Delhi Court November 2017 Judgments
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Anirudh Kumar Pandey vs.management of Modern Public School & Ors.
Court: Delhi
Decided on: Nov-30-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. 11.2017 LPA6202017 & CM No.34163/2017 (condonation of delay of 193 days in filing of appeal) ANIRUDH KUMAR PANDEY ..... Appellant Through: Mr. Anuj Aggarwal, Advocate along with Mr. Tenzing Thinlay Lepcha, Advocate. versus MANAGEMENT OF MODERN PUBLIC SCHOOL & ORS. ........ RESPONDENTS Through: Mr. Neeraj Malhotra, Sr. Advocate along with Mr. B.C. Pandey, Mr. S.P. Kamrah, Mr. Rupal Lutara and Mr. Abhinandan, for respondent No.1 and respondent No.2. Mr. Satyakam, ASC for GNCTD along with Mr. Akshay Agarwal, Advocate of Education/R-3. for Directorate Advocates CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA HON'BLE MS. JUSTICE DEEPA SHARMA1 Vide this appeal, the appellant has impugned the order dated 27.01.2017 by which the learned Single Judge of this Court in W.P.(C) No.LPA6202017 Page 1 6873/2008 set aside the judgment of the Delhi School Tribunal dated 26.08.2008, holding that the appellants resi...
Smt. Shabana & Anr. Vs.the State
Court: Delhi
Decided on: Nov-30-2017
$~R-19. * + % CRL.A. 722/2014 SMT SHABANA & ANOTHER IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. 11.2017 ..... Appellants Through: Mr. Joginder Tuli, Ms. Oshin Belove, Ms. Divya Jangid, Ms. Joshini Tuli & Ms. Ashu Sharma, Advocates. Versus THE STATE .....Respondent Through: Ms. Aashaa Tiwari, APP for the State. CORAM: HONBLE MR. JUSTICE VIPIN SANGHI HONBLE MR. JUSTICE P. S. TEJI VIPIN SANGHI, J.(ORAL) 1. The present appeal is directed against the judgement dated 18.11.2013 passed by the learned Additional Sessions Judge, Dwarka Courts, New Delhi in Sessions Case No.32/2013 arising out of FIR No.105/2011 registered at PS Bindapur under Section 302/ 34 IPC. The appellants along with another co-accused Salman were convicted by the Trial Court. Salman, however, being a juvenile was dealt with accordingly.2. The appellants have been sentenced to life imprisonment by the order Crl.A. 722/2014 Page 1 of 14 on sentence dated 29.11.2013, along with fine of Rs.5,000/-. In defaul...
Surender Kumar Gupta vs.jagdish Rawat & Anr
Court: Delhi
Decided on: Nov-30-2017
$~23 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :-"30th November, 2017 CM(M) 1035/2017 & CM No.34128/2017(stay) SURENDER KUMAR GUPTA ........ Petitioner Through: Mr. Ashok Gurnani, Adv. versus JAGDISH RAWAT & ANR ........ RESPONDENTS Through: Mr. Atul Sharma, Adv. for R2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The issue raised in the present petition essentially is between the petitioner on one hand and the second respondent on the other, she having been impleaded as a party to the civil suit instituted by the petitioner, which is pending trial in the court of the Senior Civil Judge, East. In the civil suit, the petitioners case was that the first respondent (the husband of the second respondent) was a tenant. The possession of the demised premises has already been taken over by the petitioner. The suit survives only for the recovery of mesne profits.2. The second respondent has been allowed to be impleaded as the second defendant on her application under Ord...
Mohd Khalid vs.dharamveer & Ors
Court: Delhi
Decided on: Nov-30-2017
$~R-600 & 601 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h November, 2017 + MAC. APPEAL No.997/2012 MOHD KHALID ..... Appellant Through: Mr. N.K. Jha, Advocate. versus DHARAMVEER & ORS + MAC. APPEAL No.998/2012 Through: AFSAR ALI ..Respondents Mr. Pankaj Seth, Advocate for R-3. ..... Appellant Through: Mr. N.K. Jha, Advocate. versus DHARAMVEER & ORS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA R-3. Through: Mr. Pankaj Seth, Advocate for ..Respondents JUDGMENT (ORAL) 1. The awards on the accident claim cases (MACT case Nos. 153/and 154/12/09) of the two appellants herein, both instituted on 24.10.2009, seeking compensation for injuries and permanent disability suffered in motor vehicular accident that occurred on MAC App. No.997/2012 & 998/2012 Page 1 of 2 21.03.2009, are found to be prima facie perverse and deficient for the reason that the Tribunal having noted at one stage (paras 24 and25) of the impugned judgment dated 31.05.2012, that they had been rendered permanently disabled...
Aten Capital Pvt. Ltd. Vs.candor Gurgaon Two Developers & Projects pvt ...
Court: Delhi
Decided on: Nov-30-2017
$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. h November, 2017 Pronounced on:30. h November, 2017 + O.M.P. (COMM) 424/2017 & IA No.13967/2017 ATEN CAPITAL PVT. LTD. Through : Mr.Rajat Navet, Adv. ........ Petitioner versus CANDOR GURGAON TWO DEVELOPERS & PROJECTS PVT.LTD ..... Respondent Through : Mr.Ciccu Mukhapadhya, Sr. Adv. with Mr.Aakash Bajaj, Adv. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. Before coming to the objections under Section 34 of the Arbitration and Conciliation Act, 1996, let me state in brief the facts of this case.2. On 4.10.2012 an Inter Corporate Deposit (ICD) Agreement for a sum of Rs.45 crore was executed between the petitioner and the respondent (the respondent was then known as Unitech Developers & Projects Ltd.) On 06.11.2012 and on 6.12.2012 two other Inter Corporate Deposit Agreements dated 16.11.2012 (for a sum of Rs. 30 crores) and dated 6.12.2012 (for a sum of Rs. 18 O.M.P. (COMM.) 424/2017 Page 1 of 6 crores) were als...
