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Delhi Court September 2017 Judgments

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Sep 01 2017

Shivam Yadav vs.union of India & Ors.

Court: Delhi

Decided on: Sep-01-2017

19 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7704/2017 & CM318502017 Date of decision:1. t September, 2017 SHIVAM YADAV ........ Petitioner Through: Mr.S.S.Pandey and Mr.H.S.Tiwari, Advs. UNION OF INDIA AND ORS versus ........ RESPONDENTS Through: Through: Mr.Vijay Joshi, Sr. Panel counsel along with Flt. Lt. G.Paliwal and SGT D.Srivastava CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.(Oral) The petitioner was declared as medically unfit by the Medical Board on 21st July, 2016 at Air Force Hospital, Kalaikunda, Kharagpur, West Bengal (4AFH) on the ground that he was unable to squat.2. The petitioner, thereafter, had filed an appeal and was examined by the Appellate Medical Board at SMC, Air Force Station, Bagdogra, West Bengal on 10th August, 2016. The petitioner claims that he was referred to a Specialist and was WP(C) 7704/2017 Page 1 examined at 158 Base Hospital, Bengdubi, West Bengal. The petitioner was again declared as unfit...


Sep 01 2017

Pharma Ventures (International) Llp vs.m/s Neelamber Associates Privat ...

Court: Delhi

Decided on: Sep-01-2017

18 $~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 2859/2015 PHARMA VENTURES (INTERNATIONAL) LLP ..... Plaintiff Through: Ms. Padma Priya, Advocate. versus M/S NEELAMBER ASSOCIATES PRIVATE LIMITED ..... Defendant Through: Ms. Gurkamal Hora Arora, Advocate for applicant-defendant. Date of Decision:01. t September, 2017 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral): I.As. 9973-9975/2017 1. Present application being I.A. 9973/2017 has been filed by the applicant-defendant under Order XXXVII Rule 4 read with Order IX Rule 13 and Section 151 CPC for setting aside judgment and decree dated 22nd February, 2016.2. Learned counsel for applicant-defendant states that the entire transaction of subscription of equity shares and issuing of cheques by plaintiff was a sham transaction carried out by Mr. D.K. Gupta, one of the present Directors of the defendant, in collusion and in connivance with CS(OS) 2859/2015 Page 1 of 3 partners of plaintiff.3. It is contended that the ...


Sep 01 2017

South Delhi Municipal Corporation vs.m/s Outdoor Associates

Court: Delhi

Decided on: Sep-01-2017

$~31 * + IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:01. 09.2017 LPA772017, CM APPL.3690/2017 SOUTH DELHI MUNICIPAL CORPORATION ..... Appellant Through: Mr. Sanjay Poddar, Sr. Advocate with Mr. Mukesh Gupta and Mr. Govind Kumar, Advocates. versus M/S OUTDOOR ASSOCIATES ..... Respondent Through: Mr. Anand Mishra with Mr. Hemant Kumar, Advocates. CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE A.K. CHAWLA S.RAVINDRA BHAT, J.(ORAL) 1. The South Delhi Municipal Corporation (SDMC) is aggrieved by the order of the learned Single Judge which permitted the exhibition of a wall wrap advertisement upon a commercial building, claimed by the respondent (Outdoor Associates), hereafter referred to as writ petitioner. The writ petitioner requested the SDMC through an application along with requisite documents for permission to erect large advertisement wall wrap (40x10, i.e., 400 sq. ft.) on the third floor of a commercial building i.e., Satkar Building, Nehru Place. Apparently, ...


Sep 01 2017

Sandeep Shokeen vs.the State Nct of Delhi & Anr

Court: Delhi

Decided on: Sep-01-2017

$~25 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2290/2017 SANDEEP SHOKEEN ........ Petitioner Through Mr. Rohit Kumar, Advocate with petitioner in person. versus THE STATE NCT OF DELHI & ANR ........ RESPONDENTS Through Mr.Rajesh Mahajan, ASC for the State Mr. Sunil Fernades, Standing counsel for BSES RPL with Mr. Arnav Vidyarthi with Mr. Pradeep Baisoya, authorised representative of respondent No.2-comapny. CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER0109.2017 1.2. Learned counsel for respondent No.2 has handed over a copy of General Power of Attorney dated 05.07.2017 in favour of Mr. Pradeep Baisoya. Same is taken on record. 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.559/2014, registered on 26.06.2014 against him with Police Station Najafgarh, South West District, Delhi, under Section 135 of the Indian Electricity (Amendment) Act, 2003 on the complaint of respondent No.2/...


Sep 01 2017

Ircon International Ltd vs.satya Prakash Builders Ltd

Court: Delhi

Decided on: Sep-01-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(OS) (COMM) 106/2017 Date of decision 1st September, 2017 IRCON INTERNATIONAL LTD ..... Appellant Through Mr. Chandan Kumar and Mr. Rahul Kumar, Advocates. versus SATYA PRAKASH BUILDERS LTD CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA Through ..... Respondent SANJIV KHANNA, J.(ORAL) The records of the single Judge have been requisitioned and perused.2. We have heard the counsel for the appellant in this intra-Court appeal under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015 read with Section 37 of the Arbitration and Conciliation Act, 1996 (A & C Act, for short) impugning order dated 13th April, 2017 by which the objection of the appellant under Section 34 of the A & C Act has been dismissed.3. The undisputed position is that the appellant, Ircon International Limited, had entered into a contract with the respondent Satya Prakash Builde...


