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Delhi Court November 2014 Judgments

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Nov 25 2014

Om Apartments Pvt. Ltd. Vs. Union of India and ors.

Court: Delhi

Decided on: Nov-25-2014

75 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. 11.2014 W.P.(C) 4350/2014 & CM87222014 OM APARTMENTS PVT. LTD. ..... Petitioner versus UNION OF INDIA & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Daleep Kr. Dhayani. For the Respondents : Mr Akshay Makhija, CGSC with Mr Roshan Lal Goel and Mr Rohitendra Deb for UOI. Mr Yeeshu Jain and Ms Jyoti Tyagi for LAC/L&B. Ms Mrinalini Sen Gupta and Ms Mrinmoi Chatterjee for DDA. CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The counter affidavit on behalf of the respondent Nos.4 and 5, which is handed over by Mr Jain, is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit.2. 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...


Nov 25 2014

Banwari Lal and Brothers Vs. Union of India and ors.

Court: Delhi

Decided on: Nov-25-2014

74 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. 11.2014 W.P.(C) 4340/2014 & CM86972014 BANWARI LAL & BROTHERS ..... Petitioner versus UNION OF INDIA & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Daleep Kr. Dhayani. For the Respondents : Mr Akshay Makhija, CGSC with Mr Roshan Lal Goel and Mr Rohitendra Deb for UOI. Mr Yeeshu Jain and Ms Jyoti Tyagi for LAC/L&B. Mr Pawan Mathur for DDA. CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The counter affidavit on behalf of the respondent Nos.4 and 5, which is handed over by Mr Jain, is taken on record. The learned counsel for the petitioner does not wish to file any rejoinder affidavit.2. 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 eff...


Nov 25 2014

Phire Ram Vs. Union of India and ors

Court: Delhi

Decided on: Nov-25-2014

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 11.2014 W.P.(C) 4456/2014 PHIRE RAM .... Petitioners versus UNION OF INDIA & ORS ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Rajeev Sharma, Advocate with Mr Pankaj Dubey and Ms Rishu Mishra, Advocates For the Respondents : Ms Abha Malhotra, Advocate for R-1 Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for R-2 to R-4 Mr Pawan Mathur, Advocate for R-5 CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. Mr Yeeshu Jain has handed over the counter affidavit on behalf of respondent No.4 [LAC (South East)].. The same is taken on record. The learned counsel for the petitioner does not wish to file the rejoinder affidavit.2. 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 2...


Nov 25 2014

Swarup Singh Vs. Union of India and Others

Court: Delhi

Decided on: Nov-25-2014

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 11.2014 W.P.(C) 4632/2012 & CM No.8488/2014 SWARUP SINGH .... Petitioner versus UNION OF INDIA & OTHERS ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Rakesh Kumar Garg and Mr Rajiv Kumar Ghawana For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for LAC/L&B Ms Shobhana Takiar for DDA CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The affidavit handed over by Mr Yeeshu Jain on behalf of the Land Acquisition Collector is taken on record. The learned counsel for the petitioner does not wish to file a rejoinder affidavit.2. 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 e...


Nov 25 2014

Amit Rai and ors Vs. State (Delhi Admn) and anr

Court: Delhi

Decided on: Nov-25-2014

$~7 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 4509/2014 AMIT RAI & ORS Through: ..... Petitioners Mr. Anwar Jamal, Advocate versus STATE (DELHI ADMN) & ANR ..... Respondents Through: Ms. Nishi Jain, APP for State with SI Anita, PS Uttam Nagar Mr. Pravin Kr. Pachori, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) CRL.M.A. 15435/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 4509/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.394/2013 registered under Sections 498A/406/34 IPC at Police Station Uttam Nagar on 21.07.2013, on the ground that the matter has been amicably settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor for the State, and Mr. Pravin Kumar Pachori, Advocate for the second respondent / complainant, enter appearance and accept notice. The complainant is present in person. She is al...


Nov 25 2014

Sunder Lal and ors. Vs. Union of India and ors.

