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Delhi Court January 2017 Judgments

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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...


Jan 31 2017

T T Limited vs.union of India and Anr

Court: Delhi

Decided on: Jan-31-2017

$~15 *IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 2000/2016 Judgment delivered on:31. 01.2017 T T LIMITED versus UNION OF INDIA AND ANR Advocates who appeared in this case: ........ Petitioner ........ RESPONDENTS For the... Petitioner : Ms. Shilpi Jain Sharma, Advocate. : For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Sanjeev Narula, CGSC for UOI with Mr. Abhishek Ghai, Advocate. JUDGMENT3101.2017 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner is aggrieved by an inaction of the respondents in complying with the directions issued by a Division Bench by judgment dated 07.01.2016 in W.P.(C) 6732/2015 titled T.T. Limited vs. Union of India & Anr., whereby, the Division Bench directed the respondent No.2 to ensure that a speaking order is passed in terms of Clause (ii) of paragraph 3.14.4 (c) and 3.14.5(c) of Foreign Trade Policy, 2009 2014 regarding the claims made by the petitioner. The W.P.(C) No.2000/2016 Page 1 of 6 exercise was directed to be completed w...


Jan 31 2017

Iffco Tokio General Insurance Co. Ltd. Vs.sudesh Sharma & Ors.

Court: Delhi

Decided on: Jan-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31. t January, 2017 $~26 * % + MAC.APP. 806/2013 IFFCO TOKIO GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Abhishek Kumar Gola, Advocate versus SUDESH SHARMA & ORS. ........ RESPONDENTS Through: Mr.S.R. Parashar, Mr. S.S. Parashar, Mr.Anand Parashar, Advs. for respondents no.1 to 6. 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.36,91,825/- has been awarded to respondents no.1 to 6.2. The accident dated 6th November, 2011 resulted in the death of Rajesh Sharma. The deceased was aged 38 years at the time of the accident and was survived by his widow, three minor children and parents who filed the claim petition before the Claims Tribunal. The deceased was working as a contractor. The Claims Tribunal took his annual income as Rs.1,98,923/- on the basis of his income tax returns, added 50% towards future prospects, deducted 1...


Jan 31 2017

m/s.advance High Tech Security vs.government of Nct of Delhi & Ors.

Court: Delhi

Decided on: Jan-31-2017

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 8974/2015 & CM202352015 Judgment delivered on:31. 01.2017 SUDARSHAN KUMAR versus UNION OF INDIA & ORS. ....... Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner For the Respondent No.1 For the Respondent Nos. 2, 3 & 4 : Mr Ashish Garg. : Mr Nitin Soni with Mr Deepjyot Singh & Mr Kewin Kunjappy. : Mr Yeeshu Jain, Standing counsel with Ms Jyoti Tyagi. : Mr Sushil Dutt Salwan. For the Respondent No.5 CORAM:-"HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE ASHUTOSH KUMAR 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 referr...


Jan 31 2017

Delhi Development Authority vs.m/s Engineering & Industrial Corporatio ...

Court: Delhi

Decided on: Jan-31-2017

$~14 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI RSA1532015 Date of Decision: January 31, 2017 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through: Mr.Rajiv Bansal, Mr.Shlok Chandra and Mr.Anurag Tripathi, Advocates. versus M/S ENGINEERING & INDUSTRIAL CORPORATION PVT LTD ..... Respondent Through: Mr.Jagmohan Sabharwal, Senior Advocate instructed by Mr.Vijay Kishan Jetly and Mr.Rajneesh Vats, Advocates. CORAM: HONBLE MS. JUSTICE PRATIBHA RANI JUDGMENT (Oral) CM No.7543/2015 in RSA No.153/2015 1. It appears that cases are coming up before this Court, and probably before the High Courts also, where appeals or writ petitions are filed after inordinate delay and an explanation is sought to be given in the application for condonation of delay in such cases filed by the government or the State Authorities that the file was moved from one desk to another or the approval was sought from the higher authority which took considerable time. We feel that the beneficiary of the judgment may be han...


Jan 31 2017

Smt. Shobha & Ors. Vs.geeta Senior Secondary School no.ii and Ors.

Court: Delhi

Decided on: Jan-31-2017

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.5852/2008 31st January, 2017 SMT. SHOBHA & ORS. ........ Petitioners Through: Mr. Ashok Aggarwal, Advocate. versus GEETA SENIOR SECONDARY SCHOOL NO.II AND ORS. Through: ........ RESPONDENTS Mr. Santosh Kumar Tripathy, Advocate with Mr. Rizwan, Advocate for respondent No.3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Three petitioners have filed this writ petition impugning the actions of the respondent no.1/school and the respondent no.3/Director of Education in not appointing the petitioners as Assistant Primary Teachers pursuant to the advertisement issued on 18.12.2007.2. So far as the petitioner no.1 is concerned, the Director of Education has filed the counter affidavit stating that petitioner no.1 never applied for the post in question. I have put it to the counsel for W.P.(C) No.5852/2008 Page 1 of 4 the petitioners that what is the proof filed that petitio...