Sep 01 2017

Shree Flavours Llp vs.government of India & Ors.

Court: Delhi

Decided on: Sep-01-2017

$~8 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) 6569/2017 SHREE FLAVOURS LLP ........ Petitioner Through: Mr. Parag Tripathi, Senior Advocate with Mr. Vivek Kohli, Mr. Ashwani Sharma, Mr. Kumal Bhari and Ms. Prerna Kohli, Advocates. versus GOVERNMENT OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Amit Mahajan, CGSC for R-1. Mr. Sanjeev Narula, Senior Standing Counsel with Mr. Abhishek Ghai, Advocate for R-2 & 3. CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH % Prathiba M. Singh, J.ORDER0109.2017 1. The powers of the Customs and Central Excise Settlement Commission (hereafter referred to as Settlement Commission) constituted under Section 32 of the Central Excise Act, 1944 (hereinafter referred to as the CEA), to send the matter to the adjudicating authority by rejecting the application for settlement filed by the... Petitioner, are in question in the present case.2. The... Petitioner No.1 (the... Petitioner), Shree Flavours LLP, is a Limited Liability Partnership fir...


Sep 01 2017

Rajdweep Saraswat vs.union of India & Ors.

Court: Delhi

Decided on: Sep-01-2017

16 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7676/2017 & CM317322017 Date of decision:1. t September, 2017 RAJDWEEP SARASWAT ........ Petitioner Through: Mr.L.C.Rajput, Adv. UNION OF INDIA AND ORS versus ........ RESPONDENTS Through: Mr.Vikas Mahajan, CGSC with Mr.S.S.Rai, Adv. and Mr.Piyush Gaur, GP for UOI. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.(Oral) The petitioner, Rajdweep Saraswat in this writ petition seeks a direction to the respondents to fix his seniority in the rank of Sub- Inspector (Electrical) with effect from June-July, 1996 and consequential benefits by granting promotions with retrospective effect at the rank of Inspector and Assistant Commandant, the present rank he is holding.2. We have considered the submissions and find ourselves to be in agreement with the stand of the respondents as recorded in the communication dated 3rd April, 2017. WP(C) 7676/2017 Page 1 3. The petitioner was initially appointed as...


Sep 01 2017

n.n.s.rana vs.indian Express & Anr.

Court: Delhi

Decided on: Sep-01-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and Order:1. t September 2017. $~R-9 * + RFA492009 N.N.S.RANA Through: Mr. Aditya Kumar Choudhary, Mr.Kushagra Sinha, Advocates ..... Appellant versus INDIAN EXPRESS & ANR. Through: Mr.N.B. Joshi, Mr. Abhijeet Negi, Advocates ..... Respondent CORAM: HON'BLE MR. JUSTICE P.S.TEJI ORDER0109.2017 % P.S. TEJI, J.(ORAL)1) The appellant has filed the present appeal under Section 96 of the CPC thereby challenging the judgment and final order dated 03.12.2008 passed by learned Additional District Judge 16 (Central) Tis Hazari Courts, Delhi whereby the learned trial court had dismissed the suit filed by the appellant. The facts in brief are that the plaintiff/appellant was highly2) qualified officer and belonged to Indian Railway Personnel Service (IRPS), 1964 Batch of Civil Services and was in the rank and pay of Joint Secretary to Government of India. He had filed a suit against the defendants/respondents against their publication of new...


Sep 01 2017

Rajesh Kumar vs.shiv Charan

Court: Delhi

Decided on: Sep-01-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t September, 2017 RC.REV.411/2017 RAJESH KUMAR ........ Petitioner Through: Mr. Madhurendra Kumar, Adv. Versus SHIV CHARAN Through: None. ..... Respondent CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM Nos.32017-18/2017 (both for exemptions) 1.2. Allowed, subject to just exceptions. The applications are disposed of. RC.REV.411/2017 & CM No.32016/2017 (for stay) 3. This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 15th December, 2016 in E.No.26072/2016 of the Court of Additional Rent Controller (ARC) (West), Tis Hazari Courts, Delhi]. of dismissal of the application filed by the petitioner / tenant for leave to defend the petition for eviction under Section 14(1)(e) of the Act filed by the respondent / landlord and the consequent order of eviction of the petitioner / tenant from Shop No.6 in property No.1624-25/913, Shiv Market, A-4, Paschim Vihar, New ...


Sep 01 2017

Ram Lal Gandhi vs.state

Court: Delhi

Decided on: Sep-01-2017

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI TEST.CAS. 47/2015 RAM LAL GANDHI ........ Petitioner Through: Ms. Kamlesh Mahajan with Mr. Prince Kumar, Advocates. STATE versus Through: None ..... Respondent Date of Decision:01. t September, 2017 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral):1. Present petition has been filed by the petitioner under Section 276 of the Indian Succession Act for grant of probate/letters of administration in respect of Will dated 01st January, 2015 of the deceased Smt. Santosh Gandhi, who expired on 07th March, 2015.2. It has been stated in the petition that Sh. H. N. Gandhi, husband of the deceased, Smt. Santosh Gandhi, expired on 14th July, 2014. It is stated that the deceased neither had any children nor any Class-I legal heirs. It has also been averred in the petition that the petitioner is the brother-in-law and is a Class-II legal heir of the deceased Smt. Santosh Gandhi as he is the real brother of Sh. H. N. Gandhi. TEST.CAS. 47/...


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