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Delhi Court February 2018 Judgments

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Feb 28 2018

p.n. Flowers vs.m/s Ferns & Petals Pvt. Ltd. & Ors

Court: Delhi

Decided on: Feb-28-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Crl.M.C.No.1968/2015 Judgment reserved on :17. 01.2018 Date of decision :28. 02.2018 P.N. FLOWERS ........ Petitioner Through: Ms. Ananya Bhattacharya, versus Advocate M/S FERNS & PETALS PVT. LTD. & ORS......... RESPONDENTS Through: CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. Vide the present petition Crl. M.C. 1968/2015, the petitioner P.N. Flowers through its proprietor Mr. Pulkit Gera assails the impugned order dated 04.04.2015 of the ASJ-01, West, Tis Hazari Courts whereby in CR No.the order dated 21.07.2014 of the MM concerned in CC No.141/P/14 vide which the complaint CC No.141/P/14 filed by the petitioner under Sections 409/420/120B IPC, 1860 was dismissed, was upheld observing to the effect that there was no illegality, infirmity or perversity therein observing to the effect that there was no reason to summon the persons arrayed as the proposed accused for the offences alleged inasmuch as the petitioner was adm...


Feb 28 2018

State vs.sanjay Sangwan

Court: Delhi

Decided on: Feb-28-2018

$~4 * + IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : FEBRUARY28 2018 CRL.L.P. 10/2014 & Crl.M.A.106/2014 (Delay) STATE ........ Petitioner Through : Mr.Amit Chadha, APP. versus SANJAY SANGWAN CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Mr.Siddharth Handa, Advocate. ..... Respondent S.P.GARG, J.(ORAL) 1. Present Leave petition has been filed by the State to file appeal against the order dated 16.01.2013 in Complaint Case No.103/2006 titled State vs. Amar Singh & Anr. whereby the respondent was acquitted of the charge. The State has also filed Crl.M.A.106/2014 for condonation of delay in filing the leave petition. It is seriously contested by the respondent.2. I have heard the learned counsel for the parties and have examined the file.3. Learned APP for the State urged that the delay has been duly explained. Learned counsel for the respondent urged that the impugned order was passed on 16.01.2013 and the present leave petition has been filed after an inordinate delay on 06.01.2...


Feb 28 2018

Surinder Singh vs.delhi High Court & Ors.

Court: Delhi

Decided on: Feb-28-2018

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :28. 02.2018 + W.P(C) 6149/2017 SURINDER SINGH ........ Petitioner Through Mr.Rajat Aneja with Ms.Chandrika Gupta, Advs. versus DELHI HIGH COURT & ORS. ........ RESPONDENTS Through Mr.Siddharth Aggarwal with Chhibber Ms.Rupali Samuel, Advs for R-1/DHC. Mr.Ankur Mr.A.S.Aggarwal, Advs R-2 & 3. Mr.Surya Kumar, Judicial Assistant, O/o.District Judge (NE). with for CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA A.K. CHAWLA, J.(ORAL) By the petition filed under Article 226 of the Constitution of 1. India, the petitioner seeks judicial review of the order dated W.P(C) 6149/2017 Page 1 of 11 03.08.2013 passed by the Ld. District & Sessions Judge (NE) imposing penalty of removal from service upheld by the Appellate Authority vide order dated 16.01.2017 (in short 'the impugned orders').2. Concisely, the facts emerging from the record are that the petitioner was initially appointed on ad-hoc basis as Peon...


Feb 28 2018

Bhagwat Prasad vs.ramesh Chand

Court: Delhi

Decided on: Feb-28-2018

$~21 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:28. 02.2018 RSA2192016 BHAGWAT PRASAD ..... Appellant Through: Ms. Nishtha Garg, Advocate. Versus RAMESH CHAND ..... Respondent Through: Mr. Rajat Aneja and Ms. Nisha Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) RSA2192016 & CM APPL. 29381/2016 1. The appellant had filed a suit for possession of the property bearing No.1/4279-B-l, Ram Nagar Extension, Mandoli Road, Shahdara, Delhi- 110032 admeasuring 20 sq. yds. The suit was decreed on 17.04.2010. In appeal, the First Appellate Court set aside the decree. The latter decision was upheld by this Court but in an SLP, the Supreme Court held that the Trial Court lacked jurisdiction and it permitted the appellant/plaintiff to initiate proceedings for specific performance of the contract. A second round of litigation ensued. The suit was dismissed on the grounds that it was in contravention to Order 2 Rule 2 of the CPC, that it was ba...


Feb 27 2018

Dal Chand Gautam vs.panickers Travels India Pvt. Ltd.

Court: Delhi

Decided on: Feb-27-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.184/2018 & CMs. 6356-6360/2018 + % DAL CHAND GAUTAM Reserved on :22. d February, 2018 Pronounced on :27. h February, 2018 ..... Appellant Through: Mr. S.N.Bhardwaj and Ms. Harsha Rani, Advocates. versus PANICKERS TRAVELS INDIA PVT. LTD. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J1 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 24.8.2017 by which the trial court has dismissed the suit for recovery of damages of Rs.9,51,775/- filed by the appellant/plaintiff against the respondent/defendant no.1. Appellant/plaintiff sought compensation on account of the claim of the appellant/plaintiff that his property was RFA No.184/2018 Page 1 of 15 damaged on account of construction being made by the respondent/defendant no.1 in its property.2. The facts of...


