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Delhi Court October 2018 Judgments

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Oct 29 2018

Jai Narain & Anr vs.rajender Singh & Ors

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

Mrs. Rajvir Kaur vs.state of Nct of Delhi

Court: Delhi

Decided on: Oct-29-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h October, 2018 + CRL.M.C. 2986/2018 & Crl.M.A.10530/2018 (stay) MRS. RAJVIR KAUR ........ Petitioner Through: Mr.Vivek K. Thakur with Mr.Devender Singh Thakur and Mr.Rajat Dhillon, Advs. versus STATE OF NCT OF DELHI ........ RESPONDENTS Through: Mr.Mukesh Kumar, APP for the State. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The present petition under section 482 of the Cr.P.C seeks quashing of F.I.R No.0136/2016 under Section 25 of the Arms Act, 1959 registered at PS IGI Airport, New Delhi and all criminal proceedings emanating therefrom.2. The facts emerging from the record are that the petitioner who is the wife of one Mr. Jaswant Singh, was travelling to Canada via Hong Kong by Cathay Pacific Airlines Flight No.CX-694 on 09.04.2016, when during the screening of her baggage, it transpired that the same contained some live ammunition. A physical search of the petitioners Crl.M.C. 2986/2018 Page 1 of...


Oct 29 2018

Pankaj Dayal vs.yogesh Gupta & Anr

Court: Delhi

Decided on: Oct-29-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % PANKAJ DAYAL OMP(COMM) No.449/2018 29th October, 2018 Through: ........ Petitioner Mr. Manoj Arora, Advocate (9811038641), Mr. Siddharth Shankar, Ms. Pallavi and Ms. Daksha Arora, Advocates YOGESH GUPTA & ANR. versus ........ RESPONDENTS Through: Mr. Manish Sharma, Mr. Krish Gandhi, Mr. Nivad Dogra and Mr. Singh, Advocates (9810105226) Pranay Raj CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) I.A.Nos. 114783/2018 (delay in filing of 10 days) &14784/2018 (delay in re-filing of 127 days) There is no opposition to these applications which are therefore allowed. IAs stand disposed of. OMP(COMM)449/2018 Page 1 of 10 I.A.No.14782/2018 (Exemption from filing true copies of dim Annexures) Exemption allowed and clear copies of the dim Annexure be now filed. I.A stands disposed of. OMP(COMM) No.449/2018 1. This is a petition under Section 34 of the Arbitration and Conciliation Act, 1996. Th...


Oct 29 2018

University of Delhi vs.union of India & Ors

Court: Delhi

Decided on: Oct-29-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: October 04, 2018 Judgment delivered on: October 29, 2018 + LPA892018, CM Nos. 8651/2018, 8654/2018, 8655/2018, 26300/2018 & 41259/2018 UNIVERSITY OF DELHI Through: Mr. Ramji Srinivasan, Sr. Adv. ..... Appellant and Mr. Dayan Krishnan, Sr. Adv. with Mr. Mohinder J.S. Rupal, Mr. Anurag Ojha, Mr. Prasanna S.,Mr.Prang Newmai, Ms. Slomita Rai and Mr.Bunmeet Singh Grover, Advs. versus UNION OF INDIA & ORS Through: ........ RESPONDENTS Mr. P.S. Narsimha, ASG with Mr. Tarun Johri, Mr. Ankur Gupta and Mr. Ankit Saini, Advs. for DMRC Mr. Anil Dabas, Adv. for R-1 & R-1A Ms. Mini Pushkarna, SC with Ms.Swagata Bhuyan, Ms. Shiva Pandey & Ms. Neha Goel, Advs. for NDMC/R-7 Mr. Arvind Nigam, Sr. Adv. with Mr. Manish Srivastava, Mr. Mikhil Sharda & Mr. Mehtaab Singh Sandhu, Advs. for R-12 Mr. Prashant Singh, Adv. for Intervenor LPA892018 Page 1 of 22 Mr. Rajiv Bansal, Sr. Adv. with Mr.Namit Suri, Ms. Fiza Saluja, Ms.Aprajita Gupta, Mr. Saaket...


Oct 29 2018

Ecil Cghs Ltd. Vs.lt. Governor of the Nct of Delhi and Anr.

Court: Delhi

Decided on: Oct-29-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:06. 07.2018 Pronounced on:29.10.2018 % + W.P.(C) 9673/2017, C.M. APPL. 39388/2017 & 22496/2018 ECIL CGHS LTD. Petitioner Through: Sh. T.K.A. Padmanabhan, Advocate. Versus LT. GOVERNOR OF THE NCT OF DELHI AND ANR. ..Respondents Through: Sh. Sachin Nahar, Advocate, for Respondent No.1. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT1 The petitioner, a co-operative housing society (hereafter ECIL) impugns an order of the Delhi Co-operative Tribunal (hereafter DCT) New Delhi, dated 24.04.2017, in Appeal No.93/2016/DCT and seeks a declaration that Rule 99(2) of the Delhi Cooperative Societies Rules, 2007 (hereinafter the Co-operative Society Rules) is ultra vires Section 86 of the Delhi Cooperative Societies Act, 2003 (hereafter the Act). The first respondent is the Govt of NCT of Delhi (hereafter NCT).2. The brief facts are that in 2002, the member (hereafter the member) was hande...


