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Delhi Court October 2018 Judgments

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Oct 23 2018

M/S Fairdeal Industries and Ors. Vs.ramesh Kumar Suneja

Court: Delhi

Decided on: Oct-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.867/2018 + % M/S FAIRDEAL INDUSTRIES AND ORS. 23rd October, 2018 Through: Mr. ..... Appellants Iqbal Ashraf Rahmani, Advocate with Mr. Mohd Rais in person (M. No.9810338989). RAMESH KUMAR SUNEJA versus Through: ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.44154/2018(exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.867/2018 and C.M. No.44153/2018(stay) 2(i). This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit RFA No.867/2018 Page 1 of 10 impugning the Judgment of the Trial Court dated 06.09.2018 whereby the trial court has decreed the suit filed by the respondent/plaintiff for recovery of moneys being the amount claimed towards interest for the period of retention of the principal amount of Rs. 2,90,00,000/- received by the appellants/def...


Oct 23 2018

M K Gupta vs.dr Ram Avtar Garg & Ors.

Court: Delhi

Decided on: Oct-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA8632015 & CM APPL. 28932/2015 Date of Decision:23. d October, 2018 M K GUPTA Through: Mr. Nishant Datta, Adv. ..... Appellant Versus DR RAM AVTAR GARG & ORS. ........ RESPONDENTS Through: Mr. Arun K. Sharma, Adv. for R-1. Mr. T. Singhdev with Mr. Tarun Verma, Advs. for R-2/MCI. Mr. Praveen Khattar, Adv. R-3/DMC. for CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO Rajendra Menon, Chief Justice (Oral) 1. Seeking exception to an order passed by the learned writ court on 10.07.2015 in W.P.(C) 4220/2011 titled Dr. Ram Avtar Garg v. Medical Council of India & Ors., this appeal has been filed under Clause 10 of the Letters Patent.2. The appellant herein Shri M.K. Gupta had made a complaint before the Delhi Medical Council against the writ petitioner Dr. Ram Avtar Garg to the effect that a child patient was brought to the casualty of Holy Family Hospital, Okhla, New Delhi around 8:00 p.m. on 04.12.2009. The child was sick for...


Oct 23 2018

State vs.devender Singh & Ors.

Court: Delhi

Decided on: Oct-23-2018

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23.10.2018 CRL.REV.P. 476/2017 STATE versus DEVENDER SINGH & ORS ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : Mr. Hirein Sharma, APP for the State. SI Dharamvir Singh, PS CWC Nanak Pura. For the Respondent : Mr. Varun Agarwal, Advocate for respondents. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2310.2018 SANJEEV SACHDEVA, J.(ORAL) CRL.REV.P. Crl.M.A.10747/2017 (for condonation of delay) 476/2017 & Crl.M.A.10746/2017 (stay), 1.... Petitioner State has filed this revision petition impugning order dated 03.11.2016, whereby, the first Revisional Court allowed an application filed by respondents under Section 177 read with Section 461 Cr.P.C and held that the Police Station Crime (Women) Cell, Nanakpura would not have the jurisdiction to investigate the subject FIR No.127/2012 under Section 498A/4IPC, Police Station CRL.REV.P. 476/2017 Page 1 of 5 Crime (...


Oct 23 2018

Food Corporation of India vs.m/s Ashok Rice Mills & Ors

Court: Delhi

Decided on: Oct-23-2018

$~7 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. d October, 2018 O.M.P. 1670/2014 FOOD CORPORATION OF INDIA ........ Petitioner Through: Mr. Rajeev Sharma, Advocate (M-9810194858). versus M/S ASHOK RICE MILLS & ORS ........ RESPONDENTS Through: Mr. Rajesh Chhetri, Mr. Pawan Upadhyay, Mr. Rajeev Chhetri and Ms. Meenakshi Rawat, Advocates. (M:9891675255) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) The present petition under Section 34 has been filed against the award 1. dated 4th September, 2014 by which the learned sole arbitrator had dismissed the claims of the Food Corporation of India (hereinafter, FCI) and allowed the counter-claims of the miller M/s. Ashok Rice Mills, Muktsar (hereinafter, miller). The parties had entered into a milling contract dated 7th October, 1994 2. for storing and milling of paddy. The miller was supplied a total quantity of 50075 bags (32548-75 quintals) of superfine paddy and 3200 bags (2080-00 quintals) of fine paddy. ...


Oct 23 2018

Pankaj Sales Corporation vs.indra Jain Industries

Court: Delhi

Decided on: Oct-23-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI EX.P. 33/2013 & EX.APPL.(OS) 95/2013 #16 PANKAJ SALES CORPORATION Through Mr. Amit Narang with ..... Decree Holder versus Mr. Yadminder Lal, Advocates INDRA JAIN INDUSTRIES ..... Judgement Debtor Through Ms. Sushmita Chaudhary, Advocate % CORAM: HON'BLE MR. JUSTICE MANMOHAN Date of Decision:23. d October, 2018 MANMOHAN, J: (Oral) JUDGMENT1 Present execution petition has been filed seeking execution of the consensual decree dated 14th December, 2011 passed in CS (OS) 2039/2011. It is pertinent to mention that the consensual decree had been passed in accordance with the Settlement Agreement dated 8th December, 2011 executed between the parties before the Delhi High Court Mediation and Conciliation Centre. The relevant portion of the said Settlement Agreement dated 8th December, 2011 is reproduced hereinbelow:-"a) The defendant acknowledge the plaintiff to be the registered proprietor of the trade mark TRISHUL with device of TRISHUL/TRIDENT u...


