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Delhi Court October 2014 Judgments

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Oct 28 2014 (HC)

The Associated Chambers of Commerce and Industry O Vs. Union of India ...

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:28. 10.2014 W.P.(C) 7330/2014 & CM171312014 THE ASSOCIATED CHAMBERS OF COMMERCE AND INDUSTRY OF INDIA (ASSOCHAM) ..... Petitioner versus UNION OF INDIA & ORS. ..... Respondents W.P.(C) 7332/2014 & CM171322014 THE ASSOCIATED CHAMBERS OF COMMERCE AND INDUSTRY OF INDIA (ASSOCHAM) ..... Petitioner versus UNION OF INDIA & ORS. ..... Respondents Advocates who appeared in these cases: For the Petitioner : Mr J.K.Mittal, Mr Rajveer Singh and Ms Devya Sharma. For the Respondents : Mr Rahul Kaushik for respondent Nos.2 & 4. CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. We have heard the learned counsel for the parties at length. The original file has also been produced by the respondents. On going through the same, we find that part hearing was granted by the respondents on 29.01.2014. Further hearing was deferred on account of the pendency of the writ petitio...

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Oct 28 2014 (HC)

Vinod Kumar @ Ganja Vs. State

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : October 17, 2014 Judgment Delivered on : October 28, 2014 + CRL.A.491/2013 ROHIT @ NANHE Represented by: .....Appellant Mr.Chetan Lokur, Advocate with Mr.Inderjit Singh Kapur, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.834/2013 VINOD KUMAR @ GANJA .....Appellant Represented by: Ms.Aishwarya Rao, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.838/2013 BOBBY @ ROBIN Represented by: .....Appellant Mr.Sitab Ali Chaudhary, Advocate with Mr.Hanjala Kazim, Advocate versus STATE Crl.A.No.491/2013 & conn.matters ..... Respondent Page 1 of 45 Represented by: Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.823/2013 VIJAY @ BIJU Represented by: .....Appellant Ms.Sunita Arora, Advocate for Mr.Krishan Kum...

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Oct 28 2014 (HC)

Bobby @ RobIn Vs. State

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : October 17, 2014 Judgment Delivered on : October 28, 2014 + CRL.A.491/2013 ROHIT @ NANHE Represented by: .....Appellant Mr.Chetan Lokur, Advocate with Mr.Inderjit Singh Kapur, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.834/2013 VINOD KUMAR @ GANJA .....Appellant Represented by: Ms.Aishwarya Rao, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.838/2013 BOBBY @ ROBIN Represented by: .....Appellant Mr.Sitab Ali Chaudhary, Advocate with Mr.Hanjala Kazim, Advocate versus STATE Crl.A.No.491/2013 & conn.matters ..... Respondent Page 1 of 45 Represented by: Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.823/2013 VIJAY @ BIJU Represented by: .....Appellant Ms.Sunita Arora, Advocate for Mr.Krishan Kum...

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Oct 28 2014 (HC)

Ram Janam Singh Vs. Union of India and ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1478/2014 RAM JANAM SINGH Through ..... Petitioner Dr. L. S. Chaudhary & Ms. Pratibha Gupta, Advocates versus UNION OF INDIA & ORS Through ..... Respondents Mr. Nishant Gautam, Advocate for Mr. Ankur Chhibber, Advocate alongwith W/C Shital Vachhani & S/L Baljeet Singh CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE NAJMI WAZIRI ORDER % 28.10.2014 KAILASH GAMBHIR, J.(ORAL) 1. In this petition, the petitioner seeks to challenge the orders dated 12.04.2010 and 12.03.2013 passed by the learned Armed Forces Tribunal, Principal Bench, New Delhi (hereinafter referred to as the learned AFT).2. The grievance raised by the petitioner is that the Release Medical Board (in short RMB) had assessed the permanent disability of the petitioner as 60% based on which he was invalidated out of the service but his disability was wrongly assessed as 40%.3. The petitioner was enrolled in the Air Force as Airman (Wpn/Tech.) on 12.04.1971 and a...

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Oct 28 2014 (HC)

Hitesh Bhatnagar Vs. Union of India and ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7219/2014 HITESH BHATNAGAR Through: ..... Petitioner Mr. Indra Sen Singh and Mr. Pankaj Sharma, Advocates versus UNION OF INDIA & ORS Through: % ..... Respondent Dr. Ashwani Bhardwaj, Ms. Saroj Bidawat, Advocates for respondent No.1 to 4. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE NAJMI WAZIRI ORDER2810.2014 KAILASH GAMBHIR, J.(ORAL) 1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks to challenge the order dated 3 rd September 2014 passed by the learned Armed Forces Tribunal.2. The grievance raised by the petitioner in the instant petition is that the learned Armed Forces Tribunal has failed to appreciate the fact that the petitioner had withdrawn the Writ Petition being W.P. (C) No.7102/2008 due to misrepresentation on the part of the respondents that the Officer who was the Initiating Officer apropos the two confidential reports of the petitioner was a Joint Director, b...

