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Delhi Court October 2017 Judgments

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Oct 31 2017 (HC)

Shadab Khairi and Anr vs.the State (Govt of Nct of Delhi) and Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:31. 10.2017 + W.P.(C) 866/2016 and CM Nos. 23434/2017, 17173/2017 ........ Petitioners ........ RESPONDENTS SHADAB KHAIRI AND ANR Versus THE STATE (GOVT OF NCT OF DELHI) AND ORS Advocates who appeared in this case: For the... Petitioner For the Respondent :Mr Viresh B. Saharya and Mr Akshant Agarwal. :Mr Jayant Bhatt, Ms Shivani Sharma and Mr Vipin Kumar for Complainant. Ms Aayush Gupta for Mr Raman Duggal, Standing Counsel for GNCTD(Civil) for R-1 and R-2 with ASI kanwarpal for PS Hauz Qazi. CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J JUDGMENT1 The petitioners- who are the sons of respondent no.3- have filed the present petition impugning the order dated 10.12.2015 (hereafter the impugned order) passed by the Maintenance Tribunal, Central District constituted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereafter the Act). By the impugned order, the Tribunal has, inter alia, directe...

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Oct 31 2017 (HC)

Mahender Virmani vs.balbir Singh Duggal & Anr

Court: Delhi

* + + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : October 31st, 2017 RFA1242007 MAHENDER VIRMANI ..... Appellant Through Mr.Sanjeev K. Tandon, Mr.R.V. Naik and Mr.Dev Pujari, Advs. versus BALBIR SINGH DUGGAL & ANR None. Through ..... Respondent AND RFA462007 MAHENDER VIRMANI ..... Appellant Through Mr.Sanjeev K. Tandon, Mr.R.V. Naik and Mr.Dev Pujari, Advs. versus BALBIR SINGH DUGGAL & ANR None. Through .....Respondent CORAM: HON'BLE MR. JUSTICE P.S.TEJI JUDGMENT P.S.TEJI, J.RFANos.124/07&Page 1of 13 The appellant has filed two appeals being aggrieved 1. by the common judgment and decree dated 20.10.2006 passed by the learned Additional District Judge, Delhi whereby the Suit no.120/filed by the appellant-Mahender Virmani was dismissed whereas Suit no.125/filed by the respondents- Balbir Singh Duggal and others was decreed in their favour. by the appellant-Mahender Virmani It is apparent from the record that two suits were 2. filed by the parties against each other. ...

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Oct 31 2017 (HC)

Bijender Singh Panwar vs.director of Education & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. t October, 2017 + W.P.(C) 5591/2013 BIJENDER SINGH PANWAR ........ Petitioner Through: Dr. Vijendra Mahndiyan & Ms. Pallavi Awasthi, Advocates Versus DIRECTOR OF EDUCATION & ANR. ........ RESPONDENTS Through: Mr. Naushad Ahmed Khan, Addl. Standing Counsel & Mr. Manzar Anis, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT1... Petitioner is a retired Trained Graduate Teacher (hereinafter referred to as TGT), who had retired from Shaeed Udham Singh Samarak (Co-Ed) Secondary School (Recognized & Aided), Shastri Nagar, Delhi on 30th June, 2013 and is aggrieved by withholding of Selection Grade benefits granted to him since the year 1985. The challenge in this writ petition is to the noting in impugned letter of 22nd July, 2013 (Annexure P-8 colly). Infact, vide impugned noting, first respondent had sought information regarding details of recovery, if any, and vide subsequent letter of 13th August, 2013, petition...

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Oct 31 2017 (HC)

Neelam Jain vs.government of Nct Delhi & Anr

Court: Delhi

$~1& 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9479/2017 MANJU JAIN ........ Petitioner Through: Shri Venkatesh and Mr Varun Singh, Advocates. versus GOVERNMENT OF NCT DELHI & ANR Through: Mr Satyakam, ASC, GNCTD. ........ RESPONDENTS + W.P.(C) 9546/2017 AND NEELAM JAIN ........ Petitioner Through: Shri Venkatesh and Mr Varun Singh, Advocates. versus GOVERNMENT OF NCT DELHI & ANR Through: Mr Satyakam, ASC, GNCTD. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER3110.2017 JUSTICE VIBHU BAKHRU, J CM No.38559/2017 in W.P.(C) 9479/2017 CM No.38840/2017 in W.P.(C) 9546/2017 1.2. Allowed, subject to all just exceptions. The application are disposed of. W.P.(C) 9479/2017 &W.P.(C) 9546/2017 W.P. (C) 9479/2017 & W.P. (C) 9546/2017 Page 1 of 8 3. The petitioners have filed these petitions challenging the communication dated 04.08.2017 (hereafter 'the impugned letter') passed by respondent no.2 pursuant to their respective applications for refund of stamp duty.4. T...

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Oct 31 2017 (HC)

Ramji Yadav vs.raj Kumar & Anr.

Court: Delhi

$~ R-386 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t October, 2017 + MAC.APP. 786/2011 RAMJI YADAV Through: None. ..... Appellant versus RAJ KUMAR & ANR. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant had instituted Accident Claim case (MACT Case No.650/10/06) on 23.09.2006 alleging that he had suffered injury in the motor vehicular accident which took place on 21.04.2006 on being hit by bus bearing registration No.HP-34A-5428 (the bus) which, according to his case, was driven in a rash manner, reference being made to corresponding criminal case vide First Information Report bearing No.1in Police Station Alipur. The Tribunal held inquiry and, by judgment dated 03.05.2011, returned a finding holding that the MAC.APP. 786/2011 Page 1 of 2 claimant had failed to prove that he had suffered injuries on account of negligent driving of the bus in a motor vehicular accident.2. The appeal was filed seeking to assail the a...

