Delhi Court November 2016 Judgments
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Vinod Malik & Ors. Vs.delhi Energy Development Agency and Ors.
Court: Delhi
Decided on: Nov-28-2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % VINOD MALIK & ORS. W.P.(C) No.6387/1998 Reserved on:23. d November, 2016 Pronounced on:28. h November, 2016 Mr. Manoj Joshi, Advocate. ........ Petitioners Through: versus DELHI ENERGY DEVELOPMENT AGENCY AND ORS. Through: Mr. Kush Sharma, Advocate with Mr. ........ RESPONDENTS Ekant Luthra, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition under Article 226 of the Constitution of India, three petitioners impugn the three orders passed by the departmental authority dated 30.11.1998 whereby the petitioners were imposed the penalty of dismissal from services which shall be a disqualification for future employment under the Government.2. Since effectively there are three writ petitions because of three separate charge sheets against the three petitioners resulting in three reports W.P.(C) No.6387/1998 Page 1 of 16 of the Enquiry Officer and three penalt...
Dinesh Elhence vs.delhi Development Authority
Court: Delhi
Decided on: Nov-28-2016
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2954/2016 DINESH ELHENCE ........ Petitioner Through Ms.Sumi Anand, Advocate. versus DELHI DEVELOPMENT AUTHORITY Through Ms.Pallavi Shali, Advocate. ..... Respondent % Date of Decision :28. h November, 2016 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present writ petition has been filed seeking a direction to the respondent-DDA to refund the amount of Rs. 1,07,000/- along with interest @12% p.a. from 1984 till date of payment.2. It has been averred in the petition that petitioner was registered for allotment of MIG flat in general category in 1972.3. On 14th December, 1983, petitioner was allotted a Flat No.45A in Seikh Sarai and the petitioner deposited Rs. 99,097/-.4. On 9th August, 1984, the petitioner was informed that his allotment had been cancelled. In 1985, the petitioner filed a writ petition being W.P.(C) No.767/1985 which was ultimately dismissed for non- prosecution vide order dated 1st Septemb...
k.c. Rakesh vs.govt. Of Nct of Delhi & Ors.
Court: Delhi
Decided on: Nov-28-2016
$~41. * + IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION(C) No.11219/2016 K.C. RAKESH ........ Petitioner Date of decision:28. h November, 2016 Through Dr. J.C. Vashishta, Advocate alongwith petitioner in person. versus GOVT. OF NCT OF DELHI & ORS. ........ RESPONDENTS Through Mr. Devesh Singh, ASC for GNCTD. Mr. K.K. Nangia, Advocate for Mr. Ram Kumar, Advocate for respondent No.2. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL): The issue whether Respondent No.3 the North Delhi Municipal Corporation was liable to pay interest on delayed payment of the pensionary/retirement benefits was first raised by the petitioner in Original Application No.2521/2011. The prayer/claim for interest was dismissed by the Tribunal vide order dated 8th August, 2011, the operative portion of which reads as under:-"11. That apart, from the material placed on record it is evident that the retiral benefits of the applicant could not be settled beca...
Bhagat Singh vs.union of India & Ors
Court: Delhi
Decided on: Nov-28-2016
$~62 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:28. 11.2016 W.P.(C) 7568/2015 BHAGAT SINGH versus ........ Petitioner ........ RESPONDENTS UNION OF INDIA & ORS Advocates who appeared in this case: For the... Petitioner For the Respondent LAC/L&B : Mr Siddharth Panda For the Respondent DDA For the Respondent UOI : Mr N. S. Chechi : Ms Shobhana Takiar : Mr Rajesh Kumar with Mr Santwana CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE JAYANT NATH BADAR DURREZ AHMED, J (ORAL) JUDGMENT1 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 WP(C) 7568/2015 Page 1 of 3 (hereinafter referred to as the 1894 Act) in respect of which Award No.205/1986-87 dated...
Subodh Dass vs.govind & Ors.(bajaj Allianz Gen Ins Co. Ltd.)
Court: Delhi
Decided on: Nov-28-2016
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:28. h November, 2016 + MAC. APP.118/2015 SUBODH DASS ..... Appellant Through: Mr.C.S. Parasher, Advocate Versus GOVIND & ORS.(BAJAJ ALLIANZ GEN INS CO. LTD.) Through: ........ RESPONDENTS Mr.Kumar Bhartiya, Advocate for respondent no.1. Mr. Rajat Brar, Advocate for respondent no.3. 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.3,51,451/- has been awarded by the Claims Tribunal. The appellant is seeking enhancement of the award amount.2. On 9th February, 2013, the appellant was travelling in TSR No.DL-1RF-6788 along with his wife and two minor children while going from Dakshinpuri to Pandav Nagar when the TSR hit a stationary car whereupon the appellant fell down from the TSR and suffered grievous injuries. The appellant underwent three surgeries during the period 9th February, 2013 to 14th July, 2013 and his left leg above...
