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Delhi Court May 2015 Judgments

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May 25 2015

Pankaj Butalia Vs. Central Board of Film Certification and Ors.

Court: Delhi

Decided on: May-25-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:10. 04.2015 Judgment delivered on:25. 05.2015 + WP(C) 675/2015 PANKAJ BUTALIA ..... Petitioner Versus CENTRAL BOARD OF FILM CERTIFICATION & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner: Mr Colin Gonsalves, Sr. Advocate with Ms Fatima Quraishi & Mr Kamlesh K. Mishra, Advocates For the Respondents: Mr Gaurav Sarin, Ms Shraddha Bhargava, Ms Veera Angrish & Mr Ajitesh K. Kir, Advocates. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER,J PREFATORY FACTS1 The issues which this writ petition throws up, reminds me of what Voltaire said ages ago I do not agree with what you have to say, but Ill defend to the death your right to say it. 1.1 The writ petition has been filed to assert the constitutional right of freedom of speech and expression of a documentarian and his ilk, conferred under Article 19(1)(a) of the Constitution. The petitioner is the producer of the film, who is aggrieved by ...


May 25 2015

United Insurance Co.Ltd. Vs. Manish Kumar Gupta

Court: Delhi

Decided on: May-25-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + REVIEW PET.558/2014 & I.A.No.25459/2014 in O.M.P.1127/2013 Judgment reserved on:01. 05.2015 Judgement pronounced on:25. 05.2015 UNITED INSURANCE CO.LTD. ..... Petitioner/Review petitioner Through: Mr.S.K.Ray and Mr.Amitava Poddar, Advocates versus MANISH KUMAR GUPTA Through: ..... Respondent Mr.Sanjeev Singh, Advocate CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 This Review Petition has been filed by the petitioner for review of the order of this court dated 10th September, 2014 in OMP No.1127/2013.2. It is a matter of record that against the order of this court dated 10th September, 2014, the applicant/petitioner had moved an appeal with FAO (OS) 461/2014 listed before the Division Bench of this Court.3. The petitioner withdrew the said appeal reserving its right to file an appropriate application before this court. While disposing of the said appeal, the Division Bench of this court has passed the following order on 10.11.2014:1. OMP N...


May 25 2015

M/S Packbill Enterprises Vs. Dinesh Kumar Mishra @ Pappu

Court: Delhi

Decided on: May-25-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4895/2015 & C.M.No.8862/2015 (for stay) Judgment reserved on:19. 05.2015 % Judgment pronounced on:25. 05.2015 M/S PACKBILL ENTERPRISES ..... Petitioner Through: Mr. Amarjit Singh Sahni, Advocate along with the petitioner versus DINESH KUMAR MISHRA @ PAPPU Through: Nemo. ..... Respondent CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 Vide the present writ petition the petitioner has challenged the award dated 01.07.2014 passed by the authority under Section 21 of the Delhi Shops and Establishment Act, 1954 (hereinafter referred to as the Act) whereby directions have been issued to the petitioner to deposit a sum of Rs.52,000/- along with compensation of Rs.100/- which amount was towards the unpaid earned wages of claimant Dinesh Kumar Mishra @ Pappu. The contention of the petitioner is that it was an ex-parte award; that signatures of its manager Mr.Sandeep were manipulated on the summon dated 10.04.2013; that the petitioner was not...


May 25 2015

Kishan Mal Mohnot (Since Deceased) Represent Vs. Union of India and Or ...

Court: Delhi

Decided on: May-25-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.5147/2015 25th May, 2015 % KISHAN MAL MOHNOT (SINCE DECEASED) REPRESENTED BY HIS SON/LR DR. J.K. MOHNOT Through: ..... Petitioner Mr. R.Sathish and Mr. Mohand Das K.K. Advocates. versus UNION OF INDIA & ORS. Through: ..... Respondents Mr. Dev P.Bhardwaj, Adv. for R-1. Mr. Punit K. Bhalla and Ms. Isha Abrol, Advs. for R-2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed under Article 226 of the Constitution of India by one Dr. J.K. Mohnot, son of the deceased Sh. Kishan Mal Mohnot. Deceased Sh. Kishan Mal Mohnot was an employee of the Bank of Rajasthan Limited. The deceased employee Sh. Kishan Mal Mohonot retired from the services of the Bank of Rajasthan Limited way back on 31.7.1990. The issue in this writ petition filed in the year 2015 is the claim with respect to denial of pension option to the deceased employee Sh. Kishan Mal Mohnot.2. P...


May 25 2015

Shri Vijay Kumar Narang Vs. Union Bank of India and Ors

Court: Delhi

Decided on: May-25-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.5206/2002 25th May, 2015 % SHRI VIJAY KUMAR NARANG Through: ..... Petitioner Mr. B.K.Pal and Mr. K.K.Arora, Advocates. versus UNION BANK OF INDIA & ORS Through: ..... Respondents Mr. O.P.Gaggar, Advocate CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition filed under Article 226 of the Constitution of India, petitioner, who was an employee of the respondent no.1/Union Bank of India, questions the orders passed by the respondent no.1/Bank dated 20.1.1999, 23.4.1999 and 27.3.2001 whereby it has been held that the petitioners services with the respondent no.1/Bank have come to an end on account of abandonment of services by the petitioner. These orders of the respondent no.1/Bank read as under:- ORDER DATED201.1999 UNION BANK OF INDIA REGION OFFICE Shaheed Bhagat Singh Place Bangla Sahib Marg, New Delhi-1 RO:DEL:STF:321/99 January 20, 1999 (Regd.A/d) ...


