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Delhi Court September 2017 Judgments

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Sep 21 2017

Ranbir Singh vs.union of India & Ors.

Court: Delhi

Decided on: Sep-21-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:21. t September, 2017 + W.P.(C) 4577/2017 RANBIR SINGH ........ Petitioner Through Mr. Shanker Raju and Mr. UNION OF INDIA & ORS versus Nilansh Gaur, Advs. ..... Respondent Through Ms. Meera Bhatia, Adv for UOI/R-1. Mr. Satyakam, Adv for R- 2-4 with ASI Sanjeev, Delhi Police. REKHA PALLI, J (ORAL) 1. The present writ petition assails the order dated 24.08.2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.2000/2000 whereby the Tribunal has dismissed the Original Application filed by the... Petitioner. The... Petitioner, a Constable in Delhi Police, had filed the OA challenging his dismissal from service vide order dated 07.11.1997.2. While the... Petitioner was posted in the North East District, one Sh. Nanhe Mal made a complaint to the Commissioner of Police, alleging therein that four police personnel from the Special Staff, North East District including the... Petitioner, had, on 15.04...


Sep 21 2017

New India Assurance Co Ltd vs.anu Mishra & Ors

Court: Delhi

Decided on: Sep-21-2017

$~7 & 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:21. t September, 2017 + MAC.APP. 243/2016 and CM98642016 FUTURE GENERALI INDIA INSURANCE CO LTD .... Appellant Through: Mr. Pankaj Gupta for Ms. Suman Bagga, Advocate versus ANU MISHRA & ORS ....... RESPONDENTS Through: Mr. S.N. Parashar, Advocate for R-1 to 5 Mr. Priyadarsi Acharya, Advocate for R-10 NEW INDIA ASSURANCE CO LTD + MAC.APP. 314/2016 and CM Nos.13739/2016 & 13741/2016 ANU MISHRA & ORS Through: Mr. Priyadarsi Acharya, Advocate ..... Appellant versus ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate for R-1 to 5 Mr. Pankaj Gupta for Ms. Suman Bagga, Advocate for R-3/insurance CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 27.07.2013, Satish Kumar Mishra and Manoj Kumar were moving on a motorcycle and had reached Chhawala village near MAC A2& 3Page 1 of 7 Gurgaon Najafgarh Road, when their vehicle came to be hit by a car bearing registration no.HR-26-BB-8100 (the car), it being driven at the rel...


Sep 21 2017

Hemant Jain vs.sidharth Jaju & Ors

Court: Delhi

Decided on: Sep-21-2017

$~3. * + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) No.676/2016, CMs No.24914/2016 (for stay), 31359/2017 (u/O V R-20 CPC) and CM No.34697/2017 (for waiver of costs). HEMANT JAIN Through: Mr. Rakesh C. Aggarwal, Adv. ........ Petitioner versus ........ RESPONDENTS Through: None. SIDHARTH JAJU & ORS CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER2109.2017 1. This petition under Article 227 of the Constitution of India impugns the order (dated 18th February, 2016 in M.A. No.476of the Court of Additional District Judge (North-East)-01, Karkardooma Courts, Delhi) of dismissal of the application filed by the petitioner for review of the order (dated 14th October, 2014 in CS No.3of the Court of Additional District Judge-1 (North-East) District, Karkardoom Courts, Delhi) disposing of the suit filed by the petitioner by allowing the application of the respondents under Section 8 of the Arbitration and Conciliation Act, 1996.2. 3. The petition was entertained and notice thereof ordered...


Sep 20 2017

Alok Bansal and Ors. Vs.guru Gobind Singh Indraprastha University and ...

