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Delhi Court December 2014 Judgments

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Dec 09 2014

Satya Prakash Mittal Vs. Union of India and Ors.

Court: Delhi

Decided on: Dec-09-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:9. h December, 2014 + W.P.(C) No.2866/2014 & CMs No.5937/2014 (for stay) & 5939/2014 (for filing additional documents). SATYA PRAKASH MITTAL ..... Petitioner Through: Mr. Vinay J.Hegde & Mr. P.K. Bansal, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Rajiv Nayar, Sr. Adv. with Mr. Digvijay Rai, Mr. Jaiveer, Ms. Ruby Singh, Mr. K.D. Chopra & Ms. Nehga Gupta, Advs. for AAI. Mr. Mohan Parasaran, Sr. Adv. with Mr. K. Raghavacharuvulyu, Mr. Kailash Pandey, Ms. Arunima Pal & Mr. Ranjeet Singh, Advs. for R-3,6&8. CORAM:HONBLE THE CHIEF JUSTICE HONBLE 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), (i) impugns the Request for Qualification (RFQ) issued in August, 2012, the Request for Proposal (RFP) issued in September, 2013 and the Award of Concession granted in October, 2013 by the respondent no.2 Air...


Dec 09 2014

Somnath Majhi and Ors Vs. State of Nct of Delhi and Ors

Court: Delhi

Decided on: Dec-09-2014

$~7 and 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4504/2014 TAKSU @ ASRAFUL ISLAM & ORS ..... Petitioners Through: Ms. Parul Choudhary, Advocate with petitioners in person. versus STATE OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Amit Ahlawat, APP for the State with SI Vijay Pal, PS Sagar Pur. Mr. Pratap Singh, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person. + CRL.M.C. 4505/2014 SOMNATH MAJHI & ORS Through: ..... Petitioners Mr. Pratap Singh, Advocate. versus STATE OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Amit Ahlawat, APP for the State with SI Vijay Pal, PS Sagar Pur. Ms. Parul Choudhary, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) Crl. M.A. 15428/2014 (for exemption) in CRL.M.C. 4504/2014 Crl. M.A. 15429/2014 (for exemption) in CRL.M.C. 4505/2014 Exemptions, as prayed for, are allowed, subject to all just ex...


Dec 09 2014

Dharamvir Walia and Anr. Vs. Dhani Ram

Court: Delhi

Decided on: Dec-09-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % CM(M) No.1458/2011 9th December , 2014 DHARAMVIR WALIA & ANR. Through: ......Petitioners Mr. Virag Kr. Aggarwal, Adv. VERSUS DHANI RAM Through: ...... Respondent Mr. S.D.Dixit, Adv. 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 concurrent judgments of the courts below; of the Rent Controller dated 20.12.2010 and the Rent Control Tribunal dated 2.12.2011; whereby the eviction petition filed by the respondent/landlord for nonpayment of rent under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (in short the DRC Act) was decreed and an eviction decree was passed against the petitioners/tenants. At the outset, it is required to be stated that admittedly the present default is a case of second default and if there is a second default no benefit would be available to the petitioners/tenants against evi...


Dec 09 2014

Shyam Lal and Ors. Vs. the Financial Commissioner and Ors.

Court: Delhi

Decided on: Dec-09-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h December, 2014 % + LPA No.775/2014 SHYAM LAL & ORS. Through: ..... Appellants Mr. Ashish Aggarwal with Mr. Ashish Virmani & Ms. Kritika Khanijo, Adv. Versus THE FINANCIAL COMMISSIONER & ORS. ..... Respondents Through: Ms. Ferida Satarawala, Adv. for R-1 & 2/GNCTD. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J CM Nos. 19942/2014 & 19943/2014 (both for exemptions) 1. Allowed, subject to just exceptions.2. The applications are disposed of. LPA7752014 & CM Nos.19940/2014 (for filing additional documents) & 19941/2014 (for stay) 3. This intra-court appeal impugns the judgment dated 25th September, 2014 of the learned Single Judge of this Court, allowing W.P.(C) No.1369513706/2005 filed by the respondents No.3 to 14, by remanding the matter to the Court of Revenue Assistant.4. We have heard the counsel for the appellants no.1 and 2 and the four legal heirs of the deceased appellant No....


Dec 09 2014

Saisudhir Infrastructures Limited Vs. Union of India and Ors

Court: Delhi

Decided on: Dec-09-2014

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h December, 2014 + LPA7532014 SAISUDHIR INFRASTRUCTURES LIMITED ..... Appellant Through: Mr. Arun Kathpalia, Mr. M. Gireesh Kumar and Mr. Vishnu Kumar Jain, Advs. Versus UNION OF INDIA & ORS ..... Respondents Through: Mr. Jaswinder Singh and Ms. Shipra Shukla, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J CM No.19118/2014 (for condonation of 16 days delay in filing the appeal) 1. We have heard the counsel for the appellant as well as the counsel for the respondents No.1 & 2 appearing on advance notice. Need is not felt to hear the respondent No.3 M/s. Indu Project Limited on the application. For the reasons stated, the delay in filing the appeal is condoned.2. The application is disposed of. LPA7532014 & CM No.19115/2014 (for directions) 3. This intra court appeal impugns the order dated 8 th September, 2014 of the learned Single Judge of this Court of dismissal of W...


