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Delhi Court January 2018 Judgments

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Jan 19 2018

Attar Singh & Ors. Vs.govt of Nct of Delhi

Court: Delhi

Decided on: Jan-19-2018

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:19. h January, 2018 + W.P.(C) 1450/2015 ATTAR SINGH & ORS. ........ Petitioners Through: Mr.S.B.S. Vashistha, Advocate versus GOVT OF NCT OF DELHI ..... Respondent Through: Mr.Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/ LAC. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) CM.APPL450012017 1. This is an application under Order VI Rule 17 of the Code of Civil Procedure filed by the petitioners seeking amendment to the writ petition.2. Notice was issued in this application on 11.12.2017. No reply has been filed by the respondent. The prayer made in the application is not opposed. The application is allowed. Let the amended writ petition be taken on record.3. The application stands disposed of. W.P.(C) 1450/2015 4. This is a petition under Article 226 of the Constitution of India filed by the petitioners. Aggrieved by two orders both dated 12.0...


Jan 19 2018

Hsil Ltd. Vs.manish Vij and Ors.

Court: Delhi

Decided on: Jan-19-2018

$~J * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:19. 01.2018 CS(OS) 486/2014 HSIL LTD. Through Mr.Manav Gupta, Advocate ..... Plaintiff versus MANISH VIJ AND ORS. ..... Defendants Through Mr.R.S.Suri, Sr. Adv. with Mr.Rohit Agarwal, Advocate CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.O.A. No.220/2016 1. The present appeal is filed under Rule 4 of Chapter II of the Delhi High Court (Original Side Rules) 1967 to impugn the order dated 20.10.2016 passed by the learned Joint Registrar dismissing the application under Order 8 Rule 1A (3) of the CPC filed by defendants No.1 to 4 and 6.2. The present suit is filed by the plaintiff seeking a decree for recovery of a sum of Rs.3,79,06,333/- along with future and pendente lite interest etc. from the defendants.3. The case of the plaintiff is that defendant No.1 joined the plaintiff company in August, 2003 as a senior executive. It is urged that the plaintiff expressed concern on several occasions on outstanding dues fro...


Jan 19 2018

Suman Kumar vs.central Warehousing Corporation

Court: Delhi

Decided on: Jan-19-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 19, 2018 W.P.(C) 6237/2017 SUMAN KUMAR ........ Petitioner Through: Mr. Abdhesh Chaudhary, Mr Nilendu Vatsyayan and Mr. Yogesh Kumar Keshari, Advocates versus CENTRAL WAREHOUSING CORPORATION .....Respondent Through: Mr. K.K. Tyagi, Mr. I. Ahmad and Mr.Anoop Kumar, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1.... Petitioners counsel submits that no rejoinder is required to be filed and this matter can be finally heard.2.... Petitioner is a differently-abled person, who is said to have retired as Senior Assistant Manager way back in the year 2012. The claim in this petition is regarding 5% additional transport subsidy for the period from 26th November, 2008 upto 30th April, 2012. Reference is made to Office Order of 9th April, 2010, which puts ceiling of 40% on the perquisites/allowances. Alongwith aforesaid Office Order of 9th April, 2010, petitioner has placed on record the format of perquisites/allowa...


Jan 19 2018

Rameshwar Kumar vs.union of India & Ors

Court: Delhi

Decided on: Jan-19-2018

$~14 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:19. 01.2018 W.P.(CRL) 1838/2015 & CRL. M.A. 11690/2016 RAMESHWAR KUMAR ........ Petitioner Through: Mr. Rajinder Kumar and Mr. Ashutosh Dubey, Advocates. Versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Ms. Kamna Vohra, ASC with SI Nishant Dahiya and SI O. P. Mandal, P.S. Ranjit Nagar. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) 1. This writ petition has been preferred by the father of late Ms. Sumanlata under Article 226 of the Constitution of India and section 482 of the Criminal Procedure Code, 1973 (Cr.P.C.) for issuance of directions for conducting fair investigation and for the registration of FIR under sections 302/120-b/467/4IPC against respondent nos.8 to 12 .2. The brief facts of the case are that the deceased, Ms. Sumanlata got married to the respondent no.8 on 06.04.2006 and had two children out of the said marriage. On 26.06.2015 at about 12:30 a.m., the petitioner received...


Jan 19 2018

Bijender Singh vs.ravinder Siwach

Court: Delhi

Decided on: Jan-19-2018

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:19. 01.2018 CRL.L.P. 32/2015 BIJENDER SINGH ........ Petitioner Through: Mr. Abhijat and Mr. Pratyush Sharma, Advocates. Versus RAVINDER SIWACH CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) Through: Mr. Jaideep Malik, Adv. ..... Respondent The petitioner has impugned the order dated 28.11.2014 on the 1. ground that there has been mis-trial inasmuch as the petitioner was never accorded an opportunity to prove his case in accordance with law. He submits that as per the procedure specified under Section 138 of the Negotiable Instruments Act, 1881 (the Act) the accused is to step into the witness box to raise his defence; the defence has to be substantive because the presumption under Section 138 of the Act is against the person who has issued the cheque. The procedure adopted in the impugned order, apropos framing of charge under section 138 of the Act recorded inter alia:-"The notice is read over and ...


Jan 19 2018

The Oriental Insurace Co. Ltd. Vs.m/s Devansh Real Estate Pvt. Ltd.

