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Delhi Court December 2017 Judgments

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Dec 15 2017 (HC)

Bijender Kumar vs.financial Commissioner and Ors.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:06. 12.2017 Pronounced on:15. 12.2017 LPA792017 BIJENDER KUMAR . Appellant Through: Sh. Rajiv Khosla with Sh. Devinder Verma and Ms. Apoorva Khosla, Advocates. versus FINANCIAL COMMISSIONER AND ORS. ....... RESPONDENTS Through: Ms. Manika Tripathy Pandey with Sh. Ashutosh Kaushik, Advocates, for Respondent Nos. 1 to 3. Sh. Rahul Gupta with Sh. Shekhar Gupta, Sh. Gaurav Singh and Sh. Pratyush Shrivastava, Advocats, for Respondent Nos. 4 to 27. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA MR. JUSTICE S. RAVINDRA BHAT % 1. This appeal impugns a judgment and order of a learned Single Judge, which dismissed a writ petition that had challenged a mutation entry in respect of land being 30 bighas 4 biswas in Khasra No.485/1, Village Bijwasan, Delhi.2. The facts are that the appellants father, Raja Ram owned the said property; he died without a son. The suit lands were mutated (entered in the name of) Kh...

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Dec 15 2017 (HC)

Maya Devi & Ors vs.union of India & Ors

Court: Delhi

% * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15. h December, 2017 + W.P.(C) 9880/2016, CM No.39329/2016 MAYA DEVI & ORS ........ Petitioners Through: Mr. S.K. Rout, Adv. and Mr. Aman Mehrotra, Adv. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Adv. for L&B/LAC Mr. Sanjeev Sabharwal, Standing Counsel for DDA with Mr. Hem Kumar, Adv. and Ms. Simmee Kumari, Adv. 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 by the petitioners under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings with respect to the land comprised in Khasra Nos. 13(0-4) share admeasuring 1 biswa, and 28 (1-13) share admeasuring 16 biswa and 6 biswansi total admeasuring 17 biswa 6 biswansi, situated in Village Sadhora Khurd, District Central, Delhi (hereinafter referred to as subject land) are deemed W.P.(C) ...

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Dec 15 2017 (HC)

Ajit Kumar vs.union of India and Anr.

Court: Delhi

$~31 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 11117/2017 AJIT KUMAR ........ Petitioner Through Mr Devendra Kumar Singh, Advocate with Ms Gitanjali N. Sharma, Advocate. versus UNION OF INDIA AND ANR. ........ RESPONDENTS Through Mr T. Singhdev, Mr Amandeep Kaur, Ms Puja Sarkar, Mr Biakthansangi Das, Advocates for Respondent No.2/MCI. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1512.2017 VIBHU BAKHRU, J The petitioner has filed the present petition, inter alia, impugning a 1. letter dated 09.04.2008 issued by the Medical Council of India (hereafter MCI) to the SHO Police Station, Sector-23, Dwarka, New Delhi requesting that an FIR be registered against the petitioner for furnishing a false diploma certificate. The petitioner also seeks an order directing the MCI to permit the petitioner to complete the period of shortfall of one year to complete the required six years of a medical course. The petitioner claims to have obtained his intermediate of science 2. degree in the y...

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Dec 15 2017 (HC)

Amarrass Society for Performing Arts vs.commissioner of Excise, Entert ...

Court: Delhi

$~6 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7532/2017 Date of decision:15. h December, 2017 AMARRASS SOCIETY FOR PERFORMING ARTS ........ Petitioner Through Mr. Rajshekhar Rao with Mr. Zehra Khan and Mr. Zahid Ahmed, Advocates. Versus COMMISSIONER OF EXCISE, ENTERTAINMENT AND LUXURY TAX & ANR. ..... Respondent Through Mr. Ramesh Singh, Standing Cousnel with Mr. Sandeep Pather, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH SANJIV KHANNA, (J.) (ORAL) Amarrass Society for Performing Arts, a society, has filed the present writ petition impugning the Assessment Order No.F615) ETO1213/5557 dated 31st January, 2013 passed by the Entertainment Tax Officer, the assessing authority under the Delhi Entertainment and Betting Tax Act, 1996, and the appellate orders dated 11th June, 2013 passed by the Deputy Commissioner and 11th July, 2017 passed by the Financial Commissioner.2. Order dated 31st January, 2013 had directed the petitioner society...

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Dec 15 2017 (HC)

k.l.berwa vs.dpcl and Ors.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: September 22, 2017 Judgment delivered on: December 15, 2017 Through: Mr. Manish Singh, Adv. ........ Petitioner + W.P.(C) 1863/1997 K.L.BERWA DPCL AND ORS. versus ........ RESPONDENTS Through: Mrs. Avnish Ahlawat, Adv. for R1. Mr. Sumeet Pushkarna, Standing Counsel with Mr. Sahil Ghei, Adv. for R2. Mr. Gulshan Chawla, Mr. Rishi Kulshrestha and Mr. Madan Mohan, Advs. for R3. CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 The present petition has been filed by the petitioner challenging the order dated May 23, 1996 whereby the petitioner was imposed a penalty of removal from service which shall not be a disqualification for his future employment with the respondent and order dated January 31, 1997 received by the petitioner on February 12, 1997 of the Appellate Authority, whereby it had rejected the Appeal of the petitioner against the order of removal referred above. W.P.(C) No.1863/1997 Page 1 of 25 2...

