CRL.M.A. 10515/2013 MOHAMMAD NAIR Through : ..... Appellant Ms. Arundhati Katju, Advocate. versus STATE (N.C.T. OF DELHI) Through : ..... Respondent Mr.M.N.Dudeja, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Mohd.Nair (the appellant) impugns a judgment dated 17.02.2011 of learned Additional Sessions Judge in Sessions Case No. 105/2008 arising out of FIR No. 74/2007 PS J.P.Kalan by which he was convicted under Sections 323/395 IPC. By an order dated 19.02.2011, he was sentenced to undergo RI for five years with fine ` 10,000/-.2. Allegations against the appellant were that on the night intervening 15/16.05.2007 at about 11.00 P.M. he and his associates Mohd.Tehkhan (since PO), Mohd. Shahnawaj Alam and Mohd.Chunna (both facing trial before Juvenile Justice Board) and othe6. associates barged into the fields of Naresh Kumar with common intention to steal the CI Pipes kep...
National Insurance Co. Ltd. Vs. Vijay Kumar and ors.
Court: Delhi
Decided on: Jul-19-2013
$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:19. h July, 2013 % + MAC.APP. No. 1123/2012 & CM Nos. 17994-95/2012 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. A.K.Soni, Advocate. Versus VIJAY KUMAR & ORS. Through: ..... Respondents Mr. N.K. Jha, Advocate for Respondent No.1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) MAC.APP. No. 1123/2012 1. The present appeal has been preferred against the impugned award dated 07.03.2012, whereby the learned Tribunal has granted the compensation in favour of the respondent No.1/claimant as under:Pecuniary Head:1. 2. 3.4. MACA-1123-2012 Loss of earning capacity Rs.5,61,000/Medical expenses Rs.3,34,000/Attendant Charges Rs. 20,000/Conveyance and special diet Rs.20,000/_____________ Total Compensation Non-Pecuniary Head 1.2.3. Pain and Suffering, mental trauma Loss of amenities of life Damages due to permanent disability Total : Rs.1,00,000/: Rs.1,00,000/:Rs.1,00,000/Rs.3,00,000/- Hence the total comp...
Lm Nagpal and ors. Vs. M/S Fatehji and Co. and ors.
Court: Delhi
Decided on: Jul-19-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. th July, 2013 % + RFA 350/1997 LM NAGPAL & ORS. Through: ..... Appellants Mr. M.L. Mahajan & Mr. Gaurav Mahajan, Advs. Versus M/S FATEHJI & CO. & ORS. ..... Respondents Through: Mr. Abhinav Vasisht, Sr. Adv. with Mr. Naveen Kumar Chaudhary & Mr. Gulshan Chawla, Advs. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The appeal impugns the order dated 07.08.1997 of the Court of Additional District Judge, Delhi rejecting the plaint, in suit No.87/1994 filed by the appellants/plaintiffs for specific performance of an Agreement of Sale of immovable property, on an application of the respondents/ defendants under Order 7 Rule 11 of the CPC.2. The appeal was admitted for hearing and the Trial Court record requisitioned. The counsels have been heard.3. The Trial Court in the impugned order has held: (i) that specific performance was claimed of a written Agreement to Sell dated 02.07.1973; (ii) that as per the Agr...
Umesh Chandra Vs. Union of India and ors.
Court: Delhi
Decided on: Jul-19-2013
* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.7386/2005 19th July, 2013 % UMESH CHANDRA Through: ..... Petitioner Mr. V.S. R. Krishna, Advocate. versus UNION OF INDIA AND ORS. Through: ..... Respondents Ms. Meenakshi Sood, Advocate for respondent Nos.2 and 3. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. On 6.2.2013, the following order was passed:1. One of the principal issues to be decided in this writ petition would be estoppel against the petitioner, provided the petitioner has taken VRS benefits without reserving his right to challenge the charge sheet dated 20.2.2003 or the subsequent orders thereupon of the Disciplinary Authority.2. For the aforesaid purpose it is necessary that the application which the petitioner made for VRS should be on court record. Neither of the parties has filed the same.3. Also, it will be necessary to refer to the letter communicating VRS to the petitioner for seeing as to same g...
Managing Committee and anr. Vs. Govt. of Nct of Delhi and ors.
Court: Delhi
Decided on: Jul-19-2013
* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.3264/2012 19th July, 2013 % MANAGING COMMITTEE & ANR. ..... Petitioners Through: Mr. Rajiv Bajaj, Advocate. versus GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Through: Ms. Ferida Satarwala, Advocate for respondent Nos.1 and 2. Mr. Puneet Goel, Advocate for respondent No.3. 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 school challenging the order of the Delhi School Tribunal dated 16.12.2011 whereby the Tribunal while continuing with the termination of services of the respondent No.3 herein (appellant before the Delhi School Tribunal) imposed costs of `10 lacs of which `5 lacs was to be paid to the respondent No.3 herein and the balance `5 lacs was to be deposited with the Legal Aid Committee of the High Court of Delhi. This challenge is laid by the school to the order of the Delhi School Tribunal limited to the aspect of imposi...
Sheikh Mumtaz Ahmed Vs. Rana Khursheed and ors.
Court: Delhi
Decided on: Jul-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h July, 2013 + RFA 434/1999 SHEIKH MUMTAZ AHMED ..... Appellant Through: Mr. Javed Ahmad, Advocate. Versus RANA KHURSHEED & ORS. Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ..... Respondents RAJIV SAHAI ENDLAW, J.1. This appeal impugns the judgment and decree dated 12 th March, 1991 of the learned Additional District Judge (ADJ) decreeing the suit filed by the respondent No.1 against the appellant and the respondents No.2 to 7, for rendition of accounts and for recovery of her share of rent/benefit/income from property XIV/1105-1134 (old) and 908-923, 1327-1345 (new), known as Star Building, Kutab Road, Delhi.2. The appeal was admitted for hearing and vide order dated 13 th July, 1999 which was made absolute during the pendency of the appeal on 24 th July, 2001, passing of the final decree was stayed.3. None of the respondents have appeared. After hearing the counsel for the appellant on 17th July, 2013, th...
Ms. Bindu Khanna Vs. Managing Committee and ors.
Court: Delhi
Decided on: Jul-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W. P. (C) 1366/2011 19th July, 2013 % MS. BINDU KHANNA Through: ..... Petitioner Ms. Madhumita Bhattcharjee, Advocate. Versus MANAGING COMMITTEE AND ORS. ..... Respondents Through: Ms. Ferida Satarwala, Advocate for respondent No.1. Mr. Ashok Chhabra, Advocate for respondent No.2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. In this writ petition, the petitioner challenges the chargesheet issued by the respondent No. 1/school. The chargesheet is dated 29.09.2010. This very chargesheet dated 29.9.2010 was challenged by the petitioner in W.P.(C) 7759/2010. Petitioner is also challenging the suspension order dated 23.4.2010.2. W.P.(C) 7759/2010 titled as Bindu Khanna Vs. Managing Committee The Pinnacle School Thr Its Chairman filed by the petitioner challenging the same chargesheet dated 29.9.2010 was unconditionally withdrawn on 24.11.2010. This order reads as under: Learned couns...
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