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Delhi Court February 2018 Judgments

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Feb 13 2018

Sunny vs.state (Nct of Delhi)

Court: Delhi

Decided on: Feb-13-2018

Judgment delivered on:13. 02.2018 BAIL APPLN. 2588/2017 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + STATE (NCT OF DELHI) SUNNY Versus ........ Petitioner ..... Respondent Advocates who appeared in this case: : Mr. R.K.Gupta and Mr Rukhshar For the... Petitioner For the Respondent CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA Mr. Mukesh Kumar, APP for the State. SI Praveen Kumar. : % ORDER1202.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 20804/2017(exemption) Allowed, subject to all just exceptions. BAIL APPLN. 2588/2017 1. The petitioner seeks a Regular Bail in FIR No.571/2017 under Sections 367/3IPC & Section 8 POCSO Act. BAIL APPLN. 2588/2017 Page 1 of 3 2. The complaint is lodged by the mother of the victim. The allegation against the petitioner is that the petitioner along with one co-accused pulled the victim onto his motor-cycle and thereafter took her to some distance and misbehaved with her and thereafter left her when she started screaming.3. Learned counsel for the petitione...


Feb 13 2018

Mahender Kaur vs.union of India & Ors.

Court: Delhi

Decided on: Feb-13-2018

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8330/2015 MAHENDER KAUR ........ Petitioner Date of Judgment :13th February, 2018 Through Ms. Richa Oberoi, Advocate. versus CORAM: UNION OF INDIA & ORS. ........ RESPONDENTS Through Mr. Roshan Lal Goel, Adv. for UOI. Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Mr. Dhanesh Relan, Adv. for DDA. 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 Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to land of petitioner admeasuring 1 bigha comprised in Khasra no.48/15, situated in the revenue estate of village Pehladpur Bangar, Delhi (hereinafter referred to as the subject land) stands lapsed in view of section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as...


Feb 13 2018

Vidya Sagar vs.subhash Gupta

Court: Delhi

Decided on: Feb-13-2018

$~19 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:13. h February 2018 VIDYA SAGAR RFA1372017 Through: Mr. J.S. Kanwar, Advocate. ..... Appellant SUBHASH GUPTA versus (M:9899770803) ..... Respondent Through: Mr. Gireish Kandpal, Mr. Ghanshyam Joshi, and Mr. Chirag Joshi Advocates. (M:9810041237) CORAM: JUSTICE PRATHIBA M. SINGH PRATHIBA M. SINGH, J (Oral) CM APPL. 4708/2017 (delay in filing) 1. This is an application for condonation of delay of 25 days in filing the appeal. For the reasons stated in the application, same is allowed and the delay in filing is condoned. CM is accordingly disposed of. RFA1372017 2. This is an appeal challenging the impugned judgment and decree dated 22nd September, 2016 by which the suit for possession filed by the Appellant/Plaintiff (hereinafter Plaintiff) has been dismissed by the Trial Court. The dismissal has been primarily on the ground that as the Plaintiff failed to lead any evidence in the matter, it could not prove its case.3. A p...


Feb 13 2018

Steel Authority of India Limited vs.designated Authority Directorate G ...

Court: Delhi

Decided on: Feb-13-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:13. 02.2018 $~ * + W.P.(C) 1366/2018 & CM APPL. 5661-5662/2018 STEEL AUTHORITY OF INDIA LIMITED ........ Petitioner Through: Mr. S K Bagaria, Sr. Advocate with Mr. Sunil K Jain, Mr. Pawanshree Agrawal & Ms. Reeta Chaudhary, Advocates versus DESIGNATED AUTHORITY DIRECTORATE GENERAL OF ANTI-DUMPING & ORS. ........ RESPONDENTS Through: Mr. Jitendra Singh & Mr. Vaibhav Sharma, Advocate for R-3 and 4. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA S. RAVINDRA BHAT, J.This writ petition questions and seeks the quashing of para 7 of 1. Annexure-1 of the Anti- Dumping Rules as being ultra vires Section 9A of the Customs Tariff Act, 1975 and for a direction to not levy anti- dumping duty charged on the graphite electrode imported from China. According to the... Petitioner the Customs, Excise and Service Tax Appellate Tribunal (CESTAT hereafter) incorrectly assessed the anti- dumping duty without proper apprec...


Feb 13 2018

Oil & Natural Gas Corporation Ltd & Ors. Vs.b v Srihari Rao

Court: Delhi

Decided on: Feb-13-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA7442013 Reserved on :10. h November, 2017 Date of decision :13. h February, 2018 OIL & NATURAL GAS CORPORATION LTD & ORS. Through: Mr. V.N. Kaura with Ms. Paramjeet ..... Appellants Benipal, Advocates. Versus B V SRIHARI RAO ..... Respondent Through: Mr. D. Ashok Rajagopalan & Ms. Madhu Tyagi, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.The present appeal by the appellants assails order dated 2nd September, 2013 passed by the Learned Single Judge. The Oil and Natural Gas Corporation Ltd is appellant No.1 (for short, ONGC) and the Director (Onshore) is appellant No.2 (for short, Director (Onshore)) in the present appeal. By the impugned judgment, the writ petition filed by the respondent was allowed and his termination was set aside. The respondent was reinstated in service with consequential benefits, however without back wages. The operative portion of the impu...


