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Delhi Court May 2017 Judgments

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May 16 2017

Rajeev Singh & Anr. Vs.kunwar Singh

Court: Delhi

Decided on: May-16-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.136/2017 + % RAJEEV SINGH & ANR. 16th May, 2017 ..... Appellants Mr. S.K.Bhattacharya and Mr. Suresh Bharti, Advocates. Through: versus KUNWAR SINGH CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent 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 defendant/son in the suit for possession mesne profits and injunction, against the concurrent judgments of the courts below; of the Trial Court dated 31.10.2015 and the First Appellate Court dated 9.12.2016; decreeing the suit filed by the respondent/plaintiff/father.2. The respondent/plaintiff filed the subject suit pleading that he was the owner of the suit property bearing no.RZ-F-777/25B, Gali No.16, Raj Nagar Part-II Extension, Palam Colony, New Delhi-110077 situated on a plot of 100 sq. yds. Respondent/plaintiff had purchased RSA No.136/2017 Page 1 of 7 the ...


May 16 2017

Bankmens Co-Operative Group Housing Society Ltd vs.registrar of Co-Ope ...

Court: Delhi

Decided on: May-16-2017

$~12. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 476/2013 1. BANKMENS CO-OPERATIVE GROUP HOUSING SOCIETY LTD ........ Petitioner Through: Ms. Chandrika Gupta, Advocate versus REGISTRAR OF CO-OPERATIVE SOCIETIES AND OTHERS ........ RESPONDENTS Through: Ms. Niti Jain, Advocate for Mr. Anuj Aggarwal, ASC for R-1/RCS. Mr. Ajay Verma, Advocate for R-2/DDA. Mr. Satvik Varma, Advocate with Mr. Lautaksh Joshi, Advocate for R-3. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL % The petitioner/Society has filed the present petition praying inter alia ORDER1605.2017 for issuance of a writ of mandamus to the respondent No.2/DDA, directing it to restore the original location of the plot in question in its favour in terms of the original layout plan prepared by the DDA and deliver possession of the subject plot forthwith.2. Mr. Verma, learned counsel for the respondent No.2/DDA states that prior to filing the present petition, the petitioner/Society had file...


May 16 2017

M/S Percision Fasteners Ltd vs.i D B I and Ors.

Court: Delhi

Decided on: May-16-2017

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 47/2016 & CM Nos. 260/2016, 44713/2016, 3795/2017 % 1. M/S PERCISION FASTENERS LTD ........ Petitioner Through: Mr. Vivek Sibal with Mr. Rahul Sharma & Mr. Jitender Ratta, Advocates. versus I D B I & ORS ........ RESPONDENTS Through: Mr. Chinmay Kanojia with Mr. Jawahar Raja, Advocates for R-3. Mr. Abhishek Khanna, Advocate for Mr. Abhimanyu Singh Khatri, Advocate for R-5. Ms. Ramni Taneja with Mr. Peeyush Vaish, Advocates for R-8. Mr. Sahil with Ms. Shibani, Advocates for R-9/ASREC. Mr. D.R. Jain, Standing Counsel with Mrs. Sapna Jain, Advocate for R-11. Mr. Sanjay Bhatt with Mr. Abhishek Anand, Advocates for R-13/SASF. Mr. Dinkar Singh, Advocate respondent/ARCIL. for CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL ORDER1605.2017 The present petition has been filed by the petitioner praying inter alia for setting aside the order dated 12.10.2015, passed by the Appellate Authority for Industrial & ...


May 16 2017

Brahm Prakash Bhardwaj vs.state & Anr

Court: Delhi

Decided on: May-16-2017

$ 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :16. h May, 2017 + WP(CRL.) 1260/2016 & Crl. M.A. 6619/2016 BRAHM PRAKASH BHARDWAJ ..... Appellant Through: Mr. Santosh Kumar, Advocate with appellant in person versus STATE & ANR ........ RESPONDENTS Through: ASC Avi Singh and Ms. Anya Singh, Advocate for State with ASI Dineshan K.,PS Maya Puri Rakesh Kumar Garg, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. Invoking the jurisdiction of this court under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr. PC), the petitioner herein seeks to assail the order dated 16.05.2015 of the court of sessions in Criminal Revision No.77/1/2014 whereby the earlier order dated 20.08.2014 of the Metropolitan Magistrate-01 (West) on the file of the complaint case no.60dismissing the complaint of the petitioner was upheld.2. On notice, the second respondent against whom the criminal complaint was directed ha...


May 16 2017

Rajesh Goel vs.jasbir Singh

Court: Delhi

Decided on: May-16-2017

$~3 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 1349/2016 RAJESH GOEL Through: Mr. Aditya Sharma, Adv. ..... Plaintiff JASBIR SINGH CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Through: Mr. Rohit Nagpal, Adv. Versus ..... Defendant ORDER1605.2017 % IA No.5105/2017 (of plaintiff u/O VIII R-10 CPC) 1. The plaintiff, in this commercial suit for recovery of Rs.1,68,52,650/- on account of price of goods (rice) supplied, seeks a decree forthwith on the defendant not filing written statement within the time of 120 days. Reliance is placed on OKU Tech Private Limited Vs. Sangeet Agarwal MANU/DE/2036/2016.2. This application came up before this Court first on 28th April, 2017 when none appeared for the defendant inspite of advance notice shown to have been given by way of registered post AD receipt dated 20th April, 2017.3. Though there was no need for issuance of notice but notice was ordered to be issued returnable before the Joint Registrar (JR) on 12th May, 2017, the date already ...


