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Delhi Court November 2014 Judgments

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Nov 17 2014

Hitender Vs. Union of India and Ors

Court: Delhi

Decided on: Nov-17-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7661/2014, 7604/2014, 7580/2014 Reserved on:5. 10.11.2014 Decided on :17. 11.2014 IN THE MATTERS OF : HITENDER ..... Petitioner in WP(C) No.7661/2014 AJAY KUMAR VIKRANT ..... Petitioner in WP(C) No.7604/2014 ..... Petitioner in WP(C) No.7580/2014 Through: Mr. Aviral Dhirendra, Advocate versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Anil Soni, CGSC with Mr.Nagendra Benipal, Advocate CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.1. By this common judgment, the Court proposes to decide all the three cases as the facts are more or less similar and the grievance of the petitioners are identical. For ready reference, the facts of the case in WP76612014 are being referred to.2. The present petition has been filed by the petitioner praying inter alia for quashing and setting aside the show cause notice dated 10.06.2013 and the order dated 27.01.2014 issued by the Regional Director (NR) of the respondent No.2/Staff Selection ...


Nov 17 2014

Radhey Shyam Vs. Punjab and Sind Bank and Ors.

Court: Delhi

Decided on: Nov-17-2014

$~18. * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.7854/2014 Date of decision:17. h November, 2014 RADHEY SHYAM ..... Petitioner Through Mr. Sanjay Jain & Mr. Ashok Jain, Advocates. versus PUNJAB & SIND BANK & ORS. Through Nemo. ..... Respondents CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.(ORAL): The challenge is to the order dated 20th August, 2014 passed by the Debt Recovery Appellate Tribunal (DRAT, for short) affirming the finding recorded by the Debt Recovery Tribunal (DRT, for short) in OA No.15/2005 and SA No.40/2008 vide order dated 22nd April, 2013.2. Punjab and Sind Bank had initiated recovery proceedings in OA No.15/2005 before the DRT against M/s Leather Makers, sole proprietorship of one Arvind Kumar, Seema wife of Arvind Kumar as a guarantor and the petitioner herein-Radhey Shyam. Radhey Shyam, it was asserted had created an equitable mortgage by deposit of title deed of property No.681, Pocket-II,...


Nov 17 2014

Vicky Vs. State

Court: Delhi

Decided on: Nov-17-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 11, 2014 Judgment Delivered on: November 17, 2014 % + CRL.A. 297/2014 VICKY Represented by: ..... Appellant Mr.R.S.Malik, Advocate with Mr.Puneet Mahendru and Mr.Sahil Malik, Advocates versus STATE Represented by: ..... Respondent Mr.Lovkesh Sawhney, APP CRL.A. 299/2014 MOHAN LAL Represented by: ..... Appellant Mr.R.S.Malik, Advocate with Mr.Puneet Mahendru and Mr.Sahil Malik, Advocates versus STATE Represented by: ..... Respondent Mr.Lovkesh Sawhney, APP CRL.A. 1303/2014 STATE Represented by: ..... Appellant Ms.Aashaa Tiwari, APP for versus BUNTY @ RAJIV & ANR Represented by: CRL.A.No.297/2014 & conn.matters ..... Respondents Mr.R.S.Malik, Advocate with Mr.Puneet Mahendru and Mr.Sahil CORAM: HON'BLE MR. JUSTICE PARDEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PARDEEP NANDRAJOG, J.1. Appellants Mohan Lal and his son Vicky do not dispute that an incident took place at around 10:30 PM on July 30, 2011 involving the...


Nov 17 2014

Smt. Santoshi and Ors Vs. Union of India

Court: Delhi

Decided on: Nov-17-2014

$~9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO2672014 Decided on 17th November, 2014 SMT. SANTOSHI & ORS Through: versus ..... Appellants Mr. S.N. Parashar, Adv. UNION OF INDIA Through: ..... Respondent Mr. V.K. Jain, Adv. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(ORAL) 1. Appellants are legal heirs of Late Shri Ram Nath. They filed a claim application before the Railway Claims Tribunal, Principal Bench, Delhi seeking compensation of `4 lacs in respect of death of Shri Ram Nath in relation to Firozpur Janta Express train. She alleged that on 8th October, 2012 deceased-Ram Nath was travelling from Tuglakabad Station to New Delhi Railway Station by Firozpur Janta Express when he accidentally fell down from the crowded compartment of the running train near Shivaji Bridge, Delhi due to heavy rush and sudden jerk. Deceased was rushed to RML Hospital where he died on 10:50 pm on the same day.2. Respondent alleged that deceased did not die in an untoward incident within the m...


Nov 17 2014

M/S G.P.S Properties Pvt Ltd and Anr Vs. South Delhi Municipal Corpora ...

Court: Delhi

Decided on: Nov-17-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:17. h November, 2014 + CS(OS) 814/2014 M/S G.P.S PROPERTIES PVT LTD & ANR Through: ..... Plaintiffs Mr. Rajat Malhotra, Adv. versus SOUTH DELHI MUNICIPAL CORPORATION& ANR ..... Defendants Through: Nemo. % CORAM: HON'BLE MR. JUSTICE G.P. MITTAL G.P. MITTAL, J.1. This suit has been filed by the Plaintiffs seeking relief of declaration that the Assessment Order no.TAX/CIR/2013/453 dated 01.03.2013 passed by the Defendants and subsequent demand for payment on the basis of the Assessment Order as well as notice and warrant of attachment issued in pursuance thereof are illegal. The Plaintiffs further seek a decree of permanent injunction qua issuance of any such demand in future.2. On 24.03.2014, at the time of preliminary hearing of the suit, certain doubts were raised about the maintainability of the suit based upon the judgments in Srikant Kashinath Jituri v. Corporation of the City of Belgaum (1994) 6 SCC572and N.D.M.C. v. Satish Ch...