May 25 2015

Food Corporation of India Vs. Indian Council of Arbitration and Anr

Court: Delhi

Decided on: May-25-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: May 15, 2015 Pronounced on: May 25, 2015 + CM(M) 359/2009, C.M. No.7591/2015 and 7525/2015 FOOD CORPORATION OF INDIA ..... Petitioner Through: Appearance not given. versus INDIAN COUNCIL OF ARBITRATION & ANR. ..... Respondents Through: Mr. Yakesh Anand and Mr. Nimit Mathur, Advs. for R-1 and 2. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE R.K. GAUBA % 1. This Civil Miscellaneous (Main) petition under Article 227 of the Constitution of India seeking direction to the first respondent (Indian Council of Arbitration) to conduct the arbitration proceedings on the basis of schedule of fee as in force at the time of registration of arbitration case (in 2003) was dismissed by a learned Single Judge by order dated 17.07.2014 holding that the issue raised herein cannot be decided in such jurisdiction. The order of the learned Single Judge was, however, set aside by the Supreme Court by order dated 02....


May 25 2015

Bishnupriya College of Education and Anr Vs. National Council for Teac ...

Court: Delhi

Decided on: May-25-2015

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 05.2015 W.P.(C) 1591/2015 & CM28402015 BISHNUPRIYA COLLEGE OF EDUCATION & ANR ..... Petitioners versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Vikash Singh, Sr. Advocate with Mr Amitesh Kumar. For the Respondents : Mr Arjun Harkauli, Advocate with Mr Satyawan Shekhawat. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioners have filed the present petition, inter alia, praying that the respondents be directed to dispatch the formal order granting recognition to petitioner institute to commence B.Ed. course for academic session 2014-15.2. According to the petitioners, the respondents had granted recognition to the petitioner institute under clause 7(11) of the National Council of Teacher Education (Recognition, Norms and Procedure) Regulations, 2009 (hereafter referred to as 2009 Regulations). Although the decision ...


May 25 2015

Gourav Joshiya Vs. Guru Gobind Singh Indraprastha University and Anr.

Court: Delhi

Decided on: May-25-2015

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 05.2015 W.P.(C) 3185/2015 & CM56822015 GOURAV JOSHIYA ..... Petitioner versus GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY & ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr M. Rais Farooqui. For the Respondents : Mr Sradhananda Mohapatra for University. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, impugning an order dated 17.11.2014 passed by the Mercy Committee of respondent no.1 (hereinafter referred as the University) whereby the petitioners request for a mercy attempt to clear the papers had been denied and the petitioners admission to the course of Bachelor of Technology (Mechanical and Automation Engineering), hereafter referred to as B.Tech (MAE), was shown as cancelled. The petitioner further prays that he be permitted to reappear for May-June 2015 end term semester/annual examination.2. Whilst the petit...


May 25 2015

Kulwant Singh Vs. Manoj Wadhwa and Ors

Court: Delhi

Decided on: May-25-2015

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 84/2015 Decided on:25. h May, 2015 % KULWANT SINGH Through: ..... Petitioner Ms. Anusuya Salwan and Ms. Renuka Arora, Advocates. versus MANOJ WADHWA & ORS Through: None. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA ..... Respondents MUKTA GUPTA, J (ORAL) CM No.9938/2015 (Exemption) Allowed, subject to all just exceptions. C.R.P. 84/2015 and CM No.9936/2015 (Stay) and 9937/2015 (Exemption from filing TCR) 1. Aggrieved by the judgment dated 26 th March, 2015, dismissing the suit of the Petitioner under Section 6 of the Specific Relief Act, 1963 (in short the Act), the Petitioner Kulwant Singh prefers the present petition.2. Learned counsel for the Petitioner contends that in a suit under Section 6 of the Act, the Plaintiff is only required to show that he was in possession of the premises and has been dispossessed without due process of law. The Plaintiff is not required to establish its claim of possession through the title. In the present ...


May 25 2015

Indian Overseas Bank Vs. Mr Rajat Sharma and Ors

Court: Delhi

Decided on: May-25-2015

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO2262013 Date of decision :25. h May, 2015 % INDIAN OVERSEAS BANK ..... Appellant Through: Mr. Karan Khanna, Advocate. versus MR RAJAT SHARMA & ORS .... Respondents Through: Mr. Harish Malhotra Senior Counsel with Mr. A. Maitri Advocate. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant Bank extended loan facility to M/s. Mittal Trading Company and others in the year 1995 against equitable mortgaged property by deposit of title deeds of entire second floor comprising of two residential flats measuring 2900 sq. ft. in property bearing No.A-3/104C, Permanent Estate, Khasra No.1303/240/2/2, Village Kilokari, Maharani Bagh, New Delhi.2. The borrowers failed to repay the loan whereupon the appellant, Indian Overseas Bank, instituted O.A. No.129/2000 against M/s. Mittal Metal Trading Company, which is a proprietorship firm of Suresh Chand Jain & Sons (HUF), comprising of coparceners Suresh Chand Jain, Snehlata Jain, Shar...


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