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Delhi Court September 2013 Judgments

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Sep 03 2013

M/S Sunshine India Pvt Ltd Vs. Bhai Manjit Singh(Huf) and ors

Court: Delhi

Decided on: Sep-03-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI IA No.8859/2012 & I.A.No.17901/2011 in CS(OS) 2501/2011 Reserved on: Date of decision: IN THE MATTER OF: M/S SUNSHINE INDIA PVT LTD Through :29. 05.2013 03.09.2013 ..... Plaintiff Mr. Mr. Mr. Mr. P.V. Kapur, Sr. Advocate with Sudhir Makkar, Aman Anand and Sidhant Kapur, Advocates versus BHAI MANJIT SINGH(HUF) & ORS Through : .... Defendants Mr. Arvind Nigam, Sr. Advocate with Mr. Arun Arora, Advocate for defendants No.1 & 3. Mr. Amit Sibal, Mr. Alok K. Aggarwal and Mr. Apoorv Karup, Advocates for defendants No. 2 & 4 Mr. Pratyush Sharma and Ms.Sadhana Sharma, Advocate for defendant No.5. Mr. Jatan Singh (CGSC), Mr.Tushar Singh and Mr.Jaswinder Singh, Advocates for UOI and L&DO. Mr. Vivek Sood, ASC for NDMC with Ms. Janhavi Mahane, Advocate CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.1. The plaintiff company has filed I.A.No.8859/2012 under Order VI Rule 17 of the Code of Civil Procedure (for short `the Code) praying inter alia for permi...


Sep 03 2013

P.S.Dahiya Vs. Slum J.J.Department Now (Delhi Urban Shelter Impro

Court: Delhi

Decided on: Sep-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :30. 08.2013 Judgment pronounced on :03. 09.2013 W.P.(C) 5227/2011 and CM No. 10615/2011 (stay) P.S.DAHIYA ..... Petitioner Through: Mr Varinder Kumar Sharma, Adv. versus SLUM J.J.DEPARTMENT NOW (DELHI URBAN SHELTER IMPROVEMENT BOARD) ..... Respondent Through: Mr Parvinder Chauhan, Adv. CORAM: HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.The only issue involved in this petition is as to whether the petitioner, who was allotted a staff quarter, in his capacity as an employee is entitled to ownership/perpetual lease hold rights of the said quarter. The petitioner before this Court, who is a former employee of MCD, was allotted staff quarter not D-15A, Madipur in his capacity as an employee of the Corporation. He, however, has not vacated the said flat even on superannuation and continues to occupy the same. The petitioner claims to have applied to the Slum Department, which at that time, was under the control of Delhi Devel...


Sep 03 2013

Union of India and anr. Vs. Suresh Chandra

Court: Delhi

Decided on: Sep-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: August 05, 2013 Judgment Pronounced on: September 03, 2013 + W.P.(C) 335/2012 UNION OF INDIA & ANR. Represented by: .....Petitioners Mr.Rajesh Katyal, Advocate versus SURESH CHANDRA Represented by: .....Respondent Mr.A.K.Behera, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. The controversy involved in the present case relates to, what in service jurisprudence has come to be known as sealed cover procedure.2. be The sealed cover procedure is adopted when an employee is due to considered for promotion, increment etc. but departmental disciplinary/criminal proceedings are pending against him and hence the recommendation of the Departmental Promotion Committee (hereinafter referred to as the DPC) pertaining to the employee are kept in a sealed cover requiring the cover to be opened after the proceedings in question are over.3. On January 30, 1982, the Departme...


Sep 03 2013

The Punjab State Co-operative Supply and Marketing F Vs. Amit Goel and ...

Court: Delhi

Decided on: Sep-03-2013

.* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Pronounced on:03. 09.2013 + RC. Rev. No.247/2013 & C.M. No.10716/2013 (for stay) THE PUNJAB STATE CO-OPERATIVE SUPPLY & MARKETING FEDERATION LIMITED (M/S MARKFED) ..... Petitioner Through Mr.Brijender Chahar, Sr.Adv. with Mr.Vineet Bhagat & Mr.Akash Tyagi, Advs. along with Mr.Shiv Kumar, Senior Manager (Law) in person. versus AMIT GOEL & ANR Through ..... Respondents Mr.Sandeep Sethi, Sr.Adv. and Mr.Ravi Gupta, Sr.Adv. with Mr.Lalit Gupta, Ms.Payal Gupta & Mr.Ashish Kumar, Advs. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By way of the present petition under Section 25B (8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act), the petitioner has assailed the order dated 13th May, 2013 passed by the Additional Rent Controller (04), South, New Delhi in an eviction petition filed by the respondents (petitioners therein) in respect of House no. C-212 Defence Colony, New Delhi 110024 (hereinafter ref...


Sep 03 2013

Mohit Sharma Vs. Guru Govind Singh Indraprastha University and ors

Court: Delhi

Decided on: Sep-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:03. 09.2013 W.P.(C) 5499/2013 MOHIT SHARMA ..... Petitioner Through: Mr K. Venkatraman, Adv. versus GURU GOVIND SINGH INDRAPRASTHA UNIVERSITY & ORS ..... Respondent Through: Mr Vaibhav Kalra, and Ms Sumedha, Advs for GGSIPU CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) CM No.12253/2013 (Exemption) Exemption allowed, subject to just exceptions. The application stands disposed of. W.P.(C) 5499/2013 and CM No.12254/2013 (interim direction) The petitioner before this Court appeared in the Common Entrance Examination held by the respondent I.P. University to its B.Ed. programme, 20132014. In the first round of counseling result for which was declared on 24.07.2013, the petitioner was allotted a seat in B.Tech. (IT) in Chaudhary Brahm Prakash Government Engineering College and he deposited the requisite fee in the said college. Since the candidates taking admission in the first round of counseling, were also ent...


