Delhi Court February 2018 Judgments
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Mr. Rohit Thakur and Anr. Vs.union of India and Anr.
Court: Delhi
Decided on: Feb-13-2018
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:13. 02.2018 W.P. (C) 1352/2018, CM APPL.5594-5595/2018 MR. ROHIT THAKUR AND ANR. ........ Petitioners Through: Mr. Pradeep Mittal, Advocate. versus UNION OF INDIA AND ANR. ........ RESPONDENTS Through: Mr. Ajay Digpaul, Advocate. CORAM:-"HON'BLE MR. JUSTICE RAJIV SHAKDHER % RAJIV SHAKDHER, J.(ORAL) CM APPL.5595/2018 (exemption) 1. Allowed, subject to all just exceptions. W.P. (C) 1352/2018, CM APPL.5594/2018 (seeking interim relief) 2. Issue notice. Mr. Ajay Digpaul accepts notice on behalf of the respondents. Counsel says that since the petitioner relies upon the judgment of another Single judge of this Court dated 12.1.2018, passed in W.P.(C)317/2018, titled: Rajesh Varma & Anr. v. Union of India & Ors., he does not wish to file a counter affidavit in the matter as the issue articulated therein is similar to the issue which arises for consideration in the present petition.3. To be noted, the petitioners claim to ha...
Komal & Ors. Vs.panchi Devi
Court: Delhi
Decided on: Feb-13-2018
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on :18. 12.2017 Date of Judgment:13. 02.2018 + KOMAL & ORS PANCHI DEVI R.F.A. 285/2017 ..... Appellants/Defendants. Through: Mr. D.B. Yadav & Ms. Pragya Verma, Advs. versus ... Respondent/Plaintiff. Through: Mr. Ajay Kumar Jha, Advocate. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.1. By this appeal, the appellants have challenged the impugned judgment and decree dated 10.08.2016 passed by the court of learned Additional District Judge-05, South-West District, Dwarka Courts, New Delhi (in short learned ADJ) against them by which Civil Suit No.86/2016 of the respondent/plaintiff for possession of the suit property was decreed.2. The brief facts of the case are that the respondent/plaintiff filed an indigent suit under Order XXXIII of the Code of Civil Procedure, 1908 (in short CPC) for possession of House No.395, Block No.F, Raj Nagar Extension, Ambedkar Marg, R.F.A. 285/2017 Page 1 of 8 Raj Nagar-II, Palam Colony, ...
Thai Airways International Public Company Ltd. Vs.gurvinder Singh
Court: Delhi
Decided on: Feb-13-2018
$~13 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:13. 02.2018 W.P. (C) 7762/2015 THAI AIRWAYS INTERNATIONAL PUBLIC COMPANY LTD. ........ Petitioner Through: Ms.Ratna Dwivedi Dhingra and Ms.Bhavna Dhami and Mr.Ajay Pratap Singh, Advocates. versus GURVINDER SINGH ..... Respondent Through: Mr.Rajat Arora, Advocate CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(ORAL) 1. The jurisdication of this Court has been invoked by the petitioner under Article 226 and 227 of the Constitution of India challenging the order dated 27.05.2015 passed by the Assistant Labour Commissioner who is the Controlling Authority under The Payment of Gratuity Act, 1972 (in short the Controlling Authority) in a Claim Petition No.ALC-I/36(457) of 2013 whereby the petitioner was directed to pay to the respondent a sum of Rs.1,01,538/- as balance gratuity along with interest @10% per annum from 03.02.2006 till the date of payment.2. The brief facts of the case are that the Government of NCT of De...
