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Delhi Court April 2017 Judgments

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Apr 19 2017

Rajdhani Public School & Anr vs.director of Education & Anr

Court: Delhi

Decided on: Apr-19-2017

$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI + % LPA2022017 & CM No.11354/2017 Date of decision :19. h April, 2017 RAJDHANI PUBLIC SCHOOL & ANR Through: Mr. Swastik Singh, Adv. ..... Appellant versus DIRECTOR OF EDUCATION & ANR ..... Respondent Through: Mr. Peeyoosh Kalra, ASC with Ms. Sona Babbar, Mr. Shiva Sharma and Ms. Swati, Advs. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 The appellant challenges the judgment dated 13th February, 2017 whereby W.P.(C) No.6220/2015 was rejected by thelearned Single Judge.2. The appellant no.1 is an unaided school situated in South District Delhi managed by the Rajdhani Educational Society which stands recognised up to the VIII standard following the Central Board of Secondary Education pattern for imparting education. The appellant seeks upgradation of the school up to class XII in the LPA No.202/2017 Page 1 of 9 Humanities and Commerce streams. It appears that the appe...


Apr 19 2017

Rahul Sharma vs.uoi and Anr

Court: Delhi

Decided on: Apr-19-2017

$~57 *IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C)No.3365/2017 Date of decision :19. h April, 2017 RAHUL SHARMA ........ Petitioner Through : Mr. Gaurav Kumar Bansal, Adv. versus UOI AND ANR ...... RESPONDENTS Through : Mr. Sanjay Jain, ASG with Ms. Ruchi Jain, Adv. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT (ORAL) ACTING CHIEF JUSTICE1 This writ petition claims to have been filed in Public Interest on the issue of release of an Indian citizen Kulbhushan Sudhir Jadhav contending that he has been illegally detained at an unknown location in Pakistan and also has been illegally sentenced by a military court in Pakistan as per a press release dated 10th April, 2017 downloaded by the petitioner from the website of the Inter Services Public Relation, Pakistan.2. The writ petitioner contends that the said Indian Citizen is being denied consular access in contravention of the Vienna W.P.(C)No.3365/2017 Page 1 of 5 Convention on Consular Relations,...


Apr 18 2017

Gammon India Ltd & Anr. Vs.delhi Development Authority

Court: Delhi

Decided on: Apr-18-2017

$~ * + + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP62009 Reserved on: March 14, 2017 Date of decision: April 18, 2017 GAMMON INDIA LTD & ANR. ........ Petitioners Through: Mr. P.H. Parekh, Senior Advocate with Mr. Sumit Goel and Ms. Raveena Rai, Advocates. Versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through: Mr. Rajesh Manchanda with Mr. Rajat Manchanda, Mr Rahul Rai, Mr. Mohit Gupta, and Mr. Rameez Raju, Advocates. AND OMP6742008 DELHI DEVELOPMENT AUTHORITY ........ Petitioner Through: Mr. Rajesh Manchanda with Mr. Rajat Manchanda, Mr Rahul Rai, Mr. Mohit Gupta, and Mr. Rameez Raju, Advocates. versus GAMMON INDIA LTD & ANR ........ RESPONDENTS Through: Mr. P.H. Parekh, Senior Advocate with Mr. Sumit Goel and Ms. Raveena Rai, Advocates. CORAM: JUSTICE S. MURALIDHAR % JUDGMENT1804.2017 1. These are two petitions under Section 34 of the Arbitration and OMP Nos 6/2009 & 674/2008 Page 1 of 13 Conciliation Act, 1996 (Act) challenging the impugned Award dated 11th September 2008 pas...


Apr 18 2017

Anjali Bansal and Anr. Vs.indra Rani

Court: Delhi

Decided on: Apr-18-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.56/2016 + % ANJALI BANSAL AND ANR. 18th April, 2017 ..... Appellants Mr. Ram Lal Roy and Mr. N.A.Tyagi, Advocates. Through: versus INDRA RANI Through: Mr. Devinder ..... Respondent Chaudhary, CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA Advocate. To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellants/defendants against the concurrent judgments of the courts below; of the First Appellate Court dated 23.12.2015 and the Trial Court dated 10.7.2015; by which the courts below have decreed the suit for possession, recovery of rent and damages/mesne profits filed by the respondent/plaintiff against the appellants/defendants with respect to the basement of the property bearing No.B-181-A, admeasuring 70 sq. yds. Khasra No.464, Village Khanpur now known as B-Block, Duggal Colony, Devli Road, Khanpur, New Delhi RSA No.56/20...


Apr 18 2017

Ved Prakash Mehta vs.govt of Nct of Delhi

Court: Delhi

Decided on: Apr-18-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 87/2017 Date of Decision:18. 04.2017 VED PRAKASH MEHTA ..... Appellant Through: Mr.Achin Mittal and Mr.Antony K. Joseph, Advocates versus GOVT OF NCT OF DELHI ..... Respondent Through: Ms.Pritika, Advocate (Proxy) for Ms.Sakshi Popli, Advocate CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE ANU MALHOTRA ACTING CHIEF JUSTICE (Oral) CM No.14538/2017 (Exemption) Exemption allowed, subject to just exceptions. FAO(OS) (COMM) 87/2017 and CM No.14537/2017 1. By way of this appeal, the appellant assails the order dated 15th November, 2016 passed by the learned Single Judge rejecting the OMP(COMM)162/2016 which was filed by the Government of NCT of Delhi under Section 34 of the Arbitration & Conciliation Act, 1996 and the arbitral award dated 10th September, 2009.2. The factual matrix giving rise to the present appeal, to the extent necessary, is noted hereinafter: (i) It appears that disputes arose between the parties with ...


