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Delhi Court May 2017 Judgments

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May 31 2017

Anoop Lohia & Anr. Vs.the State Govt. Of Nct of Delhi & Anr.

Court: Delhi

Decided on: May-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:09. 05.2017 Delivered on:31. 05.2017 * % + W.P(CRL) 1968/2015 ANOOP LOHIA & ANR. THE STATE GOVT. OF NCT OF DELHI & ANR. Versus ........ Petitioner s ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : Mr. Amit Sharma with Mr.Aditya Bhardwaj and Mr.Karan Kakkar. Singhal. For the Respondent No.1 : Mr.Ashish Aggarwal, ASC with Mr.Piyush For the Respondent No.2 : Ms.Nitya Rama Krishnan with Mr.Sarim CORAM:-"HONBLE MR JUSTICE ASHUTOSH KUMAR Naved. JUDGMENT ASHUTOSH KUMAR, J1 The petitioners have impugned the order dated 14.08.2015 passed by the learned SDM, Vasant Vihar, in a proceeding vide No.SDM/VV/3405 whereby plot No.B-239 measuring 150 sq.yards (Khasra No.1049-1050) in Vasant Kunj Enclave, Village Malikpur Kohi WP(CRL)1968/2015 Page 1 of 15 @ Rangpuri, New Delhi has been attached until the determination of the rights of the parties thereto by a competent Court. By the same order, the SHO of the police st...


May 31 2017

Sandhya Jain vs.union of India & Anr.

Court: Delhi

Decided on: May-31-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:24. h May, 2017 Decided on:31. t May, 2017 W.P.(CRL) 245/2017 SANDHYA JAIN ........ Petitioner Through Mr. Ramakant Gaur, Mr. J.P. Singh, Ms. Amrita Joshi, Advs. versus UNION OF INDIA & ANR. ..... Respondent Through Mr. Sanjeev Narula, CGSC with Mr. Anshuman Upadhyay, Adv. for UOI. Mr. Vineet Sharma for Mr. Satish Aggarwala, Adv. for DRI. CORAM: HONBLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. In this writ petition under Article 226 of the Constitution of India, the challenge is to the order of detention dated 10th October, 2016 passed by the Joint Secretary to Government of India against husband of the petitioner i.e. Narender Kumar Jain directing his detention under Section 3(1) of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act, 1974 (in short the COFEPOSA Act). The detention order dated 10th October, 2016 was served on the petitioners husband on the same day ...


May 31 2017

M/S Sai Associates vs.delhi Wakf Board & Ors

Court: Delhi

Decided on: May-31-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:31. t May, 2017 + W.P.(C) 8501/2016 M/S SAI ASSOCIATES versus DELHI WAKF BOARD & ORS AND + W.P.(C) 8499/2016 M/S IMAGE ADVERTISING versus DELHI WAKF BOARD & ORS Advocates who appeared in this case: ........ Petitioner ........ RESPONDENTS ........ Petitioner ........ RESPONDENTS For the... Petitioners: Mr. Saket Sikri, Mr. Vikalp Mudgal, & Mr. Ajay Pal Singh, Advocates. For the... RESPONDENTS: Mr. Aly Mirza, Advocate for R-1 Mr. Mukesh Gupta, Advocate for MCD CORAM: HON'BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J1 Both these petitions impugn two separate orders dated 24.08.2016. The orders are identical in nature and seek to terminate WP(C) 8501/2016 & W.P.(C) 8499/2016 Page 1 of 12 the respective license deeds executed in favour of the petitioners. Since common questions of fact and law arise in these petitions, they have been taken up together for disposal.2. The petitioners impugn the respective orders ...


May 31 2017

Meenu Malhotra & Anr. Vs. Neelam Sahgal

Court: Delhi

Decided on: May-31-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:25. h May, 2017 Pronounced on:31. t May, 2017 CS(OS) 87/2017, IA Nos.2417/2017, 3436/2017, 6292/2017 MEENU MALHOTRA & ANR. ..... Plaintiffs Through : Mr.P.V.Kapur and Mr.Anil Airi, Sr. Advocates with Ms.Divya Kapur, Mr.Vimal Nagrath, Ms.Pratibha Sridhar, Gupta, Mr.Sidhanth Kapur, & Mr.Jitender Panchal, Advocates. Ms.Kaveri versus NEELAM SAHGAL ..... Defendant Through : Mr.Harish Malhotra, Sr Advocate with Mr.Gaurav Puri, Advocate. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. IA No.3436/2017 is for seeking directions against the defendant to restrain her from obstructing the ingress and egress to the portion other than mezzanine floor of the suit premises bearing No.50, G.B.Road, Delhi -110006. However, during the course of arguments, Mr.Harish Malhotra, the learned senior counsel for defendant consented that he has no objection if the prayer made in the plaint is allowed and a preliminary CS(OS) No.87/2017 Pag...


May 31 2017

Stracon India Ltd & Anr. Vs.prasar Bharti

Court: Delhi

Decided on: May-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:31. 05.2017 Versus ........ Petitioners ..... Respondent + O.M.P. (COMM) 233/2017 STRACON INDIA LTD & ANR. PRASAR BHARTI Advocates who appeared in this case: For the... Petitioners For the Respondent CORAM HONBLE MR JUSTICE VIBHU BAKHRU : : Mr Anish Dayal and Mr Siddharth Vaid. Mr Rajeev Sharma. VIBHU BAKHRU, J JUDGMENT1 The present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) inter alia seeking to partially set aside the arbitral award dated 26.12.2016 (hereafter the impugned award) to the extent that the claim of the petitioners for refund of US$ 9.72 million as pro-rata reduction of consideration paid for the non-availability of two out of nine cricket series (Claim No.1) was not accepted.2. The Board of Control for Cricket in India (hereafter BCCI) entered into an agreement dated 25.09.1999 (hereafter the BCCI Agreement) granting exclusive and full rights an...