Hari Om Sharma vs.ghan Shyam Dass Sharma and Ors
Court: Delhi
Decided on: Feb-13-2018
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + Reserved on :3. d January, 2018 Date of decision :13th February, 2018 RFA9742016 HARI OM SHARMA ..... Appellant Through : Mr. Sunil Kumar, Advocate (Previous) Mr. P.K. Jain & Mr. Mukesh Verma, Advocates. Appellant in person. versus GHAN SHYAM DASS SHARMA AND ORS ........ RESPONDENTS Through : Mr. Gaurav Yadav, Advocate for R1A/ Ms.Triveni Devi and R3/Smt.Kamlesh. Mr. Anuj/R2A in person for himself and for Ms.Veena/ R2B & Ms.Deepa/R2C. Mr. Santosh Pratap, Advocate for R4. Mr.Vikas Tyagi, Bidder. CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 Ghan Shyam Dass Sharma (hereinafter, D1) purchased property No.1/3581, Gali No.3, Ram Nagar, Loni Road, Shahdara, Delhi 110032 area measuring 120 sq. yds (hereinafter, suit property). He had five children i.e. three sons and two daughters. They are as follows: i. Suresh Chand Sharma (hereinafter, Plaintiff) ii. Subhash Chand Sharma (hereinafter, D2) RFA9742016 Page 1 of 13 iii. Hari Om...
M/S. Pankhuri Investments & Securities Limited & Ors. Vs.m/s. S. E. In ...
Court: Delhi
Decided on: Feb-13-2018
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + + FAO (OS) COMM1212017, CM APPLS. 20780/2017, 20782/2017 & 27338/2017 FAO (OS) COMM1222017 & CM APPL. 20905/2017 (stay) Reserved on :12. h December, 2017 Date of decision :13. h February, 2018 M/S. PANKHURI INVESTMENTS & SECURITIES LIMITED & ORS. Through: Ms. Anita Sahani, Advocate. ..... Appellants versus M/S. S. E. INVESTMENTS CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH Advocates. Through: Mr. P. Nagesh and Mr. Dhruv Gupta, ..... Respondent JUDGMENT Prathiba M. Singh J., The only question raised in the present appeals is as to whether the compromise recorded by the Single Judge in orders dated 17th March, 2017, 24th March, 2017 and 26th April, 2017, is valid and legal as per the provisions of Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC, for short), and whether the same was entered into with the consent of the parties. The orders dated 17th March, 2017 and 24th March, 2017 in OMP5302016 ...
Pradeep Chander vs.indraprastha Power Gen. Co. Ltd. And Ors
Court: Delhi
Decided on: Feb-13-2018
$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of order: February 13, 2018 W.P.(C) 1343/2018 & CM Nos.5561-62/2018 PRADEEP CHANDER Through: Mr.Chander Prakash, Advocate ........ Petitioner versus INDRAPRASTHA POWER GEN. CO. LTD. AND ORS Through: Mr.R.K.Vats, Advocate for R-1 and R-2 ......... RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1. Vide impugned order of 28th December, 2016 (Annexure P-21), petitioner has been sent on new assignment as Deputy Manager (IT)-PPS- III, Bawana against which petitioner had made a representation (Annexure P-29) on 29th October, 2017 i.e. after about one year. The grievance of petitioner is that his Representation (Annexure P-29) has not been decided till date. Learned counsel for petitioner relies upon a decision of a coordinate Bench of this Court in 2015 SCC Online Del 8589 Sh.M.K.Saini Vs. Indraprashta Power Generation Co.Ltd. (IPGCL) to submit that the impugned transfer is illegal.2. In the facts and circumstances of thi...
A B Grain Spirits Pvt Ltd & Anr vs.government of National Capital Terr ...
Court: Delhi
Decided on: Feb-13-2018
IN THE HIGH COURT OF DELHI AT NEW DELHI * + W.P.(C) 1384/2018 & CM APPL. 5742-5743/2018 A B GRAIN SPIRITS PVT LTD & ANR Decided on:13. 02.2018 ........ Petitioners Through: Mr. Tanmaya Mehta, Adv. with Mr. Ankit Virmani, Mr. Jyoti Prakash Sahu, Ms. Rinkel Singh, Advs. versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI ..... Respondent Through: Mr. Ramesh Singh, Standing Counsel with Mr. Aniruddha Deshmukh, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA S. RAVINDRA BHAT, J.1. The writ petitioner is aggrieved by the tender conditions introduced by the respondent, the Government of NCT of Delhi (hereafter NCT) and challenges them as unduly restrictive, opposed to competition and violative of Article 14 of the Constitution of India.2. The petitioners claim to be under a common management of Adie Broswon Group; they are existing concessionaries operating a fleet of buses in four clusters. The first petitioner operates three clusters and the second pe...
