Delhi Court May 2017 Judgments
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Benchmark International vs.sky Barge Freight Pvt. Ltd.
Court: Delhi
Decided on: May-15-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI Ex.F.A. No.12/2017 + % BENCHMARK INTERNATIONAL Through: versus SKY BARGE FREIGHT PVT. LTD. 15th May, 2017 ..... Appellant Mr. Vivek Luthra, Advocate. ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.18283/2017 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. Ex.F.A. No.12/2017 and C.M. No.18282/2017 (stay) 2. This Execution First Appeal is filed by the appellant/defendant/judgment debtor challenging the impugned order dated 28.2.2017 whereby the objections filed by the appellant/judgment debtor have been dismissed.3. The facts of the case are that against the appellant/judgment debtor a suit under Order XXXVII of the Code of EFA No.12/2017 Page 1 of 3 Civil Procedure, 1908 (CPC) was filed and which suit was decreed in terms of the order dated 20.12.2007 as nobody on behalf of the appellant/judgment debtor pursued the leave to...
M/S D. Pal & Company Engineers & Contractors & General Order Suppliers ...
Court: Delhi
Decided on: May-15-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.40/2015 + % M/S D. PAL & COMPANY ENGINEERS & CONTRACTORS & ..... Appellant GENERAL ORDER SUPPLIERS Through: Mr. Moni Ginmoy and Mr. Arvind Kr. Pandey, Advocates. 15th May, 2017 versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Through: Ms. Mansi Gupta,Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) is filed against the judgment of the court below dated 16.10.2014 whereby the court below has accepted the objections filed by the respondent herein under Section 34 of the Act and has deleted the relief granted by the Award of interest at 15% per annum. The relevant observations which are made by the court below for deleting the grant of interest are contained in paras 7(i) to 7(vii) of the impugned judgment and these paras read as under:-"FAO No.40/20...
Ptc India Ltd vs.punjab State Power Corporation Ltd. & Ors.
Court: Delhi
Decided on: May-15-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:15. 05.2017 + O.M.P. (COMM) 74/2016 PTC INDIA LTD Versus PUNJAB STATE POWER CORPORATION LTD. & ORS. Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS CORAM HONBLE MR JUSTICE VIBHU BAKHRU : : ........ Petitioner ........ RESPONDENTS Mr Ravi Kishore, Mr Alok Kumar and Mr Deepak Jaswal. . Mr Anand K. Ganesan and Mr Sandeep Rajpurohit for R-1. Mr D.K. Thakur, Advocate for R-2. Mr Aditya Dhawan and Ms Kiran Dhawan for R-4. VIBHU BAKHRU, J JUDGMENT1 PTC India Ltd. (hereafter PTC) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) assailing the interim arbitral award dated 05.12.2015 (hereafter the impugned award) passed by the arbitral tribunal constituted by the sole arbitrator, Justice Anil Dev Singh (Retd.). The impugned award was rendered in respect of the disputes that had arisen in connection with the Power Sale Agreement dated 0...
State vs.abhinandan Kumar
Court: Delhi
Decided on: May-15-2017
$~39 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment dated:15. h May, 2017 Crl. L.P. 39/2017 & Crl. M.A. No.1280/2017 STATE Through: Ms. Radhika Kolluru, APP for the ........ Petitioner State Versus ABHINANDAN KUMAR ..... Respondent Through: None CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE REKHA PALLI G.S.SISTANI, J.(ORAL) CRL.M.A.1280/2017(delay) 1. This is an application seeking condonation of 76 days delay in filing the present leave to appeal.2. For the reasons stated in the application and since we have considered the leave to appeal on merits, the delay in filing the leave to appeal is condoned.3. The application stands disposed of. CRL.L.P.39/2017 4. Present leave to appeal has been filed under Section 378 (1) of the Code of Criminal Procedure praying for leave to assail the judgment dated 03.08.2016 whereby the Trial Court has acquitted the Crl. L.P. No.39/2017 Page 1 of 13 respondent for commission of the offence by which he was charged in a case being S...
Avinash Sharma vs.raghunandan Bhakri (Now Deceased) Through His Lrs. A ...
Court: Delhi
Decided on: May-15-2017
* + % IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.182/2017 Reserved on:8. h May, 2017 Pronounced on:15. h May, 2017 AVINASH SHARMA Through: Mr. Sanjay Mishra, Advocate. versus ..... Appellant RAGHUNANDAN BHAKRI (NOW DECEASED) THROUGH HIS LRS. AND ORS. ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J CM No.15161/2017 (for condonation of delay) For the reasons stated in the application, the delay of 20 days in filing the appeal is condoned. The application is disposed of. FAO No.182/2017 and CM No.15160/2017 (for stay) 1. This first appeal under Section 299 of Indian Succession Act, 1925 impugns the judgment of the court below dated 22.10.2016 by which the petitioners in the probate case below have been held FAO No.182/2017 Page 1 of 10 entitled to grant of the Letters of Administration with the Will annexed. The Will in question is the Will dated 23.5.1988 executed by Sh. Madan Lal, who died on 2.1.1990.2. The f...
