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Delhi Court July 2014 Judgments

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Jul 02 2014 (HC)

Akhil Bhartiya Railway Mal Godam Mazdoor Kalyan Sa Vs. Union of India ...

Court: Delhi

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d July, 2014 % + W.P.(C) No.1400/2012 AKHIL BHARTIYA RAILWAY MAL GODAM MAZDOOR KALYAN SANSTHA .. Petitioner Through: Mr. Sushil Jain, Adv. Versus UNION OF INDIA & ORS. Through: .. Respondents Mr. Hashmat Nabi with Mr. Chanchal, Advs. for UOI. Mr. M.P. Singh with Ms. Ranjana Singh, Advs. for R-4. Mr. K.S. Negi with Mr. Alok Kumar, Advs. for R-5. 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) seeks; i) a direction to the respondent Railways to provide basic amenities to the workers of the Railway Freight Godam / Warehouse and also ensure measures against their exploitation; ii) a direction for regularization of the services of these workers and their absorption in the mainstream employment; and, iii) a direction for issuance of badges to all workers of Mal Godam / Warehouse lik...

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Jul 02 2014 (HC)

Smt Sumitra Parashar and anr Vs. Smt Raj Rani and anr

Court: Delhi

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d July, 2014 % + FAO(OS) 178/2014 & CM No.6231/2014 (for stay) SMT SUMITRA PARASHAR & ANR ..... Appellants Through: Ms. Amrit Kaur Oberai with Mr. Aman Singh, Advs. Versus SMT RAJ RANI & ANR ..... Respondents Through: Mr. Ravi Gupta, Sr. Adv. with Mr. Lalit Gupta, Mr. Ajay Gulti, Ms. Garima Goel & Mr. Saharsh Bhalla, Advs. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This intra-court appeal impugns the order dated 24th January, 2014 of the learned Single Judge of this Court (exercising ordinary original civil jurisdiction in CS(OS) No.2154/2010 filed by the respondents) of allowing IA No.8419/2013 of the respondents / plaintiffs for amendment of the plaint. Notice of the appeal was issued and vide ad interim order dated 4th April, 2014 which continues to be in force, the operation of the impugned order was stayed. We have heard the counsel for the appellants / defendants and t...

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Jul 02 2014 (HC)

National Insurance Co. Ltd. Vs. Huma Kala and ors.

Court: Delhi

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:2. d July, 2014 % + MAC.APP. 517/2014 NATIONAL INSURANCE CO. LTD. ..... Appellant Represented by: Ms. Shantha Devi Raman with Mr. Mukul Thakur, Advocates. Versus HUMA KALA & ORS. Represented by: ..... Respondents Mr. Varun Sarin with Mr. Anil Sharma, Advocates for R-1 to R-7. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) C.M. APPL. 9735/2014 (for exemption) Exemption allowed subject to all just exceptions. The application stands disposed of. C.M. APPL. 9734/2014 (for delay) In view of the averments made in the application, the delay of 79 days in filing the instant appeal is condoned. The application stands disposed of. MAC. APP. 517/2014 1. Notice issued to respondent Nos.1 to 7.2. Mr. Varun Sarin, learned counsel accepts notice on behalf of respondent Nos.1 to 7.3. With the consent of the learned counsel for the parties, the appeal is heard for final disposal.4. Vide the present appeal the appellant/ I...

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Jul 02 2014 (HC)

Shahid Ali Vs. Union of India and anr

Court: Delhi

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d July, 2014 % + W.P.(C) 3994/2014 SHAHID ALI Through: ..... Petitioner Mohd. Shariq & Mr. Wasim Alam, Advs. along with petitioner in person. Versus UNION OF INDIA & ANR Through: ..... Respondents Mr. Sachin Datta, CGSC with Ms. Ritika Jhurani, Adv. UOI Mr. Naresh Kaushik, Adv. for R-2. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The present petition filed as a Public Interest Litigation (PIL) impugns the Notification dated 5th March, 2013 of the respondent no.2 Union Public Service Commission (UPSC) whereby Arabic and Persian have been excluded from the list of optional subjects mentioned in Group-II literature of languages of the Main Examination for the Civil Services conducted by the UPSC. The petition also seeks a direction to the respondents to again include Arabic and Persian as subjects in which the candidates can take the said examination.2. The petitioner claims to ...

