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Delhi Court November 2014 Judgments

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Nov 20 2014

Sunil Sikri Vs. The Management Committee of Guru Harkrishan Public

Court: Delhi

Decided on: Nov-20-2014

* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7744/2014 and CM APPL. 18228-18229/2014 Decided on :20. 11.2014 IN THE MATTER OF: SUNIL SIKRI ..... Petitioner Through: Mr. T.N. Tripathi, Advocate versus THE MANAGEMENT COMMITTEE OF GURU HARKRISHAN PUBLIC SCHOOL & ORS ..... Respondents Through: Mr. A.P.S. Ahluwalia, Sr. Advocate with Mr. S.S. Ahluwalia, Advocate for R-1 and R-2/School. Mr. Sumit Chander, Advocate for R-3/GNCTD. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The present petition has been filed by the petitioner praying inter alia for quashing/setting aside the orders dated 28.03.2014 and 10.09.2014 passed by the respondent No.1/School and the Memorandum and Articles of Charge dated 17.12.2013 issued by the respondent No.2/Disciplinary Committee of the respondent No.1/School. The petitioner also seeks orders to restrain the respondent No.2/School and respondent No.3/DOE from continuing with the enquiry against him, on the basis of the Resolution dated 21.1...


Nov 20 2014

National Insurance Co. Ltd Vs. Shri Msh Beig

Court: Delhi

Decided on: Nov-20-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:20. 11.2014 W.P.(C) 272/2012 & CM No.561/2012 NATIONAL INSURANCE CO. LTD ..... Petitioner versus SHRI MSH BEIG ..... Respondent AND + W.P.(C) 332/2012 & CM No.720/2012 ORIENTAL INSURANCE CO. LTD ..... Petitioner versus SHRI MSH BEIG ..... Respondent Advocates who appeared in this case: For the Petitioners : Mr R.S. Mathur, Mr Dinesh Mathur & Ms Jyoti Daxtidar. For the Respondent : None. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioners are insurance companies and impugn an order dated 16.08.2011 passed by the Central Information Commission (hereafter CIC) directing the Life Insurance Company as well as all four general insurance companies to disclose information in response to RTI applications as per the principles settled by the Supreme Court in CBSE v. Aditya Bandopadhyay: (2011) 8 SCC497 2. The principal grievance of the petitioners is that the impugned order directs disclosure of certain inf...


Nov 20 2014

Delhi Development Authority Vs. Metro Paint Industries

Court: Delhi

Decided on: Nov-20-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M.(M) No.981/2011 20th November, 2014 % DELHI DEVELOPMENT AUTHORITY ..... Petitioner Through: Mr. Rajiv Bansal, Advocate with Ms. D. Ray Chaudhary, Advocate. Versus METRO PAINT INDUSTRIES Through: ..... Respondents Mr. Kanwal Chaudhary, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes. VALMIKI J.MEHTA, J (ORAL) 1. This petition under Article 227 of the Constitution of India impugns the order of the court below dated 4.3.2010 by which it has been held that the respondent herein is not bound to surrender any land to the Delhi Development Authority (DDA) pursuant to the judgment of the Supreme Court in the case of M.C. Mehta Vs. Union of India and Ors. (1996) 4 SCC351read with the subsequent judgments being the judgment dated 4.12.1996 reported as M.C. Mehta Vs. Union of India (1997) 11 SCC327and the judgment dated 1.3.2001 in M.C. Mehta Vs. Union of India and Ors. (2001) 4 SCC577 2. It is an undi...


