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Delhi Court January 2018 Judgments

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Jan 18 2018

M/S Saisudhir Energy Limited vs.m/s Ntpc Vidyut Vyapar Nigam Limited

Court: Delhi

Decided on: Jan-18-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO (OS) No.275/2016 Reserved on :16. h October, 20 18th January, 2018 Date of decision NTPC VIDYUT VYAPAR NIGAM LIMITED ..... Appellant Through Mr. Vikas Singh, Sr. Advocate with Mr. Bharat Sangal, Ms. Anindita Deka& Ms. Isha Gupta, Advocates. Versus M/S SAISUDHIR ENERGY LIMITED ..... Respondent Through Mr. C. Mohan Rao & Mr. Lokesh Kumar Sharma, Advocates. FAO (OS) No.281/2016 M/S SAISUDHIR ENERGY LIMITED ..... Appellant Through Mr. C. Mohan Rao & Mr. Lokesh Kumar Sharma, Advocates. Versus M/S NTPC VIDYUT VYAPAR NIGAM LIMITED ..... Respondent Through Mr. Vikas Singh, Sr. Advocate with Mr. Bharat Sangal, Ms. Anindita Deka& Ms. Isha Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA FAO (OS) Nos. 275/2016&281/2016 Page 1 of 30 SANJIV KHANNA, J.: NTPC Vidyut Vyapar Nigam Limited has filed FAO(OS) 275/2016, under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 10 of the Delh...


Jan 18 2018

Riehen Infosolutions Private Limited vs.north Delhi Municipal Corporat ...

Court: Delhi

Decided on: Jan-18-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. 07.2017 Pronounced on:18. 01.2018 + W.P.(C) 7135/2016 & C.M. APPL.29365/2016 RIEHEN INFOSOLUTIONS PRIVATE LIMITED.... Petitioner NORTH DELHI MUNICIPAL CORPORATION .... Respondent versus Through: Sh. Rajesh Gupta with Sh. Harpreet Singh, Advocates, for the petitioners. Ms. Mini Pushkarna, Standing Counsel with Ms. Vasundhara Nayyar and Ms. Anushruti, Advocates, for NDMC. Ms. Renu Jagdev, A ddl. Commissioner, NDMC. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P. GARG MR. JUSTICE S. RAVINDRA BHAT % 1. The writ petition is dismissed without any order as to costs. For detailed judgment, the decision dated 18.01.2018 in W.P.(C) 5891/2016 may be referred to. JANUARY18 2018 S. RAVINDRA BHAT (JUDGE) S.P. GARG (JUDGE) W.P.(C) 7135/2016 Page 1 of 1...


Jan 18 2018

Manjula Sodhi & Ors vs.state of Nct of Delhi & Ors.

Court: Delhi

Decided on: Jan-18-2018

$~17 *IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS)No.7/2018 and CM No.1592/2018 % Date of decision :18. h January, 2018 MANJULA SODHI & ORS ..... Appellants Through : Mr. Pavan Duggal, Adv. versus STATE OF NCT OF DELHI & ORS ........ RESPONDENTS Through : None. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 By way of the instant appeal, the appellants assail the order dated 29th November, 2017 passed by the ld. Single Judge in IA No.5552/2017 (under Order VII Rule 14 of the CPC) in Testamentary Case No.22/2009, whereby the original Will dated 7th June, 1991, filed by the respondent no.2, has been permitted to be taken on record.2. We have heard Mr. Pavan Duggal, ld. counsel for the appellants, who appears for the appellants herein (respondent nos.2 to 4 in the probate case.) 3. It appears that Ms. Nalini Lal (respondent no.2 herein) had filed FAO(OS)No.7/2018 Page 1 of 6 a petition seeking grant of prob...


Jan 18 2018

Sukhdev vs.yashwant Kumar Bhardwaj & Ors

Court: Delhi

Decided on: Jan-18-2018

$~ 2 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :-"18th January, 2018 Through: Mr. S. Khan, Advocate. ........ Petitioner C.R.P. 109/2015 SUKHDEV + CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) versus YASHWANT KUMAR BHARDWAJ & ORS........ RESPONDENTS Through: Mr. Tarun Chandiok, Advocate for R-4 to 8.1. The respondents herein had instituted a civil suit against the petitioner seeking the relief of permanent injunction describing the subject property as plot bearing khasra No.649 situate in abadi deh indicating it to be falling within the lal dora of village Dabri, Delhi. They claimed to be the owner of the subject land and alleged threats of dispossession by the petitioner herein (defendant in the suit), the prayer being restricted to relief of permanent injunction against interference in the peaceful enjoyment of the said property. The copy of the written statement submitted by the petitioner, as defendant in the suit, reveals that he denied that the respondents (the plain...


Jan 18 2018

Ashutosh Gautam vs.jitender Khanna and Anr

Court: Delhi

Decided on: Jan-18-2018

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10649/2017 & C.M. No.43615/2017 (stay) ASHUTOSH GAUTAM ........ Petitioner Through: Mr. M.K. Bhardwaj, Advocate. versus JITENDER KHANNA AND ANR. Through: Respondent No.1 in person. Mr. Rajeev Kumar Sharma, Advocate for R-2. ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % ORDER1801.2018 1. The petitioner, who was working on the post of an Assistant Legal Advisor (hereinafter referred to as the ALA) with the respondent No.2/ICAR, has challenged the judgment dated 31.10.2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in an Original Application filed by the respondent No.1, for seeking quashment of the Memorandum dated 24.8.2016 whereby, the respondent No.2/ICAR had rejected his application objecting to the provisional seniority list prepared in the grade of the ALA, as circulated on 14.11.2014 on the ground that his name had wrongly been placed below that of...


