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Delhi Court January 2017 Judgments

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Jan 23 2017

Vardhaman Shiksha Mandir Senior Secondary School & Anr. Vs.govt. Of Nc ...

Court: Delhi

Decided on: Jan-23-2017

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) No.18004-05/2005 & W.P. (C) No.6351/2006 23rd January, 2017 + W.P.(C) No.18004-05/2005 VARDHAMAN SHIKSHA MANDIR SENIOR SECONDARY SCHOOL & ANR. ........ Petitioner Through: Mr. Ruchi Jain, Adv. versus GOVT. OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Mr. Satyakam, Addl. Standing counsel for Govt. of NCT of Delhi-R- 1 and 2. Mr. Bhagwan Swarup Shukla, CGSC with Mr. Shekhar Gehlot, Adv. for R/UOI. Mr. Shankar Raju, Adv. for R-3. .Petitioner + W.P.(C) No.6351/2006 MRS. PROMILLA JAIN Through: Mr. Shankar Raju and Mr. Nilansh Gaur, Adv. VARDHAMAN SHIKSHA MANDIR SENIOR SECONDARY SCHOOL & ORS. Through: Ms. Ruchi Jain, Adv. .Respondents Mr. Satyakam, Addl. Standing counsel for Govt. of NCT of Delhi W.P.(C) Nos. 18004-05/2005 & 6351/2006 Page 1 of 9 Mr. Bhagwan Swarup Shukla, CGSC with Mr. Shekhar Gehlot, Adv. for R/UOI. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) ...


Jan 23 2017

M/S a & a Associates vs.m/s Ladly-Co. & Anr

Court: Delhi

Decided on: Jan-23-2017

$~25. * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA852017 and CM APPL. 2749/2017 1. M/S A & A ASSOCIATES ..... Appellant Through: Mr. Vinod Malhotra, Advocate with Mr. Nikhil Malhotra, Advocate versus M/S LADLY-CO. & ANR Through: None ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % The appellant/plaintiff is aggrieved by the judgment dated 24.08.2016 ORDER2301.2017 passed by the trial court in its favour in a suit for recovery of Rs.18,40,000/- instituted by it against the respondents/defendants. By the impugned judgment, the trial court has awarded a decree for a sum of Rs.10 lacs in favour of the appellant/plaintiff alongwith pendentelite and future interest @ 9% per annum from the date of institution of the suit, till realisation.2. Counsel for the appellant/plaintiff states that the trial court ought to have awarded interest for a period of three years reckoned backwards from the date of institution of the suit, i.e., from 23.09.2009. He further states that the rate ...


Jan 23 2017

Adishwar Kumar Jain vs.sarita Gupta

Court: Delhi

Decided on: Jan-23-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. 01.2017 CS(OS) 283/2013 & I.A. 2466/2013 ADISHWAR KUMAR JAIN ..... Plaintiff Through: Mr. Mr. Raman Kapur, Sr. Advocate along with Mr. Dhiraj Sachdeva, Advocate. versus SARITA GUPTA ..... Defendant Through: Mr. Pradeep Dewan, Sr. Adv. with Mr. O.P. Verma and Ms. Anupam Dhingra, Advocate. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT (Oral) 1. This Court had framed the issues in this case on 03.09.2013 and issue No.3 i.e. Whether Suit is barred under Order 2 Rule 2 CPC ?. OPD was treated as preliminary issue.2. Accordingly, arguments of the parties are heard on this issue.3. It is argued by the learned counsel for the plaintiff that he could not have filed the suit for specific performance because the last date of performance of the agreement was 15.01.2013 and that there was no CS(OS) No.283/2013 Page 1 repudiation of the contract by the defendant. In support of his contention, he has relied on the case of Inbasegaran and ...


Jan 20 2017

Pristine Logistics & Infra Projects Pvt. Ltd. & Anr. Vs.m/s. Freightst ...

