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Delhi Court November 2017 Judgments

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Nov 02 2017

Madhusmita Bora vs.rahul Bhatnagar & Ors

Court: Delhi

Decided on: Nov-02-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d November, 2017. C.R.P. 200/2017 & CM No.32848/2017 (for stay) MADHUSMITA BORA ........ Petitioner Through: Ms. Zeba Khair & Mr. Bijoy Kumar Pradhan, Advs. Versus RAHUL BHATNAGAR & ORS CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 Through: Mr. M.A. Khan, Adv. ........ RESPONDENTS This petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order [dated 3rd July, 2017 in CS No.55699/2016 of the Court of Additional District Judge (ADJ), Patiala House Courts, New Delhi]. of grant to the respondents/defendants of unconditional leave to defend the suit filed by the petitioner/plaintiff under Order XXXVII of CPC.2. Notice of the petition was ordered to be issued for 22nd September, 2017 and on the counsel for the respondents/defendants on that date seeking adjournment, the matter was posted to today for hearing.3. 4. Counsels have been heard. The petitioner/plaintiff instituted the suit, from which ...


Nov 02 2017

d.t.c vs.chander Singh

Court: Delhi

Decided on: Nov-02-2017

*IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:07. 09.2017 Judgment pronounced on:02. 11.2017 + W.P (C) No.17326/2004 D.T.C ........ Petitioner Through: Mr.Purvesh Buttan Mr.Fahad Imtiaz, Adv. and versus CHANDER SINGH Through: ..... Respondent CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT1 17 years after his appointment, the respondent, a low paid conductor with the petitioner, was at the instance of an apparently disgruntled co-worker - removed from service, on the ground that the institution from which he had obtained his matriculation was not an institution whose certificates were recognized for employment with the Central Government. Allegations of cheating, fraud and suppression were heaped on the respondent, despite the fact that his certificate had admittedly been seen, by the petitioner, not only at the time of his original appointment, but, as the respondent would aver (which is not rebutted) even later at the stage of his confirmation and periodically w...


Nov 02 2017

Wasim Akram Malik vs.national Investigation Agency (Nia)

Court: Delhi

Decided on: Nov-02-2017

$~19. * + % CRL.A. 966/2017 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:02. 11.2017 WASIM AKRAM MALIK ..... Appellant Through: Mr. Mehmood Pracha, RHA Sikander, Prateek Gupta, Mohd. Danish, Advocates versus NATIONAL INVESTIGATION AGENCY (NIA) ..... Respondent Through: Mr. Amit Sharma, SPP with Mr. Som Prakash, Adv. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI VIPIN SANGHI, J.(ORAL) 1. When the appeal was listed before this Court on 23.10.2017, the Court had recorded the preliminary objection raised by Mr. Amit Sharma, learned SPP appearing for the respondent NIA regarding maintainability of the appeal in view of Section 21 of the National Investigation Agency Act (NIA Act). He has placed reliance on the decision of this Court in Bachraj Bengani @ B.R. Jain v. State, 110 (2004) DLT233 a decision in the context of Section 34 of the Prevention of Terrorism Act, 2002 (POTA), which is para materia with Section 21 of NIA Act, and the order dated 18.04.201...


Nov 02 2017

Ram Kumar Goyal & Anr. Vs.union of India & Ors.

Court: Delhi

Decided on: Nov-02-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~8 * + W.P.(C) 2779/2014 and C.M. Nos. 5775/2014 & 7609/2015 RAM KUMAR GOYAL & ANR. Through: None. ........ Petitioners ........ RESPONDENTS Through: Mr. Naresh Kaushik and Mr. Omung Gupta, Advocates versus UNION OF INDIA & ORS. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % ORDER0211.2017 1. Mr. Kaushik, learned counsel for the respondent No.3/UPSC submits that a batch of transfer petitions filed by the Union of India before the Supreme Court were allowed vide order dated 29.03.2017, with a direction that all cases pending before the different High Courts/Tribunals or matters of similar nature be transferred to the Supreme Court forthwith. A copy of the order dated 29.03.2017 handed over by the learned counsel for the respondent No.3/UPSC, is taken on record.2. In view of the aforesaid position, the Registry is directed to retain a digital copy of the present petition and transfer the record thereof to the Supreme Court...


