Delhi Court October 2016 Judgments
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Sh. Hitesh Panchori vs.m/s Heaven Plast India Pvt. Ltd.
Court: Delhi
Decided on: Oct-17-2016
IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.301/2016 17th October, 2016 ..... Appellant * + % SH. HITESH PANCHORI Through: Mr. Mahipal Singh, Advocate. versus M/S HEAVEN PLAST INDIA PVT. LTD. ..... Respondent Through: CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.37232/2016 (for condonation of delay of 5 days in filing the appeal) 1. This is an application seeking condonation of delay of 5 days in filing the appeal.2. For the reasons stated in the application, the same is allowed and the delay is condoned.3. The application stands disposed of. C.M. Appl. No.37246/2016 (for condonation of delay of 53 days in re-filing the appeal) 4. This is an application seeking condonation of delay of 53 days in re-filing the appeal. RSA No.301/2016 Page 1 of 8 5. For the reasons stated in the application, the same is allowed and the delay is condoned.6. The application stands disposed of. RSA No.301/2016 and C.M. Appl. No....
Vinay Kapoor vs.shri Vivek Kapoor & Ors
Court: Delhi
Decided on: Oct-17-2016
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 424/2015 VINAY KAPOOR ..... Plaintiff Through Mr. Sunil Agarwal, Advocate versus SHRI VIVEK KAPOOR & ORS ..... Defendants Through Mr. Satish Kumar, Advocate for defendants no.1 & 3. Mr. Ateev Mathur and Ms. Jagriti Ahuja, Advocates for defendant no.2. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI ORDER1710.2016 % 1. The plaintiff has filed the present suit for partition with respect to a plot measuring 200 sq. yds bearing no.29, situated in the area of Village Chandrawali, now known as property no.IV/1680, Mahavir Block, Bholanath Nagar, Shahdara, Delhi-110032, which was purchased by Late Shri Gokul Nath Kapoor during his life time. Late Shri Gokul Nath Kapoor died intestate on 08.03.1998, leaving behind only the legal heirs, who are parties to the present suit and his widow, as his only Class-I heirs. As per the plaint, after the death of the father, the parties were in financial crises, as such in order to borrow some loan from the Ban...
Union of India vs.braham Pal Singh
Court: Delhi
Decided on: Oct-17-2016
IN THE HIGH COURT OF DELHI AT NEW DELHI RSA1842016 Through: Mr. R.V.Sinha, Advocate. ..... Appellant $~10 * + UNION OF INDIA BRAHAM PAL SINGH versus ..... Respondent Through: Mr. Y.D.Nagar and Mr. F.C.Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA % 1. ORDER1710.2016 On 30.9.2016, the following order was passed inasmuch as it was found that the civil court would not have jurisdiction as per the ratio of the judgment in the case of Union of India & Ors. Vs. Shri Ishwar Singh RSA No.26/2016 decided on 5.9.2016:-"1. Counsel for the appellant relies upon the judgment delivered by this Court in the case of Union of India & Ors. Vs. Sh. Ishwar Singh RSA262016 decided on 5.9.2016 to argue that once a person is an employee of CISF and statutory authorities under Section 8 and 9 of the CISF Act have passed orders as disciplinary authority, appellate authority etc, then civil suit will not lie and the remedy of a person against whom statutory orders are passed under Section 8 and ...
Sunita vs.emaar Mgf Land Limited
Court: Delhi
Decided on: Oct-17-2016
$~6 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 568/2016 SUNITA ........ Petitioner Through : Mr Rishi Kapoor and Mr Suparna, Advocates. versus EMAAR MGF LAND LIMITED ..... Respondent Through : Ms Manmeet Arora, Ms Chand Arora and Mr Devashish Chauhan, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1710.2016 VIBHU BAKHRU, J1 The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that a retired judge be appointed as a Sole Arbitrator in relation to the disputes that have arisen between the parties in relation to the Buyer's Agreement dated 08.05.2012.2. The petitioner had applied for a residential floor in a project named as Emerald Hills being developed by the respondent company (hereafter Emaar) in Gurgaon, Haryana. Thereafter, the parties executed a Buyer's Agreement dated 08.05.2012. Clause 36 of the said agreement is relevant and is set out below:-"ARB.P. 568/2016 Page...
United India Insurance Co. Ltd. Vs.supriya Dey & Ors.
Court: Delhi
Decided on: Oct-17-2016
$~4 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. h October, 2016 + MAC.APP. 546/2013 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Ms. Suman Bagga and Mr. Pankaj Gupta, Advocates versus SUPRIYA DEY & ORS. ........ RESPONDENTS Through: Mr. Navneet Goyal and Ms. Sneha Savant, Advocates for respondents No.1 & 2. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.5,74,792/- has been awarded to respondents No.1 and 2. The accident dated 07th September, 2012 resulted in the death of Gopal Chandra Dey. The deceased was aged 63 years at the time of the accident and was self-employed earning Rs.15,000/- per month. The Claims Tribunal took minimum wages of Rs.9,282/-, deducted 1/3rd towards his personal expenses and applied the multiplier of 7 to compute the loss of dependency of Rs.5,19,792/-. The Claims Tribunal awarded Rs.25,000/- towards loss of love and affection, Rs...
