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Delhi Court May 2018 Judgments

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May 29 2018

Ramesh Prasad Gupta vs.anita Devi & Ors

Court: Delhi

Decided on: May-29-2018

$~1 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. h May, 2018 RAMESH PRASAD GUPTA RFA1432011 & CM APPL. 21012/2018 ..... Appellant Through: Mr. Achal Gupta and Ms. Annie Rai, (M-8860751919) with Advocates Appellant in person. ANITA DEVI & ORS. versus ........ RESPONDENTS Through: Mr. Divya Darshan Sharma, Advocate (M-9958275552). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(oral) The present appeal arises out of the impugned judgment and order 1. dated 24th December, 2010 by which the suit for damages/compensation was decreed in favour of the Plaintiffs/Respondents (hereinafter `Plaintiffs) herein for a sum of Rs.7,00,000/- to be apportioned between the Plaintiffs.2. The case relates to an incident which took place on 12th July, 2007 when the Plaintiff No.1s husband Shri Surender Singh was allegedly called by the Appellant/Defendant (hereinafter Defendant) for repair of the water pipes located next to the Defendants property. The allegation was that, due to...


May 29 2018

Rajeev Kumar vs.reliance General Insurance Company Ltd & Ors

Court: Delhi

Decided on: May-29-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. h May, 2018 $~16 & 17 * % + MAC.APP. 825/2017 & CM No.33438/2017 RAJEEV KUMAR & ORS RELIANCE GENERAL INSURANCE CO LTD versus Through Ms.Prerna Mehta, Advocate ..... Appellant ........ RESPONDENTS Through Mr.Ramraghvendra Kumar, Avocate Mr.Pankaj Gupta, Advocate as amicus curiae. ..... Appellant Through Mr.Ramraghvendra Kumar, Avocate RAJEEV KUMAR + MAC.APP. 1032/2017 versus RELIANCE GENERAL INSURANCE COMPANY LTD & ORS Through Ms.Prerna Mehta, Advocate ........ RESPONDENTS Mr.Pankaj Gupta, Advocate as amicus curiae. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The parties have challenged the award of the Claims Tribunal whereby compensation of Rs.29,70,377/- along with interest @ 9% per annum has been awarded to Rajeev Kumar. MAC. APP. 825/2017, 1032/2017 Page 1 of 4 2. On 31st October, 2012 at about 11.30 PM, Rajeev Kumar was going on his motor cycle bearing No.DL-8S-NE-0448 when he was hit by a truck bearing no.H...


May 29 2018

N. D. Taneja and Ors. Vs.union of India and Ors.

Court: Delhi

Decided on: May-29-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: May 29, 2018 W.P.(C) 5970/2018 & CM232812018 N. D. TANEJA AND ORS. ........ Petitioners Through: Mr. Amar Nath Gupta and Mr. Santosh Kumar Sahu, Advocates versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Mohinder J.S. Rupal and Mr. Prang Newmai, Advocates for respondent-DU Ms. Monika Arora and Mr. Kushal Kumar, Advocates for respondents No.1 and 2 Mr. Apoorv Kurup, Mr. Avanish Rathi and Ms. Isha Mital, Advocates for respondent No.4 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioners upon retirement had taken employers contribution to CPF under protest, with an undertaking to refund it and had applied for grant of GPF/pension.2. Learned counsel for petitioners submits that vide Representation of 17th May, 2014, switch-over from CPF to GPF-cum-Pension Scheme was sought by petitioners, but there is no response to the said Representation, despite Reminders of 8th September, 2016 and 27th December, 2016 ...


