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Delhi Court February 2018 Judgments

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Feb 21 2018

Adarsha Tractors, & Ors. Vs.new Holland Fiat (India) Private Limited

Court: Delhi

Decided on: Feb-21-2018

$~52 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t February, 2018 O.M.P. (COMM) 85/2018 & IAs 2479-2480/2018 ADARSHA TRACTORS, & ORS. ........ Petitioners Through: Mr.Yogesh Raavi, Adv. versus NEW HOLLAND FIAT (INDIA) PRIVATE LIMITED ..... Respondent Through: Nemo CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) IA24792018 Exemption allowed subject to all just exceptions. IA24802018 This is an application seeking condonation of 9 days delay in re-filing the petition. For the reasons stated in the application, the delay of 9 days is condoned. Application stands allowed. O.M.P.(COMM.) 85/2018 & IA24802018 1. This is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) challenging the arbitral award dated 29th September, 2017 passed by O.M.P. (COMM) No.85/2018 Page 1 of 9 the Sole Arbitrator in the arbitration proceedings between the parties.2. The dispute between the parties arise out of the rela...


Feb 21 2018

Krishan Kumar and Ors. Vs.registrar of Companies, Nct of Delhi and Har ...

Court: Delhi

Decided on: Feb-21-2018

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:21. February 2018 + KRISHAN KUMAR AND ORS. W.P.(C) 801/2018 & CM No.3453/2018 ........ Petitioners Through : Mr. Amit Dayal, Adv. versus REGISTRAR OF COMPANIES, NCT OF DELHI AND HARYANA AND ANR. ...... RESPONDENTS Through : Ms. Shreya Sinha, Adv. CORAM:-"HON'BLE MR. JUSTICE RAJIV SHAKDHER % RAJIV SHAKDHER, J.(ORAL) 1. Notice in this petition was issued on 29.11.2018 when Ms. Shreya Sinha entered appearance on behalf of the respondents. On the last date of hearing, learned counsel for the respondents had taken time to take instructions in the matter.2. In view of the fact that the petitioners relied upon the judgment of this court dated 21.12.2017, passed in W.P.(C)No.11381/2017, titled Sandeep Singh & Anr. v. Registrar of Companies & Ors. to secure relief of similar nature, by the very same order, the impugned list i.e., Annexure P-1 was also stayed insofar as the petitioners were concerned. W.P. (C) 801/2018 Page 1 o...


Feb 21 2018

Association of School Vendors & Ors. Vs.central Board of Secondary Edu ...

Court: Delhi

Decided on: Feb-21-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.7414/2017 & C.M.Nos.30616/2017 & 30617/2017. 9th February, 2018. Date of Decision:21. t February, 2018. Reserved on: ASSOCIATION OF SCHOOL VENDORS & ORS. Through: Mr.Tanmaya Mehta Mr.S.Anand, Advs. .... PETITIONERS with Versus CENTRAL BOARD OF SECONDARY EDUCATION & ORS. .....RESPONDENTS Through: Mr.Amit Bansal, Adv. with Ms.Manisha Singh, Adv. for R-1/CBSE. Ms.Isha Khanna, Adv. with Ms.Anam Ahmed, Adv. for GNCTD. + WP(C) No.10052/2017& C.M.No.41018/2017. PARENTS-STUDENTS WELFARE ASSOCIATION ....PETITIONER Through: None. Versus THE DIRECTORATE OF EDUCATION & ANR. Through: Mr.Gautam .....RESPONDENTS Narayan, Adv.for R-1. Mr.Amit Bansal, Adv. with Ms.Manisha Singh, Adv for CBSE. W.P.(C)7414-2017 with WP(C) No.10052/2017 Page 1 of 40 CORAM: HON'BLE MS. JUSTICE REKHA PALLI JUDGMENT REKHA PALLI, J1 The present writ petitions involve inter-related issues, though the prayers made therein are diametrically opposite and are accordingly bein...


Feb 21 2018

e.i. Du Pont De Nemours and Company & Anr vs.p. Srinivasa Rao & Ors.

