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Delhi Court November 2016 Judgments

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Nov 15 2016

M/S Stci Finance Limited vs.m/s Sukhmani Technologies Pvt. Ltd. & Ors.

Court: Delhi

Decided on: Nov-15-2016

% + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:15. 11.2016 ARB. A. (COMM.) 25/2016 & IA No.9919/2016 M/S STCI FINANCE LIMITED Versus ..... Appellant ........ RESPONDENTS M/S SUKHMANI TECHNOLOGIES PVT. LTD. & ORS. Advocates who appeared in this case: For the Appellant For the... RESPONDENTS CORAM HONBLE MR JUSTICE VIBHU BAKHRU : : Mr B.B. Gupta, Senior Advocate with Ms Vinita Sasidhar. Mr Ashim Vachher, Mr P. Piyush and Mr Vaibhav Dabas for R-1 to 4. Mr Achal Gupta and Ms Annie Rais for R-5. VIBHU BAKHRU, J JUDGMENT1 STCI Finance Limited (hereafter STCI) has filed the present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) for setting aside the order dated 27.04.2016 (hereafter the impugned order)passed by the Sole Arbitrator, Justice R. C. Chopra (Retd.) under Section 16 of the Act. By the impugned order, the Arbitrator disposed of five applications filed by the respondents under Section 16 of the Act; he allowed the applicat...


Nov 15 2016

Simla Devi vs.union of India & Ors.

Court: Delhi

Decided on: Nov-15-2016

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 5688/2015 & CM102272015 Judgment delivered on:15. 11.2016 SIMLA DEVI versus UNION OF INDIA & ORS. ....... Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner For the Respondent DDA For the Respondent LAC/L&B CORAM:-"HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE JAYANT NATH : Mr M.P. Bhargava : Mr Arjun Pant : Mr Siddharth Panda JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioner seeks the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act) in respect of which Award No.205/1986-87 dated 19.09.1986 was made, inter alia, in respect W.P.(C) No.5688/2015 Page 1 ...


Nov 15 2016

Shilpa Tandon vs.harish Chand Tandon & Anr.

Court: Delhi

Decided on: Nov-15-2016

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : November 15, 2016 RFA(OS) 113/2015 SHILPA TANDON ..... Appellant Represented by : Ms.Shobhana Takiar, Advocate with Appellant in person versus HARISH CHAND TANDON & ANR ........ RESPONDENTS Represented by: Ms.Shalini Kapoor, Advocate with Ms.Ruhini Dey and Mr.Dikshant Khanna, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA PRADEEP NANDRAJOG, J.1. The first respondent, aged 69 years, is the father-in-law of the appellant who, is married to respondent No.2. Obviously respondent No.2 is the son of respondent No.1.2. House bearing Municipal No.D-3, Green Park Extension, New Delhi, admittedly belongs to respondent No.1. In the suit filed by him claiming mandatory and prohibitory injunction and damages, respondent No.1 pleaded that after the appellant and the respondent No.2 were married on November 18, 2016 they resided on the barsati/first floor of his house, but claims the status of h...


Nov 15 2016

Ram Kumar @ Gouda & Anr. Vs.state of Nct of New Delhi

Court: Delhi

Decided on: Nov-15-2016

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :4. h NOVEMBER, 2016 DECIDED ON :15. h NOVEMBER, 2016 RAM KUMAR @ GOUDA & ANR. CRL.A. 209-10/2006 ..... Appellants Through : Mr.Manoj Sharma, Advocate with Ms.Kavita & Mr.Shahid Ali Roy, Advocates. versus STATE OF NCT OF NEW DELHI ..... Respondent Through : Ms.Meenakshi Dahiya, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Present appeals have been preferred by the appellants Ram Kumar @ Gouda (A-1) and Raj Kumar (A-2) to challenge the legality and correctness of a judgment dated 18.11.2005 of learned Addl. Sessions Judge in Sessions Case No.arising out of FIR No.1PS Badarpur by which A-1 was held guilty for committing offences punishable under SectionsIPC whereas A-2 was convicted under Section 376 IPC. By an order dated 21.11.2005, the appellants were awarded various prison terms with fine.2. Briefly stated, the prosecution case as reflected in the charge- sheet was that on 09.04.2001 the appellants in furtherance of ...


Nov 15 2016

Dr. Mohd. Ahmed Ansari vs.north Delhi Municipal Corporation

Court: Delhi

Decided on: Nov-15-2016

$~09 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2100/2015 and CM No.3777/2015 (Stay) Date of Decision :15. h November, 2016 DR. MOHD. AHMED ANSARI Through Mr. Rajat Aneja, Advocate. ........ Petitioner versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr. D.S. Mahendru, Advocate. CORAM:HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) 1. The present writ petition impugns the order dated 17.08.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, whereby the OA No.1310/2010 filed by the petitioner- Dr. Mohd. Ahmed Ansari has been dismissed. The order dated 12.11.2014 dismissing the review application, RA No.526/2011, is also challenged.2. The petitioner was appointed in the respondent-Corporation to the post of Unani Compounder in the year 1979. The petitioner along with three others had filed the writ petition bearing W.P.(C) No.WP(C) No.2100/2015 Page 1 of 17 2414/1998 challenging the amendm...


