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Delhi Court May 2015 Judgments

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May 06 2015

M/S Dugar Growth Fund Pvt Ltd Vs. M/S Mahamaya Builders Pvt Ltd and An ...

Court: Delhi

Decided on: May-06-2015

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2078/2013 & IA No.24692/2014 Decided on :06. 05.2015 IN THE MATTER OF: M/S DUGAR GROWTH FUND PVT LTD ..... Plaintiff Through : Mr. Sourabh Prakash, Advocate versus M/S MAHAMAYA BUILDERS PVT LTD & ANR. Through : None. ..... Defendants CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The plaintiff/company has instituted the present summary suit against the defendants, praying inter alia for a decree of Rs.1.60 crores, along with interest @ 12% p.a. w.e.f. 24.7.2009, till the date of instituting the suit, totaling to a sum of Rs.2,40,50,000/-, apart from claiming pendent lite and future interest @12% p.a.2. When the present suit came up for admission on 28.10.2013, learned counsel for the plaintiff had conceded that the liability as regard the pre-suit interest was not contemplated under the agreement between the parties and therefore, he had sought to confine the claim of interest only on the principal cheque amount, w.e....


May 06 2015

Surender Singh Vs. Union of India and Ors

Court: Delhi

Decided on: May-06-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of hearing and Order:06. 05.2015 W.P.(C) 4496/2015 SURENDER SINGH Through: versus UNION OF INDIA & ORS Through: ..... Petitioner Mr.Ankur Chhibber and Ms.Neha Garg, Advocates. ..... Respondents Mr.Bhagwan Swarup Shukla, CGSC with Mr.Ajay Kumar Choudhary, Advocate. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA ORDER KAILASH GAMBHIR, J (ORAL) C.M.No.8134/2015 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of. W.P.(C) 4496/2015 and C.M.No.8133/2015 (stay) 1. By this petition filed under Articles 226/227 of the Constitution, the petitioner seeks to challenge the order dated 12.03.2015 passed by the learned Tribunal in O.A.No.2098/2014, thereby dismissing the O.A. preferred by the petitioner.2. Mr.Ankur Chhibber, counsel representing the petitioner vehemently contends that pursuant to the direction given by this Court vide order dated 10.06.2013 in WP(C) No.3942/2013,...


May 06 2015

M/S Delhi Structures Vs. M/S Gulati Hospitality and Ors

Court: Delhi

Decided on: May-06-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3184/2011 Decided on:06. 05.2015 IN THE MATTER OF: M/S DELHI STRUCTURES ..... Plaintiff Through: Mr. Parveen Kumar Aggarwal, Advocate versus M/S GULATI HOSPITALITY AND ORS ..... Defendants Through: Mr. Anshul Garg and Mr. Abhishek Goyal, Advocates with D-2 in person. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) I.A. 11737/2012 (by the defendant No.1 & 2 u/O XXXVII R3(5) CPC) 1. The present leave to defend application has been filed by the defendants in a summary suit instituted by the plaintiff for recovery of a sum of `54,45,000/-, being the value of three cheques issued in its favour by the defendant No.1, towards payment of construction work with material that was undertaken by it for the defendants.2. As per the averments made in the plaint, the plaintiff/firm is a building contractor and has undertaken a number of projects in and outside Delhi. The defendant No.1 is a private limited company and the defendant No.2 is a...


May 06 2015

Court on Its Own Motion Vs. Union of India Though Ministry of Urban De ...

