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Delhi Court September 2017 Judgments

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Sep 05 2017

Shiv Prasad & Ors. Vs.delhi Metro Rail Corporation Ltd. & Ors.

Court: Delhi

Decided on: Sep-05-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.217/2016 Reserved on:30. August, 2017 Date of Decision:5. h September, 2017. ....... Petitioners SHIV PRASAD & ORS. Through: Mr.Anuj Aggarwal, Adv. Versus DELHI METRO RAIL CORPORATION LTD. & ORS..Respondents Through: Mr.V.S.R. Krishna, Adv. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J1 The present writ petition impugns the order dated 24th July, 2015 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.4350/2011 whereby the Tribunal has dismissed the Original Application (hereinafter referred to as OA) filed by the petitioners. The petitioners who were appointed as Semi-Skilled Artisans, had preferred the aforesaid OA, seeking the grade and seniority of Skilled Artisans, from the date of their initial appointment, instead of from the date of their confirmation as granted by the respondents. WP(C) No.217/2016 Page 1 of 20 2. The facts as relevant for the adjudi...


Sep 05 2017

Shishir Chand vs.medical Council of India (Mci) & Ors

Court: Delhi

Decided on: Sep-05-2017

$~54 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 277/2017 SHISHIR CHAND ........ Petitioner Through:... Petitioner in person. versus MEDICAL COUNCIL OF INDIA (MCI) & ORS ........ RESPONDENTS Through: Mr T. Singh Dev, Mr Tarun Verma, Ms Puja Sarkar and Ms Biaktuansangi Das, Advocates for R-1. Mr Parag Tripathi, Senior Advocate with Mr Punit Dutt Tyagi, Mr Ashwini Mishra and Mr Shikhar Khare, Advocates for R-2. Mr Subhodh Kumar Jha and Mr Ramekbal Roy, Advocates for R-3. Mr Gopal Prasad, Advocate for R-4. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU ORDER0509.2017 % VIBHU BAKHRU, J The petitioner has filed the present petition, inter alia, praying as 1. under:-"(i) Set aside the two decisions of the Medical Council of India dated 12.12.2014 and 21.07.2016 in so far as it only awards a "warning" to Respondent No.2 on the facts and circumstances as mentioned above, and (ii) Direct Respondent No.l to reconsider and enhance the W.P.(C) 277/2017 Page 1 of 5 quantum of punishment awarded to...


Sep 05 2017

Digicall Global Pvt Ltd vs.bls International Services Ltd

Court: Delhi

Decided on: Sep-05-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h September, 2017. TR.P.(C.) 146/2017 DIGICALL GLOBAL PVT LTD ........ Petitioner Through: Mr. Vishesh Issar and Mr. Varun Sharma, Advs. Versus BLS INTERNATIONAL SERVICES LTD CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No.32352/2017 (for exemption) Through: None. ..... Respondent 1.2. Allowed, subject to just exceptions. The application is disposed of. TR.P.(C.) 146/2017 & CM No.32351/2017 (for stay) 3. This petition under Section 24 of the Code of Civil Procedure, 1908 (CPC) seeks transfer to this Court of CS No.11152/2016 titled Digicall Global Pvt. Ltd. Vs. BLS International Services Ltd. of the Court of Sh. Girish Kathpalia, District & Sessions Judge, South East, Saket Courts, New Delhi to this Court for trial along with CS(OS) No.478/2016 of this Court titled BLS International Services Ltd. Vs. Digicall Global Pvt. Ltd.4. What transpires is that the petitioner had instituted a suit being CS(OS) No.3723/2014 in ...


Sep 05 2017

Pooja vs.narender Kumar Sharma & Ors

Court: Delhi

Decided on: Sep-05-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI POOJA CM(M) 868/2017 & CM No.28945/2017 (for stay) $~5 * + CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW NARENDER KUMAR SHARMA & ORS Through: None. Versus Through: Mr. Prasouk Jain, Adv. ........ Petitioner ........ RESPONDENTS ORDER0509.2017 This order is in continuation of the earlier order dated 16th August, % 1.2017. 2. The counsel for the petitioner has filed documents and has drawn attention to the order dated 2nd May, 2016, in the suit from which this petition arises, on an application under Order I Rule 10 of the Code of Civil Procedure, 1908 (CPC). Though the application was under Order I Rule 10 of CPC but from a reading of the order dated 2nd May, 2016, it is clear that the impleadment of the petitioner as defendant in the suit was on the demise of her father and in substitution of her father and not owing to any independent right of the petitioner. Merely because the nomenclature of Order I Rule 10 of CPC has been used would not chang...


Sep 05 2017

State (Nct of Delhi) vs.prakash Chandra Pandey

Court: Delhi

Decided on: Sep-05-2017

$~10 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL. L.P. 294/2017 Date of Judgment:5. h September, 2017 STATE (NCT OF DELHI) ........ Petitioner Through: Ms.Radhika Kolluru, Advocate for the State along with Inspector Yogesh, SHO P.S. Khajuri Khas and ASI Jaiveer versus Through: Ms. Sandhya Gupta, Advocate PRAKASH CHANDRA PANDEY ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J.(ORAL) CRL. M. A. 8149/2017 1. This is an application seeking condonation of 79 days delay in filing the present leave to appeal. The grounds for the delay are set out in paras 2 to 4 of this application. Counsel for the applicant submits that the delay is not on account of inaction or negligence, but for the reasons so explained.2. This application is vehemently opposed by the counsel for the respondent. She submits that the application lacks material particulars; it is stereo-typed and does not specifically explain the delay in filing the leave petit...


