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Delhi Court December 2014 Judgments

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Dec 10 2014

Gaon Sabha Libaspur Welfare Association Through It Vs. Govt. of Nct of ...

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h December, 2014 + W.P.(C) 3201/2014 & CM No.6659/2014 (for stay) GAON SABHA LIBASPUR WELFARE ASSOCIATION THROUGH ITS PRESIDENT ..... Petitioner Through: Mr. Vikramjit Saini, Adv. Versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Amitabh Marwah, Adv. for R-1. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL), impugns the allotment of Khasra Nos.23/21, 24/25, 31/1 and 31/10 of village Libaspur, District North-West by the Director (Panchayat), Government of National Capital Territory of Delhi (GNCTD) vide letter dated 7th July, 2012 to the Directorate of Education and seeks a direction to the respondent GNCTD to, out of the aforesaid land leave out land in Khasra Nos.23/21 and 24/25 ad-measuring 7 Bighas and 7 Biswas for construction of Multi Purpose Community...


Dec 10 2014

Voltas Ltd Vs. Ncc Ltd and Anr

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 1117/2014 % Judgment Reserved on:02. 12.2014 Judgement pronounced on:10. 12.2014 ..... Petitioner VOLTAS LTD Through: Mr.P.K.Sharma and Mr.Sanjay Grover, Advocates versus NCC LTD & ANR ..... Respondents Through: Ms.Priya Kumar, Advocate CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for the relief that respondent No.1 be restrained from invoking three bank guarantees bearing Nos.999513BG0002397, 0999513BG0002398 and 0999513BG0002399 all dated 24.09.2013 of the following nature:S.No.Date i) 24.09.2013 ii) 24.09.2013 iii) 24.09.2013 OMP11172014 Description Mobilization Bank Guarantee Performance Bank Guarantee Retention Bank Guarantee Total Rs. Amount 1,30,56,750.00 1,09,50,000.00 99,50,000.00 2. The admitted facts of the case are that respondent No.1 was formerly known as Nagarjuna Construction Compan...


Dec 10 2014

Prime Meiden Ltd. Vs. Ramky Infrastructure Ltd.

Court: Delhi

Decided on: Dec-10-2014

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on:10. 12.2014 + ARB.P. 622/2014 PRIME MEIDEN LTD ..... Petitioner Through: Mr Mayank Bhugani, Adv. versus RAMKY INFRASTRUCTURE LTD ..... Respondent Through: Mr Atul Sharma & Mr Abhishek Sharma, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 Issue notice.2. Mr Sharma accepts notice on behalf of the respondent. He says that he does not wish to file a reply as there is a preliminary objection being raised on behalf of the respondent with regard to maintainability of the petition in this court.3. The said statement made by Mr Sharma is taken on record.4. This is a petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 (in short the Act). The prayer made in the petition is for appointment of an arbitrator. The case of the petitioner is that, it was appointed as a sub-contractor by the respondent, qua a contract awarded to the respondent by the Karnataka Power Transmission Corporati...


Dec 10 2014

Social Jurist, a Civil Rights Group Vs. Action Committee Unaided Recog ...

Court: Delhi

Decided on: Dec-10-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA No.781/2014 DIRECTORATE OF EDUCATION ..... Appellant Through: Mr. P.P. Malhotra, Sr. Adv. with Mr. V.K. Tandon, Mr. Pardeep Kumar, Mr. Yogesh Saini & Mr. Kartik Jindal, Advs. versus ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS & ORS ..... Respondents Through: Mr. Rakesh Khanna, Sr. Adv. with Mr. Kamal Gupta, Adv. for R-1. Mr. Arun Bhardwaj, CGSC with Mr. Rishi Kapoor, Adv. for R-3/UOI. Mr. Vedanta Verma, Adv. AND + LPA No.769/2014 SOCIAL JURIST, A CIVIL RIGHTS GROUP ..... Appellant Through: Mr. Ashok Aggarwal, Adv. Versus ACTION COMMITTEE UNAIDED RECOGNIZED PVT. SCHOOLS & ORS ..... Respondents Through: Mr. Rakesh Khanna, Sr. Adv. with Mr. Kamal Gupta, Adv. for R-1. Mr. Anurag Ahluwalia, CGSC for R4/UOI. Mr. Vedanta Verma, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER1012.2014 % 1. Admit.2. The counsels for all the respondents appear on caveat / advance notice and waive formal service of notic...


Dec 10 2014

B.S.E.S. Rajdhani Power Ltd. Vs. P.P. Singh and Anr.

Court: Delhi

Decided on: Dec-10-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1051 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate. versus JAGAT RAM & ANR. Through: ..... Respondents Mr. Aditya Sharma proxy for Mr. S. Satyanarayana, Advocate. WITH CRL.A. 1052 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate versus R.K. GUPTA & ANR. Through: ..... Respondents Mr. Vijay Gupta, Advocate WITH CRL.A. 1053 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate versus P.P. SINGH & ANR. Through: ..... Respondents None. WITH CRL.A. 1054 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, standing counsel with Mr. Deepak Pathak, Advocate. versus RAJIV BHASIN & ANR. Through: ..... Respondents Mr. Mukul Dhawan, Advocate WITH CRL.A. 1055 of 2008 B.S.E.S. R...


