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Delhi Court November 2017 Judgments

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Nov 30 2017

Rati Ram vs.govt of Nct of Delhi & Ors.

Court: Delhi

Decided on: Nov-30-2017

$~R-68 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:30. h November, 2017 + W.P. (C.) No.12145/2015 RATI RAM 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. Ashutosh Ghade and Mr. Nikhil Goel, 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 land) is deemed to h...


Nov 30 2017

Vaibhav Gupta & Ors. Vs.union of India

Court: Delhi

Decided on: Nov-30-2017

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h November, 2017 % + W.P.(C) 1323/2017 VAIBHAV GUPTA & ORS. ........ Petitioners Through: Mr. Sumit Gaur, Adv. Mr. Sanjeev Chhikara and Mr. Ravinder Nain, Advs. versus UNION OF INDIA ..... Respondent Through: Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Adv. for L&B/LAC. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO1 G.S.SISTANI, J.(ORAL) This is a petition under Article 226 of the Constitution of India filed by the petitioners seeking a writ of mandamus to quash the order dated 29th October, 2015 passed by the ADM/LAC (West). A direction is also sought to refer the reference under Section 18 of the Land Acquisition Act to the Court of learned Additional District Judge for determination of the market value of the acquired land. Pleadings in this matter are complete.2. Counsel for the Land Acquisition Collector (LAC) submits that it is not necessary to file the counter-affidavit. ...


Nov 30 2017

Chetan Yadav vs.delhi Technological University & Anr

Court: Delhi

Decided on: Nov-30-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 30, 2017 + W.P.(C) 10076/2017 & CM411822017 1. CHETAN YADAV ........ Petitioner Through: Mr. M.P. Sinha, Advocate versus DELHI TECHNOLOGICAL UNIVERSITY & ANR..Respondents Through: Ms. Avnish Ahlawat and Ms. Palak Rohmetra, Advocates for respondent No.1-DTU Mr. Ravinder Agarwal, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) In this petition, benefit of relaxation of 5% marks is sought by petitioner by virtue of being an OBC candidate and in terms of the University Grants Commission (Minimum Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and other Measures for the Maintenance of Standards in Higher Education) Regulations, 2010 (Annexure P-1 colly.) (hereinafter referred to as the UGC Regulations, 2010). The precise stand taken on behalf of respondent-University is that the UGC Regulations, 2010 do not bind respondent-University as it ...


Nov 30 2017

Capacite Infrapojects Limited vs.ramprastha Promoters & Developers Lim ...

Court: Delhi

Decided on: Nov-30-2017

$~30 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB. P.218/2017 Date of decision:30. h November, 2017 CAPACITE INFRAPOJECTS LIMITED ........ Petitioner Through Mr.Rishi Bhatnagar and Ms.Tarinia Sahai, Advs. versus RAMPRASTHA PROMOTERS & DEVELOPERS LIMITED Through Mr.Anil Airi, Sr. Adv. with ..... Respondent Mr.Harpreet Singh Popli, Ms.Sukanya Lal, Ms.Sadhna Sharma and Ms.Kamakshi, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to the Act) has been filed by the petitioner praying for appointment of an Arbitrator for adjudication of the disputes that have arisen between the parties under the agreement dated 22.03.2013 for Construction of Multistoried Housing Complex, "Rise" at Ramprastha City, Sector 37-D, Gurgaon, Haryana. Arb.P.218/2017 Page 1 2. It is contended by the learned counsel for the petitioner that the said agreement contains an Arbitration Agreement in C...


Nov 30 2017

National Insurance Company Ltd. Vs.kashi Devi & Ors.

Court: Delhi

Decided on: Nov-30-2017

$~R-606 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h November, 2017 + MAC. APPEAL No.1014/2012 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Rakhi Dubey, Advocate versus ..Respondents KASHI DEVI & ORS. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA Through: Nemo. JUDGMENT (ORAL) 1. Rajender @ Raju, aged 33 years, died as a result of the injuries suffered in a motor vehicular accident that had occurred on 23.12.2009, due to negligent driving of motor vehicle, described as bus bearing registration No.UP-14R-7430, which was admittedly insured against third party risk for the period in question with the appellant insurance company (insurer). On the accident claim case (MACT No.684/2010) instituted by the members of his family, they being first to seventh respondents (collectively, the claimants), instituted on 12.01.2010, the tribunal held inquiry, and by judgment dated 05.07.2012, awarded compensation in the total sum of Rs.18,20,600/-, calculating it thus:-"MAC App. No.1...


