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Delhi Court April 2018 Judgments

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Apr 17 2018

Sumer Singh and Ors vs.union of India and Ors.

Court: Delhi

Decided on: Apr-17-2018

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgement:17. h April, 2018 + W.P.(C) 10286/2016 SUMER SINGH & ORS .....Petitioners Through: Mr. Rajesh Gupta and Mr. M.C. Verma, Advocates. Versus UNION OF INDIA & ORS .....Respondents Through: Mr. Rajul Jain, Advocate for UOI. Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Mr. Sumit Rana, Advocate DSIIDC. for CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(Oral) 1. This is a petition under Article 226 of Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to land bearing Khasra No.'s 67//7, 8, 13, 14, 17, 18, 23, 24 situated in the revenue estate of village Sultanpur Dabas, Delhi (hereinafter referred as the 'subject land') stand lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter re...


Apr 17 2018

Sudhir Vats and Ors. Vs.indira Gandhi National Open University

Court: Delhi

Decided on: Apr-17-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 17, 2018 (i) + W.P.(C) 4452/2015 & C.Ms. 3226/2017, 7770/2017 & 8075/2015 SOUMITA DAS AND ORS. .....Petitioners Through: Ms. S. Janani & Ms. Shruti Bist, Versus Advocates INDIRA GANDHI NATIONAL OPEN UNIVERSITY Through: Mr. Aly Mirza, Advocate .....Respondent With (ii) + CONT.CAS(C) 1323/2016 SOUMITA DAS & ORS .....Petitioners Through: Ms. S. Janani & Ms. Shruti Bist, Versus Advocates S K SHARMA Through: Mr. Aly Mirza, Advocate ..... Respondent (iii) + W.P.(C) 3639/2015 & C.M. 6486/2015 ANOJ KUMAR ........ Petitioner Through: Ms. S. Janani & Ms. Shruti Bist, Versus Advocates INDIRA GANDHI NATIONAL OPEN UNIVERSITY With Through: Mr. Aly Mirza, Advocate ..... Respondent (iv) + CONT.CAS(C) 543/2015 W.P.(C) 3694/2015 & connected petition Page 1 of 9 ANOJ KUMAR .....Petitioner Through: Ms. S. Janani & Ms. Shruti Bist, Versus Advocates SUDHIR BUDAKOTI ..... Respondent Through: Mr. Aly Mirza, Advocate (v) + W.P.(C) 3694/2015 & C.Ms....


Apr 17 2018

Ghansar Singh vs.kusum Lata Sharma

Court: Delhi

Decided on: Apr-17-2018

$~ 13 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"17th April, 2018 + RC. REV. 80/2015 and CM APPL.3023/2015 (stay) GHANSAR SINGH ........ Petitioner Through: Mr. Adarsh Kumar Gupta, Advocate versus KUSUM LATA SHARMA ..... Respondent Through: Mr. V.K. Garg, Senior Advocate with Mr. Sagar Saxena, & Ms. Noopur Dubey, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner admittedly is a tenant in a portion described as two rooms each on the first and the second floor of the property bearing No.C-586, Gali No.12, Majlis Park, Delhi-110 033 (hereinafter referred to as the tenanted premises). The respondent had instituted a case for eviction (E.No.03/2011) on 06.01.2011 against him on the ground of bona fide need under Section 14(1)(e) of the Delhi Rent Control Act, 1958. The eviction case was contested by the petitioner (the tenant) on various grounds, the prime plea being that the respondent (landlady), a widow, who does not have any children of her own, has ava...


Apr 17 2018

Ntpc Limited vs.patel Engineering Limited

Court: Delhi

Decided on: Apr-17-2018

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. h April, 2018 + O.M.P. (COMM) 156/2018 NTPC LIMITED ........ Petitioner Through Mr.S.B. Upadhyay, Senior Advocate with Mr.Tarkeshwar Nath, Mr.Onkar Nath and Mr.Nishant Kumar, Advocates. versus PATEL ENGINEERING LIMITED ..... Respondent Through Mr.Dayan Krishanan, Senior Advocate with Ms.Malavika Lal, Ms.Aakashi Lodha and Ms.Gunika Gupta, Advocates CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) IA No.5107/2018 (Exemption) Allowed, subject to all just exceptions. O.M.P. (COMM) 156/2018 & I.A. No.5108/2018 (Stay) 1. Issue notice. Notice is accepted by Ms.Malavika Lal, Advocate on behalf of the respondent.2. This petition under Section 34 of the Arbitration & Conciliation Act, 1996 has been filed by the petitioner challenging the Arbitral Award dated 01st December, 2017 passed by the Arbitral Tribunal adjudicating the disputes which had arisen between the parties in relation to the award of work of Construc...


Apr 17 2018

Jagbir Singh and Ors. Vs.union of India and Ors

Court: Delhi

Decided on: Apr-17-2018

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgement:17. h April, 2018 + W.P.(C) 10235/2016 JAGBIR SINGH & ORS .....Petitioners Through: Mr. Rajesh Gupta and Mr. M.C. Verma, Advocates. Versus UNION OF INDIA & ORS .....Respondents Through: Mr. Rajul Jain, Advocate for UOI. Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Mr. Sumit Rana, Advocate DSIIDC. for CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(Oral) 1. This is a petition under Article 226 of Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to land bearing Khasra No.'s 66//19, 21, 22, 67//6/1, 68//9, 10 situated in the revenue estate of village Sultanpur Dabas, Delhi (hereinafter referred as the 'subject land') stand lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter...