Court: Delhi

Decided on: May-06-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:6. h May, 2015 + W.P.(C) No.2345/2014 & CM No.5406/2015 (of Amicus Curiae for directions) COURT ON ITS OWN MOTION ..... Petitioner Through: Mr. Nidhesh Gupta, Sr. Adv. (Amicus Curiae) with Mr. Tarun Gupta and Mr. Avijit Mani Tripathi, Advs. Versus UNION OF INDIA THOUGH: MINISTRY OF URBAN DEVELOPMENT & ORS ..... Respondents Through: Mr. Amit Mahajan, CGSC for UOI. Mr. Raman Duggal, Adv. for GNCTD. Mr. Ajay Arora, Adv. for MCD. Mr. Sanjeev Sabharwal, Adv. for DDA. Mr. Anil Grover and Ms. Divya Jain, Advs. for NDMC. Mr. Balendu Shekhar and Mr. Vivek Jaiswal, Adv. for EDMC with Mr. Jaypal, Dy. Director (Horticulture). Mr. Sunil Satyarthi, Adv. for R9/Delhi Cantonment Board. Mr. Rahul Arya, Adv. for applicant Peoples Action. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This petition was registered taking cognizance of the letter dated 12th April, 2014 of Honble Mr. Justice Kurian...


May 06 2015

Netra Pal(Deceased) Thr. Lrs Vs. Bhole Shankar and Ors

Court: Delhi

Decided on: May-06-2015

* HIGH COURT OF DELHI AT NEW DELHI + RSA No.43/2013 Date of Decision :06. 05.2015 NETRA PAL(DECEASED) THR. LR'S Through: ..... Appellant Mr.Atul Kumar, Adv. Versus BHOLE SHANKAR AND ORS ..... Respondent Through: Mr.Praveen Mahajan, Adv.for R-1. Mr.D.K.Sharma, Adv. for R-2/SDMC. Mr.Parvinder Chauhan, Adv. for R-3. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a regular second appeal filed by the appellant against the judgment dated 05.11.2012 passed by learned first appellate court in RCA No.30/2012 titled Netra Pal v. Bhole Shanker & Ors.2. Before dealing with the contention raised by the learned counsel for the appellant, it may be pertinent here to give a brief background of the case.3. The present appellant/plaintiff Mr.Netra Pal (since deceased) had filed a suit for possession and permanent injunction against the respondent. He claims to be lawful owner/allottee of plot No.B-77, J.J.Colony, Khanpur, New Delhi measuring 25 yards by virtue of an allotment lette...


May 05 2015

Medical Council of India Vs. Amma Chandravati Educational and Charitab ...

Court: Delhi

Decided on: May-05-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:05. 05.2015 + LPA2242015 & CM No.6871/2015 (stay) MEDICAL COUNCIL OF INDIA ..... Appellant Through: Mr. Vikas Singh, Sr. Adv. with Mr. T. Singhdev, Ms. Manpreet Kaur & Mr. Manan Khera, Advs. Versus AMMA CHANDRAVATI EDUCATIONAL AND CHARITABLE TRUST AND ORS ..... Respondents Through: Mr. Amit Kumar, Adv. for R-1. Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Ms. Prerna Shan Deo & Mr. Gyanesh Bhardwaj, Advs. for UOI. + LPA2342015 & CM No.7063/2015 (stay) MEDICAL COUNCIL OF INDIA ..... Appellant Through: Mr. Vikas Singh, Sr. Adv. with Mr. T. Singhdev, Ms. Manpreet Kaur & Mr. Manan Khera, Advs. Versus POONAIYAH RAMAJAYAM INSTITUTE OF SCIENCE & TECHNOLOGY TRUST & ANR ..... Respondents Through: Mr. Ganesan Umapathy & Ms. R. Mekhala, Advs. for R-1. Mr. Amit Mahajan, CGSC for UOI. + LPA2352015 & CM No.7093/2015 (stay) MEDICAL COUNCIL OF INDIA ..... Appellant Through: Mr. Vikas Singh, Sr. Adv. with Mr. T. Singhdev, Ms. Manpreet Kaur, Mr...