May 31 2017

M/S Apollo Metalex Pvt. Ltd. Vs.union of India & Ors

Court: Delhi

Decided on: May-31-2017

$~23 IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 5157/2017 Judgment delivered on:31. 05.2017 M/S APOLLO METALEX PVT. LTD. versus UNION OF INDIA & ORS Advocates who appeared in this case: For the... Petitioner : Mr. Alok Yadav, Advocate. ........ Petitioner ........ RESPONDENTS For the Respondent : Mr. Sanjeev Narula, CGSC with Mr. Anshuman Upadhayay, Advocate. CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA JUDGMENT3105.2017 SANJEEV SACHDEVA, J.(ORAL) CM No.22016/2017 (exemption) Exemption is allowed subject to all just exceptions. W.P.(C) 5157/2017 1. Learned counsel for the petitioner submits that the petitioner had made an application for grant of authorization for a sum of WP(C) 5157/2017 Page 1 of 3 Rs.35,43,976.60 under the Incremental Exports Incentivisation Scheme (IEIS).2. Learned counsel for the petitioner submits that, as against the application for grant of a sum of Rs.35,43,976.60, credit of only Rs.24,09,592/- has been granted. He further submits that, for the balance...


May 31 2017

Ravinder Kumar vs.union of India & Anr.

Court: Delhi

Decided on: May-31-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5364/2014 RAVINDER KUMAR Reserved on:20. h February, 2017 Date of Decision:31. t May, 2017 Through: Mr. Krishna Kumar Mishra, ........ Petitioner Advocate Versus UNION OF INDIA & ANR. Through: Dr. .....Respondents Ashwani Bhardwaj, CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR Advocate % CHANDER SHEKHAR, J.Relevant Facts The Staff Selection Commission, respondent No.2 before us, had issued an advertisement inviting applications from candidates belonging to various categories for the Combined Graduate Level Examination-2010, for recruitment to various posts. The advertisement was published in the employment news on 30.01.2010 and the closing date for applications mentioned therein was 02.03.2010. The Tier I examinations were to be held on 16.05.2010. As per Clause 5C to Note 1 and Annexure VII, the closing date for the receipt of application was treated as the date for reckoning for W.P. (C) No.5364/2014 ...


May 31 2017

Container Corp. Of India vs.state

Court: Delhi

Decided on: May-31-2017

CRL.REV.P.349/2017 * % + CONTAINER CORP. OF INDIA STATE versus IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:23. 05.2017 Delivered on:31. 05.2017 ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Ms.Pinky Anand, ASG with Mr.Balendu Shekhar, Ms.Snidha Mehra, Mr.Hemant Arya and Mr.Piyush Singhal. : Mr.Rahul Mehra, Standing Counsel with Dr.M.P.Singh, APP with Mr.Sanjeev Narula, Sr.Standing counsel with Mr.Abhishek Ghai. For the Respondent CORAM:-"HONBLE MR JUSTICE ASHUTOSH KUMAR JUDGMENT ASHUTOSH KUMAR, J1 On 06.05.2017, at about 7.30 AM, the duty officer at police station Pul Prahaladpur was informed on telephone about the leakage of poisonous gas behind Senior Secondary School in front of the Container Corporation of India (hereinafter called CONCOR), Tuglakabad. The emission caused irritation in the eyes of many residents of the locality including children. CRL.REV.P.349/2017 Page 1 of 20 2. On such report, the police galvanized int...


May 31 2017

Satyajeet Kumar Jaiswal @ Sunni vs.the State ( Nct of Delhi)

Court: Delhi

Decided on: May-31-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:2. d May, 2017 Decided on:31. t May, 2017 CRL.A. 889/2015 SATYAJEET KUMAR JAISWAL @ SUNNI ..... Appellant Represented by: Mr. D.P. Singh with Ms. Kanika Khanna and Ms. Anushree Kapadia, Advs. versus THE STATE ( NCT OF DELHI) ..... Respondent Represented by: Mr. Ashok Kumar Garg, APP for the State with Insp. Josepha Kujur, PS Sarita Vihar. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 Convicted for offence punishable under Section 376 IPC, Satyajeet Kumar Jaiswal @ Sunni challenges the impugned judgment of conviction dated 24th July, 2015 and the order on sentence dated 31st July, 2015 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of `5,000/- for offence punishable under Section 376 IPC.2. Assailing the conviction, learned counsel for the appellant submits that there are glaring contradictions in the testimony of the prosecutrix. She stated that when the appellant was trying to rape her, s...


May 31 2017

Mrs. Indira Sridharan vs.tamilnad Mercantile Bank Ltd & Ors

Court: Delhi

Decided on: May-31-2017

24 $~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 246/2017 & I.As. 6605-6607/2017 MRS. INDIRA SRIDHARAN Through: Mr. Ashish Dholakia, Advocate with ..... Plaintiff Mr. Gautam Bajaj, Advocate. versus TAMILNAD MERCANTILE BANK LTD & ORS ..... Defendants Through: Mr. Pramod Kumar, advocate for defendant No.1. Date of Decision:31. t May, 2017 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present suit has been filed for declaration, permanent and mandatory injunction and other consequential reliefs pertaining to suit property bearing No.C-11, Gulmohar Park, New Delhi-110049.2. It is stated in the plaint that the plaintiff is the sole leasehold owner of the property bearing No.C-11, Gulmohar Park, New Delhi-110049 and has been residing in the said suit property along with her husband i.e. defendant No.6 for over forty years.3. It is further stated that initially the plaintiff and her husband were residing in the suit property along with her uncle Mr. V.A Menon u...


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