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Delhi Court March 2017 Judgments

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Mar 23 2017

Shiv Ratna Paper (P) Ltd. Vs.ridhi Petrochem Pvt. Ltd.

Court: Delhi

Decided on: Mar-23-2017

$~2 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 178/2016 SHIV RATNA PAPER (P) LTD. ..... Plaintiff Through Mr O.P. Gaggar, Advocate. versus RIDHI PETROCHEM PVT. LTD. ..... Defendant Through Mr Rakesh Kumar Khanna, Senior Advocate with Mr Dhaminder N. Grover, Mr Jay K. Bhardwaj and Mr Harsh Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU ORDER2303.2017 % VIBHU BAKHRU,J IA No.11237/2016 1. This is an application filed by the plaintiff (hereafter 'SRP') under Order XIIIA Rule 4 of the Code of Civil Procedure, 1908 (hereafter the CPC), the suit be decreed by pronouncing a summary judgment. inter alia, praying that 2. SRP has filed the above captioned suit for recovery of a sum of `1,52,49,918.07, being the sale consideration for the goods claimed to have been supplied to the defendant (hereafter 'RPPL') along with pendente lite and future interest.3. SRP is a private company, engaged in trading of paper and allied CS (COMM) 178/2016 Page 1 of 5 products (hereafter 'the g...


Mar 23 2017

Mithlesh Kumar Aggarwal vs.athena Infrastructure Ltd

Court: Delhi

Decided on: Mar-23-2017

$~19 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P.(T) 4/2017 MITHLESH KUMAR AGGARWAL ........ Petitioner Through Mr R.K. Saini and Ms Minal Sehgal, Advocates. versus ATHENA INFRASTRUCTURE LTD. ..... Respondent Through Mr Sachin Datta, Senior Advocate with Mr Pallav Pandey, Advocate with Mr Manmohan Singh, AR, CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU ORDER2303.2017 % VIBHU BAKHRU,J IA No.3669/2017 Allowed, subject to all just exceptions. The application is disposed of.1. 2. O.M.P.(T) 4/2017 & IA No.3670/2017 (stay) This is a petition filed under Section 15 (2) of the Arbitration and 3. Conciliation Act, 1996 (hereafter 'the Act') for appointment of an arbitrator in place of Justice S.K. Mahajan (Retired) who has since expired on 23.09.2016.4. Justice S.K. Mahajan (Retired) was appointed by this Court by an order dated 30.04.2014 in the arbitration petition (ARB. P. No.137/2014) O.M.P. (T) 4/2017 Page 1 of 4 filed by the petitioner under Section 11 of the Act. The learned counsel for...


Mar 23 2017

Usha Talwar vs.the Chairperson, Navyug School Educational Society & Or ...

Court: Delhi

Decided on: Mar-23-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % USHA TALWAR W.P.(C) No.1623/2010 23rd March, 2017 ........ Petitioner Mr. Piyush Sharma, Adv. Through: versus THE CHAIRPERSON, NAVYUG SCHOOL EDUCATIONAL SOCIETY & ORS. ........ RESPONDENTS Through: Mr. Tarunvir Singh Khehar, Ms. and Mr. Guneet Khehar Charanjeet Singh, Advocates for R-1,3 and 4. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition under Article 226 of the Constitution of India, the petitioner/Smt. Usha Talwar seeks the relief of being granted higher pay-scale on achieving the second stage of the Assured Career Promotion Scheme (ACP Scheme) on completion of 24 years of service.... Petitioner seeks the relief of grant of the higher pay-scale of ACP-II along with compound interest.2.... Petitioner joined the respondent No.4/school as an Assistant Teacher on 16.3.1985, the respondent No.4/school being W.P.(C) No.1623/2010 Page 1 of 8 controlled by th...


Mar 23 2017

Ganesh Pandey vs.the Management of : M/S Ambassador Co. .

