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Delhi Court August 2017 Judgments

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Aug 28 2017

Narender Singh vs.directorate General Border Security Force and Anr.

Court: Delhi

Decided on: Aug-28-2017

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.5010/2017 Date of decision:28. h August, 2017 NARENDER SINGH ........ Petitioner Through Ms. Tanu Priya Gupta with Ms. Neetica Sharma, Advocates. versus DIRECTORATE GENERAL BORDER SECURITY FORCE AND ANR. ........ RESPONDENTS Through Mr. Vivek Goyal, CGSC with Mr. Harsh Pandit, Advocate for UOI. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.(ORAL): Counter affidavit filed has been returned under office objection. Counter affidavit has been called from the Registry and placed on record. Application seeking condonation of delay for filing the counter affidavit would be numbered. Delay in filing of counter affidavit is condoned.2. Rejoinder is on record. W.P. (C) No.5010/2017 Page 1 of 7 3. Narender Singh, in this writ petition, has prayed for declaration of written examination result, to enable him to participate in the interview for selection of Veterinary Assistant Surg...


Aug 28 2017

Gaurav Gurnani vs.the State & Anr

Court: Delhi

Decided on: Aug-28-2017

$~54 * + W.P. (CRL.) 2443/2017 IN THE HIGH COURT OF DELHI AT NEW DELHI GAURAV GURNANI ........ Petitioner Through: Mr. Mukesh Sinha, Advocate with petitioner in person. versus THE STATE & ANR ........ RESPONDENTS Through: Mr. Aashish Aggarwal, ASC for the State with SI Ajeet, PS Greater Kailash, Delhi. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER2808.2017 Crl.M.A. 13936/2017 (exemption) Exemption allowed subject to all just exceptions. Application is disposed of. CRL.M.C. 2443/2017 1. Notice. Learned APP, who appears on an advance copy having been served, accepts notice.2. Notice to respondent No.2 also. He is present in court and accepts notice. He is duly identified by the IO SI Ajeet.3. The petitioner has invoked the writ jurisdiction of this court under Articleof the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.P.C.) for quashing of the FIR bearing No.141/2017, registered on 14.08.2017 W.P. (CRL). No.24...


Aug 28 2017

Oriental Insurance Company Limited vs.shri Chand Sharma & Ors

Court: Delhi

Decided on: Aug-28-2017

$~R-144 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h August, 2017 + MAC.APP. 620/2009 and CM APPL.18414-18415/2009 ORIENTAL INSURANCE COMPANY LIMITED... Appellant Through: Mr. Pradeep Gaur, Advocate ........ RESPONDENTS versus CORAM: HON'BLE MR. JUSTICE R.K.GAUBA SHRI CHAND SHARMA & ORS Through: Nemo.1. JUDGMENT (ORAL) The accident claim case (MACT No.36/2007) which was instituted on 29.01.2007 by the first and second respondents (the claimants), invoking the structured formula, under the principle of no- fault liability in terms of Section 163-A of the Motor Vehicles Act, 1988, resulted in judgment dated 27.08.2009 passed by the Motor Accident Claims Tribunal (the tribunal), awarding compensation in the total sum of Rs.3,17,400/-, fastening the liability on the appellant insurance company (insurer).2. The facts, as stated in the claim petition, noted by the tribunal in the impugned judgment, are that on 03.01.2007 Amit Sharma, the deceased, was riding motorcycle bearing ...


Aug 28 2017

M/S Aashiana Rolling Mills Ltd vs.m/s Kamdhenu

Court: Delhi

Decided on: Aug-28-2017

$~22 *IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 237/2017, CAV.No.760/2017 & CM Nos.30823-24/2017 % Date of decision :28. h August, 2017 M/S AASHIANA ROLLING MILLS LTD ..... Appellant Through : Mr. C.M. Lall, Sr. Adv. with Mr. Kapil Wadhwa and Ms. Devyani Nath, Advs. versus M/S KAMDHENU LTD ..... Respondent Through : Mr. Akhil Sibal, Sr. Adv. with Mr. S.K. Bansal, Mr. Ajay Amitabh Suman, Mr. Kapil Giri and Mr. Nikhil Chawla, Advs. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE CAV.No.760/2017 As ld. counsel for the caveator has put in appearance, the caveat stands discharged. FAO(OS) 237/2017 and CM Nos.30823-24/2017 1. The appellant is aggrieved by the order dated 9th of August 2017 whereby hearing in an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure filed by the respondent herein in FAO(OS) 237/2017 Page 1 of 3 CS(OS)No.360/2017 has been postponed to 15th September, 2017.2...


Aug 28 2017

Rishi & Anr. Vs.the State & Anr

Court: Delhi

Decided on: Aug-28-2017

$~9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 2680/2017 RISHI & ANR. ........ Petitioner Through: Mr.R.P.S. Bhatti, Advocate with petitioner in person. versus THE STATE & ANR ........ RESPONDENTS Through: Mr.Tarang Srivastava, APP for the State with SI Chanchal, PS Mayur Vihar, Delhi. Mr. Ashok Kumar, Advocate for R-2 to R-4 along with respondents No.2 to 4 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER2808.2017 Crl.M.A. 11112/2017 (exemption) % Exemption allowed subject to all just exceptions. Application is disposed of. CRL.M.C. 2680/2017 1. Notice. Learned APP, who appears on an advance copy having been served, accepts notice. 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 by the SI Chanchal. The petitioners have invoked the writ jurisdiction of this court under 2.3. CRL.M.C. 2680/2017 Page 1 of 3 4.5. 6.7. Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.P...


