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Delhi Court December 2017 Judgments

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Dec 15 2017 (HC)

Govt. Of Nct of Delhi vs.sh. S. K. Sharma

Court: Delhi

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11186/2017 & CM Nos.45757/2017 (for exemption), 45756/2017 (for stay) GOVT. OF NCT OF DELHI ........ Petitioner Through: Mr.Saurabh Chadda, Advocate. versus SH. S. K. SHARMA Through ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % The petitioner/Directorate of Education, GNCTD is aggrieved by the ORDER1512.2017 1. order dated 20.09.2016, passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi in an Original Application filed by the respondent, praying inter alia for release of his regular pension along with other retiral benefits with interest at the rate of 18% p.a., w.e.f. the date of his superannuation i.e. 31.12.2011, till the date of actual payment.2. The impugned order records that counsel for the GNCTD had stated before the Tribunal that during the pendency of the OA, the retiral benefits of the respondent had been released to him and his entire period of su...

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Dec 15 2017 (HC)

Sonali Badhe, a.l.a. Directorate of Enforcement, Ahmedabad vs.ashish C ...

Court: Delhi

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6207/2017 1. SONALI BADHE, A.L.A. DIRECTORATE OF ENFORCEMENT, AHMEDABAD Through: Mr. Sarthak Bhatia, Advocate. ........ Petitioner versus ASHISH CHANDRA SINGH DLA, NEW DELHI & ANR ........ RESPONDENTS Through: Mr. Syed Ahmed Saud and Mr.Uzmi Jameel Husain, Advocates for R1. Ms.Mrinalini Sen and Mr. Shatrajit Banerji, Advocates for R2. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % The present petition has been filed by the petitioner assailing an ORDER1512.2017 interim order dated 09.03.2017, passed by the Central Administrative Tribunal in O.A. No.2755/2016, filed by the respondent No.1, who is aggrieved by the order dated 21.06.2016, passed by the respondent No.2/Department of Revenue, Ministry of Finance, the Disciplinary Authority, imposing upon him a penalty of reduction in the time scale of pay by three stages, for a period of three years with a further direction that during such period of reduction,...

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Dec 15 2017 (HC)

Mohit Kadian vs.university of Delhi & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:15. 12.2017 ..... Appellant ........ RESPONDENTS % + LPA7082017 MOHIT KADIAN versus UNIVERSITY OF DELHI & ANR. Advocates who appeared in this case: For the Appellant For the... RESPONDENTS : : Mr Sharvan Dev with Mr Pankaj Kashyap, Advocates. Mr Amit Bansal and Ms Seema Dolo, Advocates for R-1. Mr S.Shekhar for Mr G.K.Pathak, Advocate for R-2. CORAM:-"HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.(OPEN COURT) 1. By this appeal the Appellant impugns the order dated 26.09.2017 whereby the petition seeking a direction to the respondents to allow the... Petitioner/Appellant to submit his internal examinations for the subjects of the Fifth Semester, has been dismissed as being without any merit.2. The Appellant was a student of B. Tech. with respondent University and studying at the second respondent (hereafter referred LPA7082017 Page 1 of 10 to as college). The Appellant also act...

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Dec 15 2017 (HC)

Rattan Singh & Ors vs.govt. Of Nct of Delhi & Ors

Court: Delhi

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15. h December, 2017 + W.P.(C) 7152/2015 RATTAN SINGH & ORS ........ Petitioners Through: Mr. Aagney Sail, Adv. versus GOVT. OF NCT OF DELHI & ORS ........ RESPONDENTS Through: Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Adv. for L&B/LAC Ms. Renuka Arora and Ms. Nikita Salwan, Advs. for DSIIDC 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 by the petitioners under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings with respect to the agricultural land of the petitioners comprised in Rectangle No.14 in Khasra Nos. 18(4-16), 19(6-11), 22(4-07), 23(4-16); Rectangle No.33 in Khasra No.12/1(1-09) and Rectangle No.14- Khasra No.24/2(0-16), situated in the revenue estate of village Karala, Delhi (hereinafter referred to as the subject W.P.(C) No.7152/2015 Page 1 of 9 land) in view of Section 24(2) of...

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Dec 15 2017 (HC)

South Asia Human Rights Documentation Trust & Others vs.suhas Chakma & ...

Court: Delhi

$~2 (CS) * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :15. h DECEMBER, 2017 IA64252015 in CS(OS) 840/2006 SOUTH ASIA HUMAN RIGHTS DOCUMENTATION TRUST & OTHERS ..... Plaintiffs Through : Mr.Jawahar Raja and Mr.Chinmay Kanojia, Advocates versus SUHAS CHAKMA & OTHERS CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Mr.Nitesh Kumar Singh and Ms.Neha, Advocates for D1 & D4. Mr. Rajiv Takhi, Advocate for D2 & D3. ..... Defendants + S.P.GARG, J.(Oral) 1. The instant suit for permanent injunction restraining infringement of copyright, unauthorized downloading, misappropriation and illegal use of database, delivery up, rendition of accounts, damages and for passing off has been filed by the plaintiffs. Case of the plaintiffs is that the defendants have infringed the original literary works of the plaintiffs and dishonestly and unauthorisedly downloaded the database. They continue to use the confidential unpublished researched data to the detriment of the plaintiffs. It was claimed that pla...

