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Delhi Court October 2018 Judgments

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Oct 29 2018

Asim Kumar Mondal vs.m/s Escorts Limited & Ors.

Court: Delhi

Decided on: Oct-29-2018

$~19 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. h October, 2018 O.M.P. (COMM) 105/2017 ASIM KUMAR MONDAL ........ Petitioner Through: Mr. J.S. Kanwar and Mr. V. K. Pandey, Advocates. (M:9871949697) versus M/S ESCORTS LIMITED & ORS. ........ RESPONDENTS Through: Mr. P. R. Sikka and Mr. Amet Sikka, Advocates for R-1. (M:98110545612) CORAM: JUSTICE PRATHIBA M. SINGH The present petition under Section 34 of Prathiba M. Singh, J.(Oral) 1. the Arbitration and Conciliation Act, 1996 has been filed challenging award dated 1st November, 2011 passed by the learned Sole Arbitrator. Learned counsel for the... Petitioner submits that the award was passed ex-parte as the counsel for the... Petitioner had stopped appearing. This Court has perused the impugned award. It is a wholly unreasoned award. The entire section of the award on `Findings is set out below: FINDINGS1 Claimant has claimed Rs.66,00,000/- together with pendentalite and future interest. This Tribunal has gone thr...


Oct 29 2018

Kishore Kumar vs.high Court of Delhi

Court: Delhi

Decided on: Oct-29-2018

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of judgment:29. 10.2018 W.P.(C) 9425/2018 & CM APPL. 36529-36530/2018, 40992/2018 KISHORE KUMAR ........ Petitioner Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. Tarun Chandiok, Adv. versus HIGH COURT OF DELHI ..... Respondent Through: Mr. Rajshekhar Rao, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K.CHAWLA S.RAVINDRA BHAT, J.1. The Delhi Higher Judicial Service Preliminary Examination was held on 20.05.2018; the Delhi High Court establishment (hereafter DHC) on 05.06.2018 declared the result. Before that, it published the model answer key on 22.05.2018 and invited objections/comments. Based on these, the revised model key was published on 04.06.2018; based on it, the results were compiled and declared. The petitioner seeks quashing the list of shortlisted candidates notified by DHC on 28.08.2018 and further enjoin it to issue a revised Roll number wise result as well as the (fresh) list of the qualifie...


Oct 29 2018

Iilm Academy of Higher Learning vs.jbg Buildcon Pvt Ltd

Court: Delhi

Decided on: Oct-29-2018

$~37 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29th October, 2018 IILM ACADEMY OF HIGHER LEARNING O.M.P. 644/2011 ........ Petitioner Through: Mr. Samrat Nigam, Mr. Sandeep Mittal & Ms. Rekha, Advocates (M- 9560952425). versus JBG BUILDCON PVT LTD ..... Respondent Through: Mr. Sandeep Sharma, Mr. Aman Dhyani & Mr. Nilesh Deep, Advocates (M-9717464364). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) The present petition under Section 34 has been filed challenging the 1. award dated 13th May, 2011 passed by the Learned Sole Arbitrator who was appointed by this Court vide order dated 8th September, 2006.2. The brief background is that the Respondent is a contractor who was awarded a contract for construction of building of IILM campus at plot No.16, Knowledge Park-II, Greater Noida, U.P. The Learned Arbitrator had, on 9th September, 2006, pursuant to the directions of this Court, conducted joint measurements and recorded the same, in the presence of the pa...


