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Delhi Court September 2013 Judgments

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Sep 24 2013

National Highways Authority of India Vs. Italian Thai Development Publ ...

Court: Delhi

Decided on: Sep-24-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:24. 09.2013 FAO(OS) 352/2012 NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Appellant Versus ITALIAN THAI DEVELOPMENT PUBLIC COMPANY LTD & SOMDUTT BUILDERS LTD. ..... Respondent Advocates who appeared in this case: For the Appellant : Mr Ravi Gupta, Sr. Adv. with Ms Tanu Priya Gupta, Adv. For the Respondents : Mr Arvind Minocha, Adv. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE VIBHU BAKHRU JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This appeal has been preferred by the National Highways Authority of India against the judgment dated 23.01.2012 delivered by a learned single Judge in O.M.P. No.921/2011 which was a petition under section 34 of Arbitration and Conciliation Act, 1996 assailing the award passed by the Arbitral Tribunal on 06.07.2011.2. The said award dated 06.07.2011 was pursuant to a remand order passed by a learned single Judge of this court on 14.01.2010 in O.M.P. No.138/2006. The remand order was v...


Sep 24 2013

Jai Kishan Vs. Allahabad Bank and ors.

Court: Delhi

Decided on: Sep-24-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4898/1995 24th September, 2013 % JAI KISHAN Through: ..... Petitioner Mr. Vikram Saini, Advocate. versus ALLAHABAD BANK AND ORS. Through: ..... Respondents Mr. Jagat Arora, Advocate with Mr. Rajat Arora, Advocate. 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, the petitioner impugns the order dated 14.4.1984 imposed by the disciplinary authority dismissing his services, and also the order of the appellate authority dated 3.1.1994 dismissing the appeal filed by the petitioner against the order of the disciplinary authority. Petitioner has been found guilty of forging bank drafts and seeking to encash the same.2. Since the chargesheet in the present case is a short one I reproduce the said chargesheet dated 9.3.1984 as under:- Charge-Sheet-cum-Show Cause Notice You are hereby charged as under:That while you were posted as Clerk-cum-Cashier at out C...


Sep 24 2013

Praduman Kumar JaIn Vs. M/S Global Exports and anr.

Court: Delhi

Decided on: Sep-24-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order decided on: September 24, 2013 + CM(M) No.1568/2010 PRADUMAN KUMAR JAIN ..... Petitioner Through Mr.Sanjay Aggarwal, Adv. with Mr.Vipin Verma, Adv. versus M/S GLOBAL EXPORTS & ANR ..... Respondents Through Mr.Ashish Pratap Singh, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. By way of the present petition under Article 227 of the Constitution of India read with Sections 115 and 151 CPC, the petitioner/plaintiff has assailed order dated 16th August 2010 passed by the learned Addl. District Judge, Tis Hazari, Delhi whereby the application of the respondents (defendants in the suit) under Order VI Rule 17 read with section 151CPC (hereinafter referred to as the said application) was allowed.2. Brief facts for adjudication of the present petition are that the petitioner had filed a suit for recovery against the respondents wherein the said application was filed for amendment of the written statement by the respo...


Sep 24 2013

Ashok Kumar Vs. Airport Authority of India and ors.

Court: Delhi

Decided on: Sep-24-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.5810/1998 24th September, 2013 % ASHOK KUMAR Through: ......Petitioner Mr. Rishikesh, Advocate. VERSUS AIRPORT AUTHORITY OF INDIA & ORS. ...... Respondents Through: Ms. Ratna Dwivedi Dhingra and Ms. Bhawna Dhami, Advocates for R-1. 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, the petitioner Sh. Ashok Kumar seeks direction of quashing of the impugned order dated 3.8.1998 issued by the respondent no.1-Airport Authority of India discontinuing the services of the petitioner with immediate effect. Petitioner claims that petitioner was working with respondent no.1 through an independent contractor for many years and pursuant to the judgment of the Supreme Court in the case of Air India Statutory Corporation, etc. Vs. United Labour Union and Ors. AIR1997Supreme Court 645 petitioner should have been absorbed and regularized by respondent no.1.2. The ca...


Sep 24 2013

Smt Sarla Aggarwal Vs. Shri Ashwani Kumar Aggarwal and anr

Court: Delhi

Decided on: Sep-24-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:24. 9.2013 + RFA (OS) No.121 OF2013SMT SARLA AGGARWAL ..... Appellant Through: Mr. Sandeep Sharma with Mr.Ankur Goel, Advocates. versus SHRI ASHWANI KUMAR AGGARWAL & ANR. ..... Respondents Through: Nemo CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S.RAVINDRA BHAT(Oral) CM No.14883/2013 (delay) in RFA(OS) 121/2013 For the reasons stated in the application, the delay in filing the appeal is condoned. RFA(OS) 121/2013 1. The present appeal is directed against the order dated 08.07.2013 whereby the suit of the appellant was dismissed. The appellant is the mother of the respondent/defendant; she filed CS (OS) No.1548/2007 claiming a declaration that the son i.e. the first defendant had no right to sell any undivided portion of the suit property until it was RFA (OS) No.121/2013 Page 1 partitioned by metes and bounds or otherwise. The suit property is property No.2, East Park Road, Karol Bagh, ...


