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Delhi Court January 2018 Judgments

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Jan 29 2018

Bimal Kumar Jain vs.the Directorate of Enforcement

Court: Delhi

Decided on: Jan-29-2018

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 287/2018 & CM No.1197/2018 BIMAL KUMAR JAIN ........ Petitioner Through: Mr Naveen Malhotra, Advocate. THE DIRECTORATE OF ENFORCEMENT versus ..... Respondent Through: Mr Amit Mahajan, CGSC for UOI with Ms Mallika, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2901.2018 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, impugning the order dated 03.01.2018 (hereafter the impugned order) passed by the Special Director, Directorate of Enforcement (FEMA) in the case of Assistant Director, Enforcement Directorate (FEMA) v. Naresh Kumar Jain & Ors (bearing file No.T- 4/04/FEMA/DLZO/SDE(CR) dated 11.01.2016 (SCN) and file No.T- 3/CP/34/DZ/2009/AD (SB) (complaint)).2. By the impugned order, the respondent (Special Director, the Directorate of Enforcement) has rejected the petitioners application W.P.(C) 287/2018 Page 1 of 5 for cross-examination of Mr Manoj Garg (the Investigating Officer), the complai...


Jan 29 2018

Satpal vs.central Information Commission & Ors

Court: Delhi

Decided on: Jan-29-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:29. 01.2018 + W.P.(C) 5057/2015 SATPAL ........ Petitioner Versus ........ RESPONDENTS CENTRAL INFORMATION COMMISSION & ORS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS CORAM HONBLE MR JUSTICE VIBHU BAKHRU : : Dr Vijendra Mahndiyan and Ms Pallavi Awasthi. JUDGMENT VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, impugning an order dated 13.11.2014 passed by the Central Information Commission (hereafter the CIC), whereby the information sought by the petitioner was denied on the ground that the same was in the nature of personal information and was exempted under section 7(9), 8(1)(e) and 8(1)(j) of the Right to Information Act, 2005 (hereafter the Act).2. Briefly stated, the relevant facts necessary to address the controversy involved in the present petition are as under:-"W.P.(C) 5057/2015 Page 1 of 8 2.1 The petitioner filed an application under the Act seek...


Jan 29 2018

K. B. Handa vs.govt. Of Nct of Delhi and Ors.

Court: Delhi

Decided on: Jan-29-2018

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 669/2016 K. B. HANDA Date of Judgment :29. h January, 2018 ........ Petitioner Through: Mr. Worthing Kajar and Mr. Vinay K. Shailendra, Advocates. versus GOVT. OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Karan Sharma, Advocate for DDA. Mr. Sanjay Kumar Pathak, Mrs. Koumudi Kiran Pathak and Mr. Sunil Kumar Jha Advocates for LAC/L&B. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.(ORAL) 1. This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra No.554, 1306, 142admeasuring 1 Bigha 1 Biswa, situated in the revenue estate of Village Malikpur Kohi @ Rangpuri, New Delhi-110070 (hereinafter referred to as Subject Land), has lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisi...


Jan 29 2018

Avadh Lok Sewa Ashram & Anr. Vs.rashtriya Mahila Kosh

Court: Delhi

Decided on: Jan-29-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.80/2018 + % AVADH LOK SEWA ASHRAM & ANR. 29th January, 2018 ..... Appellants Through: Ms. Richa Relhan and Ms. Surabhi Sardana, Advocates. versus RASHTRIYA MAHILA KOSH ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.3155/2018 (for exemption) 1. Exemption allowed, subject to all just exceptions. C.M. stands disposed of. C.M. Appl. No.3154/2018 (for delay) 2. For the reasons stated in the application, the delay of 14 days in re-filing the appeal stands condoned. C.M. stands disposed of. RFA No.80/2018 3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit RFA No.80/2018 Page 1 of 8 impugning the judgment of the trial court dated 24.10.2017 by which the trial court decreed the suit for recovery of an amount of Rs.32,93,779/- along with interest at the rate of 8% simple.4. The fac...


Jan 29 2018

Nirmal Gorana vs.department of Health and Family Welfare and Ors.

Court: Delhi

Decided on: Jan-29-2018

$~61 *IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) 826/2018 Date of decision :29. h January, 2018 NIRMAL GORANA Through : Ms. Sija Nair Pal and ........ Petitioner Mr. Deepak Kr. Singh, Advs. versus DEPARTMENT OF HEALTH AND FAMILY WELFARE AND ORS. Through : Mr. Sanjoy Ghose, Adv. for R-1 ........ RESPONDENTS to 3 with Ms. Urvi Mohan, Adv. Ms. Monika Arora, CGSC for R-UOI. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This writ petition contends that the Anganwadi Centres in the Badarpur area of Delhi are being deprived of the benefits of the Integrated Child Development Scheme (ICDS) and the other schemes of the Government for the reason that the Government of NCT of Delhi has been unable to deploy ASHA workers. The second grievance expressed in the writ petition is that the ASHA Workers are not effectively implementing the other ICDS schemes. As a result, the W.P.(C)No.826/2018 Page 1 of 3 residents...