Sep 05 2017

Sarvesh Kumar vs.state of Delhi & Ors

Court: Delhi

Decided on: Sep-05-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:31. t August, 2017 Pronounced on:05. h September, 2017 + TEST.CAS. 53/2014 SARVESH KUMAR ........ Petitioner Through : Mr.Prasouk Jain and Mr.Karan versus Sinha, Advocates. STATE OF DELHI & ORS ........ RESPONDENTS Through : Ms.Divya Garg and Mr.Rahul Poonia, Advocates for respondent Nos.2 to 8. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This probate petition is filed by Sarvesh Kumar, the beneficiary under the Will dated 02.02.1995. It pertains to property No.459, KG-I, Vikas Puri, New Delhi.2. The brief facts leading to filing of this petition are as follows: (a) Late Dharam Vir Gupta and his wife Late Smt.Satyawati had two daughter namely Sashi Agarwal and Smt.Rajani Jain and six sons namely Sarvesh Kumar, Vimal Kumar, Sharad Kumar, Dilip Kumar, Manoj Kumar and Neeraj Kumar; (b) on 08.10.1997 Late Satyawati got executed a Conveyance Test Case No.53/2014 1 of 3 Deed in her favour, of property bearing No.459,...


Sep 05 2017

Roopram vs.govt of Nct of Delhi and Ors

Court: Delhi

Decided on: Sep-05-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 05, 2017 W.P.(C) 484/2016 & C.M.1990/16, 378Through: Mr. Vishal Maan, Advocate ........ Petitioner ROOPRAM Versus + GOVT OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Sachin Nawani, Advocate for respondents No.1 & 2 Mr. Priyank Sharma, Advocate for Mr. K.S. Singh, Advocate for applicant in C.M.378CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR S. RAVINDRA BHAT, J.(OPEN COURT) 1. The petitioner claims the relief of declaration under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the New Act) to the effect that acquisition of their lands (Khasra No.211 (2- 2), 213 (3-3), 320 (1-16) and 321 (2-17), total measuring 9 bigha and 18 biswas, out of which the petitioner is co-owner to the extent of 2/3rd share i.e. 6 bighas and 12 biswas) situated in Revenue Estate of Village Dallupura, New Delhi, has...


Sep 04 2017

Sardar Nirmaljeet Singh vs.smt. Anupama Motwani

Court: Delhi

Decided on: Sep-04-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.763/2017 & CM Nos. 32095/2017, 32096/2017 & 32141/2017 % SARDAR NIRMALJEET SINGH Through: SMT. ANUPAMA MOTWANI versus Through:4. h September,2017 ..... Appellant Mr. Rajat Aneja, Ms. Chandrika Gupta and Ms. Nisha Sharma, Advocates. ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the Trial Court dated 17.4.2017, by which the trial court has decreed the suit for specific performance filed by the respondent/plaintiff with respect to 1/8th share in the suit property bearing no.17/6, West Patel Nagar, New Delhi. RFA7632017 Page 1 of 5 2. At the outset, it is required to be stated that scope of hearing of this appeal is limited because the appellant/defendant in spite of service failed to appear and contest the suit...


Sep 04 2017

Rajiv Jain vs.state & Anr.

Court: Delhi

Decided on: Sep-04-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:04. 09.2017 % + W.P.(CRL) 2466/2017 RAJIV JAIN ........ Petitioner Through Mr.Vijay Agarwal, Adv. with Mr.Mudit Jain, Mr.Neeraj Kr. Jha and Ms.Barkha Rastogi, Advs. versus STATE & ANR ........ RESPONDENTS Through Ms.Kamna Vohra, ASC for State. Mr.Amit Mahajan, CGSC with Mr.Kunal Dutt, Adv. for UOI. + W.P.(CRL) 2484/2017 SANJAY JAIN ........ Petitioner Through Mr.Vijay Agarwal, Adv. with Mr.Mudit Jain, Mr.Neeraj Kr. Jha and Ms.Barkha Rastogi, Advs. versus STATE & ANR ........ RESPONDENTS Through Mr.Amit Mahajan, CGSC with Mr.Kunal Dutt, Adv. for UOI. CORAM: HON'BLE MR. JUSTICE VINOD GOEL W.P. (Crl.) 2466/2017 & 2484/2017 Page 1 of 14 VINOD GOEL, J.(Oral) 1. It is trite that the Special Judge under Prevention of Money Laundering Act, 2002 (in short PMLA)/Magistrate is not a wing of the Police but is part of the judicial set up of the country. The order has to be passed by a Judicial Magistrate acting in a judicial capacity. It is...


Sep 04 2017

Bhoop Singh & Ors. Vs.delhi Development Authority

Court: Delhi

Decided on: Sep-04-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.761/2017 + % BHOOP SINGH & ORS. 4th September, 2017 ..... Appellants Mr. S.S. Tomar, Advocate. Through: versus DELHI DEVELOPMENT AUTHORITY CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.32073/2017 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.761/2017 and C.M. Nos. 32074/2017 (stay) & 32075/2017 (for additional evidence) 2. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the appellants/plaintiffs impugning the judgment of the Trial Court dated 10.8.2017; by which the trial court has dismissed the suit for possession, declaration, injunction etc filed by the appellants/plaintiffs claiming rights in the RFA No.761/2017 Page 1 of 11 suit property comprising of 260 sq. yds. of khasra no.225, Arakpur Bagh Mochi (Moti Bagh), New Delhi. Trial court dismissed the suit o...


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