Court: Delhi

Decided on: Sep-20-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :14. 09.2017 Judgment delivered on :20. 09.2017 + W.P.(C) 5868/2017 ALOK BANSAL & ORS ........ Petitioners Through: Mr Akhil Sibal, Sr Adv with Mr Shivendra Singh, Ms Kahnavi Mitra and Ms Aditi Phatak, Advs versus GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY & ORS ........ RESPONDENTS Through Mr. Mukul Talwar, Sr.Adv with Ms. Anita Sahani, Adv for R-1. Mr. T. Singhdev, Ms. Puja Sarkar, Ms.Michelle Biakthansangi Das and Mr. Tarun Verma, Advs for R-2/MCI. Mr. Suresh Chandra Sati, Central Govt. Pleader with Mr. Pradeep C. Sati, Advs for R-3. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 There are six petitioners before this Court. They are post graduate students (batch 2014-17) pursuing MD (General Medicine) from Vardhman Mahavir Medical College in Safdarjung Hospital which is affiliated to WP(C) 5868/2017 Page 1 of 24 respondent no.1 (Guru Gobind Singh Indraprastha University). 2... Petitioners had taken the...


Sep 20 2017

State (Nct of Delhi) vs.phool Chand

Court: Delhi

Decided on: Sep-20-2017

$~5 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 20, 2017 CRL.L.P. 16/2017 STATE (NCT OF DELHI) ........ Petitioner Through: Mr.Kewal Singh Ahuja, APP for the State PHOOL CHAND versus Through: None. ..... Respondent PRATIBHA RANI, J.(Oral) 1. The State is seeking leave to appeal impugning the judgment dated 3rd March, 2016 passed by learned Addl. Session Judge in Session Case No.151/2013 whereby the Respondent Phool Chand was acquitted of the charges under Section 354A/509 IPC & Section 11(1)/12 of POCSO Act in FIR No.115/2013, registered at PS Ashok Vihar.2. The grievance of the State is that the statement of the child victim/complainant (PW-3) was duly supported by her mother (PW-4) & father (PW-6) and was sufficient to prove the case against the respondent/accused beyond reasonable doubt. However, learned Trial Court has failed to appreciate their testimony in correct perspective and acquitted the respondent on non-existent grounds. CRL.L.P. 16/2017 Page...


Sep 20 2017

Rajesh Gems and Jewels Pvt Ltd. & Ors. Vs.india Overseas Bank

Court: Delhi

Decided on: Sep-20-2017

$~3 IN THE HIGH COURT OF DELHI AT NEW DELHI * + W.P.(C) 6653/2017 and CM APPL. 27673/2017 RAJESH GEMS AND JEWELS PVT LTD. & ORS. ........ Petitioners Through: Mr Sanjeev Bhandari and Mr Amit Dhall, Advs. along with Mr Rajesh Kumar Luthra, Managing Director versus INDIA OVERSEAS BANK ..... Respondent Through: Mr Karan Khanna and Ms Asmita Kumar, Advs for IOB CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % 1. Mr Khanna, learned counsel for the respondent/Bank, states that the ORDER2009.2017 affidavit directed to be filed by the respondent, has been filed belatedly as he was indisposed. Mr Bhandari, learned counsel for the petitioner, states that he has received a copy of the said affidavit.2. Learned counsel for the respondent Bank concedes that till date, the Bank has not been adopting the practice of stating in the public notices issued for auctioning mortgaged/attached properties as to whether the said properties are freehold or leasehold. We find it to be rat...


Sep 20 2017

Shahzama vs.rakesh Kumar & Anr

Court: Delhi

Decided on: Sep-20-2017

$~R-234 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 517/2010 Decided on:20. h September, 2017 SHAHZAMA ..... Appellant Through: None versus RAKESH KUMAR & ANR ........ RESPONDENTS Through: Ms. Harsh Lata for Ms. Shantha Devi Raman, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant, then aged 27 years, suffered injuries in a motor vehicular accident that took place on 16.10.2005 when the motorcycle bearing registration no.DL-7SZ-6515 driven by him was hit by a truck bearing registration no.HR-63B-4498 which had come in a rash manner. He filed accident claim case (suit no.25/06) seeking compensation.2. After inquiry, the Motor Accident Claims Tribunal (Tribunal), by judgment dated 29.03.2010, which is impugned by the appeal at hand, upheld the case for compensation on the ground that the accident had occurred due to the negligent driving of the said truck. It awarded compensation in the sum of Rs.14,27,200/- fastening the MAC Appeal No.517/2010 P...


Sep 20 2017

M/S Goyal Fashions Ltd. Vs.m/s Shanti Vijay Jewellers &Anr.