Symantec Software Solutions Pvt Ltd & Ors vs.ms. R. Modi & Ors
Court: Delhi
Decided on: Oct-17-2016
% + *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. h October, 2016. CS(OS) No.1842/2008 SYMANTEC SOFTWARE SOLUTIONS PVT. LTD. & ORS ..... Plaintiffs Through: Mr. Pravin Anand, Ms. Krutika Vijay, Mr. Aashish Somasi and Mr. Ravin Galgotia, Advs. Versus Ms. R. MODI & ORS. ..... Defendants Through: Mr. C.M. Lall, Ms. Nancy Roy and Ms. Adya Khanna, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.10065/2016 (of plaintiffs u/O XIV R-5 CPC) & IA No.10917/2016 (of defendants u/O XVI R-1&2 CPC and Chapter XI Rule 1 of Delhi High Court (Original Side) Rules, 1967) IA No.10065/2016 first came up before this Court on 19th August, 1. 2016, when the counsel for the defendants appeared on advance notice and the following order was passed: 1. The plaintiffs/applicants seek shifting of onus of the following issue:-"Whether the present suit has been instituted by a competent and/or a duly authorised person?. OPD from that placed on the defendants to that on the plaintiffs. CS(OS)...
M/S. Suved Developers Pvt. Ltd vs.mis. Holystar Industries & Anr
Court: Delhi
Decided on: Oct-17-2016
$~5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 517/2016 M/S. SUVED DEVELOPERS PVT. LTD Through : Mr Ankit Jain and Mr Sarvesh Rai, Advs. ........ Petitioner versus MIS. HOLYSTAR INDUSTRIES & ANR. Through : Mr Naushad Ahmed Khan and Ms Astha Nigam, Advs. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1710.2016 VIBHU BAKHRU, J1 The petitioner has filed the present petition under Section 11 (5) of the Arbitration and Conciliation Act, 1996 (hereafter the Act), inter alia, praying that an Arbitrator be appointed to adjudicate upon the disputes which have arisen between the parties in relation to the Agreement to Sell (hereafter the Agreement) dated 21.05.2014.2. The respondent disputes that the Agreement is a contract; it asserts that the Agreement is only a draft of an agreement, which is neither witnessed by any witnesses nor signed by the petitioner. It is further contended that since the Agreement has not been signed by the petitioner, it cannot be consider...
Nidhi Goel vs.state & Ors
Court: Delhi
Decided on: Oct-17-2016
$~47 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI TEST.CAS. 91/2015 NIDHI GOEL judgment dated 17th October, 2016 ........ Petitioner CORAM: STATE & ORS Through Ms. Vagish Kochar, Advocate versus Through ........ RESPONDENTS HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1.... Petitioner has filed the present petition under Section 276 of Indian Succession Act, 1925 for grant of probate with respect to the Will dated 14.06.2010 of Late Sh. Arya Bhushan.2. Notice was issued to the State, through Chief Controlling Revenue Authority. Citation was published in the Delhi edition of JANSATTA, Hindi and English language. The valuation report has been filed by the SDM, Najafgarh. The order of the Joint Registrar dated 30.05.2016 also shows that no objection has been filed by any the close relations.3. The petitioner has filed the affidavit of the petitioner marked as Exhibit PW-1/X. The petitioner has deposed that Late Sh. Arya Bhushan was her father, who died at Delhi on 12.10.2010. Th...
Shyam Lal & Ors vs.the State (n.c.t) of Delhi & Anr
Court: Delhi
Decided on: Oct-17-2016
* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 2266/2016 & Crl.M.A.No.9524/2016 SHYAM LAL & ORS Date of Decision: October 17th, 2016 ........ Petitioners Through: Mr. V.V. Manoharan, Mr. Amit, Advocate Versus THE STATE (N.C.T) OF DELHI & ANR ........ RESPONDENTS Through: Mr. M.P. Singh, Additional Public Prosecutor for the State with Sub- Inspector Yogesh Kumar, Police Station Timarpur, Delhi CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Shyam Lal, Sh. Ghanshyam, Smt. Yashodha Devi, Ms. Kamla, Smt. Saroj Arya @ Champa, Sh. Nandan Ram Arya, Smt. Geeta and Sh. Kailash Chand for quashing of FIR No.392/2014 dated 13.06.2014, under Sections 498-A/4IPC registered at Police Station Timarpur on the basis of the Settlement Deed executed between petitioner no.1 and respondent no.2, namely, Smt. Babita on 09.09.2015.2. respondent-State submitted that the respondent No.2, present in the Court h...
Priyanka Chaudhary & Ors vs.national Board of Examinations
Court: Delhi
Decided on: Oct-17-2016
$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:17. 10.2016 ........ Petitioners versus PRIYANKA CHAUDHARY & ORS % + W.P.(C) 9507/2016 & CM Nos.38018-38019/2016 Advocates who appeared in this case: For the... Petitioner : For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA NATIONAL BOARD OF EXAMINATIONS Ms. Bina Madhavan and Mr. Prateek Dhir, Advs. Dr. Rakesh Gosain, Adv. for R-1 ..... Respondent JUDGMENT1710.2016 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioners are candidates, who applied for admission to the Diplomate of National Board Centralized Entrance Test. It is contended that in the entrance test, the petitioners got ranks between 29 to 119. Based on their merit all the petitioners were invited for the first round of counseling and petitioners as per the then available seats exercised their option and took confirmed seats in different disciplines.2. It is contended that post the first round of counseling certain W.P.(C) No.9507/2016 Page 1 of 9 ...
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