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Delhi Court April 2018 Judgments

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Apr 23 2018

Anju Verma vs.ring Midway Senior Secondary School & Ors

Court: Delhi

Decided on: Apr-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 23, 2018 + W.P.(C) 3974/2018 & CMs 15694-95/2018 + W.P.(C) 3979/2018 & CMs 15701-02/2018 + W.P.(C) 4045/2018 & CMs 15965-66/2018 + W.P.(C) 4047/2018 & CMs 15969-70/2018 RIVA SINGH ANJU VERMA LEENA BHATTACHARYA USHA RAWAT Through: Mr. Khagesh B. Jha, Advocate .....Petitioners versus RING MIDWAY SENIOR SECONDARY SCHOOL & ORS Through: Mr.Gursharan Singh, Advocate with Mr. Baljit Singh, OSD, Zone-18, DOE .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1. The grievance made in the above-captioned four petitions is that petitioners are not getting their salary from the month of September, 2017 and therefore, they are finding it difficult to survive. Learned counsel for petitioners submits that although the case of petitioners is at par with the case of petitioner in W.P.(C) 3815/2018 titled Prakash Dagar v Ring Midway Senior Secondary School & Ors. decided on 18th April, 2018 by this Court, but petitioners are...


Apr 23 2018

N K Wadhwa vs.central Government Employees Welfare Housing Organisatio ...

Court: Delhi

Decided on: Apr-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 24, 2018 (i) + W.P.(C) 6437/2017 & CM266852017 (ii) + W.P.(C) 6438/2017 & CM266862017 (iii) + W.P.(C) 6439/2017 & CM266872017 (i & ii) N K WADHWA (iii) A K RAJPUT .....Petitioners Through: Mr. Ashish Nischal and Mr. Arun Nischal, Advocates Versus CENTRAL GOVERNMENT EMPLOYEES WELFARE HOUSING ORGANISATION & ANR .....Respondents Through: Mr. P.S. Datta, Ms. Anwesha Saha and Mrs. Shobha Bhisht, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) the above-captioned three petitions, vide impugned 1. In Memorandums of 22nd February, 2010 and 8th March, 2010, departmental proceedings stood initiated against petitioners. In the case of petitioner-N K Wadhwa [in W.P.(C) 6437/2017]., Inquiry Report of 10th February, 2015 indicts him of the charges framed against him, whereas Inquiry Report of 27th March, 2015 also indicts petitioner-N K Wadhwa [in W.P.(C) 6438/2017]. and holds him guilty in respect of one of the charges and ...


Apr 23 2018

Pel Industries Ltd. & Ors. Vs.s.e. Investment Ltd.

Court: Delhi

Decided on: Apr-23-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP (COMM) 152/2016 Reserved on:23. h February, 2018 Date of decision :23. d April, 2018 PEL INDUSTRIES LTD. & ORS. ........ Petitioners Through Mr.Vivek R. Mohanty and Ms.Priyadarshini Pattanaik, Advs. versus S.E. INVESTMENT LTD. Through Mr.P.Nagesh Gupta, Advs. ..... Respondent and Mr.Dhruv CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) challenges the Arbitral Award dated 10.09.2014 passed by the Sole Arbitrator in the arbitration proceedings between the parties.2. The petitioner No.1 had availed a loan facility of Rs. 1.50 crores from the respondent for business purpose. The loan was repayable in 24 months and the schedule of such payment was mentioned in Schedule A to the Loan Agreement dated 18.06.2011 executed between the parties.3. Admittedly, petitioner No.1 had defaulted in the payment of the monthly installments and certain ch...