Oct 29 2018

Jai Narain & Anr vs.rajender Singh & Others

Court: Delhi

Decided on: Oct-29-2018

$~5 & 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. h October, 2018 ARB.P. 35/2014 + + JAI NARAIN & ANR ........ Petitioners Through: Mr. Rishi Kumar proxy counsel for Advocate. Rajesh Rai, Mr. (M:9718844435) versus RAJENDER SINGH & ORS ........ RESPONDENTS Through: Mr. Sanat Kumar, Senior Advocate with Mr. Vinayak Batta and Mr. Sunil Kumar Jha, Advocates for R-1 to 3 and 5 to 7. (M:9873980084) AND O.M.P. 995/2013 & I.A. 17925/2014 JAI NARAIN & ANR ........ Petitioners Through: Mr. Rishi Kumar proxy counsel for Advocate. Rajesh Rai, Mr. (M:9718844435) versus RAJENDER SINGH & OTHERS ........ RESPONDENTS Through: Mr. Sanat Kumar, Senior Advocate with Mr. Vinayak Batta and Mr. Sunil Kumar Jha, Advocates for R-1 to 3 and 5 to 7. (M:9873980084) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present petitions, one under Section 9 of the Arbitration & ARB.P. 35/2014 & O.M.P. 995/2013 Page 1 of 11 Conciliation Act, 1996 (hereinafter, the Act) and the se...


Oct 29 2018

M/S Vardhman Creation vs.yogender Prasad

Court: Delhi

Decided on: Oct-29-2018

$~11 *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h October, 2018 + W.P.(C) 3519/2014 & CM APPL.7197/2014 (stay) % 1. M/S VARDHMAN CREATION Through: Mr.Mahesh Srivastava, Adv. ........ Petitioner versus YOGENDER PRASAD ..... Respondent Through: Mr.Rama ShankarYadav, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) The petitioner Vardhman Creation is the proprietorship of Ms. Amita Jain, who is the wife of Mr. Rakesh Jain.2. This writ petition, at the instance of M/s Vardhman Creations, assails the Award, dated 8th August, 2011, passed by the Labour Court in ID No.7(Unique Case ID no 02402C0348102008).3. The Award was passed, consequent to reference, by the Secretary (Labour), Govt. of NCT of Delhi, to the Labour Court, on 24th April, 2008. The term of reference reads thus: Whether services of Sh. Yogender Prasad S/o Sh. Khedaru Prasad have been illegally and/or unjustifiably terminated by the management; and if yes, to what relief is he entitled?. W.P.(C...


Oct 29 2018

Farhana vs.state & Ors.

Court: Delhi

Decided on: Oct-29-2018

$~ IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (CRL). 1599/2018 Judgment reserved on 25th October, 2018 Judgment pronounced on 29th October, 2018 FARHANA ........ Petitioner Through: Mr. M.M. Kashyap, Advocate versus STATE & ORS. ........ RESPONDENTS Through: Mr. Rahul Mehra, Standing Counsel (Crl.) with Mr. Chaitanya Gosain & Mr. Tushar Sannu, Advocates for State with SI Rajender Singh, DIU/N.B. Distt. CORAM: HONBLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J (Oral).1. The present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking issuance of a Writ of Habeas Corpus/ Direction against the respondents.2. The brief facts which led to the filing of the present petition as per the petitioner are that the petitioner /Mrs. Farhana was married to one Fawaz as per muslim rites and customs on 26.10.2013 and out of the wedlock one girl child/Mannat was born on 15.01.2015. On 20.06.2017, the gi...


Oct 29 2018

South Delhi Municipal Corporation vs.friends of Rajouri Gardan Envirom ...

Court: Delhi

Decided on: Oct-29-2018

+ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29th October, 2018 % LPA6152018, CAV9902018 and CM Nos. 45099-45101/2018 SOUTH DELHI MUNICIPAL CORPORATION Through: Mr. Sanjay Poddar, Sr. Adv. with ..... Appellant Ms. Ruchi Jain and Mr. Govind Kumar, Advs. versus FRIENDS OF RAJOURI GARDAN ENVIROMNET (REGD.) AND ANR. ........ RESPONDENTS Through: Ms. Aastha Dhawan, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) CAV9902018 Since learned counsel for the caveator is present. Caveat stands discharged. CM Nos. 45100/2018 & 45101/2018 (for exemption) Exemption allowed, subject to all just exceptions. Applications stand disposed of. LPA6152018 1. This appeal has been filed by the appellant challenging the order dated September 24, 2018 passed by the learned Single Judge LPA6152018 Page 1 of 3 directing the appellant herein to maintain the status quo in respect of the subject land.2. Mr. Sanjay Poddar, learned Senior Counsel appea...