Nov 15 2016

Murari Lal & Ors. Vs.union of India and Ors

Court: Delhi

Decided on: Nov-15-2016

$~46 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:15. 11.2016 W.P.(C) 3058/2015 & CM54592015 MURARI LAL & ORS. versus UNION OF INDIA AND ORS Advocates who appeared in this case: ........ Petitioners ........ RESPONDENTS For the... Petitioners For the Respondent UOI For the Respondent DDA For the Respondent DMRC For the Respondent LAC/L&B : Mr M.P. Bhargava : Ms Shiva Lakshmi with Mr Sriram Krishnay and Mr Ruchir Ranjan Rai : Mr Arjun Pant : Mr Pushkar Sood with Mr Satya Prakash Singh and Ms Akshita Chhatwal : Mr Sanjay Kumar Pathak with Mr Sunil Kumar Jha and Mr Kushal Raj Tater CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE JAYANT NATH BADAR DURREZ AHMED, J (ORAL) JUDGMENT1 The learned counsel for the petitioners states that this matter is covered by the decision of this Court in the case of Girish Chhabra vs. Lt. Governor of Delhi and Ors.: W.P.(C) 2759/2011 decided on 12.09.2014. He states that although possession of the subject land has been taken,...


Nov 15 2016

Yog Raj vs.govt. Of Nct of Delhi and Ors.

Court: Delhi

Decided on: Nov-15-2016

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:15. 11.2016 versus ....... Petitioner ........ RESPONDENTS % + W.P.(C) 6284/2015 YOG RAJ GOVT. OF NCT OF DELHI AND ORS. Advocates who appeared in this case: : Mr V.S. Tomar : Mr Rajesh Kumar : Mr Sanjay Kumar Pathak with Mr Sunil Kumar Jha and Mr Kushal Raj Tater : Mr Dhanesh Relan with Ms Isha Garg For the... Petitioner For the Respondent UOI For the Respondent LAC/L&B For the Respondent DDA CORAM:-"HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE JAYANT NATH JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioner seeks the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act) in respect of wh...


Nov 11 2016

M/S Tamilnadu Telecommunications Ltd. Vs.bharat Sanchar Nigam Ltd.

Court: Delhi

Decided on: Nov-11-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:11. 11.2016 + O.M.P. (COMM) 430/2016 and IA Nos. 12069/2016 & 13150/2016 M/S TAMILNADU TELECOMMUNICATIONS LTD. versus ........ Petitioner BHARAT SANCHAR NIGAM LTD. Advocates who appeared in this case: ..... Respondent : Mr Ratan K. Singh, Mr Nikhilesh Krishnan, Mr Raghav Alok, Mr Aishwary Tiwari, Mr Abhishek Iyer and Mr Nishank Tyagi, Advocates. : For the... Petitioner For the Respondent CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J Introduction JUDGMENT1 Tamil Nadu Telecommunications Ltd. (hereafter the TTL) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) impugning an arbitral award (hereafter the impugned award) dated 09.09.2016 passed by the Sole Arbitrator in relation to the Purchase Order dated 06.01.2011 (hereafter the PO) issued by the respondent (hereafter BSNL) for purchase of 18000 KMs of 24F metal free Optical Fibre Cables (hereafter the OF...


Nov 11 2016

Satish Saw Mill vs.shambhu Mahto

Court: Delhi

Decided on: Nov-11-2016

$~18 * % + FAO2232011 SATISH SAW MILL IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. h November, 2016 Through: Mr. Manish Malhotra, Advocate ........ Petitioner Versus SHAMBHU MAHTO Through: Mr. Triloki Pandit, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The appellant has challenged the order dated 17th February, 1. 2011, whereby the Commissioner, Workmens Compensation awarded compensation of Rs.2,03,980/- along with interest @ 12% per annum to respondent No.1.2. On 24th May, 2000 at about 07:00 p.m., respondent No.1s left hand was stuck in a saw machine which resulted in 71% permanent disability to the left hand of respondent No.1. Respondent No.1 filed an the Commissioner, Workmens Compensation. The petitioner contested the claim of respondent No.1 on the 3. ground that respondent No.1 was employed as labour-cum-rickshaw puller and he had worked at the saw machine against the express instructions of the petitioner not to work there. T...


Nov 11 2016

Kamaluddin vs.state

Court: Delhi

Decided on: Nov-11-2016

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : NOVEMBER02 2016 DECIDED ON : NOVEMBER11 2016 CRL.A.280/2014 + KAMALUDDIN ........ Petitioner Through : Mr.Naveen Gaur with Mr.Neeraj Gahlaut, Advocates. Versus STATE CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Mr.Amit Gupta, APP. ..... Respondent S.P.GARG, J.1. Aggrieved by a judgment dated 03.04.2013 of learned Additional Sessions Judge in Sessions Case No.02/2013 arising out of FIR No.61/2012 registered at Police Station Bara Hindu Rao by which the appellant was convicted for committing offences under SectionsIPC and Section Arms Act, the instant appeal has been preferred by him. By an order dated 3.4.2013, the appellant was awarded various prison terms with fine.2. Briefly stated, the prosecution case as set up in the charge-sheet was that on 08.10.2012 at about 12 noon at Hathikhana, Azad market, Delhi, the appellant and his associate in furtherance of their common intention Crl.A.280/2014 Page 1 of 5 robbed the complaina...


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