Delhi Court January 2015 Judgments
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Imran Ali Vs. Union of India and Anr
Court: Delhi
Decided on: Jan-14-2015
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5745/2014 IMRAN ALI ..... Petitioner Through: Mr. Mohit Chaudhary, Ms. Damini Chawla, Advs. with Petitioner in person. Versus UNION OF INDIA & ANR ..... Respondents Through: Mr. Sanjay Jain, ASG with Mr. Anil Soni, Ms. Saakshi Agrawal and Mr. Noor Anand, Advs. for UOI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER % 14.01.2015 1. This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL) by an Advocate impleading, (i) Union of India (UOI) through the Principal Secretary, Department of Legal Affairs; and, (ii) the Speaker of Lok Sabha only as the respondents thereto, seeks issuance of (a) a writ of mandamus commanding the respondents to follow mandate of law by recognizing Leader of Opposition in the 16th Lok Sabha; and, (b) a writ of certiorari quashing the directives issued by the Speaker putting rider in nature of caveat in Section 2 of the Salary and...
Mrs. Chanderma Vs. Balinder Singh and Ors.
Court: Delhi
Decided on: Jan-14-2015
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h January, 2015 + MAC.APP.912/2012 MRS. CHANDERMA Through: ..... Appellant Mr. Manish Maini, Adv. versus BALINDER SINGH & ORS. Through: ..... Respondents Ms. Suman Bagga, Adv. with Mr. Pankaj Gupta, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. By way of this appeal, the Appellant seeks enhancement of compensation of Rs.7,90,978/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) to the Appellant for having suffered injuries in a motor vehicular accident which occurred on 20.11.2010 at 10:30 a.m.2. On appreciation of evidence, the Claims Tribunal found that the accident occurred due to rash and negligent driving of bus bearing registration no.DL-1PB-6534 by Respondent no.1 Balinder Singh. Immediately after the accident, the Appellant was removed to Dr. Ram Manohar Lohia Hospital (RML). There were crush injuries on left hand and the left hand (palm and fingers) had to be...
Oriental Insuracne Company Ltd. Vs. Timal and Ors.
Court: Delhi
Decided on: Jan-14-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h January, 2015 + MAC.APP. 214/2013 ORIENTAL INSURACNE COMPANY LTD. ...... Appellant Through: Mr. A.K. Soni, Adv. for Mr. Pradeep Gaur, Adv. versus TIMAL & ORS. Through: ..... Respondents Mr. Dinesh Kumar, Adv. for R-1 & R-2. Mr. Kumar Sameer proxy counsel for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. The appeal is for reduction of compensation of Rs.5,38,560/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Sanjay, who died in a motor vehicular accident which occurred on 16.01.2008 at about 8:00 a.m.2. The factum of negligence is not challenged by the Appellant Insurance Company. The same is otherwise sufficiently established from the testimony of PW-2 Arjun, who was an eye witness of the incident.3. Twin contentions are raised on behalf of the Appellant. It is urged that the multiplier ought to have been taken as per the age of the mother of the deceased and ...
Shri Ram Pratap Goel Vs. M/S Manu Enterprises and Ors
Court: Delhi
Decided on: Jan-14-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:09. 01.2015 Judgment delivered on :14.01.2015 CS(OS) 149/2009 SHRI RAM PRATAP GOEL Through ..... Plaintiff Mr.A.K.Jain, Advocate. versus M/S MANU ENTERPRISES & ORS Through ..... Defendants Mr.R.S.Kansotia, Advocate. Mr.S.P.Singh Choudhary and Mr.Uddav Pratap, Advocate for Objectors. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 The present suit is a suit for recovery of Rs.23,50,462.17 of which Rs.18,22,492/- is the principle figure and the balance amount is interest calculated @ 24% per annum. 2 The plaintiff Ram Pratap Goel is the sole proprietor of M/s Rajit Textiles, E-16/607, located Near Water Tank, Main Tank Road, Karol Bagh, New Delhi. He had business dealings with the deceased Manoj Kumar @ Manu who was the sole proprietor of M/s Manu Brothers and carrying on business under the said name from 6393, Street No.3, Block No.7, Dev Nagar, Karol Bagh, New Delhi. 3 Plaintiff was supplying clothes for f...
Kusum Sharma Vs. Mahinder Kumar Sharma
Court: Delhi
Decided on: Jan-14-2015
PRAJAPATI SATYA DEV * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h January, 2015 + % FAO3691996 KUSUM SHARMA Through : ..... Appellant Mr. Rajiv Saxena, Advocate Mr. Sunil Mittal, Amicus curiae versus MAHINDER KUMAR SHARMA Through : None. ..... Respondent WITH FAO2971997, MAT.APP. 47/2005, MAT.APP. 64/2007, MAT.APP. 33/2010, MAT.APP. 35/2010, MAT.APP. 124/2010 MAT.APP. 36/2012 & MAT.APP. 8/2013 Present: Ms. Vandana Khurana, Advocate for the appellant in FAO2971997 Mr. Devesh Pratap Singh, Advocate for the appellant in MAT472005 Ms. Anu Narula, Amicus Curiae in MAT APP. 47/2005 Ms. Anu Narula and Mr. Kunal Aurora, Advocates for the appellant in MAT APP. 64/2005 Mr. Ashwani Kumar Sood, Advocate for the appellant in MAT. APP332010 Mr. Rajiv Bakshi, Advocate for the appellant in MAT. APP352010 Mr. Hasan Kumar with Mr. Osama Suhail & Mr. Samama Suhail, Advocates for the appellant in MAT. APP1242010 Dr. L.S. Chaudhary, Mr. Ajay Chaudhary, Ms. Pratibha & Ms. Ritu, Advocates ...
