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Delhi Court February 2018 Judgments

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Feb 23 2018

Sudhir Karir vs.virender Kumar Karir & Anr

Court: Delhi

Decided on: Feb-23-2018

#20 IN THE HIGH COURT OF DELHI AT NEW DELHI MAT.APP.(F.C.) CM71002018 S K Judgment delivered on:23. 02.2018 45/2018, CM10782018, CM10992018 & ..... Appellant versus V K K & ANR ........ RESPONDENTS Advocates who appeared in this case: For the Appellant For the... RESPONDENTS : Mr. Khusbir Singh, Advocate : None CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT SIDDHARTH MRIDUL, J (ORAL) 1. The present appeal under Section 19 of the Family Courts Act, 1984 belatedly impugns an order dated 04.03.2017, passed by the learned Family Courts, Karkardooma Courts, Delhi in a maintenance petition under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) bearing CC No.344/16, titled as V K K & Another vs. S K K. At the very outset, it is pertinent to observe that the present appeal has been MAT.APP.(F.C.) 45/2018 Page 1 of 3 instituted after a delay of 312 days from the date of rendering of the impugned order.2. The facts br...


Feb 23 2018

Rakesh Jain vs.preeti Jain

Court: Delhi

Decided on: Feb-23-2018

$~28 & 29 IN THE HIGH COURT OF DELHI AT NEW DELHI * + OMP (CONT.) 2/2017 RAKESH JAIN Through: Decree Holder in person ..... Decree Holder PREETI JAIN alongwith his son. versus ..... Judgement Debtor Through: Mr Avadh Kaushik, Advocate. AND + OMP (CONT.) 3/2017 RAKESH JAIN Through: Decree Holder in person ..... Decree Holder alongwith his son. versus ..... Judgement Debtor Through: Mr Avadh Kaushik, Advocate. YOGESH JAIN CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2302.2018 VIBHU BAKHRU, J1 The petitioner has filed the present petitions under Section 27(5) of the Arbitration and Conciliation Act, 1996 (hereafter the Act) read with Section 11 and 12 of the Contempt of Courts Act, 1971.2. The petitioner prays that the proceedings for the Contempt of Courts Act, 1971 be initiated against the respondents for wilful disobedience of the order dated 14.10.2004 and interim award dated 01.04.2010 passed by the Sole Arbitrator.3. Mr Yogesh Jain, (the respondent in OMP (CONT.) 3/2017) is OMP (C...


Feb 23 2018

Urmila Sharma vs.land Acquisition Collector / a.d.m. & Ors

Court: Delhi

Decided on: Feb-23-2018

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment :23rd February, 2018 + W.P.(C) 6775/2016 URMILA SHARMA LAND ACQUISITION COLLECTOR / A.D.M. & ORS Through Ms. Anupriya Singh with Mr. Atul versus Tripathi, Advocates. ........ Petitioner CORAM: ........ RESPONDENTS Through Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Mr. Kunal Sharma, Adv. for DDA. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceeding with respect to the land of the petitioner i.e. plot no.37A measuring 100 sq. yds. out of Khasra no.62(3-14) & 62(2-12), situated in the revenue estate of village Roshanpura, abadi known as Shyam Vihar, Delhi (hereinafter referred to as the subject land) stands lapsed in view of section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition...


Feb 23 2018

The Union of India vs.m/s City Promoter & Buildwell Pvt. Ltd.

Court: Delhi

Decided on: Feb-23-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP3972015 Reserved on:12. h January, 2018 Date of decision :23rd February, 2018 THE UNION OF INDIA Petitioner Through: Mr.Manish Mohan, Adv. Versus M/S CITY PROMOTER & BUILDWELL PVT. LTD. .... Respondent Through: Mr.M.K.Singh, Mr.Rahul Pandey, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 This petition under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the Arbitral Award dated 26th March, 2015 passed by the Sole Arbitrator in so far as it allows claim nos.1, 2, 4 and 5 of the respondent.2. The disputes between the parties are in relation to agreement No.CEDZ-36/2009-10 for provision of 72 Single Officers Accommodation Adjacent to Naval Officers Mess (Varuna) at Delhi Cantt. entered into between the parties on 5th November, 2009. Some of the terms of the said agreement that are relevant for the purpose of the present adjudication are reproduced here...


Feb 22 2018

Tejal Sharma Through Natural Guardian Sneh Sharma vs.yogesh Sharma

Court: Delhi

Decided on: Feb-22-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :22. d FEBRUARY, 2018 CRL.REV.P. 52/2013 $~19 * + TEJAL SHARMA THROUGH NATURAL GUARDIAN SNEH SHARMA Through : Mr.Uttam Kumar, Advocate with Ms.Shaheen, Advocate along with petitioner in person. ........ Petitioner YOGESH SHARMA versus ..... Respondent Through : Ms.Amrita Chatterjee, Advocate along with respondent in person. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(Oral) 1. Present revision petition has been filed by the petitioner to challenge the legality and correctness of an order dated 22.08.2012 of learned Judge, Family Courts, Saket whereby maintenance @ `4,000/- per month was granted from the date of filing the petition i.e. 07.06.2006 besides litigation expenses to the tune of `20,000/-. The petition is contested by the respondent.2. I have heard the learned counsel for the parties and have examined the file. The relationship between the parties is not at issue. The petitioner is the respondents daughter and is presentl...


Feb 22 2018

Anil Kumar Sharma & Other Employees and Guardian of Students of Bal Vi ...

