Delhi Court January 2017 Judgments
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Ivrcl Limited vs.indian Oil Corporation Limited & Anr.
Court: Delhi
Decided on: Jan-30-2017
$~25 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P.(I) (COMM.) 27/2017 IVRCL LIMITED ........ Petitioner Through: Mr Vivek Sibal, Mr Sumesh Dhawan and Mr Tannya Baranwal, Advocates. versus INDIAN OIL CORPORATION LIMITED & ANR. ........ RESPONDENTS Through: Mr Abhinav Vashisht, Senior Advocate with Ms Tannishtha Singh and Mr Amit Meharia and Ms Rishita, Advocates. Mr Karan Khanna and Ms Asmita Kumar, Advocate for D-2. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER3001.2017 VIBHU BAKHRU, J The petitioner (hereafter 'IVRCL') has filed the present petition under 1. Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying as under: a) grant an injunction by restraining the respondent No.1, their agents, servants or any other persons claiming through or under them from invoking or en-cashing the bank guarantee dated 21.12.2011 bearing No.043271211000431 for Rs 6,57,94,118/- valid till 31.3.2017 (for claim upto 30.9.2017) and bank guarantee dated...
Sunny vs.state
Court: Delhi
Decided on: Jan-30-2017
* % + + + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:4. h January, 2017 Decided on:30. h January, 2017 CRL.A. 1205/2016 PAWAN STATE Represented by: Mr. M.P. Sharma, Advocate. ..... Appellant versus ..... Respondent Represented by: Mr. Ravi Nayak, APP for the CRL.A. 1206/2016 State with ASI Prem Chand, PS Ali Pur. DURGA STATE Represented by: Mr. M.P. Sharma, Advocate. ..... Appellant versus ..... Respondent Represented by: Mr. Ravi Nayak, APP for the CRL.A. 1207/2016 State with ASI Prem Chand, PS Ali Pur. ..... Appellant RAJINDER KUMAR @ AMAN Represented by: Mr. M.P. Sharma, Advocate. STATE versus ..... Respondent Represented by: Mr. Ravi Nayak, APP for the CRL.A. 1212/2016 State with ASI Prem Chand, PS Ali Pur. CRL.A. Nos. 1205/2016, 1206/2016, 1207/2016, 1212/2016 Page 1 of 7 SUNNY STATE Represented by: Mr. M.P. Sharma, Advocate. ..... Appellant versus ..... Respondent Represented by: Mr. Ashok K. Garg, APP for the State with ASI Prem Chand, PS Ali Pur. CORAM: HON'BLE MS. J...
The New India Assurance Co Ltd vs.shri Raja Ram Yadav & Ors
Court: Delhi
Decided on: Jan-30-2017
$~35 * % + MAC.APP.1077/2013 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. h January, 2017 THE NEW INDIA ASSURANCE CO LTD ..... Appellant Through: Mr. Shoumik Mazumdar, and Mr. Pankaj Seth, Advs. versus SHRI RAJA RAM YADAV & ORS ........ RESPONDENTS Through: Mr. Waize Ali Noor, Adv. for Mr. Kirtiman Singh, CGSC for UOI with Sgt. Vikas Kochar, Air Force. 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.15,72,897/- has been awarded to respondent No.1.2. The accident dated 24th June, 2006 resulted in grievous injuries to respondent No.1. Respondent No.1 was travelling in bus No.AS- 12/3611 which over-turned which resulted in fracture of right femur and open left metalarsal laceration of foot to respondent no.1. The injuries suffered by the respondent No.1 resulted in amputation of right leg below knee. The permanent disability of respondent No.1 was assessed as 40%. Respondent N...