Court: Delhi

Decided on: Nov-25-2014

20 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. 11.2014 W.P.(C) 4416/2014 & CM88362014 SUNDER LAL & ORS. ..... Petitioners versus UNION OF INDIA & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr Raghuvinder Varma. For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi for LAC/L&B. Mr Pawan Mathur and Mr Himanshu Gupta for DDA. CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioners seek 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.13/2005-06 dated 12.08.2005 was made, inter alia, in respe...


Nov 25 2014

Sh. Munni Lal and anr Vs. Union of India and ors

Court: Delhi

Decided on: Nov-25-2014

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 11.2014 W.P.(C) 4650/2012 & CM No.8487/2014 .... Petitioners SH. MUNNI LAL AND ANR versus ..... Respondents UNION OF INDIA AND ORS Advocates who appeared in this case: For the Petitioner : Mr Rakesh Kumar Garg and Mr Rajiv Kumar Ghawana For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for LAC/L&B Ms Shobhana Takiar for DDA CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The affidavit handed over by Mr Yeeshu Jain on behalf of the Land Acquisition Collector is taken on record. The learned counsel for the petitioner does not wish to file a rejoinder affidavit.2. The petitioners seek 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...


Nov 25 2014

Sh. Suraj Bajaj Vs. Sh. Swadesh Kumar Gupta

Court: Delhi

Decided on: Nov-25-2014

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RC.REV.No.539/2012 & C.M.No.18708/2012 (Stay) 25th November, 2014 % SH. SURAJ BAJAJ Through: ......Petitioner Mr.Amit Sethi with Mr.Sachin Aneja, Advocates. VERSUS SH. SWADESH KUMAR GUPTA Through: ...... Respondent Mr.Jayant K.Sud with Mr.Bonita Singh and Mr.Chirag Khurana, Advocates. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This rent control revision petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) impugning the judgment of the Additional Rent Controller (ARC) dated 31.7.2012 by which the ARC has dismissed the leave to defend application and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to one room i.e garage in the ground floor of the property bearing no.4/29, West Patel Nagar, New Delhi as shown in red colour in the site plan annexed with the evi...


Nov 25 2014

Surender Singh and anr. Vs. Delhi Development Authority and ors.

Court: Delhi

Decided on: Nov-25-2014

65 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. 11.2014 W.P.(C) 6897/2014 & CM162692014 SURENDER SINGH & ANR. ..... Petitioners versus DELHI DEVELOPMENT AUTHORITY & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr Raj Kumar Sharma, Mr Ajayinder Sangwan, Mr Tarunesh Kumar and Mr R.Sharma, Advocates. For the Respondents : Mr Ajay Digpaul, CGSC with Mr Kunal Punj for UOI. Mr Yeeshu Jain and Ms Jyoti Tyagi for LAC/L&B. Mr Dhanesh Relan and Mr Arush Bhandari for DDA. CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The counter affidavit on behalf of the respondent Nos.2 and 3, which is handed over by Mr Jain, is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder affidavit.2. The petitioners seek the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettle...


Nov 25 2014

New India Assurance Co Ltd Vs. Jasvinder Singh and ors

Court: Delhi

Decided on: Nov-25-2014

$~A-7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25.11.2014 + MAC.APP. 591/2011 NEW INDIA ASSURANCE CO LTD ..... Appellant Through Mr.Manish Kaushik, Adv. for Mr.K.L.Nandwani and Mr.Sameer Nandwani, Advocates versus JASVINDER SINGH & ORS ..... Respondent Through Mr.J.S.Arora, Adv. for R-4 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. By the present appeal the appellant seeks to impugn the Award dated 18.3.2011.2. The brief facts are that on 03.10.2006 Shri Harjeet Singh while working in front of import and export examination area, ICD, Tughlakadbad, Okhla Phase-I, New Delhi was hit by a crane driven by respondent No.5. On account of the accident he suffered grievous injuries and succumbed to the same.3. Based on the evidence on record the Tribunal concluded that the accident took place due to the rash and negligent driving of respondent No.5.4. On compensation a total compensation of Rs.9,50,000/- was awarded, Loss of dependency of Rs.9,00,000/- was aw...


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