Court: Delhi

Decided on: Feb-21-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 401/2016 E.I. DU PONT DE NEMOURS AND COMPANY & ANR ..... Plaintiffs Through: Ms.Kripa Pandit with Mr.Dhruv versus Nayar, Advocates. P. SRINIVASA RAO & ORS. Through: None .....Defendants % CORAM: HON'BLE MR. JUSTICE MANMOHAN Date of Decision:21. t February, 2018 JUDGMENT MANMOHAN, J: (Oral) I.A.No.20699/2014 Present application has been filed by defendant no.8 under Order VII Rule 10 CPC along with I.A.No.21562/2014 under Order VII Rule 11 CPC. Pursuant to defendant no.8s statement before this Court as recorded vide order dated 18th January, 2018, the present suit stands decreed against defendant no.8. Accordingly, the present application has become infructuous and it accordingly stands disposed of. CS (COMM) 401/2016 Page 1 of 13 I.A.No.2178/2017 Present application has been filed by defendant no.1 under Order VII Rule 11 with Section 151 CPC. Pursuant to the defendant no.1s statement as recorded vide order dated 18th January, 201...


Feb 21 2018

Kalewar Mukhiyar vs.punjab National Bank and Ors

Court: Delhi

Decided on: Feb-21-2018

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Order : February 21, 2018 W.P.(C) 1635/2018 & CM No.6712/2018 KALEWAR MUKHIYAR Through: Mr.Deepak Singh, Advocate ........ Petitioner versus PUNJAB NATIONAL BANK AND ORS ........ RESPONDENTS Through: Mr.Rajesh Kumar and Mr.V.Govinda Ramanan, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1.... Petitioner was compulsorily retired on 23rd October, 2010 and he challenges impugned order of 3rd February, 2012 (Annexure P-2) whereby two-third pension i.e. `6,76,905/- was credited to his account.2. Learned counsel for petitioner submits that petitioner had made several Representations to respondents to seek full pension instead of 2/3rd pension and the said Representations have not been responded to, thereby compelling petitioner to serve a legal notice of 5th September, 2017 (Annexure P-7) upon respondents. It is further submitted that there is no response to the said legal notice also.3. Learned counsel for respondents...


Feb 21 2018

Cit, Delhi vs.m/s. Motor and General Finance Limited

Court: Delhi

Decided on: Feb-21-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:09. 11.2017 Pronounced on:21. 02.2018 ITA3782004 COMMISSIONER OF INCOME TAX, DELHI . Appellant versus M/S. MGF INDIA LTD. .... Respondent And connected matter: + ITA762007 Through: Sh. Rahul Chaudhary, Advocate, for appellant. Through: Sh. Satyen Sethi, Sh. Arta Trana Panda and Ms. Gargi Sethee, Advocates, for respondent. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA MR. JUSTICE S. RAVINDRA BHAT % 1. The appeal is dismissed. For detailed judgment, the decision dated 21.02.2018 in ITA3782004 may be referred to. S. RAVINDRA BHAT (JUDGE) SANJEEV SACHDEVA (JUDGE) FEBRUARY21 2018 ITA3782004 & ITA762007 Page 1 of 1...


Feb 21 2018

Dinkar Mukul vs.union of India & Ors

Court: Delhi

Decided on: Feb-21-2018

$~28,32,33,34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:21. 2.2018 28 + W.P.(C) 1661/2018 & CM APPL. 6831-6833/2018 32 ARTI VERMA ........ Petitioner Through : Mr. Jasmeet Singh, Mr. Naman Jain, Joshi, Mr. Hemant Advocates versus UNION OF INDIA & ORS ..... Respondent Through : Mr. Vinod Diwakar, CGSC for R1 and R2. + W.P.(C) 1666/2018 & CM APPL. 6843-6845/2018 GAURAV GUPTA ........ Petitioner Through : Mr. Jasmeet Singh, Mr. Naman Jain, Joshi, Mr. Hemant Advocates versus UNION OF INDIA & ORS ..... Respondent Through : Mr. Vinod Diwakar, CGSC for R1 and R2. W.P. (C) 1661,1666,1667,1668/2018 Page 1 of 4 33 + W.P.(C) 1667/2018 & CM APPL. 6846-6848/2018 RITESH KUMAR VERMA ........ Petitioner Through : Mr. Jasmeet Singh, Mr. Naman Jain, Joshi, Mr. Hemant Advocates versus UNION OF INDIA & ORS ..... Respondent Through : Mr. Vinod Diwakar, CGSC for R1 and R2. 34 + W.P.(C) 1668/2018 & CM APPL. 6849-6851/2018 DINKAR MUKUL ........ Petitioner Through : Mr. Jasmeet Singh, Mr...