Court: Delhi

Decided on: Sep-20-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :7. h SEPTEMBER, 2017 DECIDED ON :20. h SEPTEMBER, 2017 + CS(OS) 1853/1998 ..... Plaintiff Through : Mr.Shankar Vaidialingam with Mr.Shivain Vaidialingam, Advocates. M/S GOYAL FASHIONS LTD. M/S SHANTI VIJAY JEWELLERS &ANR. ..... Defendants Through : None. VERSUS CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The present suit for recovery of `2,12,33,972/- has been preferred by M/s.Goyal Fashions Ltd. (hereinafter referred to as the plaintiff) against the defendants. Defendant No.2 (Manoj Godha) is stated to be the proprietor of M/s. Shanti Vijay Jewellers (defendant No.1).2. Briefly stated, the facts as pleaded in the plaint are that in early 1992 Mukund Sharan Goyal, Director of plaintiff company came in contact with the defendants claimed to be an export organisation. At the request of defendant No.2, the plaintiff and another proprietorship firm M/s.Goyal Modes through Mukund Sharan Goyal were persuaded to place a certain sum...


Sep 20 2017

J K Kashyap vs.rajiv Gupta & Anr.

Court: Delhi

Decided on: Sep-20-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~19-20. * + % RFA(OS) 43-44/2017 J K KASHYAP Date of Decision:20. 09.2017 ..... Appellant Through: Mr. M. Dutta, Advocate. versus RAJIV GUPTA & ANR ........ RESPONDENTS Through: Mr. Sanjiv Narula, Mr. Saad Shervani and Mr. Abhishek Singh, Advocates. CORAM: HONBLE MR. JUSTICE VIPIN SANGHI HONBLE MS. JUSTICE REKHA PALLI VIPIN SANGHI, J.(ORAL) 1. The appellant J.K. Kashyap has preferred the aforesaid two Regular First Appeals to assail the common judgment rendered by the learned Single Judge in C.S.(O.S.) No.2156/2007 preferred by the appellant against the respondents, and C.S.(O.S.) No.277/2007 preferred by the respondent against the appellant. The learned Single Judge has dismissed the suit preferred by the appellant, i.e. C.S.(O.S.) No.2156/2007, while decreeing the suit of the respondents, i.e. C.S.(O.S.) No.277/2007.2. The appellant had preferred the aforesaid suit essentially to seek a decree of specific performance against the respondents ...


Sep 20 2017

Surendera Kumar Jain vs.enforcement Directorate Delhi Zonel Office Zon ...

Court: Delhi

Decided on: Sep-20-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order dated:20. h September, 2017 + 1. BAIL APPLN. 1113/2017 & CRL.M.A.10245/2017 VIRENDRA JAIN ........ Petitioner Through: Mr.Vikram Chaudhri, Sr. Adv. with Mr.Sarvesh P Singh, Mr.Harshit Sethi and Ms.Pragati Sharma, Advs. versus ENFORCEMENT DIRECTORATE DELHI ZONAL OFFICE ZONE II NEW DELHI ..... Respondent Through: Mr.Sanjay Jain, ASG with Mr.Sanjeev Narula, CGSC, Mr.Abhishek Ghai and Ms.Adrija Thakur, Advs. +2. BAIL APPLN. 1114/2017 & CRL.M.A.10232/2017 SURENDERA KUMAR JAIN ........ Petitioner Through: Mr.Vikram Chaudhri, Sr. Adv. with Mr.Sarvesh P Singh, Mr.Harshit Sethi and Ms.Pragati Sharma, Advs. versus ENFORCEMENT DIRECTORATE DELHI ZONEL OFFICE ZONE II NEW DELHI ..... Respondent Through: Mr.Sanjay Jain, ASG with Mr.Sanjeev Narula, CGSC, Mr.Abhishek Ghai and Ms.Adrija Thakur, Advs. BAIL APPLN. 1113/2017 & BAIL APPLN. 1114/2017 Page 1 of 34 CORAM: HON'BLE MR. JUSTICE I.S.MEHTA ORDER I.S. MEHTA, J.1. By way of the above captioned applicati...


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