Nov 20 2014

Ajay Gautam Vs. Delhi Waqf Board and Ors

Court: Delhi

Decided on: Nov-20-2014

$~40 to 42 * IN THE HIGH COURT OF DELHI AT NEW DELHI40 W.P.(C) 7869/2014, CMs No.16461/2014 (for stay), 18462/2014 (for appointment of receiver), 18673/2014 (for ex-parte stay) & 18674/2014 (for intervention) SUHAIL AHMED KHAN Through: ..... Petitioner Mr. D.P. Singh, Ms. Sonam Gupta, Mr. Rajkiran Vats, Mr. R.P. Vyas, Mr. Salil Bhattacharya and Mr. Paruesh Khanna, Advs. Versus UNION OF INDIA & ORS Through: ..... Respondents Mr. Tushar Mehta, ASG with Mr. Sanjeev Narula, Mr. Dev P. Bhardwaj, Mr. Sunil Dalal and Mr. Ajay Kalra, Advs. for R-1/UOI. Mr. Rajiv Nanda, Adv. for R-3&7. Mr. Waheeh Shafiq and Mohd. Qaseem, Advs. for Delhi Wakf Board with Mr. Rana Parveen Siddique, Member of DWB. Mr. Laliet Kumar, Adv. for R-5. Mr. Arjun Pant, Adv. for R-6/DDA. Mr. R.V. Sinha, Adv. for R-9/CBI. Dr. Saif Mahmood and Mr. Abhijat, Advs. for Intervener in CMs No.18673/2014 & 18674/2014. AND41 W.P.(C) 7976/2014 & CM No.18696/2014 (for stay) AJAY GAUTAM Through: ..... Petitioner Mr. Ashish Mohan and Mr....


Nov 20 2014

Oriental Insurance Co Ltd Vs. Shweta Khan and Ors

Court: Delhi

Decided on: Nov-20-2014

$~A-8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision20.11.2014 MAC.APP. 182/2012 ORIENTAL INSURANCE CO LTD ..... Appellant Through Mr.A.K.Soni, Advocate. Versus SHWETA KHAN & ORS Through ..... Respondents Mr.O.P.Mannie, Advocate for R-4 & 5. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. The present appeal is filed by the appellant Insurance Company seeking to impugn the award dated 19.12.2011.2. The brief facts which gave rise to filing of the claim petition and the present appeal are that on 10.08.2007 the deceased Inam Khan was going on his motorcycle towards Delhi from Noida. He was hit by a truck driven by respondent No.2 in a rash and negligent manner at a very high speed.3. Based on the evidence on record the Tribunal granted the following compensation:Loss of financial dependency Loss of future prospects Loss of love and affection Loss of consortium Funeral Expenses MAC APP. 182/2012 Rs.20,17,500/Nil Loss of Estate Total 4. Rs.10,000/Rs.20,52,50...


Nov 20 2014

Bal Kishan Yadav Vs. Union of India and Anr

Court: Delhi

Decided on: Nov-20-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5643/2013 BAL KISHAN YADAV Through ..... Petitioner Mr. Sanjay Kumar, Advocate versus UNION OF INDIA AND ANR ..... Respondents Through Mr. Vijay Kinger, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE NAJMI WAZIRI ORDER2011.2014 % KAILASH GAMBHIR, J.(ORAL) 1. The petitioner has filed the present Writ Petition under Article 226 of the Constitution of India to challenge the impugned order No.7/2/2010-ND-2 dated 29.05.2012 whereby his representation seeking appointment to the post of Sub-Inspector in Central Police Organisation 2010 (hereinafter referred to as CPO2010??) in Other Backward Classes (in short OBC) category has been rejected. The petitioner also seeks directions to the respondents to offer appointment to the petitioner in Special Examination for recruitment of Sub-Inspectors in CPOs, 2010 under the OBC category on the basis of his merit alongwith all consequential benefits of seniority and pay at par ...


Nov 20 2014

Vijay Kumar Vs. State of the Nct of Delhi

Court: Delhi

Decided on: Nov-20-2014

$~16. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1715/2012 Date of Decision:20th November, 2013 % VIJAY KUMAR Through : ..... Petitioner Mr.S.B. Dandapani, Adv. versus STATE OF THE NCT OF DELHI ..... Respondent Through : Mr.Dayan Krishnan and Ms.Manvi Priya, Advs. for the State. SI Ashish S. Dalal, P.S. Kapashera. G.S. SISTANI, J.(ORAL) 1. With the consent of counsel for the parties the present writ petition is set down for final hearing and disposal. The necessary facts to be noticed and as stated in the writ petition are that the petitioner stands convicted by a judgment and order on sentence dated 18.8.2003. The petitioner is serving the sentence awarded and has served more than 11 years out of total sentence of life imprisonment. The petitioner has raised a plea of being a juvenile on the date of commission of the offence i.e. 6.10.2001. According to the petitioner, on the date of incident he was 16 year old. In support of his plea of juvenility the petitioner has filed ...