May 28 2018

Balwinder Singh Virdi & Anr vs.paramajeet Kaur

Court: Delhi

Decided on: May-28-2018

* + % + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.437/2018 RFA No.438/2018 Judgment reserved on:22. d May, 2018 Judgment pronounced on:28. h May, 2018 RFA No.437/2018 BALWINDER SINGH VIRDI & ANR. ..... Appellants Through: Mr. Tarun Sharma, Advocate with Mr. Varun Gupta, Advocate. versus PARAMAJEET KAUR .....Respondent Through: Mr. Amit Bhatia, Advocate. + RFA No.438/2018 BALWINDER SINGH VIRDI & ANR. ..... Appellants Through: Mr. Tarun Sharma, Advocate with Mr. Varun Gupta, Advocate. versus PARAMAJEET KAUR ..... Respondent Through: Mr. Amit Bhatia, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. RFA Nso.437- 438/2018 Page 1 of 15 VALMIKI J.MEHTA, J Caveat No.488/2018 in RFA No.437/2018 1. Counsel for the caveator enters appearance. Caveat stands discharged. C.M. Appl. No.21600/2018 (for exemption) in RFA No.437/2018 C.M. Appl. No.21608/2018 (for exemption) in RFA No.438/2018 2. Exemptions allowed subject to just exceptions. C.Ms. stand di...


May 28 2018

Triune Energy Services Pvt Ltd vs.indian Oil Petronas Pvt Ltd

Court: Delhi

Decided on: May-28-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:28. 05.2018 + O.M.P. (COMM) 5/2016 TRIUNE ENERGY SERVICES PVT LTD ...Petitioner Versus INDIAN OIL PETRONAS PVT LTD Advocates who appeared in this case: For the... Petitioner For the Respondent... RESPONDENT:Mr Nakul Dewan, Mr Dushyant Manocha, Ms Ananya Gose and Mr Zain Maqbool. :Mr Jayant Mehta, Mr Indranil Ghosh, Mr Kumal Singh and Mr Shubhankar. CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J JUDGMENT1 The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act), inter alia, impugning the arbitral award dated 29.07.2015 (hereafter the impugned award) delivered by the Arbitral Tribunal constituted by a sole arbitrator, namely, Sh Ramesh Chandra Jindal (hereafter the Arbitral Tribunal). The impugned award was rendered in the context of disputes that had arisen between the parties in relation to the contract for execution of the work of Project Manage...


May 28 2018

Varinder Pal Singh & Anr vs.bptp Ltd

Court: Delhi

Decided on: May-28-2018

$~1 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 350/2017 & IA No.12374/2017 VARINDER PAL SINGH & ANR ........ Petitioners BPTP LTD Through: Mr Sharique Hussain, Advocate. versus Through: Mr Manish Sharma and Mr Ninad ..... Respondent Dogra, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2805.2018 VIBHU BAKHRU, J1 The petitioner has filed the present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter the Act), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that are stated to have arisen between the parties in relation to the Flat Buyers Agreement dated 24.07.2007 (hereafter the Flat Buyers Agreement). The Flat Buyers Agreement includes an arbitration clause, which reads as under:-"33. Arbitration: All or any disputes arising out of or touching upon or in relation to the terms of this Agreement including the interpretation and validity of the terms thereof and the respective rights and obligations of the pa...


May 28 2018

Sharad Kumar Dubey vs.airports Authority of India Through: Its Chairma ...

Court: Delhi

Decided on: May-28-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: May 28, 2018 + W.P.(C) 7080/2016 + W.P.(C) 7083/2016 + W.P.(C) 7084/2016 + W.P.(C) 7085/2016 + W.P.(C) 7130/2016 + W.P.(C) 7225/2016 + W.P.(C) 10918/2016 & CM427472016 G. REVATHI R. VIJAYA KUMARI SHARAD KUMAR DUBEY R.R. RAVI KUMAR J.YUVARANI T.T. POULOSE & ORS. ULHAS KULKARNI & ORS ........ Petitioners Through: Mr. Ashish Dixit, Ms.Drishti Jha and Mr. Rishabh Tripathi, Advocates Versus AIRPORTS AUTHORITY OF INDIA THROUGH: ITS CHAIRMAN & ORS .....Respondents Through: Mr. Digvijay Rai and Mr. Pulkit Tyagi, Advocates for respondent-AAI Mr. Vikram Jetly, CGSC for respondent No.2 (in I-14 to19) Mr. Roshan Lal Goel and Ms. Anju Gupta, Advocates for respondent No.2 (in I-21) CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) W.P.(C) 7080/2016 & connected matters Page 1 of 5 1. With the consent of learned counsel for parties, the above- captioned petitions have been heard together and are being disposed of by this common order.2. A manda...


