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Delhi Court January 2017 Judgments

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Jan 31 2017

Gianender Singh & Ors vs.union of India & Ors.

Court: Delhi

Decided on: Jan-31-2017

$~65 IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:31. 01.2017 + W.P.(C) 6835/2015 & CM124982015 & 32415/2016 GIANENDER SINGH & ORS ...... Petitioners UNION OF INDIA & ORS. Advocates who appeared in this case: versus ...... RESPONDENTS : Mr Sandeep Dagar. : Mr Anuj Aggarwal. : Mr Yeeshu Jain and Ms Jyoti Tyagi : Mr Kush Sharma For the... Petitioners For the UOI For the L&B For the DDA CORAM:-"HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE ASHUTOSH KUMAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. By way of this writ petition the petitioners seek 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 petitioners, consequently, seek a declaration that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter W.P.(C) No.6835/2015 Page 1 of 4 referred to as the 1894 Act...


Jan 31 2017

Shri Bhawani vs.the Commissioner of Police & Another.....

Court: Delhi

Decided on: Jan-31-2017

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1585/2015 SHRI BHAWANI Date of Decision :31. t January, 2017 ........ Petitioner Through: Mr. Sachin Chauhan, Advocate versus THE COMMISSIONER OF POLICE & ANOTHER........ RESPONDENTS Through: Mr. Sumit Aggarwal, Advocate for respondent Nos.1 and 2 CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) 1. We have gone through the impugned order of the Tribunal, dated 22.7.2014, whereby OA No.2367/2012 filed by the petitioner, Bhawani was dismissed.2. The petitioner was selected and appointed as Constable (Executive) in the Delhi Police on 12.1.2010. On 8.4.2011, a show cause notice was issued that, as per the information submitted by the petitioner in the attestation form on 14.10.2009, he had been chargesheeted for involvement in a criminal case, FIR No.93 dated 22.6.2007, PS:Kosli, Rewari, under Sections 148/149/323/325/307/506/341 IPC. The petitioners services were WP(C) No.1585/2015...


Jan 31 2017

Kirti Premraaj Jain & Anr. Vs.moser Baer Clean Energy Ltd. & Anr.

Court: Delhi

Decided on: Jan-31-2017

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31. h January, 2017 1. CRL.M.C. 3462/2014 and Crl.M.A.No.11961/2014 KIRTI PREMRAAJ JAIN ........ Petitioner Through: Ms.Geeta Luthra, Sr. Advocate with Mr.Jivesh Tiwari and Mr.Prateek Yadav, Mrs.Hurainn S. Dholkawalla and Mr.Virender Singh Hooda, Advocates. versus MOSER BAER CLEAN ENERGY LTD. & ANR. ........ RESPONDENTS Through: Mr.Vikas Pahwa, Sr. Advocate with Mr.Vineet Arora and Mr.Aditya Dogra, Mr.Kinnori Ghosh Advocates for R1.2. CRL.M.C. 3465/2014 and Crl.M.A.No.11971/2014 KIRTI PREMRAAJ JAIN ........ Petitioner Through: Ms.Geeta Luthra, Sr. Advocate with Mr.Jivesh Tiwari and Mr.Prateek Yadav, Mrs.Hurainn S. Dholkawalla and Mr.Virender Singh Hooda, Advocates. versus Crl.M.C. No.3462/2014, Crl.M.C. No.3465/2014 & Crl.M.C. No.3569/2014 Page 1 of 32 MOSER BAER CLEAN ENERGY LTD. & ANR. ........ RESPONDENTS Through: Ms. Sima Gulati and Mr.S.P.Mukherjee, Advocates for R1.3. CRL.M.C. 3569/2014 and Crl.M.A.No.12286/2014 KIRTI P...


Jan 31 2017

United Christian Senior Secondary School & Anr. Vs.director of Educati ...

