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Delhi Court January 2018 Judgments

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Jan 22 2018

B. D. Joshi vs.land Acquisition collector/a.d.m. And Ors.

Court: Delhi

Decided on: Jan-22-2018

$~30 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment :22. d January, 2018 + W.P.(C) 6745/2016 B. D. JOSHI ........ Petitioner Through: Mr. Pankaj Vivek, Ms. Anupriya Singh and Mr. Atul Tripathi, Advocates. versus LAND ACQUISITION COLLECTOR/A.D.M. & ORS. .....Respondents Through: Mr. Yeeshu Jain, Standing Counsel for LAC/L&B with Ms. Jyoti Tyagi, Advocate. Mr. Tarunvir Khehar, Mr.Abhimanyu Gupta and Mrs. Guneet Khehar, Advocates for DDA. Mr. Arun Birbal, Advocate for DDA. Singh CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G. S. SISTANI, J.(ORAL) 1. Present writ petition has been filed under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings with respect to the land of the petitioner i.e. Plot No.34 (New Plot No.44) admeasuring 100 Sq. Yards comprised in Khasra No.635 (4-16) situated in the revenue estate of Village Roshanpura, Delhi (hereinafter referred to as Subject Land), has lapsed in view...


Jan 22 2018

M L Lakhanpal vs.darshan Lal & Anr.

Court: Delhi

Decided on: Jan-22-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP (COMM) 447/2017 Reserved on:18. h December, 2017, Date of decision:22. d January, 2018 M L LAKHANPAL Through: Mr.Mohit Madan, Adv. along Petitioner with petitioner in person. Versus DARSHAN LAL & ANR. ........ RESPONDENTS Through: None CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the Arbitral Award dated 16.08.2017 passed by the Sole Arbitrator, dismissing the counter claim filed by the respondent, however, not awarding any cost of the arbitration proceedings in favour of the petitioner. The challenge of the petitioner is to the non-award of the cost as also to the rejection of the Sole Arbitrator to allow the petitioner to file his Statement of Claim as also rejecting his application seeking extension of time to file such Statement of Claim.2. The disputes between the parties are in re...


Jan 22 2018

Ms Veena Kothavale vs.union of India & Ors.

Court: Delhi

Decided on: Jan-22-2018

$~ * % + W.P.(C) 3087/2016 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:23. 08.2017 Judgment delivered on:22. .01.2018 MS VEENA KOTHAVALE ........ Petitioner Through: Ms. Jyoti Singh, Sr. Adv with Mr. R. Balasubramanian, Ms.Aarti Sharma, Mr.Himanshu Gautam, Mr.Santosh Kumar & Mr.Padma Kumar, Advocates. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Sanjeev Narula, CGSC with Ms.Anunita Chandra, Advocate for UoI. Mr. Sanjay Poddar, Sr. Adv with Ms.Saahila Lamba & Mr.Govind Kumar, Advs for R-5. Mr.Naresh Kaushik, Adv for UPSC. + W.P.(C) 8443/2016 DIWAKAR SINGH ........ Petitioner Through: Mr. Sanjay Poddar, Sr. Adv with Ms. Saahila Lamba & Mr. Govind Kumar. Advs. UNION OF INDIA AND ORS versus ........ RESPONDENTS Through: Mr. Sanjeev Narula, CGSC with Ms.Anunita Chandra, Adv for UoI. Mr. Naresh Kaushik, Adv for UPSC. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI W.P.(C) 3087/2016 & W.P.(C) 8443/2016 Page 1 of 54 REKHA PALLI (J) JUDG...


Jan 22 2018

Azhar Ahmed vs.union of India & Ors.

Court: Delhi

Decided on: Jan-22-2018

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 6039/2016 Date of Judgment 22nd January, 2018 ........ Petitioner AZHAR AHMED Through: Mr. Rajesh Kumar, Advocate. versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Yeeshu Jain, Standing Counsel for Jyoti Tyagi, LAC/L&B with Ms. Advocate. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G. S. SISTANI, J.(ORAL) 1. This is a petition under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings are liable to lapse with respect to the land of the petitioner measuring 1 Bigha 8 Biswas forming part of Khasra No.57 situated in the revenue estate of Village Behlolpur Khader, Tehsil Mehrauli, New Delhi. (hereinafter referred to as Subject Land) in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 2013 Act), the compensation has been paid to th...


Jan 22 2018

Komansu Electornics Pvt Ltd vs.m/s Gadsec Solutions & Ors

Court: Delhi

Decided on: Jan-22-2018

$~3 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 874/2016 & 11140/2016 I.A.Nos.8336/2016, 9443/2016, KOMANSU ELECTORNICS PVT LTD Through Mr.S.Khan, Advocate. ..... Plaintiff versus M/S GADSEC SOLUTIONS & ORS Through Mr.Gaganpreet Singh, Advocate. ..... Defendants % Date of Decision:22. d January, 2018. CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present summary suit has been filed under Order XXXVII CPC for recovery of Rs.1,27,10,829/ Briefly stated, the relevant facts of the case are that the plaintiff supplied CCTV equipments to the defendants. It is the plaintiffs case that the defendants did not make any payment after 07th June, 2010 and that in a meeting held on 05th September, 2012, the defendants accepted the liability of Rs.82,53,785/- uptil 20th September, 2012 and accordingly handed over a cheque bearing no.151930 dated 20th September, 2012 amounting to Rs.82,53,785/-. CS(COMM) 874/2016 Page 1 of 7 3. It is the plaintiffs case that the said che...