Nov 17 2014

Smt. Vidya Dhek and Ors. Vs. Union of India

Court: Delhi

Decided on: Nov-17-2014

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO3602014 Decided on 17th November, 2014 SMT. VIDYA DHEK & ORS. ..... Appellants Through: Ms. Aruna Mehta, Adv. Versus UNION OF INDIA ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(ORAL) CM No.18893/2014 For the reasons explained in the application delay in filing the appeal is condoned. Application is disposed of. CM No.18892/2014 Allowed, subject to all just exceptions. Application is disposed of. FAO3602014 1. Appellant no.1 is widow; whereas appellant nos. 2 and 3 are children of Late Shri Kailash Singh Dhek. They filed a claim petition before the Railway Claim Tribunal, Principal Bench, Delhi seeking compensation of `4 lacs in respect of death of Shri Kailash Singh Dhek, in an alleged untoward incident dated 20th January, 2008, relating to a train. In the claim petition, it was stated that deceased was working in a firm in Gurgaon. The said firm was having an office at Okhla Industrial Area as...


Nov 17 2014

Shri Mam Chand Since Deceased Now Represented by H Vs. Sat NaraIn Gupt ...

Court: Delhi

Decided on: Nov-17-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:17. 11.2014 W.P.(C) 6874/2012 & CM No.17894/2012 SHRI MAM CHAND SINCE DECEASED NOW REPRESENTED BY HIS LEGAL HEIRS MRS JAI RANI GUPTA ..... Petitioner versus SAT NARAIN GUPTA ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr Rajesh Kumar. For the Respondent : Mr Satish Kumar. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner impugns an order dated 03.04.2012 of the Competent Authority under the Slum Areas (Improvement and Clearance) Act, 1956 (hereafter referred to as the impugned order). By the impugned order, the Competent Authority has allowed the application of the respondent under Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 (hereafter the Act) to initiate the proceedings for eviction of the petitioner from a shop occupied by the petitioner in Khari Baoli, Delhi.2. According to the petitioner, the impugned order is erroneous and is barred by t...


Nov 17 2014

Dharambir Sharma and Anr Vs. State

Court: Delhi

Decided on: Nov-17-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 13, 2014 Judgment Delivered on: November 17, 2014 % + CRL.A. 1013/2014 DHARAMBIR SHARMA & ANR Represented by: ..... Appellants Mr.S.K.Goyal, Advocate. versus STATE Represented by: ..... Respondent Mr.Varun Goswami, APP for the State with Inspector Indraj Singh, PS Adarsh Nagar. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Appellants Dharambir Sharma and Rakesh Sharma who are father and son challenge the impugned judgment dated April 29, 2014 convicting them for offences punishable under Sections 302/34 IPC and 307/34 IPC and directing them to undergo imprisonment for life for offence punishable under Sections 302/34 IPC with a fine of `50,000/- and Rigorous Imprisonment for a period of seven years and a fine of `15,000/- for offence punishable under Sections 307/34 IPC vide the impugned order dated April 30, 2014.2. Assailing the judgment learned counsel for the ap...


Nov 17 2014

Parvindar Singh Vs. M/S Senbo Engineering Ltd

Court: Delhi

Decided on: Nov-17-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:17. h November, 2014 % + CS(OS) No.1693/2012 & I.A. No.8692/2013 PARVINDAR SINGH ..... Plaintiff Through Mr. Ashish Pratap Singh, Adv. versus M/S SENBO ENGINEERING LTD ....Defendant Through Mr. Aloke Kr. Bhattacharya, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiff has filed a suit for recovery of Rs.35,58,257/- along with pendent lite and future interest against the defendant.2. It is stated that the plaintiff is engaged in the business of civil construction doing construction in the name of S.P.Construction and Shekhawat Construction as proprietorship concerns. The defendant is engaged in the business of civil construction, doing construction works for Delhi Metro Rail Corporation (DMRC).3. Defendant was served with summons on 18th August, 2012. However, the defendant did not file the written statement and consequently, the right to file the written statement was closed vide order dated 21s...


Nov 17 2014

Mahanagar Telephone Nigam Limited Vs. M/S Cimmco Limited

Court: Delhi

Decided on: Nov-17-2014

$-26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EFA(OS) 27/2014 Date of decision :17. h November, 2014 % MAHANAGAR TELEPHONE NIGAM LIMITED ..... Appellant Through: Mr. Sudhir Nandrajog, Senior Advocate with Mr. Vaibhav Kalra, Advocate. versus M/S CIMMCO LIMITED Through: ..... Respondent CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.(Oral) CM187712014 (exemption) Allowed, subject to just exceptions. CM187702014 (delay) For the reasons stated in the application, the delay in filing the present appeal is condoned. This application is allowed. EFA(OS) 27/2014 and CM187692014 (stay) 1. It is submitted by learned senior counsel for the appellant that the record necessary for adjudication of the present appeal which is relied upon in support by the appellant has been filed. We have heard learned senior counsel for the appellant and also perused the available record.2. The instant appeal has been filed by the appellant primarily challenging the direction...


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