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Delhi Court November 2018 Judgments

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Nov 26 2018

Punjab National Bank vs.saroj Tandon

Court: Delhi

Decided on: Nov-26-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.727/2006 % PUNJAB NATIONAL BANK26h November, 2018 ..... Appellant Through: Mr. S.S. Katyal, Mr. Sanjay Katyal and Mr. Naresh Kumar, Advocates (Mobile No.9350023553). versus SAROJ TANDON ..... Respondent Through: Ms. Anamika Ghai Niyazi, Mr. M.A. Niyazi, Ms. Kirti Jaswal and Mr. Manish Kumar, Advocates (Mobile No.9811191180). CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) RFA No.727/2006 and C.M. Appl. No.17473/2006 (cross- objections by respondent/plaintiff for enhancing mesne profits granted by the trial court) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) along with the cross-objections are filed impugning the Judgment of the trial court dated 29.08.2006. By the impugned judgment, the trial court has awarded mesne profits to RFA No.727/2006 Page 1 of 13 the respondent/plaintiff at approximately Rs.55.66 per sq. ft. per month. The a...


Nov 26 2018

Vimal Jain vs.govt. Of Nct of Delhi & Ors.

Court: Delhi

Decided on: Nov-26-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. h October 2018 Decided on:26. h November 2018 + W.P. (C) 7964/2016 & CMs 33043/2016 and 13530/2018 VIMAL JAIN .....Petitioner Through: Mr. Ravinder Sethi, Sr. Advocate and Mr. Sandeep Srivastava, Advocate. GOVT. OF NCT OF DELHI & ORS. ....Respondents versus Through: Mr Ankur Chibber and Mr Bhanu Gupta, Advocates. + W.P. (C) 6461/2000 & CMs 45667/2016 and 13529/2018 KHUSHIRAM .....Petitioner Through: Mr. Ravinder Sethi, Sr. Advocate and Mr. Sandeep Srivastava, Advocate. GOVT. OF NCT OF DELHI & ORS. ....Respondents versus Through: Mr. Sanjay Poddar, Senior Advocate with Mr. Yeeshu Jain, Standing Counsel and Ms. Jyoti Tyagi, Advocate for L&B/LAC. Mr. Advocate for DUSIB. Parvinder Chauhan, W.P. (C) 7964/2016 & W.P. (C) 6461/2000 Page 1 of 28 CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA JUDGMENT Dr. S. Muralidhar, J.:1. There is a long history to these cases which concerns the acquisition proceedings pertaining to the land ...


Nov 26 2018

Department of Telecommunications and Two Others vs.shri Ravi N. Sahni

Court: Delhi

Decided on: Nov-26-2018

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h November, 2018 + O.M.P. 676/2008 DEPARTMENT OF TELECOMMUNICATIONS AND TWO OTHERS Through: Mr. Suryakant Singla with ........ Petitioners versus Ms. Rimjhim Naudiyal, Advs. (M-9810075888). SHRI RAVI N. SAHNI Through: Mr.Mishal Vij, Adv. (M-8800386667). ..... Respondent CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present Section 34 petition arises out of Award dated 12th September, 2008 passed by the learned sole Arbitrator. The... Petitioners/DOT had taken on rent, premises bearing no.114, First Floor, Bajaj House, Nehru Place, New Delhi. The initial lease was entered into on 6th October, 1980. Admittedly, the DOT was in possession of this property till 29th April, 2005. Disputes arose, in view of the termination of the lease by the Respondent on 16th July, 2001. Post the termination of lease, suit was filed by the Respondent seeking possession and mesne profits. In view of the Arbitration Clau...


