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Delhi Court January 2018 Judgments

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Jan 31 2018

Indian Optometry Federation vs.union of India

Court: Delhi

Decided on: Jan-31-2018

$~25 *IN THE HIGH COURT OF DELHI AT NEW DELHI + CM No.3701/2018 in W.P.(C) 4731/2017 % Date of decision :31. t January, 2018 INDIAN OPTOMETRY FEDERATION ........ Petitioner Through : Mr. Umesh Sharma, Adv. versus UNION OF INDIA ..... Respondent Through : Ms. Mrinalini Sen with Mr. Shatrajit Banerji, Advs. Mr. Anuj Berry, Mr. Malak Bhatt and Ms. Sonali Malih, Advs. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE CM No.3701/2018 1. Issue notice.2. Ms. Mrinalini Sen, learned counsel accepts notice on behalf of respondent no.1. W.P.(C)No.4731/2016 Page 1 of 4 Mr. Anuj Berry, learned counsel accepts notice on behalf of respondent no.2.3. By way of this application, the petitioner seeks restoration of the writ petition which came to be dismissed for default of appearance on 24th July, 2017. Learned counsel for the respondent no.1 submits that the petitioner has made false assertions regarding posting of the dismissa...


Jan 31 2018

Sanatan Dharam Mewat Educational Society vs.all India Council for Tech ...

Court: Delhi

Decided on: Jan-31-2018

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5164/2016 & C.M. Nos.27101/2016 & 25683/2017 SANATAN DHARAM MEWAT EDUCATIONAL SOCIETY Through Mr.Kirti Uppal, Sr. Adv. with Mr.Ravi Datta, Adv. & Mr.Sidharth Chopra, Adv. ..... PETITIONER versus ALL INDIA COUNCIL FOR TECHNICAL EDUCATION Through Mr.Anil Soni, Adv. with Ms.Priyanka ..... RESPONDENT Singh, Adv. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (Oral) 1. Vide the present petition, the petitioner institute has challenged the order dated 30.04.2016 passed by respondent vide which the petitioner was placed under Withdrawal of Approval status w.e.f the academic year 2016-17. During the pendency of the present petition, the respondents had consented to re-visit the petitioner/Institute for inspection, which was then conducted on 10th September, 2016, on which date, the Committee had observed as under:-"* Total land available as per site plan approved by Competent Authority is 5 Acrs. * Infrastructure available is read...


Jan 31 2018

M/S Icici Bank Limited vs.surbhi Gupta

Court: Delhi

Decided on: Jan-31-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :15. h January, 2018 Date of decision :31. t January, 2018 RFA3422015 M/S ICICI BANK LIMITED ..... Appellant Through: Mr. Punit K. Bhalla & Ms. Chetna Bhalla, Advocates. (M-9810080772) versus SURBHI GUPTA Through: None. CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT ..... Respondent Prathiba M. Singh, J.The present appeal arises out of the impugned judgment/order dated 1. 13th February, 2015 by which the suit recovery filed by the Appellant/Plaintiff bank (hereinafter, Plaintiff bank) was dismissed. The primary ground on which the suit had been dismissed was that the Plaintiff bank had failed to file the original loan recall notice dated 10th April, 2014 in the Trial court. for Brief Background The Respondent/Defendant (hereinafter, Defendant) approached the 2. Plaintiff bank for financing of the purchase of a vehicle under loan cum hypothecation scheme for a sum of Rs.6,00,000/-. The Defendant agreed to repay the loan amount in 60 ...


Jan 31 2018

Birjesh @ Birju vs.state

Court: Delhi

Decided on: Jan-31-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : January 31st, 2018 CRL.A. 1275/2013 RAVINDER @ BINDA Through: Mr.R.M. Chaudhary, Advocates. versus ..... Appellant Tufail, Mr.Farooq Ms.Astha, STATE ..... Respondent Through: Ms.Aashaa Tiwari, Additional Public Prosecutor for the State with Sub-Inspector Jeetendra Singh, Police Station Subhash Place, New Delhi. WITH + CRL.A. 1406/2013 KAMAL SAXENA ..... Appellant Through: Mr.K.Singhal and Ms.Sana, Advocates. versus STATE ..... Respondent Through: Ms.Aashaa Tiwari, Additional Public Prosecutor for the State with Sub-Inspector Jeetendra Crl.A.1275/13,1406/13,204/14&4Page 1of 46 Singh, Police Station Subhash Place, New Delhi. WITH + CRL.A.204/2014 BUNTY Through: Mr.Praveen Advocate. versus ..... Appellant Agrawal, STATE OF NCT OF DELHI & ANR. ..... Respondent Through: Ms.Aashaa Tiwari, Additional Public Prosecutor for the State with Sub-Inspector Jeetendra Singh, Police Station Subhash Place, New Delhi. AND + CRL.A. 415/2014 B...


Jan 31 2018

Dominic Simon vs.central Public Information Officer and Anr.

Court: Delhi

Decided on: Jan-31-2018

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8993/2017 DOMINIC SIMON ........ Petitioner Through: Mr Jose Abraham and Mr B. Mathews, Advocates. versus CENTRAL PUBLIC INFORMATION OFFICER AND ANR. Through: Mr Saqib, Advocate. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER3101.2018 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, impugning an order dated 05.05.2017 (hereafter the impugned order) passed by the Central Information Commission (hereafter the CIC), whereby the CIC has rejected the appeals preferred by the petitioner under Section 19(3) of the Right to Information Act, 2005 (hereafter the Act).2. The petitioner also prays for an order: (i) declaring that the International Indian Schools in Saudi Arabia come under the purview of the RTI Act, 2005; and (ii) directing the respondents to disclose the information sought by the petitioner.3. The petitioner was the Chairman of the Managing Committee of W.P.(C) 8993/2017 Page ...


