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Delhi Court October 2018 Judgments

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Oct 11 2018

Union of India and Ors. Vs.amit Kumar

Court: Delhi

Decided on: Oct-11-2018

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6248/2018 & C.M.No.24123/2018 (stay) UNION OF INDIA AND ORS. Through Mr.Ashok Singh, Adv. ........ Petitioners versus AMIT KUMAR Through Mr.M.S.Saini, Adv. ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % 1. ORDER1110.2018 The petitioners/Northern Railways are aggrieved by the judgment dated 21.11.2017, passed by the Central Administrative Tribunal allowing O.A. No.3560/2016, filed by the respondent, son of late Shri Bani Singh, who was working on the post of a Goods Guard.2. Under the impugned order, the Tribunal has set aside the orders dated 29.12.2015 and 10.02.2016 passed by the petitioners, rejecting the respondents request for appointment on compassionate grounds on the demise of his father, Shri Bani Singh on 05.11.2015, on the ground that on the date of his demise, Shri Bani Singh was not an employee of the Northern Railways.3. The plea taken by the petitioners before the Tribunal ...


Oct 11 2018

Anil Kumar vs.m/s United Insurance Co Ltd & Ors.

Court: Delhi

Decided on: Oct-11-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: October 11, 2018 ..... Appellant Through: Mr. Rajiv Ranjan Dwevedi, Advocate Versus + MAC.APP. 380/2016 SEEMA BEGUM ARUN KUMAR SINGH (UNITED INDIA INSURANCE COMPANY LIMITED) ..... Respondent Through: Mr. Deepak Jain, Advocate for respondent No.1 Mr. Mohit Singh, Mr. Sudhir Nagar & Ms. Bhanu Sanoriya, Advocates for respondent No.2 Mr. Animesh Sinha, Advocate for respondent No.3 + MAC.APP. 497/2017 ANIL KUMAR Through: Mr. Deepak Jain, Advocate ..... Appellant Versus M/S UNITED INSURANCE CO LTD & ORS. ........ RESPONDENTS Through: Mr. Animesh Sinha, Advocate for respondent No.1 Mr. Rajiv Ranjan Dwevedi, Advocate for respondents No.2 & 3 Mr. Deepak Jain, Advocate for respondent No.4 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR MAC.APP. 380/2016 MAC.APP. 497/2017 Page 1 of 7 1. JUDGMENT (ORAL) The above captioned two appeals are directed against Award of 30th January, 2016 vide which compensation of `13,05,000/- with interest @ 12% per an...


Oct 11 2018

Rajeev Ghaloth vs.the State

Court: Delhi

Decided on: Oct-11-2018

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Bail Application No.2116/2018 Judgment delivered on:11.10.2018 RAJEEV GHALOTH THE STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: Mr. Sunil Kumar & Mr. Sanjay Ghaloth, Advocates. For the... Petitioner : For the... RESPONDENTS : CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Kamal Kr. Ghai, APP for the State with SI Vikas, PS Khyala. Mr. Vikram Dua & Mr. Vikas Kumar, Advocate for the complainant. JUDGMENT1110.2018 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner seeks regular bail in FIR No.29/2018 initially registered under Sections 323/354/354(D)/5IPC and Section 12 POCSO Act, Police Station Khyala. Subsequently, charge sheet has been filed and charges have been framed under Sections 354/354(D)/323/5IPC and Sections 10 & 12 POCSO Act. Bail Appln. No.2116/2018 Page 1 of 3 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that there is substantial...


Oct 11 2018

New Delhi House Flat Owners Association (Regd.) vs.pan India Corporati ...

