Delhi Court November 2016 Judgments
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Radhey Shyam vs.prem Wati & Ors
Court: Delhi
Decided on: Nov-28-2016
$~27 * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI RFA9212016 & CMs No.43944-45/2016 RADHEY SHYAM ..... Appellant Through : Mr. Mahmood Hussain, Advocate versus PREM WATI & ORS Through : None. ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % The appellant has assailed a preliminary decree dated 26.11.2012 ORDER2811.2016 passed by the trial court in a suit for partition instituted by the respondent No.1 in respect of an immovable property owned by the father of the parties. The trial court has passed the preliminary decree declaring inter alia that all the parties are entitled to 1/8th undivided share in the suit premises, but the mode of partition has yet to be worked out.2. The appellant is aggrieved by the preliminary decree on the ground that the suit premises is a leasehold property, the lease deed whereof had expired in the year 2008 and it has not been renewed till date and all the parties to the suit are unauthorized occupants thereof. RFA9212016 Page 1 of 2 3. Coun...
Kay Kay Texo Fab Pvt Ltd vs.m/s Navkar Furnishing & Ors
Court: Delhi
Decided on: Nov-28-2016
% * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28th November, 2016 + FAO5502016 KAY KAY TEXO FAB PVT LTD ..... Appellant Through Mr Duli Chand and Mr R.C. Madan, Advs. M/S NAVKAR FURNISHING & ORS versus Through None CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA ..... Respondent : SUNITA GUPTA, J.(ORAL) CM440142016 (delay) 1. This is an application under Order XLI of Code of Civil Procedure read with Section 5 of the Limitation Act seeking condonation of 536 days in filing the present appeal filed against the order passed by learned Additional District Judge (West) on 26.03.2015. By the impugned order, the suit for recovery of Rs.4,53,888/- filed by the appellant herein / plaintiff was ordered to be returned under Order VII Rule 10 of the CPC on the ground that the court lacked the territorial jurisdiction to try and entertain the suit.2. Feeling aggrieved, the present appeal has been preferred by the appellant. The appeal is accompanied by application seeking condonation of del...
Sat Prakash Sharma vs.govt. Of Nct of Delhi & Ors
Court: Delhi
Decided on: Nov-28-2016
$~28 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on :28. 11.2016 W.P.(C) 8616/2015 & CM187182015 SAT PRAKASH SHARMA versus ........ Petitioner ........ RESPONDENTS GOVT. OF NCT OF DELHI & ORS Advocates who appeared in this case: For the... Petitioner For the Respondent LAC/L&B : Mr Siddharth Panda For the Respondent DDA : Mr Pawan Mathur : Mr Vishal Maan withMr Shitiz Agnihotri 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) 8616/2015 Page 1 of 3 under the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act) and in res...
Rajeev Bansal vs.union of India & Ors.
Court: Delhi
Decided on: Nov-28-2016
$~12. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6008/2016 and CM APPL. 35646/2016 1. RAJEEV BANSAL ........ Petitioner Through Mr.Rama Shanker, Ms.Kamlesh & Mr.Saurabh, Advocates versus ........ RESPONDENTS Through Mr.Anil Dabas, Advocate for R-1/UOI Mr.L.R.Goyal, Advocate for R-4/Axis Bank UNION OF INDIA & ORS. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % The present petition has been filed by the petitioner praying inter alia ORDER2811.2016 for issuance of directions to the respondent No.4/Axis Bank, Tri Nagar Branch, New Delhi to de-freeze the current account bearing No.914020036412680 in the name of M/s Sohani Textile, the sole proprietorship firm of the petitioner and further, to quash a letter dated 7.4.2016 issued by the respondent No.2/Govt. of Maharashtra and the respondent No.3/SHO Borivali, Mumbai whereby the respondent No.4/Bank has been called upon to freeze the said account.2. A counter affidavit has been filed by the respondent No.4/Axis Bank wherein it has been ave...
M/S. Malana Power co.ltd. Vs.dir. General of Foreign Trade (Policy) & ...
Court: Delhi
Decided on: Nov-28-2016
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) 6064/2000 DECIDED ON:28. 11.2016 M/S. MALANA POWER CO.LTD. ..... Appellants Through: Mr. Manish Kumar with Mr. Piyush Kaushik, Advocates. Versus DIR. GENERAL OF FOREIGN TRADE (POLICY) & ORS. ........ RESPONDENTS Through: Mr. Kirtimaan Singh, CGSC for Resp- 1/DGFT with Mr. Karan Jain, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA S.RAVINDRA BHAT, J.1. The petitioner in these proceedings challenges as illegal and arbitrary paragraph 10.11 of the Hand Book of Procedure notified for the period 1.4.1999-31.03.2000 inasmuch as it denies the benefit of refund of terminal excise duty in relation to capital goods supplied to power projects; additionally it is urged that the amendment is ultra vires provisions of the Foreign Trade (Development and Regulation) Act, 1992 (hereafter referred to as "Act").2. Under Section 5 of the Act, the Central Government is empowered to notify the Export Import Pol...
