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Delhi Court January 2015 Judgments

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Jan 27 2015

Tata Power Delhi Distribution Ltd. Vs. Delhi State Electricity Workers ...

Court: Delhi

Decided on: Jan-27-2015

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : January 08, 2015 Judgment Pronounced on : January 27, 2015 + LPA8112014 TATA POWER DELHI DISTRIBUTION LTD ..... Appellant Represented by: Mr.A.S.Chandhiok, Sr. Advocate instructed by Mr.Anupam Varma, Mr. Nikhil Sharma & Mr. Rahul Kinra, Advocates versus DELHI STATE ELECTRICITY WORKERS UNION & ORS ..... Respondents Represented by: Mr.Vedanta Verma, Advocate for R-1 Ms.Meenakshi Midha, Advocate with Mr.Siddhartha Nagpal, Advocate for R-2 Ms.Zubeda Begum, Advocate for Pension Trust/R-3 LPA8122014 BSES YAMUNA POWER LTD ..... Appellant Represented by: Mr.Sandeep Sethi, Sr. Advocate instructed by Mr.Anupam Varma, Mr. Nikhil Sharma & Mr. Rahul Kinra, Advocates versus DELHI STATE ELECTRICITY WORKERS UNION & ORS ..... Respondents Represented by: Mr.Vedanta Verma, Advocate for R-1 Ms.Meenakshi Midha, Advocate with Mr.Siddhartha Nagpal, Advocate for R-2 Ms.Zubeda Begum, Advocate for Pension Trust/R-3 LPA8132014 BSES RAJDHANI POWER...


Jan 27 2015

Indian Railway Catering and Tourism Corporation Lt Vs. M/S Srinathji C ...

Court: Delhi

Decided on: Jan-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on January 19, 2015 Judgment delivered on January 27, 2015 + O.M.P. 87/2015 INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD (IRCTC) ..... Petitioner Through: Mr.Luv Kumar Singh, Adv. with Mr.Krishanu Adhikary, Adv. versus M/S SRINATHJI CATERERS Through: ..... Respondent Mr.Manish K.Bishnoi, Adv. CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. This petition under Section 34 of the Arbitration & Conciliation Act, 1996 (Act in short) lay a challenge to the award dated September 23, 2014 of the Sole Arbitrator, whereby the learned Arbitrator directed the appellant herein to refund the respondent an amount of Rs.69,79,000/- within 30 days from the date of issue of the award, and on failure to make the payment in the said period would entail an interest of 9% p.a till realisation of the amount. Facts:2. In the month of July, 2008, the petitioner had floated a tender for licence to provide catering services for 66 ...


Jan 27 2015

Bses Rajdhani Power Ltd. Vs. Delhi State Electricity Workers Union and ...

Court: Delhi

Decided on: Jan-27-2015

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : January 08, 2015 Judgment Pronounced on : January 27, 2015 + LPA8112014 TATA POWER DELHI DISTRIBUTION LTD ..... Appellant Represented by: Mr.A.S.Chandhiok, Sr. Advocate instructed by Mr.Anupam Varma, Mr. Nikhil Sharma & Mr. Rahul Kinra, Advocates versus DELHI STATE ELECTRICITY WORKERS UNION & ORS ..... Respondents Represented by: Mr.Vedanta Verma, Advocate for R-1 Ms.Meenakshi Midha, Advocate with Mr.Siddhartha Nagpal, Advocate for R-2 Ms.Zubeda Begum, Advocate for Pension Trust/R-3 LPA8122014 BSES YAMUNA POWER LTD ..... Appellant Represented by: Mr.Sandeep Sethi, Sr. Advocate instructed by Mr.Anupam Varma, Mr. Nikhil Sharma & Mr. Rahul Kinra, Advocates versus DELHI STATE ELECTRICITY WORKERS UNION & ORS ..... Respondents Represented by: Mr.Vedanta Verma, Advocate for R-1 Ms.Meenakshi Midha, Advocate with Mr.Siddhartha Nagpal, Advocate for R-2 Ms.Zubeda Begum, Advocate for Pension Trust/R-3 LPA8132014 BSES RAJDHANI POWER...


