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Delhi Court August 2018 Judgments

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Aug 16 2018

Manohar Lal Khetrapal & Ors. Vs.hari Chand (Decd.) Thr. Lrs. & Anr.

Court: Delhi

Decided on: Aug-16-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.265/2017 + % MANOHAR LAL KHETRAPAL & ORS. 16th August, 2018 ..... Appellants Mr. Baldev Krishan, Advocate (9810134261) Through: versus HARI CHAND (DECD.) THR. LRS. & ANR. ........ RESPONDENTS Through: Mr. Akhil Mittal, Addl. Standing Counsel and Mr. Vineet Mishra, Adv. for R-1/ (LRs. (i) to (iv) (9212504099) Mr. Karan Sharma and Mr. Rohit, Advocates for DDA. (9999777847) CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 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 19.11.2016 by which the trial court has dismissed the suit for specific performance filed by RFA No.265/2017 Page 1 of 16 the appellants/plaintiffs against the defendant no.1 Sh. Hari Chand (now deceased and represented by his legal heirs). The suit property is property No.50, Transport Cente...


Aug 16 2018

M/S Arss Infrastructure Projects Ltd vs.calcutta Haldia Port Road Comp ...

Court: Delhi

Decided on: Aug-16-2018

$-12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. h August, 2018 M/S ARSS INFRASTRUCTURE PROJECTS LTD Through: Mr. Hitendra Nath Rath, Adv. ..... Decree Holder + O.M.P. (ENF.) (COMM) 55/2017 versus CALCUTTA HALDIA PORT ROAD COMPANY LTD. Through: Mr. Siddharth Pandey & Mr. Gaurav ...... Judgement Debtor Mishra, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This enforcement petition has been filed by the petitioner seeking enforcement of the Arbitral Award dated 10.05.2013 passed by the Sole Arbitrator. The operative portion of the Award, so far as is relevant to the present limited controversy is reproduced hereinbelow:-"2.8 The AT held that the Claimant is entitled for award of interest on the cost of pavers of Rs. 2 crores claimed to be considered by them while submitting the auction bid. The Claimant has availed finance for purchase of auctioned machinery from Bank of India, Bhubaneswar mid Corporate Branch at the rate of interest of 15.25%...


Aug 16 2018

Ajab Singh vs.land & Building Department

Court: Delhi

Decided on: Aug-16-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 16, 2018 + W.P.(C) 10021/2017 1. AJAB SINGH Through: Mr. N.S.Dalal, Advocate ........ Petitioner Versus LAND & BUILDING DEPARTMENT ..... Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Through: Mr. R.K.Sharma, Advocate ORDER (ORAL) Impugned order of 27th January, 2017 (Annexure P-1) rejects petitioners application for allotment of alternate plot in lieu of acquired land, while observing that less than one bigha of petitioners land was acquired and the registered Relinquishment Deed has not been filed. Impugned order also takes note of the fact that affidavit filed is of petitioners brother, which is notarized instead of being duly attested.2. The challenge to the impugned order by learned counsel for petitioner is on the ground that registered Relinquishment Deed was submitted and as per Revenue Record, petitioner and his co-sharers had possessed more than one bigha of land, which was acquired. It is submitted that petiti...


Aug 16 2018

Joginder Singh Bote & Ors. Vs.nct of Delhi & Anr.

Court: Delhi

Decided on: Aug-16-2018

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 4117/2018 Judgment delivered on:16. 08.2018 JOGINDER SINGH BOTE & ORS. versus NCT OF DELHI & ANR. Advocates who appeared in this case: ........ Petitioners ........ RESPONDENTS For the... Petitioner : For the Respondent: Mr. Vijay Joshi, Adv. Mr. Kamal Kr.Ghai, Addl. PP for the State with ASI Laxmi, P.S.CWC, Nanakpura. Mr. Ramesh Kumar, Adv. for R-2. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1608.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.30024/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4117/2018 1. The petitioners seek quashing of FIR No.150 of 2017 under Sections 498A/406/3of the IPC registered at Police Station Crime (Women) Cell, Nanakpura, New Delhi, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial CRL.M.C. 4117/2018 Page 1 of 3 discord.2. Learned counsels for the parties submit that the parties have settled their disputes and a Settlement...


Aug 16 2018

Oakridge Energy Private Limited vs.amplus Power Solutions Private Limi ...

Court: Delhi

Decided on: Aug-16-2018

$~OS-5 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision 16.08.2018 CS(COMM) 869/2017 OAKRIDGE ENERGY PRIVATE LIMITED ..... Plaintiff Through Mr.Vikas Mehta, Mr.Pallav and Mr.Apoorv, Advs. versus AMPLUS POWER SOLUTIONS PRIVATE LIMITED & ORS Through Mr.Rajdee Choudhary and Mr.Aayush Chandra, Advs. for D-1 and D-2 ..... Defendant CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) IA No.4193/2018 1. This application is filed under Order 7 Rule 11(a) CPC, 1908 seeking rejection of the plaint. It has been pleaded that a perusal of the plaint would reveal that it is based on an incorrect and opportunistic reading of the Letter of Intent dated 9.1.2017. It is pleaded that under Clause 14 of the LOI the purpose of the said LOI was to facilitate further discussion to achieve execution of definitive documents, on the terms substantially reflecting the terms contained in the LOI. It is stated that LOI was not binding on the parties. It is further stated that LOI did not exh...