Hsil Limited vs.gujrat Ceramic Industries
Court: Delhi
Decided on: Feb-13-2018
$~4,5&6 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 1082/2016 & IAs No.9787/2016 (under Order XXXIX Rules 1&2 CPC), 14190/2016 (under Order XXXIX Rule 2A CPC), 15316/2016 (under Order I Rule 10 CPC), 15317/2016 (under Order VII Rule 10 CPC), 15318/2016 (under Order VII Rule 11 CPC), 917/2017 (under Order XXXIX Rule 4 CPC), 13696/2017 (under Section 151 CPC), 14013/2017 (under Order VI, Rule 17 CPC) & 14088/2017 (under Order XI Rule 1(5) CPC) + HSIL LIMITED ..... Plaintiff Through: Mr. Manav Gupta, Ms. Prabhsahay Kaur, Ms. Esha Dutta & Mr. Sahil Garg, Advs. IMPERIAL CERAMIC AND ANR Versus ..... Defendants Through: Ms. Meera Kaura Patel & Ms. Lata Singh, Advs. AND CS(COMM) 1087/2016 & IAs No.9818/2016 (under Order XXXIX Rules 1&2 CPC), 15291/2016 (under Order VII Rule 10 CPC), 15292/2016 (under Order VII Rule 11 CPC) , 914/2017, 13692/2017 (under Section 151 CPC), 14014/2017 (under Order XI Rule 1(5) & 14015/2017 (under Order VI Rule 17 CPC) HSIL LIMITED ..... Plaintiff Through:...
Prakash Malhotra vs.jitender Malhotra & Anr
Court: Delhi
Decided on: Feb-13-2018
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :02. d February, 2018 Date of decision :13. h February 2018 + RFA5322017 & CM APPL.19965/2017 (Stay) PRAKASH MALHOTRA ..... Appellant Through: Mr. S.C. Singhal, Advocate. versus JITENDER MALHOTRA & ANR ........ RESPONDENTS Through: Mr. C.M. Sharma, Advocate. CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.1. The Appellant/Plaintiff (hereinafter Plaintiff) filed a suit for specific performance, possession and permanent injunction in respect of property bearing Shop No.35, Edward Lines, Kingsway Camp, Delhi-110009 measuring 23.8 sq. yds. The property consisted of a built up portion of ground, first and second floor. Agreement to sell dated 23rd September, 2006 (Ex.P-1) was entered into between the Plaintiff and the... RESPONDENTS/Defendants (hereinafter Defendants) for a consideration of Rs.60,00,000/- (Rupees Sixty Lakhs Only). At the time of signing of the agreement, a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only)...
Ram Prasad vs.land Acquisition Collector and Ors
Court: Delhi
Decided on: Feb-13-2018
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:13. h February, 2018 + W.P.(C) 7296/2016 RAM PRASAD ........ Petitioner Through: Mr.Pankaj Vivek with Ms.Manpreet and Mr.Atul Tripathi, Advocates. versus LAND ACQUISITION COLLECTOR & ORS ........ RESPONDENTS Through: Mr.Yeeshu Jain, Standing Counsel for respondent/LAC. Mr.Shashwat Anand, Advocate Mr.Shantanu Sagar, Advocate for respondent no.2. Mr.Virender Pratap Singh Charak and Ms.Shubhra for respondent no.4/UOI. Parashar, Advocate for CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. With the consent of the parties, the present writ petition is set down for final hearing and disposal.2. This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to the land i.e. residential plot measuring 100 square yards out of Khasra No.628/2(3-05) and 631/2(4-12) situated in the ...
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