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Delhi Court August 2017 Judgments

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Aug 28 2017

Arvind Kejriwal vs.arun Jaitley

Court: Delhi

Decided on: Aug-28-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (OS) 234/2017 ASHUTOSH ........ Petitioner Through: Ms.June Chaudhri, Sr.Adv. with Mohd. Irsad, Adv. versus ARUN JAITLEY . Respondent Through: Mr.Rajiv Nayar, Sr.Adv. with Mr.Sandeep Sethi Sr. Adv. with Mr.Manik Dogra, Adv. for R-1. Mr. Anoop George Chaudhri, Sr. Adv. with Mr. Anupam Srivastava and Mr. Rishikesh Kumar, Advs. for R-2 + FAO (OS) 235/2017 ARVIND KEJRIWAL ........ Petitioner Through: Mr.Anoop George Chaudhri, Sr.Adv. with Mr.Anupam Srivastava and Mr.Rishikesh Kumar Advs. versus ARUN JAITLEY . Respondent Through: Mr.Rajiv Nayar, Sr. Adv.with Mr.Sandeep Sethi, Sr. Adv. with Mr.Manik Dogra, Adv. for R-1. Ms.June Chaudhri, Sr. Adv. with Mohd. Isral, Adv. for R-2. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR FAO (OS) 234 & 235/2017 Page 1 of 33 % C. Hari Shankar, J.JUDGMENT2808.2017 Oh, East is East and West is West, and never the twain shall meet, Till Earth and Sky stand presently at God's great ...


Aug 28 2017

Vinod Bala Dua vs.nitishree Infrastructure Pvt. Ltd.

Court: Delhi

Decided on: Aug-28-2017

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + ARB.P. 409/2017 VINOD BALA DUA Judgment delivered on:28. 08.2017 ........ Petitioner versus NITISHREE INFRASTRUCTURE PVT. LTD. ..... Respondent Advocates who appeared in this case: For the... Petitioner For the Respondent : Ms. Apurva Upmanyu with Mr. Fahad Imtiaz, Advocates. : Ms. Nivedita Jain, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2808.2017 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner by this petition under Section 11 of the Arbitration & Conciliation Act, 1996(hereinafter referred to as the Act), seeks appointment of a sole arbitrator to determine and adjudicate the disputes and claims between the parties.2. The petitioner had booked a residential plot with the respondent Company. As per the petitioner, there were delays in execution of the project and handing over of possession of the plot booked by the ARB.P. 409/2017 Page 1 of 3 petitioner, leading to disputes between the parties. The petitioner has, thus, ...


Aug 28 2017

Trilok Chand vs.state (Nct of Delhi)

Court: Delhi

Decided on: Aug-28-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment dated:28. h August, 2017 + CRL.REV.P. 830/2016 & CRL.M.(Bail) 2272/2016 TRILOK CHAND ........ Petitioner Through: Mr.Harsh Jaidka, Adv. versus STATE (NCT OF DELHI) ..... Respondent Through: Mr.Kamal Kumar Ghei, APP for State SI Sanjay Kaushik, PS-Sarai Rohilla CORAM: HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT I.S. MEHTA, J.1. Instant revision petition is preferred by the petitioner under SectionsCr.P.C. read with Section 482 Cr.P.C for setting aside the impugned judgments dated 14.12.2016 passed by the learned Special Judge, CBI-03 (PC Act), Delhi in criminal appeal No.15/2016, conviction judgment dated 03.12.2015 passed by the learned Metropolitan Magistrate (Central)-04, Tis Hazari Courts, Delhi and order on sentence dated 17.05.2016 passed by the learned Metropolitan Magistrate (Central)-04, Tis Hazari Courts, Delhi in FIR No.2titled State Vs. Trilok Chand. CRL.REV.P. 830/2016 Page 1 of 6 2. Briefly facts stated are that on 13.05.2001, ...