Jan 22 2018

Tata Power Delhi Distribution Limited vs.neeraj Gulati

Court: Delhi

Decided on: Jan-22-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision: January 22, 2018 W.P.(C) 9671/2015, CM No.23085/2015 TATA POWER DELHI DISTRIBUTION LIMITED ........ Petitioner Through: Mr. Manish Srivastava, Adv. with Mr. Shagun Trisal & Ms. Moulshree Shukla, Advs. versus NEERAJ GULATI ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) 1. The present petition has been filed by the petitioner namely Tata Power Delhi Distribution Ltd, challenging the order dated August 28, 2015 passed by the Consumer Redressal Forum in the Consumer Grievance No.6636/06/15/MTN titled Neeraj Gulati v. TPDDL. The said complaint was filed by the respondent herein against the action of the petitioner herein not to release new connection applied against Notification No.2008949481 dated April 06, 2015 at Shop No.5, Lower Ground Floor, Block-N, Kirti Nagar, Delhi with sanctioned load of 1 KW. The same was denied W.P.(C) No.9671/2015 Page 1 of 34 by the petitioner as due...


Jan 22 2018

M/S H. G. Retail Solutions Pvt. Ltd. Vs.joginder Sansanwal

Court: Delhi

Decided on: Jan-22-2018

$~52 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:22. d January, 2018 RFA4902013 M/S H. G. RETAIL SOLUTIONS PVT. LTD. Through: None. versus ..... Appellant JOGINDER SANSANWAL ..... Respondent Through: Mr. Karamveer Singh, Advocate. CORAM: JUSTICE PRATHIBA M. SINGH (M-9250925395) Prathiba M. Singh, J.(Oral) RFA4902013 The Respondent/Plaintiff (hereinafter, the Plaintiff) filed the suit for possession and mesne profits against the Appellant/Defendant (hereinafter, the Defendant). The Plaintiff claimed to be the owner of property bearing No.A124/8, Main Road, Katwaria Sarai village, near Qutub Hotel, New Delhi 110016, consisting of upper ground floor having super area of 950 square feet (hereinafter, suit property).2. The Plaintiff had let out the suit property to the Defendant for a monthly rent of Rs.58,500/- . The monthly rent was liable to be paid either w.e.f. 15th May, 2010, or from the date of the business in the suit property, whichever was earlier. The Defendant t...


Jan 22 2018

Garima Goel vs.pankaj Jain

Court: Delhi

Decided on: Jan-22-2018

$~ 53 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :-"22nd January, 2018 CM(M) 801/2016 & CM No.30166/2016 (stay), CM No.30169/2016(delay) GARIMA GOEL ........ Petitioner Through: Mr. Anand K. Mishra with versus Mr. Mani Karan Sharma, Advocates. PANKAJ JAIN CORAM: HON'BLE MR. JUSTICE R.K.GAUBA Through: Ms. Arti Sharma, Advocate. ..... Respondent ORDER (ORAL) + 1. The proceedings from which the present petition arises, relate to a civil suit (registered at that point of time as Suit No.97/2014), instituted by the petitioner against the respondent seeking reliefs in the nature of perpetual injunction and cancellation of sale deed dated 01.05.2006. The respondent herein had filed the written statement in Febraury, 2007 in answer to the said suit. In the written statement he had also come with a counter claim in exercise of the liberty granted by the provision contained in Order VIII Rule 6A of the Code of Civil Procedure, 1908 (CPC). For some inexplicable reasons, the counsel then e...


Jan 22 2018

Airports Authority Officers Association (India) vs.airports Authority ...

Court: Delhi

Decided on: Jan-22-2018

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:22. d January, 2018 + W.P.(C) 8561/2017 AIRPORTS AUTHORITY OFFICERSASSOCIATION (INDIA) ........ Petitioner Through Mr. S.M. Sundaram and Mr. K. V. Balakrishnan, Advs. versus AIRPORTS AUTHORITY OF INDIA ..... Respondent Through Mr. Digvijay Rai and Mr. Pulkit Tyagi, Advs. CORAM HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL)1) This is a writ petition in which the following substantive reliefs have been claimed:-"a) Issue an appropriate writ, order or direction directing the Respondent to recognise the... Petitioner Association as the Association of Officers of CNS Cadre in terms of the Policy dated 01.03.2017. b) Restrain the Respondent from extending the dates of submission of documents and undertakings as stated in its Policy from other Association claiming the representative of CNS Cadre. to be2) The first substantive hearing in the matter was held on 27 September 2017. The following order was passed: -...


Jan 21 2018

k.d. Campus Pvt. Ltd vs.metis Eduventures Private Limited India & Ors

Court: Delhi

Decided on: Jan-21-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d January, 2018 CS(COMM) No.485/2017 K.D. CAMPUS PVT. LTD. ........ Petitioner Through: Ms. Rajeshwari H. and Mr. Kumar Chitranshu, Advs. Versus METIS EDUVENTURES PRIVATE LIMITED INDIA & ORS ........ RESPONDENTS Through: Mr. Amit Sibal, Sr. Adv. with Mr. Rajat Kumar, Mr. Mani Gupta and Mr. Aditya Gupta, Advs. for D-1. Mr. Harsh Parashar and Mr. Aman Pandey, Advs. for D-2 to 8. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW I.A.No.8356/2017 (u/O XXXIX R-1&2 CPC).1. The plaintiff, engaged in the business of imparting coaching for examinations held by State Services Commission (SSC) and for various other competitive exams, during the pendency of the suit seeks to restrain, (a) defendants no.2 to 6, contractually committed with the plaintiff to during the period of their contract from teaching in defendant no.1, carrying on the same business/vocation as plaintiff and thus a competitor of the plaintiff; and (b) defendants no....


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