Delhi Court May 2018 Judgments
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Union of India vs.rk Jain
Court: Delhi
Decided on: May-29-2018
$~3 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:29. 05.2018 FAO1832016 & C.M.No.15366/2016 UNION OF INDIA ..... Appellant Through: Ms. Geetanjali Mohan, Advocate. Versus RK JAIN Through: Mr. Faiyaz Hasan, Advocate. ..... Respondent CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) It is the appellants case that the impugned order dated 23.01.2016 and the arbitral Award have erred insofar as the respondent had been awarded an amount beyond the terms of the Contract. As per Clause 7.3 of the contract, the respondent-supplier of Elastic Rail Clip (ERC) was to be given a difference in the MODVAT of steel, if it was more than the quantum of steel input in the MODVAT amount of Rs.2.74 which figure was allowed to be retained by the respondent on the ERC at the time of awarding the Tender. The latter amount had been quoted by the respondent. The Clause 7.3 reads as under:-"" The MODVAT benefits as available on the Inputs as on date of opening of tender, whi...
Kiranjot Singh vs.directorate of Education & Anr.
Court: Delhi
Decided on: May-29-2018
* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: May 29, 2018 KIRANJOT SINGH W.P.(C) 8172/2017 Through: Ms. Awantika Manohar, Advocate .....Petitioner versus DIRECTORATE OF EDUCATION & ANR. .....Respondents Through: Mr. Puneet Mittal, Senior Advocate with Mr. Ankur Goel, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Impugned order of 17th May, 2017 (Annexure-A/32) declines petitioners application for re-employment, while noting that on 2nd February, 2017, a warning was issued to petitioner to abstain herself from inflicting corporal punishment, which was preceded by a Show-Cause Notice of 31st January, 2017. Impugned order also notes that Show- Cause Notice of 15th February, 2017 was issued to petitioner for her misconduct in the Principals room and that complaints were received from the parents and the students. Impugned order concludes that all relevant records, including ACRs and memo issued to petitioner for the last five years, have been perused and ther...
Mera Baba Pvt. Ltd vs.ram Lubhaya Puri & Ors
Court: Delhi
Decided on: May-29-2018
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI MERA BABA PVT. LTD. CS(OS) 308/2016 & CC No.10/2017 Date of decision:29. h May, 2018 Through: Mr. ...... Plaintiff Jayant Mehta, Mr. Kapil Wadhwa, Ms. Devyani Nath and Mr. Rahul Kukreja, Advs. Versus RAM LUBHAYA PURI & ORS ...Defendants Through: Ms. Smita Mann, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit for recovery of Rs.2,60,00,000/- jointly and severally from the defendants No.1 to 5 i.e. (i) Ram Lubhaya Puri; (ii) Smt. Janak Puri; (iii) Amit Puri; (iv) Subodh Kumar; and, (v) Sneha Lata, pleading: (a) that the plaintiff entered into an Agreement to Sell dated 20th May, 2013 with the defendants, to purchase certain agricultural land, and as per the Agreement, defendants received an amount of Rs.2,60,00,000/- from the plaintiff as advance money; (b) that the defendants acknowledged receipt of payment of Rs.40 lakhs and thereafter of Rs.2,20,00,000/- in the Agreement to Sell; (c) that the defe...
Sanjay Kapur & Anr vs.planters Pride & Ors
Court: Delhi
Decided on: May-29-2018
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h May, 2018. CS(COMM) 125/2017 & IAs No.21699/2015 (u/O XXXIX R-1&2 CPC), 3151/2016 (u/O VIII R-1 CPC) & 13417/2017 (of D-2&4 u/O XXXIV R-4 CPC) & CCP(O) Nos.123/2015 & 25/2016 SANJAY KAPUR & ANR ..... Plaintiffs Through: Ms. Suhasini Raina and Mr. Ashwin Kumar, Advs. Versus PLANTERS PRIDE & ORS ..... Defendants Through: Mr. Manish Biala, Mr. Devesh Ratan and Mr. Ashutosh Upadhyaya, Advs. with Mr. D-4 in person. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW The two plaintiffs, namely Sanjay Kapur as proprietor of AAP KI1 PASAND and Naina Kapur as proprietor of AAP KI PASAND EXPORTS, carrying on business of marketing and export of tea, have instituted this suit to restrain the four defendants namely (i) Planters Pride; (ii) Holistic Healing; (iii) Amrita Chopra; and, (iv) Dhruv Baijnath, also in the business of market and export of tea, from advertising and selling their tea in packaging similar/slavish imitation of the ...
Sharda Devi vs.sachin Pratap Singh & Ors.
Court: Delhi
Decided on: May-29-2018
$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. 05.2018 CM(M) 1347/2017 & C.M. Nos.43154-155/2017 SHARDA DEVI ........ Petitioner Through Mr.Pranay Kumar with Mr.Piyush Prabhakar & Mr.S.N.Thakur, Advs. Versus CORAM: HON'BLE MS. JUSTICE REKHA PALLI SACHIN PRATAP SINGH & ORS Through Mr.Surjan Singh, Adv for R-3. ..... Respondent REKHA PALLI, J (ORAL) 1. Vide the present petition, the... Petitioner has impugned the order dated 19.08.2017 passed by the Motor Accidents Claim Tribunal, Rohini Courts, Delhi (hereinafter referred to as the "MACT") in MAC No.46rejecting her application for pre-mature release of the amount lying in FDRs in her name in accordance with the MACTs Award dated 09.09.2016.2. The brief facts as emerge from the record are that after her husband had met with a fatal accident on 11.04.2014, the petitioner filed MAC No.110/2015, which matter was settled by the Lok-Adalat on 13.08.2016. Subsequently, the MACT vide its award dated 09.09.2016, decreed the ...
