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Delhi Court March 2018 Judgments

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Mar 23 2018

Asf Infrastructure Private Limited vs.jyoti Rath Associates Private Li ...

Court: Delhi

Decided on: Mar-23-2018

$~36 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 26/2017 ASF INFRASTRUCTURE PRIVATE LIMITED ........ Petitioner Through: Mr Amit Sibal, Senior Advocate with Mr Tejas Karia, Mr Surjendu Sankar Das, Mr Niranjan Behra and Ms Amee Rana, Advocates. JYOTI RATH ASSOCIATES PRIVATE LIMITED versus ..... Respondent Through: Mr Amit Bhagat and Mr V. Akshay, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2303.2018 VIBHU BAKHRU, J1 The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the the Act) impugning the arbitral award dated 26.08.2016 (hereafter the impugned award) delivered by the Arbitral Tribunal constituted by a Sole Arbitrator, Justice B. A. Khan, former Judge of this Court (hereafter the Arbitral Tribunal). The impugned award was rendered in the context of disputes that had arisen between the parties in respect of the Service Agreement dated 30.03.2006 (hereafter the Agreement), which was entered...


Mar 23 2018

Bses Rajdhani Power Limited vs.a K Builders & Anr

Court: Delhi

Decided on: Mar-23-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:09. h March, 2018 Pronounced on:23. d March, 2018 + O.M.P. (COMM) 132/2017 BSES RAJDHANI POWER LIMITED ........ Petitioner Through : Mr.Sudhir Nandrajog, Sr Advocate with Mr.Manish Srivastava and Mr.Harsh Prakash, Advocates. versus A K BUILDERS & ANR ........ RESPONDENTS Through : Mr.Sanjay Bansal, Advocate. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. The petitioner filed these objections under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act) against an arbitral award dated 16.01.2012.2. The petitioner is a Limited Company duly constituted under the provisions of the Indian Companies Act, 1956 on the unbundling of the erstwhile Delhi Vidyut Board on 01.07.2002. Resultantly, independent companies namely Delhi Power Corporation Limited (the Holding Company); Delhi Transco (The Permission Company); Indraprastha Power Generation Company; and three distribution Companies (DI...


Mar 23 2018

Sbi General Insurance Co Ltd vs.raj Kumar & Ors

Court: Delhi

Decided on: Mar-23-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. d March, 2018 $~32 * % + MAC.APP. 1096/2017 & CM No.45534/2017 SBI GENERAL INSURANCE CO LTD RAJ KUMAR & ORS versus ..... Appellant Through: Mr. Sameer Nandwani, Advocate ........ RESPONDENTS Through: Mr. Siddharth Nanwal, Advocate for respondent No.1 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award dated 22nd September, 2017, whereby compensation of Rs.14,19,000/- has been awarded to respondent No.1.2. On 04th December, 2013, respondent No.1 was going on his motorcycle bearing No.DL-8S-AS-2574 from Madhuban Chowk towards Kohat Enclave when a bus going ahead of him suddenly stopped whereupon respondent No.1 applied the brake but was hit by a tempo bearing No.RJ-14- GA-4214 from behind driven by respondent No.2 in a rash and negligent manner. Respondent No.1 fell down and suffered grievous injuries and was taken to Bhagwan Mahavir Hospital, Pitampura.3. Respondent No.1 suffered mul...


Mar 23 2018

Sanjeev Kumar and Ors. Vs.union of India and Ors.

Court: Delhi

Decided on: Mar-23-2018

$~29 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2184/2018 and CM No.9029/2018 % Date of decision :23. d March, 2018 SANJEEV KUMAR AND ORS. ........ Petitioners 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. A.P. Sahay and Ms. J.Priyadarshini, Adv. for UOI. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 The petitioners were the Directors of Jupiter Information Technologies Private Limited. The Directors of the company had submitted their resignation to the Board of Directors on 20th November, 2007. However, the Board of Directors failed to file Form 32 with the Registrar of Companies. The averments to this effect have been made on affidavit.2. The resignation of the petitioners is supported by the Investor W.P.(C)No.2184/2018 Page 1 of 3 Complaint Form which is made by them o...


Mar 23 2018

Yoshi & Ors. Vs.esic & Ors.

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) 2844/2018 & CMs 11408-09/2018 YOSHI & ORS. Through: Mr. Ankit Panwar, Advocate .....Petitioners versus ESIC & ORS. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Through: Nemo .....Respondents ORDER (ORAL)... Petitioners claim that they are Bachelors of Dental Surgery (BDS) who had passed out from respondent-Employees State Insurance Corporation Dental College (hereinafter referred to as ESIC Dental College) in the years 2015-2016. It is the case of petitioners that they had tendered service bonds in their respective dental colleges to render five years compulsory service, but as per the said bonds, it was the option of respondent-ESIC to call upon students to render compulsory service or not.2. Learned counsel for petitioners submits that after petitioners had passed out, for the first time, Memorandum of 2nd February, 2018 (Annexure P-2) has been issued by respondent-ESIC requiring the passed out students to ...


Mar 23 2018

Shri Jatinder Bali vs.union of India and Ors.