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Jul 02 2014 (HC)

Allahrakha and anr. Vs. Allahwala and anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:02. 07.2014 + RC. REV. 283/2010 & CM No.8007/2011 (stay) ALLAHRAKHA & ANR. ..... Petitioners Through: Mr. V.B. Andley, Senior Advocate with Mr. Rajiv Duggal and Mr. Aly Mirza, Advocates. Versus ALLAHWALA & ANR. ..... Respondents Through: Mr. Vinod Malhotra & Mr. Nikhil Malhotra, Advocates. + RC. REV. 297/2010 & CM No.8009/2011 (stay) ASIF & NAIM ..... Petitioner Through: Mr. V.B. Andley, Senior Advocate with Mr. Rajiv Duggal and Mr. Aly Mirza, Advocates. Versus ALLAHWALA & ANR. ..... Respondents Through: Mr. Vinod Malhotra & Mr. Nikhil Malhotra, Advocates. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE NAJMI WAZIRI1 This petition impugns an order of 07.09.2010 which allowed the respondents application under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (for short the Act) and ordered the eviction of the petitioner from premises No.4234, Gali Qutubuddin, Gali Shahtara, Ajmeri Gate, Delhi.2. It has been the case of ...

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Jul 02 2014 (HC)

Shri Goverdhan Singh Vs. M/S Alisha Enterprises Pvt. Ltd.

Court: Delhi

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d July, 2014. % + FAO(OS) 260/2014 SHRI GOVERDHAN SINGH ..... Appellant Through: Mr. Anand Yadav with Ms. Anita Tomar, Advocates. Versus M/S ALISHA ENTERPRISES PVT. LTD. ..... Respondent Through: Mr. Rajiv Nayar, Sr. Adv. with Ms. Shyel Trehan and Ms. Manjira Dasgupta, Advocates. AND + FAO(OS) 263/2014 SHRI GOVERDHAN SINGH ..... Appellant Through: Mr. Anand Yadav with Ms. Anita Tomar, Advocates. Versus M/S ALISHA ENTERPRISES PVT. LTD. ..... Respondent Through: Mr. Rajiv Nayar, Sr. Adv. with Ms. Shyel Trehan and Ms. Manjira Dasgupta, Advocates. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. These appeals under Section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) impugn the common order dated 25th April, 2014 of the learned Single Judge of this Court in OMPs No.15/2013 & 136/2013 filed by the respondent and the appellant respectively, both under Section 9 of ...

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Jul 02 2014 (HC)

Man Mohan Vikal Vs. the State of Nct of Delhi

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :28. h MARCH, 2014 DECIDED ON :02. d JULY, 2014 + CRL.A.No.1024/2011 MAN MOHAN VIKAL Through : ..... Appellant Mr.Ramesh Gupta, Sr.Advocate with Mr.Mukesh Kalia & Mr.Karan Sachdeva, Advocates. versus THE STATE OF NCT OF DELHI Through : + ..... Respondent Mr.Lovkesh Sawhney, APP. CRL.A.No.1124/2011 & CRL.M.B.No.2830/2014 NEPAL CHAND ..... Appellant Through : Mr.Mukesh Kalia, Advocate with Mr.Karan Sachdeva, Advocate. versus THE STATE NCT OF DELHI Through : ..... Respondent Mr.Lovkesh Sawhney, APP. AND + CRL.A.No.1099/2011 RAJESH BHATI ..... Appellant Through : Mr.Mukesh Kalia, Advocate with Mr.Karan Sachdeva, Advocate. versus THE STATE NCT OF DELHI Through : ..... Respondent Mr.Lovkesh Sawhney, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Man Mohan Vikal (A-1), Nepal Chand (A-2) and Rajesh Bhati (A-3) impugn a judgment dated 30.07.2011 of learned Addl. Sessions Judge in Sessions Case No.88/08 arising out of FIR No.146/05 P...