Nov 02 2017

Ram Niwas Tyagi vs.surjeet Singh & Ors.

Court: Delhi

Decided on: Nov-02-2017

$~R-393 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:2. d November, 2017 + MAC APPEAL No.839/2011 RAM NIWAS TYAGI ..... Appellant Through: Mr. Navneet Goyal, Adv. versus SURJEET SINGH & ORS. ........ RESPONDENTS Through: Mr. Pankaj Gupta for Ms. Suman Bagga, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was the claimant before the Tribunal in accident claim case (MACP182008) instituted on 18.11.2008 seeking compensation for injuries suffered in a motor vehicular accident that occurred on 13.04.2008 due to negligent driving of motor vehicle described as Crane bearing registration HR38 2217, admittedly insured against third party risk with the third respondent (insurer). The tribunal held inquiry and, by judgment dated 18.05.2011, accepted the case for compensation holding the crane driver (first respondent) negligent. The tribunal awarded Rs. 1,20,000/- as total compensation, this inclusive of Rs.70,000/- under the head of expenses, treatmen...


Nov 02 2017

Femc- Pratibha Joint Venture vs.commissiiner of Trade & Taxes

Court: Delhi

Decided on: Nov-02-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 3424/2017 Date of decision:2. d November, 2017 $~9, 11, 12, 20 & 21 * + IJM CORPORATION BERHAD ........ Petitioner Through : Mr. Rajesh Jain, Mr. Virag Tiwari, Ms.Aastha Gandhi, Mr.V.K. Jain, Advocates. versus COMMISSIONER OF TRADE & TAXES ..... Respondent M.V.OMNI PROJECTS (INDIA) LTD. Satyakam, ASC Through : Mr. for GNCTD with Ms.Trisha, LA, DTT, GNCTD. WITH W.P.(C) 4561/2017 ........ Petitioner Through : Mr. Rajesh Jain, Mr. Virag Tiwari, Ms.Aastha Gandhi, Mr.V.K. Jain, Advocates. versus COMMISSIONER OF TRADE & TAXES ..... Respondent Through : Mr. Gautam Narayan, ASC with Mr.R.A. Iyer, Advocate. DAIMLER FINANCIAL SERVICES (P) LTD. WITH W.P.(C) 5792/2017 Through : Mr. Rajesh Jain, Mr. Virag Tiwari, Ms.Aastha Gandhi, Mr.V.K. Jain, Advocates. ........ Petitioner versus W.P. (C) Nos. 3424/2017+connected Page 1 of 18 COMMISSIONER OF TRADE & TAXES ..... Respondent Through : Mr. Satyakam, ASC for GNCTD with Ms.Trisha, LA, DTT, GNCTD. WITH FEM...


Nov 02 2017

Azad @ Anand Singh & Ors. Vs.government of Nct of Delhi & Ors.

Court: Delhi

Decided on: Nov-02-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:03. 08.2017 PRONOUNCED ON:02. 11.2017 W.P. (C) 5515/2015, CM APPL.9920/2015 AZAD @ ANAND SINGH & ORS. Petitioners Versus GOVERNMENT OF NCT OF DELHI & ORS. Respondents W.P. (C) 7143/2015, CM APPL.13107/2015 KHAZAN SINGH & ORS. Petitioners Versus GOVT .OF NCT OF DELHI & ORS. Respondents Present: Mr. Sanjay Parikh with Mr. Aagney Sail and Ms. Maulshree Pathak, Advocates for petitioners. Mr. Yeeshu Jain, Standing Counsel for LAC/L&B with Ms. Jyoti Tyagi, Advocate. Ms. Anusuya Salwan, Advocate for DSIIDC with Mr. Abhishek Pundir, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P. GARG S.RAVINDRA BHAT, J.1. All the petitioners in these writ proceedings, under Article 226 of the Constitution of India, claim benefit of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 2013 Act). The W.P.(C)5515/2015 & 7143/2015 Page ...


