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Delhi Court November 2018 Judgments

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Nov 14 2018

Rajiv Saxena vs.the Chief General Manager & Ors

Court: Delhi

Decided on: Nov-14-2018

$~3 * + RAJIV SAXENA IN THE HIGH COURT OF DELHI AT NEW DELHI LPA2912018 ..... Appellant Through: Mr. Trideep Pais, Ms. Sanya Sud and Mr. Devashish Chauhan, Advocates. THE CHIEF GENERAL MANAGER & ORS versus ........ RESPONDENTS Through: Mr. Bhupender Singh Chauhan, Advocate. CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA % ORDER1411.2018 CM APPL. 21234/2018 (delay) 1. For the reasons stated in the application, the delay in filing the appeal is condoned and the application is disposed of. LPA2912018 & CM APPL. 21233/2018 2. The challenge in this appeal is to an order dated 9th March 2018 passed by a learned Single Judge of this Court dismissing the W.P.(C) 2156/2018 whereby the Appellant sought to challenge the order No.ZO:ND:ZVD:17 dated 30th July 2016 passed by the Disciplinary Authority of the Bank of LPA2912018 Page 1 of 12 Baroda (respondent-Bank) imposing the penalty of compulsory retirement on the Appellant consequent to the findings returned by the Inquiry Officer.3. The inq...


Nov 14 2018

Jai Balaji Jyoti Steels Ltd & Anr. Vs.chairman Railway Board & Ors.

Court: Delhi

Decided on: Nov-14-2018

* + + + IN THE HIGH COURT OF DELHI AT NEW DELHI CONT.CAS(C) 24/2016 Date of Order: November 14, 2018 TYRIST ENTERPRISES & ANR. ........ Petitioners Through: Mr. Shatadri Chakaraborty, Mr. Surendera, Ms. Sonia Dubey & Mr. Anurag Singh, Advocates Versus CHAIRMAN RAILWAYS BOARD & ORS. ........ RESPONDENTS Through: Mr.Jagjit Singh, Standing Counsel for Railways with Mr. Arnam Mullick, Mr. Joydeep Mazumdar & Ms. Priyata Chakraborty, Advocates Mr. Saquib Arbab & Mr. S.Ghosh, Advocates for SREI Equipment Finance Limited CONT.CAS(C) 398/2018 JAI BALAJI INDUSTRIES LTD & ANR. ........ Petitioners Through: Mr. Shatadri Chakaraborty, Mr. Surendera, Ms. Sonia Dubey & Mr. Anurag Singh, Advocates Versus S.K BISWAS & ORS. ........ RESPONDENTS Through: Mr.Jagjit Singh, Standing Counsel for Railways with Mr. Arnam Mullick, Mr. Joydeep Mazumdar & Ms. Priyata Chakraborty, Advocates CONT.CAS(C) 690/2018 M/S MADHU TRANSPORT CO PVT LTD & ANR. .... Petitioners Through: Mr. Shatadri Chakaraborty, CONT.CAS(C) 2...


Nov 14 2018

Union of India & Ors. Vs.munni Lal Menna & Anr.

Court: Delhi

Decided on: Nov-14-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision : November 14, 2018 WP(C) 2522/2015 and CM No.4498/2015 UNION OF INDIA & ORS. ........ Petitioner Through: Ms.Rashmi Malhotra with Mr.Himanshu Kaushik, Advs. versus MUNNI LAL MENNA & ANR. ........ RESPONDENTS Through: Mr.Shalinder Saini, Adv. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K.CHAWLA JUDGMENT A.K.CHAWLA, J.Instant writ petition has come to be filed extending challenge to the order dated 12.09.2014 passed by Central Administrative Tribunal (CAT) Principal Bench, New Delhi, whereby, on an OA filed by the respondent No.1, CAT directed the petitioners to restore the promotion of the respondent No.1 to the grade of Depot Superintendent Materials-III (DMS- III) with effect from 31.01.2007.2. the respondent No.1-Sh.Munni Lal Meena in short, Concisely, the facts relevant for the disposal of the petition are that 'M.L.Meena' was W.P.(C.) No.2522/2015 Page 1 of 7 initially appointed as a clerk on 27.07.19...


