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Delhi Court February 2018 Judgments

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Feb 16 2018

Manif Alam vs.indian Institute of Technology, Delhi & Ors.

Court: Delhi

Decided on: Feb-16-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI WP(C) No.1158/2018 & CM No.4843/2018 $~ * + MANIF ALAM9h February, 2018 Reserved on: Date of Decision:16. h February, 2018 Through: Mr.Rashid ..... PETITIONER N.Azam with Mr.Manzar Anis, Advs. INDIAN INSTITUTE OF TECHNOLOGY, DELHI & ORS. versus ..... RESPONDENTS Through: Mr.Arjun Mitra with Ms.Jaskaran Kaur, Advs. and Mr.Atul Vyas, Jt.Registrar for R-1. Mr.Rajesh Gogna, CGSC for R-2 to 5. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J1 The... Petitioner, a physically-disabled student enrolled in M.Sc. Mathematics in Respondent No.1- Indian Institute of Technology, Delhi in academic year 2017-18, being aggrieved by order dated 09.01.2018 issued by Respondent No.1-Institute whereby his name has been struck- off from the student rolls of Respondent No.1-Institute immediately after WPC11582018 Page 1 of 15 the end of first semester of academic session 2017-18, has approached this court vide the present Writ Petition under Article 226 of the co...


Feb 16 2018

The Indian Institute of Planning and Management vs.m/s Delhi Press Pat ...

Court: Delhi

Decided on: Feb-16-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 3354/2015 THE INDIAN INSTITUTE OF PLANNING AND MANAGEMENT ..... Plaintiff Through Mr. Nishit Kush with Ms.Mercy Hussain, Advocates. versus M/S DELHI PRESS PATRA PRAKASHAN P. LTD. ANR Through Mr.Amit Gupta with Ms.Mansi ..... Defendants Kukreja, Advocates for D-1 to 4. Mr.Saransh Kumar with Mr.Madhavam Sharma, Advocates for D-6. % CORAM: HON'BLE MR. JUSTICE MANMOHAN Date of Decision:16. h February, 2018 JUDGMENT MANMOHAN, J: (Oral) I.A.No.13152/2017 1. Present application had been filed initially under Order XXXIX Rules 1 & 2 CPC read with Sections 94 and 151 CPC for issuance of a temporary injunction before the Civil Judge, Cachar, Silchar, Assam, but upon a transfer petition being allowed by the Apex Court the same has been renumbered as I.A.No.13152/2017 by the Registry of this Court. CS(OS) 3354/2015 Page 1 of 9 2. The relevant facts of the present defamation case are that the plaintiff is a society registered under the Societies...


Feb 16 2018

Ramesh Wati & Anr. Vs.har Narain

Court: Delhi

Decided on: Feb-16-2018

$~ IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :30. h January, 2018 Decided on :16. h February , 2018 + RC REV. 173-74/2005 RAMESH WATI & ANR. ..... Appellant Through: Mr. Suryakant Singla and Mr. Singh, Kumar Virender Advocates versus HAR NARAIN ..... Respondent Through: Mr. Manoj Kumar, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER1 This revision petition was preferred to bring a challenge to the judgment dated 12.07.2015 of the Additional Rent Controller (ARC) whereby the eviction petition (E-82/2003) instituted on 04.03.2003 by the petitioners seeking an order of eviction on the ground of bonafide need in terms of Section 14 (1)(e) of Delhi Rent Control Act, 1958 in respect of the premises described as one room measuring 15.6 x 13 alongwith veranda store measuring 6 x 7, open courtyard measuring 7.8 x 9.8, bathroom measuring 6 x 3 and a common latrine, as shown in colour red in site plan (Ex. PW1/1) forming part of house no.4537- 38, Arya Pura, Subzi Mandi, Delhi-110 ...


Feb 16 2018

Sant Ram Pandey vs.mahesh Rathore

Court: Delhi

Decided on: Feb-16-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SANT RAM PANDEY RFA No.660/2017 16th February, 2018 Mr. J.K. Tripathi, Advocate. ..... Appellant Through: versus MAHESH RATHORE CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.26664/2017 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.660/2017 2. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) by the plaintiff in the suit impugning the judgment of the Trial Court dated 20.3.2017 by which trial court has dismissed the suit for possession, arrears of rent, damages and permanent injunction with respect to the suit property RFA No.660/2017 Page 1 of 4 which as per the suit plaint is two rooms on the ground floor of property No.631-A, Gali No.12, Shaheed Bhagat Singh Colony, Karawal Nagar, Delhi.3. Admittedly, there is a relationship of landlord and tenant between the par...


Feb 16 2018

Tapesh Sharma vs.state of Nct of Delhi

Court: Delhi

Decided on: Feb-16-2018

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:09. 02.2018 Judgment delivered on:16.02.2018 + CRL.A. 485/2013 TAPESH SHARMA ..... Appellant Through Mr.M.L.Yadav, Adv. versus STATE OF NCT OF DELHI ..... Respondent Through Mr.Kewal Singh Ahuja, APP with SI Pankaj Tomar from P.S.Sarai Rohilla. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.For orders see Crl.A. 508/2011. FEBRUARY16 2018 ndn INDERMEET KAUR, J...


