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Delhi Court March 2017 Judgments

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Mar 20 2017

Sansar Chand vs.union of India & Anr

Court: Delhi

Decided on: Mar-20-2017

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.3844/2015 Date of Decision :20. h March, 2017 SANSAR CHAND ........ Petitioner Through Mr. Sudarshan Rajan and Mr. Arjun Gadhoke, Advocates versus UNION OF INDIA & ANR ........ RESPONDENTS Through Mr. Vikas Mahajan, CGSC and Mr. S. S. Rai, Advocate CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL): This is second round of litigation.2. The petitioners had earlier filed OA No.2091/2010 which was disposed of by the Principal Bench of the Central Administrative Tribunal vide order dated 29.03.2011 with the following observations and directions:-"Two things stand out in the facts of this case. First, in effecting the 10% cut, the respondents had abolished the vacant posts of DFO (10), AFO (48) and SFA(8). Once the cut was restored by order dated 07.05.2003, it would stand to, reason that the vacant posts, as mentioned above, would W.P. (C) No.3844/2015 Page 1 of 9 also be restored....


Mar 20 2017

Alok Kumar Sharma and Ors. Vs.national Council for Cooperative Trainin ...

Court: Delhi

Decided on: Mar-20-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % + W.P.(C) No.7289/2011 W.P.(C) No.7289/2011 & conn. Matters Reserved on:9. h March, 2017 Pronounced on:20. h March, 2017 ALOK KUMAR SHARMA AND ORS. ........ Petitioners Through: Mr. Monoj Ohri, Sr. Adv. with Ms. Prabhsahay Kaur, Mr. Abhimanyu Singh and Ms. Shilpa Dewan, Advocates. versus NATIONAL COUNCIL FOR COOPERATIVE TRAINING (NCCT) AND ANR. ........ RESPONDENTS Through: Mr. J.K.Singh and Ms. Madhulika Agarwal, Advocates for R-1/NCCT. Mr. Ripu Dhaman Bhardwaj, CGSC with Mr. Sahaj Garg, Advocate for R-2/UOI. + W.P.(C) No.7568/2012 POOJA ARORA Through: Mr. Sanjiv Bahl and Mr. ........ Petitioner versus Eklavya Bahl, Advocates. UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr. Ripu Daman Bhardwaj, CGSC and Mr. Sahaj Garg, Advocate for R-1 & 3. Mr. J.K.Singh and Ms. Madhulika Agarwal, Advs. for R-2,4 and 5. + W.P.(C) No.7715/2012 W.P.(C) No.7289/2011 & conn. matters Page 1 of 36 S. HEROJIT SINGH Through: versus UNION OF INDIA AND ORS...


Mar 20 2017

Gulshan Khatri vs.google Inc.

Court: Delhi

Decided on: Mar-20-2017

$~16 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 497/2016 GULSHAN KHATRI ........ Petitioner Through: Ms Kajal Sharma and Mr Rajiv Bakshi Advocates versus GOOGLE INC. Through: Mr Aditya Verma and Ms Tanya Verma, Advocates ..... Respondent CORAM: JUSTICE S. MURALIDHAR ORDER2003.2017 1. Is a Googlee a wrong one?. A cricket enthusiast will say, Yes of course. In the virtual world too, the answer is well, yes, as the... Petitioner, Mr. Gulshan Khatri found to his consternation, when he used it as a domain name: 'googlee.in'.2. The cause for Mr Khatri's angst is an Award dated 6th May, 2011 by an Arbitrator appointed by the National Internet Exchange of India (NIXI). The Arbitrator examined a complaint against Mr Khatri by the Respondent Google Inc. USA (hereafter 'Google'). He agreed with Google that the domain name 'googlee.in' registered by Mr Khatri was confusingly similar to Google's domain name. He directed that the infringing domain name 'googlee.in' be transferred to...


Mar 20 2017

Inderjeet Singh vs.north Delhi Municipal Corporation

Court: Delhi

Decided on: Mar-20-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :16. 3.2017 Judgment delivered on :20. 3.2017 + W.P.(C) 8725/2015 INDERJEET SINGH ........ Petitioner Through Ms. Neha Garg and Mr. Nitin Garg, Advocates versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Ms. Mini Pushkarna, Standing Counsel for NDMC CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.For order see WP(C) 8722/2015. MARCH20 2017/A INDERMEET KAUR, J...


Mar 20 2017

Manoj Kumar @ Monu vs.state

Court: Delhi

Decided on: Mar-20-2017

$~9. IN THE HIGH COURT OF DELHI AT NEW DELHI * + % W.P.(CRL) 2714/2016 and Crl.M.A. No.14427/2016 MANOJ KUMAR @ MONU Date of Decision:20. 03.2017 ........ Petitioner Through: Mr. R.P.Luthra, Advocate. versus STATE ..... Respondent Through: Mr. R.S.Kundu, ASC with ASI Ajit Singh. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(OPEN COURT) 1. The petitioner has preferred the present writ petition to assail the order dated 02.06.2016 passed under Section 50 of Delhi Police Act, 1978, by the Additional Deputy Commissioner of Police, North East District, Delhi, as also the order dated 24.08.2016 under Section 51 of the Delhi Police Act, 1978, passed by Honble Lieutenant Government, Delhi. By the first order, the petitioner was externed from NCT of Delhi for a period of W.P.(CRL) 2714/2016 Page 1 of 15 one year with effect from 09.06.2016. By the second order, his statutory appeal has been dismissed by the Honble Lieutenant Governor.2. The impugned order dated 02.06.2016 itself narr...


Mar 20 2017

Foshan Shansui Romantic Ceramics Co. Ltd. & Ors. Vs.union of India & A ...

