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Delhi Court November 2014 Judgments

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Nov 10 2014 (HC)

Si/ Ex. Rajeev Teotia Vs. Union of India and ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: November 10, 2014 + W.P.(C) 2700/2012 SI/ EX. RAJEEV TEOTIA Through: ..... Petitioner Ms. Rekha Palli, Ms. Garima Sachdeva and Ms. Shruti Munjal, Advocates versus UNION OF INDIA & ORS Through: ..... Respondents Mr. Ankur Chhibber, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE NAJMI WAZIRI JUDGMENT KAILASH GAMBHIR, J1 By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner seeks i) a writ of certiorari for quashing the Recommendation of the DPC held in January, 2012 denying him promotion from the rank of Sub- Inspector / Exe. to Inspector/ Exe. and ii) a writ of mandamus to the respondents to reconvene a DPC for considering the case of the petitioner for promotion based on the guidelines laid down in Circular No.23/2009 dated 04.11.2009.2. In brief, the facts of the case are that the petitioner had joined Central Industrial Security Force (in short CISF) as a...

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Nov 10 2014 (HC)

Union of India and ors. Vs. Prem Pal Singh

Court: Delhi

$~28 & 29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:10. 11.2014 + W.P.(C) 7618/2014, C.M. NOS. 17952/2014 & 17953/2014 UNION OF INDIA & ORS. ..... Petitioner Through : Sh. J.K. Singh, Advocate. versus PREM PAL SINGH ..... Respondent Through : None. + W.P.(C) 7627/2014, C.M. NOS.17970/2014 & 17971/2014 UNION OF INDIA & ORS. ..... Petitioners Through : Sh. J.K. Singh, Advocate. versus SHYAM PYARE YADAV & ORS. ..... Respondents Through : None. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The controversy involved in these two proceedings under Article 226 of the Constitution arising from two separate orders of the Central Administrative Tribunal (CAT) dated 06.02.2014 29.05.2014 in O.A. No.3745/2012 and O.A. and No.1921/2014 respectively, is the admissibility of pension by reckoning the period of casual/temporary employment of those working in the Railways. The W.P.(C) 7618/2014 & W.P.(C) 7627/2014 Pa...

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Nov 10 2014 (HC)

M/S Capital Land Builder Pvt. Limited Vs. Govt.of Nct of Delhi and ors ...

Court: Delhi

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:10. 11.2014 W.P.(C) 4769/2014 & CM95102014 M/S CAPITAL LAND BUILDER PVT. LIMITED ... Petitioner versus GOVT.OF NCT OF DELHI AND ORS. ... Respondents AND + W.P.(C) 4771/2014 & CM95112014 M/S CAPITAL LAND BUILDER PVT. LIMITED ... Petitioner versus GOVT.OF NCT OF DELHI AND ORS. ... Respondents Advocates who appeared in this case: For the Petitioner : Mr Naresh Kaushik with Mr B. Tripathy For the Respondents : Mr Yeeshu Jain with Ms Jyoti Tyagi for LAC/L&B Mr Pawan Mathur for DDA CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioner in both these writ petitions are the same and the issues involved are also the same. The only difference being in the khasra numbers in the two petitions. For this reason, the writ petitions are being disposed of by a common judgment.2. The petitioner seeks the benefit of Section 24(2) of the Right to Fair Compensation a...

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Nov 10 2014 (HC)

Yogesh Kumar Gupta and anr Vs. Union of India and ors

Court: Delhi

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:10. 11.2014 W.P.(C) 5651/2014 & CM No.13994/2014 YOGESH KUMAR GUPTA & ANR ... Petitioners versus UNION OF INDIA & ORS ... Respondents Advocates who appeared in this case: For the Petitioners : Mr N.S. Vasisht, Mr Vishal Singh, Mr M.P. Bhargava and Ms Jyoti Kataria, Advocates For the Respondents : Mr Abhay Prakash Sahay with Mr Deepak Gupta for UOI Mr Siddharth Panda for R-5 Mr Arjun Pant for DDA CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. By way of this writ petition, the petitioners are seeking the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) which came into effect on 01.01.2014. The petitioners, consequently seek a declaration that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinaft...

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Nov 10 2014 (HC)

Kusham JaIn Vs. Govt. of Nct of Delhi and anr

Court: Delhi

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:10. 11.2014 W.P.(C) 4232/2014 & CM No.8499/2014 KUSHAM JAIN .... Petitioner versus GOVT. OF NCT OF DELHI & ANR ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr N.S. Dalal, with Mr Devesh P. Shah, Advocates For the Respondents :Mr Yeeshu Jain, Advocate with Ms Jyoti Tyagi, Advocate for R-1 Mr Arjun Pant, Advocate for R-2 CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioner seeks the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act) in respect of which Award No.157/86-87 dated 19.09.19...

