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Delhi Court April 2018 Judgments

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Apr 20 2018

Ashwin Jawaharlal Mehta vs.union of India & Ors

Court: Delhi

Decided on: Apr-20-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 20, 2018 W.P.(C) 3859/2018 & CM152472018 ASHWIN JAWAHARLAL MEHTA ........ Petitioner Through: Mr. Sanjay Parikh, Mr. Nikunj Dayal and Mr. Shubham Arya, Advocates versus UNION OF INDIA & ORS .....Respondents Through: Mr. Jaswant Rai Aggarwal and Ms. Satvika Goyal, Advocates for respondent No.1 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioners son-Bhagyadeep Ashwinbhai Mehta was shortlisted for the post of Officer/Assistant Officer and had appeared for the interview and group discussion held on 23rd June, 2014, after clearing the Graduate Aptitude Test in Engineering (GATE), but had not received the appointment letter. In this regard, petitioner had sent a complaint of 1st November, 2014, which is declined by impugned order of 15th February, 2017 (Annexure P-1) by observing that there is no violation of provisions of the Persons with Disabilities Act, 1995 (for short the PwD Act, 1995).2. Learned counsel ...


Apr 20 2018

Sameer Wason & Anr. Vs.agya Ram Sood

Court: Delhi

Decided on: Apr-20-2018

$~3 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"20th April, 2018 CM (M) 1367/2011 & CM No.21211/2011 SAMEER WASON & ANR. ........ Petitioners Through: Mr. P.K. Rawal, Adv. versus AGYA RAM SOOD ..... Respondent Through: Mr. P.P. Ahuja, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioners claim to be landlords qua the respondent in respect of premises described as shop on ground floor in property No.53, Old Rajinder Nagar Market, Delhi, the tenancy statedly having been created by Rent Agreement dated 15.07.1988. They had instituted a case for eviction (petition No.E-185/1998) in the Court of Additional Rent Controller on 21.12.1998 invoking grounds under Section 14 (1) (a), (b) and (j) of Delhi Rent Control Act, 1958. The case was contested by the respondent on all counts, evidence having been led by each side. It eventually resulted in judgment dated 02.06.2003 whereby the Additional Rent Controller having found the respondent guilty of being in default o...


Apr 19 2018

Shamsher Bahadur Nagpal (Since Deceased) Through Lrs vs.sham Arora

Court: Delhi

Decided on: Apr-19-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.316/2018 + % SHAMSHER BAHADUR NAGPAL (SINCE DECEASED) THROUGH LR's Reserved on:16. h April, 2018 Pronounced on:19. h April, 2018 ..... Appellants Through: Mr. S.C. Singhal, Advocate versus SHAM ARORA ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J C.M. Appl Nos. 14613-14/2018 (Exemption) Exemption allowed subject to just exceptions. CM stands disposed of. RFA No.316/2018 and C.M. Appl. No.14612/2018 (for stay) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiffs in the suit impugning the judgment of the trial court dated 30.11.2017 by which the trial court has dismissed the suit for specific performance and injunction filed by the appellants/plaintiffs seeking specific RFA No.316/2018 Page 1 of 7 performance of the Agreements to Sell dated 17.6.1992 and 22.3.1995 with respect to Shop No.59, Sarojini Nagar M...


Apr 19 2018

Mohd. Fahim vs.state & Ors.

Court: Delhi

Decided on: Apr-19-2018

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : APRIL19 2018 + W.P (Crl.) 1170/2018 & Crl.M.A.7115/2018 MOHD. FAHIM ........ Petitioner Through : Mr.M.K.Gahlaut, Advocate. versus STATE & ORS. ........ RESPONDENTS Through : Mr.Jamal Akhtar, counsel for Mr.Rahul Mehra, Standing counsel ASI Pawesh Tyagi, PS Seelampur. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) 1. Present writ petition under Article 226 of the Constitution of India has been preferred by the petitioner to direct respondents No.1 and 2 to lodge FIR against respondents No.3 to 6; to get recover the articles in possession of respondents No.3 to 6.2. I have heard the learned counsel for the petitioner and have examined the file. On perusal of the contents of the petition, it reveals that primarily it is a civil dispute between the petitioner and respondents No.3 to 6. The petitioner claims that the respondents No.5 and 6, owners of 4th floor of property bearing No.C-158, Shastri Park, Delhi- W.P.(Crl.)11...