May 05 2015

Gulab Singh Vs. Sher Singh

Court: Delhi

Decided on: May-05-2015

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 353/2012 Decided on:5. h May, 2015 % GULAB SINGH Through: ..... Petitioner Mr. Sanjeev Soni, Advocate with Petitioner in person. versus SHER SINGH Through: ..... Respondent Mr. Kunal Yadav, Advocate. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J (ORAL) 1. Aggrieved by the order dated 10th April, 2012, rejecting the leave to defend application of the Petitioner in an eviction petition filed by the Respondent under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (in short the DRC Act) the Petitioner prefers the present petition.2. An eviction petition being E-201/2011 was filed by Sher Singh seeking eviction of the tenanted premises, that is, a shop admeasuring 8 ft. x 9 ft. on the ground floor forming part of the suit property No.1/46, Lalita Park, Laxmi Nagar, Delhi-110092 which was let out to Gulab Singh, the Petitioner herein. The tenanted shop was let out in the year 1987 at a monthly rent of Rs.800/- per month exc...


May 05 2015

Kamlesh Pratap Singh Vs. United Bank of India

Court: Delhi

Decided on: May-05-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.3521/2014 5th May, 2015 % KAMLESH PRATAP SINGH Through: ..... Petitioner Mr.Harish Sharma with Mr.B.K.Saini, Advocates. versus UNITED BANK OF INDIA ..... Respondent Through: Mr.S.S.Lingwal, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this petition filed under Article 226 of the Constitution of India, petitioner, who was an employee of the respondent/United Bank of India, seeks the relief that respondent/Bank be directed to accept the option for pension which has been exercised in terms of the Pension Scheme of the respondent/Bank dated 16.8.2010.2. It is not in issue that the petitioner had put in the minimum number of 15 years of service with the respondent/Bank so as to claim pension, however, the issue to be decided by this Court is whether the petitioner who has suffered the penalty of compulsory retirement, should or should not be allowed to exerci...


May 05 2015

Sh. Manoj Malhotra Vs. University of Delhi

Court: Delhi

Decided on: May-05-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.6895 /2014 5th May, 2015 % SH. MANOJ MALHOTRA Through: ..... Petitioner Mr.Sourabh Leekha with Mr.Kapil Dua, Advocates. versus UNIVERSITY OF DELHI Through: ..... Respondent Mr.Mohinder J.S.Rupal, Advocate CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Counter affidavit in this case was filed by the contesting respondent/University of Delhi way back in February, 2015, but till date, no rejoinder has been filed. Time for filing the rejoinder is closed. As the facts will demonstrate, there ought not to be granted further time for filing the rejoinder.2. By this writ petition filed under Article 226 of the Constitution of India, petitioner, who had worked on contractual basis as a Technical Assistant with the Department of Germanic and Romance Studies of the respondent till 31.12.2013, seeks the relief that he should be entitled to the monetary emoluments after the end of ...


May 05 2015

Sher Singh Dagar Vs. Secretary Labour Gnct of Delhi and Anr.

Court: Delhi

Decided on: May-05-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:05. h May, 2015 % + W.P.(C) No.4573/2011 SHER SINGH DAGAR Through: ..... Petitioner Mr. Naresh Kaushik with Mr. Manoj Joshi, Advocates. versus SECRETARY LABOUR GNCT OF DELHI AND ANR. ..Respondent Through: Dr. Jogendra Samal with Mr. S.K. Jenamani, Advocates. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH VED PRAKASH VAISH, J.(ORAL) 1. The present petition under Articles 226 and 227 of the Constitution of India lays a challenge to the award dated 02.06.2009 passed by the learned Presiding Officer, Labour Court, Karkardooma Courts, Delhi in I.D. No.85/07 wherein the workman, respondent No.2 was granted the relief of reinstatement with 50% back wages and continuity of service.2. Briefly stating the facts emerging from the present petition are that the petitioner has a patch of agricultural land in village Chandan Hulla, Mehrauli where he grows some vegetables, fruits, etc. for his personal usage and the said enclosure of the farm la...


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