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Delhi Court March 2018 Judgments

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Mar 23 2018

Delhi and District Cricket Association Through Its Honorary General Se ...

Court: Delhi

Decided on: Mar-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. 02.2018 Pronounced on:23. 03.2018 + W.P.(C) 32226/2016, 13588/2017, 8427-8428/2017, 17306/2017, 7215/2011, C.M. APPL.16416/2011, 1125/2013, 9874-9875/2017, 27732/2016, 9883/2017, 21011-21012/2017, 24450/2017, 27949-27950/2017, 29894/2017, 36398/2017 & 594/2018 DELHI AND DISTRICT CRICKET ASSOCIATION THROUGH ITS HONORARY GENERAL SECRETARY MUNICIPAL CORPORATION OF DELHI AND ORS. ..... Petitioner versus ....... RESPONDENTS Through: Sh. Sudhir Nandrajog, Sr. Advocate with Sh. Pradeep Chhindra and Ms. Kritika Gupta, Advocates, for DDCA. Sh. Sumit Virmani, Advocate, for Respondent Nos. 1, 6, 7, 10, 12 and 20. Sh. Rohit Gandhi, Advocate, for Respondent Nos. 5, 18 and 19. Sh. Rahul Mehra, Standing Counsel with Sh. Gautam Narayan, ASC with Sh. R.A. Iyer, Advocate, for GNCTD. Mr. Monika Arora with Sh. Kushal Kumar, Advocates. Sh. Rajat Jain, Advocate. Sh. Vivek Aggarwal, Advocate, for Respondent Nos. 2, 9, 13, 15 and 17. Sh. N.K. Kantawala...


Mar 23 2018

Anil Jain & Ors. Vs.mohinder Kumar Jain & Ors.

Court: Delhi

Decided on: Mar-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % ANIL JAIN & ORS. RFA No.291/2018 23rd March, 2018 ..... Appellants Through: Mr. Amit Trikha, Advocate with appellant no.1 in person. versus MOHINDER KUMAR JAIN & ORS. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ........ RESPONDENTS To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.11585/2018 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.291/2018 and C.M. Nos.11584/2018(stay) & 11586/2016 (exemption in filing certified copies of entire record) 2. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) by the plaintiffs in the suit impugning the judgment of the Trial Court dated 31.1.2018 by which trial court has dismissed the suit for partition filed by the RFA No.291/2018 Page 1 of 12 appellants/plaintiffs with respect to the suit property bearing no.22, Arihant Nagar, Punjabi Bagh West, New Delhi situated on a plot of 223.61 sq. yard...


Mar 23 2018

Bhavneesh Saigal and Anr vs.union of India and Anr.

Court: Delhi

Decided on: Mar-23-2018

$~27 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11396/2017 and CM No.46513/2017 % Date of decision :23. d March, 2018 BHAVNEESH SAIGAL AND ANR Through : Mr. Sanjeet Trivedi and ........ Petitioners Mr. Naman Saraswat, Advs. versus UNION OF INDIA AND ANR. .....Respondents Through : Ms. Maninder Acharya, ASG with Mr. Rajesh Kumar, Adv. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 The petitioners in this case were appointed as Additional Directors of the company being Mode Infotech Pvt. Ltd. on 5th January, 2008 for a fixed tenure. As such, these petitioners could have continued as Directors only till the next Annual General Meeting of the company. The writ petition has stated that the Annual General Meeting, after the petitioners appointment, was to be held on 30th September, 2008. As such the petitioners ceased to be the Directors of the company by operation of law.2. It has additionally been stated...