Court: Delhi

Decided on: Jan-20-2017

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 58/2016, IA Nos.3190/2016 & 15940/2016 PRISTINE LOGISTICS & INFRA PROJECTS PVT. LTD. & ANR. ........ Petitioners Through: Mr Suhail Dutt, Senior Advocate with Mr Sankalp Goswami, Advocate. versus M/S. FREIGHTSTAR PVT. LTD. & ORS. ........ RESPONDENTS Through: Ms Diya Kapur and Ms Manjira Dasgupta, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2001.2017 VIBHU BAKHRU, J1 Pristine Logistics & Infra Projects Private Limited (hereafter Pristine) and Kanpur Logistics Park Private Limited (hereafter Kanpur Logistics) have filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) impugning the arbitral award dated 06.11.2015 (hereafter the impugned award) made by the sole arbitrator, Justice (Retired) S.N. Dhingra, in relation to the Shareholders Agreement dated 30.04.2011 (hereafter Second SHA).2. By the impugned award, the arbitrator has awarded sums aggregating to `...


Jan 20 2017

Santosh vs.ashwani Sharma & Ors.

Court: Delhi

Decided on: Jan-20-2017

$~R-18 & R-19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: January 20, 2016 (i) + MAC.APP. 551/2008 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. L. K. Tyagi, Advocate versus SANTOSH & ORS .....Respondents Through: Mr. S.N. Parashar, Advocate for respondent No.1-claimant (ii) + MAC.APP. 98/2009 SANTOSH ..... Appellant Through: Mr. S.N. Parashar, Advocate versus ASHWANI SHARMA & ORS. .....Respondents Through: Mr. L. K. Tyagi, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT % ORAL Impugned Award grants compensation of `4,65,520/- with interest to respondent-claimant in respect of grievous injuries suffered by one Santosh in a road accident on 27th April, 2004. In the above-captioned first appeal, reduction of compensation is sought whereas in the above- MAC.APPs. 551 & 98 of 2009 Page 1 of 4 captioned second appeal, enhancement of compensation is sought. Since these two appeals arise out of common impugned Award of 27th August, 2008, th...


Jan 20 2017

Gujeshwari Devi Chauhan and Another vs.the Nct Govt of Delhi Through D ...

Court: Delhi

Decided on: Jan-20-2017

$~6 IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.6021/2015 % Judgment pronounced on 20th January, 2017 GUJESHWARI DEVI CHAUHAN & ANR. Petitioners Through: Mr. Anil Kumar Jha with Mr. Alok Kumar Rai and Ms. Vijayalaxmi Jha, Advocates. Versus THE NCT/GOVT OF DELHI THR DIRECTOR EDUCATION AND ORS. Respondents Through: Mr. Naushad Ahmed Khan, ASC with Ms.Astha Nigam, Adv. for the GNCTD. Mr. D.K. Thakur, Adv. for R-4. Mr. Manish Mohan, CGSC with Mr. Shivam Chanana, Ms. Shivangi Sinha and Ms. Manisha Saroha, Advs. for UOI. Mr. L.B. Rai, Adv. for R-6. Mr. Mukesh Kher with Mr. Priyank Kher, Advs. for R-7 CORAM: HON'BLE THE CHIEF JUSTICE HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.1. The present Public Interest Litigation has been filed praying for the following reliefs: issue appropriate order/orders, writ/writs, a) direction/directions the writ of mandamus, commanding the respondents, quash/ strike down, the order dated 18th May, 2015 passed by the respondent No...


Jan 20 2017

Amit Singh Khokhar vs.ambedkar University Delhi and Anr.

Court: Delhi

Decided on: Jan-20-2017

+ % AMIT SINGH KHOKHAR IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.568/2017 20th January, 2017 ........ Petitioner Through: Mr. Santosh Kr. Yadav, Advocate. versus AMBEDKAR UNIVERSITY DELHI AND ANR. ........ RESPONDENTS Through: Mr. M.J.S. Rupal, Advocate for R-1. Mr. Peeyoosh Kalra, Advocate for R CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.2620/2017 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) No.568/2017 and C.M. Appl. No.2619/2017 (for stay) 1. By this writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the replies/rejection letters dated 9.1.2017 and 13.1.2017 given by respondent No.1/employer rejecting the W.P.(C) No.568/2017 Page 1 of 4 candidature of the petitioner for the post of Assistant Registrar with the respondent No.1.2. The case of the petitioner is that as per the advertisement ...