Apr 23 2018

Haider Khan (Deceased) Thr Lrs vs.anjuman-e-haideri & Anr

Court: Delhi

Decided on: Apr-23-2018

$~27 & 28 * % + FAO4012012 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:23. 04.2018 HAIDER KHAN (DECEASED) THR LRS Through: Mr. Shekhar Dasi, Advocate. ..... Appellant versus ANJUMAN-E-HAIDERI & ANR ........ RESPONDENTS Through: Ms. Tasneem Ahmadi and Ms. Mahima Rathi, Advs. Mr. Mehmood Pracha, Mr. R.H.A. Sikander and Mr.Prateek Gupta, Advs. for R-2/Delhi Waqf Board. + FAO4032012 ABDUL MOID KHAN ..... Appellant Through: Mr. Shekhar Dasi, Advocate. versus ANJUMAN-E-HAIDERI & ANR ........ RESPONDENTS Through: Ms. Tasneem Ahmadi and Ms. Mahima Rathi, Advs. Mr. Mehmood Pracha, Mr. R.H.A. Sikander and Mr.Prateek Gupta, Advs. for R-2/Delhi Waqf Board. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) CM Nos. 12861/2017 (by R-1 for extension of time), 12937/2017 (by R-1 for vacation of orders dt. 12.09.2012 & 17.12.2013), 40267/2017 (by R-1 for vacation of order dt. 12.09.2012) and 6821/2018 (for modification of order dt. 17.12.2013 and substitution of arbitrator...


Apr 23 2018

Mohd. Rafiq vs.union of India

Court: Delhi

Decided on: Apr-23-2018

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. 4.2018 + W.P.(C) 3971/2018 MOHD. RAFIQ Through: Ms. Sangita Bhayana, Adv. ........ Petitioner versus UNION OF INDIA ..... Respondent Through: Mr. Anurag Ahluwalia, CGSC with Mr. Satish Aggarwala, Ms. Tejaswita and Mr. Abhigyan, Advs. CORAM:-"HON'BLE MR. JUSTICE RAJIV SHAKDHER % RAJIV SHAKDHER, J.(ORAL) Issue notice.1. 2. Mr. Ahluwalia accepts notice for the respondent.3. The limited prayer that the petitioner makes is that a direction be issued to the respondent to hear his revision petition at an early date and to set aside the verbal order of rejection passed by the respondent on 18.12.2017, on the application of the petitioner for early hearing of the revision petition.4. Ms. Bhayana, who appears for the petitioner, says that an early hearing application was filed before the respondent which was not disposed of by a speaking order but by a verbal order of which there is no record. W.P.(C) No.3971/2018 Pg.1 of 2 4. M...


Apr 23 2018

Rms Consultants Pvt. Ltd. Vs.proactive Universal Trading Pvt. Ltd. & A ...

Court: Delhi

Decided on: Apr-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) No.483/2016 + % RMS CONSULTANTS PVT. LTD. 23rd April, 2018 ..... Plaintiff Through: Mr. Pankaj Singh and Mr. Paramhans, Advocates. versus PROACTIVE UNIVERSAL TRADING PVT. LTD. & ANR. ..... Defendants CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) I.A. No.5492/2018 (for delay) 1. This application is allowed and the delay of 4 days in filing O.A. No.43/2018 is condoned. I.A. stands disposed of. O.A. No.43/2018 (against order dated 23.2.2018 filed by plaintiff) 2. By this Chamber Appeal the plaintiff impugns the order of the Joint Registrar dated 23.2.2018 by which the Joint Registrar has CS(OS) No.483/2016 Page 1 of 5 refused to condone the delay of 265 days in re-filing the suit. The impugned order reads as under:-"I.A. No.11744/2016(under section 151 CPC filed by plaintiff for seeking condonation of delay in re-filing of original suit) Heard on I.A. Record perused. As per averm...


Apr 23 2018

Arup Kumar Pal and Ors. Vs.indian Statistical Institute and Anr.

Court: Delhi

Decided on: Apr-23-2018

* + + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 23, 2018 W.P.(C) 3993/2018 & CM157212018 W.P.(C) 3997/2018 & CM157272018 ARUP KUMAR PAL AND ORS. ABHAY GOPAL BHATT AND ORS. Through: Mr. Rajshekhar Rao, Mr. H. Harshavardhan and Ms. Mansi Sood, Advocates ........ Petitioners versus INDIAN STATISTICAL INSTITUTE AND ANR. Through: Mr. Vikram Jetly, CGSC for respondent No.2 ....... RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioners seek switch over from Contributory Provident Fund (CPF) to General Provident Fund (GPF) cum Pension Scheme.2. Since subject matter of both these petitions is identical, therefore, with consent of learned counsel for the parties, these petitions have been heard together and are being disposed of by this common order.3. Learned counsel for petitioners submits that the prayer made in these petitions has been already considered by second respondent, who vide order of 29th December, 2016, has declined it while relying upo...


