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Delhi Court March 2017 Judgments

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Mar 08 2017

Hasim Mansuri vs.satish Kumar Adya

Court: Delhi

Decided on: Mar-08-2017

$~1 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA9172016 & C.M. No.43843/2016 (stay) HASIM MANSURI ..... Appellant Through: None. versus ..... Respondent Through: Ms. Geeta, Advocate. SATISH KUMAR ADYA CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER0803.2017 1. On the first call, none was present on behalf of the appellant/defendant. In the interest of justice, the matter was passed over. The position remains the same even on the second call.2. A perusal of the order sheets shows that on 25.11.2016, an interim order was granted in favour of the appellant/defendant subject to his depositing the entire decretal amount with upto date interest within six weeks. As per the Registry, the appellant/defendant has failed to deposit any amount. Further, none had appeared on behalf of the appellant/defendant before the learned Registrar (Appellate) on 23.1.2017 and 03.3.2017.3. It appears that the appellant/defendant is not interested in prosecuting the present appeal, which is accordingly dismis...


Mar 08 2017

n.r. Radha vs.assam Govt. Marketing Corporation Ltd. & Anr.

Court: Delhi

Decided on: Mar-08-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.1122/2003 Through: None. versus 8th March, 2017 ........ Petitioner * + % N.R. RADHA ASSAM GOVT. MARKETING CORPORATION LTD. & ANR. ........ RESPONDENTS Through: Mr. Rana Ranjit Singh and Mr. Vivek Kumar Singh, Advocates. 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 prays for grant of revised pay scale of Rs.4120-90- 4480-120-5200-175-5500-EB-175-6600-250-8100-325-9725 with effect from January, 1996. The present writ petition seeking revised pay scale from January, 1996 has been filed in January, 2003.2. The case of the petitioner is that the respondent No.1/Assam Government Marketing Corporation Limited/employer vide circular dated 11.6.2001 accepted the recommendations of the Assam Pay Commission, W.P.(C) No.1122/2003 Page 1 of 3 1998, for grant of higher pay scales and accordingly, the...


Mar 08 2017

Union of India & Anr vs.central Administrative Tribunal and Anr

Court: Delhi

Decided on: Mar-08-2017

$~R-40 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:08. h March, 2017 + W.P. (C) 6147/2002 & C.M. No.10475/2002 UNION OF INDIA & ANR ........ Petitioners Through Mr.Ripu Daman Bhardwaj, CGSC with Mr.T.P. Singh and Mr.Sahaj Garg, Advs. versus CENTRAL ADMINISTRATIVE TRIBUNAL AND ANR .....Respondents Through None CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL G.S.SISTANI, J.(ORAL) 1. Challenge in this writ petition is to the order dated 05th October, 2001 passed by the Central Administrative Tribunal (hereinafter referred to 2.3. as the Tribunal). Rule DB was issued in this matter on 25th September, 2002. The necessary facts to be noticed for disposal of this writ petitio n are that respondent No.2 (applicant before the Tribunal) had approached the Tribunal assailing the orders dated 27th July, 2000 and 7th December, 1999. By the former order, the subsistence allowance, which was being paid to respondent no.2, had been reduced by 50% of W.P. (C ) No....


Mar 08 2017

Bhagwan Dass Khanna Jewellers Pvt Ltd & Ors vs.m/s Bhagwan Das Khanna ...

Court: Delhi

Decided on: Mar-08-2017

% + THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:08. 03.2017 FAO(OS) 551/2015 BHAGWAN DASS KHANNA JEWELLERS PVT LTD & ORS M/S BHAGWAN DAS KHANNA JEWELLERS versus ... Appellants ... Respondent Advocates who appeared in this case: For the Appellants For the Respondent : Mr Sudhir Chandra, Sr Advocate with Mr Hemant Singh, Ms Mamta Jha, Manish K. Mishra and Mr Waseem Shuaib Ahmed : Mr J.Sai Deepak, Ms Rachel Mamatha M. and Mr Avijit Sharma AND FAO(OS) 67/2016 + M/S BHAGWAN DASS KHANNA JEWELLERS Appellant versus BHAGWAN DAS KHANNA JEWELLERS PVT LTD & ORS Advocates who appeared in this case: For the Appellant ... RESPONDENTS : Mr J.Sai Deepak, Adv. with Ms Rachel Mamatha, Mr Avijit Sharma : Mr Sudhir Chandra, Sr. Adv. with Mr Manish K. Mishra, Mr Waseem Shuaib Ahmed and Mr Pranav Narain For the... RESPONDENTS FAO (OS) 551/2015 & FAO(OS) 67/2016 Page 1 of 21 CORAM:-"HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J CM No.217...


Mar 08 2017

Bayer Corporation vs.union of India & Ors

Court: Delhi

Decided on: Mar-08-2017

* % + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:8. h March, 2017. W.P.(C) 1971/2014 BAYER CORPORATION ........ Petitioner Through: Mr. Sudhir Chandra, Sr. Adv. with Mr. Sanjay Kumar, Ms. Arpita Sawhney and Mr. Arun Kumar Jana, Advs. Versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Adv. for R-1 & 6. Mr. Prashant Tyati and Mr. P. Venkat Reddy, Advs. for R-7. Mr. Anand Grover, Sr. Adv. with Ms. Rajeshwari, Ms. Aparna Gaur, Mr. Tahir A.J.and Mr. Gajendra, Advs. for R-5. AND CS(COMM) No.1592/2016 BAYER INTELLECTUAL PROPERTY GMBH & ANR ....Plaintiffs Through: Mr. Pravin Anand, Ms. Archana Shanker, Mr. Aditya Gupta and Mr. Utkarsh Srivastava, Advs. Versus ALEMBIC PHARMACEUTICALS LTD. ..... Defendant W.P.(C) No.1971/2014 & CS(COMM) No.1592/2016 Page 1 of 40 Through: Ms. Prathiba M. Singh, Sr. Adv. with Ms. Saya Chaudhary Kapur, Mr. Vivek Ranjan, Mr. Rohin Koolwal, Ms. Sutapa Jana and Mr. Devanshu Khanna, Advs. CORAM: ...


