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Delhi Court March 2017 Judgments

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Mar 28 2017

Shaikh Mohammed Rizwan vs.uoi & Anr.

Court: Delhi

Decided on: Mar-28-2017

$~8 to 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:28. h March, 2017 + W.P.(CRL) 2129/2016 SHAIKH MOHAMMED RIZWAN ........ Petitioner Through: Mr. Pradeep Jain, Advocate with Mr.Shubhankar Jha, Mr. Rahul Raheja, Mr.Ashish Bansal, Mr. Vikas Sarin and Ms. Mansi Awasthi, Advocates. versus UOI & ANR. Through: Mr. Akshay Makhija, CGSC with ........ RESPONDENTS Ms.Divya Kapur, Advocate for UOI. + W.P.(CRL) 2305/2016 ABDUL AZEEM SALAMTI ........ Petitioner Through: Mr. Pradeep Jain, Advocate with Mr.Shubhankar Jha, Mr. Rahul Raheja, Mr.Ashish Bansal, Mr. Vikas Sarin and Ms. Mansi Awasthi, Advocates. versus UOI REP. ITS JOINT SECRETARY MINISTRY OF FINANCE NEW DELHI & ORS. ........ RESPONDENTS Through: Mr. Sanjeev Narula, CGSC with Mr.Abhishek Ghai, Advocate for UOI. + W.P.(CRL) 2306/2016 SYED ALI FURKHAN ........ Petitioner W.P. (CRL) 2129/2016 & 6 Others Page 1 of 15 Through: Mr. Pradeep Jain, Advocate with Mr.Shubhankar Jha, Mr. Rahul Raheja, Mr.Ashish Bansal, Mr. Vikas S...


Mar 28 2017

Sanjeev Kumar Arora & Ors vs.satish Mohan Agarwal & Ors

Court: Delhi

Decided on: Mar-28-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h March, 2017. CS(COMM) 1353/2016 SANJEEV KUMAR ARORA & ORS Through: Mr. Rajiv Bajaj, Adv. ..... Plaintiffs * % + Versus SATISH MOHAN AGARWAL & ORS ..... Defendants Through: Mr. Pankaj Gupta and Ms. R. Gupta, Advs. for D-1. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.15636/2016 (of D-1 u/O VII R-10 CPC) 1. The applicant/defendant No.1 seeks return of the plaint, in this suit for recovery of Rs.1,60,00,000/- filed in this Court on 23rd September, 2016 as a commercial dispute, contending that it is not a commercial dispute.2. The claim of the plaintiffs for money in the present suit is on the basis of the three defendants having sold immoveable property to the plaintiffs with a promise to deliver the title documents and the plaintiffs subsequently realising that the title documents were lying deposited by way of equitable mortgage with the State Bank of Patiala and for release whereof the plaintiffs had to deposit monie...


Mar 28 2017

Ramendra Kishore Prasad vs.s. Bhattacharya, Chairman of Coal India Lim ...

Court: Delhi

Decided on: Mar-28-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10660/2015 RAMENDRA KISHORE PRASAD ........ Petitioner Pronounced on:28. h March, 2017 Through: Mr.C.N.Sreekumar, Adv. Mr.Amit Sharma, Mr.K.G.Kochar, Advs. Versus with S. BHATTACHARYA, CHAIRMAN OF COAL INDIA LIMITED & ORS ........ RESPONDENTS Through: Mr.Manik Dogra, Sr.Govt. Counsel with Mr.Nitya Sharma, Adv. for UOI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT MS. G. ROHINI, CHIEF JUSTICE This petition by way of Public Interest Litigation has been filed :1. challenging the appointment of the respondent No.1 herein to the post of Chairman and Managing Director of Coal India Ltd. and seeking a writ of quo warranto to remove the respondent No.1 from the said post.2. The petitioner claims to be a member of the Federation of Coal Industry Retired Employees Association, having its registered office at Jaripatka, Nagpur, Maharashtra State. It is alleged in the writ petition that the appointment of t...