Feb 21 2018

Ashok Kumar & Ors. Vs.govt. Of Nct of Delhi & Ors.

Court: Delhi

Decided on: Feb-21-2018

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:21. t February, 2018 + W.P.(C) 631/2016 ASHOK KUMAR & ORS. GOVT. OF NCT OF DELHI & ORS. versus ........ Petitioners Through: Mr.Anirudh Ahuja, Advocate ........ RESPONDENTS Through: Ms.Astha Tyagi and Ms.Urmiljeet Kaur, Advts for LAC/L&B. Mr.Dhanesh Relan, standing counsel for DDA with Ms.Kajri Gupta, adv. CORAM: 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 the Constitution of India filed by the petitioners. The petitioners seek a declaration that the acquisition proceedings initiated with respect to land comprised in Khasra nos.2/22 min (0-12), min (1-10) measuring 2 bighas 02 biswas, situated in the revenue estate of village Kirari, Suleman Nagar (Patti Nithari), Delhi (hereinafter referred to as the subject land) is deemed to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acq...


Feb 21 2018

s.s. Group pvt.ltd. Vs.lt. Col. h.s. Bedi (Retd.) & Anr.

Court: Delhi

Decided on: Feb-21-2018

$~51 & 10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t February, 2018 + O.M.P. (COMM) 84/ 2018 S.S. GROUP PVT.LTD. ........ Petitioner Through: Mr.Aashish Chopra, Mr.Ajiteshwar Singh and Ms.Shreya Gupta, Advs. versus LT. COL. H.S. BEDI (RETD.) & ANR. ........ RESPONDENTS Through: Mr.Ashim Vachher and Mr.Vaibhav + O.M.P. (COMM) 386/2017 Dabas, Advs. LT. COL.(RETD.) H.S BEDI & ANR. ........ Petitioners Through: Mr.Ashim Vachher and Mr.Vaibhav Dabas, Advs. versus M/S NORTH STAR APARTMENT PVT. LTD. & ANR. Through: Mr.Aashish Chopra, Mr.Ajiteshwar Singh and Ms.Shreya Gupta, Advs. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) I.A. Nos.2476-77/2018 in OMP (Comm) 84/2018 Exemption allowed subject to all just exceptions. OMP (COMM) 84/2018 & 386/2017 Page No.1 I.A. No.2475/2018 in OMP (Comm) 84/2018 1. This is an application seeking condonation of delay in re-filing of the petition.2. As the respondents has also challenged the Award by w...


Feb 21 2018

Yogita Chauhan vs.directorate of Education, Gnctd

Court: Delhi

Decided on: Feb-21-2018

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Order : February 21, 2018 W.P.(C) 1673/2018 & CM Nos.6885-88/2018 YOGITA CHAUHAN ........ Petitioner Through: Mr.Roopenshu Pratap Singh, Advocate versus DIRECTORATE OF EDUCATION, GNCTD ..... Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Through: Nemo 1. ORDER (ORAL)... Petitioner claims that she was selected as a Guest Teacher- PGT (Hindi) on 30th January, 2018 and that she had a caesarean delivery on 28th January, 2018. It is the case of petitioner that Maternity Benefit Act, 1961, as amended in the year 2017, has been extended to all Guest Teachers and so petitioner cannot be deprived of the provisions of Maternity Benefit Act, 1961. It is submitted on behalf of petitioner that respondent has refused to issue joining letter to petitioner and thereby has denied the benefits accruing under the Maternity Benefit Act, 1961.2. A mandamus is sought to respondent to issue joining letter to petitioner and to grant the benefit of t...


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