Oct 29 2018

Paardarshita Public Welfare Foundation (Ngo) vs.commissioner South Del ...

Court: Delhi

Decided on: Oct-29-2018

$~38 & 40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5023/2015 & CM APPL.2148/2018, 2149/2018 PAARDARSHITA PUBLIC WELFARE FOUNDATION (NGO) ........ Petitioner Das Through: Mr.Harkrishan Nijhawan, General Secretary of the petitioner in person. versus COMMISSIONER SOUTH DELHI MUNICIPAL CORPORATION & ORS ........ RESPONDENTS Through: Mr.Gautam Narayan, ASC for for for GNCTD with Ms.Shivani Vij, Mr.Mahamaya Chatterjee, Mr.Nitish Kumar and Mr.Manish Dua, Advocates for respondent. Mr.Jagdish Sagar, Advocate for R-3. Mr.B.S.Dhir and Ms.Yashika Vij, Advocates for respondent/DDA. Ms.Eshita Baruah, Adv. Mr.Gaurang Kanth, Advocate respondent/SDMC. Mr.Rajneesh Vats, SC and Mr.Tushar Sannu, Adv. for respondent/NDMC. SI Vinod Dabas from Transport Department. SI Jagmeshwar Dayal, Parvi Officer (Traffic) and (Traffic) Rajender Kumar, TI, R.K.Puram. Mr.Ajay Arora and Mr.Kapil Dutta, Advocates respondent/North DMC. Mr.Satish Dahiya, ACP, Ved Prakash Jha, T.I., Karol Bagh Circle, Kaushal Pandey,...


Oct 29 2018

Vivekananda Institute of Professional Studies vs.govt. Of Nct and Anr.

Court: Delhi

Decided on: Oct-29-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:03. 07.2018 Pronounced on:29. 10.2018 + W.P.(C) 3420/2016, C.M. APPL. 14626/2016, 19283/2018 & 23948/2018 VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES..Petitioner Through: Sh. Parag. P. Tripathi, Sr. Advocate with Ms. Ekta Sikri, Ms. Mishika Bajpai and Ms. K. Gayatri, Advocates. Versus GOVT. OF NCT AND ANR. .Respondents Through: Sh. Devesh Singh, ASC (Civil) with Ms. Sukriti Ghai, Advocate, for GNCTD. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT % 1. The... Petitioner (hereafter VIPS) challenges the constitutional validity and vires of the proviso to Section 13 of the Delhi Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non- Exploitative Fee and Other Measures to Ensure Equity and Excellence) Act, 2007 (the "Act"), enacted by the Legislative Assembly of the National Capital Territory of Delhi. Also, Rule 8 (2) (a)...


Oct 29 2018

Neety Gupta vs.usha Gupta & Ors

Court: Delhi

Decided on: Oct-29-2018

$~13. * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: NEETY GUPTA ..... Appellant Through: Ms. Shashi Kiran, Advocate with Appel- lant-in-person. Versus USHA GUPTA & ORS ........ RESPONDENTS Through: Mr. Harsh Peechara, Advocate with Re- spondent No.4 in person. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI ANUP JAIRAM BHAMBHANI, J.: CM No.10772/2017 As the appeal is barred by limitation, the appellant has filed an appli- cation praying for condonation of delay of 382 days. In the application it is stated that the appellant had filed Review Application RA No.146/2016 seeking review of order dated 28th January, 2016. This review application was disposed of by the single Judge vide order dated 17th February, 2017 as having been withdrawn with liberty to file an appeal against the impugned order. Referring to the decision of a single Judge of this Court in Sita FAO(OS)81/2017 Page ! 1 of ! 13 Kashyap & Anr vs. Harbans Kashyap & Others, 18...


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