Nov 26 2018

Surinder Arora vs.state

Court: Delhi

Decided on: Nov-26-2018

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:26. 11.2018 BAIL APPLN. 1056/2018 & Crl.M.B.757/2018 SURINDER ARORA STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr.Vikas Aggarwal and Mr.Anshu Mahajan, Adv. Mr. Hirein Sharma, APP for the State with SI Rawat Singh, P.S.Tilak Nagar Mr.Rohit Oberoi, Adv. for R-2. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2611.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks anticipatory bail in FIR No.108/2018 under Section 498A/4IPC, Police Station Tilak Nagar.2. Subject FIR emanates out of matrimonial discord. By order dated 08.05.2018 petitioner was granted interim protection subject to petitioner joining investigation.3. Learned APP under instructions from the Investigating Officer submits that investigation is complete and the charge sheet is in the BAIL APPLN. 1056/2018 Page 1 of 2 process of being finalised for being filed in...


Nov 26 2018

National Scheduled Castes Finance and Development Corporation vs.nand ...

Court: Delhi

Decided on: Nov-26-2018

$~8 to 10 IN THE HIGH COURT OF DELHI AT NEW DELHI LPA4392017 & CM APPLs. 23017-18/2017 * + NATIONAL SCHEDULED TRIBES FINANCE AND DEVELOPMENT CORPORATION ..... Appellant SS NAYAGAM Through: Ms.Pinky Anand, ASG with Mr.Rakesh Sinha, Mr. Jeemon & Mr. K.S.Savdamini Sharma, Advocates. versus ..... Respondent Through: Mr.Sahil Mallick with Mr.Bikram Singh, Advocates. + NATIONAL SCHEDULED CASTES FINANCE AND DEVELOPMENT ..... Appellant CORPORATION LPA4442017 & CM APPL.23477/2017 Through: Ms.Pinky Anand, ASG with Mr. Rakesh Sinha, Mr.Jeemon & Mr. K.S.Savdamini Sharma, Advocates. NAND KISHORE versus ..... Respondent Through: Mr.Sahil Mallick with Mr.Bikram Singh, Advocates. + LPA4452017 & CM APPL. 234NATIONAL SCHEDULED CASTES FINANCE AND DEVELOPMENT CORPORATION ..... Appellant Through: Ms.Pinky Anand, ASG with Mr. Rakesh Sinha, Mr. Jeemon & Mr. K.S.Savdamini Sharma,Advocates. LPA4392017 & connected matters Page 1 of 9 versus DR S P RAM & ANR. CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA Th...


Nov 26 2018

p.c. Misra, Danics/Joint Director (Retd.) vs.union of India and Ors.

Court: Delhi

Decided on: Nov-26-2018

$~3. * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:26. 11.2018 % W.P.(C) 12470/2018 P.C. MISRA, DANICS/JOINT DIRECTOR (RETD.) ........ Petitioner Through:... Petitioner in person versus UNION OF INDIA AND ORS. ..... Respondent Through: Mr. Gaurang Kanth, CGSC for R-1&2 Mr. Naresh Kaushik, CGSC with Mr. Devik Singh and Mr. Lakshay Juneja for R-3 Ms. Avnish Ahlawat, Standing Counsel, GNCTD (Services) with Mr. N.K. Singh for R-4&5 CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA VIPIN SANGHI, J.(ORAL) 1. The petitioner has preferred the present writ petition to assail the order dated 15.10.2018 passed by the Central Administrative Tribunal (CAT/ Tribunal) in O.A. No.100/712/2016. The tribunal has rejected the said O.A. of W.P. (C) No.12470/2018 Page 1 of 24 the petitioner. The petitioner had preferred the said O.A. to, inter alia, assail the disciplinary proceedings undertaken against him vide memorandum/ show- cause notice dated 21.07.2011; the orde...