State Vs. Sudesh Gulati and Ors.
Court: Delhi
Decided on: Jan-14-2015
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. L. P2282012 Date of decision :14th January, 2015 % STATE ..... Petitioner Through : Mr. Mukesh Gupta, ASC for State with Inspector Rajesh Sharma, PS Prashant Vihar. Versus SUDESH GULATI & ORS. Through : ..... Respondents Mr. Suraj Prakash, Advocate CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT (ORAL) CRL. M. A. 5472/2012 1. In the present Criminal Application, the appellant seeks condonation of 121 days delay in filing the present leave to appeal.2. Heard.3. For the reasons stated in the application, the application is allowed. Delay in filing the present leave to appeal is condoned.4. Application stands disposed of. CRL. M. A. 2060/2014 5. This is an application seeking condonation of 7 days delay in filing the reply to the present leave to appeal.6. Heard. For the reasons stated in the application, the application is allowed. Delay in filing the reply to the present leave to appeal is co...
Shri M.P. Goenka Vs. Commissioner of Customs (Preventive)
Court: Delhi
Decided on: Jan-14-2015
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :14. 01.2015 + CUS.A.A.1/2015, C.M. NOS.687-688/2015 SHRI M.P. GOENKA .Appellant Through: Sh. Prakash Gautam, Advocate. versus COMMISSIONER OF CUSTOMS (PREVENTIVE) Respondent Through: Sh. Kamal Nijhawan, Sr. Standing Counsel with Sh. Sumit Gaur, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. This is an appeal under Section 130 of Customs Act, 1962 against the final order dated 15.09.2014, rejecting Customs Appeal No.C/147 & 195/2009-CU(DB) passed by the Central Excise and Service Tax Appellate Tribunal (CESTAT), New Delhi, whereby the penalty imposed by the Commissioner of Customs (Preventive), was affirmed.2. The appellant is an authorized representative of a sole proprietary concern, viz. Adiya Trading Company. He conducts the business of that firm, i.e. cotton and polyester fabric procurement, CUS.A.A.1/2015 Page 1 from traders in Mumbai as w...
O P Saini and Ors. Vs. Kailash Sharma and Ors.
Court: Delhi
Decided on: Jan-14-2015
$~9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14.01.2015 CS(OS) 1850/2012 O P SAINI & ORS. ..... Plaintiffs Through: Mr. S. M. Tripathi, Advocate versus KAILASH SHARMA & ORS. ..... Defendants Through: Ms. Urvashi Singh, Adv. for D-1 &2 Mr. Rishabh Mehta, Adv. for D-4 CORAM:HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) IA No.16207/2012 1. This is an application filed by defendant No.1 under Order 39 Rule 4 CPC for seeking vacation of the interim order dated 04.07.2012. On 04.07.2012, this Court had restrained defendant No.1, servants, assignees etc from demolishing the suit property or creating any third party right or transferring the possession in favour of any third person till further orders. The suit property herein is E-111, Jeevan Nagar, (Bhagwan Nagar), Ashram, New Delhi.2. Learned counsel appearing for defendant No.1 submits that the said interim order which has been passed by this Court on 04.07.2012 has been passed on account of suppression of mater...
Vishal Maharaj Vs. Hindu College and Ors.
Court: Delhi
Decided on: Jan-13-2015
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:13. 01.2015 W.P.(C) 4668/2014 & CM No.9316/2014 VISHAL MAHARAJ ..... Petitioner versus HINDU COLLEGE & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Aditya Kr. Choudhay and Mr Upinder S. Dhindsa. For the Respondents : Mr Anurag Mathur for R-1/Hindu College. Mr Saurabh Banerjee and Mr Sumit Nagpal for DU. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner has filed the present petition impugning respondent no.1s decision not to admit any student to respondent no.1 (hereafter Hindu College) against the quota for Extra Curricular Activity (hereafter ECA).2. Hindu College is a well known institution affiliated to the University of Delhi. The petitioner being a student desirous of studying in Hindu College, applied for admission to an undergraduate course for the academic session 2014-15. The petitioner claims to be a proficient Drummer and had applied for admissio...
M/S Shahirealtech Private Limited Vs. M/S Celebration City Projects P. ...
Court: Delhi
Decided on: Jan-13-2015
IN THE HIGH COURT OF DELHI AT NEW DELHI Order reserved on:17. h November, 2014 Order pronounced on:13. h January, 2015 Co. Pet. 148/2014 M/S SHAHIREALTECH PRIVATE LIMITED ....PETITIONER Through: Mr. Balbir Singh, Advocate Versus M/S CELEBRATION CITY PROJECTS P. LTD....RESPONDENT Through: Mr. Sacchin Puri and Ms. Hrishika Pandit, Advocates CORAM: HONBLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.1. The present petition has been filed by the Petitioner seeking winding up of the Respondent for the alleged failure to pay a sum of Rs. 17,26,41,591/.2. As per the Petitioner, the Respondent entered into a Joint Development Agreement (JDA) with the Petitioner for development of a Shopping Mall cum Multiplex. On the same day, in order to implement the JDA, a Collaboration Agreement was entered into between the parties for joint development of the project. ======================================================================== 3. The contention of the Petitioner is that as per the agreeme...
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