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Delhi Court March 2018 Judgments

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Mar 19 2018

Sikandar @ Babu vs.state

Court: Delhi

Decided on: Mar-19-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h March, 2018 CRL.A. 750/2017 and Crl. M.B. No.1675/2017 (suspension) SIKANDAR @ BABU STATE Represented by: Mr. Vipin Chandra and Mr. ..... Appellant Sanjeev Sarker, Advocates. versus Represented by: Mr. Amit Gupta, APP for State. ..... Respondent CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. By the present appeal Sikandar @ Babu challenges the impugned judgment dated 11th May 2017, whereby he was convicted for the offences punishable under Sections 354/451/506(I) IPC and the order on sentence dated 12th May 2017 directing him to undergo rigorous imprisonment for the period of one year for the offence punishable under Section 354 IPC, rigorous imprisonment for a period of one year and to a fine of 1000/- , in default whereof to undergo simple imprisonment for a period of one month, for the offence punishable under Section 451 IPC and rigorous imprisonment for the period of one year for the offence punishable...


Mar 19 2018

Re-M/S Apex Continental Ltd Vs.............

Court: Delhi

Decided on: Mar-19-2018

$~CP-43 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:19. 04.2018 CO.PET. 248/2010 RE-M/S APEX CONTINENTAL LTD ........ Petitioner Through Mr.Sunil Singh Parihar and Mr.Adity Dev Triguna, Advs. for Sanjay Bajpayee Mr.D.Bhattacharya, Adv. for OL. Ms.Neha Lakhwara, Proxy Counsel for ex- director/Sanjay Gupta CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) Co. Appl. No.454/2018 This application is filed seeking condonation of delay in filing the reply. The application is allowed and the reply is taken on record. Co. Appl. 1188/2014 1. This application is filed under Section 446 of the Companies Act, 1956 for recovery of an amount of Rs.12,52,712 as principal amount along with interest @ 18% p.a. against the debtor of the company, namely, Sh.Sanjay Vajpayee.2. It is the contention of the OL that the petitioner Company was provisionally wound up on 15.01.2013 and finally on 16.01.2014. As per the statement of affairs filed by Sh.Virender Kumar Gupta, the ex-dir...


Mar 19 2018

Arun Kumar vs.state

Court: Delhi

Decided on: Mar-19-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 19, 2018 + CRL.A. 695/2016 ARUN KUMAR ..... Appellant Through: Mr.Rajiv Mohan, Mr.Abhimanyu Kampani, Mr.Abhisheik Srivastav, Ms.Priyanka Singh and Mr.M.A. Karthik, Advocates. versus ..... Respondent Through: Ms.Aashaa Tiwari, APP for State with SI Prabhakaran, PS Chhawla. STATE AND + CRL.A. 867/2016 MAHENDER SINGH ..... Appellant Through: Mr.Rajiv Mohan, Mr.Abhimanyu Kampani, Mr.Abhisheik Srivastav, Ms.Priyanka Singh and Mr.M.A. Karthik, Advocates. versus ..... Respondent Through: Ms.Aashaa Tiwari, APP for State with SI Prabhakaran, PS Chhawla. STATE Crl.A. 695/2016 & 867/2016 Page 1 of 42 CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI JUDGMENT OF THE COURT1 Since both these appeals have been preferred against a common judgment of conviction and order on sentence, therefore, both these appeals are taken together.2. The present appeals have been filed by the convicts/ appellants (hereinafter referred...


Mar 19 2018

Directorate of Education vs.manisha Sharma and Anr.

Court: Delhi

Decided on: Mar-19-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 19, 2018 W.P.(C) 10521/2017 & CM430502017 DIRECTORATE OF EDUCATION ........ Petitioner Through: Mr. Anuj Aggarwal, ASC with Ms. Deboshree Mukherjee, Advocate versus MANISHA SHARMA AND ANR. .....Respondents Through: Mr. Abhishek Kaushik, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Impugned order of 28th July, 2017 (Annexure P-1) sets aside order of 31st October, 2016 vide which first respondent was removed from service as she did not fulfil the eligibility criteria as contained in the Recruitment Rules for the post of TGT (English). It is matter of record that first respondent was appointed as TGT (English) w.e.f. 8th July, 2008 on the recommendation of Staff Selection Committee and upon completion of her probation period, as per order of 30th September, 2009, she was confirmed as TGT (English) from 1st July, 2009. As per Memorandum of 10th March, 2014, a complaint was received by petitioner regarding ap...


Mar 19 2018

Jyoti Gupta vs.kewalsons & Ors.

Court: Delhi

Decided on: Mar-19-2018

$~22 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h March, 2018 ARB.P. 599/2017 & I.A. 1357/2018 JYOTI GUPTA ........ Petitioner Through: Ms.Pooja Jain, Ms.Aruna Jain, Advs. versus KEWALSONS & ORS. ........ RESPONDENTS Through: Mr. Manish K. Bishnoi, Mr. Devansh Srivastava and Ms. Ila Haldia, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner praying for appointment of a Sole Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Partnership Deed dated 15th May, 1974 read with supplementary deeds dated 31st March, 1992, 1st October, 1995 and 1st November, 2014 (collectively referred herein as Partnership Deed).2. The respondents along with Late Sh.Shyam Gupta were partners in the partnership constituted by the above mentioned Partnership Deeds. He expired on 1...