May 16 2017

Mahendra College of Education Thr Mahender Singh vs.dr S K Chauhan & O ...

Court: Delhi

Decided on: May-16-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: May 16, 2017 CONT.CAS(C) 653/2015 MAHENDRA COLLEGE OF EDUCATION THR MAHENDER SINGH ........ Petitioner Through: Mr. Yeeshu Jain, Advocate * + versus DR S K CHAUHAN & ORS .....Respondents Through: Ms. Arunima Dwivedi and Mr. Ranjan Sharma, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) C.M.25234/2016 ORDER Vide order of 29th September, 2015, respondents were directed to consider petitioners application for grant of permission to run B.Ed. Course for academic session 2015-16 and to consider the said application on merits as per letter of 8th January, 2013. Alleging violation of aforesaid directions issued on 29th September, 2015, this petition was filed, which stood disposed of vide order of 3rd December, 2015 by issuing the following directions: - ORDER0312.2015 Since the cut-off date for consideration of petitioners application for the Academic Year 2016-2017 is 3rd March, 2016, Cont.Cas(C) 653/2015 Page 1 of 4 this Court...


May 16 2017

Sunil Alagh vs.shivraj Puri & Anr.

Court: Delhi

Decided on: May-16-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. h May, 2017 CS(OS) No.556/2016 SUNIL ALAGH ..... Plaintiff Through: Mr. Manav Gupta, Mr. Sahil Garg and Versus Ms. Ridhi Munjal, Advs. SHIVRAJ PURI & ANR. ...Defendants Through: Ms. Diviani Khanna and Ms. Upasana Talwar and Mr.Vivek Singh , Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.6002/2017 of the defendants under Order XXXVII Rule 3(5) of the CPC). The two defendants Shivraj Puri and Raghuraj Puri, in this suit under 1. Order XXXVII of the Code of Civil Procedure, 1908 (CPC) for recovery of Rs.9,15,00,000/-, pursuant to service (stated to be on 3rd April, 2017) of the summons for judgment, on 12th April, 2017 (re-filed on 12th May, 2017) filed this application for leave to defend with affidavits in support thereof of both the defendants.2. The application though re-filed on 12th May, 2017 i.e. after more than seven days of the original filing on 12th April, 2017 is not accompanied with any application ...


May 16 2017

New India Assurance Co. Ltd. Vs.aisha Parveen & Ors.

Court: Delhi

Decided on: May-16-2017

$~26 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:16. h May, 2017 MAC.APP. 460/2017 NEW INDIA ASSURANCE CO LTD. ..... Appellant Through: Mr. C.K. Gola, Advocate. .....Respondents Versus AISHA PARVEEN & ORS. Through: None. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) CM Nos.18448-49/2017 1. There is a delay of 47 days in filing the appeal and 19 days in re- filing it. The reason given is that the clearances had to be taken from the Head Office at Bombay, which took time in preparation of the appeal. The Court is of the view that the internal administrative reasons are not sufficient for condoning the delay especially because the appellant is a large Corporation and has been in existence for about 47 years. It is expected to have a team of lawyers or legal advisers all over the country. Hence, to say that the delay was unavoidable in the circumstances is no ground to condone the delay. However, in the interest of justice, even if latitude is given for indole...


May 16 2017

M/S Crystal Crop. Protection Private Limited vs.union of India & Anr

Court: Delhi

Decided on: May-16-2017

$~6 IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 4154/2017 Judgment delivered on:16. 05.2017 M/S CRYSTAL CROP. PROTECTION PRIVATE LIMITED versus UNION OF INDIA & ANR Advocates who appeared in this case: ........ Petitioner ........ RESPONDENTS For the... Petitioner : Mr Gaurav Barathi and Mr Vikramjeet For the... RESPONDENTS : Mr Amit Mahajan for UOI CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA JUDGMENT1605.2017 SANJEEV SACHDEVA, J.(ORAL) CM No.18216/2017 (exemption) Allowed, subject to all just exceptions. W.P.(C) 4154/2017 & CM No.18215/2017(interim relief) 1. The petitioner, by the present petition, seeks a direction to the respondents to consider and decide the pending application for WP(C) 4154/2017 Page 1 of 2 registration made by the petitioner under Section 9 of the Insecticides Act, 1968.2. Issue notice. Notice is accepted by the learned counsel appearing for respondent No.1.3. Learned counsel for the respondent No.1 submits that there are certain deficiencies in the app...


May 16 2017

Tata Aig General Insurance Co. Ltd vs.neeta Kumari & Anr.

Court: Delhi

Decided on: May-16-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.171/2016 + % TATA AIG GENERAL INSURANCE CO. LTD. ..... Appellant 16th May, 2017 Through: Mr. Rudra Kahlon, Advocate. versus NEETA KUMARI & ANR. ........ RESPONDENTS Through: Ms. Pratima Nain Chauhan, Advocate for R-1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) FAO No.171/2016 and C.M. Appl. No.14768/2016 (for stay) 1. This first appeal under Section 30 of the Employees Compensation Act, 1923 is filed by the insurance company challenging the judgment of the Employees Compensation Commissioner dated 3.2.2016 by which the claim petition filed by the respondent no.1 herein was allowed and compensation of Rs.7,13,960/- was awarded along with interest at 12% per annum.2. Two issues are called for decision in the present appeal. First issue is as to the meaning of the term accident as found under Section 3(1) of the Employees Compensation Act and second is how FAO No.171/2016 ...


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