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Delhi Court December 2017 Judgments

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Dec 21 2017

The Federation of Hotel and Resturant Associations of India vs.union o ...

Court: Delhi

Decided on: Dec-21-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~31 * + W.P.(C) 11519/2017 THE FEDERATION OF HOTEL AND RESTURANT ASSOCIATIONS OF INDIA ........ Petitioner Through: Mr Rajiv Nayar, Senior Advocate with Mr Vikas Dutta, Mr Siddharth Silwal and Mr Shiva Sambyal, Advocates. UNION OF INDIA AND ORS. versus ........ RESPONDENTS Through: Mr Rajesh Gogna, CGSC with Mr Sushil Kumar Pandey, Ms Vipra Bhardwaj and Ms Sugandha, Advocates for R-1 & 2. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2112.2017 VIBHU BAKHRU, J CM No.46956/2017 1.2. Exemption is allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 11519/2017 and CM No.46955/2017 3. The petitioner has filed the present petition, inter alia, praying as under:-"(a) Issue an appropriate writ, order or direction including a writ, order or direction in the nature of mandamus, certiorari or any other appropriate writ for quashing and setting aside the Certificate of Registration bearing F. No.12-22/2017-IPR-VII dated 28.1...


Dec 21 2017

Wishwa Mittar Bajaj & Sons (Constructions) Pvt. Ltd vs.bptp Ltd

Court: Delhi

Decided on: Dec-21-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP (COMM) No.427/2017 Reserved on:28th November, 2017 Date of decision:21. t December, 2017 WISHWA MITTAR BAJAJ & SONS (Constructions) Pvt. Ltd Through: Mr.Raghavedra Mohan Bajaj ......... Petitioner and Mr.Shreyas Mehrotra, Advs. BPTP LTD Versus Through: None. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA ..... Respondent 1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the Arbitral Award dated 14.07.2017 passed by the Sole Arbitrator in Wishwa Mittar Bajaj & Sons (Constructions) Pvt. Ltd vs. BPTP Ltd., DAC/385/03-13 (hereinafter referred to as impugned Award).2. The respondent vide its Letter of Intent dated 18.04.2007 had awarded the work of construction of Towers (G, H, J & K) for Group Housing Project at Sector-82, Faridabad to the petitioner. A work order dated 19.04.2007 was thereafter issued by the respondent in favour of...


Dec 21 2017

Smt. Maya vs.air Officer Commanding, Air Force

Court: Delhi

Decided on: Dec-21-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: December 21, 2017 W.P.(C) 11536/2017 SMT. MAYA ........ Petitioner Through: Dr.M.K.Ravi, Mr.Ajay Kumar and Mr.K.C.Gupta, Advocates versus AIR OFFICER COMMANDING, AIR FORCE Through: Mr.Vivek Goyal, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) ORDER1... Petitioner claims to have been a part-time safaiwali in Family Welfare Planning Centre at Air Force Station, New Delhi with effect from 29th June, 1990. Her appointment letter (Annexure P-1) provides that her services would be terminated by one months notice or with immediate effect with a rider that in lieu of the notice period, a sum equivalent to the honorarium for the notice period would be paid to her. The grievance of petitioner put forth by learned counsel is that without any notice or reason petitioners services have been arbitrarily dispensed with, with effect from 31st May, 2017 and petitioner had sent a legal notice (Annexure P-8) to responde...


Dec 21 2017

Uoi vs.amar Constructions

Court: Delhi

Decided on: Dec-21-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. h December, 2017 Pronounced on:21. t December, 2017 + O.M.P. 271/2010 UOI Through : Mr.Vivekanand Mishra ........ Petitioner and Mr.Vipul Agrawal, Advocates. versus AMAR CONSTRUCTIONS ..... Respondent and Mr.Varun Through : Mr.K.P.Singh Pandey, Advocates. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This petition is under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act) for setting aside the arbitral award dated 30.12.2009 passed against the petitioner and in favour of respondent.2. a) The brief facts leading to this petition are as follows:-"It is alleged the respondent/claimant was awarded a contract for the construction of ARC Directorate Complex at Palam, New Delhi for providing living accommodation to the officers at tender amount of `60,21,579/-. O.M.P.271/2010 Page 1 of 22 b) The stipulated date of commencement of the contract was 02.02.2002 and the date of co...


Dec 21 2017

Cambridge Senior Secondary School & Anr. Vs.dr Islam Uddin & Ors

Court: Delhi

Decided on: Dec-21-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 21, 2017 + W.P.(C) 9011/2017 & C.M. 36862/2017 & C.M.38579/2017 CAMBRIDGE SENIOR SECONDARY SCHOOL & ANR. .....Petitioners Through: Mr. Rajat Aneja & Ms. Nisha Sharma, Advocates Versus DR ISLAM UDDIN & ORS .....Respondents Through: Ms. Indrani Ghosh, Advocate for respondent No.1 Mr. Arun K. Sharma, Advocate for respondents No.2 & 3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL Impugned order of 12th September, 2017 (Annexure P-18) sets 1. aside the order of 14th March, 2013 (Annexure P-11colly) vide which first respondents employment as Post Graduate Teacher (PGT)- Physics stood terminated with immediate effect. As regards back wages, impugned order of 12th September, 2017 (Annexure P-18) directs that upon Representation by first respondent, back wages be computed in terms of Rule 121 of Delhi School Education Act & Rules, 1973.2. The facts of this case are noticed in the opening paragraphs of the impugned order ...


