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Delhi Court November 2017 Judgments

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Nov 01 2017

Sheri Farid & Ors vs.khilar Singh

Court: Delhi

Decided on: Nov-01-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t November, 2017 C.R.P. 236/2017 SHERI FARID & ORS ........ Petitioners Through: Mr. Rajiv Kumar Ghawana with Ms. Akshita Chhatwal & Mr. Anirudh Ahuja, Advocates. Versus KHILAR SINGH Through: None. ..... Respondent CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No.39349/2017 (for exemption) 1. Allowed, subject to just exceptions.2. The application is disposed of. C.R.P. No.236/2017 & CM No.39348/2017 (for stay) 3. This Revision Petition under Section 115 of the CPC impugns the order (dated 19th September, 2017 in Civil Suit No.80of the court of Additional District Judge-04, Saket Courts, New Delhi) allowing the applications (i) for condoning the delay in applying for setting aside of the abatement of the suit qua defendant no.1(b); (ii) for setting aside the abatement; and, (iii) for condoning the delay on the part of the respondent/plaintiff in applying for substitution of the legal representatives of the defendant No...


Nov 01 2017

Pankaj Yadav vs.union of India & Anr

Court: Delhi

Decided on: Nov-01-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~41 * + W.P.(C) 7718/2015 & CM Nos.15135/2015, 26986/2015 & 6095/2017 % PANKAJ YADAV ........ Petitioner Through: Mr. Sanjeev Sagar with Ms. Meetu Singh, Advs. versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Ms. Suparna Srivastava with Ms. Sanjna Dua, Advs. for R-1 & 2. Mr. Jayant K. Mehta with Mr. Shaurya Kuthiala, Advs. for Delhi High Court. Mr. Sanjay Dewan with Ms. Palak Rohmetra, Advs. for District & Sessions Judge (HQ), Rohini Court, Dwarka Court, Patiala House, Tis Hazari Court, Saket Court. Mr. Santosh Kr. Tripathi, ASC for GNCTD/DP Traffic Police with ACP/T/NDD: Sanjeev Parmar, TI/TMC: Santosh Rawat & SI Ram Tirth, Pairvi Officer, Traffic. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA This Court has considered the submissions and suggestions and ORDER0111.2017 hereby issues the following directions: (i) The Delhi Traffic Police shall ensure that no vehicles of any kind whatsoever are parked o...


Nov 01 2017

Amresh Bajaj vs.national Hydro Electric Power Corporation

Court: Delhi

Decided on: Nov-01-2017

* + % 1. IN THE HIGH COURT OF DELHI AT NEW DELHI RFA Nos.622/2005 & 623/2005 RFA No.622/2005 AMRESH BAJAJ Through:1. t November, 2017 ..... Appellant None. versus NATIONAL HYDRO ELECTRIC POWER CORPORATION Through: ..... Respondent Mr. S.K. Taneja, Senior Advocate with Mr. Rajesh Gupta, Advocate and Mr. Pranjal Saran, Advocate.2. RFA No.623/2005 AMRESH BAJAJ Through: None. ..... Appellant versus NATIONAL HYDRO ELECTRIC POWER CORPORATION Through: ..... Respondent Mr. S.K. Taneja, Senior Advocate with Mr. Rajesh Gupta, Advocate and Mr. Pranjal Saran, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) RFA No.622/2005 1. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff/landlord RFA Nos.622/2005 & 623/2005 Page 1 of 16 impugning the judgment of the Trial Court dated 9.5.2005 whereby the trial court has refused to grant the mesne profits/damages to the appellant/landlo...


Nov 01 2017

Commissioner of Customs vs.emd Locomotive Technologies Pvt Ltd.

Court: Delhi

Decided on: Nov-01-2017

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CUSAA602017 Date of decision:1. t November, 2017. COMMISSIONER OF CUSTOMS versus Through: Mr.Aditya Singla, Sr. Standing Counsel with Mr. Mohit Pandey, Adv. ..... Appellant EMD LOCOMOTIVE TECHNOLOGIES PVT LTD. ..... Respondent Through: Mr. Arvind Datar, Mr. Sanjeev Sachdeva, Ms. Neha Gulati, Ms.Kanika Jain, Ms.Vrinda Bagaria, Advocates CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH SANJIV KHANNA, J.(ORAL): The Commissioner of Customs, in these Appeals, has impugned order dated 27th March, 2017 passed by the Principal Bench, Customs Excise and Service Tax Appellate Tribunal.2. The impugned order dismisses the application filed by the appellant for condonation of delay of 749 days in filing of the appeal against order dated 26th August, 2014 passed by the Commissioner (Appeals).3. Having heard counsel for the appellant, we are not inclined to issue notice in the present appeal for we find that the Tribunal h...


Nov 01 2017

Meer Khan vs.mahender Kumar Singh & Ors.

Court: Delhi

Decided on: Nov-01-2017

$~R-381 & 410 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:1. t November, 2017 + MAC APPEAL No.758/2011 MEER KHAN ..... Appellant Through: Mr. N.K. Jha, Adv. versus MAHENDER KUMAR SINGH & ORS. .... RESPONDENTS Through: Mr. Shoumik Mazumdar, Adv. for insurance company. + MAC APPEAL No.988/2011 SHRI RAM GENERAL INSURACE CO. LTD ..... Appellant Through: Mr. Shoumik Mazumdar, Adv. versus MEER KHAN & ORS. .... RESPONDENTS Through: Mr. N.K. Jha, Adv. for claimant. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 30.08.2009, Meer Khan appellant in MAC appeal No.758/2011 (the claimant) suffered injuries in a motor vehicular accident that occurred due to negligent driving of trolla bearing registration No.HR38 7176 (the offending vehicle) by Mahender Kumar Singh (a MAC Appeal No.758 & 988/2011 Page 1 of 5 respondent in these appeals). As a result of the injuries suffered, the right arm of the claimant had to be amputated in the course of treatment that followed rendering him p...