Court: Delhi

Decided on: Jan-31-2017

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.7940/2008 31st January, 2017 UNITED CHRISTIAN SENIOR SECONDARY SCHOOL & ANR. ........ Petitioners Through: Mr. Romy Chacko, Advocate with Mr. Varun Mudgal, Advocate. DIRECTOR OF EDUCATION AND ANR. versus ........ RESPONDENTS Through: Mr. Peeyoosh Kalra, ASC with Ms. Sona Babbar, 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, the petitioner no.1/school impugns the order of the Director of Education dated 12.5.2008 whereby the Director of Education has refused to grant approval to the appointment of the petitioner no.2/Mr. Darwin Pershad as the Principal of the petitioner no.1/school.2. The issue is no longer res integra and is covered by the two Division Bench judgments of this Court in the cases of St. Anthony's Girls Sen. Sec. School and Ors. Vs. The Govt. of N.C.T. of W.P.(C) No.7940/20...


Jan 31 2017

Pawan @ Mama vs.state Govt. Of Nct of Delhi

Court: Delhi

Decided on: Jan-31-2017

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Crl. A. No.550/2016 PAWAN @ MAMA Judgment dated:31. tJanuary, 2017 ..... Appellant Through Mr.R.M.Tufail, Adv. with Mr.Vishal Raj Sehijpal, Mr.Anwar Ahmed Khan, Mr.Farooq Chaudhary, Ms.Meenakshi Joshi & Ms.Astha, Advs. versus STATE GOVT. OF NCT OF DELHI ..... Respondent Through Ms.Sumita Kapil, Adv. with Ms.Pooja Swami & Mr.Hanumant Sakhuja, Advs. for the State. Mr.Varun Goswami, APP for the State. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL G.S.SISTANI, J.(ORAL) 1. The appellant has filed the present appeal under Section 374 of the Code of Criminal Procedure against the judgment dated 23.02.2016 by which the appellant has been convicted under Section 302/324/458 of the Indian Penal Code (hereinafter referred to as IPC) and also convicted under Section 27 of the Arms Act. By virtue of the order on sentence dated 27.02.2016, the appellant was sentenced to rigorous imprisonment for life and a fine of Rs.30,000/-,...


Jan 31 2017

Kalawati Devi vs.kasturi Devi

Court: Delhi

Decided on: Jan-31-2017

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:31. 01.2017 + RC.REV. 110/2016 & CM No.5695/2016 KALAWATI DEVI ........ Petitioner Through Ms.Prabha Sharma, Advocate versus KASTURI DEVI ..... Respondent Through Mr.Biswajeet & Mr.Sumit Mangla, Advocates CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) By the present petition filed under Section 25-B(8) of the Delhi Rent 1. Control Act, 1958 (hereinafter referred to as the DRC Act), the petitioner seeks to challenge the order dated 29.10.2015 by which an application filed by the respondent under Order 9 Rule 13 CPC to set aside the ex-parte eviction order dated 16.10.2012 was allowed.2. The brief facts of the case are that the petitioner filed an eviction petition under Section 14(1)(e) of the DRC Act seeking eviction of the respondent in respect of the tenanted premises being Khasra No.7, Rajpur Khurd, Extension, New Delhi. It was claimed by the petitioner that the respondent was a tenant since 2005 at a mo...


Jan 31 2017

M/S. Patel Engineering Limited vs.national Thermal Power Corporation & ...

Court: Delhi

Decided on: Jan-31-2017

$~44 *IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:31. 01.2017 % + W.P.(C) 1518/2016 & CM Nos.6552/2016 M/S. PATEL ENGINEERING LIMITED433492016 (directions) (directions), ........ Petitioner NATIONAL THERMAL POWER CORPORATION & ANR. versus ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : Mr. Dayan Krishnan, Sr. Advocate with Mr. Ananga Bhattacharya, Advocate. For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Tarkeshwar Nath with Mr. Onkar Nath, Advocates for respondent No.1. Mr. Ajay Digpaul, CGSC with Ms. Mohita, Advocate for respondent No. JUDGMENT3101.2017 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner, by the present petition, has sought a direction to the respondent No.1- National Thermal Power Corporation to pay to the Commissioner of Customs the customs duty alongwith the applicable interest on the import of Hot Rolled Plates under advance W.P.(C) No.1518/2016 Page 1 of 3 authorizations dated 03.07.2008 and 10.0...


