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Delhi Court March 2015 Judgments

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Mar 26 2015

M/S Opaque Infrastructure Pvt Ltd Vs. Union of India and Anr.

Court: Delhi

Decided on: Mar-26-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:2. d March, 2015 Judgment Delivered on:26. h March, 2015 % + WP(C) 1344/2015 and CM Nos. 2358/2015 & 2907/2015 M/S OPAQUE INFRASTRUCTURE PVT LTD ...Petitioner versus UNION OF INDIA & ANR. ....Respondents Advocates who appeared in this case: For the Appellants: Mr C. Mukund and Mr Abilash Attri, Advocates For the Respondent: Mr Sanjeev Narula and Mr Ravindra Gill, Advocates for R-1 Mr M.M.Kalra with Mr Kunal Kalra, Adv for R-2. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.1. The petitioner has filed the present petition seeking a writ in the nature of mandamus directing the respondent to accept the National Small Industries Corporation (NSIC) certificate submitted by the Petitioner in furtherance of the tender as valid and eligible for exemption from payment of earnest money and for further directing the respondent to open the price bid of the petitioner. ========...


Mar 26 2015

Siya Ram Vs. State

Court: Delhi

Decided on: Mar-26-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :23. d MARCH, 2015 DECIDED ON :26. h MARCH, 2015 + CRL.A. 116/2005 SIYA RAM Through : ..... Appellant Mr.Manindra Dubey, Advocate. versus STATE Through : ..... Respondent Ms.Kusum Dhalla, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Challenge in this appeal is to a judgment dated 04.09.2004 of learned Addl. Sessions Judge in Sessions Case No.56/2001 arising out of FIR No.86/1989 PS S.P.Badli, by which he was held guilty for committing offence punishable under Section 376 IPC. By an order dated 08.09.2004, he was awarded RI for ten years with fine ` 5,000/-.2. Briefly stated, the prosecution case as set up in the charge- sheet was that on 26.11.1989 at about 01.00 P.M., the appellant committed rape upon X (assumed name) aged about nine years in the tenanted premises in his occupation in village Siraspur. The police machinery swung into action when information was conveyed from Hindu Rao Hospital vide Daily Diary (DD) No.17...


Mar 26 2015

N.S.Mittal and Another Vs. M/S. Ericsson India Private Limited

Court: Delhi

Decided on: Mar-26-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: March 26, 2015 + OMP No.641/2012 N.S.MITTAL AND ANOTHER Through: ..... Petitioner Mr.Vishwa Bhushan Arya, Advocate versus M/S. ERICSSON INDIA PRIVATE LIMITED Through: ..... Respondent Mr.Anil Kr. Kher, Sr. Advocate with Mr.Kunal Kher, Advocate CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.(Oral) 1. The challenge in this petition is to the award dated February 29, 2012 (initial award being November 11, 2011) passed by the learned Arbitrator, whereby the claim of the respondent for refund of security was allowed with interest and counter claims of the petitioners were rejected.2. Brief facts are, the respondent had taken on rent property No.E- 8A, Hauz Khas, Main Market, New Delhi-16 from one Mr. Raj Singh Gehlot and Mrs.Sheela Gehlot. Mr. Raj Singh Gehlot and Mrs. Sheela Gehlot sold the property to 18 purchasers and the tenancy rights were transferred in favour of the purchasers, which included the petitioners her...


Mar 26 2015

Hem Chand Sharma and Anr Vs. M/S Innovative Textiles Ltd and Anr.

Court: Delhi

Decided on: Mar-26-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:17. h March, 2015 Judgment Delivered on:26. h March, 2015 % + FAO(OS) 32/2015 HEM CHAND SHARMA & ANR .....Appellants versus M/S INNOVATIVE TEXTILES LTD AND ANR. ....Respondents Advocates who appeared in this case: For the Petitioner: Mr Sanjay Katyal, Advocate For the Respondents: Mr Kirti Uppal, Sr Advocate with Salar M Khan, Advocates CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J1 The appellants have filed the present appeal impugning the judgment dated 15.10.2014 whereby the application filed by the appellants under Order 7 Rule 10 & 11 of the Code of Civil Procedure seeking return/rejection of the plaint has been dismissed.2. The respondents have filed a suit against the appellants for recovery of a sum of Rs. 2,20,50,000/-. As per the =============================================================== respondents/plaintiffs, in terms of an Agreement to Sell dated...