Nov 01 2017

Inner Trip Reiyukai International & Anr. Vs.inner Trip Reiyukai Intern ...

Court: Delhi

Decided on: Nov-01-2017

1 $~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 507/2016 INNER TRIP REIYUKAI INTERNATIONAL & ANR. ..... Plaintiffs Through: Ms. Nancy Roy, Advocate versus INNER TRIP REIYUKAI INTERNATIONAL SOCIETY & ORS. ..... Defendants Through: None. Date of Decision:01. t November, 2017 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral) I.A. 2377/2017 1. Present joint application has been filed under Order 23 Rule 3 read with Section 151 CPC. The same is duly signed by learned counsel for the plaintiffs and defendants No.1 and 2.2. Present application is also supported by the affidavits of authorized representative of the plaintiffs and the defendant No.2 who is also authorised to sign the settlement application on behalf of the defendant No.1.3. Learned counsel for the plaintiffs submits that the defendants No.1 and 2 have not engaged any Advocate and have signed the application and CS (COMM) 507/2016 Page 1 of 5 accompanying affidavit and sent it to the counsel for the pla...


Nov 01 2017

Purhpa Sud vs.the Govt. Of Nct & Ors

Court: Delhi

Decided on: Nov-01-2017

$~14 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:01. t November, 2017 + W.P. (C.) No.9319/2014 PURHPA SUD ........ Petitioner Through Mr. Gaurav Gupta and Mr. Omar Hoda, Advocates versus THE GOVT. OF NCT & ORS ........ RESPONDENTS Through Ms. Jyoti Tyagi, Advocate for Mr. Yeeshu Jain, Standing Counsel, for L&B/LAC. Mr. Sanjeev Sabharwal, Standing Counsel with Mr. Hem Kumar, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) CM.APPL19702017(delay) 1. This is an application filed by the petitioner seeking condonation of 121 days delay in filing the rejoinder.2. Notice. Counsels for the respondents accepts. The prayer made in this application is not opposed.3. 4. Accordingly, the delay in filing the rejoinder is condoned. The application stands disposed of. W.P. (C.) No.9319/2014 5. Rule DB. W.P. (C) No.9319/2014 Page 1 of 7 6. With the consent of the parties, the present writ petition is set down for final he...


Nov 01 2017

Krishan Kumar & Anr vs.union of India & Ors

Court: Delhi

Decided on: Nov-01-2017

$~12 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:01. t November, 2017 + W.P. (C.) No.1305/2015 KRISHAN KUMAR & ANR ........ Petitioners Through Mr. Anuj Kumar Garg, Advocate versus UNION OF INDIA & ORS ........ RESPONDENTS Through Ms. Jyoti Tyagi, Advocate for Mr. Yeeshu Jain, Standing Counsel, for L&B/LAC. Mr. Arjun Pant, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. The petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking a direction and declaration that the land of the petitioners comprised in Khasra no.15measuring 3 bigha and 12 biswas situated in the revenue estate of village Molarband, New Delhi and the acquisition proceedings be declared as having lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the New Act).2. Learned co...


Nov 01 2017

s.k. Bhattacharya (Vm) Retd. Vs.union of India and Ors.

Court: Delhi

Decided on: Nov-01-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision 1st November, 2017 W.P.(C) 7943/2013 S.K. BHATTACHARYA (VM) RETD. ........ Petitioner Through Mr. A.K. Gautam, Advocate versus UNION OF INDIA AND ORS ..... Respondent Through Mr. Ajay Digpaul, CGSC, UoI. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The... Petitioner, who was a Group Captain in the Indian Air Force (hereinafter referred to as IAF) and had joined the Border Security Force (hereinafter referred to as BSF), Air Wing on 06.07.2004 as a Captain/Pilot on deputation basis, has challenged the orders dated 22.09.2011 and 06.01.2012 passed by the Respondent no.3 i.e. the Pay and Accounts Division of the BSF. By the impugned orders, after coming to a conclusion that a payment of Rs.8,56,666/- had been erroneously made to the... Petitioner by way of flying incentives for the period 01.02.2007 to 07.02.2008, the WP (C) No.7943/2013 Page 1 of 10 Respondent no.3 directed t...


Nov 01 2017

Mool Chand Sharma vs.delhi Prantiya Raigar Mandir

Court: Delhi

Decided on: Nov-01-2017

$~32 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RC.REV. 492/2017 MOOL CHAND SHARMA ........ Petitioner Through: Mr. Rajat Aneja and Ms. Nisha Versus Sharma, Advs. DELHI PRANTIYA RAIGAR MANDIR CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Through: None. ORDER ..... Respondent % CM No.39079/2017 (for exemption) 01.11.2017 1.2. Allowed, subject to just exceptions. The application is disposed of. RC.REV. 492/2017 & CM No.39078/2017 (for stay) 3. This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 19th September, 2017 in Case No.637/2017 (U.ID No.737/2017) of the Pilot Court (Central), Tis Hazari Courts, Delhi]. of eviction with respect to premises No.53/4505- 09, Reghar Pura, Karol Bagh, New Delhi.4. The counsel for the petitioner has been heard and the paper book perused.5. The respondent instituted the petition for eviction, from which this petition arises, under Section 14(1)(e) of the Act, against Kanahiya Lal Chunni La...


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