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Dec 15 2017 (HC)

Raj Kumar Arora vs.union of India & Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 6036/2016 Date of decision:15. h December, 2017 RAJ KUMAR ARORA ........ Petitioner Through: Mr. Bijoy Kr. Pradhan, Adv. and Mr. Rakesh Raushan, Adv. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Prasanta Verma, Adv. with Ms. Shalu and Mr. Vinod Tiwari, Advs. for UOI Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Adv. for L&B/LAC Mr. Sanjeev Sabharwal, Standing Counsel for DDA with Mr. Hem Kumar, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. Mr. Sanjeev Sabharwal has handed over the counter affidavit in Court today. Let the counter-affidavit be taken on record. With the consent of the parties the writ petition is set down for final hearing and disposal.2. This is a petition filed by the petitioners under Article 226 of the Constitution of India seeking a declaration that the acquisition W.P.(C) No.6036/2016 Page 1 of 6 proceedings with respect to th...

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Dec 15 2017 (HC)

M/S Canbank Financial Services Ltd. Vs.geetanjali Motors Ltd. & Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :25. h AUGUST, 2017 DECIDED ON :15. h DECEMBER, 2017 + CS(OS) 2603/1992 & I.A. Nos. 3945/2005 (u/O16R.1 (2) & I.A. No.10457/2007 (for direction) M/S CANBANK FINANCIAL SERVICES LTD. ..... Plaintiff Through Mr. Aayush Agarwala and Mr.Pramod B.Agarwala, Advocates versus GEETANJALI MOTORS LTD. & ORS. ..... Defendants Through Mr. Rohit K.Aggarwal and Mrs. Rekha Diwedi, Advocates for defendant no.7 CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The present suit has been filed by M/S Canbank Financial Services Ltd.(hereinafter the plaintiff) against Gitanjali Motors Ltd.(D-1), Asha Ram (D-2), S.S.Bedi (D-3), Moksh Bedi (D-4), Col.K.S.Malik(D-5), Pramod Gulati (D-6) and Eicher Motors Ltd. (D-7) for recovery `2,58,38,152.81. Presently the suit is contested by D-7 only. CS(S) 2603/1992 Page 1 of 25 2. Briefly stated the facts of the case as reflected in the plaint are that on 10.05.1991, D-1 applied to the plaintiff for sanction of lease ...

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Dec 15 2017 (HC)

Raj Kumar Halder vs.transitional Health Science and Technology Institu ...

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 15, 2017 * + W.P.(C) 1974/2016 & C.M. 8502/2016 RAJ KUMAR HALDER Through: Versus In person. ........ Petitioner TRANSITIONAL HEALTH SCIENCE AND TECHNOLOGY INSTITUTE & ORS. .....Respondents Through: Mr. P. Nagesh and Mr. Dhruv Gupta, Advocates for respondents No.1 & 2 Ms. Shubhra Parashar, Mr. Santosh Kumar Pandey and Mr. Virender Pratap Singh Charak, Advocates for respondent-UOI CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL Vide impugned Memorandum of 4th November, 2015 (Annexure P 2), petitioners service was terminated. He was appointed for five years as Scientist-E (Chemistry & Pharmacology) in Drug Discovery Research Centre (DDRC) on contract basis w.e.f. 1st August, 2013. Prior thereto, a Show Cause Notice of 22nd September, 2015 (Annexure P-1) was issued to petitioner, which was duly replied by him and thereafter, petitioners service was dispensed with w.e.f. 28th February, 2016 i.e. after three months from t...

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Dec 14 2017 (HC)

Naveen Kumar Gupta vs.bharat Bhushan & Ors.

Court: Delhi

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:20. 11.2017 Judgment Pronounced on:14. .12.2017 RFA2092017 ..... Appellant. Through: Ms.Kamakshi Garg, Advocate NAVEEN KUMAR GUPTA with appellant in person. BHARAT BHUSHAN & ORS. versus ..... Respondent Through: Mr.Varun Goswami, Mr.Naveen Grover, Mr.Rahul Sinha, Ms.Ankita Bansal and Mr.Shourya Mehra, Advocates for R-1. Mr.Sagar Sharma , Advocate for R-2 & R-3. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.1. The appellant in the present Regular First Appeal has impugned the judgment & decree dated 25.10.2016 passed by the court of learned ADJ-03, North-West District, Rohini Courts, Delhi in CS No.6whereby the trial court held that the plaintiffs suit was not maintainable in view of Order XXI Rule 101 of the Code of Civil Procedure, 1908 (in short CPC).2. Facts leading to the filing of the present appeal are that in April, 2012, the respondents came at the suit property with Warrants RFA2092017 Page 1 of 8 of A...

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Dec 14 2017 (HC)

Sanjay Kumar Gaur & Ors. Vs.govt. Of Nct of Delhi & Ors.

Court: Delhi

$~31 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:14. h December, 2017 + W.P.(C) 3068/2016 SANJAY KUMAR GAUR & ORS. ........ Petitioners Through: Mr.Vishal Maan, Advts. versus GOVT. OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Ms.Mini Pushkarna, Counsel for L&B with Ms.Anushruti and Ms.Vasundhara Nayyar, Advts. Mr.Bhuvnesh Satija, Adv. 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 under Article 226 of the Constitution of India. The petitioners seek a declaration that the acquisition proceedings in respect of the land measuring 4 bighas 10 biswas comprised in Khasra No.318 (1-0) (old Khasra No.1104), 319 (0-7) (old khasra no.2057/1105), 320 (0-7) (old khasra no.2058/1105), 321 (0-3) (old khasra no.2601/2199/1105), 323(0-14) (old khasra no.2603/2201/1106), 324 (0-11) (old khasra no.2200/1106), 327 (0-12) (old khasra no.2626/1107), 328 (0-16) (old khasra no.2607/1108) situated in the r...

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