Mar 26 2015

Canara Bank Vs. Bharat Sanchar Nigam Ltd. and Anr

Court: Delhi

Decided on: Mar-26-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI OMP1692013 Reserved on: March 3, 2015 Decision on: March 26, 2015 Petitioner CANARA BANK Through: Mr. Pradeep Dewan, Senior Advocate with Ms. Anupam Dhingra, Advocate. versus BHARAT SANCHAR NIGAM LTD. & ANR. ..... Respondents Through: Mr. Chandan Kumar with Mr. Shankar Kumar Jha, Advocates for R-1. Mr. C.S. Gupta, Advocate for R-2. CORAM: JUSTICE S. MURALIDHAR JUDGMENT2603.2015 1. The Petitioner Canara Bank challenges an Award dated 22nd November 2012 passed by the sole Arbitrator in the disputes between it and Bharat Sanchar Nigam Ltd. (BSNL), Respondent No.1. Renewable Energy Systems Ltd. (RESL), Respondent No 2 was also party to the arbitration proceedings as co-claimant. Background facts 2. The background to the present petition is that Canara Bank financed the manufacture of 9070 Solar Power Generating Systems (SPGS) by RESL and supplied to BSNL in terms of a tripartite Master Lease Agreement (MLA) dated 19th February 1998.3. Under the MLA,...


Mar 26 2015

N Bhardwaja Vs. Union of India and Ors

Court: Delhi

Decided on: Mar-26-2015

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : March 26, 2015 + W.P.(C) 6796/2013 N BHARDWAJA Represented by: ..... Petitioner Mr.Gautam Narayan, Advocate versus UNION OF INDIA & ORS. Represented by: ..... Respondents Mr.Ripu Daman Bhardwaj, Advocate with Mr.T.P.Singh, Advocate for R-1 & 2. Mr.Naveen R.Nath, Advocate with Mr.Sharvan Sahny, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. A charge memo dated April 14, 1998, concerning an incident took place in December 1993, was issued to the writ petitioner. Four charges, as under, were alleged:ARTICLE-I Shri N.Bhardwaja, Commandant, 2nd Bn CRPF while posted and functioning as Commandant 14 Bn, CRPF Amritsar during 1993 committed a serious misconduct, in that on return from GC II Ajmer after completion of Govt.duty and while availing casual leave from 17.12.93 to 20.12.93 enroute at his residence in Chandigarh ordered on 16.12.93 move of ...


Mar 26 2015

Raj Kumar Vs. State of Delhi

Court: Delhi

Decided on: Mar-26-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:10. 02.2015 Judgment delivered on:26. 03.2015 CRL. APPEAL No.831/2008 RAJ KUMAR ..... Appellant Through: Mr. Dayan Krishnan, Senior Advocate along with Mr. M.L.Yadav, Advocate. versus STATE OF DELHI ..... Respondent Through: Mr. Lovkesh Sawhney, APP for the State. CORAM: HONBLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.1. The present appeal is directed against the judgment dated 18.09.2008 passed in CC No.104/06/01 arising out of FIR No.65/2000 PS AC Branch under Section 7/13 of the Prevention of Corruption Act (P.C. Act) titled, State Vs. Raj Kumar, whereby the appellant was convicted of the offence punishable under Section 7 & 13(1)(d) read with Section 13(2) P.C. Act, and against the order on sentence dated 22.09.2008, whereby the appellant was sentenced to undergo rigorous imprisonment for one year with fine of Rs.4,000/- and on failure to pay the same, to undergo simple imprisonment for four months for the ...


Mar 26 2015

Arvinder Singh and Anr. Vs. Lal Pathlabs Pvt. Ltd. and Ors.