Apr 19 2018

Somnath Chugh vs.vinod Kumar Chugh & Anr

Court: Delhi

Decided on: Apr-19-2018

$~18 & 19 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"19th April, 2018 + RC.REV. 533/2016 + SOMNATH CHUGH ........ Petitioner Through: Mr. Sanjeet Singh & Ms. Yamini Khurana, Advs. versus VINOD KUMAR CHUGH & ANR ........ RESPONDENTS Through: Mr. A.S. Chandhiok, Sr. Adv. with Mr. Sanjeev Sahay, Mr. Aditya Sharma, Ms. Sweta Kakkad, Ms. Pallavi Kumar & Mr. Angad, Advs. RC.REV. 576/2016 KOMAL KISHAN CHUGH ........ Petitioner Through: Mr. Sanjeet Singh & Ms. Yamini Khurana, Advs. versus VINOD KUMAR CHUGH & ANR ........ RESPONDENTS Through: Mr. A.S. Chandhiok, Sr. Adv. with Mr. Sanjeev Sahay, Mr. Aditya Sharma, Ms. Sweta Kakkad, Ms. Pallavi Kumar & Mr. Angad, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 ORDER (ORAL) These two revision petitions are directed against the judgment dated 10.06.2016 of the Additional Rent Controller (ARC) passed on the file of two separate eviction petitions (registered as eviction RCR53316, 5Page 1 of 13 petitions No.128/2012 and 127/2012) which were ins...


Apr 19 2018

Mamta Devi vs.govt of Nct of Delhi and Anr

Court: Delhi

Decided on: Apr-19-2018

$~7 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8122/2016 & CM APPL. 1335/2018 % Date of decision :19. h April, 2018 MAMTA DEVI ........ Petitioner Through : Mr. Ashok Agarwal, Adv. versus GOVT OF NCT OF DELHI AND ANR ....... RESPONDENTS Through : Mr. Naushad Ahmad Khan, ASC, GNCTD. Mr. Rajan Tyagi, ASC along with Mr. Muktamay Mandal, Astt. Director (Education). Ms. Avnish Ahlawat, Standing Counsel with Ms. Palak Rohmetra, Adv. for DOE. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 Pursuant to our last order, Mr. Rajesh Chopra, Secretary of the Delhi Subordinate Services Selection Board (DSSSB) is present in court. He informs us that so far as the posts of Special Educators in schools (both under the Municipal Corporations as well as those run by the Delhi Administration) are concerned, the applications stood invited by the DSSSB, last date of which was notified as 31st January, 2017 for W.P.(C)No.81...


Apr 19 2018

Kaushalya Saini vs.management of Dr Bhim Rao Ambedkar Adarsh Vidyalaya ...

Court: Delhi

Decided on: Apr-19-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 19, 2018 + W.P.(C) 10257/2015 & C.M. 25502/2015 KAUSHALYA SAINI Versus Through: Mr. Abhay N. Das, Advocate .....Petitioner MANAGEMENT OF DR BHIM RAO AMBEDKAR ADARSH VIDYALAYA AND ORS. .....Respondents Through: Ms. Shilpa Chohan, Advocate for respondents No.1 to 3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) The first round of litigation ended with the setting aside of order of 1. 4th October, 2007 vide which petitioners service as Assistant Teacher was terminated. After the Delhi School Tribunals order of 13th March 2012 (Annexure P-5) directing reinstatement of petitioner, respondent- School had issued a Show Cause Notice of 30th October, 2013 (Annexure P-11) and it is the case of petitioner that it was replied to.... Petitioner had demanded payment of salary and other dues.2.... Petitioner claims to have made Representations on 10th February, 2014 and 1st April, 2014 (Annexure P-14 colly) to claim arrears of salary ...