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Oct 28 2014 (HC)

Sanjay Kumar Vs. the Secretary, Govt. of India and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2133/2013 SANJAY KUMAR Through ..... Petitioner Mr. Pratap Singh, Adv. versus THE SECRETARY, GOVT. OF INDIA & ORS. ..... Respondents Through Mr. Vikas Mahajan, CGSC for R1 to 5. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE NAJMI WAZIRI ORDER % 28.10.2014 KAILASH GAMBHIR, J.(ORAL) 1. In the instant petition filed under Articles 226/227, the petitioner seeks quashing of the order dated 23rd July, 2012, whereby his request for appointment to the post of Peon/Mazdoor on compassionate grounds was declined, due to the non-availability of sufficient vacancies. The petitioner also seeks directions to the respondents to appoint him to the post of Peon/Mazdoor on compassionate grounds consequent to the demise of his father Balbir Singh who had died while in service on the post of Peon with respondent No.5.2. The case of the petitioner in a nutshell is that his father Balbir Singh had expired on 3rd November, 2008 while in serv...

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Oct 28 2014 (HC)

Vijay @ Biju Vs. State

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : October 17, 2014 Judgment Delivered on : October 28, 2014 + CRL.A.491/2013 ROHIT @ NANHE Represented by: .....Appellant Mr.Chetan Lokur, Advocate with Mr.Inderjit Singh Kapur, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.834/2013 VINOD KUMAR @ GANJA .....Appellant Represented by: Ms.Aishwarya Rao, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.838/2013 BOBBY @ ROBIN Represented by: .....Appellant Mr.Sitab Ali Chaudhary, Advocate with Mr.Hanjala Kazim, Advocate versus STATE Crl.A.No.491/2013 & conn.matters ..... Respondent Page 1 of 45 Represented by: Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.823/2013 VIJAY @ BIJU Represented by: .....Appellant Ms.Sunita Arora, Advocate for Mr.Krishan Kum...

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Oct 28 2014 (HC)

National Insurance Co. Ltd. Vs. Pragya Ghildial and anr.

Court: Delhi

$~A-5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: October 28, 2014 MAC.APP. 502/2008 NATIONAL INSURANCE CO. LTD. ..... Appellant Through Mr.Pradeep Gaur, Advocate. versus + PRAGYA GHILDIAL & ANR. ..... Respondents Through Mr.O.P.Manie, Advocate for the claimant/R-1. MAC.APP. 35/2009 PRAGYA GHILDIAL Through versus ..... Appellant Mr.O.P.Manie, Advocate THE NATIONAL INSURANCE CO. LTD. & ANR. ..... Respondents Through Mr.Pradeep Gaur, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. The present two appeals arose out of the Award dated 29.07.2008. It appears that in the first round of litigation before this court appeals were dismissed by this court and the matter has been remanded back by the Supreme Court pursuant to judgment dated 18.10.2012.2. The brief facts of the case giving rise to the present appeals are that the claimant Pragya Ghildial was travelling on her two wheeler on 02.05.2005. She was going from her house at Laxmi N...

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Oct 28 2014 (HC)

Rohit @ Nanhe Vs. State

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : October 17, 2014 Judgment Delivered on : October 28, 2014 + CRL.A.491/2013 ROHIT @ NANHE Represented by: .....Appellant Mr.Chetan Lokur, Advocate with Mr.Inderjit Singh Kapur, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.834/2013 VINOD KUMAR @ GANJA .....Appellant Represented by: Ms.Aishwarya Rao, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.838/2013 BOBBY @ ROBIN Represented by: .....Appellant Mr.Sitab Ali Chaudhary, Advocate with Mr.Hanjala Kazim, Advocate versus STATE Crl.A.No.491/2013 & conn.matters ..... Respondent Page 1 of 45 Represented by: Ms.Aashaa Tiwari, APP Insp.Harish Kumar and SI Kuldeep Yadav, PS Connaught Place CRL.A.823/2013 VIJAY @ BIJU Represented by: .....Appellant Ms.Sunita Arora, Advocate for Mr.Krishan Kum...

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Oct 28 2014 (HC)

M/S Kandla Port Trust Vs. M/S Stc Limited

Court: Delhi

HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 10.2014 W.P.(C) 7887/2011 & CM Nos. 17851/2011 & 70/2013 M/S KANDLA PORT TRUST ..... Petitioner versus M/S PEC LIMITED ..... Respondent AND + W.P.(C) 7898/2011 & CM Nos. 17870/2011 & 83/2013 M/S KANDLA PORT TRUST ..... Petitioner versus M/S STC LIMITED ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr Pravin N. Parekh, Sr. Advocate with Mr sumit Goel, Ms Ritika Sethi, Mr Faisal Lherwani and Mr Abhinay. For the Respondent : Mr Jayant Bhushan, Sr. Advocate with Ms Rajdipa Behera, Ms Monica Gupta. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 These writ petitions have been filed by M/s Kandla Port Trust, which is an authority constituted under the Major Port Trust Act, 1963 against two Central Public Sector Enterprises of Government of India. The principal controversy raised in the present petition is with regard to the legality and validity of the Permanent Machinery of Arbitrat...

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