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Delhi Court September 2017 Judgments

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Sep 15 2017

Narender & Anr vs.mahesh Sharma & Ors

Court: Delhi

Decided on: Sep-15-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : September 15th, 2017 RFA5552015 NARENDER & ANR ..... Appellant Through: Mr.C.P. Tyagi, Advocate. versus MAHESH SHARMA & ORS ..... Respondent Through: Mr.Shesh Datt Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE P.S.TEJI JUDGMENT P.S.TEJI, J.1. The present appeal has been filed by the appellant under Section 96 read with Order XLI CPC against the judgment dated 06.07.2015 passed by the learned Additional District Judge, Delhi whereby the suit filed by the plaintiffs/respondents for possession, permanent injunction, declaration and damages has been decreed in favour of the plaintiffs/respondents and against the appellants/defendants.2. The facts enumerating from the plaint are that two civil suits were filed by the parties against each other; one was CS No.320/2014 titled Mahesh Sharma & ors v. Desh Raj & Anr. and the other was CS No.323/2014 titled Narender v. Mahesh Sharma & Ors. Both the said suits were decided vide com...


Sep 15 2017

Raghav Paswan vs.delhi Development Authority and Anr

Court: Delhi

Decided on: Sep-15-2017

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:15. h September, 2017 + W.P.(C) 8238/2017 RAGHAV PASWAN ........ Petitioner Through: Mr. S.K. Singh & Ms. Renu Singh, Advocates versus DELHI DEVELOPMENT AUTHORITY AND ANR........ RESPONDENTS Through: Mr. Sanjeev Sabharwal, Standing Counsel for the DDA CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI , J.(ORAL) 1. The challenge in this writ petition is to the order dated 19.8.2017 passed by the Executive Engineer/WD-8, DDA, by which the permission granted to the petitioner to sell vegetable and fruits near Max Dry Cleaners, Plot No.1, Sector-6, MLU Market, Dwarka has been withdrawn.2. Learned counsel for the petitioner submits that the order dated 19.8.2017 is bad in law, as the same has been passed without complying with the principles of natural justice. Learned counsel has also drawn the attention of the Court to a communication dated W.P.(C) 8238/2017 Page 1 of 5 8.2.2016 received by...


Sep 15 2017

M/S Hyacinth Estate Pvt. Ltd. Vs.gaon Sabha Raghopur

Court: Delhi

Decided on: Sep-15-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: September 15, 2017 Judgment reserved on: March 28, 2017 + W.P. (C) 11732/2015 & CM. No.31249/2015 M/S HYACINTH ESTATE PVT. LTD. Through: Mr. Sudheer Nandrajog, Sr. Adv. with Mr. Pankaj Vivek and Ms. Anupriya Singh, Advs. ........ Petitioner versus GAON SABHA RAGHOPUR ..... Respondent Through: Mr. Devesh Singh, ASC (Civil) with Mr. Vinod Kr. Bhati, Adv. CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 The present writ petition has been filed challenging the order dated September 24, 2015 passed by the learned Financial Commissioner in Revision Petition No.262/2015 whereby the learned Financial Commissioner has dismissed the Revision Petition upholding the order dated July 24, 2015 passed by the Dy. Commissioner/Collector (South-West) in an Appeal filed by the petitioner herein against the order dated May 27, 2015 of SDM/RA, Kapashera.2. Some of the facts are, it is the case of the petitioner that the pe...


Sep 15 2017

Union of India vs.jagdish Prasad and Anr

Court: Delhi

Decided on: Sep-15-2017

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8232/2017 and C.M. No.338UNION OF INDIA ........ Petitioner Through: Mr. Rajeev Sharma, Ms. Radha Lakshmi R. and Mr. Rajat Krishna, Advocates. versus JAGDISH PRASAD AND ANR. ........ RESPONDENTS Through: Mr. Shanker Raju and Mr. Nilansh Gaur, Advocates for R1. Mr. M.K. Bhardwaj, Advocate. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HONBLE MR. JUSTICE A.K. CHAWLA % ORDER1509.2017 1. The present petition has been filed by the petitioner assailing an order dated 14.02.2017 passed by the Central Administrative Tribunal in O.A. No.494 of 2017 filed by the respondent No.1 whereunder, operation of the impugned Memorandum dated 19.07.2016, issued by the petitioner/UOI was stayed qua the respondent No.1 and he was permitted to continue discharging his duties at the office held by him, including exercising administrative powers even after the attaining the age of 62 years.2. Mr. Sharma learned counsel for the petitioner submits that aggrieved by...


Sep 15 2017

S. Kesar Singh vs.s. Paramjeet Singh & Anr

Court: Delhi

Decided on: Sep-15-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15. h September, 2017. RC.REV. 427/2017 S. KESAR SINGH ........ Petitioner Through: Mr. R.R. Bhardeaj and Mr. Kamal Gupta, Advs. Versus S. PARAMJEET SINGH & ANR CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No.33689/2017 (for exemption) Through: None. ........ RESPONDENTS 1.2. Allowed, subject to just exceptions. The application is disposed of. RC.REV. 427/2017 & CM No.33688/2017 (for stay) 3. This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 25th July, 2017 in ARC No.25826/2016 of the Court of Additional Rent Controller (ARC) (West), Tis Hazari Courts, Delhi]. of dismissal of the application filed by the petitioner for leave to defend the petition for eviction filed by the two respondents under Section 14(1)(e) of the Act and the consequent order of eviction of the petitioner from the corner ground floor shop as shown in the site plan filed with the pet...