Court: Delhi

Decided on: Oct-11-2018

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. 10.2018 CO.PET. 732/2016 NEW DELHI HOUSE FLAT OWNERS ASSOCIATION (REGD.) ........ Petitioner Through Ms.Sunita Bhardwaj, Adv. for the petitioner. Mr.Ashok Nagrath, Adv.for petitioner (both counsel dispute the authority of each other) the Versus PAN INDIA CORPORATION LTD. ..... Respondent Through Mr.Chandra Shekhar Yadav, Adv. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under section 433(e) and 434 of the Companies Act, 1956 for winding up of the respondent company. It is stated that the petitioner is an Association being registered under the Societies Registration Act, 1860 and is responsible for renovation of the building New Delhi House which was constructed in 1974. It is further stated that the respondent company is indebted to the petitioner for a sum of Rs.1,01,900/- The petitioner raised invoice/bills bearing No.78 of 2016 for renovation of the building New Delhi Hous...


Oct 11 2018

Jagdish & Ors vs.state & Anr.

Court: Delhi

Decided on: Oct-11-2018

$~85 & 86 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 10.2018 CRL.M.C. 5229/2018 DHARMENDER @ DHARMU & ORS STATE & ANR. versus + CRL.M.C. 5231/2018 JAGDISH & ORS STATE & ANR. versus ........ Petitioners ....... RESPONDENTS ........ Petitioners ....... RESPONDENTS Advocates who appeared in this case: For the... Petitioner(s) : Mr.Ashish Kapoor, Adv. Crl.M.C.5229/2018 Mr. Paramveer Deswal, Adv. for petitioners in Crl.M.C.5231/2018. for petitioners in For the Respondent(s): Mr. Raghuvinder Verma, Addl. PP for the State with SI Vineet Kumar in both petitions. Ms. Ayushi Chugh and Ms. P. Deswal, Advs. for respondent in Crl.M.C.5229/2018 Mr. Ashish Kapoor, Adv. for respondent No.2 in Crl.M.C.5231/2018. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1110.2018 SANJEEV SACHDEVA, J.(ORAL)... Petitioners in Crl. M.C. 5229/2018 seek quashing of FIR No.1. CRL.M.C. 5229/2018 & 5231/2018 Page 1 of 3 1401/2014 under Sections 323/354/452/5& Section 3(I)(X)(XI)(XV) of the...


Oct 11 2018

Association of Apartment Owners of New Delhi House (Regd.) vs.a.v. Glo ...

Court: Delhi

Decided on: Oct-11-2018

$~ CP-28 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:11. 10.2018 CO.PET. 742/2016 ASSOCIATION OF APARTMENT OWNERS OF NEW DELHI HOUSE (REGD.) ........ Petitioner Through Ms.Sunita Bhardwaj, Adv. for the petitioner. Mr.Ashok Nagrath, Adv.for petitioner (both counsel dispute the authority of each other) the Versus A.V. GLOBAL CORPORATION PVT. LTD. ..... Respondent Through Mr. Peeyoosh Kalra and Ms.Sona Babbar, Advocates CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under section 433(e) and 434 of the Companies Act, 1956 for winding up of the respondent company.2. The case of the petitioner is that the petitioner association is a society registered under the Societies Registration Act, 1860 and is also acting in consonance with the Delhi Apartment Ownership Act, 1986. It is also stated that the petitioner raised invoice Bill No.71 of 2016 for Rs.2,03,600/- against the respondent towards augmented and upgraded electric installation...


Oct 11 2018

Ansal Housing Construction Ltd vs.m/s Power House Health Club India an ...

Court: Delhi

Decided on: Oct-11-2018

$~6 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 2574/2013 ANSAL HOUSING CONSTRUCTION LTD ..... Plaintiff Through Mr.Attin Shankar Rastogi with Ms.Neha Rajpal, Advocates. versus M/S POWER HOUSE HEALTH CLUB INDIA AND ORS ..... Defendants Through Mr.Jai Gupta with Mr.Anubhav Chabbra, Advocates for D-1 & 2. Mr.Uttam Kumar, Advocate for D-3. Date of Decision:11. h October, 2018 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (ORAL) I.A.Nos.12954/2014 & 22230/2014 1. Present applications have been filed by defendant no.2 and defendant no.3 under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act 1996) for referring the parties to arbitration.2. Learned counsel for defendant nos.2 and 3 state that the Lease Agreement dated 08th April, 2007 contains an arbitration clause which reads as under:-"32. That in the event of any dispute and/or difference arising out of this Indenture of Lease or in any way touching or arising out of these pr...