Jan 31 2017

Maruti Suzuki India Limited vs.delhi Auto General Finance Private Limi ...

Court: Delhi

Decided on: Jan-31-2017

$~6 to 9. * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA8512015 Reserved on:16. 12.2016 Date of decision:31. 01.2017 versus ..... Appellant Through: Mr. Manik Ahluwalia, Advocate IN THE MATTER OF: MARUTI SUZUKI INDIA LIMITED DELHI AUTO GENERAL FINANCE PRIVATE LIMITED..... Respondent Through: Dr. Kamini Lau, applicant in CM APPL. 33469/2016. Ms. Zubeda Begum, Advocate, appointed as Amicus Curiae. RFA692016 Through: None + MEENA KUMARI RAJENDER KUMAR & ANR versus ..... Appellant ........ RESPONDENTS Through: Dr. Kamini Lau, applicant in CM APPL. 33472/2016. Ms. Zubeda Begum, Advocate, appointed as Amicus Curiae. RFA762016 ..... Appellant + MUKESH KUMAR GUPTA Through: Dr. N. Pradeep Sharma, Advocate with Mr. S.K. Rout and Mr. Pawan Kumar, Advocates RFA8512015, 69/2016, 76/2016 and 304/2016 Page 1 of 8 RAJNEESH GUPTA & ORS versus ........ RESPONDENTS Through: Dr. Kamini Lau, applicant in CM APPL. 33473/2016. Ms. Zubeda Begum, Advocate, appointed as Amicus Curiae. + RFA3042016 TDI INFRASTR...


Jan 31 2017

Dinesh Kumar & Anr. Vs.union of India & Ors.

Court: Delhi

Decided on: Jan-31-2017

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 10125/2015 & CM249192015, 12197/2016 & 45458- Judgment delivered on:31. 01.2017 59/2016 DINESH KUMAR & ANR. versus UNION OF INDIA & ORS. ....... Petitioners ........ RESPONDENTS : Ms Richa Oberoi. : Mr V.P. Singh. : Mr Yeeshu Jain with Ms Jyoti Tyagi. : Mr Dhanesh Relan with Ms Isha Garg. Advocates who appeared in this case: 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. 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. 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 W.P.(C) No.10...


Jan 31 2017

Cdr s.p.puri (Dead) by Lrs. Vs.agricultural Produce Market Committee

Court: Delhi

Decided on: Jan-31-2017

% $~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP No.518 of 2012 Reserved on: December 19 2016 Date of Decision: January 31, 2017 CDR S.P.PURI (DEAD) by LRs. ....... Petitioner Through Mr. Deeptakirti Verma with Ms. Neha Sharma, Advocates. versus AGRICULTURAL PRODUCE MARKET COMMITTEE ..... Respondent Through: Ms. Avnish Ahlawat and Ms. Latika Chaudhary Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT3101.2017 1. The challenge in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) filed by the... Petitioner, Cdr. S.P. Puri as Sole Proprietor of M/s. Spiral Services, is to an Award dated 1st February 2012 passed by the learned sole Arbitrator in the disputes between the... Petitioner and the Respondent, Agricultural Product Market Committee (APMC).2. At the outset it requires to be noticed that during the pendency of the present petition, Cdr. S.P. Puri expired. By an order dated 9th November 2016 his legal representatives (LRs) were substituted in his p...


Jan 31 2017

Pinnacle Textiles Private Limited vs.indus Garments Private Limited

Court: Delhi

Decided on: Jan-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:14. 12.2016 Judgment Delivered on:31. 01.2017 CO.PET.325/2016 PINNACLE TEXTILES PRIVATE LIMITED ...Petitioner/Transferor Company No.1 AND MAYA CLOTHING PRIVATE LIMITED ...Petitioner/Transferor Company No.2 AND SAGA TEXTILES PRIVATE LIMITED ...Petitioner/Transferor Company No.3 AND ZENITH CLOTHING COMPANY PRIVATE LIMITED AND ...Petitioner/Transferor Company No.4 D & S HOSIERY & WOLLEN MILLS PRIVATE LIMITED WITH ...... Petitioner/Transferor Company No.5 INDUS GARMENTS PRIVATE LIMITED ...... Petitioner Company No.6/Transferee Company CO.PET.325/2016 Page 1 of 12 Through: Mr. Praveen K. Mittal, Advocate for... Petitioners Ms. Aparna Mudiam, AROC for RD Mr. Rajiv Bahl, Advocate for OL CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J.1. This joint Petition has been filed under Sections 391 and 394 of the Companies Act, 1956 (hereinafter referred to as the Act) by Pinnacle Textiles Private Limited (hereinafte...


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