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Dec 15 2017 (HC)

Usha Rani vs.the Commissioner, North Mcd

Court: Delhi

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: December 15, 2017 W.P.(C) 11194/2017 & C.M. 45766/2017 USHA RANI Through: Ms. Rekha Garg, Advocate ........ Petitioner Versus THE COMMISSIONER, NORTH MCD ..... Respondent CORAM: Through: Nemo. HON'BLE MR. JUSTICE SUNIL GAUR ORDER ORAL Release of gratuity amount, commutation of pension and release of monthly pension, insurance amount, GPF amount, encashment of earned leaves, family pension card & medical card etc. is sought by petitioner in this petition. Prior to filing of this petition, petitioner claims to have sent a Representation on 16th August, 2017 (Annexure P-1) to seek relief, as claimed in this petition and even the Legal Notice (Annexure P-2) sent by petitioner to respondent on 28th August, 2017 did not elicit any response from the respondent. None appears on behalf of respondent despite service of advance notice.2. In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition w...

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Dec 15 2017 (HC)

D vs.p @ R

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. 12.2017 * % + MAT.APP.(F.C) 161/2017 D ..... Appellant Through: Mr. Vijay Malik, Advocate with Mr. P @ R Jogminder Rana, Advocate. Versus ..... Respondent Through: None. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA HON'BLE MS. JUSTICE DEEPA SHARMA1 The appellant/husband has assailed the order dated 04.08.2017 of the Family Court, dismissing his petition for dissolution of marriage under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the HM Act).2. The admitted facts of the case are that the marriage between the appellant/husband and the respondent/wife was solemnized on 07.11.2011, according to the Hindu rites, customs and ceremonies. Out of this wedlock, a male child namely, Kartik was born on 15.08.2012. MAT.APP.(F.C) 161/2017 Page 1 3. The appellant has alleged in his divorce petition that the marriage was solemnized without taking any dowry; that on the very first day o...

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Dec 15 2017 (HC)

Alok Kumar Ranjan vs.smt Rama Arora & Anr

Court: Delhi

+ MAC.APP. 1099/2014 RAMA ARORA & ANR Through: Ms. Suman Bagga, Adv. for with Mr. Pankaj Gupta, Advocate for R-2. ..... Appellants $~20 & 21 (common order) * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. h December, 2017 + MAC.APP. 334/2012 and CM No.5721/2012 ALOK KUMAR RANJAN ..... Appellant Through: Mr. R.K. Sahni, Advocate with Mr. Prateek Mehta, Advocate versus SMT RAMA ARORA & ANR ........ RESPONDENTS Through: Ms. Suman Bagga, Advocate P-2. versus ALOK KUMAR RANJAN ..... Respondent Through: Mr. R.K. Sahni, Advocate with Mr. Prateek Mehta, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 JUDGMENT (ORAL) The accident claim case (Suit No.246/09) was instituted by Rama Arora (the claimant) on 13.07.2009 seeking compensation for MAC Appeal No.334/2012 & 1099/2014 Page 1 of 5 injuries suffered by her in a motor vehicular accident that had occurred on 05.01.2009, involving collision between the two cars, one Santro Car, bearing registration No.DL-2C-AD-2256 (hereinafter referred ...

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Dec 15 2017 (HC)

Rising India Publications pvt.ltd and Anr vs.union of India & Anr

Court: Delhi

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11157/2017 RISING INDIA PUBLICATIONS PVT.LTD AND ANR Through: Mr Ankur Yadav, Advocate. ........ Petitioners versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Mr Anurag Ahluwalia, CGSC with Mr Brajesh Kumar, Govt. Pleader and Mr Charitarth Bharti and Ms Tejawita, Advocates alongwith Mr B. P. Meena, DAVP, Media Executive for R-1 & R-2. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1512.2017 VIBHU BAKHRU, J CM Nos.45686/2017 & 45687/2017 1.2. Exemptions are allowed, subject to all just exceptions. The applications stand disposed of. CM No.45688/2017 3. For the reasons stated in the application, the same is allowed and stands disposed of. W.P.(C) 11157/2017 Page 1 of 7 W.P.(C) 11157/2017 & CM No.45689/2017 4. The petitioner is a Public Limited Company registered under the Companies Act, 1956 and is engaged in the business of publishing newspapers. It is stated that the petitioner publishes two dailies, namely; Nishpaksh Sam...

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Dec 15 2017 (HC)

Sh. Jyoti Swarup vs.sh. Chander Gupta & Ors

Court: Delhi

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:15.12.2017 + RFA1782014, Review Petition 305/2017 & CM No.27475/2017 (condonation of delay of 654 days in filing review petition) & CM No.27473/2017 (stay of operation of order dated 30.07.2015) SH. JYOTI SWARUP ..... Appellant Through: Mr. V.V. Manoharan, Advocate versus SH. CHANDER GUPTA & ORS ........ RESPONDENTS Through: Mr. Manuj Aggarwal, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(ORAL) 1. The petitioner seeks condonation of delay of 654 days in filing the review petition to review the order of this court dated 30.07.2015 passed in RFA No.178/2014.2. Learned counsel for the petitioner submits that at the time of adjudication of the execution petition pending before the court of learned ADJ-1 (South West) Dwarka Courts, New Delhi, the petitioner came to know that the impugned order dated RFA1782014 Page 1 of 6 30.07.2015 is unenforceable as the respondents have been unable to produce a cl...

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