Court: Delhi

Decided on: Jan-19-2018

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.54/2018 19th January, 2018 Through : Mr. Vishnu Mehra, Adv. ..... Appellant ..... Respondent THE ORIENTAL INSURACE CO. LTD. M/S DEVANSH REAL ESTATE PVT. LTD. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA versus To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. 2068/2018(exemption) Exemption allowed subject to just exceptions. CM stands disposed of. RFA No.54/2018 & C.M. 2067/2018(stay) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is filed by the appellant/tenant/Oriental Insurance Company Limited impugning the judgment of the trial court RFA No.54/2018 Page 1 of 6 dated 30.08.2017 whereby the trial court has decreed the suit filed by the respondent/plaintiff/landlord for mesne profits.2. It may be noted that the suit filed by the respondent/plaintiff/landlord was for both possession and mesne profits. On account of a decree earlier being passed under Order XII Rule 6 CPC against ...


Jan 19 2018

Dr. Kusum Lata vs.university of Delhi & Ors

Court: Delhi

Decided on: Jan-19-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 19, 2018 W.P.(C) 2496/2008 & CM51382008 DR. KUSUM LATA ........ Petitioner Through: Mr. S. K. Rungta, Senior Advocate with Mr. Prashant Singh and Mr. Shivankar Shukla, Advocates Versus UNIVERSITY OF DELHI & ORS .....Respondents Through: Mr. Anurag Mathur, Advocate for respondent No.1 Mr. Pranav Kumar Jha, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL)... Petitioner is visually impaired, who had applied for the post of Hindi Lecturer in pursuance of an Advertisement in the year 1997 and as per the counter-affidavit filed by respondent-College, she was found to be meeting the minimum eligibility qualification and she was duly considered under 3% Reservation for visually impaired persons, but was found to be unfit by the Selection Committee for appointment on the permanent post of Hindi Lecturer. However, it is the case of respondent- College that petitioner was found to be fit for...


Jan 19 2018

Nikhil Sharma & Ors. Vs.union Public Service Commission &Ors.

Court: Delhi

Decided on: Jan-19-2018

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 488/2014 & CM21062018 NIKHIL SHARMA & ORS. .....Petitioners Through: Mr. Shashank Shekhar Singh, Mr. Prashant Singh and Mr. Pritam Bishwas, Advocates versus UNION PUBLIC SERVICE COMMISSION &ORS. Through: Mr. Naresh Kaushik, Mr. Devik Singh and Mr. Akash Malhotra, Advocates .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER % 19.01.2018 At the outset, learned counsel for respondents-UPSC submits that since this matter relates to recruitment to All India Services, therefore, it is required to be adjudicated by Central Administrative Tribunal, New Delhi. In view thereof, petitioners counsel seeks permission to withdraw this petition with liberty to approach the Central Administrative Tribunal, New Delhi to avail of remedies as available in law. In view of aforesaid, this petition and application are dismissed as withdrawn with liberty to petitioners as aforesaid. (SUNIL GAUR) JUDGE JANUARY19 2018 s...


Jan 19 2018

Concept Communications Limited vs.bharat Sanchar Nigam Limited

Court: Delhi

Decided on: Jan-19-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:11. h January, 2018 Pronounced on:19. h January, 2018 CRAYONS ADVERTISING PRIVATE LIMITED ........ Petitioner BHARAT SANCHAR NIGAM LIMITED ..... Respondent versus + O.M.P. (T) (COMM.) 71/2017, IA No.10366/2017 + O.M.P. (T) (COMM.) 79/2017, IA No.11697/2017 CONCEPT COMMUNICATIONS LIMITED ........ Petitioner BHARAT SANCHAR NIGAM LIMITED ..... Respondent versus Appearance : Mr.Jayant Mehta, Mr.Aman Varma, Ms.Ansula and Grover, Mr.Parth Singh Chandhari Mr.Shaurya Kuthila, Advocates for the petitioner. Mr.L.B.Rai, Mr.Sumit Nagpal and Mr.Mohit Kr. Sharma, Advocates for the respondent. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.O.M.P. (T) (COMM.) 71/2017 1. The petitioner has filed this petition (O.M.P. (T) (COMM.) No.71/2017) under Section 15 (2) of the Arbitration and O.M.P. (T) (COMM.) Nos.71 & 79 of 2017 Page 1 of 8 Conciliation Act, 1996 (hereinafter referred as the Act) for declarating the mandate of the sole arbi...


Jan 19 2018

Pawan Kumar vs.union of India and Ors

Court: Delhi

Decided on: Jan-19-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 227/2018 and CM APPL. 927-929/2018 Reserved on:10. 01.2018 Date of decision:19. 01.2018 IN THE MATTER OF: PAWAN KUMAR * + Through:... Petitioner in person. ........ Petitioner UNION OF INDIA AND ORS versus ........ RESPONDENTS Through: Mr. Jasmeet Singh, CGSC CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI HIMA KOHLI, J.1. The petitioner, working on the post of Labour Enforcement Officer (Central) [hereinafter referred to as LEO(Central)]. in the office of respondent No.2/Chief Labour Commissioner (Central) [hereinafter referred to as 'CLC (Central)']. is aggrieved by the judgment dated 21.11.2017 passed by the Central Administrative Tribunal, dismissing O.A. No.3052/2016, filed by him for quashing an order dated 15.01.2016 passed by the respondents/Ministry of Labour and Employment UOI, transferring him from Ranchi to Chennai, his relieving order dated 26.05.2016 as also the order dated 21.06.2016, posting another C...


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