May 28 2018

Ravi Kant Thakral vs.bank of Baroda and Anr.

Court: Delhi

Decided on: May-28-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of Order: May 28, 2018 + W.P.(C) 5867/2018 & CM228522018 1. RAVI KANT THAKRAL .....Petitioner Through: Mr. Rohit Kumar Modi, Advocate versus BANK OF BARODA AND ANR. .....Respondents Through: Mr. Bhupendra Singh Chauhan, CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Advocate ORDER (ORAL) Although petitioner has retired, but he is aggrieved by impugned promotion order of 9th April, 2018 (Annexure P-8) which has been issued from Mumbai. No Representation has been filed by petitioner against impugned promotion.2. Learned counsel for petitioner submits that a Representation in respect of impugned promotion would be made to the Executive Director of respondent-Bank at Mumbai within a period of two weeks from today. While leaving the question of territorial jurisdiction open, it is deemed appropriate to dispose of this petition and the application with permission to petitioner to file a Representation against impugned promotion order (Annexure P-8) withi...


May 28 2018

dr.jagat Narain Subharti Charitable Trust and Anr. Vs.union of India a ...

Court: Delhi

Decided on: May-28-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:23. 05.2018 Date of Decision:28. 05.2018 + WP (C) No.5006/2018 DR.JAGAT NARAIN SUBHARTI CHARITABLE TRUST & ANR. Through: Mr.Guru Krishna Kumar, Sr. ....... Petitioners Adv. with Mr.Vivek Singh, Mr.Amitabh Sinha &Mr.Swastik Dalai, Advs. Versus UNION OF INDIA AND ANR. ........ RESPONDENTS Through: Mr.Aman Nandrajog, Adv. for applicant in & C.M. No.No.20812/2018. Mr.Vikas Singh, Sr. Adv. with Mr.T. Singhdev, Ms.Puja Sarkar & Ms.Biakthansangi Das, Advs. for R-2. CORAM: HON'BLE MS. JUSTICE REKHA PALLI JUDGMENT REKHA PALLI, J.1. Vide the present petition, the... Petitioner No.1/Trust and... Petitioner No.2/College have impugned the order dated 20.04.2018, whereby the Respondent No.1/Union of India has, on the basis of the recommendations dated 20.03.2018 made by the Respondent No.2/Medical Council of India (MCI), disapproved the... Petitioners' application/scheme seeking renewal of permission for admission of the third batch of 150 stu...


May 28 2018

Yoginder Singh & Anr. Vs.sumit Gahlot & Ors.

Court: Delhi

Decided on: May-28-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.456/2018 + % YOGINDER SINGH & ANR. 28th May, 2018 ..... Appellants Through: Mr. R.S. Tomar, Adv. versus SUMIT GAHLOT & ORS. ........ RESPONDENTS Through: Mr. Pankaj Vivek, Adv. for R-6/caveator. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CAVEAT No.518/2018 1. Since counsel for the caveator has entered appearance, the caveat stands discharged. C.M. Appl. No.22637/2018(for exemption) 2. Exemption allowed, subject to all just exceptions. I.A. stands disposed of. RFA No.456/2018 & CM Appl.No.22636/2018(stay) 3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the two defendants in the RFA No.456/2018 Page 1 of 12 suit, being defendants No.2 and 3, and who are the appellants in this appeal, impugning the judgment of the Trial Court dated 31.3.2018. By the impugned judgment, trial court has decreed the suit filed by the respondent ...


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