Court: Delhi

Decided on: Mar-20-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgement delivered on:20. h March, 2017 W.P.(C) No.2540/2017 & CM Nos. 10959-60/2017 FOSHAN SHANSUI ROMANTIC CERAMICS CO. LTD. & ORS. .....Petitioners Through: Mr. Balbir Singh, Senior Advocate with Ms.Rubal Maini and Ms. Pramila Viswanathan, Advocates. Versus Through: Mr. Anurag Ahluwalia, CGSC. UNION OF INDIA & ANR. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI ......... RESPONDENTS NAJMI WAZIRI, J.:-"CM No.10959/2017 (for exemption) 1. Allowed, subject to all just exceptions.2. The application stands disposed off. W.P.(C) No.2540/2017 & CM No.10960/2017 3. Issue notice. Mr. Anurag Ahluwalia, CGSC accepts notice on behalf of the respondents.4. With the consent of the parties, the petition is taken up for final hearing.5. The petitioner seeks quashing of the final order dated 25.01.2017 passed by the Customs Excise & Service Tax Appellate Tribunal (CESTAT) ITA Nos.547/2013 & other connected matters Page 1...


Mar 20 2017

M/S Singh Caterers & Vendors & Anr vs.indian Railways Catering and Tou ...

Court: Delhi

Decided on: Mar-20-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI22$~ * + W.P.(C) 9531/2016 & CM APPL. 38124/2016 M/S SINGH CATERERS & VENDORS & ANR ........ Petitioners Through: Mr. Ramesh Singh, Advocate with Mr. Rohit Kumar, Advocate. versus INDIAN RAILWAYS CATERING AND TOURISM CORPORATION LTD. ..... Respondent Through: Mr. Rajat Malhotra, Advocate with Mr. Sunil Malhotra, Advocate for respondent No.1.-IRCTC. Date of Decision:20. h March, 2017 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present writ petition has been filed challenging the termination letter dated 26th September, 2016 passed by respondent-IRCTC terminating the temporary license awarded to the petitioners for management of On Board Catering Services in Train No.22477-78, JP-JUSF Express on the ground that petitioners had failed to accept the award of temporary license and had not paid the security deposit and license fee within the stipulated time.2. Respondent in terms of Clause 4.8 of the tender document also debarr...


Mar 20 2017

Abodh vs.the State (Nct of Delhi)

Court: Delhi

Decided on: Mar-20-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :7. h MARCH, 2017 DECIDED ON :20. h MARCH, 2017 CRL.A.364/2016 ..... Appellant Through : Ms.Sunita Arora, Advocate with VERSUS Mr.Krishan Kumar, Advocate. ABODH THE STATE (NCT OF DELHI) CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Ms.Meenakshi Dahiya APP. ..... Respondent S.P.GARG, J.1. Aggrieved by a judgment dated 30.01.2016 of learned Addl. Sessions Judge in Sessions Case No.80/2012 arising out of FIR No.251/2012 PS S.P. Badli by which the appellant Abodh was held guilty for committing offences punishable under SectionsIPC, instant appeal has been preferred by him. By an order dated 03.02.2016, he was sentenced to undergo RI for seven years with fine `10,000/- under Section 376 IPC and RI for two years with fine `10,000/- under Section 318 IPC. Both the sentences were to operate concurrently.2. Briefly stated, the prosecution case as reflected in the charge- sheet was that the prosecutrix X (changed name) aged around 15 years...


Mar 20 2017

National Insurance Co. Ltd. Vs.indrani Dasgupta & Ors.

Court: Delhi

Decided on: Mar-20-2017

(ii) + versus * (i) IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 20, 2017 + INDRANI DASGUPTA & ANR. MAC.APP. 201/2009 Through: Mr. R.K. Kohli, Advocate .....Appellants versus PARVINDER KUMAR & ORS. .....Respondents Through: Mr. L.K. Tyagi, Advocate for respondent No.3-Insurer MAC.APP. 318/2009 NATIONAL INSURANCE CO. LTD. Through: Mr. L.K. Tyagi, Advocate ..... Appellant INDRANI DASGUPTA & ORS. .....Respondents Through: Mr. R.K. Kohli, Advocate for respondents-claimants CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT The above captioned two appeals are directed against common impugned Award of 13th December, 2008 vide which compensation of `45,78,000/- has been granted to legal heirs of one Krishnendu Dasgupta, aged 46 years, a Senior Manager in Engineers India Limited on account of his death in a road accident on 5th June, 2003. MAC. APPs.201 & 318 of 2009 Page 1 of 5 In the above-captioned first appeal, enhancement of compensation is sought by legal heirs of...


Mar 20 2017

Mahanagar Telephone Nigam Limited & Another vs.salim Ansari

Court: Delhi

Decided on: Mar-20-2017

$~10. * + IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION(CIVIL) No.9160/2015 Date of decision:20. h March, 2017 MAHANAGAR TELEPHONE NIGAM LIMITED & ANOTHER Through Mr. Saket Sikri & Mr. Vaibhav Kalra, Advocates. ........ Petitioners versus SALIM ANSARI ..... Respondent Through Mr. Shanker Raju & Mr. Nilansh Gaur, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL): Salim Ansari, the respondent before us, was charge sheeted vide memorandum dated 14th June, 2005 on the following articles of charge:-"That the said Shri Ansari SDE while working as COC- XI(N) staff No.(GO-101519) under G.M. (Dev.), MTNL, New Delhi during the period 2001-02, 2002-03, 2003-04 and 2004-05 has committed an act of gross misconduct and misbehaviour in as much as he has not maintained the proper records in respect of received telephone poles were not from different stores of Area SDEs and entries of most of the telephone poles not made in the stock...


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