Feb 27 2018

Amit @ Bunty vs.state

Court: Delhi

Decided on: Feb-27-2018

$~6-15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1310/2014 SURENDER @ DHEERAJ ..... Appellant Decided on:27. h February, 2018 STATE versus Through: Mr. Bharat Sharma, Advocate. Through: Ms. Radhika Kolluru, APP for State ..... Respondent CRL.A. 1327/2014 SUBRAMANYAN RAJA ..... Appellant STATE versus Through: Mr. K. Singhal, Advocate. Through: Ms. Radhika Kolluru, APP for State ..... Respondent CRL.A. 1340/2014 AMIT @ BUNTY ..... Appellant STATE NEERAJ STATE Through: Mr. Sumit Kumar, Advocate Through: Ms. Radhika Kolluru, APP for State ..... Respondent versus CRL.A. 1366/2014 ..... Appellant Through: Mr. Bharat Sharma, Advocate. Through: Ms. Radhika Kolluru, APP for State ..... Respondent versus + + + Crl A1310of 2014 and batchmatters Page 1 of 55 + + + + + CRL.A. 1432/2014 SHRIKANT @ APPU ..... Appellant Through: Ms. Bharat Sharma with Ms.Sonika, Advocates. STATE versus Through: Ms. Radhika Kolluru, APP for State ..... Respondent CRL.A. 1437/2014 RAJENDER PRASAD @ SHALU ..... ...


Feb 27 2018

Shyam Sunder Sharma & Anr. Vs.delhi Jal Board & Ors

Court: Delhi

Decided on: Feb-27-2018

$~23 * % + W.P.(C) 11413/2015 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:27. h February, 2018 SHYAM SUNDER SHARMA & ANR. ........ Petitioners Through: Mr. Sanjev Mehta, proxy counsel for Ms. Aruna Mehta, Advocate versus DELHI JAL BOARD & ORS ........ RESPONDENTS Through: Mr. Sushil Kumar Singh and Ms. Sahiba Pantel, Advs. on behalf of Ms. Sangeeta Bharti, ASC for R1/DJB. Ms. Sangeeta Bharti, ASC for Delhi Jal Board Mr. Ravi Gupta, Senior Advocate with Mr. Arnav Vidyarthi, Advocates for BSES Mr. Arjun Pant, Advocate for DDA Mr. Satyakam, ASC for GNCTD with Mr. Shashwat Parihar, Advocate with and Mr. Manoj Kumar, Electrical Oficer, ASI Tulli Ram, P.S. Badarpur Mr. Kapil Dutta and Mr. Ajjay Aroraa, Advocates for SDMC. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The petitioners are the parents of Master Saurabh Sharma who died due to electrocution on 15th August, 2015. The petitioners are seeking compensation for the death of their son, Saurabh. W.P.(C) 11413/201...


Feb 27 2018

Harinder Pal Singh vs.krishak Bharti Cooperative Ltd

Court: Delhi

Decided on: Feb-27-2018

$~5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:27. h February, 2018 HARINDER PAL SINGH RFA5832015 ..... Appellant Through: Mr. D.D. Singh, Advocate & Mr. (M- Navdeep Singh, Advocates 9891246248). KRISHAK BHARTI COOPERATIVE LTD versus ..... Respondent Through: Ms. Surekkha Raman, Advocate (M- 9818392502). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present appeal arises out of a suit for possession and mesne profits filed by the Appellant/Plaintiff (hereinafter Plaintiff) against the Respondent/ Defendant (hereinafter, Defendant). Lease deed dated 12th January, 1982 was entered into between the predecessors of the Plaintiff with the Defendant. The admitted rent as per the lease deed was Rs.5,911/- per month. The Defendant was paying rent to the predecessors of the Plaintiff. The Plaintiff had purchased the property from the predecessors in 1996 but the mutation in his favour took place only in 2006. Since the Defendant did not pay the rent to th...


Feb 27 2018

Convention Hotels India Private Limited vs.ager Hotels Group Limited & ...

Court: Delhi

Decided on: Feb-27-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:05. h February, 2018 Pronounced on:27. h February, 2018 + O.M.P. (COMM) 37/2016, IA No.1903/2016 CONVENTION HOTELS INDIA PRIVATE LIMITED Through : Mr.Shailesh Madiyal and Mr.Sudhanshu Prakash, Advs. ........ Petitioner versus AGER HOTELS GROUP LIMITED & ORS......... RESPONDENTS Through : Mr.Amar Dave, Ms.Sonia Nigam, Sharma, Ms.Neha and Mr.Rajan Mr.Arjun Khandelwal Karanjawala, Advs. for R-1 & 2 CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenges the award dated 6.10.2015 passed by the arbitral tribunal. The brief gist of transactions contemplated under the Share Subscription Agreement hereinafter referred as SAS interalia were agreed to between the parties as under:1. Rights/obligations of Ager Mauritius [respondent No.1]. (i) Ager Mauritus was to subscribe to shares of CHI by paying Rs. 27.15 O.M.P. (COMM.) 37/2016 Page 1 of 30 Cr...


Feb 27 2018

Sanjeev Mathur and Ors. Vs.union of India and Anr.

Court: Delhi

Decided on: Feb-27-2018

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgement:27th February, 2018 + W.P.(C) 6200/2016 SANJEEV MATHUR & ORS. .....Petitioners Through: Mr. S. Chaturvedi with Ms. Ruchi Bansal Advocates. Versus UNION OF INDIA & ANR. Through: Ms. Ruchika Rathi .....Respondents for L&B/LAC, Advocates. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J (ORAL) 1. With the consent of the parties, the Writ Petition is set down for final hearing and disposal.2. This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings in respect of the land of the petitioner admeasuring 1 Bigha 5 Biswas comprised in Khasra No.17/21/2(2-03) situated in the revenue estate of village Pansali, New Delhi (hereinafter referred as the 'subject land') stand lapsed in view of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Reset...


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