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Delhi Court January 2014 Judgments

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Jan 02 2014

Masonic Club (Regd) Vs. Jamna Lodge and anr.

Court: Delhi

Decided on: Jan-02-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: January 02, 2014 + CM(M) 790/2013 & C.M. No.12123/2013 MASONIC CLUB (REGD) Through ..... Petitioner Mr.Sudhir Nandrajog, Sr. Adv. with Mr.Rajiv Vig, Adv. versus JAMNA LODGE & ANR Through ..... Respondents Mr.A.K.Tandon, Adv. with Mr.Shivanshu Kumar, Adv. for R-1. Mr.Jatan Singh, Adv. with Mr.S. Qureshi, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By way of the present petition under Article 227 of the Constitution of India, the petitioner has assailed order dated 18th July, 2013 passed by the learned Civil Judge-15, Centre, Tis Hazari, Delhi in Ex. M. No.10/11 whereby the application of the petitioner under Section 151 CPC was dismissed in which the prayer was sought that it should be held that the decree dated 31st August, 1966 has become nullity and unexecutable due to the reasons stated in the application and the impugned order be set-aside as the Executing Court has no power/jurisdi...


Jan 02 2014

Dhanpat Singh (Since Deceased) Thru Lrs Vs. Uoi and ors.

Court: Delhi

Decided on: Jan-02-2014

$~R-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 02, 2014 + W.P.(C) 3316/1998 DHANPAT SINGH (SINCE DECEASED) THRU LEGAL HEIRS ..... Petitioners Represented by: Col.S.R.Kalkal, Advocate versus UOI & ORS. Represented by: ..... Respondents Dr.Ashwani Bhardwaj, Advocate for R-1 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.(Oral) 1. The statement of articles of charges framed against the petitioner read as under:ARTICLE-I That No.880977859 Ct.Dhanpat Singh while functioning as a Ct. in 97th Bn. CRPF w.e.f. 30/4/88, committed an act of misconduct in his capacity as a member of the force under section 11(1) of CRPF Act, 1949, in that he got himself fraudulently enlisted as a Constable (GD) in 97 th Bn. CRPF on 30/4/88 on the basis of educational/other certificates of his brother named Shri Dhanpat Singh. ARTICLE-II That the said No.880977859 Ct.Dhanpat Singh, while functioning as a Ct. in 97th Bn. CRPF w.e.f. 30/4...


Jan 02 2014

Chaman Lal Vs. Batuk Prasad Jaitly

Court: Delhi

Decided on: Jan-02-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: January 02, 2014 + RC. Rev. No.171/2011 & C.M. No.9591/2011 CHAMAN LAL Through ..... Petitioner Mr.Harpreet Singh, Adv. with Mr.Rajesh Gupta, Adv. versus BATUK PRASAD JAITLY Through ..... Respondent Mr.Gaurav Dubey, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner Chaman Lal (respondent in the eviction petition) has challenged the order dated 30th November, 2010 passed in the eviction petition bearing No.E-35/2010 in the present revision petition filed under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as Act).2. The grounds on which the eviction petition was filed by the respondent are as under:(i) The petitioner is the owner of the suit shop having purchased the same through a registered sale deed dated 28.05.2003. (ii) The suit shop was let out to the respondent for commercial purposes and is bonafide required by the petitioner for his own requirement...


Jan 02 2014

Paltoo Ram Since Deceased Thr Lrs. and ors. Vs. Uma Devi

Court: Delhi

Decided on: Jan-02-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: January 02, 2014 + C.R.P. No.9/2013 & CM No.852/2013 PALTOO RAM SINCE DECEASED THR LRS.& ORS. ..... Petitioners Through Mr.V. Shekhar, Sr. Adv. with Mr.Vishal Saxena and Ms.Ashly Cherian, Advs. versus UMA DEVI Through ..... Respondent Mr.Amarjit Singh, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioners have filed the present petition under Section 115 CPC against the order dated 17th December, 2012 whereby objection filed by the petitioners were dismissed with cost of `10,000.2. Admittedly, the predecessor-in-interest of the petitioners came into the possession of the disputed property through one Late Sh. Vinay Pal Sharma whose name was reflecting in the revenue record to be the owner in the year 1974. In March, 1981 Lt. Sh. Vinay Pal Sharma filed a suit being CS (OS) No.176/1981 against MCD for permanent injunction, as owner in possession of Khasra Nos.587, 586, 584 and 588 situated i...


Jan 02 2014

Laxmi Devi Vs. Babulal Verma

Court: Delhi

Decided on: Jan-02-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: January 02, 2014 + RC. Rev. No.518/2012 & C.M. No.17926/2012 LAXMI DEVI Through ..... Petitioner Mr.Sudhir Sharma, Adv. with Mr.Sandeep Grover, Adv. versus BABULAL VERMA Through ..... Respondent Mr.M.K. Verma, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner (petitioner in the eviction petition) has assailed the order dated 3rd August, 2012 passed by the learned Additional Rent Controller (Central), Delhi, in eviction petition, being E-122/2011, whereby the application for leave to defend filed by the respondent/tenant was allowed as the learned trial court found that the respondent had been able to raise triable issue in view of the grounds raised in the application for leave to defend, by filing of the present civil revision petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as Act).2. The grounds on which the eviction of the respondent was so...


