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Delhi Court March 2017 Judgments

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Mar 10 2017

Harvinder Singh vs.afsar Khan

Court: Delhi

Decided on: Mar-10-2017

$~A-49 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:10. 03.2017 RC.REV. 69/2017 HARVINDER SINGH ........ Petitioner Through Mr.Madan Lal Sharma, Advocate versus AFSAR KHAN Through Mr.Zakir Raza, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. By the present revision petition filed under section 25-B(8) of the Delhi Rent Control, Act, 1958 the petitioner seeks to impugn the order dated 5.10.2016 by which order the trial court while considering the application of the respondent seeking leave to defend dismissed the Eviction Petition.2. The petitioner has filed the eviction petition under section 14(1)(e) of the DRC Act stating that the petitioner is the owner of the tenanted premises. It is stated that the elder son of the petitioner Shri Harmeet Singh who is pursuing Mechanical Engineering and was in the third year as on 18.1.2014, has made up his mind to start his own profession from the tenanted premises. Hence, the Eviction ...


Mar 10 2017

Simplex Infrastructures Limited vs.national Highways Authority of Indi ...

Court: Delhi

Decided on: Mar-10-2017

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:08. 03.2017 Judgment delivered on:10. 03.2017 + W.P(C) 7935/2015 SIMPLEX INFRASTRUCTURES LIMITED ..... Appellant versus NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR. ........ RESPONDENTS Advocates who appeared in this case: For the Appellant : Mr Sanjeev Sen, Sr.Adv. with Mr Rakesh Sinha, Mr Samrat Sengupta, Mr Dev Roy and For the Respondent Mr Soumyajit Nath. : Ms Gunjan Sinha Jain with Mr Mukesh Kumar for NHAI. CORAM:-"HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE ASHUTOSH KUMAR JUDGMENT ASHUTOSH KUMAR, J1 The petitioner, a company engaged in the business of civil and infrastructure construction had participated in a tender floated by the respondent No.1 on 09.01.2015 for development of four lane Islampur Bypass of 10.31 kms length at NH-31 in the State of West Bengal under NHDP Phase-II. The bid of the petitioner was rejected vide order dated 28.07.2015 passed by respondent No.1 and the pre bid security deposit ...


Mar 10 2017

Shobha Ram Ahirwar vs.ntpc Limited & Ors.

Court: Delhi

Decided on: Mar-10-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.1897/2016 + % SHOBHA RAM AHIRWAR10h March, 2017 Mr. F.S.Chauhan, Advocate. ........ Petitioner Through: versus NTPC LIMITED & ORS. ........ RESPONDENTS Through: Mr. Puneet Taneja and Ms. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA Shaheen, Advocates. To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. With respect to this Court lacking territorial jurisdiction, as also being a forum non-conveniens, a detailed order was passed on 25.1.2017, which reads as under:-"It is seen that this Court would not have territorial jurisdiction to 1. entertain this writ petition because petitioners services were not at Delhi but were at Dadri, Uttar Pradesh.... Petitioner was posted from Dadri, Uttar Pradesh to Auraiya, Uttar Pradesh and again back to Dadri, Uttar Pradesh. Even the impugned letters which the petitioner is challenging, dated 6.7.2015 and 30.7.2015, have been issued by the employer/NTPC Limited from its Dadri office. The...


Mar 10 2017

Madan Lal & Anr vs.dharamwati & Ors.

Court: Delhi

Decided on: Mar-10-2017

$~13 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA5862016 & C.M. No.29371/2016 MADAN LAL & ANR Through: None. versus DHARAMWATI & ORS. Through: None. ..... Appellants ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER1003.2017 1. The matter was passed over on the first call as none was present on behalf of the appellants. Same is the position even on the second call.2. It appears that the appellants are not interested in prosecuting the present appeal, which is accordingly dismissed in default and for non- prosecution along with pending application. MARCH10 2017 ap HIMA KOHLI, J...


Mar 10 2017

‘X’ (Assumed Name) vs.vikash Sharma & Anr.

Court: Delhi

Decided on: Mar-10-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :11. h JANUARY, 2017 DECIDED ON :10. h MARCH, 2017 CRL.A.506/2014 & CRL.M.A.No.6454/2014 ..... Appellant Through : Mr.Naresh K.Daksh, Advocate. versus ........ RESPONDENTS Through : Ms.Neha Kapoor, Advocate for R1. Ms.Meenakshi Dahiya, APP. X (Assumed name) VIKASH SHARMA & ANR. CORAM: HON'BLE MR. JUSTICE S.P.GARG + S.P.GARG, J.1. Aggrieved by a judgment dated 05.03.2014 of learned Addl. Sessions Judge in Sessions Case No.125/2013 arising out of FIR No.66/2013 registered under Section 376 IPC at PS Dabri whereby the respondent No.1 Vikash Sharma (hereinafter referred as the respondent) was acquitted of the charge, the prosecutrix X (assumed name) has preferred the instant appeal. It is contested by the respondent. Relevant to note is that State did not challenge the respondents acquittal.2. Briefly stated, the prosecution case as set up in the charge-sheet was that on 07.03.2012 on the day of Holi, at House No.RZ-20A, Gali No.3, Dab...