Mar 08 2017

Ridhima Juneja vs.deven Juneja and Ors

Court: Delhi

Decided on: Mar-08-2017

$~10 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CONT.CAS(C) 1039/2016 RIDHIMA JUNEJA ........ Petitioner Through Ms.Geeta Luthra, Sr.Advocate with Mr.Ujjwal Jain, Advocate with petitioner in person. versus DEVEN JUNEJA AND ORS ........ RESPONDENTS Through Ms.Prerna Mehta, Advocate with respondent in person. Date of Decision:8. h March, 2017 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. The present contempt petition has been filed alleging wilful disobedience of the order dated 19th April, 2016, whereby the Supreme Court had directed the respondent-husband to pay Rs.1 lakh as interim maintenance to the petitioner with effect from 01st May, 2016. The respondent-husband was further directed to clear all the arrears of interim maintenance within a period of three months.2. Ms. Geeta Luthra, learned senior counsel for the petitioner states that the respondent-husband has to pay, till date, the outstanding amount of Rs.67 lakhs in accordance with the direction given ...


Mar 08 2017

Ravinder Kumar vs.umesh Chaudhary and Ors.

Court: Delhi

Decided on: Mar-08-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: March 08, 2017 + MAC.APP. 199/2007 RAVINDER KUMAR ..... Appellant Through: Mr. M.A. Khan, Advocate with appellant in person versus UMESH CHAUDHARY& ORS. .....Respondents Through: Mr. Pankaj Seth and Mr. Shoumik Mazumdar, Advocates for respondent No.3-Insurer CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % ORAL JUDGMENT In this appeal, enhancement of compensation is sought by appellant, who has been granted compensation of `2,70,000/- with interest @ 8% per annum vide Award of 26th August, 2006 on account of injuries sustained by him in a road accident on 19th June, 2005. The facts are already noted in impugned Award and so need no reproduction. Suffice to note that appellant was aged 34 years at the time of accident and was a self-employed driver said to be earning `5,000/- per month. Apart from the evidence of appellant-Claimant, there is other evidence to prove the medical report of appellant and the factum of accident. The owner an...


Mar 08 2017

Ramesh Kumar Babbar vs.rajni Garg

Court: Delhi

Decided on: Mar-08-2017

$~A-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:08. 03.2017 RC.REV. 571/2016 and CM No.44496/2016 (stay) % + RAMESH KUMAR BABBAR ........ Petitioner Through Mr.Gurmeet S. Narula, Advocate versus Through Mr.Amit Vohra, Advocate ..... Respondent RAJNI GARG CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) 1. By the present revision petition filed under Section 25B (8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) the petitioner/tenant seeks to impugn the order dated 01.10.2016 by which his application seeking leave to defend was dismissed and an eviction order was passed against him.2. The respondent filed the present eviction petition under Section 14(1)(e) of the DRC Act seeking an eviction of the property being Shop No.2, 2120/58, Bank Street, Karol Bagh, New Delhi. It is contended that the respondent/landord is the owner of the suit premises vide registered sale deed dated 22.07.2010. The suit property was let out by the pred...


Mar 07 2017

Wig Brothers Construction Private Limited vs.indiabulls Constructions ...

Court: Delhi

Decided on: Mar-07-2017

$~ * 20. + % IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P.(I) 2/2017 WIG BROTHERS CONSTRUCTION PRIVATE LIMITED ........ Petitioner Though: Mr. Jivesh Nagrath, Mr. Arjun Singh Bawa and Mr. Vishakha Gupta, Advocates. versus INDIABULLS CONSTRUCTIONS LIMITED ..... Respondent Though: Mr. Dayan Krishnan, Senior Advocate with Ms. Malavika Lal, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER0703.2017 IA No.2485/2017 (for exemption) 1. Allowed, subject to just exceptions. O.M.P.(I) 2/2017 & IA Nos. 2484/2017 and 2959/2017 2. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (Act) seeking to restrain the Respondent, Indiabulls Constructions Limited (ICL), from invoking or encashing certain bank guarantees (BGs), the prayer being confined to BGs furnished towards the mobilisation advance.3. On 23rd February, 2017, the petition was mentioned for urgent listing. In view of the urgency explained, it was directed by an order passed on that date that the 13 BGs mentioned i...


Mar 07 2017

Jagmohini Sangwan & Anr vs.puran Chand Kaushal

Court: Delhi

Decided on: Mar-07-2017

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA2662017 & C.M. Nos.9291-92/2017 JAGMOHINI SANGWAN & ANR ..... Appellants Through: Mr. Atul Bandhu, Advocate with Mr. Shailja Chauhan, Advocates with appellant No.1 in person. versus PURAN CHAND KAUSHAL Through: None. ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER0703.2017 1. The present appeal has been filed by the appellants/defendants against the impugned judgment dated 27.8.2016, passed by the learned trial court in a suit for recovery of Rs.19.50 lakhs instituted by the respondent/plaintiff towards damages for malicious prosecution.2. The trial court has partly decreed the said suit in favour of the respondent/plaintiff for a sum of Rs.6 lakhs, by taking a note of the fact that the parties had entered into a settlement in terms of a MOU dated 04.2.2015 (Ex.DW1/PA) whereunder, the appellants/defendants and the respondent/plaintiff had agreed to bury their inter se disputes including several cross litigations on the ...


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