Jan 02 2014

Sandeep Kumar Mangla Vs. Geeta Bajaj

Court: Delhi

Decided on: Jan-02-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: January 02, 2014 + CM(M) 350/2012 & CM No.5306/2012 SANDEEP KUMAR MANGLA ..... Petitioner Through Mr.Mr.Satinder S. Gulati, Adv. versus GEETA BAJAJ Through ..... Respondent Mr.Jagdish Dhawan, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By way of the present petition under Article 227 of the Constitution of India, the petitioner has assailed order dated 20th October, 2010 whereby an application filed by the petitioner seeking to set aside ex-parte proceedings under Order 9 Rule 7 read with Section 151 CPC was dismissed and also an order dated 26th November, 2011 whereby the application filed by the petitioner under Order 47 read with Section 114 and 151 CPC seeking review of the said order was also dismissed by the learned Trial Court.2. Brief facts for the purpose of adjudication of the present petition are that the respondent had filed a suit for declaration and permanent injunction against the...


Jan 02 2014

Satnam Singh Pabla Vs. Delhi Power Company Ltd.

Court: Delhi

Decided on: Jan-02-2014

$~R-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:02. 01.2014 + W.P.(C) 6971/2002 SATNAM SINGH PABLA ..... Petitioner versus DELHI POWER COMPANY LTD. ..... Respondent Advocates who appeared in case: For the Petitioner: None For the Respondent: Mr Vikram Nandrajog & Mr Sushil Jaswal, Advocates. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 There is no representation on behalf of the petitioner. Mr Vikram Nandrajog, learned counsel for the respondent, has assisted me in the matter and taken me through the record. The prayer in the petition is directed against the order dated 19.10.2000 passed by the respondent in appeal preferred by the writ petitioner against the order dated 29.07.1999. To be noted, since the writ petitioner had also preferred a review qua the order dated 19.10.2000 an order was passed by the respondent dated 13.03.2001 whereby the review petition was also dismissed. 1.1 The present writ petition, which is in a sense the second round...


Jan 02 2014

Salma Wasil Vs. Nazar Shamsie and anr

Court: Delhi

Decided on: Jan-02-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: January 02, 2014 + CM(M) No.392/2013 & CM No.5937/2013 SALMA WASIL ..... Petitioner Through Mr.M.Salim, Adv. versus NAZAR SHAMSIE & ANR Through ..... Respondents Mr.Bharat Bhushan Jain, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By the impugned order dated 29th January, 2013, the application filed by the petitioner (defendant in the suit) under Order VI Rule 17 read with Section 151 CPC seeking amendment of the written statement was dismissed.2. The petitioner sought the amendments in paras 4, 5, 7, 8, 8A, 8B, 15(ii) and 16 of the written statement. The reasons for rejecting the said application were given by the learned trial court in paras 3 to 5 of the impugned order. The same are read as under :3. In the earlier written statement, the defendant No.2 has clearly and specifically pleaded that the gift in favour of the plaintiff and the defendant No.1 by the defendant No.2 did not mat...


Jan 02 2014

Sandeep Kumar Vs. Nihal Chand

Court: Delhi

Decided on: Jan-02-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: January 02, 2014 + RC. Rev. No.330/2012 & C.M. No.808/2013 SANDEEP KUMAR Through ..... Petitioner Mr.Ramesh Kumar, Adv. with Ms.Anjali Chopra, Adv. versus NIHAL CHAND Through ..... Respondent Mr.Randhir Jain, Adv. with Mr.Ravi Chand Garg and Mr.Dhananjai Jain, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present petition has been filed by the petitioner under section 25B(8) of the Delhi Rent Control Act (hereinafter referred to as the Act) against the eviction order dated 31st January 2012 passed by ACJ-cum-ARC (North) Delhi in an eviction petition filed by the respondent in respect of shop No.682, Pvt. No.2-A, Katra Hira Lal, Chandni Chowk, Delhi- 10006 and Chabutra in front of the shop (hereinafter referred to as the tenanted premises).2. The respondent in the eviction petition had stated that he is the owner of the suit premises and required the tenanted shop for running his whole sale cl...


Jan 02 2014

Harish Kumar Sharma and ors. Vs. J.K. Chopra

Court: Delhi

Decided on: Jan-02-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: January 02, 2014 + RC. Rev. No.402/2011 & C.M. No.18579/2011 HARISH KUMAR SHARMA & ORS ..... Petitioners Through Mr.Ajay Tandon, Adv. with Mr.Krishan Kumar and Mr.Navneet Kumar, Advs. versus JK CHOPRA Through ..... Respondent Mr.Rajesh Gupta, Adv. with Mr.Harpreet Singh, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present revision petition is filed by the petitioners under Section 25B (8) of the Delhi Rent Control Act (hereinafter referred to as the Act) against the order dated 26th March 2011 passed by the CCJ-cum-ARC, (Central), Delhi whereby the leave to defend application of the petitioners was dismissed in an eviction petition in respect of a shop bearing No.2921, Sir Sayed Ahmad Road, Darya Ganj, New Delhi-110002 (hereinafter referred to as the tenanted premises).2. The respondent had filed an eviction petition against the petitioners in respect of the tenanted premises on the grounds ...


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