Oct 11 2018

Bharti Axa General Insurance Co Ltd. Vs.poonam & Ors.

Court: Delhi

Decided on: Oct-11-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: October 11, 2018 + MAC.APP. 995/2015 BHARTI AXA GENERAL INSURANCE CO LTD. ..... Appellant Through: Mr. Vikas Bhadana, Advocate Versus POONAM & ORS. ........ RESPONDENTS Through: Mr. Vijay Pal Sharma & Mr. Santosh Kumar Sahu, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 11th August, 2015 grants compensation of 1. 15,24,960/- with interest @ 9% per annum to respondents-Claimants on account of death of Florist- Parvesh Kumar, aged 39 years, in a vehicular accident on 29th August, 2013.2. The factual background of this case, as noticed in the impugned Award, is as under:-"Brief facts of the case are that on 29/08/2013 at about 01:45 a.m. when the deceased alongwith his friend Sh. Vijay was going to Balaji Action Hospital to see his one friend from Manogolpuri, Delhi on motorcycle No.DL- 8S-ND-8759, then the offending vehicle No.DL-8C-AE- 0138 (Santro GLX car) which was being driven by its drive...


Oct 11 2018

Digjam Limited vs.dlf Universal Limited

Court: Delhi

Decided on: Oct-11-2018

$~J- * % + + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Pronounced on:11. 10.2018 O.M.P. (COMM) 286/2017 DIGJAM LIMITED ........ Petitioner Through Mr.Ramesh Singh and Mr.Shabyashachi Patra, Advs. versus DLF UNIVERSAL LIMITED ..... Respondent Through Mr. Rajiv Nayar, Sr. Adv. with Mr.Sanjiv Bahl, Mr. Kartik Nayar, Ms.Simran Brar and Ms. Medhavi Singh, Advs. O.M.P. (COMM) 289/2017 DLF UNIVERSAL LTD (NOW KNOWN AS DLF LTD) ........ Petitioner Through Mr. Rajiv Nayar, Sr. Adv. with Mr.Sanjiv Bahl, Mr. Kartik Nayar, Ms.Simran Brar and Ms. Medhavi Singh, Advs. DIGJAM LTD versus Through Mr.Ramesh ..... Respondent Singh and Mr.Shabyashachi Patra, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH OMP(COMM) 286 &289/2017 Page 1 of 17 JAYANT NATH, J.1. These two petitions are filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking to impugn the Award of the learned Arbitrator dated 07.04.2017. OMP (COMM) 286/2017 is filed by Digjam Ltd. (...


Oct 11 2018

Association of Apartment Owners of New Delhi House (Regd.) vs.j&s Trav ...

Court: Delhi

Decided on: Oct-11-2018

$~ CP-30 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:11. 10.2018 CO.PET. 749/2016 ASSOCIATION OF APARTMENT OWNERS OF NEW DELHI HOUSE (REGD.) ........ Petitioner Through Ms.Sunita Bhardwaj, Adv. for the petitioner. Mr.Ashok Nagrath, Adv.for petitioner (both counsel dispute the authority of each other) the Versus J&S TRAVEL PVT. LTD. ..... Respondent Through Mr. Aaditya Vijaykumar, Advocate. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under section 433(e) and 434 of the Companies Act, 1956 for winding up of the respondent company.2. The case of the petitioner is that the petitioner association is a society registered under the Societies Registration Act, 1860 and is also acting in consonance with the Delhi Apartment Ownership Act, 1986. It is also stated that the petitioner raised invoice Bill No.13 of 2016 for Rs.2,01,000/- against the respondent towards augmented and upgraded electric installations of the building New Delhi ...


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