Apr 23 2018

Nina Lath Gupta vs.union of India and Anr.

Court: Delhi

Decided on: Apr-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 23, 2018 + W.P.(C) 2163/2018 NINA LATH GUPTA ........ Petitioner Through: Mr. Darpan Wadhwa, Senior Advocate with Ms. Aditi Mohan, Advocate versus UNION OF INDIA AND ANR. ....Respondents Through: Mr. Sandeep Sethi, Senior Advocate with Mr. Vikram Jetly, CGSC, Mr. Virat Singh Nagar and Mr. Kartik Yadav, Advocates for respondent-UOI CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) C.M.11675/2018 By way of this application, vacation of interim order of 8th March, 2018 is sought by first respondent. Instead of deciding this application, it is deemed appropriate to hear the writ petition today itself. As such, the date of 18th May, 2018 fixed in the writ petition is cancelled and hearing is preponed for today. W.P.(C) 2163/2018 & CM89262018 (stay) 1. Impugned order of 27th February, 2018 (Annexure P-1) terminates petitioners service while granting three months salary in lieu of notice period. Learned senior counsel for petitio...


Apr 23 2018

Shamnad Basheer vs.union of India & Ors

Court: Delhi

Decided on: Apr-23-2018

$~31 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5590/2015 & CM No.10090/2018 % Date of decision :23. d April, 2018 SHAMNAD BASHEER ........ Petitioner Through : Mr. Abhimanyu Bhandari and Mr. N. Sai Vinod, Advs. versus UNION OF INDIA & ORS ........ RESPONDENTS Through : Mr. Amit Mahajan, CGSC for R-1/UOI Mr. Rajiv Nayyar, Sr. Adv.with Mrs. Saya Chaudhary, Mr. Ashutosh Kumar, Mr. Prateek Sehrawat, Mr. A. Joyaraj and Mr. Devanshu Khanna, Advs. for Intervenor-Ericsson Mr. Rajiv Kr. Choudhry, Adv. for Intervenor-TEMA Ms. Pritha Srikumar Iyer and Mr. Nishanth Kadur, Advs. for R-4 CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This writ petition is concerned with issues relating to the working of patents under the Patents Act, 1970. It appears that concerned with W.P.(C)No5590/2015 Page 1 of 4 the several issues relating to Section 146 of the Patents Act, 1970 (as amended) read with Rule 131 of Patents Rul...


Apr 23 2018

Rishi Pal vs.reliance General Insurance Co Ltd & Ors

Court: Delhi

Decided on: Apr-23-2018

$~4 & 5 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. d April, 2018 + MAC.APP. 195/2017 RELIANCE GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. A.K. Soni, Mr.Pavan Kumar, Advocates. versus RISHI PAL & ORS ........ RESPONDENTS Through: Mr. O.P. Mannie, Advocate for respondent no.1. + MAC.APP. 862/2017 RISHI PAL Through: Mr. O.P. Mannie, Advocate ..... Appellant versus RELIANCE GENERAL INSURANCE CO LTD & ORS ........ RESPONDENTS Through: Mr. A.K. Soni, Mr.Pavan Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA ]. JUDGMENT (ORAL) 1. The parties have challenged the award dated 11th January, 2018 whereby compensation of Rs.11,65,000/- has been awarded to the claimant. MAC. APP. 195/2017, 862/2017 Page 1 of 4 2. The appellant in MAC.APP.195/2017 is seeking reduction whereas appellant in MAC.APP.862/2017 is seeking enhancement of the award amount.3. The accident dated 13th August, 2010 resulted in grievous injuries to Rishi Pal. The claimant was admitted in Mah...


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