Sep 03 2013

M/S Emree International Pvt Ltd Vs. Union of India and anr

Court: Delhi

Decided on: Sep-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:03. 09.2013 W.P.(C) 6779/2012 & CM 17756/2012 (stay) M/S EMREE INTERNATIONAL PVT LTD Through: ..... Petitioner Dr. Mathew Kuzhalnadan and Mr. Abeer, Advs. versus UNI0N OF INDIA AND ANR Through: ..... Respondents Mr. Amrit Pal Singh, CGSC for R-1 & 2 CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court is an overseas consultant which was issued registration certificate under Section 10 of the Emigration Act, 1983 to commence the business of recruitment, for deployment of Indian workers with foreign employers. As per the terms of the certificate, the petitioner was to deploy 300 workers during the period of the said registration. The registration issued to the petitioner expired on 2.4.2011. Vide application dated 28.12.2010, the petitioner applied for renewal of the registration certificate issued to him under Section 10 of the aforesaid Act. Vide order dated 9.5.2011, the applicat...


Sep 03 2013

Ravindra Kumar Vs. State (Govt. of Nct of Delhi) and anr.

Court: Delhi

Decided on: Sep-03-2013

$-12 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :3. d SEPTEMBER, 2013 + CRL.M.C. 2240/2013 & CRL.M.A. 8696/2013 (Stay) RAVINDRA KUMAR ..... Petitioner Through : Mr.Pradeep Kumar Arya, Advocate with Mr.Pradeep Kr.Saini, Advocate. versus STATE (GOVT. OF NCT OF DELHI) & ANR. Through : ..... Respondents Mr.M.N.Dudeja, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Present petition has been preferred under Section 482 Cr.P.C. to set aside order dated 14.05.2013 of learned Additional Sessions Judge whereby Revision Petition to challenge order dated 04.03.2013 of learned Metropolitan Magistrate declining to get the matter investigated under Section 156 (3) Cr.P.C. was dismissed.2. I have heard the learned counsel for the petitioner and have examined the record. It reveals that the petitioner filed complaint case against the respondent No.2 (Piyush Saxena) for committing offences punishable under Crl.M.C. 2240/2013 Sections 392/403/408/451/468/506/120 IPC. Applic...


Sep 03 2013

Shakti Garg and ors Vs. Delhi University and ors

Court: Delhi

Decided on: Sep-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:03. 09.2013 W.P.(C) 5501/2013 SHAKTI GARG & ORS ..... Petitioner Through: Dr. Surat Singh and Mr Sumit Jidani, Advs. versus DELHI UNIVERSITY & ORS ..... Respondents Through: Mr Mohinder J.S. Rupal, Adv for DU CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court appeared in B.Sc. 06th Semester Examination held by Delhi University. They, however, could not clear all the papers in which they had appeared. They made a representation to the University seeking re-examination/supplementary examination in the subjects in which they had failed. Their grievance was that if such an examination is not held, their whole one year would be wasted merely because they could not obtain the requisite pass marks in one subject. However, since the University vide notification dated 04.05.2013 had decided to discontinue with supplementary examination from 2013 onwards, the request made by the petitione...


Sep 03 2013

Parbhawati @ Khursida Khatun and ors Vs. the State (Nct of Delhi)

Court: Delhi

Decided on: Sep-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :3. d September, 2013 + CRL.A.372/2007 PARBHAWATI @ KHURSIDA KHATUN & ORS. ..... Appellants Through : Ms.Saahila Lamba, Advocate. versus THE STATE (NCT OF DELHI) ..... Respondent Through : Mr.M.N.Dudeja, APP for the State. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) 1. Parbhawati @ Khursida Khatun (A-1), Anita (A-2) and Shanti (A-3) challenge their conviction by a judgment dated 08.02.2007 of learned Additional Sessions Judge in Sessions Case No.88/2006 arising out of FIR No.409/2003 registered at Police Station Lahori Gate under Section 20 NDPS Act. By an order dated 20.02.2007 they were sentenced to undergo RI for 14 years with fine `1 lac each and in default of payment of fine, they were directed to further undergo SI for one year each.2. Allegations against A-1 to A-3 were that on 20.11.2003 at 01.05 P.M. at Peeli Kothi in front of Police Booth, Peeli Kothi, Delhi, they were found in possession of 3236 gram, 2884 gram and 3062...


Sep 03 2013

Aakashline Private Industrial Training Institute Vs. Directorate Gener ...

Court: Delhi

Decided on: Sep-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment pronounced on :03. 09.2013 W.P.(C) 2362/2013 AAKASHLINE PRIVATE INDUSTRIAL TRAINING INSTITUTE ..... Petitioner Through: Mr U. Hazarika, Sr. Adv with Mr Arunav Patnaik, Adv and Ms Mahima Sinha, Advs. versus DIRECTORATE GENERAL OF EMPLOYMENT & TRAINING (DGE&T) & ANR ..... Respondents Through: Mr Amrit Pal Singh and Ms Gurjinder Kaur, Advs for R-1 Ms Zubeda Begum Adv for R-2 CORAM: HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.(ORAL) The petitioner is a society established, inter alia, with the objective to provide vocational and technical education to children by seeking recognition and affiliation from the concerned Government Departments and Authorities. The petitioner, seeking affiliation for starting a new training course for electricians, applied to the respondent Directorate General of Employment and Training to start a new training course. The procedure in this regard is notified on the website of respondent No. 1- Directorate Ge...


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