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Delhi Court January 2018 Judgments

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Jan 19 2018

M/S Deepak Enterprises vs.union of India & Ors

Court: Delhi

Decided on: Jan-19-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:19. 01.2018 + W.P.(C) 5935/2017 & CM No.42082/2017 M/S DEEPAK ENTERPRISES versus UNION OF INDIA & ORS Advocates who appeared in this case: ........ Petitioner ........ RESPONDENTS :Mr Monish Panda and Mr Mrinal Bharat Ram. :Mr Sanjiv Narula, CGSC with Mr Abhishek Ghai. For the... Petitioner For the... RESPONDENTS CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J JUDGMENT1 The petitioner has filed the present petition, inter alia, impugning orders dated 05.06.2013, 23.01.2014 and 28.08.2014 (hereafter collectively referred to as the impugned orders) rejecting the petitioners claim for refund of Terminal Excise Duty (TED) for supplies made by the petitioner to 100% Export Oriented Units (100% EOUs) during the period January, 2012 to April, 2013.2. The petitioner has also impugned the minutes of the meeting of the Policy Interpretation Committee held on 04.12.2012, inter alia, seeking to clarify that refund of CENVAT credi...


Jan 19 2018

Rati Ram vs.govt of Nct of Delhi and Ors.

Court: Delhi

Decided on: Jan-19-2018

$~18 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:19. h January, 2018 + W.P.(C) 12158/2015 RATI RAM ........ Petitioner Through: Mr. Sunil K. Goel and Mr. Lalit K. Rawal, versus Advocates. GOVT OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Mr. Yeeshu Jain, Standing Counsel for L&B/LAC with Ms.Jyoti Tyagi, Advocate. Mr. Arun Birbal with Mr.Sanjay Singh, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. At the outset, learned counsel for the petitioner clarifies that the petitioner is alive and the present petition has been filed by him.2. The petitioner has filed the present writ petition under Article 226 of the Constitution of India, the petitioner seeks a declaration that land in Khasra No.47(15-5), 48(01-00) and 49(12-19) total area 29 bighas 4 biswa (1/12th share measuring 2 Bigha 9 Biswa) situated in the Revenue Estate of Village Ghonda Gujaran Khadar, Shahdara, Delhi stands lapsed in...


Jan 19 2018

Shilpa Jain vs.govt of Nct of Delhi and Ors

Court: Delhi

Decided on: Jan-19-2018

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 668/2016 SHILPA JAIN Date of Judgment:19. h January, 2018 ........ Petitioner Through: Mr.B.S.Maan and Mr.Vishal Maan, Advocates. versus GOVT OF NCT OF DELHI AND ORS ........ RESPONDENTS Through: Ms.Ruchika Rathi, Advocate for respondent/LAC/L&B. Mr.Dhanesh Relan, Standing Counsel for respondent/DDA. Mr.Kamal Sharma, Advocate respondent. for 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. The petitioner seeks a declaration that the acquisition proceedings in respect of total land measuring 3 bighas and 6 biswas i.e. property bearing no.553 measuring 2 bighas and 6 biswas in Khasra Nos.18/12/2/(1-5) and 19/2/(1-1) and property bearing no.553- B measuring 1 bigha in Khasra no.18/12/2/(0-12) and 19/2/(0-8) situated in the revenue estate of village Najafgarh, New Delhi (hereinafter referred to as the subject...


Jan 18 2018

Chhatar Pal vs.state

Court: Delhi

Decided on: Jan-18-2018

$~4, 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 360/2002 + CHHATAR PAL Through: Ms. Neha Kapoor, Advocate. ..... Appellant STATE PAPPU STATE versus Through: Ms. Kusum Dhalla, APP. ..... Respondent and CRL.A. 721/2002 Through: Ms. Neha Kapoor, Advocate. ..... Appellant versus Through: Ms. Kusum Dhalla, APP. ..... Respondent CORAM: JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA ORDER1801.2018 % Dr. S. Muralidhar,J.:1. These appeals are directed against the impugned judgment dated 5th February 2002 passed by the learned Additional Sessions Judge (ASJ) in Sessions Case No.220/1999 arising out of FIR No.104/1999 convicting Crl.A. 360/2002 & 721/2002 Page 1 of 14 the two Appellants, Chhatar Pal (A-1) and Pappu (A-2), under Section 302 read with Section 34 of the Indian Penal Code (IPC) and the order on sentence dated 6th February 2002 whereby for the aforementioned offences each of them was sentenced to imprisonment for life along with a fine of Rs.5,000/- and, in default of payment of s...


Jan 18 2018

Mohan Lal vs.union of India & Ors.

Court: Delhi

Decided on: Jan-18-2018

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2710/2017 MOHAN LAL Through: Mr. Ankur Chhiber, Advocate. ........ Petitioner versus UNION OF INDIA & ORS. Through: Ms. Shiva Lakshmi, CGSC and Ms. Mahima Singh Gaur, Advocate. ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HONBLE MS. JUSTICE REKHA PALLI % ORDER1801.2018 1. The petitioner has filed the present petition praying inter alia for issuance of a writ of certiorari for quashing the order dated 09.1.2016, the Signals dated 28.5.2013 and 03.7.2013 whereby he has been denied the benefits under the Second ACP Scheme.2. Vide order dated 09.1.2016, the respondent/CRPF had informed the petitioner that he had not been granted the Second ACP on completion of 24 years of service in the Force for the reason that he had expressed his unwillingness to undergo the pre-promotional course for promotion to the rank of Sub-Inspector. W.P.(C) 2710/2017 Page 1 of 3 3. Learned counsel for the petitioner states that the date on whi...