Nov 20 2014

United India Insurance Co Ltd Vs. Amit and Ors

Court: Delhi

Decided on: Nov-20-2014

$~A-7 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20.11.2014 MAC.APP. 691/2010 UNITED INDIA INSURANCE CO LTD Through ..... Appellant Mr.K.L.Nandwani, Advocate. versus AMIT & ORS Through ..... Respondents Mr.Manish Batra, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) 1. The present appeal is filed by the appellant Insurance Company to impugn the award dated 18.08.2010.2. The brief facts which led to filing of claim petition and the present appeal are that respondent No.1 was crossing the road near ISBT when he was hit by an offending truck driven by respondent No.3. The accident resulted in grievous injuries to respondent No.1 and he suffered permanent disability of 85% of the right lower limb. His right leg above the thigh was amputated.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.3.4. On compensation the Tribunal awarded a total compensat...


Nov 20 2014

Ajay Gautam Vs. Delhi Waqf Board and ors

Court: Delhi

Decided on: Nov-20-2014

$~40 to 42 * IN THE HIGH COURT OF DELHI AT NEW DELHI40 W.P.(C) 7869/2014, CMs No.16461/2014 (for stay), 18462/2014 (for appointment of receiver), 18673/2014 (for ex-parte stay) & 18674/2014 (for intervention) SUHAIL AHMED KHAN Through: ..... Petitioner Mr. D.P. Singh, Ms. Sonam Gupta, Mr. Rajkiran Vats, Mr. R.P. Vyas, Mr. Salil Bhattacharya and Mr. Paruesh Khanna, Advs. Versus UNION OF INDIA & ORS Through: ..... Respondents Mr. Tushar Mehta, ASG with Mr. Sanjeev Narula, Mr. Dev P. Bhardwaj, Mr. Sunil Dalal and Mr. Ajay Kalra, Advs. for R-1/UOI. Mr. Rajiv Nanda, Adv. for R-3&7. Mr. Waheeh Shafiq and Mohd. Qaseem, Advs. for Delhi Wakf Board with Mr. Rana Parveen Siddique, Member of DWB. Mr. Laliet Kumar, Adv. for R-5. Mr. Arjun Pant, Adv. for R-6/DDA. Mr. R.V. Sinha, Adv. for R-9/CBI. Dr. Saif Mahmood and Mr. Abhijat, Advs. for Intervener in CMs No.18673/2014 & 18674/2014. AND41 W.P.(C) 7976/2014 & CM No.18696/2014 (for stay) AJAY GAUTAM Through: ..... Petitioner Mr. Ashish Mohan and Mr....


Nov 20 2014

R.S.Gupta Vs. Amit Singla and ors.

Court: Delhi

Decided on: Nov-20-2014

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on 20th November, 2014. + CONT.CAS(C) 195/2013 R.S.GUPTA Represented by: in person. ..... Petitioner Dr.R.S.Gupta, petitioner Versus AMIT SINGLA & ORS. ..... Respondents Represented by: Ms.Sonia A.Menon, and Mr.Jitender Tiwari, Advs. for R-1 and R-2. Mr.Hanu Bhasivar, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(ORAL) 1. Vide the present petitioner, the petitioner seeking initiation of proceedings against the respondent for violating and not complying the order dated 21.12.2012 passed in W.P.(C) No 8086/2012.2. Learned counsel appearing on behalf of respondent Nos. 1 and 2 submits that letter dated 02.03.2013 and thereafter reminders dated 28.03.2013 and 07.05.2013 have been sent to the General Secretary/Principal, Hindu Shiksha Samiti, D.A.V. Sr. Secondary School No.2, Shankar Nagar, Delhi, however, no response from their end.3. Learned counsel appearing on behalf of respondent No.3 submits that r...


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