Court: Delhi

Decided on: Mar-23-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. d March, 2017 ........ Petitioner Through: Mr. Jatin Kumar, Advocate along with petitioner in person. $~22 * % + W.P.(C) 11760/2004 GANESH PANDEY versus THE MANAGEMENT OF : M/S AMBASSADOR CO. ..... Respondent Through: Mr. Rajesh Gogna, Adv. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award dated 29th January, 2004 of the Labour Court whereby the Labour Court declined the backwages to the petitioner.2. The petitioner joined the respondent as a press-man on 16th February, 1992 and was terminated on 14th May, 1994. The petitioner raised an industrial dispute which was referred to the Labour Court which resulted in the award dated 29th January, 2004.3. During the pendency of the industrial dispute, the respondent offered the job to the petitioner who re-joined on 25th March, 2003. In that view of the matter, the petitioner restricted his claim to the back wages for the period 1994 to ...


Mar 23 2017

We the Citizens Through Its Secretary vs.union of India & Ors.

Court: Delhi

Decided on: Mar-23-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.1291/2017 Reserved on :17. h March, 2017 Date of decision:23. d March, 2017 WE THE CITIZENS THROUGH ITS SECRETARY........ Petitioner Through: Mr. Barun Kumar Sinha, Advocate UNION OF INDIA & ORS. ........ RESPONDENTS versus Through: Mr. Rishabh Sahu & Mr. Sameer Sharma, Advocates for respondent No.1 Mr. Sanjoy Ghose, ASC with Mr. Rishabh Jaitley, Advocate for respondent No.2 Mr. Sumeet Pushkarna, Standing Counsel with Mr. Siddhartha Nagpal, Advocates for State Election Commission with Mr. Girish Pandey, Deputy Secretary. Mr. Rakesh Mittal, Advocate for SDMC Mr. G.D. Mishra, Advocate for EDMC W.P.(C) 1632/2017 SOMA RANI Through: Mr. Rakesh Khanna, Senior Advocate with Mr. Sunil Nagar, Mr. Vijay Kasana & Ms. S. Bushra Kazim, Advocates ........ Petitioner STATE ELECTION COMMISSION AND ORS versus ........ RESPONDENTS Through: Mr. Sumeet Pushkarna, Standing Counsel with Mr. Siddhartha Nagpal, Advocates for State Electio...


Mar 22 2017

Vicky vs.the State ( Gnct of Delhi)

Court: Delhi

Decided on: Mar-22-2017

* % + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. h October, 2016 Decided on:22. d March, 2017 CRL.A. 596/2016 & Crl.M.B. 1266/2016 VICKY Represented by: Mr. Dhan Mohan with Ms. ..... Appellant versus Tanu B. Mishra, Advs. THE STATE ( GNCT OF DELHI) ..... Respondent Represented by: Ms. Rajni Gupta, APP for the State. CRL.A. 650/2016 & Crl.M.B. 1355/2016 HARISH @ ZAHAR ..... Appellant STATE Represented by: Ms. Manika Tripathy Pandey with Mr. Ashutosh Kaushik, Advs. versus ..... Respondent Represented by: Mr. Ravi Nayak, APP for the CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA State 1. Convicted for offence punishable under Sections 3IPC Vicky and Harish @ Zahar challenge the impugned judgment dated 10th May, 2016 and the order on sentence dated 16th May, 2016 directing them to undergo rigorous imprisonment for a period of five years and to pay a fine of `20,000/- each.2. Assailing the conviction, Learned Counsel for Vicky submits that Crl.A. 596/2016 & 650/2016 Page 1 of 6 there...


Mar 22 2017

Jai Prakash Rawat vs.state & Anr.