Oct 29 2018

Amit Sharma vs.state (Govt of Nct of Delhi)

Court: Delhi

Decided on: Oct-29-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4607/2018 & CRL.MA.31849/2018 Date of Decision :29. 10.2018 AMIT SHARMA Through: Mr. Ravi Chawla with ........ Petitioner Mr. Komal Sharma, Adv. versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through: Mr. Mukesh Kumar, APP for State with SI Bhagat Singh, PS Ashok Vihar, Delhi. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. By the present petition under Section 482 Cr.PC, the petitioner impugns the order dated 11th May, 2018 passed by the learned Special Judge, CBI-01, North-West District, Rohini Courts, whereunder the revision petition being Crl.Rev.No.72/2018 filed by the petitioner, was dismissed and the order dated 13th February, 2018 passed by the Additional Chief Metropolitan Magistrate, North-West District, Rohini Courts was upheld.2. The brief facts emerging from the record are that pursuant to a FIR No.7under Section 30 of the Arms Act read with Section 420 and 471 of the IPC registered at Police Sta...


Oct 29 2018

Iilm Academy of Higher Learning vs.s.s. Mann

Court: Delhi

Decided on: Oct-29-2018

$~36 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h October, 2018 O.M.P. 643/2011 IILM ACADEMY OF HIGHER LEARNING ........ Petitioner S.S. MANN versus Through: Mr. Samrat Nigam, Mr. Sandeep Mittal & Ms. Rekha, Advocates (M- 9560952425). ..... Respondent Through: Mr. Sandeep Sharma, Mr. Aman Dhyani & Mr. Nilesh Deep, Advocates (M-9717464364). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present petition under Section 34 has been filed challenging the award dated 13th May, 2011 passed by the Learned Sole Arbitrator who was appointed by this Court vide order dated 11th September, 2006.2. The brief background is that the Respondent is a contractor who was awarded a contract for construction of the management block of IILM Academy at plots no.17 and 18, Knowledge Park-II, Greater Noida, U.P. The Learned Arbitrator had, on 15th September, 2006, pursuant to the directions of this Court, conducted joint measurements and recorded the same, in the prese...


Oct 29 2018

Pr. Commissioner of Income Tax Delhi-17 vs.sh. Rajesh Kumar

Court: Delhi

Decided on: Oct-29-2018

$~47. * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL No.1173/2018 Date of decision:29. h October, 2018 PR. COMMISSIONER OF INCOME TAX DELHI-17 ..... Appellant Through: Mr. Zoheb Hossain, Sr. Standing Counsel with Mr. Deepak Anand, Jr. Standing Counsel for Revenue. versus SH. RAJESH KUMAR ..... Respondent Through CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI SANJIV KHANNA, J.(ORAL): CM No.44972/2018 The delay is condoned for the reasons stated in the application. ITA No.1173/2018 This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (Act for short) in the case of Sh. Rajesh Kumar arises from order of the ITA No.1173/2018 Page 1 of 7 Income Tax Appellate Tribunal (Tribunal for short) dated 25th January, 2018. The appeal relates to the Assessment Year 2010-11.2. The impugned order, while disposing of the appeal preferred by the Revenue, affirms the order dated 5th June, 2016 of the Commissioner of Income Tax (Appeals)...


Oct 29 2018

Smt. Shashi Prabha vs.ashok Dhawan

Court: Delhi

Decided on: Oct-29-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :26. 10.2018 Date of decision:29. 10.2018 FAO1132002 SMT. SHASHI PRABHA ........ Petitioner Through Mr. Prem Bhushan Dewan, Ms. Gurjeet Kaur, Advocates. Versus ASHOK DHAWAN ..... Respondent Through: Mr. P.P. Khurana, Sr. Adv. with Mr. Anil Kumar Gupta, Advocate. CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. The present appeal under Section 28 of the Hindu Marriage Act, 1955 (as amended) has been filed by Ms. Shashi Prabha against the impugned judgment dated 31.01.2002 in HMA No.4of the then learned Additional District Judge, Delhi vide which in a petition under Section 13(1)(ia) and Section 13(1)(ib) of the Hindu Marriage Act, 1955 (as amended) filed by Mr. Ashok Dhawan i.e. the respondent to the present appeal as petitioner thereof, on the ground of alleged cruelty and desertion, though the petition seeking the grant of a decree of divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Ma...


Oct 29 2018

Orion Infrastructure Ltd. & Anr vs.state & Ors

Court: Delhi

Decided on: Oct-29-2018

$~9 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:29. h October, 2018 + CRL.M.C. 5120/2015 and Crl. M.A. 18468/2015 ORION INFRASTRUCTURE LTD. & ANR ........ Petitioners Through: Mr. Sanjeev Sahai, Mr. Ankit Anand and Mr. Shakil Ahmed, Advocates versus STATE & ORS ........ RESPONDENTS Through: Mr. Sanjeev Sabharwal, APP for State with SI Mahesh Kumar Mr. Jayant Mehta and Mr. Ashok Jain, Advocates for R-2 Ms. Jhum Jhum Sarkar, Adv. for R-3 to 9 Mr. Parth Sharma, Adv. for R-10 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent had approached the Metropolitan Magistrate by a criminal complaint (CC1291A/14) impleading the petitioner and third to tenth respondents herein as prospective accused alleging offences punishable under Sections 177, 406, 420, 465, 469, 471 read with Section 34 and 120 B of Indian Penal Code, 1860 (IPC) having been committed. Crl. M.C. No.5120/2015 Page 1 of 5 2. The complaint was accompanied by an application seeking direction to the loc...


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