Aug 16 2018

Veer Wati and Ors vs.the Land Acquisition Collector

Court: Delhi

Decided on: Aug-16-2018

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:16. h August, 2018 + W.P.(C) 2714/2017 VEER WATI AND ORS ........ Petitioners Through Mr. Bhagwat Prashad Gupta, Advocate. versus THE LAND ACQUISITION COLLECTOR ..... Respondent CORAM: Through Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate, for L&B/LAC. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. Counter affidavit filed on behalf of LAC has been returned under objections. Mr. Yeeshu Jain, counsel for the LAC has handed over the counter affidavit in Court, which is taken on record.2. This petition has been filed by the petitioners under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings initiated in respect of the land of petitioners comprised in Khasra no.14measuring 11 bighas 12 biswas, situated in the revenue estate of village Kotla, Delhi (hereinafter referred to as the subject land) are deemed to hav...


Aug 16 2018

G K Sharma vs.nct of Delhi & Anr

Court: Delhi

Decided on: Aug-16-2018

$~5 & 6 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:16. h August, 2018 + CRL.M.C. 2288/2015 and Crl. M.A. 8642/2015 KIRTI SHARMA ........ Petitioner Through: Mr. Aditya Jain and Ms. Aakriti Dhawan, Advocates versus NCT OF DELHI & ORS ........ RESPONDENTS Through: Mr. Mukesh Kumar, APP for the State Ms. Meenakshi S. Devgan, Advocate for R-2 + CRL.M.C. 4756/2015 and Crl. M.A. 17177/2015 G K SHARMA ........ Petitioner Through: Mr. Aditya Jain and Ms. Aakriti Dhawan, Advocates versus NCT OF DELHI & ANR ........ RESPONDENTS Through: Mr. Mukesh Kumar, APP for the State Ms. Meenakshi S. Devgan, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The first information report (FIR) no.67/2013 was registered by police station Maya Puri on 13.03.2013 involving offences punishable Crl. M.C. Nos.2288/2015 & 4756/2015 Page 1 of 5 under Sections 498A, 406, 34 IPC on the complaint of the second respondent. The investigation into the said FIR was completed and a report under Se...


Aug 16 2018

Sardar Daljit Singh & Ors vs.sardar Inderjit Singh Khuman

Court: Delhi

Decided on: Aug-16-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :31st July, 2018 Date of decision :16th August, 2018 RFA8752016, CMs APPL.8942/2017, 8994/2017, 15331/2017 & 22338/2018 SARDAR DALJIT SINGH & ORS ..Appellants Through: Mr. J.P. Sengh, Senior Advocate with Mr. Hitender Kapur, Mr. Sagar Chawla, Ms. Manisha Mehta & Ms. Mrigna Advocates. (M:9810229189) Shekher, versus SARDAR INDERJIT SINGH KHUMAN ..Respondent Through: Mr. Sanjeev Sindhwani, Senior Advocate with Ms. Shobhana Takial, Advocate. (M:9810962950) + DALJIT SINGH & ORS WITH RFA382017 ..Appellants Through: Mr. J.P. Sengh, Senior Advocate with Mr. Hitender Kapur, Mr. Sagar Chawla, Ms. Manisha Mehta & Ms. Mrigna Shekher, Advocates. INDERJIT SINGH & ANR versus ..Respondents Through: Mr. Sanjeev Sindhwani, Senior Advocate with Ms. Shobhana Takial, Advocate. (M:9810962950) + DALJIT SINGH RFA392017 ..Appellant Through: Mr. J.P. Sengh, Senior Advocate with Mr. Hitender Kapur, Mr. Sagar Chawla, Ms. Manisha Mehta & Ms. Mrigna Shekher...


Aug 16 2018

Priyanka India Private Limited & Ors vs.union of India & Ors.

Court: Delhi

Decided on: Aug-16-2018

$~6, 13 & 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. 08.2018 + W.P.(C) 9898/2017 & CM403382017, 43024/2017 PRIYANKA INDIA PRIVATE LIMITED & ORS. ........ Petitioners Through : Mr Alok Yadav, Advocate. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through : Mr Gigi C.George, Senior Standing Counsel for R-1. Mr Sanjeev Narula, Senior Standing Counsel for R-2 & 3. + W.P.(C) 10314/2017 & CM420552017 SUNDER IMPEX PVT. LTD & ORS. ........ Petitioners Through : Mr Abhas Mishra and Ms Seema Singh, Advocates. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through : Mr Kirtiman Singh, CGSC with Mr Waize Ali Noor, Advocate for R-1. Mr Harpreet Singh, Advocate for R-2. WP(C) 9898/2017 & connected matters Page 1 of 8 + W.P.(C) 454/2018 & CM19462018 MAGPPIE INTERNATIONAL LTD. & ORS. ........ Petitioners Through : Mr Prashant Srivastava, Ms Malabika Sarkar and Mr Deepak Mahajan, Advocates. versus UNION OF INDIA & ANR. ........ RESPONDENTS Through : Mr Kirtiman Singh, CGS...


Aug 16 2018

Rakhi vs.babu Lal and Anr

Court: Delhi

Decided on: Aug-16-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. h August, 2018 EX.F.A. 9/2018, CM No.9638/2018 (for stay), CM No.9639/2018 (for condonation of delay of 399 days in filing appeal). RAKHI Through: Ms. Deepali Gupta, Adv. ..... Appellant versus BABU LAL AND ANR CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Execution First Appeal impugns the order [dated 4th November, Through: Ms. Urvashi Bhatia, Adv. ........ RESPONDENTS 2016 in Execution No.(New No.60653/16) of the Court of Additional District Judge-03 (West)]. of dismissal of objections preferred by the appellant along with her brother and sister (who have not been impleaded as parties to this appeal) to the execution sought by the respondent no.1/decree holder of a compromise decree [dated 2nd November, 2012 in Suit No.513/2012 of the Court of Additional District Judge-06 (West)]. in a suit filed by the respondent no.1/decree holder against respondent no.2/defendant/judgment debtor Bhagwati Devi, being the moth...


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