Aug 28 2017

Union of India and Anr. Vs.nitish Kumar

Court: Delhi

Decided on: Aug-28-2017

$~11. IN THE HIGH COURT OF DELHI AT NEW DELHI * + % WP(C) 5948/2017 AND CM No.24690/2017 UNION OF INDIA AND ANR Date of Decision:28. 08.2017 ........ Petitioners Through: Mr. Ruchir Mishra and Mr. Mukesh Kumar Tiwari, Advocates versus NITISH KUMAR ..... Respondent Through: Mr. Ajesh Luthra with Mr. Jatin Parashar, Advocates for caveator. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI VIPIN SANGHI, J.(ORAL) 1. The petitioner has preferred the present writ petition to assail the order dated 21.02.2017 passed by the Central Administrative Tribunal in three Original Applications, including, O.A. No.391/2017, preferred by the respondent. By the said common order, the Tribunal has allowed the Original Applications preferred by the applicants. The petitioner Union of India, had also filed WP(C) No.4829/2017 titled, Union of India & Ors. Vs. Sumit Kumar to assail the same common order passed by the Tribunal W.P.(C) 5948/2017 Page 1 of 4 in O.A. No.215/2017. This Court...


Aug 28 2017

Arun Pal Yadav vs.the State & Anr

Court: Delhi

Decided on: Aug-28-2017

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (CRL.) 2427/2017 ARUN PAL YADAV ........ Petitioner Through: Mr.Animesh Gaba, Advocate with petitioner in person. versus THE STATE & ANR ........ RESPONDENTS Through: Ms. Nandita Rao, APP for the State with SI Gajender, CAW Cell, Nanakpura, Delhi. Mr. V.V.R. Rao, Advocate along with R-2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER2808.2017 Crl.M.A. 13851/2017 (exemption) Exemption allowed subject to all just exceptions. Application is disposed of. CRL.M.C. 2427/2017 1. Notice. Learned APP, who appears on an advance copy having been served, accepts notice.2. Notice to respondent No.2 also. She is present in court and accepts notice. She is being represented by her counsel. She is duly identified W.P. (CRL). No.2427/2017 Page 1 of 4 by the SI Gajender.3. The petitioner has invoked the writ jurisdiction of this court under Article 226 of the Constitution of India for quashing of the FIR bearing No.193/2016, registered on 01...


Aug 28 2017

Gurcharan Singh vs.national Insurance Company Limited & Ors.

Court: Delhi

Decided on: Aug-28-2017

$~R-145 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h August, 2017 + MAC.APP. 621/2009 GURCHARAN SINGH Through: Nemo. ... Appellant versus NATIONAL INSURANCE COMPANY LIMITED & ORS. Through: Mr. Pankaj Seth, Advocate for ........ RESPONDENTS R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 JUDGMENT (ORAL) The appellant is the registered owner of the bus bearing registration No.DL-1PB-5177, the negligent driving of which, by the second respondent resulted in a motor vehicular accident that occurred on 08.07.2005 at about 9:15 a.m. involving collision against scooter bearing registration No.DL-3SD-0247 resulting in death of its rider Ramesh, giving rise to cause of action for accident claim case (Suit No.470/2005) being instituted by his wife and other members of the family dependent upon him, it resulting in judgment dated 17.07.2008 whereby the award of compensation was granted, the liability to pay initially having been fastened on the first respondent, it concededly being the i...


Aug 28 2017

Consortium of Alstom Transport India Ltd. And Alstom Transport s.a. An ...

Court: Delhi

Decided on: Aug-28-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5312/2017 & CM No.22512/2017 (stay) + W.P.(C) 5550/2017 & CM No.23336/2017 (stay) Reserved on:26. 07.2017 Pronounced on:28. 08.2017 CONSORTIUM OF ALSTOM TRANSPORT INDIA LTD. & ALSTOM TRANSPORT S.A. & ANR ........ Petitioners versus DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD. & ANR ........ RESPONDENTS Present: Mr. Neeraj Kishan Kaul, Sr. Adv. with Mr. Dinesh Pardasani, Mr. Milanka Chaudhry and Ms. Ashly Cherian, Advocates for petitioners. Mr. Sanjay Jain, Sr. Adv. with Mr. Rishi Manchanda, Mr. Kartik Rai, Ms. Adrija Thakur, Mr. Vidur Mohan and Mr. Arun Kumar, Advs. for respondents. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P. GARG MR. JUSTICE S. RAVINDRA BHAT % Facts:1. The... Petitioners are a Joint-Venture Consortium bidding for both the subject tenders. The respondents are the Dedicated Freight Corridor Corporation of India Ltd. (DFCC) a Central Government PSU, and the Ministry of Railways. The DFCC...