Apr 19 2018

Surender Kumar vs.satish Kumar Bansal & Ors.

Court: Delhi

Decided on: Apr-19-2018

$~12 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"19th April, 2018 RC.REV. 112/2013 & CM APPL.4911/2013 SURENDER KUMAR ........ Petitioner Through: Mr. Sanjeet Singh, Advocate versus SATISH KUMAR BANSAL & ORS. ........ RESPONDENTS Through: CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner concededly was inducted as a tenant in the premises described as a shop forming part of property bearing No.Municipal No.C-10/14, Krishna Nagar, Delhi-110051 as specifically shown in yellow colour in the site plan which was filed with the case (Eviction Petition No.13/2012) instituted by the respondents on 01.02.2012 seeking his eviction on the ground of bonafide need under Section 14(1)(e) of the Delhi Rent Control Act, 1958. Having regard to the nature of the ground taken, the special procedure under Section 25B of Delhi Rent Control Act, 1958 was applied. In answer to the summons served on him, the petitioner filed an application for leave to contest. The said applicatio...


Apr 19 2018

Kavya Pal Chaudhary Through Her Father Shantanu Pal Chaudhary & Ors. V ...

Court: Delhi

Decided on: Apr-19-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on- 13.04.2018 Date of Decision 19.04.2018. + W.P.(C) 2990/2018 & & C.M. No.Nos.11998/2018. KAVYA PAL CHAUDHARY THROUGH HER FATHER SHANTANU PAL CHAUDHARY & ORS ........ Petitioners GOVT OF NCT OF DELHI Through: Mr.Khagesh B. Jha, Adv. versus ..... Respondent Through: Mr.Sanjoy Ghose, ASC with Ms.Urvi Mohan, Mr.Rhishabh Jetley Advs. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J JUDGMENT1 Vide the present petition, the petitioners who claim to be children belonging to Economically Weaker Section (hereinafter referred to as EWS) category, seek a direction to the Respondent- Directorate of Education (hereinafter referred to as the DOE) to process their application in terms of Clause 7 of the notification dated 07.01.2011 issued by the DOE and ensure their admission in the Schools of their choice.2. On 03.04.2018, when the matter was listed for preliminary hearing before this Court, Mr. Khagesh B. Jha, learned counsel for the pe...


Apr 19 2018

Shri Ram General Ins Co Ltd vs.ravi & Ors

Court: Delhi

Decided on: Apr-19-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: April 19, 2018 + MAC.APP. 691/2015 & CM179372015 + MAC.APP. 692/2015 & CM179472015 + MAC.APP. 693/2015 & CM431702015 + MAC.APP. 694/2015 & CM179642015 + MAC.APP. 695/2015 & CM179672015 SHRI RAM GENERAL INS CO LTD Versus RAVI & ORS MUKESH & ORS CHAMPA & ORS UMESH & ORS SANJAY @ SANJAY KUMAR & ORS ..... Appellant Through: Mr. Sameer Nandwani, Advocate .....Respondents Through: Ms. Guremeet Kaur Chawla, Advocate for Ms. Babita Tyagi, Advocate for respondents-Claimants + MAC.APP. 70/2017 CHAMPA & ORS .....Appellants Through: Ms. Guremeet Kaur Chawla, Advocate for Ms. Babita Tyagi, Advocate Versus SHRI RAM GENERAL INSURANCE CO LTD Through: Mr. Sameer Nandwani, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR MAC.APPs. 691-95/2015 & 70/2017 Page 1 of 7 1. JUDGMENT (ORAL) The above-captioned six appeals are directed against consolidated Award of 30th May, 2015 vide which the Motor Accident Claims Tribunal-02 (Central),...



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