Nov 14 2018

n.s. Interior Contracts pvt.ltd. Vs.aman Hospitality pvt.ltd

Court: Delhi

Decided on: Nov-14-2018

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:14. 11.2018 + O.M.P.(MISC.)(COMM.) 340/2018 N.S. INTERIOR CONTRACTS PVT.LTD. ........ Petitioner Through: Ms. Aditi Sharma, Adv versus Through: Ms. Tannya Sharma, Adv ..... Respondent AMAN HOSPITALITY PVT.LTD CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) I.A. No.15470/2018 (Exemption) 1. Allowed, subject to just exceptions. O.M.P.(MISC.)(COMM.) 340/2018 2. Issue notice.3. Ms. Tannya Sharma accepts notice on behalf of the respondent.4. Learned counsel for the respondent says that she does not wish to file a reply as she does not oppose the prayer made in the petition for extension of time for concluding the arbitration proceedings.5. The record shows that an Arbitrator was appointed by this Court, vide order dated 18.10.2016, passed in Arb. P. 248/2016.6. The learned Arbitrator entered upon reference on 15.11.2016. Since the statutory period of 12 months was coming to an end, parties mutually agreed for...


Nov 14 2018

Sunil Kumar & Anr vs.usha Sharma

Court: Delhi

Decided on: Nov-14-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.916/2018 + % SUNIL KUMAR & ANR. 14th November, 2018 ..... Appellants Through: Mr. Sunil K. Kalra, Advocate with Mr. Vikram Gola, Advocate (M. No.9810396959 & 9811244209). versus Through: ..... Respondent USHA SHARMA CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.46611/2018(exemption) Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.916/2018 & C.M. Nos. 46612/2018 (for condonation of delay of 382 days in filing), 46613/2018 (for condonation of delay of 277 days in re-filing) & 46610/2018 (stay) RFA No.916/2018 Page 1 of 11 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the judgment of the Trial Court dated 08.08.2016 by which the trial court has decreed the suit filed by the respondent/plaintiff against the appellants/defendants for recovery of possessi...


Nov 14 2018

Major Abhishek Dwivedi vs.union of India and Ors.

Court: Delhi

Decided on: Nov-14-2018

$~7 IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5248/2018 & C.M. APPL.23368/2018 * + MAJOR ABHISHEK DWIVEDI ......... Petitioner Through: Mr. Sunil K. Mittal, Advocate with and Ms. Kadambini Sharma Mr. Anshul Mittal, Advocates. UNION OF INDIA AND ORS. versus Through: Mr. Chiranjeev ........ RESPONDENTS and Mr. Mukesh Sachdeva, Advocates for R-1 to 3. Kumar CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA % ORDER1411.2018 Dr. S. Muralidhar, J.:1. The challenge in this writ petition is to the decision dated 24th April 2018 of the Integrated HQ of MoD (Army), Adjutant Generals Branch, Directorate of Medical Services (Army), informing the... Petitioner that his application dated 20th February 2018 for resignation from service had been considered by the Competent Authority and was not accepted due to pending service liability. 2.The... Petitioner was commissioned in the Indian Army on 26th February 2009 as a Substantive Captain and has subsequently served in the rank of Major. The......


Nov 14 2018

Shri Davinder Kumar Bajaj vs.south Delhi Municipal Corporation and Anr ...

Court: Delhi

Decided on: Nov-14-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h November, 2018 SHRI DAVINDER KUMAR BAJAJ + W.P.(C) 11965/2018 & CM APPL. 46377/2018, 46378/2018 SOUTH DELHI MUNICIPAL CORPORATION AND ANR. Through: Mr. Shivom Garg, Adv. ........ Petitioner versus CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR Through: ..... Respondent % JUDGMENT (ORAL) The prayer in this writ petition is only for issuance of a 1. direction to the respondents not to harass or torture the petitioner in smoothly running his food stall.2. The petition is woefully devoid of any material particulars, which make out a cause of action in favour of the petitioner, or justify interdiction at the instance of this Court.3. Learned counsel for the petitioner seeks leave to withdraw this writ petition with liberty to file a better drafted petition with necessary particulars.4. Leave and liberty as prayed for is granted. W.P.(C) 11965/2018 Page 1 of 2 5. The writ petition is dismissed as withdrawn in the said terms. C. H...