Mar 28 2017

Radico Khaitan Ltd vs.nakshatra Distilleries & Breweries Ltd. & Anr

Court: Delhi

Decided on: Mar-28-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h March, 2017 RADICO KHAITAN LTD. CS(OS) No.1891/2015 ..... Plaintiff Through: Mr. Sudhir Chandra, Sr. Adv. with Ms. Ishani Chandra, Mr. Sagar Chandra & Mr. Ankit Rastogi, Advs. Versus NAKSHATRA DISTILLERIES & BREWERIES LTD. & ANR. Through: Mr. Hemant Singh, Mr. Shashi P. ..... Defendants Ojha & Mr. Madhav, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.13501/2015 (under Order VII Rule 11 of the CPC) 1. The defendants viz. Nakshatra Distilleries & Breweries Ltd. and Waterfield Spirits Pvt. Ltd. in this suit (for injunction to restrain the defendants i) from launching, selling, manufacturing, marketing, offering for sale or in any manner dealing in any alcoholic beverages including but not limited to Gin, Rum and Vodka under the mark GOA and GO4 and / or any other mark which is identical or deceptively similar to plaintiffs trade mark GOA amounting to infringement of the registered trade mark Nos.628446 and 62...


Mar 28 2017

Devyani Hospitality Pvt Ltd vs.union of India and Ors

Court: Delhi

Decided on: Mar-28-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI21$~ * + W.P.(C) 91/2017 & CM APPLs. 501/2017 AND99452017 DEVYANI HOSPITALITY PVT LTD Through: Mr. Rishi Kapoor, Advocate with ........ Petitioner versus Mr. Sunil Malhotra, Advocate. UNION OF INDIA AND ORS Through: Mr. Rajat Malhota, Advocate for respondents No.3 and 4. ........ RESPONDENTS Date of Decision:28. h March, 2017 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present writ petition has been filed challenging the order dated 04th October, 2016 passed by respondent No.4 wherein the Award of Licence for Food Plaza at Vijaywada Railway Station was withdrawn, earnest money deposit forfeited and petitioner was debarred from participating in the future projects of IRCTC for one year.2. After some arguments, learned counsel for petitioner does not challenge the impugned order on merits, but confines his argument to proportionality of punishment. He states that petitioner is at the moment running a number of food and beve...


Mar 28 2017

Vivek Kumar vs.delhi Metro Rail Corporation Ltd

Court: Delhi

Decided on: Mar-28-2017

$~10 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 1751/2016 Date of decision:28. h March, 2017 ........ Petitioner VIVEK KUMAR Through Mr. Ram Niwas Buri, Advocate. versus DELHI METRO RAIL CORPORATION LTD ..... Respondent Through Mr. V.S.R. Krishna, Advocate for the DMRC. Mr. Sanjeev Narula, Central Government Standing Counsel. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) Vivek Kumar, in this writ petition, impugns order dated 3rd December, 2015, whereby OA No.4214/2015 filed by him has been dismissed by the Principal Bench of the Central Administrative Tribunal (Tribunal, for short).2. The petitioner is a resident of Village Chainpura, Post Office-Ladusar, District Jhunjhunu, Rajasthan and belongs to the Jat community.3. The petitioner, as an Other Backward Classes (OBC) candidate, had applied for selection pursuant to Advertisement/Notification No.DMRC/OM/HR/II/2014 issued by the Delhi Metro Rail Corporation Ltd., for the...


Mar 28 2017

Prakash Maallapa Manotgi vs.uoi & Anr.