Mar 23 2018

Innocent Nwayo vs.the State (Nct of Delhi)

Court: Delhi

Decided on: Mar-23-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12th March, 2018 Decided on:23. d March, 2018 CRL.A. 245/2017 ... Appellant Through: Mr.Harsh Prabhakar, Advocate (Amicus Curiae) with Mr.Anirudh Tanwar, Advocate Through: Mr.Kewal Singh Ahuja, APP for State ....Respondent + INNOCENT NWAYO THE STATE (NCT OF DELHI) CORAM: JUSTICE S.MURALIDHAR versus JUSTICE I.S. MEHTA % Dr. S. Muralidhar, J.: JUDGMENT1 The Appellant, a Nigerian national, is challenging the impugned judgment dated 23rd July, 2016 passed by the learned Additional Sessions Judge-03, West District, Delhi (ASJ) in SC No.40/3/14 arising out of FIR No.236/2011 registered at Police Station (PS) Uttam Nagar convicting him for the offences under Sections 302 and 201 of the Indian Penal Code (IPC) and the order on sentence of the same date whereby he, for the offence punishable under Section 302 IPC was sentenced to life imprisonment with a fine of Rs.10,000/-; and in default of payment of fine to undergo six months simple i...


Mar 23 2018

Rajesh Rishi & Anr. Vs.election Commission of India & Ors.

Court: Delhi

Decided on: Mar-23-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.750/2018 % Reserved on:28. h February, 2018 Date of Decision:23. d March, 2018 KAILASH GAHLOT & ORS. ........ Petitioners Through Mr. K.V. Vishwanathan, Sr. Advocate with Mr. Manish Vashist, Mr. Sameer Vashist, Mr. J.P. Gupta, Mr. Rikky Gupta, Ms. Trisha Nagpal, Ms. Astha Gupta, Mr. Manashwy Jha and Mr. Ravi Raghunath, Advocates. ELECTION COMMISSION OF INDIA & ORS. Versus ........ RESPONDENTS Through Mr. Amit Sharma, Mr. Dipesh Sinha, Ms. Ayiala Imti and Mr. Prateek Kumar, Advocates for ECI. Mr. Sanjay Jain, ASG with Mr. Anil Soni, CGSC, Ms. Rajul Jain with Mr. Yuvraj Sharma, Advocates for UOI. Mr. Anuj Aggarwal, ASC for GNCTD. Mr. Mudit Gupta and Mr. Sangam Kumar, Advocates for R-4. WRIT PETITION(CIVIL) No.751/2018 RAJESH RISHI & ANR. ........ Petitioners Through Mr. K.V. Vishwanathan, Sr. Advocate with Mr. Manish Vashist, Mr. Sameer Vashist, Mr. J.P. Gupta, Mr. Rikky Gupta, Ms. Trisha Nagpal, Ms. Astha Gupta, Mr....


Mar 23 2018

Sapan Kumar Ram vs.indira Gandhi National Open University

Court: Delhi

Decided on: Mar-23-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 23, 2018 W.P.(C) 2824/2018 SAPAN KUMAR RAM .....Petitioner Through: Mr. Prateek Tushar Mohanty, Advocate versus INDIRA GANDHI NATIONAL OPEN UNIVERSITY ..... Respondent Through: Mr. Kirtiman Singh, Mr. Saurabh Chauhan and Mr. Waize Ali Noor, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Vide order of 26th April, 2016 (Annexure P-1) petitioner, who was working as Assistant Registrar, Regional Centre Kolkata, was placed under suspension on account of registration of criminal case against him.... Petitioners suspension was extended by three months vide order of 26th July, 2016 (Annexure P-2). Again, vide order of 26th October, 2016 (Annexure P-3), petitioners suspension was further extended by three months, followed by further extension of suspension vide order of 25th April, 2017 (Annexure P-4). However, vide order of 24th August, 2017 (Annexure P-5), petitioners suspension was revoked while exercising powe...


Mar 23 2018

Golden Tobacco Limited vs.customs Excise Service Tax Appellate Tribuna ...

Court: Delhi

Decided on: Mar-23-2018

$~19 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:23. d March, 2018 CEAC122018 & CM Nos.11635-36/2018 GOLDEN TOBACCO LIMITED ........ Petitioner Through: Mr. Balbir Singh, Senior Advocate with Mr. Siddharth Garg, Advocate versus CUSTOMS EXCISE SERVICE TAX APPELLATE TRIBUNAL & ANR. ........ RESPONDENTS Through: Mr. Sanjeev Narula, CGSC with Mr. Abhishek Ghai, Advocate CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR CHANDER SHEKHAR, J.This judgment and order shall dispose of the present appeal under Section 35G of the Central Excise Act, 1944 against the order passed by the Customs, Excise & Service Tax Appellate Tribunal (hereinafter referred to as CESTAT/Tribunal) in Misc. Order No.50078-79/2018 dated 21.2.2018.2. It is stated in the appeal that the Tribunal has rejected the application for restoration of appeal on the ground that there was a delay of more than 22 years, which was extraordinary and the Tribunal had no power to condone the ...