Gajinder vs.govt of Nct of Delhi & Ors.
Court: Delhi
Decided on: Nov-30-2017
$~R-69 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:30. h November, 2017 + W.P. (C.) No.12149/2015 GAJINDER Through Mr. Lalit Kumar Rawal and Mr. Sunil ........ Petitioner versus K. Goel, Advocates GOVT OF NCT OF DELHI & ORS. ........ RESPONDENTS Through Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Mr. Kush Sharma, Mr. Ekant Luthra and Mr. Saagar Bhatia, Advocates for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. This is a petition filed under Article 226 of the Constitution of India by the petitioner. The petitioner seeks a declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra no.281/4(10-11), 282/4(10-03) and 80(2-8), total area 23 bighas 02 biswas having 1/12th share measuring 01 bigha 19 biswas and 03 biswasi, situated in the revenue estate of village Ghari Mandu, Shahdara, Delhi (hereinafter referred to as the subject lan...
Nsk India Sales Company Private Limited vs.proactive Universal Trading ...
Court: Delhi
Decided on: Nov-30-2017
$~2(CS) * IN THE HIGH COURT OF DELHI AT NEW DELHI + DECIDED ON :30. h NOVEMBER, 2017 CS(COMM) 33/2016 NSK INDIA SALES COMPANY PRIVATE LIMITED Through: Mr. Ajit Warrier, Mr. Aditya Naiyyar and Mr. Anish Gupta, Advocates. ..... Plaintiff versus PROACTIVE UNIVERSAL TRADING COMPANY PRIVATE LIMITED ..... Defendant Through: Mr. Atul Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(Oral) IA No.14363/2016 (u/O13 Rule 2 CPC) 1. The instant IA preferred by the plaintiff under Order 13A Rule 2 of the Code of Civil Procedure, 1908 (as amended by Section 16(1) of the Commercial Courts Act, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015) for summary judgment is contested by the defendant.2. I have heard the learned counsel for the parties and have examined the file. The plaintiff has filed the instant suit for recovery of `7,41,37,369/- along with pendente lite and future interest against the defendant; it was filed on 15.01.2016. It is being cont...
Rukmani Devi Pathak vs.b. N. Vaish & Anr.
Court: Delhi
Decided on: Nov-30-2017
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI [[[[ + W.P.(C) No.7379/2013 Date of Decision:30. 11.2017 RUKMANI DEVI PATHAK ........ Petitioner Through Mr.Harshit Sanwal, Adv. versus ........ RESPONDENTS Through Mr.Saurabh Chadda, Adv. with Ms.Alka Dhupar, ASO from the Deptt. B.N. VAISH & ANR. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI HIMA KOHLI, J (ORAL) 1. The legal heir of late Shri B.K. Pathak/petitioner herein, has prayed for quashing the order dated 28th June, 2013, passed by Central Administrative Tribunal, Principal Bench, New Delhi in C.P. No.61/2004 filed against the respondent/Indian System of Medicare & Homeopathy, on the ground that they had not complied with the order dated 31st July, 1992 passed by the Tribunal in O.A12071990, the order dated 26th February, 1996 passed in CP No.227/1995 and the WP(C) No.7379/2013 Page 1 of 12 order dated 11th October, 2001 passed by the Supreme Court in C.A. No.213/1999.2. Before dealing with the submissions mad...
The Oriental Insurance co.ltd. Vs.sukhbir Singh & Ors.
Court: Delhi
Decided on: Nov-30-2017
$~R-597 IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 990/2012 Decided on:-"30th November, 2017 THE ORIENTAL INSURANCE CO.LTD. ..... Appellant Through: Mr. A.K. Soni, Adv. versus SUKHBIR SINGH & ORS. ........ RESPONDENTS Through: Ms. Kavita Tyagi & Mr. Navneet Goyal, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The insurer presses the present appeal, directed against the judgment dated 22.05.2012, on the accident claim case of the first respondent (the claimant), where the tribunal awarded a compensation in the total sum of Rs.6,88,000/-, on the grounds that the inclusion of Rs.1,50,000/- for pain and sufferings and Rs. 2,00,000/- for loss of amenities to life and convenience were excessive and the direction to pay Rs.31,000/- as counsel fee and 5,000/- as out of pocket expenses was improper.2. Having heard both sides, the contentions about the quantum are found to be without merit. It may be noted that claimant had sustained fracture on left leg, dislocation of r...
Colonel Manjunath b.t. Vs.union of India and Ors.
Court: Delhi
Decided on: Nov-30-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI $~71. * + W.P.(C) 10669/2017 COLONEL MANJUNATH B.T. ........ Petitioner Through: Ms. Jyoti Singh, Sr. Advocate with Mr. Dinesh Yadav, Ms. Tinu Bajwa and Mr. Himanshu Gautam, Advocates.1. versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr.Waize Ali Noor, Mr. Kirtiman Singh and Mr. Prateek Dhanda, Advocates. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % The petitioner, who is posted as a Colonel in the Director General ORDER3011.2017 Quality Assurance, has impugned the upgradation lists of September, 2006, November, 2008, January, 2010 and December, 2014 on the ground that the said lists have incorrectly fixed his seniority. The petitioner also seeks quashing of the order dated 19.01.2017 passed by the Ministry of Defence, Government of India, rejecting his statutory complaint dated 28.01.2016 against fixing his seniority and non-implementation of the redressal granted to him by the respondents vide order date...
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