Jan 31 2017

Mrs. Aradhana Goel vs.balwantray Mehta Vidya Bhawan & Anr.

Court: Delhi

Decided on: Jan-31-2017

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI W.P(C) No.8165/2007 31st January, 2017 MRS. ARADHANA GOEL Through: ........ Petitioner Mr. Y.K.Kapur and Mr. Bhushan Kapur, Advocates. versus BALWANTRAY MEHTA VIDYA BHAWAN & ANR. ........ RESPONDENTS Through: 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 and Article 227 of the Constitution of India, the petitioner impugns the order of the Delhi School Tribunal dated 19.9.2007, by which the Delhi School Tribunal dismissed the appeal filed by the petitioner against the termination of her services by the respondent no.1/schools letter dated 4.5.2007. This letter reads as under:-"S.K.SHARMA PRINCIPAL (SW) Ref. No.SOPS/BMVB-ASMA/Personnel-AG/2007-Dated:4. 5.2007 Mrs. Aradhana Goel Assistant Teacher (Special Educator) 126/7, Sector-1, Pushp Vihar New Delhi-110017 SUB: Notice for Discontinuation of Services. W.P(C) No.8165/2007. Page 1 of 4 Mad...


Jan 31 2017

Ritu Aggarwal vs.anju Gupta

Court: Delhi

Decided on: Jan-31-2017

$~5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA402014 & C.M. Nos. 7804/2014 and 28396/2016 RITU AGGARWAL Through: Appellant in person. ..... Appellant versus ANJU GUPTA ..... Respondent Through : Mr. Praveen Aggarwal as guardian of Master Krishna minor son of the deceased respondent. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER3101.2017 C.M. No.17687/2015 (by the appellant under Order XXII Rule 4 CPC) 1. The present application has been filed by the appellant praying inter alia that the legal heirs of the deceased respondent to be brought on record. It has been recorded in para 3 of the application that the respondent, who was a widow, had expired on 23.6.2015, and is survived by Ms. Megha, a daughter aged 24 years and Master Krishna, a son aged 11 years. The appellant seeks impleadment of the legal heirs of the deceased respondent as she submits that her right to sue them in respect of the estate of the deceased respondent, survives in her favour.2. Learned counsel enters appeara...


Jan 31 2017

Sh. Bhagat Ram and Anr. Vs.sh.gulfam Gazi

Court: Delhi

Decided on: Jan-31-2017

$~13 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 31, 2017 RSA392017 SH. BHAGAT RAM AND ANR. Through: Ms.Sapna Malik & Ms.Manjunatha ..... Appellants H T, Advocates versus ..... Respondent SH.GULFAM GAZI Through: None CORAM: HONBLE MS. JUSTICE PRATIBHA RANI JUDGMENT (Oral) CM No.3854/2017 1. For the reasons stated in the application, the delay of 16 days in filing of the appeal is condoned.2. The application stands disposed of. CM No.3852-53/2017 1.2. Exemption allowed, subject to all just exceptions. The applications stand disposed of. RSA392017 1. This Regular Second appeal under Section 100 of CPC has been filed impugning the judgment of the First Appellate Court dated 9th September, 2016.2. The order dated 9th September, 2016 by the learned Appellate Court RSA No.39/2017 Page 1 of 4 has been passed after recording the statement of the counsel for the appellant herein (respondent in RCA No.67/2016) and of the appellant in the first appeal, and reads as und...


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