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Nov 10 2014 (HC)

M/S Runweel (India) Pvt. Ltd. Vs. Government of Nct of Delhi and ors

Court: Delhi

$~ 83(III) * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:10. 11.2014 W.P.(C) 4780/2014 & CM95252014 M/S RUNWEEL (INDIA) PVT. LTD. .... Petitioner versus GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Naresh Kaushik, B. Tripathy For the Respondents : Mr Yeeshu Jain, Ms Jyoti Tyagi. Mr Pawan Mathur CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioner seeks the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act) in respect of which Award No.14/87-88 dated 26.05.1987 was made, inter alia, in respect of th...

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Nov 10 2014 (HC)

Vinod @ Vinodi Vs. State

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 03, 2014 Judgment Delivered on: November10, 2014 % + CRL.A. 804/2014 SUNIL @ BABU Represented by: ..... Appellant Mr.P.S.Pradhan, Advocate. versus STATE Represented by: + ..... Respondent Mr.Lovkesh Sawhney, APP for the State with Inspector Yashpal Singh, Crime Branch and SI Gorav. Mr.Rajeev Nanda, Advocate for deceaseds father. CRL.A. 854/2014 VINOD @ VINODI Represented by: ..... Appellant Ms.Nandita Rao, Advocate. versus STATE Represented by: ..... Respondent Mr.Lovkesh Sawhney, APP for the State with Inspector Yashpal Singh, Crime Branch and SI Gorav. Mr.Rajeev Nanda, Advocate for deceaseds father. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Sunil @ Babu and Vinod @ Vinodi have been convicted for the offence of murder of Jitender vide impugned judgment dated March 26, 2014 and directed to undergo imprisonment for life.2. Learned counsels for the appellants assa...

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Nov 10 2014 (HC)

M/S Far East Marketing (P) Ltd Vs. M/S Khurana Electricals and ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:10. h November, 2014 % + I.A. Nos.17592/2011 & 17593/2011 in CS(OS) No.303/2011 M/S FAR EAST MARKETING (P) LTD ..... Plaintiff Through Mr.J.S. Bakshi, Adv. with Mr.A.S.Bakshi, Adv. versus M/S KHURANA ELECTRICALS & ORS ..... Defendants Through Mr.Sumit Kalra, Adv. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiff has filed the present suit for recovery under Order XXXVII CPC against the defendants.2. Brief facts of the case are that the plaintiff-Company is engaged in the business of suppliers, dealers, stockists of Home Appliances etc. The defendant No.2 portrayed himself to be the proprietor of the defendant No.1s sole proprietorship firm. Pursuant to the agreement arrived at Delhi, the defendants had been appointed as the distributor in respect of the products/appliances supplied by the plaintiff.3. It is the case of the plaintiff that as per the books of accounts of the plaintiff-Company, a princi...

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Nov 10 2014 (HC)

Razzak Vs. Sh. Dharmender Singh and anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.992/2014 & CM1824214 & Caveat 979/14 % 10th November, 2014 RAZZAK ...... Petitioner Through: None. VERSUS SH. DHARMENDER SINGH & ANR. ...... Respondents Through: Mr. S.K.Verma, Adv. for R-1 Mr. Salim Malik, Adv. for R-2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this petition under Article 227 of the Constitution of India petitioner and who was the applicant under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC) impugns the order of the trial court dated 15.9.2014 by which the trial court has dismissed the application of the petitioner/applicant under Order I Rule 10 CPC on the ground that the subject suit for possession filed by the respondent no.1 herein/plaintiff in the suit against the respondent no.2 herein/defendant in the suit cannot be converted into a title suit between the applicant and respondent no.1 herein/plaintiff.2. CMM9922014 The subjec...

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Nov 10 2014 (HC)

National Insurance Co Ltd Vs. Dr ShahabuddIn Ahmed and ors

Court: Delhi

$~A-15 & 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10/11/2014 + MAC.APP. 1126/2011 NATIONAL INSURANCE CO LTD ..... Appellant Through Mr.Pankaj Seth, Advocate. versus DR SHAHABUDDIN AHMED & ORS ..... Respondents Through Mr.O.P.Mannie, Advocate for R-1 & 2. + MAC.APP. 79/2012 SHAHABUDDIN & ANR ..... Appellants Through Mr.O.P.Mannie, Advocate. versus SABAHAT HUSSAIN ZAIDI & ORS ..... Respondents Through Mr.Pankaj Seth, Advocate. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) MAC.APP. 1126/2011 and MAC.APP. 79/2012 1. These are two appeals filed by the Insurance Company and the claimants. MAC Appeal 1126/2011 is filed by the Insurance Company seeking to impugn the Award dated 07.09.2011. MAC Appeal No.79/2012 is filed by the claimants seeking enhancement of compensation.2. The brief facts giving rise to the claim petition are that the deceased was a young bachelor named Firaz Ahmed aged 23 years who was studying MBBS final year at Aligarh Muslim University...

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