Dec 10 2014

Union of India Vs. M/S R.R. Foundation Engineers (P) Ltd.

Court: Delhi

Decided on: Dec-10-2014

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 96/2008 UNION OF INDIA ..... Petitioner Through: Mr. Ruchir Mishra and Mr. Aditya Madan, Advocate versus % M/S R.R. FOUNDATION ENGINEERS (P) LTD ..... Respondent Through: Ms. Anusuya Salwan and Ms. Renuka Arora, Advocates CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER ORDER1012.2014 IA No.1810/2008 (condonation of delay) 1. This is an application seeking condonation of delay in re-filing the petition. According to the petitioner, the delay is of 53 days in re-filing. Notice in this application was issued on the very first date i.e., 12.02.2008 alongwith notice in the main petition under Section 34 of the Arbitration and Conciliation Act, 1996 (in short 1996 Act).2. This application seems to have gone of the radar of the court and the application evidently has not been disposed of though orders have been issued by my predecessor on 29.04.2009 directing that the matter be put in the category of finals.3. Ms. Salwan, who appears for the re...


Dec 10 2014

Arvind andors Vs. State (Nct of Delhi) and Anr

Court: Delhi

Decided on: Dec-10-2014

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5619/2014 ARVIND &ORS Through: ..... Petitioners Mr. Ajay Sinha, Advocate with petitioners in person versus STATE (NCT OF DELHI) & ANR ..... Respondents Through: Ms. Nishi Jain, APP for State with W/ASI Prem Lata, PS Narela CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) CRL.M.A. 19180/2014 Exemption, as prayed for, is allowed subject to all just exceptions. The application stands disposed off. CRL.M.C. 5619/2014 % SUDERSHAN KUMAR MISRA, J.(Oral) 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.626/2012 registered under Sections 498-A/406/34 IPC at Police Station Narela on 19.11.2012, on the ground that the matter has been amicably settled between the parties.2. Issue notice.3. Counsel for the State, as well as counsel for the second respondent/ complainant, enter appearance and accept notice. The complainant is present in person. She is also identified by the Investigating O...


Dec 10 2014

Veni Mehta Vs. Uma Shankar Sitani

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :19. h NOVEMBER, 2014 DECIDED ON :10. h DECEMBER, 2014 + CS (OS) 2388/2010 VENI MEHTA ..... Plaintiff Through : Ms.Deeksha L.Kakar, Advocate. VERSUS UMA SHANKAR SITANI Through : ..... Defendant Mr.Rajeev Awasthi, Advocate. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The plaintiff has instituted the present suit for recovery of `21,90,000/- along with pendente-lite and future interest. Case of the plaintiff as set up in the plaint is as under :2. The defendant was introduced to the plaintiff by a common family friend. Thereafter, he approached her for a loan of ` 25 lacs urging compelling family exigencies assuring to return it within six months along with interest @ 24% per annum. She advanced the loan of ` 25 lacs by issuing cheque No.441417 dated 05.12.2005 drawn on ING Vysya Bank, in the presence of her husband Mr.Ved Prakash Mehta. The said cheque was duly encashed by the defendant. In the first week of May, 2006, she re...


Dec 10 2014

Sonvir @ Somvir Thr. His Father Pappu Singh Vs. State Nct of Delhi

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: December 05, 2014 Judgment Delivered on: December 10, 2014 % + CRL.A. 1046/2014 KHALIL AHMED Represented by: ..... Appellant Mr.B.S. Joon, Mr.A.S. Tokas, Mr.Varun Chugh and Mr.Siddharth Joon, Advocates versus STATE OF NCT OF DELHI Represented by: + ..... Respondent Ms.Asha Tiwari, APP for the State with Insp.Anand Yadav, PS Jamia Nagar. CRL.A. 1300/2014 SONVIR @ SOMVIR THR. HIS FATHER PAPPU SINGH ..... Appellant Represented by: Mr.Ravindra Narayan, Advocate versus STATE NCT OF DELHI Represented by: + ..... Respondent Mr.Lovkesh Sahani, APP for the State with Insp.Anand Yadav, PS Jamia Nagar. CRL.A. 1506/2014 SULTAN @ RAJESH Represented by: ..... Appellant Mr.Alamgir, Advocate versus THE STATE ( GOVT OF NCT OF DELHI) ..... Respondent Represented by: Ms.Asha Tiwari, APP for the State with Insp.Anand Yadav, PS Jamia Nagar CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Khalil Ahm...


Dec 10 2014

B.S.E.S. Rajdhani Power Ltd. Vs. Jagat Ram and Anr.

Court: Delhi

Decided on: Dec-10-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1051 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate. versus JAGAT RAM & ANR. Through: ..... Respondents Mr. Aditya Sharma proxy for Mr. S. Satyanarayana, Advocate. WITH CRL.A. 1052 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate versus R.K. GUPTA & ANR. Through: ..... Respondents Mr. Vijay Gupta, Advocate WITH CRL.A. 1053 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate versus P.P. SINGH & ANR. Through: ..... Respondents None. WITH CRL.A. 1054 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, standing counsel with Mr. Deepak Pathak, Advocate. versus RAJIV BHASIN & ANR. Through: ..... Respondents Mr. Mukul Dhawan, Advocate WITH CRL.A. 1055 of 2008 B.S.E.S. R...


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