Jan 18 2018

Honshu Buildcon Private Limited vs.north Delhi Municipal Corporation

Court: Delhi

Decided on: Jan-18-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. 07.2017 Pronounced on:18. 01.2018 + W.P.(C) 5891/2016 & C.M. APPL.24246/2016 HONSHU BUILDCON PRIVATE LIMITED .... Petitioner versus NORTH DELHI MUNICIPAL CORPORATION .... Respondent + W.P.(C) 7135/2016 & C.M. APPL.29365/2016 RIEHEN INFOSOLUTIONS PRIVATE LIMITED.... Petitioner NORTH DELHI MUNICIPAL CORPORATION .... Respondent versus Through: Sh. Rajesh Gupta with Sh. Harpreet Singh, Advocates, for the petitioners. Ms. Mini Pushkarna, Standing Counsel with Ms. Vasundhara Nayyar and Ms. Anushruti, Advocates, for NDMC. Ms. Renu Jagdev, Addl. Commissioner, NDMC. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P. GARG MR. JUSTICE S. RAVINDRA BHAT % Facts and Contentions 1. The writ petitions [W.P.(C) 5891/2016 and W.P.(C) 7135/2016]. relate to similar issues and will be dealt with as connected matters. The brief facts and issues arising from these writs are as follows.2. Honshu Buildcom Private Limited (Honshu) is a ...


Jan 18 2018

Dr. V. Murali vs.union of India & Ors

Court: Delhi

Decided on: Jan-18-2018

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6503/2016 & CM No.26624/2016 % Date of Decision:18. h January, 2018 DR. V. MURALI ........ Petitioner Through: Mr. Animesh Kumar, Adv. versus UNION OF INDIA & ORS ..... Respondent Through: Mr. Manish Mohan, CGSC with Ms. Manisha Saroha, Adv. for R-1. Mr. Vikas Singh, Sr. Adv. with Mr. Gaurav Sharma, Adv. for R-2. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This writ petition, claiming to have been filed in public interest, challenges the appointment of the respondent no.4 as the Secretary of the Dental Council of India (respondent no.2) effected by way of Notification no.AE-151(I)-2016/3258 dated 29th June, 2016 on the ground that it has effected the appointment of the respondent no.4 without seeking prior permission of the Central Government in accordance with statutory provisions.2. The respondent nos. 1 and 2 were represented on advance notice and...


Jan 18 2018

Inderjit Badhwar vs.m/s Tara Press & India Research Press

Court: Delhi

Decided on: Jan-18-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Reserved on:08. h January, 2018 Pronounced on:18. h January, 2018 ARB.P. 684/2017 INDERJIT BADHWAR ........ Petitioner Through : Mr.Jagdish Sagar, Advocate. versus M/S TARA PRESS & INDIA RESEARCH PRESS ..... Respondent Through : Mr.M.L.Mahajan, Advocate. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. The petitioner has filed this petition under Section 11 (5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act) for appointment of an arbitrator.2. Undisputedly, the petitioner and respondent had entered into a publishing agreement dated 23.11.2001 whereby the petitioner assigned certain rights in respect of the literary work written by the petitioner. The copy of the publishing agreement is annexed with the petition and clause No.26 thereof notes as under:-"the case of any disputes or 26. In the parties differences arising between hereto relating to this Agreement or any matter arising incidental th...


Jan 18 2018

Kela Devi and Ors. Vs.union of India and Ors

Court: Delhi

Decided on: Jan-18-2018

$~R-42 * % + W.P.(C) 7392/2017 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:18. h January, 2018 KELA DEVI & ORS. ........ Petitioners Through: Mr. Arun Kumar Kaushik, Advocate. versus UNION OF INDIA AND ORS ........ RESPONDENTS Through: Mr. Siddharth Panda, Advocate for LAC/L&B. 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 the India filed by fourteen petitioners seeking a declaration that the acquisition proceedings in respect of the petitioners land i.e. 1/8th share in the land comprise in Khasra No.20(01-00), 207 Min. (00-15), 20(00-16, 209 (03-15) and 210 (02-08) total measuring 8 Bigha 14 Biswas situated in the revenue estate of village Kotla Mahigram, Tehsil Mehrauli, Delhi (hereinafter referred to as Subject Land) stand lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resett...


Jan 18 2018

Kendriya Vidyalaya Sangathan vs.praveen Kumar

Court: Delhi

Decided on: Jan-18-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: January 11th, 2018 Pronounced on: January 18th, 2018 + W.P.(C) 16146/2004 KENDRIYA VIDYALAYA SANGATHAN ........ Petitioner Through: Mr. Rajappa, Adv. versus PRAVEEN KUMAR ..... Respondent Through: Mr.N.D. Pancholi, Adv. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR % JUDGMENT C. HARI SHANKAR, J.1 Praveen Kumar, who was employed as a watchman with the petitioner-Kendriya Vidalaya Sangahthan (hereinafter referred to as KVS) since 29th October 1982 raised an industrial dispute, contending that his services had been unjustly terminated, by the KVS, on 23rd May 1992. The Ministry of Labour referred the said dispute, for adjudication, to the Industrial Tribunal (hereinafter referred to as the Tribunal), vide letter dated 05th September 1997. The term of reference read thus: Whether the action of the management of Kendriya Vidyalaya Sangathan in terminating the services of Sh. Praveen Kumar, Watchman, Kendriya Vidyalaya at NTPC, Badarpur, ...


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