Feb 16 2018

Havells India Ltd vs.dilip Rathi

Court: Delhi

Decided on: Feb-16-2018

$~32 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:16. 02.2018 RFA102017 & CM APPL.245/2017 HAVELLS INDIA LTD ..... Appellant Through: Mr. R.S. Kela and Mr. Sanjeev Bindal, Adv. (Mob. 9810241752). DILIP RATHI Versus Through: None. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) ..... Respondent 1. This appeal impugns a judgment and decree dated 03.09.2016 passed by the Additional District Judge-16 (Central), Tis Hazari Court, Delhi, dismissing the appellants suit, inter alia, on the grounds that the suit was not properly instituted and that no case was made out apropos the facts pleaded. The question of law raised by the appellant is whether the suit was properly instituted i.e. whether it was signed by a person duly authorised to do so. The suit had been signed by one Mr. S.R. Arora, a functionary of the appellant company. Its resolution allegedly authorising him was recorded in the Minutes Book of the company. This book, although in possession of ...


Feb 16 2018

Vinay vs.the State (Govt. Of Nct) of Delhi

Court: Delhi

Decided on: Feb-16-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :18. h JANUARY, 2018 DECIDED ON :16. h FEBRUARY, 2018 CRL.A. 1044/2017 VINAY Through : Mr.Saurabh Kansal with Ms.Pallavi S.Kansal, Advocates. ..... Appellant versus THE STATE (GOVT. OF NCT) OF DELHI ..... Respondent Through : Mr.Ravi Nayak, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG + S.P.GARG, J.CRL.M.A.No.18697/2017 (Delay) 1. For the reasons mentioned in the application for condonation of delay in filing the appeal, the delay is condoned.2. The application for condonation of delay is disposed of. CRL.A. 1044/2017 & Crl.M.B.2021/2017 1. Challenge in this appeal is a judgment dated 23.02.2017 of learned Addl. Sessions Judge in Sessions Case No.58854/2016 arising out of FIR No.806/2015 PS Adarsh Nagar by which the appellant - Vinay was held guilty for committing offences punishable under Sections 354/354A/451 IPC and Section 10 POCSO Act. By an Crl.A. 1044/2017 Page 1 of 7 order dated 27.02.2017, the appellant was awarded various pris...


Feb 16 2018

Shankar @ Babu vs.state

Court: Delhi

Decided on: Feb-16-2018

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:09. 02.2018 Judgment delivered on:16.02.2018 + CRL.A. 1229/2011 SHANKAR @ BABU ..... Appellant STATE Through Mr.M.L.Yadav, Adv. versus ..... Respondent Through Mr.Kewal Singh Ahuja, APP with SI Pankaj Tomar from P.S.Sarai Rohilla. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.For orders see Crl.A.508/2011. FEBRUARY16 2018 ndn INDERMEET KAUR, J...


Feb 16 2018

Saji Varghese vs.govt. Of Nct of Delhi & Ors

Court: Delhi

Decided on: Feb-16-2018

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10588/2015 & CM No.26918/2015 SAJI VARGHESE ........ Petitioner Through: Mr Aman Gupta and Ms Neha Jain, Advocates. versus GOVT. OF NCT OF DELHI & ORS ........ RESPONDENTS Through: Mr Gautam Narayan, ASC, Mr R. A. Iyer and Ms Mahamaya Chatterjee, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1602.2018 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, impugning an order dated 03.09.2015 (hereafter the impugned order) passed by respondent No.2 (hereafter the Collector), whereby the Collector has computed the deficit stamp duty at `4,35,000/- and had also held that the petitioner would be liable to pay interest at the rate of 2% p.m. on compounded basis on the aforesaid deficit stamp duty from the date of execution of the Deed (i.e. 03.06.2013) till the date of preparing the challan. W.P.(C)10588/2015 Page 1 of 13 2. The principal controversy involved in the present petition relates to the method...


Feb 16 2018

Fci Executive Staff Union (Regd.) vs.uoi & Anr.

Court: Delhi

Decided on: Feb-16-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7320/2003 Date of Order: February 16, 2018 1. FCI EXECUTIVE STAFF UNION (REGD.) ........ Petitioner Through: Mr. Naresh Kaushik & Mr. Devik Singh, Advocates Versus UOI & ANR. ........ RESPONDENTS Through: Mr. Ajit Pudussery & Mr.Ajeet Singh Verma, Advocates for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Learned counsel for petitioner submits that this petition has been ORDER (ORAL) filed on behalf of Central Dearness Allowance (CDA) pattern employees who seek to exercise the option to switch over to Industrial Dearness Allowance (IDA) pattern of pay scales in view of Supreme Courts decision in Jute Corporation of India Officers Association Vs. Jute Corporation of India Ltd. & Anr. 1990 (3) SCC436 It is brought to the notice of this Court that the aforesaid decision of Supreme Court has been subsequently modified vide order of 25th January, 1993 (Annexure R-2 to the counter affidavit) to the effect that the option to switch ...



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