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Delhi Court July 2013 Judgments

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Jul 18 2013

Neetu Saini Vs. Ram Singh (Deceased) and anr.

Court: Delhi

Decided on: Jul-18-2013

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:18. h July, 2013 + CM(M) 657/2013 & CM Nos. 9894/2013 & 9895/2013 NEETU SAINI ..... Petitioner Through: Mr. Alak Veer Singh, Mr. Manish Raghav and Mr. Nikhil Singh, Advocates. Versus RAM SINGH (DECEASED) & ANR. Through: None. ..... Respondents Mr. Mahesh Chaudhary, Ms. Rakhi Ray and Mr. S.S Ray, Advocate on behalf of Col. J.P. Singh, i.e., interested party. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) CM(M) 657/2013 1. Present petition is filed against the impugned order dated 27.05.2013, whereby the learned Judge has issued the warrants of possession.2. In Execution Petition No.7/12, matter was listed on the point whether warrants of possession was to be issued or not. On the very same day, the petitioner moved an application under Section 151 CPC for recalling the order dated 17.05.2013. Admittedly, on said date the matter was only adjourned for 27.05.2013. On the said date, the petitioner filed an...


Jul 18 2013

Rita Singh Vs. Govt. of India and anr

Court: Delhi

Decided on: Jul-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:18. 07.2013 W.P.(C) 7794/2012 RITA SINGH ..... Petitioner Through: Ms Sumi Anand, Adv. versus GOVT. OF INDIA AND ANR ..... Respondent Through: Mr Sachin Datta, CGSC and Mr Vikram Aditya, Adv for R-1 Ms Manika Tripathi and Mr Ashutosh Kaushik, Advs for respondent No. 2 CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) Shri Urgasen Singh, husband of the petitioner, before this Court was employed in Border Security Forces (BSF). He died on 16.08.1992 due to militants attack while his battalion was on internal security duty in Kashmir. The learned counsel for the petitioner states that at the time the husband of the petitioner was killed by the militants, his battalion was operating in the J&K under the Command of Indian Army. In the year 2010, DDA came out with a scheme for allotment of residential flats in Delhi known as DDA Housing Scheme, 2010. The said scheme had certain reservation in allotment, inter alia, ...


Jul 18 2013

K.K. Bhardwaj Vs. D.V.B. and ors.

Court: Delhi

Decided on: Jul-18-2013

$~R-4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7819/2000 18th July, 2013 % K.K. BHARDWAJ ..... Petitioner Through Mr. H.K. Chaturvedi, Advocate versus D.V.B. & ORS. ..... Respondents Through Mr. Vikram Nandrajog, Mr. Sushil Jaswal, Mr. Sheetesh Khanna, Advocates for the NDPL. CORAM: HONBLE 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 claiming the following reliefs: a) Issue an appropriate writ/order/directions against the respondents thereby directing them to promote the petitioner as Legal Asstt. since Feb. 1987, alongwith all legal consequential benefits, as Jr. Clerk Mr. H.L. Verma, E.No. 16041-5 was appointed as legal Asstt. who joined his services in the year on 31.1.1974 though the petitioner joined his services on 26.6.1963; and he has not been called for interview even; though, if there is any charge, then the result of that candidate must be kept under sealed cover and a...


Jul 18 2013

Pawan Vs. State

Court: Delhi

Decided on: Jul-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: July 12, 2013 Judgment Pronounced on: July 18, 2013 + CRL.APPEAL 255 1998 PAWAN Represented by: .....Appellant Ms.Saahila Lamba, Advocate versus STATE Represented by: ..... Respondent Ms.Richa Kapoor, Advocate with Ms.Karuna Chhatwal, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. Believing Ram Gopal PW-1, Ct.Rajbir Singh PW-9 and HC Hanuman Singh PW-21 to be truthful eye witnesses, vide judgment dated May 29, 1998, appellant Pawan has been convicted for having committed an offence punishable under Section 302 IPC but has been acquitted of the charge of having committed an offence punishable under Section 307 IPC. Vide order on sentence dated May 13, 1998 the appellant has been sentenced to undergo imprisonment for life.2. Appellant was charged for having murdered one Rakesh, by causing fatal injuries with a chopper (Gandasa) on July 17, 1993 at 6.40 PM at ...


Jul 18 2013

Delhi Tourism and Transportation Development Corpo Vs. Chander Prakash ...

Court: Delhi

Decided on: Jul-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: July 05, 2013 Judgment Pronounced on: July 18, 2013 + CM(M) No.73/2011 & C.M. No.1609/2011 DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION LIMITED ..Petitioner Through Mr.R.K.Dhawan, Adv. with Ms.Sheweeta Joshi and Ms.Richa Dhawan, Advs. Versus CHANDER PRAKASH GUPTA ..Respondent Through Mr.N.S.Dalal, Adv. with Mr.H.Dutt, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner has challenged the order dated 18th November, 2010 whereby the petitioners application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter called the Act) was dismissed. The petitioner is the defendant in the suit for recovery of possession and damages etc. filed by the respondent/ plaintiff Chander Prakash Gupta.2. Brief facts are that the respondent Chander Prakash Gupta R/o H.not C-4/138, Safdarjung Development Area, New Delhi entered into a license agreement dated 25th March, 1982 which ...