Jan 27 2015

M/S Sai Soft Securities Ltd Vs. Manju Ahluwalia

Court: Delhi

Decided on: Jan-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on January 14, 2015 Judgment delivered on January 27, 2015 + O.M.P. 69/2015 M/S SAI SOFT SECURITIES LTD Through: .... Petitioner Dr.Anurag Kumar Agarwal, Advocate with Mr.Umesh Mishra and Mr.Varun Sharma, Advocates versus MANJU AHLUWALIA Through: + .... Respondent Respondent in person O.M.P. 70/2015 M/S SAI SOFT SECURITIES LTD ..... Petitioner Through: Dr.Anurag Kumar Agarwal, Advocate with Mr.Umesh Mishra and Mr.Varun Sharma, Advocates versus MANJIT AHLUWALIA ..... Respondent Through: Respondent in person CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. As these two petitions, under Section 34 of the Arbitration & Conciliation Act, 1996 (Act for short), involve identical issues with more or less identical facts, they are being decided by this common order. Facts 2. It was the case of the respondents that in order to carry out their investments opened trading accounts with National Stock Exchange (NSE) through th...


Jan 27 2015

Sikaria Mega Food Park(P) Ltd Vs. Union of India

Court: Delhi

Decided on: Jan-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on January 20, 2015 Judgment delivered on January 27, 2015 + O.M.P. 89/2015 SIKARIA MEGA FOOD PARK(P) LTD Through: ..... Petitioner Mr.Sandeep Sethi, Sr. Advocate with Mr.C.Mukund and Mr.Pankaj Jain, Advocates versus UNION OF INDIA Through: ..... Respondent Mr.Ruchir Mishra, Advocate with Mr.Mukesh Kr. Tiwari, Advocate CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. In this petition filed under Section 9 of the Arbitration & Conciliation Act, 1996 (Act in short), the following reliefs are sought:(a) Pass interim orders restraining the respondent from, in any manner, acting in furtherance to Preliminary Notice, bearing F. No.6-MFPI/11-Mega FP, dated 13.11.2014. (b) Pass interim orders restraining the respondent from, in any manner, terminating the agreement, accorded vide Final Approval by respondent, bearing No.06-MFPI/11Mega FP, dated 30.11.2011, and/or under Article 7 of Memorandum of Agreement dated 24.02.201...


Jan 27 2015

Bses Yamuna Power Ltd. Vs. Delhi State Electricity Workers Union and O ...

Court: Delhi

Decided on: Jan-27-2015

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : January 08, 2015 Judgment Pronounced on : January 27, 2015 + LPA8112014 TATA POWER DELHI DISTRIBUTION LTD ..... Appellant Represented by: Mr.A.S.Chandhiok, Sr. Advocate instructed by Mr.Anupam Varma, Mr. Nikhil Sharma & Mr. Rahul Kinra, Advocates versus DELHI STATE ELECTRICITY WORKERS UNION & ORS ..... Respondents Represented by: Mr.Vedanta Verma, Advocate for R-1 Ms.Meenakshi Midha, Advocate with Mr.Siddhartha Nagpal, Advocate for R-2 Ms.Zubeda Begum, Advocate for Pension Trust/R-3 LPA8122014 BSES YAMUNA POWER LTD ..... Appellant Represented by: Mr.Sandeep Sethi, Sr. Advocate instructed by Mr.Anupam Varma, Mr. Nikhil Sharma & Mr. Rahul Kinra, Advocates versus DELHI STATE ELECTRICITY WORKERS UNION & ORS ..... Respondents Represented by: Mr.Vedanta Verma, Advocate for R-1 Ms.Meenakshi Midha, Advocate with Mr.Siddhartha Nagpal, Advocate for R-2 Ms.Zubeda Begum, Advocate for Pension Trust/R-3 LPA8132014 BSES RAJDHANI POWER...