Aug 28 2017

Jitendra Kumar Chopra vs.shiv Saran & Sons Huf & Anr.

Court: Delhi

Decided on: Aug-28-2017

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 08.2017 ARB.A.(COMM.) 21/2017 JITENDRA KUMAR CHOPRA SHIV SARAN & SONS HUF & ANR versus ..... Appellant ........ RESPONDENTS Advocates who appeared in this case: For the Appellant : Mr P.K.Agrawal, Ms Mercy Hussain and Ms Tannya Sharma For the... RESPONDENTS/Claimants: Mr Yakesh Anand and Ms Sonam Anand. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2808.2017 SANJEEV SACHDEVA, J.(ORAL) IA No.9704/2017(exemption) Allowed, subject to all just exceptions. ARB. A. (COMM.) 21/2017 1. The Appellant, by this Appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act), impugns order dated 03.08.2017 passed by the Arbitral Tribunal. ARB.A.(COMM.) 21/2017 Page 1 of 4 2. By order dated 03.08.2017, the Arbitral Tribunal, on an application of the respondent/claimant, under Section 17 of the Act, had directed that the Appellant shall not sell or transfer one flat in property ...


Aug 28 2017

Ramesh Pershad Seth vs.north Delhi Municipal Corporation and Anr.

Court: Delhi

Decided on: Aug-28-2017

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: August 28, 2017 + LPA2902017 RAMESH PERSHAD SETH ..... Appellant Through: Mr. J.C. Mahindro, Advocate versus NORTH DELHI MUNICIPAL CORPORATION & ANR .....Respondents Through: Nemo CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA S. RAVINDRA BHAT, J.(OPEN COURT) C.M. 183(for substitution) Allowed subject to all just exceptions. LPA2902017 & C.Ms.149(stay) 1. The appeal is made in respect of order dated 15th March, 2017 rejecting appellants writ petition. The petitioner/appellant had questioned the attempt on the part of Municipal Corporation of Delhi (MCD) to recover the conversion/parking charges for the renewal of Health Trade Licence. The undisputed facts which led to filing of this appeal are that the petitioner/appellant is the proprietor of City Hotel, an establishment carried on at premises No.3990, Ajmeri Gate, Delhi. He claimed to be aggrieved by the demand made by MCD for deposit of LPA79...


Aug 28 2017

M/S Uday Estates Pvt. Ltd. Vs.asset Reconstruction Company (India) Lim ...

Court: Delhi

Decided on: Aug-28-2017

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7554/2017 & CM No.31151/2017 1. M/S UDAY ESTATES PVT. LTD. ........ Petitioner Through: Mr. A.K. Mata, Sr. Advocate along with Mr. Sanat Kumar, Sr. Advocate with Mr. Sanjay Sharma, Advocate . versus ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED (ARCIL) ..... Respondent Through: Mr. Ateev Mathur, Advocate along with Mr. Ajay Monga, Ms. Jagriti Ahuja and Mr. Amol Sharma, Advocates. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % The petitioner/Company is aggrieved by the orders dated 08.06.2017 ORDER2808.2017 and 04.08.2017 passed by the learned CMMs, Karkardooma and Tis Hazari Courts respectively, appointing two Receivers in respect of two immovable property that stand mortgaged with the respondent/ARCIL and the consequent notices of possession issued by the Receivers, for taking over the said secured assets.2. The petitioner also seeks direction to the learned DRAT, for pronouncing a verdict on an interim ...


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