Court: Delhi

Decided on: Mar-26-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: March 10, 2015 Judgment Delivered on: March 26, 2015 % + FAO (OS) 473/2014 & CM No.20860/2014 ARVINDER SINGH AND ANR ..... Appellants Represented by: Mr.Krishnendu Datta, Mr.Sanyat Lodha and Mr.Rahul Malhotra, Advocates versus LAL PATHLABS PVT LTD AND ORS ..... Respondents Represented by: Mr.Sanjeev Sharma, Advocate with Mr.Angad Kochhar and Mr.Abhishek Shivpuri, Advocates for R-1 and R-2 Mr.Jayant K.Mehta, Advocate with Mr.Kapil Rustagi and Ms.Madhavi Khare, Advocates for R-3 CORAM: HON'BLE MR. JUSTICE PARDEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PARDEEP NANDRAJOG, J.1. The appellants : Dr.Arvinder Singh and Dr.Rajendra Kachhawa are residents of the city of Udaipur in the State of Rajasthan. Whereas the former has a degree in Medicine (Pathology), the latter has a degree in Radiology. Both of them belong to the medical profession and are registered with the respective body, without being registered with which, they...


Mar 26 2015

M/S Modelama Exports Ltd. Vs. Rashid Khan

Court: Delhi

Decided on: Mar-26-2015

$~33, 30, 31 & 32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 26, 2015 + (i) CRL.M.C. 3410/2014 M/S MODELAMA EXPORTS LTD ..... Petitioner Through: Mr. Rajat Wadhwa, Mr. Amritansh Batheja, Mr. Milan Malhotra and Mr. Kunal, Advocates versus TRIMURTI EXPORTS & ORS .....Respondent Through: Mr. Virender Goswami, Ms. Soni Singh, Ms. Swati Goswami and Mr. Shubham Agarwal, Advocates + (ii) CRL.M.C. 3380/2014 M/S MODELAMA EXPORTS LTD ..... Petitioner Through: Mr. Rajat Wadhwa, Mr. Amritansh Batheja, Mr. Milan Malhotra and Mr. Kunal, Advocates versus BALCHANDRA S BAKHLE ..... Respondent Through: Mr. Virender Goswami, Ms. Soni Singh, Ms. Swati Goswami and Mr. Shubham Agarwal, Advocates + (iii) CRL.M.C. 3388/2014 M/S MODELAMA EXPORTS LTD CRL.M.C. 3380, 3388, 3409 & 3410 of 2014 ..... Petitioner Page 1 Through: Mr. Rajat Wadhwa, Mr. Amritansh Batheja, Mr. Milan Malhotra and Mr. Kunal, Advocates versus DEVENDRA N KAMAT Through: + (iv) ..... Respondent Mr. Virender Goswami, Ms. ...


Mar 26 2015

Devendra N Kamat Vs. Modelama Exports Ltd

Court: Delhi

Decided on: Mar-26-2015

$~35, 34 & 36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 26, 2015 + (i) CRL.M.C. 4110/2014 & Crl.M.As.14017/14, 14545/14 BALCHANDRA S BAKHLE ..... Petitioner Through: Mr. Dayan Krishnan, Senior Advocate, with Mr. Virender Goswami, Ms. Soni Singh, Ms. Swati Goswami & Mr. Shubham Aggarwal, Advocates versus MODELAMA EXPORTS LTD ..... Respondent Through: Mr. Rajat Wadhwa & Mr. Amritansh Batheja, Advocates + (ii) CRL.M.C. 4109/2014 & Crl.M.As.14015/14, 14543/14 DEVENDRA N KAMAT Through: ..... Petitioner Mr. Virender Goswami, Ms. Soni Singh, Ms. Swati Goswami & Mr. Shubham Aggarwal, Advocates versus MODELAMA EXPORTS LTD ..... Respondent Through: Mr. Rajat Wadhwa & Mr. Amritansh Batheja, Advocates + (iii) CRL.M.C. 4111/2014 & Crl.M.As.14109/14, 14544/14 RASHID KHAN Through: CRL.M.Cs. 4109-11/2014 ..... Petitioner Mr. Virender Goswami, Ms. Soni Singh, Ms. Swati Goswami & Mr. Shubham Aggarwal, Advocates Page 1 versus MODELAMA EXPORTS LTD ..... Respondent Through: Mr. Raja...


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