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Jul 02 2014 (HC)

Vijay Sethi and ors. Vs. State and ors.

Court: Delhi

* HIGH COURT OF DELHI AT NEW DELHI + F.A.O. No.174/2008 Decided on :2. d July, 2014 VIJAY SETHI & ORS. Through: Appellants Mr. Sunil Malhotra and Ms. Sonali Malhotra, Advocates. Versus STATE & ORS. Through: Respondents Mr. Prem Prakash, Advocate for D-2. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. This is an appeal against the judgment dated 4.4.2008 passed by the learned Additional District Judge, Delhi in a probate case bearing No.377/06/00 granting probate in favour of the respondent No.2/Vidhya Devi on the basis of the Will dated 13.5.1986.2. Briefly stated the facts of the case are that respondent No.2/Vidhya Devi filed a probate petition on the basis of the Will dated 13.5.1986 purported to have been made by one Mangu Ram Pahuja claiming him to be her grandfather. It was alleged that Mangu Ram Pahuja had died on 6.6.1987. He was survived by three sons namely Ram Chander Pahuja, Trilok Chand Pahuja and Krishan Kumar Pahuja. The pedigree showing the legal heirs of late ...

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Jul 02 2014 (HC)

Bela Rani Bhattcharyya Vs. Union of India and ors.

Court: Delhi

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. dJuly, 2014 % + LPA No.390/2014 BELA RANI BHATTCHARYYA .. Appellant Through: Mr. Dipak Bhattacharya & Mr. Niloy Dasgupta, Advs. Versus UNION OF INDIA & ORS. Through: .. Respondents Mr. Vikram Aditya Narayan, Adv. for Mr. Sachin Datta, Adv. for UOI. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 This intra-court appeal impugns the orders dated 07.11.2013 and 10.01.2014 of the learned Single Judge in W.P.(C) No.5079/2013 preferred by the appellant and inter alia holding the writ petition preferred by the appellant impugning the order dated 20.10.2011 of the Competition Appellate Tribunal (COMPAT) to be not maintainable owing to the remedy of appeal under Section 53T of the Competition Act, 2002 being available thereagainst. The learned Single Judge having not gone into the merits of the writ petition, need is not felt to set out the same. The only question for consideration is of th...

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Jul 02 2014 (HC)

Kohli One Housing and Development Pvt. Ltd. Vs. C.S. Aggarwal and ors.

Court: Delhi

* HIGH COURT OF DELHI AT NEW DELHI + I.A. Nos.6063/2010 & 2737/2014 in C.S. (OS) No.76/2010 Decided on :2. d July, 2014 KOHLI ONE HOUSING & DEVELOPMENT PVT. LTD. Plaintiff Through: Mr. Neeraj Kishan Kaul, Senior Advocate with Mr. Shailen Bhatia, Mr. Amit Jain, Mr. Vaibhav Kashyap & Mr. Saurabh Verma, Advocates. Versus C.S. AGGARWAL & ORS. Through: Defendants Mr. Nidhesh Gupta, Senior Advocate with Mr. Abhijat & Mr. Harsh Hari Haran, Advocates for D-1 & 3. Mr. Sanjay Bajaj, Mr. Ajay Bahl & Mr. Tushar Parashar, Advocates for D-2 with D-2 in person. Mr. T.K. Ganju, Senior Advocate with Mr. Rohit Gandhi, Adv. for D-4 to 13. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. This order shall dispose of the application being I.A. No.6063/2010 filed under Order VII Rule 11 CPC by defendant Nos.4 to 13 which is pending for the last more than four years and in respect of which a preliminary issue was framed on 16.1.2014 as to whether the plaint as framed qua defendant Nos.1, 2, 4 to 13 or ...

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