Nov 30 2017

Tim Raj Singh vs.inder & Ors

Court: Delhi

Decided on: Nov-30-2017

$~R-603 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h November, 2017 + MAC. APPEAL No.1009/2012 TIM RAJ SINGH ..... Appellant Through: Mr. O.P. Mannie, Advocate versus ..Respondents Through: Mr. Pankaj Seth, Advocate for R-3. INDER & ORS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (Suit No.316/04, old suit No.1572/2000), instituted on 11.02.2000 by the appellant (claimant), the Tribunal rendered its judgment on 13.12.2007, awarding total compensation of Rs.90,000/- with interest at 9% per annum for the injuries suffered by him in a motor vehicular accident that occurred on 21.06.1999 due to negligent driving of bus bearing registration No.DL-1P-6491, which was admittedly insured against third party risk with the third respondent (insurer) for the period in question, the said amount inclusive of Rs.50,000/- for pain and suffering, Rs.20,000/- towards special diet and Rs.20,000/- on account of conveyance/transportation charges.2. The clai...


Nov 30 2017

Dharambir Singh vs.directorate of Education and Ors.

Court: Delhi

Decided on: Nov-30-2017

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: November 30, 2017 W.P.(C) 10323/2017 & CM421022017 DHARAMBIR SINGH ........ Petitioner Through: Mr. K.C. Mittal, Mr. Yugansh Mittal, Mr. Amit Prakash Shahi and Ms. Ruchika Mittal, Advocates versus DIRECTORATE OF EDUCATION AND ORS. .....Respondents Through: Mr. Ramesh Singh, Standing Counsel and Mr. Sandeepam Pathak, Advocate for respondent No.1-DOE Mr. N.K. Jha, Advocate with Mr. K.G. Goswami, Manager for respondent-School CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner has retired from respondent-School on 30th September, 2017 and had sought automatic re-employment for two years in terms of order of 27th January, 2012 (Annexure A-4). According to petitioner, his case for re-employment was recommended to respondent-Directorate of Education on 31st August, 2017 (Annexure P-3 colly) and the clear vacancy position was also intimated by respondent-School alongwith petitioners Integrity Certificate, Work and Cond...


Nov 30 2017

Batti vs.govt of Nct of Delhi & Ors.

Court: Delhi

Decided on: Nov-30-2017

$~R-65 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:30. h November, 2017 + W.P. (C.) No.12135/2015 BATTI Through Mr. Lalit Kumar Rawal and Mr. Sunil ........ Petitioner K. Goel, Advocates versus GOVT OF NCT OF DELHI & ORS. ........ RESPONDENTS Through Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Mr. Dhanesh Relan with Ms. Gauri Chaturvedi, 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 land) is deemed to...


Nov 30 2017

Inderjeet Singh vs.union of India & Ors.

Court: Delhi

Decided on: Nov-30-2017

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9773/2017 & CM No.39778/2017 (For delay) INDERJEET SINGH Date of Decision:30. 11.2017 ........ Petitioner Through Mr.Manjeet Singh, Sr. Adv. with Mr.Tarjit Singh, Adv. versus ........ RESPONDENTS UNION OF INDIA & ORS. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI Through Ms.Abha Malhotra, Adv. with Mr.Tanuj Chopra, Adv. for R-1 & 2. HIMA KOHLI, J (ORAL) 1. The petitioner is aggrieved by the judgment dated 12th August, 2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, whereby the Original Application filed by him for quashing his termination order dated 7th April, 2015, issued by the Respondent No.3/Institute of Pesticide Formulation Technology (hereinafter referred to as the Institute) has been dismissed on merits.2. We may note that the petitioner has taken almost one year to approach this Court to assail the order of the Tribunal and there is no WP (C) No.9773/2017 Page 1 of ...


Nov 30 2017

National Insurance Company Ltd. Vs.rishi Sharma & Ors.

Court: Delhi

Decided on: Nov-30-2017

$~R-608 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h November, 2017 + MAC. APPEAL No.1053/2012 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Harsh Lata Advocate for Ms. Shantha Devi Raman, Advocate versus RISHI SHARMA & ORS. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA Through: Nemo. ..Respondents JUDGMENT (ORAL) 1. The appellant insurance company on which the liability to pay the compensation has been fastened in favour of the first respondent (claimant) by the tribunal, by judgment dated 09.08.2012, passed on the accident claim case (Petition No.350/10) instituted on 01.06.2010 for compensation on account of injuries suffered by the first respondent in a motor vehicular accident that had occurred on 04.05.2010, due to negligent driving of car bearing registration No.DL-2CS-3083, which was admittedly insured against third party risk for the period in question with the appellant (insurer), questions the award, which includes Rs.11,47,553/- on account of loss of futur...


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