Court: Delhi

Decided on: Feb-22-2018

$~15 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order : February 22, 2018 W.P.(C) 9272/2016 ANIL KUMAR SHARMA & OTHER EMPLOYEES AND GUARDIAN OF STUDENTS OF BAL VIKAS SCHOOL Through: Mr. Amresh Anand, Advocate ........ Petitioners versus GOVT. OF NCT OF DELHI & ORS ........ RESPONDENTS Through: Mr. Amrit Pal Singh, Advocate for R-1 Mr.Aman Panwar, Mr. Mudit Gupta and Mr.Sangam Kumar, Advocates for R-2 & 3 Mr.Santosh Kumar Tripathi, Advocate for R-4 Mr.Kamal Kant Jha, Advocate for R-5 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1. In this petition, petitioners are vaguely described as Anil Kumar Sharma and other employees and guardian of students of respondent-school. Anil Kumar Sharma is said to be Vice-Principal of the respondent-school, who was dismissed on 13th February, 2012. Learned counsel for petitioners submits that Delhi School Tribunal has directed reinstatement of Anil Kumar Sharma and others. To submit so, attention of this Court is drawn to order of 10th J...


Feb 22 2018

m.l. Gupta vs.aerens Gold Souk International Ltd. & Another

Court: Delhi

Decided on: Feb-22-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d February, 2018 EX.P. 16/2018 & EA No.54/2018 (u/O XXI R-41 CPC). M.L. GUPTA ..... Decree Holder Through: Mr. Manish Vashisht, Mr. Sameer Vashisht and Ms. Trisha Nagpal, Advs. Versus AERENS GOLD SOUK INTERNATIONAL LTD. & ANOTHER Through: None. ..... Judgement Debtors * % + CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW EA No.55/2018 (for exemption) and EA No.56/2018 (for exemption from filing certified copy of decree sheet).1. 2. Allowed, subject to just exceptions. The applications stand disposed of. EX.P. 16/2018 & EA No.54/2018 (u/O XXI R-41 CPC).3. Execution is sought of a money decree dated 3rd January, 2018 of recovery of Rs.5,90,62,500/- from judgment debtor no.1 and Rs.5,00,00,000/- jointly and severally from the judgment debtors no.1&2 namely Aerens Gold Souk International Ltd. and M/s. Aerens Projects & Infrastructure Pvt. Ltd., both with interest at 18% per annum from the date of filing of the suit till realisation...


Feb 22 2018

Pooja Tomar vs.the State & Ors.

Court: Delhi

Decided on: Feb-22-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:22. 02.2018 RSA162018,CM Nos. 4383/2018, 4384/2018 & 4385/2018 POOJA TOMAR ..... Appellant Through: Mr. C.S.S. Tomar, Advocate. Versus THE STATE & ORS. .....Respondents Through: Mr. Sunil Kumar, Advocate for R-2 and R-3. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (ORAL) 1. This second appeal impugns an Award dated 01.09.2016 passed by the learned ADJ and judgment dated 21.04.2016 as well as the order dated 03.11.2017 passed by the learned ACJ.2. While working as a constable with Delhi Police, Sanjeev Kumar married Preeti on 08.05.1995. They were blessed with two children, namely, Master Vishal and Baby Khushboo (respondent nos. 2 and3) respectively. With time, the couple developed differences and got estranged. After 14 years of cohabitation, Preeti moved out of her matrimonial home with the children in 2008. Their marriage was dissolved by mutual consent by a decree of divorce dated 16.01.2012. Preeti later settled ...


Feb 22 2018

Sh. Raju Chauhan vs.the Lieutenant Governor and Ors.

Court: Delhi

Decided on: Feb-22-2018

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment :22. d February, 2018 + W.P.(C) 1451/2018 SH. RAJU CHAUHAN ........ Petitioner Through: Mr. Rajeev Ranjan Pandey, Advocate. versus THE LIEUTENANT GOVERNOR AND ORS. ........ RESPONDENTS Through: Mr. Devesh Singh, ASC (Civil) for respondents No.1, 6 and 7. Mr. Nishant Anand and Ms. Shilpa Devan, Advocates for respondents No.2 to 4. Mr. R. H. A Sikander, Mr. PRateek Gupta and Mr. D. A. Naqvi, Advocates for respondent No.9. Mr. Rahul Sharma and Mr. C. K. Bhatt, Advocates for respondent No.10. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G. S. SISTANI, J.(ORAL) 1. Copies of challans have been filed by the petitioner without serving copies to counsel for the respondents. Copies supplied to counsel for the respondents in Court today. Registry to explain as to how the documents were accepted without copies being served to the respondents.2. This is a petition under Article 226 of the Constitut...


Feb 22 2018

National Insurance Co. Ltd vs.smt. Bimla & Ors

Court: Delhi

Decided on: Feb-22-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment: February 22, 2018 + MAC.APP. 590/2014, CM Nos.10741/2014, 20565/2014 & 41375/2016 NATIONAL INSURANCE CO. LTD ..... Appellant Through: Mr.Arihant Jain, Advocate for Ms.Shantha Devi Raman, Advocate versus + MAC.APP. 51/2015, CM Nos.28655/2015 & 20436/2017 SMT. BIMLA & ORS Through: Mr.Kamaldeep, Advocate ........ RESPONDENTS BIMLA & ORS ..... Appellants Through: Mr.Kamaldeep, Advocate versus NATIONAL INSURANCE CO LTD ..... Respondent Through: Mr.Arihant Jain, Advocate for Ms.Shantha Devi Raman, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) 1. The above captioned two appeals are directed against Award of 22nd March, 2014 vide which compensation of `13,05,000/- with interest @ 9% per annum has been awarded to Claimants. In the above captioned first appeal, the Insurer seeks reduction of quantum of compensation granted, whereas in the above captioned second appeal, enhancement of compensation is sought by Claimant...


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