Jan 29 2018

Sh. Tribhuwan vs.bank of India & Anr

Court: Delhi

Decided on: Jan-29-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 29, 2018 W.P.(C) 783/2018 & CM33382018 SH. TRIBHUWAN ........ Petitioner Through: Mr. G.C. Yadav, Advocate versus BANK OF INDIA & ANR .....Respondents Through: Mr. Jagat Arora and Mr. Niraj Kumar, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner is a Peon with respondent-Bank, who had applied for the post of Sepoy and was interviewed on 19th July, 2014. Learned counsel for petitioner submits that petitioner was duly selected and sent for Medical Examination, which he had cleared and respondent-Bank vide letters of 19th and 23rd August, 2014 had sought verification of petitioners antecedents and thereafter, had annulled petitioners selection on the post of Sepoy on 30th June, 2015 due to discrepancy in the date of his birth.... Petitioner claims to have made a Representation of 11th August, 2015 to respondent to clarify about his date of birth, but there was no response and thereafter Legal N...


Jan 29 2018

M/S Dhansa Filing Station (Thr Proprietor Yashpal) vs.vijender Singh

Court: Delhi

Decided on: Jan-29-2018

$~4 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. h January, 2018 FAO1472016 & CM No.12267/2016 & 12269/2016 M/S DHANSA FILING STATION (THR PROPRIETOR YASHPAL) ..... Appellant Through: Mr. Radhir Kumar and Mr. Shashank, Advs. versus VIJENDER SINGH ..... Respondent Through: Mr. Prabhakar, Adv. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) CM No.12269/2016 The delay in filing the appeal is condoned. The application is disposed of. FAO1472016 1. The appellant has challenged the order dated 03rd July, 2015 whereby the Commissioner, Employees Compensation awarded compensation of Rs.1,98,405/- to the respondent.2. The respondent filed an application for claim compensation before the Commissioner, Employees Compensation claiming compensation on the ground that he was working under the appellant as a fuel pump operator FAO1472016 Page 1 of 4 since 1979 and was transferred to the post of a driver on 15th July, 1987 and was last drawing wages of Rs.4,000/- per month;...


Jan 29 2018

Anil Bole & Anr. Vs.shri Banarsidas Chandiwala Sewa Smarak Trust Socie ...

Court: Delhi

Decided on: Jan-29-2018

$~23 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"29th January, 2018 RC.REV. 386/2016 & CM No.28686/2016 (stay) ANIL BOLE & ANR. ........ Petitioners Through: Mr. Sandep Kumar, Advocate. versus + SHRI BANARSIDAS CHANDIWALA SEWA SMARAK TRUST SOCIETY Through: Mr. Rakesh Kumar, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The respondent trust had instituted a case for eviction (E- 560/13) against the petitioners and two others in respect of premises described as three rooms, tin shed, kitchen, latrine, bathroom and WC on the first floor and two rooms, open terrace, one space and one store in stairs on the second floor of flat No.1027/16/2, Paiwalan, Chawri Bazar near Jama Masjid, Delhi-110006 as shown more elaborately in the site plan in red colour annexed to the eviction petition, invoking ground of bona fide need under Section 14 (1) (e) of the Delhi Rent Control Act, 1958. The petitioners, concededly tenants in the subject premises, claiming to...


Jan 27 2018

Atul Sharma vs.state

Court: Delhi

Decided on: Jan-27-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 27, 2018 CRL.A. 297/2015 ATUL SHARMA ..... Appellant Through: Mr. Sumeet Verma, & Mr. Aman Chaudhary, Advocates STATE Versus Through: Mr. Hirein Sharma, Addl. Public Prosecutor for State with W/Inspector Viphesh, police station Vijay Vihar ..... Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR HON'BLE MS. JUSTICE PRATHIBA M. SINGH JUDGMENT (ORAL) Impugned judgment of 22nd November, 2014 holds appellant guilty of the offences under Sections 302 and 201 of Indian Penal Code (IPC) and vide impugned order of 24th November, 2014, appellant has been sentenced to imprisonment for life and fine with default clause for offence under Section 302 IPC and for the offence under Section 201 of IPC, he has been sentenced to rigorous imprisonment for five years and fine with default clause. Both the sentences have been directed to run concurrently.2. The case set up against appellant is that on 24th March, 2014 at about 11:15 p.m...


Jan 27 2018

Vasudev vs.state

Court: Delhi

Decided on: Jan-27-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI VASUDEV STATE Date of Decision: January 27, 2018 CRL. A. 895/2015 ..... Appellant Through: Mr. Aman Chaudhary, Advocate Versus ..... Respondent Through: Mr. Hirein Sharma, Additional Public Prosecutor with SI Gaurav CORAM: HON'BLE MR. JUSTICE SUNIL GAUR HON'BLE MS. JUSTICE PRATHIBA M. SINGH JUDGMENT (ORAL) Appellant has been tried for committing murder of his wife on 28th August, 2012 at the house and vide impugned judgment of 7th April, 2015, he has been convicted for the offence under Section 302 of IPC and vide impugned order of 9th April, 2015, he has been sentenced to imprisonment for life and fine with default clause.2. As per the prosecution case, on 28th August, 2012 at about 09:45 A.M., police had reached appellants house and had found that a girl child aged 3 years was sleeping in the front room and in the inner room, appellant was sitting besides the dead body of his wife. The concerned CRL. A. 895/2015 Page 1 of 5 SDM (PW-5) ha...


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