Court: Delhi

Decided on: Mar-22-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : MARCH22 2017 CRL.M.C. 3398/2016 + JAI PRAKASH RAWAT Through : Mr.K.K.Sharma, Advocate. ........ Petitioner versus STATE & ANR. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Ms.Meenakshi Dahiya, APP. Mr.Vipin Jai, Advocate, for R-2. S.P.GARG, J.(ORAL) 1. Present petition under Section 482 Cr.P.C. has been filed by the petitioner for quashing of FIR No.182/2007 registered under Sections 420/467/468/471/120B IPC at Police Station Tughlak Road. Status report is on record.2. I have heard the learned counsel for the parties and have examined the file.3.... Petitioners counsel urged that since the matter has been settled with the complainant-Bank i.e. respondent No.2 and No Due Certificate has been issued by complainant-Bank, no useful purpose will be served to continue with the proceedings. Crl.M.C.3398/2016 Page 1 of 4 4. Perusal of the Trial Court record reveals that the FIR was lodged on the complaint of compla...


Mar 22 2017

Kamal Wadhwa vs.gulshan Singh Arora

Court: Delhi

Decided on: Mar-22-2017

$~24. * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA3202017 and CAV2672017, 11335/2017, 11336/2017 KAMAL WADHWA ..... Appellant Through: Mr. Sacchin Puri, Sr. Advocate with Mr. Mayank Wadhwa and Ms. Mehak Tanwar, Advocates versus GULSHAN SINGH ARORA Through: None ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER2203.2017 1. Mr. Puri, learned Senior Advocate appearing for the appellant states on instructions that instead of pressing the appeal on merits, a limited notice may be issued to the other side on the aspect of the timeline for the appellant to vacate the suit premises. He states that the appellant seeks a period of one year to do so. The said aspect shall be considered only after the respondent enters appearance.2. In view of the submission made by the counsel for the appellant as recorded hereinabove, while disposing of the present appeal alongwith the pending applications, a limited notice is issued to the respondent on the timeline for the appellant to vacate t...


Mar 22 2017

M/S New India Assurance Co. Ltd. Vs.pankaj Kumar & Another

Court: Delhi

Decided on: Mar-22-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI MAC.APP. 253/2008 Date of decision: March 22, 2017 M/S. NEW INDIA ASSURANCE CO. LTD. Through: Mr. D.K. Sharma, Advocate ..... Appellant versus Through: Nemo PANKAJ KUMAR & ANOTHER CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ..... Respondent % ORAL JUDGMENT Vide impugned Award of 16th February, 2008, Motor Accident Claims Tribunal, Delhi (hereinafter referred to as Tribunal) has granted compensation of `2,32,500/- with interest @ 7.5% per annum on account of injuries sustained by first respondent-Pankaj Kumar herein in a road accident on 19th June, 2005. The facts already noticed in the impugned Award need no reproduction. Suffice to note that apart from the evidence of Injured, there is deposition of B.D.Aggarwal (R2W1), an authorized officer of appellant-Insurer, who has proved on record the Report (Mark 'A') of the concerned Licensing Authority to the effect that driving licence in question was not issued by the said Licensing Authority. On the b...


Mar 22 2017

Jahid @ Banti vs.state

Court: Delhi

Decided on: Mar-22-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:28. h November, 2016 Decided on:22. d March, 2017 CRL.A. 154/2016 SONI @ MEHTAB ..... Appellant Represented by: Mr. Dhan Mohan and Ms. Tanu B. Mishra, Advocates. versus THE STATE GNCT OF DELHI ..... Respondent Represented by: Mr. Hirein Sharma, APP for the State with SI Hukam Chand, PS GTB Enclave. + CRL.A. 329/2016 JAHID @ BANTI ..... Appellant Represented by: Mr. Ajay Verma, Advocate. STATE + versus ..... Respondent Represented by: Mr. Ravi Nayak, APP for the State with SI Hukam Chand, PS GTB Enclave CRL.A. 424/2016 SALEEM @ MENDAK ..... Appellant Represented by: Mr. Saurabh Kansal, Advocate STATE for Ms. Pallavi S. Kansal, Advocate. versus Represented by: Ms. Meenakshi Chauhan, APP ..... Respondent for the State with SI Hukam Chand, PS GTB Enclave CRL.A. 154/2016, 329/2016 & 424/2016 Page 1 of 8 CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 Vide impugned judgment dated 17th November, 2015 Soni @ Mehtab, Jahid @ Banti, and Saleem @ ...


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