Jan 31 2018

Sohan Lal and Ors vs.union of India and Ors

Court: Delhi

Decided on: Jan-31-2018

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:31. t January, 2018 + W.P.(C) 5428/2015 SOHAN LAL & ORS ........ Petitioners Through: Mr.Rajat Sehgal, Advocate. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr.Harish Kumar Garg and Ms.Puran Kumari, Advocates for respondent no.1/UOI. Standing Mr.Sanjeev Counsel for DDA with Mr.Hem Kumar and Ms.Simmee Kumari, Advocates. Mr.Yeeshu Jain, Standing Counsel for L&B/LAC with Ms.Jyoti Tyagi, Advocate. Sabharwal, 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 filed by the petitioners seeking a declaration that the acquisition proceedings pertaining to 1/3rd share of land comprised in Khasra Nos.581(3-17), 915/583(2-18) measuring 06 bighas and 15 biswas, situated in the revenue estate of Village-Maidan Garhi, NCT of Delhi (hereinafter referred to as the subject land) stands lapsed in view of S...


Jan 31 2018

The National Highways Authority of India vs.afcons-apil Joint Venture

Court: Delhi

Decided on: Jan-31-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP (COMM) 10/2018 Reserved on:23. h January, 2018 Date of decision:31. t January, 2018 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA ........ Petitioner Through: Ms.Pinky Anand, ASG with Mr.Sumit, Mr.Rohit Ms.Madhu, Ms.S.Mehra, Advs. Jain, versus AFCONS-APIL JOINT VENTURE ..... Respondent Through: Mr.Sandeep Sethi, Sr. Adv. with Seshadri, Mr.Ishan Mr.Manu Bisht, Mr.Tanmay Nandi, Advs. 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 14.08.2017 passed by the Arbitral Tribunal. The challenge is confined to the grant of claim No.1 and claim No.3.2. As far as claim No.1 is concerned, it is submitted by the learned Additional Solicitor General (hereinafter referred to as the ASG) that the Engineer while recommending the grant of extension of time for completion of work, had opin...


Jan 31 2018

Bimla vs.l.i.c. & Anr.

Court: Delhi

Decided on: Jan-31-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * % + BIMLA RFA7732005 Decided on:31. 01.2018 ..... Appellant Through: Mr. N.S. Dalal, Mr. Aman Mudgal and Ms. Toral Banerjee, Advs. Versus ........ RESPONDENTS Through: Mr. Kamal Mehta, Adv. L.I.C. & ANR. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. The appellant impugns the judgment dated 20.07.2015 passed by the learned Additional District Judge which dismissed her suit on the ground that there was no concluded contract between the parties to support her claim for benefits apropos the life insurance policy which was taken by her deceased son.2. The facts of the case are that on 13.12.2001, the appellants son - Ravinder Saroha, submitted an Insurance Proposal Form along with a cash deposit of Rs.1,260/- to the Life Insurance Corporation (LIC) against a Proposal Deposit Receipt. The policy opted for by the proposer was to indemnify death by accident as well. The appellant was the sons nominee. RFA7732005 Page 1 of 7 The p...


Jan 31 2018

Veena Sharma vs.raman Monga & Anr.

Court: Delhi

Decided on: Jan-31-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA1582007 & CRL.M.A.1993/2015 (u/s 340 Cr.P.C) 4th January, 2018 Reserved on : Date of decision :31. t January, 2018 VEENA SHARMA Through: Mr. D.K. Rustagi & Mr. Mayank ..... Appellant Rustagi, Advocates. Appellant in person versus RAMAN MONGA & ANR. ....... RESPONDENTS Through: Mr. Sandeep Khurana, Mr. Mohit Gupta, Mr. Divij Soni and Ms. Seemab Ali Fatima, Advocates for R CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh J., The present appeal arises out of the final judgment/decree dated 24th 1. May, 2006 by which, the learned Additional District Judge rejected the Appellants prayer for specific performance and directed refund of Rs.12,00,000/- (Rupees Twelve Lakhs) with costs and interest @ 6% per annum. Brief Background 2. (hereinafter The Appellant/Smt. Veena Sharma was the Plaintiff in the suit Plaintiff) Respondent No.1/Mr. Raman Monga was RFA1582007 Page 1 of 27 Defendant No.1 in the suit (hereinafter `D1) and Respondent...


Jan 31 2018

Sanjeev Sharma vs.avinash Rastogi

Court: Delhi

Decided on: Jan-31-2018

$~OS-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:31. 01.2018 CS(COMM) 1205/2016 and IA No.11676/2017 SANJEEV SHARMA ..... Plaintiff Through Mr.Manish Dua and Mr.Deepak versus Sahni, Advs. AVINASH RASTOGI ..... Defendant Through Ms.Mrinmoi Chatterjee and Mr.Varun Mishra, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This suit has been filed under Order 37 CPC against the defendant for recovery of Rs.3,30,00,000/- based on an agreement/letter dated 06.07.2013 and dishonoured post dated cheques.2. It is the contention of the plaintiff as stated in the plaint that a company, namely, Baxter India (P) Ltd. (BIPL) approached it to offer distributorship for the sale of Haemodialysis Machines and Haemodialysis Consumables in North India. The defendant is said to have placed various purchase orders for a total sum of Rs.5,74,31,168/- in the year 2012-13. After adjusting payment received, it is stated that the defendant was liable to pay a sum of Rs.3,...


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