Aug 28 2017

Ak Gautam vs.i.i.t. & Anr.

Court: Delhi

Decided on: Aug-28-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: April 21, 2017 Judgment delivered on: August 28, 2017 + W.P.(C) 4125/2001 AK GAUTAM versus I.I.T. & ANR. Through: Mr. S.N. Kaul, Adv. ........ Petitioner Through: Mr. T. Singhdev, Ms. Biakthansangi, Mr. Tarun Verma & Ms. Puja Sarkar, Advs. for R-1/I.I.T. ........ RESPONDENTS CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 The present petition has been filed by the petitioner challenging the charge sheet dated September 1, 1994, report of the Enquiry Officer, the order of the Disciplinary Authority dated June 23, 1997 and order of the Appellate Authority dated December 11, 1997.2. The petitioner, who was working as Technical Assistant was issued a charge sheet on September 1, 1994 alleging violation of Rule 3(a) of Conduct Rules and Statute No.13(9) of the Statutes of the Institute, which stipulates that every employee shall maintain absolute integrity and devotion to duty and Rule 3(25) (2) of the CCS ...


Aug 28 2017

Mahendra Chugh vs.nitishree Infrastructure Pvt. Ltd. Now Known as Shou ...

Court: Delhi

Decided on: Aug-28-2017

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28. 08.2017 ARB.P. 424/2017 MAHENDRA CHUGH ........ Petitioner versus NITISHREE INFRASTRUCTURE PVT. LTD. NOW KNOWN AS ..... Respondent SHOURYAPURAM TOWERS PVT. LTD. 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 ARB.P. 424/2017 Page 1 of 3 project and handing over of possession of the plot booked by the petitioner, leading to disputes betw...


Aug 28 2017

Hitesh Mohan Nagpal vs.rachna Nagpal

Court: Delhi

Decided on: Aug-28-2017

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. h August, 2017 + CRL.M.C. 1615/2015 & CRL.M.A. 5881/2015 HITESH MOHAN NAGPAL ........ Petitioner Through: Mr.Umesh Suri, Advocate with Mr. K.P. Singh, Advocate. versus RACHNA NAGPAL ........ RESPONDENTS Through: Mr.Pradeep Narula, Advocate with Ms. Urmila Verma, Advocate. CORAM: HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT I.S. MEHTA, J.1. Instant petition is preferred by the petitioner under Section 482 Cr.P.C. seeking setting aside of the impugned order dated 09.01.2015 passed by the learned Additional Sessions Judge-04 & Special Judge (NDPS) South East, New Delhi in Criminal Appeal No.23 of 2014 whereby the learned ASJ dismissed the appeal filed by the petitioner challenging the interim maintenance order passed by the learned Metropolitan Magistrate (Mahila Court), SED/Saket, New Delhi vide order dated 24.07.2014 under Section 12 read with Sections 17(1), (2), 18, 19, (a), (c), (d), (e), (f), 20 (1b), (3) and 23 of the Prote...


Aug 28 2017

S v Sharma vs.director of Education & Ors.

Court: Delhi

Decided on: Aug-28-2017

$~4. * + % LPA8692013 S V SHARMA IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. 08.2017 Through: Ms. Shikha Sapra and Mr. Sumit ..... Appellant versus Chander, Adv. DIRECTOR OF EDUCATION & ORS ........ RESPONDENTS Through: Mr. Saket Sikri and Mr. Pranav Sharma, Adv for R-2 to 4 CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI VIPIN SANGHI, J.(ORAL) 1. The present appeal is directed against the judgment dated 08.08.2013 passed by the learned Single Judge in W.P. (C.) No.2338/2002. The appellant had preferred the said writ petition to assail the order dated 28.08.2001 passed by the Delhi School Tribunal. The said tribunal had upheld the inquiry report and the order of the disciplinary authority passed against the appellant imposing the penalty of removal from service.2. The impugned judgment shows that two main grounds were urged by the appellant at the time of hearing of the writ petition. The first ground was that one Mrs. M. Varshney was a member o...


Aug 28 2017

Sonu @ Sonia & Anr. Vs.the State & Anr

Court: Delhi

Decided on: Aug-28-2017

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (CRL.) 2441/2017 SONU @ SONIA & ANR. ........ Petitioners Through: Mr. Manish Kumar, Advocate versus THE STATE & ANR ........ RESPONDENTS Through: Mr.Ashish Aggarwal, APP for the State with SI Parveen Kumar, P.S. Rani Bagh, Delhi. Mr. Ajay Bansal, Advocate for R-2 alongwith respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER2808.2017 1. Notice. Learned APP, who appears on an advance copy having been served, accepts notice.2. Notice to respondent No.2 also. He is present in court and accepts notice. He is being represented by his counsel. He is duly identified by the SI Parveen Kumar.3. The petitioners have invoked the writ jurisdiction of this court under Articleof the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing of the FIR bearing No.242/2017, registered on 11.08.2017 with Police Station Rani Bagh, North West, Delhi under Sections 384/120B IPC...


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