Feb 13 2018

Akhilesh Kumar vs.union of India & Ors.

Court: Delhi

Decided on: Feb-13-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : February 06, 2018 Judgment Delivered on : February 13, 2018 W.P.(C) 6136/2017 AKHILESH KUMAR Through : Ms.Saahila Lamba & Mr.T.S.Dager, Advocates. ........ Petitioner versus ........ RESPONDENTS Through : Mr.J.K.Singh, St.Counsel for Railways with Ms.Madhulika Aggarwal, Advocate. UNION OF INDIA & ORS. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.1. The petitioner has invoked the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India praying for quashing of the speaking order dated 11.05.2017, whereby he has been discharged and his candidature for appointment as a Constable in the RPF/RPSF has been cancelled.2. Brief facts leading to filing of the instant writ petition are that in the year 2011, the respondents published an advertisement for the post of Constable in Railway Protection Force/Railway Protection Special Force. The petitioner appl...


Feb 13 2018

Mohan Meakin Ltd vs.international Breweries Ltd

Court: Delhi

Decided on: Feb-13-2018

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:13. h February, 2018 + O.M.P. 21/2012 MOHAN MEAKIN LTD ........ Petitioner Through: Mr.Sandeep Sethi, Sr. Adv. and Mr.Darpan Wadhwa, Sr. Adv. with Mr.P.K.Mittal, Mr.Ashish, Advs. versus INTERNATIONAL BREWERIES LTD ..... Respondent Through: Ms.Suruchi Mittal, Mr.Abhishek Gautam, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. The present petition has been filed by the petitioner challenging the Interim Award dated 22.12.2011 passed by the Sole Arbitrator whereby the Arbitrator has allowed the respondent to withdraw a sum of Rs.70,00,000/- (Rupees Seventy Lakhs Only) (alongwith the interest accrued thereon) which had been deposited by the respondent with the Registrar General of this Court pursuant to the order dated 28.07.2010 passed by this Court in OMP No.337/2008 titled International Breweries Ltd. vs. Mohan Meakin Ltd.2. The above mentioned order of this Court had directed the respondent to deposi...


Feb 12 2018

Raisuddin vs.mohd. Chaman Gulzar

Court: Delhi

Decided on: Feb-12-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % RAISUDDIN RFA No.148/2018 12th February, 2018 ..... Appellant Through: Mr. Anish Shrestha and Mr. Vishal Sameer, Advocates. versus MOHD. CHAMAN GULZAR CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.5438/2018(Exemption) Exemption allowed subject to just exceptions CM stands disposed of. RFA No.148/2018 & CM No.5437/2018 (stay) 1. 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 28.11.2017 by which the trial court has dismissed the suit for specific performance filed by the appellant/plaintiff. Suit however has been decreed for recovery of RFA No.148/2018 Page 1 of 6 Rs.3 lacs paid by the appellant/plaintiff to the respondent/defendant under the agreement to sell dated 31.12.2010.2. The facts of the case are that the parties entered into a...


Feb 12 2018

Binil p.t. Vs.the Govt. Of Nctd and Ors.

Court: Delhi

Decided on: Feb-12-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 12, 2018 + W.P.(C) 1286/2018 & CM53752018 1. BINIL P.T. ........ Petitioner Through: Mr. E.J.Verghese & Mr. Rajeshwar Singh, Advocates Versus THE GOVT. OF NCTD AND ORS. ........ RESPONDENTS Through: Mrs. Avnish Ahlawat, Standing Counsel for respondent No.1-GNCTD CORAM: HON'BLE MR. JUSTICE SUNIL GAUR... Petitioner claims to be a Work Experience Teacher in respondent ORDER (ORAL) No.3-School since the year 2012. It is the case of petitioner that his claim for stepping up of his pay has been illegally declined by respondent Directorate of Education vide order of 4th August, 2014 (Annexure A-1) and that petitioner had approached the Central Administrative Tribunal against denial of stepping up of his pay. Vide order of 27th October, 2017, petitioners original application seeking the relief, as claimed in this petition, was withdrawn with liberty to approach the appropriate Forum.2. Learned counsel for petitioner relies upon...


Feb 12 2018

m/s.tops Security Ltd. Vs.central Board of Trustees (Cbt), Epf & Anr.

Court: Delhi

Decided on: Feb-12-2018

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:12. 02.2018 W.P. (C) 8889/2015 M/S. TOPS SECURITY LTD. ....... Petitioner Through: Mr.Rajiv Shukla, Advocate with Mr.Shubham Saxena, Ms.Shivani Kapoor and Mr.Lakshay Mangla, Advocates. versus CENTRAL BOARD OF TRUSTEES (CBT), EPF & ANR. ..... Respondent Through: Ms.Inderjeet Sidhu, Advocate with Ms.Suchitra Chawla, Advocate. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(ORAL) 1. The petitioner has invoked the writ jurisdiction of this court under Article 226 & 227 of the Constitution of India for setting aside the order dated 03.07.2015 passed by the Employees Provident Fund Appellate Tribunal, New Delhi (in short Tribunal) in Appeal No.ATA-628(4)2015.2. The facts giving rise to the writ petition, bereft of unnecessary details, are that the petitioner company failed to remit the W.P (C) 8889/2015 Page 1 of 10 Provident Fund and allied dues for the period from December, 1997 to August, 2014 within the stipulated ti...


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