National Highways Authority of India vs.m/s Pcl-Sticco (Jv)
Court: Delhi
Decided on: Jan-30-2017
$~ * F-440. + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. 382/2011 NATIONAL HIGHWAYS AUTHORITY OF INDIA .........Petitioner Through: Mr. Abhishek Kumar with Ms.Arushi Gupta, Advocates. versus M/S PCL-STICCO (JV) ..... Respondent Through: Dr. Amit George, Advocate. CORAM: JUSTICE S. MURALIDHAR % ORDER3001.2017 1. This is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) filed by the National Highways Authority of India (NHAI) challenging a majority Award dated 7th January 2011 passed by the Arbitral Tribunal (AT) in the disputes between the... Petitioner and Respondent M/s. PCL-STICCO (JV) arising out of a Contract Agreement dated 28th August 2001 whereby the Respondent undertook to execute and complete the work of widening of 4/6-lanes and strengthening of existing 2-lane carriageway of NH-5 in the State of Orissa from Km.284.000 to 338.000 (Ganjam- Sunakhala) (NH-5 Package).2. The dispute in the present petition concerns the construction of a granular ...
Tara Chand vs.state of Delhi
Court: Delhi
Decided on: Jan-30-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl.Appeal No.436/2000 Date of Decision:30. h January, 2017 TARA CHAND ........ Petitioner Through Mr.M.K.Vashisht, Adv. versus STATE OF DELHI .. Respondent Through Mr.Panna Lal Sharma, APP with SI Narender Kumar, PS: Prasad Nagar. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.1. The present appeal has been filed under Section 374 Cr.P.C. against judgment dated 06.07.2000 whereby the appellant has been found guilty and convicted for an offence punishable under Section 304 Part II IPC and order on sentence dated 07.07.2000 whereby the appellant has been sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.10,000/- and in default to payment of fine, to undergo simple imprisonment for a period of six months. Crl.Appeal No.436/2000 Page 1 of 12 The fine, if recovered, had been directed to be paid to the heirs of the deceased as compensation.2. The facts of the case, as per the case of the prosecution, in a nutshell a...
Nahar Enterprises Private Limited vs.matis Financials Private Limited
Court: Delhi
Decided on: Jan-30-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI CO. APPL. (M) 168/2016 IN THE MATTER OF: Order Reserved on:14.12.2016 Order Delivered on:30. 01.2017 NAHAR ENTERPRISES PRIVATE LIMITED ...Applicant/Demerged Company AND MATIS FINANCIALS PRIVATE LIMITED Through: Mr. Rajeev K. Goel, Advocate Applicant/Resultant Company CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL SIDDHARTH MRIDUL, J.1. The present application has been filed jointly, under Sections 391(1) of the Companies Act, 1956 (hereinafter referred to as the Act) by Nahar Enterprises Private Limited (hereinafter referred to as the Demerged Company) and Matis Financials Private Limited (hereinafter referred to as the Resultant Company) in connection with the Scheme of Arrangement (hereinafter referred to as the Scheme) for the demerger of the real-estate business of the Demerged Company into the Resultant Company.2. The registered offices of the Applicant Companies are situated within the National Capital Territory of Delhi, within the jurisdicti...
Amit Kumar Gupta vs.indian Oil Corporaton and Ors
Court: Delhi
Decided on: Jan-30-2017
$~ 29 * + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA742017 AMIT KUMAR GUPTA Through: Mr. Krishnendu Datta with Mr. Manish Srivastava, Mr. Arav Kapoor, Ms. Prachi Johri, Mr. Jaspreet S. Chawla and Mr.Aditya, Advocates. .....Appellant versus ....Respondents Through: Mr.Paramjeet Benipal, Advocate for R-1. INDIAN OIL CORPORATON & ORS. CORAM: HON'BLE THE CHIEF JUSTICE HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL % CM No.3682/2017 (exemption) ORDER3001.2017 Allowed, subject to all just exceptions. LPA No.74/2017 & CM Nos. 3680/2017 (stay), 3681/2017 (directions) 1. The present appeal is being preferred against the judgment dated 30.11.2016 passed by the learned Single Judge in W.P.(C) No.4233/2000. The unsuccessful petitioner is the appellant before us.2. It is the case of the appellant that he was employed in the services of the respondent No.1 in the Internal Audit Department and became a permanent employee vide letter dated 01.12.1998 issued by the respondent No.1. However, the appellant t...