Jul 18 2013

State Bank of India and anr Vs. Kishan Lal Mittal

Court: Delhi

Decided on: Jul-18-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. 07.2013 W.P.(C) 1388/2012 RESERVE BANK OF INDIA ..... Petitioner Through: Mr Rajiv Nayar, Senior Advocate with Mr Kuleep S. Parihar and Mr H.S. Parihar, Advs. versus KISHANLAL MITTAL ..... Respondent Through: Mr Pranav Sachdeva, Adv. And + W.P.(C) 1763/2012 STATE BANK OF INDIA & ANR ..... Petitioner Through: Mr Neeraj Kishan Kaul, Sr. Adv with Mr Rajiv Kapur, Adv. versus KISHAN LAL MITTAL ..... Respondent Through: Mr Pranav Sachdeva, Adv. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) W.P.(C) 1388/2012 The respondent before this Court vide application dated 24.08.2013, inter alia, sought the following information from the CPIO of the petitioner Reserve (f) Kindly provide details of minutes of meeting of RBI Board for 2 years and minutes of meeting of committees of directors. The CPIO filed his reply dated 23.09.2011, inter alia, responded as under:2. Having carefully examined your request for minutes of...


Jul 18 2013

Reserve Bank of India Vs. Kishanlal Mittal

Court: Delhi

Decided on: Jul-18-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. 07.2013 W.P.(C) 1388/2012 RESERVE BANK OF INDIA ..... Petitioner Through: Mr Rajiv Nayar, Senior Advocate with Mr Kuleep S. Parihar and Mr H.S. Parihar, Advs. versus KISHANLAL MITTAL ..... Respondent Through: Mr Pranav Sachdeva, Adv. And + W.P.(C) 1763/2012 STATE BANK OF INDIA & ANR ..... Petitioner Through: Mr Neeraj Kishan Kaul, Sr. Adv with Mr Rajiv Kapur, Adv. versus KISHAN LAL MITTAL ..... Respondent Through: Mr Pranav Sachdeva, Adv. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) W.P.(C) 1388/2012 The respondent before this Court vide application dated 24.08.2013, inter alia, sought the following information from the CPIO of the petitioner Reserve (f) Kindly provide details of minutes of meeting of RBI Board for 2 years and minutes of meeting of committees of directors. The CPIO filed his reply dated 23.09.2011, inter alia, responded as under:2. Having carefully examined your request for minutes of...


Jul 18 2013

Chander Sen and ors. Vs. Director of Education and ors.

Court: Delhi

Decided on: Jul-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 10191/2009 & CM No. 8683/2009 (Stay) 18th July, 2013 % CHANDER SEN & ORS. Through: ......Petitioners Mr. R.K.Kapoor and Ms. Rekha Giri, Advocates. VERSUS DIRECTOR OF EDUCATION & ORS. ...... Respondents Through: Mr. Yogesh Saini, Adv. for Mr. Rajeev Sharma, Adv. for R-1 & R-2. Mr. Gaurav Mitroy, Mr. Mohit Chadha and Ms. Samleen, Advocates for R-3. 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, a very limited relief is sought. The limited relief is that the management of the aided school i.e the respondent no.3, must pay to the teachers 5% towards the salary and other allowances as is legally payable to teachers and employees of a school.2. It is an undisputed position emerging on record that respondent no.3 is an aided school, i.e 95% of the funds are provided by the Govt. of NCT of Delhi through the Directorate of Education and 5% funds have to b...


Jul 18 2013

Vivek Yadav Vs. Airport Authority of India and ors.

Court: Delhi

Decided on: Jul-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 8576/2010 & CM Nos. 21885/2010 & 1798/2012 (for directions) 18th July, 2013 % VIVEK YADAV Through: ......Petitioner Mr. Yashish Chandra, Adv. VERSUS AIRPORT AUTHORITY OF INDIA & ORS. .... Respondents Through: Ms. Anjana Gosain and Mr. T. Mitra, Advocates for R-1 and 2. Mr. Siddhartha, Adv. for other respondents. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, petitioner seeks appointment to the post of the Manager, Air Traffic Control (ATC) with the respondent no.1. Appointment is sought on the ground that petitioner was qualified to apply for the post because he had the qualification prescribed viz a degree of M.Sc. (Physics). I may note that I am toning down the relief claimed in the writ petition because if the relief as prayed for is taken in its literal meaning, the writ petition will have to be dismissed because the relief of cancellation of...


Jul 18 2013

Ndmc Vs. Alpha Bhoj Pvt. Ltd.

Court: Delhi

Decided on: Jul-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 123/2012 NDMC Through: ..... Appellant Mr.Arvind Shah, Addl.Standing Counsel with Dr.Kumar Jwala, Advocate. versus ALPHA BHOJ PVT. LTD. Through: ..... Respondent Mr.Anil Airi, Advocate with Mr.Hemant Manjani and Mrs.Sadhna Sharma, Advocates. Reserved on :05. 07.2013 Pronounced on :18.07.2013 % CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J 1.This appeal is directed against the judgment dated 09.07.2012 whereby the suit filed by Alpha Bhoj Pvt. Ltd. (Plaintiff in CS(OS) No.3129/1996) was decreed for a sum of Rs.20 lacs alongwith pendente lite and future interest (simple) @ 9% per annum till realisation.2. The facts giving rise to filing of this appeal can be summarized as under :The Appellant NDMC issued advertisement in newspaper on 12.02.1996 inviting tenders for licence for running an air conditioned restaurant in underground Palika Parking Complex, Connaught Place, New Delhi. Since the ...


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