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Delhi Court February 2018 Judgments

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Feb 13 2018

Naval Kishore @ Bobby vs.state

Court: Delhi

Decided on: Feb-13-2018

$~3 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1162/2017 & CRL.M (B) 2231/2017 NAVAL KISHORE @ BOBBY ..... Appellant Through: Mr. K. Parameshwar, Advocate with Mr.Yogesh Ahirao, Advocate. versus CORAM: JUSTICE S.MURALIDHAR STATE Through: Ms.Radhika Kolluru, APP for State. ..... Respondent JUSTICE I.S. MEHTA % ORDER1302.2018 Dr. S. Muralidhar, J.:1. This appeal is directed against judgment dated 12th September, 2017 passed by the learned Additional Sessions Judge, North District, Rohini Courts in Sessions Case No.23/2017 arising out FIR No.514/2016 registered at Police Station (PS) Bhalaswa Dairy under Section 302 IPC convicting the Appellant for the said offence and the order on sentence dated 19th September, 2017 sentencing the Appellant to rigorous imprisonment for life and fine of Rs.5,000/- and in default of payment of fine to undergo simple imprisonment for a period of six months. Case of the prosecution 2. The case began with a call being received at the Police Control Ro...


Feb 13 2018

Ishwar Chand Saini & Ors vs.govt. Of Nct of Delhi & Ors

Court: Delhi

Decided on: Feb-13-2018

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6856/2014 & CM No.16180/2014 ISHWAR CHAND SAINI & ORS ........ Petitioners Through: Mr N. S. Vashisht and Mr Rakesh Saini and Ms Jyoti Kataria Bajaj, Advocates. versus GOVT. OF NCT OF DELHI & ORS ........ RESPONDENTS Through: Ms Urvi Kuthiala with Ms Varinda Kapoor, Advocates for R-3/DDA. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1302.2018 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, impugning a communication dated 23.06.2014 (hereafter the impugned order) passed by the Deputy Secretary (ALT), Land & Building Department, Government of NCT of Delhi, whereby the petitioners application for an alternate plot in lieu of certain acquisition of certain lands, was rejected. The petitioners claim that that they are entitled for allotment of an alternative plot based on the right of their predecessor late Shri Durga Prasad.2. The petitioners state that Shri Phoru Singh owned agricultural land bearing Kh...


Feb 13 2018

Surinder Kumar Gupta vs.bank of Baroda, Through: Its Chairman

Court: Delhi

Decided on: Feb-13-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 13, 2018 + W.P.(C) 1320/2018 & C.M. 5523/2018 1. SURINDER KUMAR GUPTA ........ Petitioner Through: Mr. Harshbir Singh Kohli, Advocate Versus BANK OF BARODA, THROUGH: ITS CHAIRMAN Through: Mr. Bhupendra Singh Chauhan, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Impugned Order of 18th September, 2017 (Annexure-A) rejects petitioners Representation seeking to join Pension Scheme while opting to give up the provident fund amount received by him by relying upon Settlement/ Joint Note of 27th April, 2010 between Indian Banks Association (IBA) and Workmen Union/Officers Organization.2. Impugned order takes note of the fact that petitioner had represented to Indian Banks Association to seek pension but his plea has been brushed aside while noting that no response has been received from IBA. This assumes importance in view of the fact that respondent-Bank vide Communication of 26th November, 2014 ...


Feb 13 2018

Pankaj Jain vs.lt. Governor of Delhi and Ors.

Court: Delhi

Decided on: Feb-13-2018

$~20 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:13. h February, 2018 + W.P.(C) 8261/2015 PANKAJ JAIN ........ Petitioner Through: Ms. Esha Mazumdar and Mr. Setu Niket, Advocates. versus LT. GOVERNOR OF DELHI & ORS. ........ RESPONDENTS Through: Mr. Yeeshu Jain, Standing Counsel for LAC/L&B with Ms. Jyoti Tyagi, Advocate. Mr. Dhanesh Relan and Ms. Akshita Manocha, Advocates for DDA. 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. The petitioner seeks quashing of notification No.10(29)/96/L&B/LA11394dated 27.10.1999 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act). The subject matter of this writ petition is land comprised in Khasra No.3(0-11) situated in village Shahbad Daulatpur, Delhi.3. Some necessary facts which are required to be noticed for disposal of this ...


Feb 13 2018

M/S Michigan Rubber (India) Ltd vs.union of India & Anr.

Court: Delhi

Decided on: Feb-13-2018

$~18 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 13.02.2018 FAO522018, CM APPL. 5013/2018, CM APPL. 5014/2018, CM APPL. 5015/2018 M/S MICHIGAN RUBBER (INDIA) LTD ..... Appellant Through: Mr. Jayant Mehta, Mr. Aman Nandrajog, Mr. Siddharth Sharma, Mr. Sajal Jain and Mr. Sumeer Sodhi, Advs. Versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Mr. Kirtiman Singh and Mr. Saeed Qadri, Advs. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal under section 37 of the Arbitration and Conciliation Act, 1996 (Act) impugns an order passed by the learned ADJ dismissing the appellants objections to the Arbitration Award dated 20.01.2016.2. The facts are that in an open tender floated by the Ministry of Defence (MoD), the appellant was awarded a contract for the supply of 5,000 tyres of the specification: LV6/MT142610-001519 Tyre PNEU1200X20, 18 PR CC (applicable to 5/7.5 Ton 4x4 Stln). They were also issued a Bulk Production Clearance (BPC) on 30.10.2009....


Feb 13 2018

Ravinder Kaushik vs.union of India and Anr.