Jan 18 2018

Nirmal Devi vs.poonam & Ors

Court: Delhi

Decided on: Jan-18-2018

$~15 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. h January, 2018 CM(M) 391/2016 NIRMAL DEVI ........ Petitioner Through: Mr. J.C. Mahindro, Advocate versus POONAM & ORS ........ RESPONDENTS Through: Respondent no.1 in person CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner admittedly is the landlady qua the respondents in respect of the demised premises described as property bearing no.L- 26/8, Laxmi Nagar, Delhi-110 092. It appears the premises were let out initially in the name of Mr. Kamal Kumar at the agreed monthly rent of Rs.400/-. Mr. Kamal Kumar having died on 15.02.2005, the respondents have stepped into his shoes and have become the tenants under the petitioner.2. The petitioner issued a legal notice on 07.08.2007, through counsel, demanding payment of arrears of rent, inter alia, stating that by virtue of the discretion vested in him under Section 6A of Delhi Rent Control Act, 1958, he was entitled to increase the rent. He also alleged that ...


Jan 18 2018

Sanjeev Sarin vs.rita Wadhwa & Anr.

Court: Delhi

Decided on: Jan-18-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SANJEEV SARIN CS(OS) No.140/2008 18th January, 2018 Through: Mr. Nimit Mathur, Advocate ..... Plaintiff versus RITA WADHWA & ANR. ..... Defendants Through : Mr. S. K. Gandhi, Advocate with Ms. Manjula Gandhi, Advocate for D-1. Ms. Sonam Anand, Advocate for D-2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) I.A. 13506/2017 (u/O XXXIX R-10 r/w S151CPC) 1. This is an application filed by the legal heir/wife of the deceased defendant no.2 under Order XXXIX Rule 10 CPC seeking a direction that the defendant no.1 should pay pendente lite charges for use and occupation of the suit property and which direction prayed is that the same direction be passed as passed on 07.08.2013 by a Division Bench of this Court in an appeal FAO(OS) No.94/2013 filed against the order of a learned Single Judge of this Court dated CS(OS) No.140/2008 Page 1 of 7 26.11.2012 by which the application filed by th...


Jan 18 2018

Dr Parmod Kumar Dhailwal vs.gnct of Delhi and Ors

Court: Delhi

Decided on: Jan-18-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 18, 2018 W.P.(C) 9136/2016 & CM465522017 DR PARMOD KUMAR DHAILWAL versus Through: Mr. Sourabh Ahuja, Advocate ........ Petitioner GNCT OF DELHI AND ORS .....Respondents Through: Mr. Gaurav Varma, Advocate with Mr. Rajesh Tanwar, Office Superintendent, for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1.... Petitioner was working as Deputy Director (Administration) with respondent No.2-Sansthan on contract basis. After the contractual period was over, vide impugned order of 29th April, 2016 (Annexure-1 colly.) his term was not extended.... Petitioners prayer for extension of his contractual employment was turned down by respondent No.2-Sansthan vide order of 27th May, 2016 (Annexure-1 colly.). No reason has been given for not extending the contractual employment of petitioner in impugned letter of 27th May, 2016. However, during the pendency of this petition, respondent has issued Advertisement of 26...


Jan 18 2018

Chandan Kumar Singh vs.union of India & Ors

Court: Delhi

Decided on: Jan-18-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~8 * + W.P.(C) 6203/2017 CHANDAN KUMAR SINGH Through: Major K.Ramesh, Advocate ........ Petitioner versus UNION OF INDIA & ORS CORAM: HONBLE MS. JUSTICE HIMA KOHLI HONBLE MS. JUSTICE REKHA PALLI ........ RESPONDENTS Through: Mr.Bhagvan Swarup Shukla, CGSC with Mr.Kamaldeep & Mr.Suraj Kumar, Advocates for UOI ORDER1801.2018 The petitioner has filed this petition praying inter alia for quashing % 1. and setting aside the letter dated 21.06.2017, issued by the respondents, rejecting his request for another medical examination, with regard to his disability of squint & colour blindness on the ground that no such procedure of conducting another medical examination after declaring him unfit by the Specialist after a review at the Military Hospital and in terms of the given policy. The petitioner also seeks directions to the respondents to have him re-examined at the Army R & R Hospital, Delhi for the disabilities on which he has been declared unfit by...


Jan 18 2018

Union of India vs.bs Sangwan

Court: Delhi

Decided on: Jan-18-2018

$~1 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:18. h January, 2018 FAO(OS) (COMM) 4/2018 UNION OF INDIA ..... Appellant BS SANGWAN Through: Mr.N. Prashant Kumar Nair, Adv. versus Through: Mr.S.W. Haider, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. This is an appeal filed under Section 37 (1) (C) of Arbitration and conciliation Act, 1996 read with Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 for setting aside the judgment dated 05.09.2017 as well as the impugned arbitration award dated 21.01.2017.2. The necessary facts as noticed by the learned Single Judge are as under :-"2. The respondent was awarded P.Way linking and other allied works between Rewari to Rohtak section on 29.01.2009 for Rs.5,40,11,614/-. Fifteen months time was allowed for completion of work which was to expire on 28.4.2010. Various exten...


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