Dec 09 2014

Smt. Kailash Devi and Anr. Vs. Shri Brij Pal Manocha

Court: Delhi

Decided on: Dec-09-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.1078/2014 9th December , 2014 % SMT. KAILASH DEVI AND ANR. Through: ......Petitioners Mr. Pradeep Dewan, Senior Advocate with Ms. Anupam Dhingra, Advocate and Mr. Ankur Rai, Advocate. VERSUS SHRI BRIJ PAL MANOCHA Through: ...... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes VALMIKI J.MEHTA, J (ORAL) C.M. Nos.20196-97/2014 (exemption) 1. Exemption allowed subject to just exceptions. C.M.s stand disposed of. + C.M.(M) No.1078/2014 and C.M. No.20198/2014 (stay) 2. This petition under Article 227 of the Constitution of India impugns the order of the executing court dated 25.11.2014 by which the executing court has dismissed the objections of the objectors/judgment debtors/tenants against the execution of the judgment and decree dated 27.5.2013 passed with respect to the tenanted premises being one room in the property no.198/5, Gharhi Jharia Maria also known as Ramesh Market Garhi Jarhia...


Dec 09 2014

Indian Medical Association Vs. Ministry of Labour and Employmentand An ...

Court: Delhi

Decided on: Dec-09-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:09. 12.2014 W.P.(C) 7080/2013 INDIAN MEDICAL ASSOCIATION ..... Petitioner versus MINISTRY OF LABOUR AND EMPLOYMENT& ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Atul Sharma and Mr Nitesh Jain. For the Respondents : Mr Ripu Daman Bhardwaj, CGSC and Mr T.P. Singh for R-1. Mr Amit Kumar and Mr Ashish Kumar for R-2. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner impugns a notification No.U-16012/02/2012-SS-I dated 13.06.2013, issued by the Ministry of Labour and Employment inasmuch as it includes the name of respondent No.2 as a constituent member of the Employees State Insurance Corporation (hereafter ESIC). The petitioner assails the appointment of respondent No.2 as a member of ESIC as being contrary to the provisions of the Employees State Insurance Act, 1948 (hereafter the ESI Act).2. According to the petitioner, the appointment of Dr. Purshottam Lal (re...


Dec 09 2014

the State (Nct of Delhi) Vs. Devender Singh and Ors

Court: Delhi

Decided on: Dec-09-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: December 09, 2014 + CRL.L.P. 728/2014 THE STATE (NCT OF DELHI) Represented by: ..... Petitioner Ms.Aashaa Tiwari, APP for the State versus DEVENDER SINGH & ORS Represented by: ..... Respondents None. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) Crl.M.A.No.19083/2014 (Exemption) Allowed. Crl.M.A.No.19082/2014 (Delay) For the reasons stated in the application 27 days delay in filing leave to appeal petition is condoned. CRL.L.P. 728/2014 1. The State seeks leave to appeal against the judgment dated July 30, 2014 whereby the respondents who are the mother-in-law, father-in-law, brothers-in-law and sister-in-law have been acquitted of the charges levelled against them. Mukesh, the husband of the complainant Sarita died during the trial and thus proceedings qua him abated.2. On March 20, 2008 at 11.32 PM an information was received at PS Narela with regard to admission of Sari...


Dec 09 2014

Vinod Kumar and Ors Vs. State Nct of Delhi and Ors.

Court: Delhi

Decided on: Dec-09-2014

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5597/2014 VINOD KUMAR & ORS. Through: ..... Petitioners Mr. Balvinder Singh, Advocates with petitioners in person. versus STATE NCT OF DELHI &ORS. ..... Respondents Through: Mr. Amit Ahlawat, APP for the State with Sub Inspector Vishvendra, P.S. Seemapuri. Mr. Niwas Sharma, Advocate for R-2 to 5 with R-2 to 5 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % ORDER0912.2014 Crl.M.A. No.19099/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. CRL.M.C. No.5597/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.501/2005, registered under Sections 452/324/323/427/506/34 IPC at police station Seemapuri on 25th August, 2005, on the ground that the matter has been settled between the parties.2. Issue notice. Mr. Amit Ahlawat, Additional Public Prosecutor and Mr. Niwas Sharma, Advocate enter appearance and accept notice on behalf o...


Dec 09 2014

Taksu @ Asraful Islam and Ors Vs. State of Nct of Delhi and Ors

Court: Delhi

Decided on: Dec-09-2014

$~7 and 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4504/2014 TAKSU @ ASRAFUL ISLAM & ORS ..... Petitioners Through: Ms. Parul Choudhary, Advocate with petitioners in person. versus STATE OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Amit Ahlawat, APP for the State with SI Vijay Pal, PS Sagar Pur. Mr. Pratap Singh, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person. + CRL.M.C. 4505/2014 SOMNATH MAJHI & ORS Through: ..... Petitioners Mr. Pratap Singh, Advocate. versus STATE OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Amit Ahlawat, APP for the State with SI Vijay Pal, PS Sagar Pur. Ms. Parul Choudhary, Advocate for respondent Nos. 2 and 3 with respondent Nos. 2 and 3 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) Crl. M.A. 15428/2014 (for exemption) in CRL.M.C. 4504/2014 Crl. M.A. 15429/2014 (for exemption) in CRL.M.C. 4505/2014 Exemptions, as prayed for, are allowed, subject to all just ex...


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