Mar 23 2018

Mr. Ved Marwah vs.ndmc and Ors.

Court: Delhi

Decided on: Mar-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:20. 03.2018 Pronounced on:23. 03.2018 + W.P.(C) 188/2018, C.M. APPL.772/2018 MR. VED MARWAH NEW DELHI MUNICIPAL COUNCIL (NDMC) AND ORS. versus ..... Petitioner ....... RESPONDENTS + W.P.(C) 2198/2017 SAURABH MALHOTRA AND ORS NEW DELHI MUNICIPAL COUNCIL (NDMC) AND ORS. Versus ..... Petitioners ....... RESPONDENTS versus M/S. PEAREY LAL AND SONS (P) LTD. NEW DELHI MUNICIPAL COUNCIL AND ANR........ RESPONDENTS + W.P.(C) 3995/2017 + W.P.(C) 4789/2017, C.M. APPL.20759/2017 M/S. MEHRA JEWEL PALACE PVT. LTD. NEW DELHI MUNICIPAL COUNCIL AND ANR........ RESPONDENTS ..... Petitioner ..... Petitioner versus Through: Mr. B.B. Jain, Mr. Amitabh Marwaha and Mr. Abhay Jain, Advocates, in W.P.(C) 188/2018, W.P.(C) 2198/2017 & W.P.(C) 3995/2017. Ms. Aastha Dhawan and Ms. Diksha Mathur, Advocates, for petitioner, in W.P.(C) 4789/2017. Mr. Arjun Mitra, Mr. Abhishek Mishra, Ms. Kaskaran Kaur, Advocates, with Mr. Puneet Gupta, DEO and Mr. Hardeep Singh,...


Mar 23 2018

Chandan Singh vs.ramo Devi & Ors.

Court: Delhi

Decided on: Mar-23-2018

$~29 * + IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : MARCH, 23, 2018 CRL.REV.P. 262/2018 & Crl.M.A.5501/2018 CHANDAN SINGH ........ Petitioner Through : Mr.Manish Makhija, Advocate. RAMO DEVI & ORS. CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : None. versus ..... Respondent S.P.GARG, J.(ORAL) 1. Present revision petition has been preferred by the petitioner to challenge the legality and correctness of an order dated 31.01.2018 whereby he was directed to pay `5,000/- to the respondent as maintenance in the proceedings under Section 125 Cr.P.C.2. I have heard the learned counsel for the petitioner and have examined the file. The petitioners mother is aged around more than 80 years. She has other sons, namely, Karan Singh, Virender Singh and Mahipal Singh. Behram Signh is her husband aged around 95 years. Impugned order records that the other sons, namely, Karan Singh, Virender Singh and Mahipal Singh have agreed to pay `3,000/-, `6,000/- and `4,000/- p.m. respectively to the res...


Mar 23 2018

Vivek Khanna vs.union of India and Ors.

Court: Delhi

Decided on: Mar-23-2018

$~30 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2437/2018 and CM No.10116/2018 % Date of decision :23. d March, 2018 VIVEK KHANNA ........ Petitioner Through : Mr. Alok Kumar Kuchhal, Mr. Manish Jain and Ms. Chanchal Yadav, Advs. versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through : Ms. Maninder Acharya, ASG with Mr. Amit Mahajan, CGSC. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 The petitioner was the Director of Crystal Academy Private Limited. The Director of the company had submitted his resignation to the Board of Directors on 27th March, 2009. However, the Board of Directors failed to file Form 32 with the Registrar of Companies.2. The writ petitioner inter alia seeks quashing of the notices dated 6th September, 2017 and 12th September, 2017 issued by the Ministry of Corporate Affairs at New Delhi.3. At the time of issuance of notices in this writ petition, we had granted interim sta...


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