Jan 27 2015

Sudesh Kumar Julka Vs. Hotel Corporation of India

Court: Delhi

Decided on: Jan-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : January 21, 2015 Judgment Pronounced on : January 27, 2015 + LPA6992012 SUDESH KUMAR JULKA Represented by: .....Appellant Mr.Atul T.N., Advocate versus HOTEL CORPORATION OF INDIA ..... Respondent Represented by: Ms.Tanu Priya Gupta, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS.JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. During the pendency of an industrial dispute between the management of the respondent and the workmen of Hotel Corporation of India, a charge sheet was issued against the appellant on January 13, 1986 alleging that a raid was conducted at counter No.4 on November 01, 1985 during which certain cuttings, over-writings and additions were noted on Ex.MW-1/5 maintained by the appellant and that there was an embezzlement in sum of `116/-. The appellant denied the charge. An Inquiry Officer was appointed who submitted a report indicting the appellant resulting in the respondent passing an ...


Jan 27 2015

Maharaja Agrasen Model School Vs. Workmen Through: Vyapar Tatha Udhyog ...

Court: Delhi

Decided on: Jan-27-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: January 27, 2015 + W.P.(C) No.3164/2012 MAHARAJA AGRASEN MODEL SCHOOL ..... Petitioner Represented by: Ms. Shobha and Mr. Raghav, Advocates. Versus WORKMEN THROUGH: VYAPAR TATHA UDHYOG KARAMCHARI SANGH ..... Respondent Represented by: Mr. Suryakant Singla and Mr. Shanto Mukherjee, Advocates. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. The present petition is directed against the award dated 01.10.2011, whereby the respondents/workmen were held entitled to get wages as per the recommendations of the 6th Pay Commission from the date of granting the same to other similar employees of the petitioner School.2. Briefly stated, the respondents/workmen raised an industrial dispute mainly on the ground that the petitioner School was found to be discriminating the similar Group D employees on the basis of wages given to them. Some of the employees of the School were given wages as per their necessities of life, bu...


Jan 27 2015

Shalav Rastogi Vs. Union of India and Ors.

Court: Delhi

Decided on: Jan-27-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:27. h January,2015 % + W.P.(C) 5744/2014 SHALAV RASTOGI Represented by: ..... Petitioner Mr.Amit Sibbal, Senior Advocate with Mr.Attin Shankar Rastogi, Mr. Shiv Kant Arora and Mr. Prateek Yadav, Advocates. Versus UNION OF INDIA & ORS. Represented by: ..... Respondents Dr. Ashwani Bhardwaj, Advocate for R-1 & 7. Mr. Jagjit Singh, Mr. S. Bajpai and Ms.Nisha, Advocates and Mr. Jasmeet Singh, CGSC for Respondent/UOI. Mr. V.K. Tandon and Mr. Rakesh Mittal, Advocates for Respondents No.2 to 4 and 8. Mr. Saqib, Advocate for Respondent No.6. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Vide the present petition, petitioner seeks directions thereby directing the respondents to forthwith release the property bearing No.R-97, Ansari Road, Daryaganj, Delhi, from requisition and handover the peaceful and vacant possession of the said property to the petitioner.2. Further seeks directions thereby directing for appointment...


Jan 27 2015

B.N. Magon Vs. South Delhi Municipal Corporation

Court: Delhi

Decided on: Jan-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 60/2014 & CM APPL. 97/2014 B.N. MAGON ..... Petitioner Through: Mr. Sunil Magon, Advocate versus SOUTH DELHI MUNICIPAL CORPORATION..... Respondent Through: Ms. Madhu Tewatia, Advocate Mr. B.B. Jain, Advocate Amicus Curiae Reserved on :24. h December, 2014 Date of Decision :27. h January, 2015 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:1. The issue that arises for consideration in the present proceedings is whether a portion of the residential building being used as a lawyers office in accordance with the parameters specified in the Master Plan for Delhi 2021 (for short MPD2021??) falls within the ambit and scope of a business building as defined in Bye-law 9(b) of the Delhi Municipal Corporation (Property Taxes) Bye-Laws, 2004 (for short Bye-Laws, 2004) for the purpose of levy of property tax under the unit area method introduced by Delhi Municipal Corporation (Amendment) Act, 2003. FACTS2 The admitted facts are that t...


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