M/S Metrro Waste Handling vs.delhi Jal Board
Court: Delhi
Decided on: May-29-2018
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:23. 05.2018 Pronounced on:29. 05.2018 + W.P.(C) 5372/2018 & CM APPL. 20895-20896/2018 M/S METRRO WASTE HANDLING ........ Petitioner Through : and Mr. Arjun Singh, Advocates. Mr. Manmeet Arora, Mr. Sarad K. Sunny versus DELHI JAL BOARD ..... Respondent Through : Mr. Sumeet Pushkarana, Standing Counsel and Mr. Devanshu Lahiry, Advocate with Mr. Bhupesh Kumar (S.E.), Mr. V.K.Grover (E.E.) and Mr. Ravi Kumar for DJB. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT % There is no 'as far as possible' on the question of un-touchability. If it is to go, it must go in its entirety. Mahatma Gandhi 1. Long ago, when the Indian Constitution was inaugurated, B.R. Ambedkar prophetically observed we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality. In politics we will be recognizing the principle of on...
Dezhou Shengli Pipeline Crossing Engineering India Pvt Ltd. Vs.ministr ...
Court: Delhi
Decided on: May-29-2018
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. 05.2018 + W.P.(C) 6001/2018 and CM APPL. 23378/2018 (stay) DEZHOU SHENGLI PIPELINE CROSSING ENGINEERING INDIA PVT LTD. Through: Mr.Raman Gandhi, Advocate. ........ Petitioner versus MINISTRY OF PETROLEUM AND NATURAL GAS AND ORS. Through: Mr.Vivek Goyal, CGSC with ........ RESPONDENTS Mr.Harsh Pandit, Advocate for UOI/R1 & R2 with Mr. Parmeet Jha, G.P. Mr.Anish Dayal, Advocate with Mr.Rupam Sharma, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA HON'BLE MR. JUSTICE S. RAVINDRA BHAT (ORAL) % 1. The petitioners complaint is with respect to its alleged unfair bid rejection by the Indian Oil Corporation Limited (IOCL). The IOCL had issued a notice inviting tender (NIT) for the installation of 18/16/14 OD pipeline across major river/canal/nala crossing of product pipeline from Paradip to Hyderabad by Horizontal Directional Drilling (HDD) Technique and associated works. The NIT was i...
Bharti Axa General Insurace Co Ltd vs.birmati & Ors
Court: Delhi
Decided on: May-29-2018
$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:29. h May, 2018 BHARTI AXA GENERAL INSURACE CO LTD ..... Appellant Through: Mr. Ved Vyas Tripathi, Advocate + MAC.APP. 1078/2017 BIRMATI & ORS versus ........ RESPONDENTS Through: Mr. O.P. Mannie, Advocate CORAM: HON'BLE MR. JUSTICE J.R. MIDHA ]. JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.41,05,000/- has been awarded to respondents No.1 to 4. The appellant seeks reduction of the award amount.2. The accident dated 09th July, 2012 resulted in the death of Ranvir Singh. The deceased was aged 40 years at the time of the accident and was working as Assistant Sanitary Inspector (ASI) with Municipal Corporation of Delhi and was drawing a salary of Rs.24,521/- per month. The deceased was survived by his widow, two sons and father who claimed compensation before the Claims Tribunal.3. The Claims Tribunal took the income of the deceased as Rs.24,521/- per month, adde...
Vikas Goel & Anr vs.union of India & Anr
Court: Delhi
Decided on: May-29-2018
$~14 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5922/2018 and CM Nos.23115-16/2018 % Date of decision :29. h May, 2018 VIKAS GOEL & ANR ........ Petitioners Through : Mr. Rishabh Jain, Adv. versus UNION OF INDIA & ANR ........ RESPONDENTS Through : Mr. Vikram Jetly, CGSC for R-1 & 2. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE CM Nos.2115-16/2018 (exemption) Allowed subject to all just exceptions. Application stands disposed of. W.P.(C)5922/2018 1. Issue notice to the respondents as to why rule nisi be not issued.2. Mr. Vikram Jetly, learned CGSC accepts notice on behalf of respondents.3. The petitioners were the Directors of Arvee Wires Pvt. Ltd. and had submitted his resignation to the Board of Directors on 8th WP(C) No.5922/2018 Page 1 of 3 April, 2011. However, the Board of Directors failed to take requisite steps for informing the Registrar of Companies. The respondents are not in a position t...
Haryana Shakti Senior Seconday School vs.directorate of Education and ...
Court: Delhi
Decided on: May-29-2018
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:-"29.05.2018 + W.P.(C) 5993/2018 HARYANA SHAKTI SENIOR SECONDARY SCHOOL Through Mr.Sanjay Sharawat, Adv. ........ Petitioner versus DIRECTORATE OF EDUCATION AND ANR. ..... Respondent Through Mr.Subrahmanyam, Adv. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. Vide the present petition, the petitioner/school, has impugned a show-cause notice dated 21.05.2018 issued by the respondent no.2 to it, wherein the respondent no.2 has come to a prima facie conclusion that the petitioners management committee has not only acted in disregard of the provisions of the Rule 117, 118 and 120 of the Delhi School Education Act, 1973 (hereinafter referred to as DSEA) and the Delhi School Education Rules, 1973 (hereinafter referred to as DSER) but has also failed to comply with the directions of its order dated 12.06.2017. Vide the impugned show-cause notice, the respondent no.2 has given an opportunity to the petitioner to sho...
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