Oct 23 2018

Octaga Green Power & Sugar Co Limited vs.well Trans Logistics Private ...

Court: Delhi

Decided on: Oct-23-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23.10.2018 C.R.P. 208/2018 OCTAGA GREEN POWER & SUGAR CO LIMITED........ Petitioner Through: Mr. K.K. Khurana, Advocate. versus WELL TRANS LOGISTICS PRIVATE LIMITED ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE VINOD GOEL JUDGMENT (Oral) VINOD GOEL, J.CM No.40153/2018 (for exemption) 1. Allowed, subject to all just exceptions. CM No.40154 of 2018 (delay) 2. For the reason stated in the application, the delay in re-filing the petition is condoned. The application stands disposed of. C.R.P. 208/2018 3. The order dated 27.03.2018 passed by the Court of learned Additional District Judge-05 (ADJ), Patiala House Court, New Delhi is the subject matter of challenge in this Civil Revision Petition.4. The respondent/plaintiff filed a civil suit for recovery of Rs.8,39,171/- C.R.P. 208/2018 Page 1 of 8 against the petitioner. The petitioner/defendant, in its written statement, inter-alia, pleaded that the Court in Delhi h...


Oct 23 2018

Mi2c Security Facilities Pvt Ltd vs.north Delhi Municipal Corporation

Court: Delhi

Decided on: Oct-23-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: October 23, 2018 + W.P.(C) 8197/2017 & CM. No.33688/2017 MI2C SECURITY FACILITIES PVT LTD ........ Petitioner Through: Mr. Rajesh Gogna and Mr. Akhilesh Kumar, Advs. versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through: Mr. Gaurang Kanth and Ms. Biji Rajesh, Advs. CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 The present petition has been filed by the petitioner with the following payers: It is, therefore, most humbly prayed that this Honble Court may most graciously be pleased: - a. Issue appropriate writ of mandamus or any other appropriate writ. Pass appropriate order (s) or direction (s) against the Respondent to ensure compliance of its constitutional / statutory / contractual obligations to pay / release b. W.P.(C) No.8197/2017 Page 1 of 35 incremental wages which includes Minimum Wages / revised Minimum Wages, Provident Fund / revised Provident Fund, ESI / revised ESI for more th...


Oct 23 2018

Pooja Singh vs.state of Nct & Ors.

Court: Delhi

Decided on: Oct-23-2018

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:23.10.2018 + CRL.M.C. 4773/2018 POOJA SINGH versus STATE OF NCT & ORS ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : Mr. Rajeev Kumar, Advocate with petitioner in person. For the Respondent : Mr. Hirein Sharma, APP for the State. SI Dharamvir Singh, PS CWC Nanak Pura. Mr. Varun Agarwal, Advocate for respondents with respondents in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2310.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.32420/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4773/2018 1.... Petitioner seeks quashing of FIR No.127/2012 under Sections 498A/4IPC, Police Station Crime (Women) Cell, Nanakpura, based on a settlement. CRL.M.C. 4773/2018 Page 1 of 3 2. The petitioner, who is the complainant, has filed this petition contending that she has reconciled her disputes with her husband and his family, who are arrayed a...


Oct 23 2018

b.m. Batish vs.uoi Through Lt. Governor & Ors.

Court: Delhi

Decided on: Oct-23-2018

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:23. 10.2018 W.P.(C)No.2897/2001 ........ Petitioner Through : Ms. Palak Rohmetra, Adv. B.M. BATISH versus UOI THROUGH LT. GOVERNOR & ORS. ...... RESPONDENTS Through : Mr. Kanishk Rana, Adv. for Mr. Anuj Aggarwal, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN S. RAVINDRA BHAT, J.(ORAL) The writ petitioner is aggrieved by an order dated 29.03.2001 of 1. the Central Administrative Tribunal (hereafter referred to as CAT), which was made at the behest of the contesting respondent nos.3 and 4 (hereafter referred to as the applicants).2. Briefly the facts are that the writ petitioner joined the Irrigation and Flood Control Department of the Delhi Administration (hereafter as the NCT) in 1966 as a Junior Engineer. He apparently acquired a degree/degree equivalent qualification sometime in 1970. He was promoted in 1973 on ad hoc basis on the post of Assistant Engineer but subsequently reverted...


Oct 23 2018

M/S Kushal Infraproject Industries (India) Ltd vs.umed Singh (Deceased ...

Court: Delhi

Decided on: Oct-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d October, 2018 % + FAO(OS) 132/2018, CM No.35104/2018 M/S KUSHAL INFRAPROJECT INDUSTRIES (INDIA) LTD Through: Mr. Kirti Uppal, Sr. Adv. with Mr. Vishal Mann and Mr. Pranvir Sethi, Advs. ..... Appellant versus UMED SINGH (DECEASED) THR LRS & ORS Through: Mr. Parvinder Chauhan, Adv. and Mr. Nitin Jain, Adv. ........ RESPONDENTS CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) 1. The present appeal has been filed by the appellant challenging the order dated August 08, 2018 whereby the learned Single Judge has closed the right of the appellant herein to file list of witnesses as well as the evidence by way of affidavits.2. The facts are, the appellant herein has filed a suit for specific performance based on an Agreement to Sell executed with the respondents on January 23, 2013. The respondents filed written statement to the suit filed by the appellant on November 01, 2013. On Marc...


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