Sep 15 2017

Cbz Chemicals Ltd vs.kee Pharma Ltd

Court: Delhi

Decided on: Sep-15-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:01. t September, 2017 Pronounced on:15. h September, 2017 + CO.PET. No.66/2013 and CA Nos.5030/2016, 5033/2016 CBZ CHEMICALS LTD Through : Mr.Ashish ........ Petitioner Dholakia, Mr.D. Kishore Kumar, Mr.Gautam Bajaj, Advocates. Versus KEE PHARMA LTD ..... Respondent Through : Mr.Anil Kumar Kher, Sr Advocate Jain, Mr.Siddhartha with Ms.Namita Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. The petitioner is engaged in the business of design of novel synthetic routes or processes to manufacture fine chemicals/ pharmaceutical products; and design and development of new pharmaceutical entities/molecules in the area of drug development.2. The respondent also carries on the business of manufacture, deal, trade, sell and market of all kinds of pharmaceuticals, medical, chemical, fine chemical drugs and other allied products etc. The respondent had acquired a subsidiary company under the name and style o...


Sep 15 2017

Sardar Kanwal Tej Singh vs.rita Joshi & Ors

Court: Delhi

Decided on: Sep-15-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : September 15th, 2017 RFA2362010 & Cross-objections 11920/2010 SARDAR KANWAL TEJ SINGH ..... Appellant Through: Mr. J.P. Singh, Ms. Richa Sandilya, Mr. Preet Pal Singh, Advocates versus RITA JOSHI & ORS ..... Respondent Through: Mr.Joydip Bhattacharya, Mr. Mayank Sharma, Mr. Hitesh Kumar, Advocates CORAM: HON'BLE MR. JUSTICE P.S.TEJI JUDGMENT P.S.TEJI, J.1. The present appeal has been filed by the appellant under Section 96 of the CPC against the judgment and decree dated 20.02.2010 passed by the learned Additional District Judge, Delhi whereby the suit for specific performance of to sell has been partly allowed to recover a sum of agreement Rs.9,71,000/- with him to specific performance, injunction and possession of the suit property. filed by the plaintiff/appellant interest but disentitling The facts enumerating from the plaint are that one Sh.S.R. Joshi 2. obtained a perpetual lease deed dated 14.05.1969 from the Pr...


Sep 15 2017

Oriental Ins. Co. Ltd. Vs.neelam & Ors.

Court: Delhi

Decided on: Sep-15-2017

$~R-216 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. h September, 2017 + MAC APPEAL No.414/2010 ORIENTAL INS. CO. LTD. ..... Appellant Through: Mr. Pradeep Gaur, Adv. versus NEELAM & ORS. ........ RESPONDENTS Through: None. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Balbir Singh, 27 years old, working as security officer with M/s Air Sahara Pvt. Ltd., deputed at bay No.29 at Indira Gandhi International Airport, New Delhi suffered injuries in a motor vehicular accident that took place on 21.10.2004 at about 5:30AM and died in the consequence on account of he being hit by a passenger coach bus bearing registration No.PB08WT3430registered in the name of M/s Jet Airways (I) Pvt. Ltd. (seventh respondent) also having its operations at the same airport, the sixth respondent being the driver of the said vehicle at the relevant point of time. His wife and other members of the family dependent upon him, they being first to fifth respondents (collectively, the claimants)...


Sep 15 2017

Pritam Singh Mukhi(since Deceased) Through Lrs vs.harmesh Singh

Court: Delhi

Decided on: Sep-15-2017

$~31. * + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) No.1014/2017 PRITAM SINGH MUKHI(SINCE DECEASED) THROUGH LRS Through: Mr. A.S. Dateer, Adv. ........ Petitioner versus ..... Respondent Through: None. HARMESH SINGH CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER1509.2017 CM No.33637/2017 (for exemption).1. 2. Allowed, subject to just exceptions. The application stands disposed of. CM(M) No.1014/2017.3. This petition under Article 227 of the Constitution of India impugns the order (dated 15th July, 2017 in DR No.963of the Court of Additional Rent Controller (Central), Delhi) of dismissal of application filed by the petitioner under Order XXII Rule 9 of the Code of Civil Procedure, 1908 (CPC) for substitution in place of his father in the petition filed by the father under Section 27 of the Delhi Rent Control Act, 1958, on the ground of having been filed after a delay of nine days and consequently dismissing the petition under Section 27 of the Act also as abated.4. I have enq...


Sep 15 2017

Shri Nitesh Kumar & Ors vs.state & Anr.

Court: Delhi

Decided on: Sep-15-2017

$~36 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2678/2017 SHRI NITESH KUMAR & ORS ........ Petitioners Through Mr.Siddharth Tewari, Adv. with Mr.Mahesh Tewari, Mr.Ashok Kr. Sharma and Mr.Amrendra Kr. Mishra, Advs. with petitioners in person. versus STATE & ANR. ........ RESPONDENTS Through Mr.Amit Chadha, APP for Ms.Richa Kapur, ASC for State with W/ASI Pushpa, P.S. Mianwali Nagar. Mr.Dilip Kr. Singh, Adv. for R-2 along with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER1509.2017 Crl.M.A. 15358/2017 (exemption) % Exemption allowed subject to all just exceptions. Application is disposed of. W.P.(CRL) 2678/2017 1. Notice. Learned counsel for the State, who appears on an advance copy having been served, accepts notice. Notice to respondent No.2 also. Respondent No.2 appears is person and accepts notice. She is being represented by her counsel. She is duly identified by IO W/ASI Pushpa. The petitioners have invoked the writ jurisdiction of this court unde...


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