Nov 14 2018

Sanjay Kumar Khodabhai Patel vs.dedicated Freight Corridor Corporation ...

Court: Delhi

Decided on: Nov-14-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:14. 11.2018 + W.P.(C) 6597/2017 VIJAYA KUMAR ANUGANDULA versus Petitioner... RESPONDENTDEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD. + W.P.(C) 9279/2017 & CM No.37900/2017 WITH RAJ KUMAR Petitioner versus DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD.(DFCCIL)... RESPONDENT+ W.P.(C) 11517/2017 & CM No.46952/2017 WITH VIKAS SINGHAL Petitioner versus DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD. (DFCCIL)... RESPONDENT+ W.P.(C) 2167/2018 & CM No.8962/2018 WITH JOGENDER Petitioner versus W.P.(C) 6597/2017 and other connected matters Page 1 of 26... RESPONDENTDEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD. + W.P.(C) 2779/2018 & CM No.11231/2018 WITH KULDEEP KUMAR Petitioner versus DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD. (DFCCIL)... RESPONDENT+ W.P.(C) 4278/2018 & CM No.16693/2018 WITH SANJAY KUMAR KHODABHAI PATEL Petitioner versus DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD. (DFCCIL)...


Nov 14 2018

Reliance Cable Industries vs.commissioner of Gst (East), Delhi

Court: Delhi

Decided on: Nov-14-2018

$~2&3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + + Date of Decision:14. 11.2018 CEAC452018, CM APPL. 35746/2018 RELIANCE CABLE INDUSTRIES ........ Petitioner versus COMMISSIONER OF GST (EAST) DELHI ..... Respondent CEAC462018, CM APPL. 35747/2018 RELIANCE CABLE INDUSTRIES ........ Petitioner versus Through: Mr. Rupesh Kumar, Advocate for the petitioner. COMMISSIONER OF GST (EAST), DELHI ..... Respondent Mr. Harpreet Singh, Senior Standing Counsel with Ms. Suhani Mathur, Adv. for respondent. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN S.RAVINDRA BHAT, J.(ORAL) 1. The question of law sought to be urged by the appellant in these two appeals is whether in regard to the total circumstances of the case, the Customs Excise and Service Tax Appellate Tribunal (CESTAT) was justified in rejecting the appeal without appreciating the facts and evidence before it.2. The brief facts of the case are that on 08.08.2011, search and seizure proceedings were carried ou...


Nov 14 2018

Divya Jangid vs.state of Nct of Delhi & Ors.

Court: Delhi

Decided on: Nov-14-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Review Petition No.402/2018 in + W.P.(C) 9752/2018 Reserved on :2. d November, 2018 Pronounced on:14. h November, 2018 DIVYA JANGID ........ Petitioner Through: Mr.Joginder Tuli, Adv. with Mr.Ashu Kumar Sharma, Ms.Joshini Tuli, Advs. Versus STATE OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Mr.Sanjoy Ghose, ASC with Ms.Urvi Mohan, Adv. for GNCTD. Mr.Nikhil Goel, Adv. with Mr.Gurpreet Hora, Adv. for CBI. Mr.N.Hariharan, Sr.Adv. & Mr.K.Sultan Singh, Sr.Adv. with Mr.Samar Vijay Singh, Mr.Amit Ojha, Mr.Ashish Chouhan, Advs. for the Review... Petitioners. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT C.M.No.45387/2018 (exemption) Allowed, subject to all just exceptions. Review Petition No.402/2018 & C.M.No.43586/2018 1. By a detailed order passed on 3rd October, 2018 in W.P.(C) No.9752/2018, we had directed for further investigation/inquiry into the matter by the Central Bureau of Investigation (CBI) and submi...


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