Jan 20 2017

National Insurance Co Ltd vs.santosh & Ors

Court: Delhi

Decided on: Jan-20-2017

$~R-18 & R-19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: January 20, 2016 (i) + MAC.APP. 551/2008 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. L. K. Tyagi, Advocate versus SANTOSH & ORS .....Respondents Through: Mr. S.N. Parashar, Advocate for respondent No.1-claimant (ii) + MAC.APP. 98/2009 SANTOSH ..... Appellant Through: Mr. S.N. Parashar, Advocate versus ASHWANI SHARMA & ORS. .....Respondents Through: Mr. L. K. Tyagi, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT % ORAL Impugned Award grants compensation of `4,65,520/- with interest to respondent-claimant in respect of grievous injuries suffered by one Santosh in a road accident on 27th April, 2004. In the above-captioned first appeal, reduction of compensation is sought whereas in the above- MAC.APPs. 551 & 98 of 2009 Page 1 of 4 captioned second appeal, enhancement of compensation is sought. Since these two appeals arise out of common impugned Award of 27th August, 2008, th...


Jan 20 2017

M/S J P Gupta & Sons vs.malti Narang & Anr

Court: Delhi

Decided on: Jan-20-2017

$~J * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. 01.2017 RC.REV. 336/2016 & CM Nos.24233-24235/2016 M/S J P GUPTA & SONS ........ Petitioner Through Mr.Anil Sapra, Sr. Adv. with Mr.Gamon Mitra, Mr.Gaurav Mahajan, Ms.Rupali Koroon, Mr.Adarsh Rai, Ms.Deepali Dwivediand Mr.Lokesh Chopra, Advs. versus MALTI NARANG & ANR Through None ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. By the present revision petition filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as DRC Act), the petitioner seeks to impugn the order dated 12.02.2016 by which an application filed by the petitioner seeking leave to defend was dismissed and the petition filed by the respondents/landlords under Section 14(1)(e) of the DRC Act was allowed and an eviction order was passed against the petitioner.2. The... RESPONDENTS/landlords filed the eviction petition regarding property No.221, Ground Floor, Ward No.8, Inside Ajmeri Gate, D...


Jan 20 2017

Mount Carmel School vs.delhi Development Authority & Ors

Court: Delhi

Decided on: Jan-20-2017

46 & 47 $~ * + W.P.(C) 408/2017 MOUNT CARMEL SCHOOL Through: IN THE HIGH COURT OF DELHI AT NEW DELHI ........ Petitioner Mr. Romy Chacko, Advocate with Mr. Varun Mudgal and Mr. Ashish Yadav, Advocates. versus DELHI DEVELOPMENT AUTHORITY & ORS ........ RESPONDENTS Through: Ms. Dhanesh Relan, Advocate with Akshita Manocha and Ms. Isha Garg, Advocates for DDA. Mr. Sanjay Jain, ASG and Mr. S. Guru Krishnakumar, Senior Advocate with Mr. Rahul Mehra, Sr. Standing Counsel, Mr. Gautam Narayan, Mr. Santosh Kumar Tripathi, Assistant Standing Counsel, Mr. R.A. Iyer, Ms. R. Sneha and Mr. Tushar Sannu, Ms. Shruthi P. and Mr. S. Banerji, Advocates for GNCT of Delhi. Mr. Anil Arora, Legal Assistant, DoE. And + W.P.(C) 409/2017 SOMERVILLE SCHOOL & ANR Through: ........ Petitioners Mr. Romy Chacko, Advocate with Mr. Varun Mudgal and Mr. Ashish Yadav, Advocates. versus W.P.(C) 408/2017 & W.P.(C) 409/2017 Page 1 of 26 % DELHI DEVELOPMENT AUTHORITY & ORS ........ RESPONDENTS Through: Ms. Dhanesh Relan, Ad...


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