Government of Nct of Delhi vs.m/s Y D Builders & Hotels Pvt Ltd
Court: Delhi
Decided on: Jan-30-2017
% + THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:30. 01.2017 FAO(OS) (COMM) 25/2017 GOVERNMENT OF NCT OF DELHI ... Appellant versus ... Respondent M/S Y D BUILDERS & HOTELS PVT LTD Advocates who appeared in this case:-"For the Appellant For the Respondent CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE JAYANT NATH : Mr Rahul Sharma with Mr C. K. Bhatt : Mr M. K. Ghosh with Ms Tina Garg JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM36312017 Allowed subject to all just exceptions. FAO(OS) (COMM) 25/2017 & CM36302017 (stay) 1. This appeal is directed against the order dated 19.10.2016, whereby the learned Single Judge declined to condone the delay of 110 days in re- filing the petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act), being OMP (COMM) 338/2016. FAO (OS)(COMM) 25/2017 Page 1 of 8 2. The facts are that the Arbitral Award was made on 22.10.2015 and the same was received by the appellant herein on...
The New India Assurance Co. Ltd. Vs.dr. Saurabh Kumar Gupta @ Saurabh ...
Court: Delhi
Decided on: Jan-30-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI (i) + MAC.APP. 573/2008 Date of decision: January 30, 2017 DR.SAURABH KUMAR GUPTA @ SAURABH GUPTA Through: Mr. S.P. Singh Chaudhary & Mr. Y.R. Sharma, Advocates ..... Appellant Versus NEW INDIA ASSURANCE CO. LTD. & ORS. .....Respondents Through: Mr. Pankaj Seth, Advocate for respondent No.1 Mr. Akhilesh Kr. Sharma, Advocate for respondent No.3 (ii) + MAC.APP. 600/2008 Through: Mr. Pankaj Seth, Advocate ..... Appellant THE NEW INDIA ASSURANCE CO LTD (iii) + MAC.APP. 602/2008 & C.M.5157/2009 DR. SAURABH KUMAR GUPTA @ SAURABH GUPTA AND ORS. Versus .....Respondents Through: Mr. S.P. Singh Chaudhary & Mr. Y.R. Sharma, Advocates for respondent No.1 Mr. Akhilesh Kr. Sharma, Advocate for respondent No.3 MAC.APP.573, 600 & 602 of 2008 Page 1 of 7 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % ORAL1 JUDGMENT The above captioned three appeals are directed against common impugned Award of 2nd August, 2008 vide which compensation of `15,90,000/- and `2,75,000/- wi...
Union of India vs.phool Singh & Ors.
Court: Delhi
Decided on: Jan-30-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI $~R-22 * + W.P. (C) 4807/2002 % UNION OF INDIA Date of Judgment:30. h January, 2017 ........ Petitioner Through: Mr. Bhagwan Swarup Shukla, CGSC with Mr. Shambhu Chaturvedi, Advocate. Versus PHOOL SINGH & ORS ........ RESPONDENTS Through: Mr. S.K. Gupta, Advocate. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL G.S.SISTANI, J.(ORAL) 1.2. Rule DB in this matter was issued on 09.08.2002 Challenge in this writ petition is to the order dated 04.01.2002 passed by the Central Administrative Tribunal (hereinafter referred to as the Tribunal). The respondents No.1 and 2 had filed an OA23472000 before the Tribunal seeking a direction to quash and set-aside the letter dated 12.10.2000, by which the respondents No.1 and 2 were asked to give fresh options for the fixation of their pay which could put the respondents No.1 and 2 to disadvantage.3. At the outset, it would be relevant to mention that the Scheme of Time Bound One Promotion (...
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