Zahoor Ahmed Akhoon vs.archaelogical Survey of India
Court: Delhi
Decided on: Nov-28-2016
IN THE HIGH COURT OF DELHI AT NEW DELHI * + % W.P. (C) No.11240/2016 28th November, 2016 ........ Petitioner ZAHOOR AHMED AKHOON Through: Mr. Suhail Khan, Advocate. versus ARCHAELOGICAL SURVEY OF INDIA ..... Respondent Through: Mr. Manish Mohan, CGSC with Mr.Shivam Chanana, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition under Article 226 of the Constitution of India, petitioner seeks compassionate appointment on the ground that petitioners father died in harness.2. In the opinion of this Court, this Court does not have territorial jurisdiction because, admittedly, the father of the petitioner was employed with, worked and died in harness while working for the respondent at Srinagar, Jammu and Kashmir. Entire services of the father of the petitioner were therefore performed at Srinagar, Jammu and Kashmir. W.P.(C) No.11240/2016 Page 1 of 4 3. Merely because office of the respondent is situated...
Umesh Prasad Singh vs.union of India and Anr.
Court: Delhi
Decided on: Nov-28-2016
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: November 15, 2016 Judgment delivered on: November 28, 2016 + W.P.(C) 8245/2015, CM. Nos. 17317/2015 & 18579/2016 UMESH PRASAD SINGH ........ Petitioner Through: Mr. K.C. Mittal & Ms. Ruchika Mittal, Advs. versus UNION OF INDIA AND ANR. ........ RESPONDENTS Through: Mr. Abhay Prakash Sahay, CGSC with Mr. Mayur Chhabra, Adv. for R-1 & 2/UOI. Mr.T.Singhdev and Ms.Puja Sarkar, Advs. for R-3/MCI CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J W.P.(C) 8245/2015 1. The present petition has been filed by petitioner Umesh Prasad Singh for and on behalf of his daughters namely Ms. Lucy Gray and Ms. Manisha Singh with the following prayers: (a) Issue appropriate writ / order / direction to set aside and quash letter No.MCI-31(1)/2015/117921 migration dated 22.06.2015 and letter No.MCI-31(1)/2015/124660 dated 30.07.2015 issued by respondent no.3; W.P.(C)8245/2015 Page 1 of 25 (b) Issue appropriate writ / order / di...
M/S Franke Faber India Pvt. Ltd. Vs.commissioner, Trade & Taxes, Delhi
Court: Delhi
Decided on: Nov-28-2016
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. h November, 2016 + ST.APPL. 4/2016 M/S FRANKE FABER INDIA PVT.LTD. Through: Mr. Ruchir Bhatia, Adv. Versus ........ Petitioner COMMISSIONER,TRADE & TAXES,DELHI ..... Respondent Through: Mr. Gautam Narain, Additional Standing Counsel with Mr. R.A Iyer, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI S. RAVINDRA BHAT, J.(Oral) ` 1. The question of law involved in this case is whether the Sales Tax Tribunal fell into error in upholding the re-assessment under Section 24 of the DVAT Act, 2004 given the nature of previous order in relation to proceedings initiated under Section 49 of the Delhi Sales Tax Act, 1975 by the Assessee. The assessee/appellant had referred a question for determination 2. by the Commissioner under Section 49. The question was whether the goods and articles sold by it, i.e., Cooker Hoods/Kitchen Chimneys were classifiable as electrical or electronic air purifiers und...
Brijesh Singh vs.union of India & Ors
Court: Delhi
Decided on: Nov-28-2016
$~68 IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 12041/2015 & CM319702015 Judgment delivered on:28. 11.2016 BRIJESH SINGH ........ Petitioner versus UNION OF INDIA & ORS Advocates who appeared in this case: For the... Petitioner For the Respondent LAC/L&B : Mr Yeeshu Jain with Ms Jyoti Tyagi For the Respondent DDA : Mr Sanjeev Sabharwal : Mr D. V. Khatri ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE JAYANT NATH BADAR DURREZ AHMED, J (ORAL) JUDGMENT1 By way of this writ petition the petitioner is seeking 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. The petitioner, consequently, seeks a declaration that the acquisition proceeding initiated WP(C) 12041/2015 Page 1 of 3 under the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act) and in respect of which...
Som Datt Enterprises Limited vs.vijay Cable Industries & Ors
Court: Delhi
Decided on: Nov-28-2016
*IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:28. h November, 2016 CCP(O) No.146/1997 in EX.P. 126/1997 1. SOM DATT ENTERPRISES LIMITED ..... Decree Holder/Relator Through: Mr. G.P. Thareja & Mr. Himanshu Pathak, Advs. Versus VIJAY CABLE INDUSTRIES & ORS .... Judgment Debtors/ Alleged Contemnor Through: Mr. Rajesh Banati & Mr. Vikram CORAM:-"HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW Pratap Singh, Advs. The Relator/Decree-holder Som Datt Enterprises Ltd. has filed this petition averring: (i) that the relator/decree-holder filed Execution Petition No.126/1997 for execution of the consent decree dated 15th April, 1996 in Suit No.2428/1995; (ii) that Vide order dated 29th May, 1997 in the aforesaid execution petition, various receivables of the judgment-debtors i.e. alleged contemnors, from Director General of Supplies & Disposals (DGS&D) and various Electricity Boards as well as the immovable property bearing No.A- CCP(O) No.146/1997 in Ex. P. No.126/1997 Page 1 of 35 111, New...
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