Nov 02 2017

Roopchand & Ors vs.union of India & Ors

Court: Delhi

Decided on: Nov-02-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: November 02, 2017 W.P.(C) 9129/2014, CM No.20792/2014 ROOPCHAND & ORS ........ Petitioners Through: Mr. Anuj Kumar Garg, Adv. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Abhay Prakash Sahay, CGSC for R- 1/UOI Ms. Shobhana Takiar, Adv. with Mr. Sanjay Kumar, Adv. for DMRC Mr. Siddharth Panda, Adv. for LAC/L&B 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 under Article 226 of the Constitution of India. The petitioners have prayed for a direction that the acquisition proceedings qua land comprising Khasra No.25 measuring 02 Bighas 12 Biswas, Khasra No.26 measuring 01 Bighas 00 Biswas, Khasra No.27 measuring 0 Bighas 11 Biswas, Khasra No.3measuring 02 Bighas 00 Biswas, Khasra No.3measuring 02 Bighas 00 Biswas, Khasra No.3measuring 2 Bighas 13 Biswas, Khasra No.3measuring 4 Bighas 11 Biswas, Khasra No.3measuring 3 Bighas 00 Biswas, Khasra...


Nov 02 2017

The Oriential Insurance co.ltd. Vs.premo and Others

Court: Delhi

Decided on: Nov-02-2017

$~3 & 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:02. d November, 2017 + MAC.APP. 456/2008 and CM394292017 THE ORIENTIAL INSURANCE CO.LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate + MAC.APP. 459/2008 and CM No.39430/2017 PREMO AND OTHERS versus ........ RESPONDENTS Through: Mr. Jyotindra Kumar, Adv. for R-4 THE ORIENTAL INSURANCE CO.LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate versus CORAM: HON'BLE MR. JUSTICE R.K.GAUBA SANGEETA & ORS JUDGMENT (ORAL) Through: Mr. Jyotindra Kumar, Adv. for R-6 ........ RESPONDENTS 1. These two appeals are directed against a common judgment passed by the Motor Accident Claims Tribunal on 23.04.2008 (Tribunal) in two accident claim cases, one (suit no.107/2000) instituted by the first respondent in MACA4562008 and, the other, (suit no.108/2000) instituted by the first to third respondents in MACA4592008, the former seeking compensation for injuries of the said first respondent and the latter seeking compensation on account ...


Nov 02 2017

m.v.omni Projects (India) Ltd. Vs.commissioner of Trade & Taxes

Court: Delhi

Decided on: Nov-02-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 3424/2017 Date of decision:2. d November, 2017 $~9, 11, 12, 20 & 21 * + IJM CORPORATION BERHAD ........ Petitioner Through : Mr. Rajesh Jain, Mr. Virag Tiwari, Ms.Aastha Gandhi, Mr.V.K. Jain, Advocates. versus COMMISSIONER OF TRADE & TAXES ..... Respondent M.V.OMNI PROJECTS (INDIA) LTD. Satyakam, ASC Through : Mr. for GNCTD with Ms.Trisha, LA, DTT, GNCTD. WITH W.P.(C) 4561/2017 ........ Petitioner Through : Mr. Rajesh Jain, Mr. Virag Tiwari, Ms.Aastha Gandhi, Mr.V.K. Jain, Advocates. versus COMMISSIONER OF TRADE & TAXES ..... Respondent Through : Mr. Gautam Narayan, ASC with Mr.R.A. Iyer, Advocate. DAIMLER FINANCIAL SERVICES (P) LTD. WITH W.P.(C) 5792/2017 Through : Mr. Rajesh Jain, Mr. Virag Tiwari, Ms.Aastha Gandhi, Mr.V.K. Jain, Advocates. ........ Petitioner versus W.P. (C) Nos. 3424/2017+connected Page 1 of 18 COMMISSIONER OF TRADE & TAXES ..... Respondent Through : Mr. Satyakam, ASC for GNCTD with Ms.Trisha, LA, DTT, GNCTD. WITH FEM...


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