Sep 24 2013

Bses Yamuna Power Limited Vs. Shyam Bihari Singhal

Court: Delhi

Decided on: Sep-24-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:24. 09.2013 + EFA (OS) 17/2013, C.M. 13561/2013 BSES YAMUNA POWER LIMITED ..... Appellant Through : Sh. Deepak Kumar Vijay, Advocate. versus SHYAM BIHARI SINGHAL ..... Respondent Through : Sh. Fanish. K. Jain, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. This is an appeal from the order of a learned Single Judge in an application under Section 144 of the Code of Civil Procedure (hereafter referred to as the CPC), seeking restitution on behalf of the decree holder.2. In this case, the respondent (hereafter referred to as the decree holder) instituted a suit against the appellant (BSES) for cancellation of a bill issued by the latter for the amount of `48,83,927/-. During the course of that proceeding, the Civil Judge directed (in an order dated 03.08.1999) the decree holder to deposit `6,00,000/- to the BSES as a precondition to restrain disconnec...


Sep 24 2013

Smt. P.M Singh Vs. Cbi

Court: Delhi

Decided on: Sep-24-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl.M.B.1584/2013 in CRL.A. 986/2013 Date of Decision:24. h September, 2013 SMT. P.M SINGH Through: ..... Appellant Mr. Uday U. Lalit, Sr. Adv. with Mr. Pramod Kr. Dubey,Ms. Smriti Sinha, Mr. Shri Singh, Mr. Suksham Chauhan, Ms. Akansha Singh, Mr. Nitin Saluja & Ms. Vasundhara Nagrath, Advs. versus CBI Through: + ..... Respondent Mr. R.V.Sinha, Standing Counsel with Mr. A.S.Singh, Adv. Crl.M.B. 1651/2013 in CRL.A. 1031/2013 DR. G.S.THIND Through: ..... Appellant Dr. Harish Uppal with Mr. Alok Bachawat & Mr. Tileshwar Prasad, Advs. versus CBI Through: + ..... Respondent Mr. R.V.Sinha, Standing Counsel with Mr. A.S.Singh, Adv. Crl.M.B. 1649/2013 in CRL.A. 1029/2013 DR. R. PAL Through: ..... Appellant Mr. Ramesh Gupta, Sr. Adv. with Mr. Alok Bachawat & Mr. Uday Singh, Advs. versus CBI Through: ..... Respondent Mr. R.V.Sinha, Standing Counsel with Crl.M.B.1584/2013 in Crl.A.986/2013, Crl. M.B.1651/2013 in Crl.A.1031/2013, Mr. A.S.Singh, Adv. +...


Sep 24 2013

Mohan Lal Vs. Bansi Lal

Court: Delhi

Decided on: Sep-24-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: September 24, 2013 + RC. Rev. No.228/2013 & C.M. No.10127/2013 MOHAN LAL Through ..... Petitioner Mr.Rajender, Adv. alongwith Petitioner in person versus BANSI LAL Through ..... Respondent Mr.J.M. Kalia, Adv. respondent in person CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. The petitioner Mohan Lal filed the present revision petition for setting aside the impugned order dated 19th February, 2013 passed by the Additional Rent Controller, Central, Delhi, in eviction petition bearing No.E-155/2011 filed by the respondent under Section 14(1)(e) on the ground of bonafide requirement, whereby the application for leave to defend filed by the petitioner was dismissed.2. The brief facts as stated in the eviction petition are that the respondent is the owner of the property in question. The petitioner is tenant in respect of one shop No.10 in the property No.11881/1, Street No.10, Sat Nagar, Karol Bagh, New ...


Sep 23 2013

Sajid Ali Vs. State (N.C.T. of Delhi)

Court: Delhi

Decided on: Sep-23-2013

$* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :23. d SEPTEMBER, 2013 + CRL.A. 592/2003 SAJID ALI ..... Appellant Through : Mr.Sunil Mehta, 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. Sajid Ali (the appellant) impugns a judgment dated 08.05.2003 of learned Additional Sessions Judge in Sessions Case No.68/02 arising out of FIR No.673/2000 PS Tilak Nagar by which he was convicted under Section 395/34 IPC & 25 Arms Act. By an order dated 13.05.2003, he was sentenced to undergo RI for five years with fine ` 5,000/- under Section 395/34 IPC and RI for six months with fine ` 2,500/- under Section 25 of Arms Act.2. Allegations against the appellant were that on the night intervening 2/3.08.2000 at about 01.45 A.M., an information was received at PS Tilak Nagar that some assailants were breaking open the locks of shop No.104, M/s.Harkishan Jewellers in NA-Block, near Vishnu Garden ...


Sep 23 2013

Ex.Constable Rajender Singh Vs. Uoi and ors.

Court: Delhi

Decided on: Sep-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: August 12, 2013 Judgment Pronounced on: September 23, 2013 + WP(C) No.1354/2002 EX.CONSTABLE RAJENDER SINGH ..... Petitioner Represented by: Mr.Shanker Raju, Advocate versus UOI & ORS. Represented by: ..... Respondent Mr.Anuj Tyagi, Advocate for Mr.Sachin Chopra, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. Working as a Constable with Delhi Police the petitioner was detailed for night duty at PCR Van R-65 in the intervening night of 11th and 12th May, 1996. As he did not report for duty the petitioner was marked absent as recorded in DD No.7 dated May 11, 1996. Thereafter the department sent two absentee notices dated May 28, 1996 and May 31, 1996 at the residential address of the petitioner to which he neither responded nor give reason for his absence nor resumed duties.2. In view of the continued absence, on May 31, 1996 the petitioner was placed under ...


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