Smt. Shilpa Rana vs.state (Nct of Delhi)
Court: Delhi
Decided on: May-15-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SMT. SHILPA RANA FAO No.218/2017 15th May, 2017 ..... Appellant Mr. Amit Rao, Advocate. Through: versus STATE (NCT OF DELHI) CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.18176/2017 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. FAO No.218/2017 and C.M. No.18175/2017 (stay) 2. This first appeal is filed by the appellant, petitioner in the trial court, impugning the judgment of the probate court below dated 25.3.2017 whereby the probate court has dismissed the petition for grant of letters of administration with the Will annexed dated 20.4.2012 of the deceased mother of the petitioner one Smt. Pooja Nijhawan. The probate court below has dismissed the petition seeking letters of administration on the ground that the Will talks of exclusion FAO No.218/2017 Page 1 of 4 of other legal heirs but the other legal heirs have ...
West Haryana Highways Projects pvt.ltd vs.national Highways Authority ...
Court: Delhi
Decided on: May-15-2017
$~J- * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:20. 04.2017 Judgment Pronounced on:15. 05.2017 O.M.P. (T) (COMM.) 28/2017 & IA No.4598/2017 (stay) WEST HARYANA HIGHWAYS PROJECTS PVT.LTD.....Petitioner Mr.Nilava and Through Mr.Manoj Bandopadhyay, Mr.Puneet Mr.Anshuman Ray, Advs. Sharma Singh, versus NATIONAL HIGHWAYS AUTHORITY OF INDIA..... Respondent Through Mr.Varun K.Chopra and Mr.Sandeepan Pathak, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The present petition is filed under Section 14 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) with a prayer to terminate the mandate of Sh.R.K. Jain, Former Chief Engineer, PWD Haryana to act as Co-Arbitrator and consequently, terminate the mandate of Justice N.Kumar (Retd.) to act as the Presiding Arbitrator.2. The issue raised in the present petition is as to whether a party to an arbitration proceeding can approach the court under Section 14 of the Act to seek termi...
State (Govt. Of Nct of Delhi) vs.mohd Rihan
Court: Delhi
Decided on: May-15-2017
$~5 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL. L.P. 287/2017 Date of Judgment:15. h May, 2017 STATE (GOVT. OF NCT OF DELHI) ....... Petitioner Through : Mr.Rajat Katyal, APP. versus MOHD RIHAN CORAM: Through : Nemo. ....... RESPONDENTS HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE REKHA PALLI G.S.SISTANI, J.(ORAL) Crl.M.A. 8057/2017 (Exemption) 1. Exemption allowed, subject to all just exceptions.2. Application stands disposed of. Crl.M.A. 7983/2017 (Condonation of Delay) 3. Although we do not find any sufficient ground to condone to delay, but since we have heard the leave to appeal on merits, delay of 166 days in filing the leave to appeal is condoned.4. Application stands disposed of. Crl. L.P. 287/2017 5. The present leave to appeal has been filed by the State under Section 378 (1) of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) being aggrieved by the judgment dated 22.08.2016 passed by the Trial Court in Sessions Case 449by virtue of which the respondent P...
Wajihuddin Malik vs.union of India
Court: Delhi
Decided on: May-15-2017
$~20 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:15. 05.2017 + W.P.(C) 4742/2016 & CM No.25988/2016 (for closing the right of the respondent to file counter affidavit) WAJIHUDDIN MALIK versus UNION OF INDIA ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS :Ms. Sana Ansari, Advocate. : Mr. C.M. Goyal, Advocate with Mr. Aprajit Kumar , ASO, MEA. CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA JUDGMENT % SANJEEV SACHDEVA, J.(ORAL) 15.05.2017 1. The petitioner impugns order dated 04.05.2016, whereby, the request of the petitioner for grant of permission to sue the Royal Embassy of Saudi Arabia under Section 86(1) of the Code of Civil Procedure, 1908 has been declined. Learned counsel for the petitioner draws attention to Section 86(6) of the Code of Civil Procedure and submits that no opportunity of WP(C) 4742/2016 Page 1 of 3 hearing has been granted to the petitioner prior to declining the request.2. Lear...
Bijender vs.the State (Nct of Delhi)
Court: Delhi
Decided on: May-15-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI * + RESERVED ON :01. t MAY, 2017 DECIDED ON :15. h MAY, 2017 CRL.A. 1223/2013 BIJENDER Through : Mr.Udai Raj Singh, Advocate. ..... Appellant versus THE STATE (NCT OF DELHI) CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Mr.Amit Gupta, APP. ..... Respondent S.P.GARG, J.1. Challenge in this appeal is a judgment dated 01.08.2013 of learned Addl. Sessions Judge in Sessions Case No.1arising out of FIR No.145/2011 registered at Police Station Badarpur by which the appellant Bijender was held guilty for committing offences under SectionIPC. By an order dated 27.08.2013, he was sentenced to undergo RI for seven years with fine `5,000/- under Section 376 IPC and RI for four years with fine `1,000/- under Section 363 IPC. Both the sentences were to operate concurrently.2. In nutshell, the prosecution case as set up in the charge- sheet was that on the night intervening 27/28.05.2011 at about 01.00 / 01:30 A.M., the appellant after kidnapping the prosecutr...
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