Court: Delhi

Decided on: Mar-28-2017

$~8 to 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:28. h March, 2017 + W.P.(CRL) 2129/2016 SHAIKH MOHAMMED RIZWAN ........ Petitioner Through: Mr. Pradeep Jain, Advocate with Mr.Shubhankar Jha, Mr. Rahul Raheja, Mr.Ashish Bansal, Mr. Vikas Sarin and Ms. Mansi Awasthi, Advocates. versus UOI & ANR. Through: Mr. Akshay Makhija, CGSC with ........ RESPONDENTS Ms.Divya Kapur, Advocate for UOI. + W.P.(CRL) 2305/2016 ABDUL AZEEM SALAMTI ........ Petitioner Through: Mr. Pradeep Jain, Advocate with Mr.Shubhankar Jha, Mr. Rahul Raheja, Mr.Ashish Bansal, Mr. Vikas Sarin and Ms. Mansi Awasthi, Advocates. versus UOI REP. ITS JOINT SECRETARY MINISTRY OF FINANCE NEW DELHI & ORS. ........ RESPONDENTS Through: Mr. Sanjeev Narula, CGSC with Mr.Abhishek Ghai, Advocate for UOI. + W.P.(CRL) 2306/2016 SYED ALI FURKHAN ........ Petitioner W.P. (CRL) 2129/2016 & 6 Others Page 1 of 15 Through: Mr. Pradeep Jain, Advocate with Mr.Shubhankar Jha, Mr. Rahul Raheja, Mr.Ashish Bansal, Mr. Vikas S...


Mar 28 2017

Union of India & Anr. Vs.jayaswal Neco Ltd.

Court: Delhi

Decided on: Mar-28-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP No.453/2008 Reserved on: January 31, 2017 Date of Decision: March 28, 2017 UNION OF INDIA & ANR. ........ Petitioners Through: Ms. Geetanjali Mohan, Advocate. versus JAYASWAL NECO LTD. ..... Respondent Through: Mr. Devashish Bharuka, Mr. Ravi Bharuka and Mr. Rahul Pandey, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT2803.2017 % 1. This petition by the Union of India through the Ministry of Railways under Section 34 of the Arbitration & Conciliation Act, 1996 (Act) challenges an Award dated 23rd October, 2007 passed by the sole Arbitrator in the disputes between the... Petitioner and the Respondent Jayaswal Neco Ltd. (JNL). Background facts 2. The disputes between the... Petitioner and the predecessor-in-interest of JNL, Nagpur Alloys Castings Ltd. (NACL), arose out of a contract dated 9th August, 1991 whereby NACL had to manufacture and supply 8 lakhs Metre Gauge (MG) Malleable Cast Iron (MCI) Inserts and 56 lakhs Broad Gauge OMP No...


Mar 28 2017

Shanti Devi vs.delhi Transco Limited and Ors.

Court: Delhi

Decided on: Mar-28-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SHANTI DEVI W.P.(C) No.2619/2004 28th March, 2017 Through: Mr. Charan Jeet, Advocate. ........ Petitioner versus DELHI TRANSCO LIMITED AND ORS. ........ RESPONDENTS Through: Mr. Sumeet Pushkarna, Standing Counsel with Mr. Siddhartha Nagpal, Advocate for R-2. Mr. Sandeep Prabhakar and Mr. Anupam Varma, Advocates for R-3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J1 By this writ petition under Article 226 of the Constitution of India, the petitioner, widow of the late employee Sh. Ram Sagar Sharma, who died on 11.2.1992, seeks the relief of being granted pension by converting the CPF entitlement of her late husband Sh. Ram Sagar Sharma to pensionary benefit in terms of the office order dated 22.8.1992 of the erstwhile Delhi Vidyut Board (DVB), and of which entity the respondent No.3/BSES Yamuna Power Limited (BYPL) is the successor entity. W.P.(C) No.2619/2004 Page 1 of 7 2. The case of...


Mar 28 2017

The New India Assurance Co Ltd vs.raj Kumar @ Raja Mandal & Ors

Court: Delhi

Decided on: Mar-28-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. h March, 2017 $~10 * % + MAC.APP. 154/2014 versus THE NEW INDIA ASSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Adv. RAJ KUMAR @ RAJA MANDAL & ORS ........ RESPONDENTS Through: Mr.Neeraj Yadav, Adv. for... RESPONDENTS no.1 and 2. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.5 lakh has been awarded to respondents no.1 and 2. On 14th December, 2012 at about 11 a.m., Baby Preeti, aged 6 years was crossing the road when she was hit by motor cycle bearing No.DL-8S-AK-3999 which resulted in her death. Baby Preeti was survived by her parents. The Claims Tribunal took cognizance of the Detailed Accident Report filed by the police whereupon the appellant offered compensation of Rs.2,40,000/- which was not fair and reasonable and therefore, no accepted by respondents no.1 and 2. The Claims Tribunal awarded compensation of Rs....


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