Apr 18 2017

Bhasin Tobaccos Ltd and Ors. Vs.gambro Nexim India Medical Limited and ...

Court: Delhi

Decided on: Apr-18-2017

$~9 * + % 1. IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(OS) (COMM) 73/2017 BHASIN TOBACCOS LTD & ORS. Through : Mr. Amit Sibbal, Senior Advocate ..... Appellants with Mr.S.K. Gandhi, Ms.Manjula Gandhi, Mr.Shivanshu Kumar, Mr.Aditya Kapoor, Advocate. versus GAMBRO NEXIM INDIA MEDICAL LIMITED & ORS. ........ RESPONDENTS Through : Ms. Ananya Bhattacharya, Advocate for R1 to R3. Mr. Sunil Magon, Advocate for R4, R5. Mr. Gautam Awasthi, Mr.Tushar Gupta, Advocate for R6. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL ORDER1804.2017 The appellants/plaintiffs are aggrieved by the order dated 15th March, 2017, passed by the learned Single Judge in IA No.15254/2016, an application filed by the respondent Nos. 1 to 3 (defendant Nos. 1 to3) under Order VII Rule 11 of the Code of Civil Procedure, seeking rejection of the plaint on the ground that the same is barred under Section 18 & 34 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993. FA...


Apr 18 2017

New India Assurance Company Ltd. Vs.amarjit Kaur & Anr.

Court: Delhi

Decided on: Apr-18-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.163/2017 + % NEW INDIA ASSURANCE COMPANY LTD. ..... Appellant Through: Mr. Ravinder Singh, Advocate. 18th April, 2017 versus AMARJIT KAUR & ANR. Through: ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.14358/2017 (for exemption) Exemption allowed, subject to all just exceptions. C.M. stands disposed of. FAO No.163/2017 and C.M. Appl. No.14359/2017 (for stay) 1. This first appeal under Section 30 of the Workmens Compensation Act, 1923 has been filed by the Insurance Company, respondent No.2 before the Employees Compensation Commissioner, challenging the judgment dated 21.2.2017 whereby the Commissioner has allowed the claim petition filed by the respondent No.1 herein, the FAO No.163/2017 Page 1 of 4 widow of the deceased Sh. Saranjit Singh. The Commissioner has awarded compensation of Rs.5,89,800/- taking the age of the deceased as 52 years and...


Apr 18 2017

National Highways Authority of India vs.m/s Gammon India Ltd.

Court: Delhi

Decided on: Apr-18-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI % + O.M.P. (COMM) 534/2016 & IA Nos. 14719/2016, 14721-22/2016 Judgment delivered on:18. 04.2017 NATIONAL HIGHWAYS AUTHORITY OF INDIA versus M/S GAMMON INDIA LTD. Advocates who appeared in this case: For the... Petitioner : ........ Petitioner ..... Respondent Mr S. Nanda Kumar, Mr Parivesh Singh, Mr M. S. Saran Kumar and Mr P. Srinivasan. Mr Rajiv Bansal, Ms Charu Ambwani, Mr Prashant Kumar and Mr Anuraj Tripathi. For the Respondent : CORAM HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 National Highways Authority of India (hereafter NHAI) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) assailing the arbitral award dated 31.03.2016 (hereafter the impugned award) rendered by the arbitral tribunal constituted by Shri N K Sharma, Shri V S Karandikar and Shri V Velayutham (Presiding Arbitrator) (hereafter collectively referred to as the arbitral tribunal). The impugned award...


Apr 18 2017

Kohli One Housing & Development pvt.ltd vs.dr.dhananjayan Kg

Court: Delhi

Decided on: Apr-18-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :12. 4.2017 Judgment delivered on :18. 4.2017 CS(COMM) 1295/2016 KOHLI ONE HOUSING & DEVELOPMENT PVT.LTD......... Petitioner Through Mr.Shailen Bhatia and Ms.Priyanka Anand, Advocates. versus DR.DHANANJAYAN KG ..... Respondent Through None. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 Plaintiff is a private limited company having its registered office at 3, Shivaji Marg, Westend Greens, Rangpuri, New Delhi. The main object of the plaintiff was to purchase and develop real estate and buildings etc. The directors of the plaintiff were introduced to the defendant by a broker by the name of Sunil Choudhary. Pursuant to the meetings between the plaintiff and the defendant, the defendant, who claimed himself to a real estate owner, CS(COMM) No.1295/2016 Page 1 of 6 had agreed to sell 300 acres of land in Village Badshahpur and Medawas of Gurgaon District to the plaintiff. Defendant had impressed upon the pla...


Apr 18 2017

M/S Ncc-Vee (Jv) vs.national Highways Authority of India

Court: Delhi

Decided on: Apr-18-2017

$~40. * IN THE HIGH COURT OF DELHI AT NEW DELHI + EFA(OS) (COMM) No.5/2017 Date of decision:18. h April, 2017 M/S NCC-VEE (JV) ..... Appellant Through Mr. Krishna Vijay Singh & Mr. Nachiketa Goyal, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA.... Respondent Through Ms. Gunjan Sinha, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA SANJIV KHANNA, J.(ORAL): Having heard counsel for the appellant, we are not inclined to interfere with the impugned order dated 21st February, 2017, whereby, OMP (Enf.) (Comm) No.71/2016 has been disposed of.2. Disputes with regard to computation of the base price became subject matter of Arbitration Award dated 30th September, 2012. The majority award accepting the plea of the appellant had ultimately issued the following directions:-"93. We now proceed to deal with the Claims and Counter-Claims as enumerated in the submissions made by the parties and pronounce our findings-1) The Respondent/Engineer to recov...


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