Apr 17 2018

Geeta & Ors vs.u P Roadways (Upsrtc) & Anr

Court: Delhi

Decided on: Apr-17-2018

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. h April, 2018 + MAC.APP. 385/2017 and C.M. Appl. 15407/2017 UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Ms. Garima Prashad and Mr. Shadab Khan, Advocates versus GEETA & ORS Through: Mr. Shekhar Aggarwal, Mr. ........ RESPONDENTS Rahul Mohod and Mr. Suresh Kumar, Advocates for respondents No.1 to 5 + MAC.APP. 850/2017 GEETA & ORS ..... Appellants Through: Mr. Shekhar Aggarwal, Mr. Rahul Mohod and Mr. Suresh Kumar, Advocates versus U P ROADWAYS (UPSRTC) & ANR ........ RESPONDENTS Through: Ms. Garima Prashad and Mr. Shadab Khan, Advocates CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant/UPSRTC in MAC. APP. 385/2017 has challenged the award of the Claims Tribunal whereby compensation of Rs.16,90,000/- has been awarded to the claimants. MAC. APP. Nos.385/2017 & 850/2017 Page 1 of 4 2. The accident dated 04th June, 2015 resulted in the death of Ramesh Kumar. The deceased was ...


Apr 17 2018

Dharmvir vs.union of India

Court: Delhi

Decided on: Apr-17-2018

$~4 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:17. h April, 2018 FAO282016 DHARMVIR ..... Appellant Through: Mr. D. Sabharwal, Adv. Versus UNION OF INDIA ..... Respondent Through: Mr. Joydeep Mazumdar, Adv. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns an order dated 31.08.2015 passed by the Railway Claims Tribunal, Principal Bench, Delhi, dismissing the appellant's claim for compensation, which was sought on account of the demise of one Anuj Kumar in a train accident on 01.11.2012.2. The appellant, i.e. the father of the deceased Anuj Kumar, had claimed that that on 01.11.2012 the deceased Anuj Kumar purchased a valid train ticket bearing No.802729 for journey from Dankaur (Uttar Pradesh) to Faridabad (Haryana); he travelled upto Ghaziabad in one train, then boarded another train from Ghaziabad to travel upto Delhi, from where he was to board another for Faridabad. The appellant has contended that at the time when deceas...


Apr 16 2018

Atiq Ansari vs.state (Nct of Delhi)

Court: Delhi

Decided on: Apr-16-2018

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:16. 04.2018 CRL.REV.P. 32/2018 ATIQ ANSARI versus STATE (NCT OF DELHI) ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. S.S. Haider, Advocate For the... RESPONDENTS : Mr. Mukesh Kumar, APP for the State. SI Suman, PS Paharganj. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1604.2018 SANJEEV SACHDEVA, J.(ORAL) CRL.REV.P. 32/2018 & Crl.M.A.599/2018 (stay) 1. The petitioner is aggrieved by order dated 01.12.2017, whereby, the charge has been framed against the petitioner under SectionsIPC.2. The allegations in the FIR are that the prosecutrix was known to the accused-petitioner. It is contended that, on 16.07.2017, the prosecutrix met the petitioner along with her friend and after having lunch the friend left. Thereafter, the petitioner is alleged to have asked the prosecutrix to accompany him to meet a lady client of his. They went to a hotel where the CRL.REV...


Apr 16 2018

Rajiv Joshi vs.anand Swaroop

Court: Delhi

Decided on: Apr-16-2018

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. h April, 2018 + O.M.P. 7/2018 RAJIV JOSHI Through: Mr.A.B.Kaushik, Adv. ........ Petitioner versus ANAND SWAROOP Through: Nemo ..... Respondent CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the Arbitral Award dated 20th February, 2018 passed by the Sole Arbitrator adjudicating the disputes between the parties in relation to the alleged Agreement to Sell dated 18th April 2014.2. The petitioner claiming that the respondent had executed an Agreement to Sell dated 18th April 2014 by which he had agreed to sell built up property bearing No.161, ad measuring 30 sq. yds. situated in the abadi of Hardyan Singh Road, Karol Bagh, New Delhi (hereinafter referred to as the property) for a total sale consideration of Rs.5 crores and had also received Rs.2....


Apr 16 2018

Central Government Employess Residents Welfare Association vs.union of ...

Court: Delhi

Decided on: Apr-16-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 16, 2018 + W.P.(C) 3691/2018 & C.M. 14677/2018 CENTRAL GOVERNMENT EMPLOYESS RESIDENTS WELFARE ASSOCIATION ........ Petitioner Through: Mr. S. Sunil & Mr. Jagdish N., Advocates Versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr. Manish Mohan, Central Government Standing Counsel for respondent No.1 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR1 ORDER (ORAL) Declaration of 228 double storey quarters of Central Public Works Department (CPWD) in Block No.11, 12 & 13 in Dev Nagar, Karol Bagh, New Delhi, as unsafe/ dangerous is the subject matter of this writ petition.... Petitioner is a Residents Welfare Association, who has filed this petition on behalf of allottees of Government quarters in Dev Nagar, Karol Bagh, New Delhi and the list of allottees is attached to this petition. Respondent-Directorate of Estates, vide its Communication of 13th November, 2017 (Annexure P-1) had decided to cancel the allotment of Type-III, Go...


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