Mar 10 2017

Intex Technologies (India) Ltd & Anr vs.m/s Az Tech (India) & Another

Court: Delhi

Decided on: Mar-10-2017

THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:10. 03.2017 % + INTEX TECHNOLOGIES (INDIA) LTD & ANR FAO (OS) No.1/2017 & CM Nos. 301/2017 & 303/2017 ... Appellants versus ...... RESPONDENTS M/S AZ TECH (INDIA) & ANOTHER Advocates who appeared in this case:-"For the Appellants For the Respondent : Mr Sudhir Chandra, Senior Advocate with Mr Pravin Anand, Mr Aditya Gupta and Mr Utkarsh Srivastava : Ms Prathiba M. Singh, Sr. Adv. with Mr Sagar Chandra and Mr Ankit Rastogi CORAM:-"HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE ASHUTOSH KUMAR BADAR DURREZ AHMED, J JUDGMENT1 The appellants (Intex) are aggrieved by the judgment and / or order dated 24.12.2016 delivered by a learned single Judge of this court in IA No.17138/2013, which was an application filed under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (Code) in CS(OS) 2060/2013, filed by the respondents (AZ Tech). The said suit and application were filed in respect of the trade mark AQUA. The respond...


Mar 10 2017

‘X’ (Assumed Name) vs.state (Nct of Delhi) & Ors.

Court: Delhi

Decided on: Mar-10-2017

$~25 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.REV.P.335/2016 & CRL.M.A.No.7308/2016 DECIDED ON :10. h MARCH, 2017 X (Assumed name) ........ Petitioner Through : Mr.Mohit Mathur, Sr.Advocate with Mr.Neeraj Chaudhari & Mr.Akshay Chandra, Advocates. versus STATE (NCT OF DELHI) & ORS. ........ RESPONDENTS Through : Ms.Manjeet Arya, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(Oral) 1. Present revision petition has been preferred by the petitioner victim X (changed name) to challenge the legality and correctness of an order dated 02.03.2016 of learned Addl. Sessions Judge in Crl.A.No.09/2015 arising out of FIR No.registered under Section 509 IPC at PS Prasad Nagar whereby judgment dated 31.10.2014 of learned Metropolitan Magistrate acquitting the respondents was upheld.2. Learned Senior Counsel for the petitioner urged that the impugned orders cannot be sustained as there was cogent and material evidence on record to establish commission of offence punishable under Section ...


Mar 10 2017

Deep Chand vs.union of India & Ors.

Court: Delhi

Decided on: Mar-10-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 11014/2015 Date of decision:10. h March, 2017 DEEP CHAND Through Mr. M.K. Bharwaj, Advocate. ........ Petitioner versus ..... Respondent $~17 * + Through Ms. Saroj Bidawat, Advocate. UNION OF INDIA & ORS. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) The petitioner-Deep Chand, in this writ petition, impugns the order dated 18th March, 2015 of the Principal Bench of the Central Administrative Tribunal (Tribunal, for short), whereby OA No.1623/2013 filed by him has been dismissed.2. The petitioner was compulsorily retired with effect from 21st September, 2004. However, vide judgment dated 26th March, 2009, in W.P. (C) No.8635/2008, the Revisionary Authority was directed to consider the petitioners representation and look into the matter once again insofar as the quantum of punishment was concerned.3. The Revisionary Authority vide order dated 4th June, 2010 held as under:-"And whereas t...


Mar 10 2017

United India Insurance Co. Ltd. Vs.sushila Rani Katyal and Ors.

Court: Delhi

Decided on: Mar-10-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 10, 2017 MAC. APP.376/2009 & C.Ms.10826-27/2009 UNITED INDIA INSURANCE CO. LTD. Through: Mr. L.K. Tyagi, Advocate ..... Appellant versus SUSHILA RANI KATYAL & ORS. .....Respondents Through: Mr. Amit Sharma, Advocate for respondents No.1 & 2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT Appellant is the Insurer of bus No.DL-1PB-3911, which was involved in a road accident on 24th August, 2006. Vide impugned Award of 15th April, 2009, Motor Accident Claims Tribunal (hereinafter referred to as Tribunal) has granted compensation of `6,01,440/- with interest @7.5% per annum to respondents-claimants on account of death of Ms.Mayanka Katyal @ Mansi, who was fatally injured in this accident and had eventually died. Vide impugned Award, learned Tribunal has assessed the loss of dependency at `5,41,440/- by applying the multiplier of 16 and has MAC. APP.376/2009 Page 1 of 5 granted compensation of `50,000/- under the he...


Mar 10 2017

Britannia Industries Ltd vs.itc Limited

Court: Delhi

Decided on: Mar-10-2017

THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:10. 03.2017 FAO (OS) (COMM) 77/2016 & CM Nos.33194-97/2016 % + BRITANNIA INDUSTRIES LTD ITC LIMITED Advocates who appeared in this case:-"For the Appellant ... Appellant ... Respondent versus : Mr Sudhir Chandra Agrawal, Senior Advocate with Mr Sagar Chandra, Ms Ishani Chandra and Mr Ankit Rastogi. For the Respondent : Mr Rajiv Nayyar, Mr Sandeep Sethi and Ms Pratibha M. Singh, Sr Advocates with Mr Sudeep Chatterjee, Ms Jaya Mandelia, Ms Nupur Lamba and Mr Nikhil Lal CORAM:-"HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE ASHUTOSH KUMAR BADAR DURREZ AHMED, J JUDGMENT1 This appeal is directed against the order passed by a learned single Judge of this court on 06.09.2016 in IA No.10139/2016 which was an application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred as CPC). The said application was filed by the respondent / plaintiff (ITC) in its suit being CS (Comm) 1128/2016. FAO (OS...


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