Nov 26 2018

Sudhir Udar vs.land & Building Department

Court: Delhi

Decided on: Nov-26-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI LPA5872016 % + SUDHIR UDAR Date of decision:26. h November, 2018 Through: Mr. Raghuvinder Godara, Adv. ..... Appellant versus LAND & BUILDING DEPARTMENT Through: Mr.Yeeshu Jain, Standing Counsel ..... Respondent CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) 1. This Intra-Court appeal has been filed by the appellant challenging the order dated July 15, 2016 passed by the learned Single Judge in W.P.(C) No.5399/2016, whereby the learned Single Judge has dismissed the writ petition.2. The facts as noted from the record are that, it was the case of the appellant before the learned Single Judge that his land measuring 8 Bighas and 4 Biswas was acquired vide Award No.26/2002-2003 by the Land Acquisition Collector, South - West District, Dwarka, New Delhi. On December 9, 2002, compensation was received by him from the Department LPA5872016 Page 1 of 4 amounting to ` 36,03,026/-. It was his case that on ...


Nov 26 2018

Commissioner of Value Added Tax, Delhi vs.m/s Otis Elevator Company (I ...

Court: Delhi

Decided on: Nov-26-2018

$~43 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ST.APPL.1/2018 & CM APPL. Nos.48717-48720/2018 Decided on:26. 11.2018 COMMISSIONER OF VALUE ADDED TAX, DELHI ..... Appellant Through: Mr.Satyakam, ASC (GNCTD) versus M/S OTIS ELEVATOR COMPANY (INDIA) LTD. Through: None. ..... Respondent CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN MR.JUSTICE S.RAVINDRA BHAT (OPEN COURT) % 1. The question of law urged on behalf of the appellant/Government of NCT of Delhi concerns the correctness of the finding of the Appellate Tribunal, Value Added Tax, Delhi [hereafter referred to as VAT Tribunal]. that the supply of the goods from Mumbai to Delhi to execute the works contract, did not constitute inter-state sales within the meaning of the expression under the Central Sales Tax Act, 1956.2. The Assessee is engaged in the business of supply, erection, commissioning and installation of lifts/elevators in various classes of places including residential buildings, government o...


Nov 26 2018

Arvind Kumar Jain vs.jagdish Lal Khanijo

Court: Delhi

Decided on: Nov-26-2018

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on 12.11.2018. Date of Judgment:26. 11.2018 + CM (M) No.1191/2018 & C.M. Nos.40664/2018 ARVIND KUMAR JAIN ........ Petitioner Through: Dr.Sarbjit Sharma, Advocate and Ms.Yamini Nijhawan and Ms.Leeza Taneja, Advocates. Versus Through: Mr.Arvind Dhingra, Advocate. .... Respondent JAGDISH LAL KHANIJO CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.CM (M) No.1191/2018 & C.M. Nos.40664/2018 1. The impugned order dated 27.07.2018 passed by the Pilot Court (Central), Tis Hazari Court, Delhi (RC) declining the request of the petitioner/tenant to take on record the documents along with the rejoinder, is the subject matter of challenge in this petition filed under Article 227 of the Constitution of India.2. The respondent/landlord has sought ejectment of the petitioner from the shop in question, under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (DRC Act), on bona fide requirement of his daughter-in-law Ms. Sakshi to use and esta...


Nov 26 2018

Atiquddin & Anr. Vs.state (Govt. Of Nct of Delhi)

Court: Delhi

Decided on: Nov-26-2018

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + BAIL APPLN. 1946/2018 Judgment delivered on:26. 11.2018 ATIQUDDIN & ANR. STATE (GOVT. OF NCT OF DELHI) versus ........ Petitioners ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr.Yogesh Sharma, Adv. Ms. Kusum Dhalla, Addl. PP for State with SI Shailendra Kr. Singh, PS Gokulpuri. Mr. A.K. Mishra, Mr. Arpit Mishra and Mr. Ankush Sharma, Advs. for complainant CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2611.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek anticipatory bail in FIR No.321/2018 under Sections 448/511/380/3IPG, Police Station Gokulpuri.2. As per the allegations in the FIR, the petitioners along with other family members are alleged to have forcefully entered the house of the respondent complainant to evict them. It is alleged that they have stolen several articles from the house. BAIL APPLN. 1946/2018 Page 1 of 3 3. Learned counsel for the petitioners submits t...


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