Director General of Works & Ors. Vs.harvir Singh & Anr
Court: Delhi
Decided on: Nov-28-2016
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Dated:28. h November, 2016 + W.P.(C) 15168/2006 DIRECTOR GENERAL OF WORKS & ORS. ........ Petitioners Through Ms. Abha Malhotra, Advocate for the petitioner along with Mr. Deepak Ahuja, Office Superintendent. versus HARVIR SINGH & ANR ........ RESPONDENTS Through Mr. Deepak Khadaria, Advocate for respondent no.1. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL G.S.SISTANI, J (ORAL) 1. Challenge in this writ petition is to the order dated 01.12.2005 passed by the Central Administrative Tribunal (hereinafter referred to for short as the Tribunal), by which the OA filed by the respondent has been allowed.2. The pleadings are complete in this matter. Rule DB was issued on 08.07.2008.3. The necessary facts, which are required to be noticed for disposal of this writ petition, are that respondent joined the CPWD as a casual worker on muster roll basis on the post of Assistant Pump Operator on 08.11.1983. After almost...
Sanjeet Ram @ Sanjeet vs.state
Court: Delhi
Decided on: Nov-28-2016
s$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:28. h November, 2016 + CRL.A. 1027/2016 & Crl.M.(Bail) 1934/2016 SANJEET RAM @ SANJEET ........ Petitioner Through: Mr. O.P. Saxena, Adv. STATE versus Through: Ms. Aashaa Tiwari, APP for ..... Respondent the State CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT(Oral) GITA MITTAL, J1 The appellant assails the judgment dated 22nd February, 2016 passed by the District & Sessions Judge (East) finding him guilty of commission of offence under Section 302 IPC and 27 Arms Act with which he was charged in Sessions Case No.18/2013 registered by the Police Station Gazipur. The appellant also assails the order dated 29th February, 2016 passed on the point of sentence as a result of his conviction whereby the appellant stands sentenced to undergo life imprisonment and to pay a fine of Rs.10,000/-, in default of payment of fine to further undergo simple imprisonment for six months. Crl. A. 1027/2016 Pag...
The Principal St. Marys School & Anr. Vs.rajendra Pratap Singh & Ors.
Court: Delhi
Decided on: Nov-28-2016
* + % IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) 6780/2015 28th November, 2016 THE PRINCIPAL ST. MARYS SCHOOL & ANR. ........ Petitioners Through: Mr. Shubham Singh and Mr. Romy Chacko, Advocates. versus RAJENDRA PRATAP SINGH & ORS. ........ RESPONDENTS Through: Mr. Anuj Aggarwal, ASC GNCTD with Ms. Niti Jain, Adv. for CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This writ petition under Article 226 and Article 227 of the Constitution of India filed by the petitioners/school impugns the judgment of the Delhi School Tribunal (hereinafter referred to as DST) dated 12.5.2015. DST by its judgment dated 12.5.2015 has accepted the appeal filed by the respondent no.1/employee before the DST and the DST has set aside the order of termination of the services of the respondent no.1 by the letter dated 5.4.2013. The issue in this present writ petition is with respect to whether the respondent no.1 is deemed to be confirmed in...
Manju Devi Poddar vs.hari Prakash Poddar
Court: Delhi
Decided on: Nov-28-2016
* + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. 11.2016 CS(OS) 2281/2013 & C.C. 39/2014 MANJU DEVI PODDAR ..... Plaintiff Through: Mr. Shiv Khorana and Mr. Ashish Khorana, Advocates. versus HARI PRAKASH PODDAR CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA ..... Defendant/Counter Claimant Through: Mr. Umesh Mishra, Advocate MS. JUSTICE DEEPA SHARMA % C.C. 39/2014 1. The plaintiff Manju Poddar has filed the present suit for injunction, eviction, possession and mesne profit in respect of premises of first floor of KU-160, Pritam Pura, New Delhi- 110 034 and also terrace with right to construction of third floor along with indivisible right in land underneath (hereinafter referred to as the suit property).2. The plaintiff has claimed the ownership of the said property by virtue of registered gift deed dated 25.09.2010. The defendant Hari Prakash Poddar has filed his written statement and also filed a counter claim seeking declaration to the effect that the said gift deed is a void doc...
Reliance General Insurance Co Ltd. Vs.smt Jagroshni & Ors
Court: Delhi
Decided on: Nov-28-2016
$~19 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. h November, 2016 MAC.APP. 928/2013 RELIANCE GENERAL INSURANCE CO LTD..... Appellant Through: Ms. Suman Bagga and Mr. Pankaj Gupta, Advs. versus SMT JAGROSHNI & ORS ........ RESPONDENTS Through: Mr. Anshuman Bal, Advs. for R1 to R5. Mr. Ishaan Aggarwal, proxy counsel for SBI with Mr. B.N. Nigam from SBI Bank. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby the compensation of Rs.31,43,808/- has been awarded to respondents No.1 to 5. The accident dated 09th April, 2007 resulted in the death of Raj 2. Pal Singh. The deceased was aged 56 years 6 months at the time of the accident and was working as a Manager with State Bank of India at the time of the accident. The deceased was survived by his widow, two sons and two daughters who filed the claim petition before the Claims Tribunal.3. took the income of deceased as Rs.26,427/-per month, adde...
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