Court: Delhi

Decided on: Mar-23-2018

$~42 *IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:23. 03.2018 + W.P.(C) 2864/2018 & CM Nos.11579-581/2018 SHRI JATINDER BALI ........ Petitioner Through : Mr. Sibu Sankar Mishra and versus Mr. Niranjan Sahu, Advs. UNION OF INDIA AND ORS. ........ RESPONDENTS Through : Mr. Sanjeev Narula, CGSC with Ms. Anumita Chandra, Adv. CORAM:-"HON'BLE MR. JUSTICE RAJIV SHAKDHER % RAJIV SHAKDHER, J.(ORAL) CM. APPL. No.11579/2018 1. Allowed, subject to all just exceptions. W.P.(C) 2864/2018 & CM. APPL.Nos.11580-581/2018 2. Issue notice. Mr. Sanjeev Narula accepts notice on behalf of the respondents. Learned counsel for the respondents says that he does not wish to file a counter affidavit in the matter in view of the order that I propose to pass.3. The record shows that pursuant to the order dated 31.8.1999 passed against, one, Shri Kapil Dutt Bali under Section 7(1) & (3) read with Section 19(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 ...


Mar 22 2018

Satyapal Singh vs.the State (Nct of Delhi)

Court: Delhi

Decided on: Mar-22-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 943/2015 Reserved on: March 07, 2018 Date of decision: March 22, 2018 SATYAPAL SINGH ...Appellant Through: Mr. Chetan Lokur with Mr. Nitish Chaudhary, Advocates. versus THE STATE (NCT OF DELHI)... RESPONDENTThrough: Mr. Hiren Sharma, APP for the State. + CRL.A. 1002/2015 And KUNWAR NEERAJ STATE OF NCT OF DELHI Through: Mr. Farooq Chaudhary, ...Appellant Advocate versus Through: Mr. Hiren Sharma, APP for... RESPONDENTthe State CORAM: JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA % Dr. S. Muralidhar, J.: JUDGMENT2203.2018 1. These appeals are directed against the judgment dated 27th April 2015 of the learned Additional Sessions Judge-01 (New Delhi District), Patiala House Courts in Sessions Case No.127 of 2013 arising out of FIR No.17 of 2013 registered at Police Station (PS) Sagarpur convicting the Appellants, Kunwar Neeraj (A-1) and Satyapal Singh (A-4), for the Crl.A. 943/2015 & 1002/2015 Page 1 of 30 offences Section 302 Indian Penal C...


Mar 22 2018

Seth Pokharmal Educational Society vs.mcd and Ors.

Court: Delhi

Decided on: Mar-22-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. 01.2018 Pronounced on:22. 03.2018 + W.P.(C) 3946/2011 SETH POKHARMAL EDUCATIONAL SOCIETY..... Petitioner Through: Sh. B.B. Jain, Sh. Abhay Jain and Sh. Prashant Sharma, Advocates. versus MCD AND ORS. ....... RESPONDENTS Through: Ms. Amita Gupta, Advocate, for MCD. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT % 1. The petitioner is aggrieved by an assessment order issued on 02.05.2011 by the Joint Assessor and Collector of the North Delhi Municipal Corporation (hereafter called the Corporation) dated 02.05.2011, levying vacant land tax with effect from 01.04.2005 for the use of its land as play field for its school, i.e. Rukmini Devi Public School at Pitampura, Delhi. The diverse claims are mentioned in the writ petition, including the validity of amendments to the Delhi Municipal Corporation Act, 1957 and the levy of vacant land tax under the enactment. However, during ...


Mar 22 2018

North Delhi Municipal Corporation & Anr. Vs.amit Chadha

Court: Delhi

Decided on: Mar-22-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :22. d January, 2018 Date of decision :22nd March, 2018 + RFA582017 & CM APPL. 1946/2017 (Stay) NORTH DELHI MUNICIPAL CORPORATION & ANR. .. Appellants Through: Mr. Sunil Goel, Standing Counsel for Nr.DMC with Ms. Supreet Bimbra, Mr. Mayank Goel, Advocates Mr. S.C. Meena, EE (Project Narela) versus AMIT CHADHA ..... Respondent Through: Ms. Prerna Sinha and Mr. Yogesh Kumar, Advocates. CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.1. These are a batch of appeals which have arisen out of disputes between Contractors/Plaintiffs (hereinafter, Contractors) on the one hand and the North Delhi Municipal Corporation (hereinafter, NrDMC) and East Delhi Municipal Corporation (hereinafter, EDMC), on the other. NrDMC and EDMC are collectively referred to as `Corporations'. The facts in each appeal are different and hence separate judgments are being passed in each of the appeals.2. Briefly, these are cases where various work ...


Mar 22 2018

North Delhi Municipal Corporation & Anr. Vs.shish Pal

Court: Delhi

Decided on: Mar-22-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :22nd January, 2018 Date of decision :22nd March, 2018 + NORTH DELHI MUNICIPAL RFA1712017 & CM APPL.5941/2017 (stay) CORPORATION & ANR. .. Appellants Through: Ms. Renu Gupta, Advocate . Versus Through: Mr. Vinay Kumar, Advocate . AND ..... Respondent SHISH PAL + RFA5742017 & CM APPL. 21469/2017 (Stay) NORTH DELHI MUNICIPAL CORPORATION & ANR. .. Appellants Through: Ms. Renu Gupta, Advocate. versus ..... Respondent Through: Mr. Vinay Kumar, Advocate . SHISH PAL CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 These are a batch of appeals which have arisen out of disputes between Contractors/Plaintiffs (hereinafter, Contractors) on the one hand and the North Delhi Municipal Corporation (hereinafter, NrDMC) and East Delhi Municipal Corporation (hereinafter, EDMC), on the other. NrDMC and EDMC are collectively referred to as `Corporations'. The facts in each appeal are different and hence separate judgements are being p...


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