Mar 19 2018

Mideast Pipeline Products Through Proprietor Maninder Singh vs.fernas ...

Court: Delhi

Decided on: Mar-19-2018

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h March, 2018 O.M.P. (COMM) 536/2016 MIDEAST PIPELINE PRODUCTS THROUGH PROPRIETOR ........ Petitioner MANINDER SINGH Through Mr.Jayant Mehta, Mr.Sahil Tagotra and Mr.Rahul Kukreja, Advs. versus FERNAS CONSTRUCTION CO. LTD. ..... Respondent Through Mr.C.D. Mulherkar, Mr.Shailabh Tiwari and Mr.Prashant Kumar, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) I.A. No.3771/2018 This application has been filed by the respondent seeking to address the oral arguments. The petition had been heard and reserved for judgment on 05.03.2018 in absence of the counsel for the respondent. For the reasons stated in the application, the same is allowed and the learned counsel for the respondent has been given an opportunity to make oral submissions in opposition to the petition. OMP(COMM) 536/2016 Page No.1 O.M.P. (COMM) 536/2016 1. This petition under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafte...


Mar 16 2018

Surender Singh Rathore vs.virender Singh Rathore

Court: Delhi

Decided on: Mar-16-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.260/2018 + % SURENDER SINGH RATHORE Reserved on:14. h March, 2018 Pronounced on:16. h March, 2018 ..... Appellant Through: Mr. Paritosh, Advocate. versus ..... Respondent VIRENDER SINGH RATHORE CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J Caveat No.208/2018 1. No one appears for the caveator. Caveat accordingly stands discharged. C.M. No.9955/2018 (exemption) 2. Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.260/2018 and C.M. No.9956/2018 (under Order XX Rule 6 CPC) 3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is filed by the defendant in the suit impugning the judgment of the trial court dated 21.11.2017 by which RFA No.260/2018 Page 1 of 9 trial court has decreed the suit for possession, arrears of rent and mesne profits with respect to the suit property being shop no.4, ground floor in DDA Market, A2A Block, Jan...


Mar 16 2018

Bankim Chandra Datta vs.punjab National Bank and Ors.

Court: Delhi

Decided on: Mar-16-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 16, 2018 W.P.(C) 2415/2018 & CM APPL. 10077/2018 BANKIM CHANDRA DATTA Through: Mr. Deepak Singh, Advocate .....Petitioner versus PUNJAB NATIONAL BANK AND ORS. .....Respondents Through: Mr. Rajesh Kumar and Mr. Aakash Sehrawat, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner was compulsorily retired on 29th December, 2010 (Annexure P-1) and he challenges impugned order of 5th October, 2012 (Annexure P-2) whereby pension of ` 8,47,378/- was credited into his account.2. Learned counsel for petitioner submits that petitioner had made several Representations to respondents to seek full pension instead of 2/3rd pension and the said Representations have not been responded to, thereby compelling petitioner to serve a legal notice of 5th September, 2017 (Annexure P-7) upon respondents. It is further submitted that there is no response to the said legal notice also.3. In the facts and circumstances of ...


Mar 16 2018

Oriental Structural Engineers Pvt Ltd -Kmc Constructions Jv vs.nationa ...

Court: Delhi

Decided on: Mar-16-2018

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 280/2016 ORIENTAL STRUCTURAL ENGINEERS PVT LTD -KMC CONSTRUCTIONS JV ........ Petitioner Through: Mr Anil Airi, Senior Advocate with Ms Bindiya Logawney, Mr Ravi K. Chandna, Ms Sukanya Lal, Ms Sadhna Sharma and Mr Satyam Bhatia, Advocates. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA Through: Mr Mukesh Kumar, Ms Gunjan ..... Respondent Sinha Jain and Ms Somya Priyadarshnee, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1603.2018 VIBHU BAKHRU, J1 The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) impugning the arbitral award dated 28.12.2015 (hereafter the impugned award). The petitioner is aggrieved inasmuch as its claims in relation to the construction of embankment with pond ash, has been rejected.2. The respondent (hereafter NHAI) had invited bids for the O.M.P. (COMM) 280/2016 Page 1 of 9 work of Allahabad Bypass Project Constructi...


Mar 16 2018

M/S Indo Nabin Projects Ltd. Vs.m/s Bharat Heavy Electricals Ltd.

Court: Delhi

Decided on: Mar-16-2018

% + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:16. 03.2018 ARB.P. 620/2017 M/S INDO NABIN PROJECTS LTD. .....Petitioner Versus M/S BHARAT HEAVY ELECTRICALS LTD. .....Respondent Advocates who appeared in this case: For the... Petitioner For the Respondent CORAM HONBLE MR JUSTICE VIBHU BAKHRU : Mr Rauf Rahim, Ms Awantika Prashant and Mr Nikhil Mishra. : Ms Mani Gupta. VIBHU BAKHRU, J JUDGMENT1 The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter the Act), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that have arisen between the petitioner and the respondent (hereafter (BHEL).2. The learned counsel appearing for BHEL did not dispute the existence of an arbitration agreement. She; however, contended that this Court does not have the jurisdiction to entertain the present petition as the arbitration is to be conducted in Bhopal, Madhya Pradesh. ARB.P. 620/2017 Page 1 of 15 ...


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