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Oct 31 2017 (HC)

M/S Ess Advertising (Mauritius) s.n.c.et Compagnie (Earlier Known as M ...

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 11968/2016 M/S ESS DISTRIBUTION (MAURITIUS) S.N.C.ET COMPAGNIE Reserved on: October 10, 2017 Date of decision: October 31, 2017 ........ Petitioner Through: Mr. Porus Kaka, Senior Advocate with Mr. Prakash Kumar, Mr. Manish Kanth, Mrs. Rashmi Singh, Mr. Divesh Chawla, Advocates. versus ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1(2)(2) INTERNATIONAL TAXATION, NEW DELHI ..... Respondent Through: Mr. Rahul Chaudhary, Senior standing counsel with Mr. Sanjay Kumar, Advocate. + With W.P.(C) 11971/2016 M/S ESS ADVERTISING (MAURITIUS) S.N.C.ET COMPAGNIE (EARLIER KNOWN AS M/S ESPAN STAR SPORTS MAURITIUS S.N.C.ET COMPAGNIE) ........ Petitioner Through: Mr. Porus Kaka, Senior Advocate with Mr. Prakash Kumar, Mr. Manish Kanth, Mrs. Rashmi Singh, Mr. Divesh Chawla, Advocates. versus ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2)(2) INTERNATIONAL TAXATION, NEW DELHI Through: Mr. Rahul Chaudhary, Senior ..... Respondent WP (C) 11968/2016...

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Oct 31 2017 (HC)

United India Insurance Co. Ltd. Vs.rajender Singh & Anr.

Court: Delhi

+ % UNITED INDIA INSURANCE CO. LTD. Through: versus RAJENDER SINGH & ANR. 31st October, 2017 ..... Appellant Mr. Pankaj Seth, Advocate. * IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.258/2016 and C.M. No.21146/2016(stay) ........ RESPONDENTS Through: Mr. R.K. Nain, Advocate for respondent no.1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) 1. This first appeal under Section 30 of the Employees Compensation Act, 1923 (hereinafter referred to as the Act) is filed by the appellant/insurance company, respondent no.2 in the proceedings before the Employees Compensation Commissioner, impugning the judgment of the Employees Compensation Commissioner dated 16.3.2016 which has allowed the claim petition filed by the respondent no.1 herein, and granted compensation of Rs.8,24,265/- along with interest after 30 days of the date of accident. FAO No.258/2016 Page 1 of 13 2. The facts of the case are that respondent no.1/claimant pl...

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Oct 31 2017 (HC)

Ambika Bisht vs.govt. Of Nct & Ors

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: October 31, 2017 W.P.(C) 9624/2017 & CMs. 39172-73/2017 AMBIKA BISHT ........ Petitioner Through: Ms. Sumati Sharma and Ms. Neetu Sethi, Advocates versus GOVT. OF NCT & ORS .....Respondents Through: Ms. Manika Tripathy Pandey and Mr. Ashutosh Kaushik, Advocates for respondents No.1, 2, 4 & 5 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Vide order of 18th October, 2016, disciplinary action was initiated against petitioner, who was a Head-Clerk in respondent-Academy and petitioner claims that in terms of this very order of 18th October, 2016 (Annexure A-1), petitioner has been suspended w.e.f. 18th October, 2016 itself and the said suspension order is illegal because it has been passed by the Acting Secretary. It is submitted by learned counsel for petitioner that as per the O.M. of 24th January, 1963, an Officer performing current duties of a post cannot exercise statutory powers under the Rules. The relevant extract...

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Oct 31 2017 (HC)

Manjeet Kaur vs.govt. Of Nct of Delhi & Ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 6158/2016 MANJEET KAUR Date of decision:31. t October, 2017 ........ Petitioner Through: Mr. B. Tripathy and Mr. Randhir Pandey, Advs. versus GOVT. OF NCT OF DELHI & ORS Through: Mr. Siddarth Panda, Adv. for R1 ........ RESPONDENTS and R2. Mr. N.K. Jha, Adv. for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J (ORAL) 1.... Petitioner claims to be the owner of land bearing Khasra Nos. 66Min (00-12) and 66(01-08) admeasuring in total 2 Bigha situated within the Revenue Estate of Village Satbari, Tehsil Saket, District South, in the National Capital Territory of Delhi. It is the submission of the leaned counsel for the petitioner that in respect of the land in question, i.e., Khasra No.66min (00-12) and 66(01-08) total admeasuring 2 Bigha situated at the Revenue Estate of Village-Satbari, New Delhi forming part of 13 villages, Notification under Section 4 of the Land Acquisition Act was iss...

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Oct 31 2017 (HC)

Brij Mohan & Ors vs.m/s Om Parkash Fateh Chand Ltd & Ors.

Court: Delhi

$~OS-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CS(OS) 2307/2014 & I.A. 14430/2014 Date of decision:31. 10.2017 BRIJ MOHAN & ORS Through Mr.Kundan Kumar Lal, Adv. ..... Plaintiffs versus M/S OM PARKASH FATEH CHAND LTD & ORS....Defendants Through Mr.Ravikesh K.Sinha, Advocate CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) IA. No.6502/2015 1. This application is filed under Order 6 Rule 17 CPC seeking amendment of the plaint.2. The plaintiffs have filed the present suit seeking a decree of possession in respect of the certain portions of the property bearing Municipal Nos.8711 to 8715, Ward No.XV, Desh Bandhu Gupta Road, Paharganj, New Delhi- 110055. A decree is also sought for direction to the defendants to hand over the chain of documents to the plaintiffs. Mesne profits/damages are also sought.3. The case of the plaintiffs is that they are the owners of the respective shares of the suit property through eight sale deeds executed by the defendants out of property bea...

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