Dec 21 2017

Ram Samujh Verma vs.m/s. Abbey & Sons

Court: Delhi

Decided on: Dec-21-2017

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.8218/2015 Judgment Reserved on:4. h December, 2017 Judgment Pronounced on:21. t December, 2017 RAM SAMUJH VERMA Through: Mr.S.S.Ali, Advocate ........ Petitioner versus M/S. ABBEY & SONS ..... Respondent Through: Mr.Iqbal Ashraf Rahmani, Advocate CORAM: HON'BLE MR. JUSTICE CHANDER SHEKHAR CHANDER SHEKHAR, J.1. The petitioner has filed the present petition under Articles 226 and 227 of the Constitution of India, praying, inter alia, for a writ of certiorari or any other appropriate writ, order or direction calling for the records of DID No.182/2010 decided by Sh.Satinder Kumar Gautam, Presiding Officer, Labour Court, Karkardooma Courts, Delhi and for setting aside the award dated 04.01.2014 to the extent it has granted a paltry compensation of Rs.50,000/- instead of reinstatement and full backwages.2. Learned counsel for the petitioner has submitted that he has not filed any other similar writ petition or other legal proceeding...


Dec 21 2017

Jayaswal Neco Industries Ltd vs.goyal Mg Gases Pvt Ltd

Court: Delhi

Decided on: Dec-21-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP(COMM) 404/2017 & IA135182017 Reserved on:20. h November, 2017 Date of decision:21. t December, 2017 JAYASWAL NECO INDUSTRIES LTD ........ Petitioner Through: Mr.Sidharth Luthra and Mr.Sachin Datta, Sr. Advs. with Mr.Devashish Bharuka and Mr.Ravi Bharuka, Advs. versus GOYAL MG GASES PVT LTD ..... Respondent Through: Mr.Parag Tripathi, Sr.Adv. with Mr.Simran Mehta, Ms.Mishika Bajpai and Ms.Jyoti Sagar, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 This petition under Section 34 of the Arbitration and Conciliation Act,1996 (hereinafter referred to as the Act) has been filed by the petitioner namely Jayaswal Neco Industries Ltd. challenging the Arbitral Award dated 04.08.2017 along with the correction made thereto on 15.09.2017 by the Sole Arbitrator.2. The parties had entered into an Agreement for leasing of 70 TPD Air Separation Plant/Equipment dated 14.03.2003 (hereinafter referred to as the Agreement) where under 70 TPD Air Separation pl...


Dec 21 2017

Aas Mohammed vs.d.t.c.

Court: Delhi

Decided on: Dec-21-2017

$~1 and 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 6244/2003 and CM APPL No.11994/2005 Date of decision: December 21, 2017 AAS MOHAMMED ........ Petitioner Through Mr. Dilshad A. Khan, Advocate D.T.C. versus Through Ms. Bhakti Pasrija Sethi and Mr. ..... Respondent Moksh Pasrija, Advocates + W.P.(C) 498/2004 and CM APP No.400/2004 D.T.C. Through Ms. Bhakti Pasrija Sethi and Mr. ........ Petitioner Moksh Pasrija, Advocates versus AAS MOHAMMAD & ANR. ........ RESPONDENTS Through Mr. Dilshad A. Khan, Advocate for CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR R-1 These writ petitions arise from an order dated 29th January 2003, 1 JUDGMENT (ORAL) passed by the learned Industrial Tribunal-II, Karkardooma Courts, Delhi (hereinafter referred to as the learned Tribunal), in an application filed by the Delhi Transport Corporation (DTC), under Section 33(2)(b) of the Industrial Disputes Act, 1947 for approval of its action to remove the WP (C) 6244/2003 & WP (C) 498/2004 Page 1 of 8 work...


Dec 21 2017

Mr. Bhavnesh Kumar Kanwar & Ors. Vs.rave Scans Pvt. Ltd. & Ors.

Court: Delhi

Decided on: Dec-21-2017

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11490/2017 & C.M. Nos. 46845-846/2017 MR. BHAVNESH KUMAR KANWAR & ORS. ........ Petitioners Through: Ms. Maneesha Dhir, Ms. Varsha Banerjee and Mr. M.S. Negi and Mr. Kunal Godhwani, Advocates. versus RAVE SCANS PVT. LTD. & ORS. ........ RESPONDENTS Through: Mr. Rajat K. Advocate for R-3. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % ORDER2112.2017 1. The present petition has been listed by the Registry before this Bench, in terms of an order dated 20.12.2017, passed by the Honble Acting Chief Justice as the Roster Bench has not assembled today.2. The petitioners seek quashing of the order dated 28.9.2017, passed by the NCLT, dismissing their application for issuing directions to the respondents not to initiate proceedings against them in any case including arbitration proceedings pending in the Calcutta High Court and the contemplated proceedings under Section 138 of the Negotiable Instrument Act, 1881.3....


Dec 21 2017

Dhoom Singh vs.govt. Of Nct of Delhi and Ors.

Court: Delhi

Decided on: Dec-21-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 1281/2015 DHOOM SINGH Date of decision: December 21, 2017 Through: Mr. Sundeep Srivastava, Adv. ........ Petitioner versus GOVT. OF NCT OF DELHI AND ORS. Through: Mr. Yeeshu Jain, Adv. with Ms. Jyoti ..... Respondent Tyagi, Adv. Mr. Parvinder Chauhan, SC for DUSIB with Mr. Nitin Jain, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. Rejoinder filed.2. This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra Nos. 670 (0-14) and 671 (0-14) situated in the Revenue Estate of village Bhalsva, Jahangirpur, Tehsil North-West (hereinafter referred to as the subject land) are deemed to have lapsed on account of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ...


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