Court: Delhi

Decided on: Feb-13-2018

UNION OF INDIA AND ANR. versus * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12186/2016 IN THE MATTER OF: RAVINDER KAUSHIK Reserved on:16. 01.2018 Date of decision:13. 02.2018 ........ Petitioner Through: Mr. C.S. Panda with Mr. Sanjiv Kumar, Advocates ........ RESPONDENTS Through: Mrs. Bharathi Raju, CGSC CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI HIMA KOHLI, J.1. The present petition has been filed by the petitioner, who was working on the post of a Driver with the ECHS Polyclinic, Base Hospital, Delhi Cantt., for declaring the order dated 03.11.2016, terminating his services, as void ab-initio and treating him as in continuous service with retrospective effect alongwith all consequential benefits.2. The undisputed facts of the present case are that the petitioner, an ex- serviceman, was issued an appointment letter offering him appointment on the post of a Driver at the ECHS Polyclinic, Base Hospital, Delhi Cantt. on a contractual basis for a period ...


Feb 13 2018

Abid Ali vs.state (Nct of Delhi)

Court: Delhi

Decided on: Feb-13-2018

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.REV.P. 643/2017 Judgment delivered on:13. 02.2018 ABID ALI STATE (NCT OF DELHI) versus ........ Petitioner ..... Respondent : Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Alamgir, Adv. : Mr. Arun Kr. Sharma, Addl. PP for the State with SI Prashant JUDGMENT1302.2018 SANJEEV SACHDEVA, J.(ORAL) 1. The nominal roll of the petitioner has been received. The same is taken on record.2. The petitioner impugns order dated 19.08.2017 passed by the appellate court whereby the appellate court while confirming the judgment on conviction dated 15.12.2017) modified the order on sentence dated 14.12.2014 of the trial court by reducing the sentence awarded to the petitioner to undergo Rigorous Imprisonment (RI) for Crl.Rev. P. 643/2017 Page 1 of 8 a period of one years (reduced from two years) with fine of Rs. 10,000/- and in default to undergo simple imprisonment fo...


Feb 13 2018

Ramesh Sharma & Ors. Vs.state (Govt. Of Nct of Delhi)

Court: Delhi

Decided on: Feb-13-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :16. h JANUARY, 2018 DECIDED ON :13. h FEBRUARY, 2018 CRL.A. 552/2008 RAMESH SHARMA & ORS. STATE (GOVT. OF NCT OF DELHI) Through: Mr. A.K. Mishra, Advocate. versus Through: Mr. Tarang Srivastava, APP. ..... Appellants ..... Respondent CRL.A. 725/2008 RUDAL YADAV THE STATE (NCT OF DELHI) versus Through: Mr. A.K. Mishra, Advocate. Through: Mr. Tarang Srivastava, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG ..... Appellant ..... Respondent + + S.P.GARG, J.1. Aggrieved by a judgment dated 17.04.2008 of learned Addl. Sessions Judge in Sessions Case No.325/2006 arising out of FIR No.164/2004 PS Rohini by which the appellants Ramesh Sharma (A-1), Umesh Sharma (A-2) and Rudal Yadav (A-3) were held guilty for committing offences punishable under Sections 452/342/3IPC read with Section 397 IPC and under Section 411 IPC, the instant appeals have been preferred by them. By an order dated 03.05.2008, Crl.A.552/2008 & connected appeal Page 1 of 8 th...


Feb 13 2018

Texmaco Infrastructure & Holdings Ltd. Vs.rajesh Kumar Dudani

Court: Delhi

Decided on: Feb-13-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) No.433/2017 + % TEXMACO INFRASTRUCTURE & HOLDINGS LTD. ..... Plaintiff 13th February, 2018 Through: Mr. Rohit K. Aggarwal and Mr. Mitash Charan, Advocate. versus ..... Defendant Through: Mr. Vinay Sabharwal, Advocate. Defendant in person. RAJESH KUMAR DUDANI CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) I.A. No.13267/2017 (U/o 12 Rule 6 CPC by the plaintiff) 1. This is an application under Order XII Rule 6 CPC filed by the plaintiff in a suit for recovery of possession and damages. By this application plaintiff/applicant prays that the suit be decreed so far as the same concerns the relief for possession of the suit property. Though the prayer clause is widely worded of this application, the counsel for the plaintiff concedes that through this application plaintiff only seeks a decree of possession of the suit property. The suit CS(OS) No.433/2017 Page 1 of 14 property is ...


Feb 13 2018

Shri Rohit Solanki vs.union of India and Ors.

Court: Delhi

Decided on: Feb-13-2018

$~34. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1363/2018 1. SHRI ROHIT SOLANKI Through: Mr. Ramesh, Advocate. ........ Petitioner versus UNION OF INDIA AND ORS. Through: Mr. Sanjeev Narula, CGSC with Ms. Anumita Chandra, Advocate. ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE PRATIBHA RANI % The petitioner is aggrieved by the order dated 23.12.2016, passed by ORDER1302.2018 the Director MS (PS) for the DGMS (Army) informing his father that the petitioners candidature for the post of a Technical Graduate in the Indian Military Academy had been turned down on the ground that there was evidence of Pulmonary Kochs in his left lung. The observations made in para 3 of the letter dated 23.12.2016, are reproduced herein below:-" 3. The candidate has been subjected to a Review Medical Board wherein he was examined by Consultant & HOD, Respiratory Medicine at Army Hosp. (R&R), Delhi Cantt. and declared unfit due to evidence of Pulmonary Kochs in Left L...


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