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Delhi Court August 2018 Judgments

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Aug 30 2018

Fateh Chand Sharma & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Aug-30-2018

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:30. 08.2018 CRL.M.C. 4403/2018 FATEH CHAND SHARMA & ORS versus ........ Petitioners STATE & ANR ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : For the... RESPONDENTS: Mr.Ajay Gulati, Adv. Mr.Kamal Kr.Ghai, APP with ASI Surinder Dutt, P.S.Hari Nagar. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT3008.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.31030/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4403/2018 1. The petitioners seek quashing of FIR No.29/2013 under Sections 498A IPC, Police Station Adarsh Nagar.2. The subject FIR emanates out of matrimonial discord.... Petitioner No.1 is the grandfather of petitioner No.4, the husband and CRL.M.C. 4403/2018 Page 1 of 3 is stated unwell and presently at Sonepat. Learned counsel for the petitioners submits that call was received in the morning and petitioner No.4 had to rush to Sonepat to take care of h...


Aug 30 2018

Sandali Sharma Through Sh. Praveen Kumar Sharma (Gaurdian) vs.delhi Un ...

Court: Delhi

Decided on: Aug-30-2018

#44 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:30. 08.2018 W.P.(C) 6937/2018, CM APPL263222018 SANDALI SHARMA THROUGH SH. PRAVEEN KUMAR SHARMA (GAURDIAN) ........ Petitioner versus DELHI UNIVERSITY AND ORS ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS : Ms. Rachana Chhiber, Advocate. :Mr.AmitBansalandMs.SeemaDolo,Advocatesfor R-1.Ms.IshaMitalandMr.ApoorvKurup,Advocatesfor R-2. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J (ORAL) 1. The present petition instituted under Article 226 of the Constitution of India prays as follows:-"a) To allow the present writ petition under article 226 of Constitution of India, 1950 for issuance of writ of mandamus or any other writ, order and direction to the respondents to admit the petitioner in the batch of W.P.(C) 6937/2018 Page 1 of 4 2018-2019 in the course namely Bachelor of Science in Physical Education, Health Education and Sports in Deshbandhu...


Aug 30 2018

Future Generali India Insurance Co. Ltd. Vs.manik Sheikh & Ors.

Court: Delhi

Decided on: Aug-30-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: August 30, 2018 + MAC.APP. 1103/2017 FUTURE GENERALI INDIA INSURANCE CO. LTD. Through: Mr. Amit Kumar Maihan, Advocate .....Appellant Versus MANIK SHEIKH & ORS. ........ RESPONDENTS Through: Mr. Anshuman Bal, Advocate + MAC.APP. 5/2018 FUTURE GENERALI INDIA INSURANCE CO. LTD. Through: Mr. Amit Kumar Maihan, Advocate .....Appellant Versus MONIKA SHEIKH & ANR. . ....... RESPONDENTS Through: Mr. Anshuman Bal, Advocate + MAC.APP. 6/2018 FUTURE GENERALI INDIA INSURANCE CO. LTD. Through: Mr. Amit Kumar Maihan, Advocate .....Appellant Versus MANIK SHEIKH & ANR. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Through: Mr. Anshuman Bal, Advocate ........ RESPONDENTS JUDGMENT (ORAL) Page 1 of 5 MAC.APP. 1103/2017 MAC.APP. 5/2018 MAC.APP. 6/2018 1. The above captioned first appeal arise out of impugned Award of 7th September, 2017 vide which Motor Accident Claims Tribunal (henceforth referred to as the Tribunal) has awarded compensation of `12,04,...


Aug 30 2018

Gaurav Gupta vs.state (Nct of Delhi) & Ors

Court: Delhi

Decided on: Aug-30-2018

$~13 IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3592/2016 GAURAV GUPTA Decided on:-"30th August, 2018 ........ Petitioner Through:... Petitioner in person. versus STATE (NCT OF DELHI) & ORS ........ RESPONDENTS Through: Ms. Meenakshi Dahiya, APP for the State. Mr. Yogesh Kumar, Adv. for R-3 to 7 9 & 13. Mr. Debopriyo Moulik & Mr. Aditya Wadhwa, Advs. for R-8. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner had moved the court of Chief Metropolitan Magistrate by petition dated 11.09.2015 (CC No.113/1) styled as application under Section 156 (3) of the Code of Criminal Procedure, 1973 (Cr.P.C.) against the private party respondents herein alleging that they had committed offences punishable under Sections 307/341/116/117/119/506/149 read with Section 120 B of Indian Penal Code, 1860 (IPC), the prayer made by him being for a direction to the concerned station house officer of police station to register an FIR and for cognizance to be taken on the said offences ...


Aug 30 2018

National Highways Authority of India vs.essel Walahjapet Poonamalle To ...

Court: Delhi

Decided on: Aug-30-2018

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 369/2018 + NATIONAL HIGHWAYS AUTHORITY OF INDIA ........ Petitioner Date of decision:30. 08.2018 Through Ms. Gunjan Sinha Jain and Ms. Soumya Priyadarshnee, Advs. ESSEL WALAHJAPET POONAMALLE TOLL ROAD PVT .LTD. versus ..... Respondent Through Mr. Raunak Dhillon, Ms. Gauri Rasgotra, Mr. Vikash Kumar Jha and Ms. Nikitha Shenoy, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) I.A. 11577/2018 1. Allowed, subject to just exceptions. I.A. 11578/2018 2. This is an application seeking condonation of delay of one (1) day in filing the accompanying petition.3. 4. For the reasons given therein, the delay is condoned. The application is allowed. O.M.P. (COMM) 369/2018 5. This is a petition whereby a challenge is laid to the award dated 9.4.2018.6. The petitioner seeks to assail the award on two grounds: O.M.P. (COMM.) 369/2018 Page 1 of 7 (i) First, qua the rejection of Counter Claim no.5. (ii) Second, with respe...


Aug 30 2018

Delhi Transport Corporation vs.m/s Abc Placement Services (Regd.) & An ...

Court: Delhi

Decided on: Aug-30-2018

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30th August, 2018. + O.M.P. 498/2008 DELHI TRANSPORT CORPORATION ........ Petitioner Through: Mr. Jyotindra Kumar & Mr. A.K. Verma, Advocates (M-8587815809). versus M/S ABC PLACEMENT SERVICES (REGD.) & ANR. Through: Mr. M. Taiyab Khan, Advocate (M- ..... Respondent 9312222450). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present petition has been filed under Section 34 of Arbitration and Conciliation Act, 1996 challenging the award of the Learned Sole Arbitrator dated 6th June, 2008, except to the extent of award passed qua Issue No.2 therein.2. The brief background is that the Respondent is an out sourcing agency through whom drivers were employed by DTC vide contract dated 16th May, 2005. The agreement was valid for a period of one year from 16th May, 2005. Services of drivers were being availed of by DTC and payment was made on the basis of per kilometre rate. The payments for the months of Febru...


Aug 30 2018

World Wrestling Entertainment Inc vs.mobisoft Telesolutions Private Li ...

Court: Delhi

Decided on: Aug-30-2018

$~CP-36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:30. 08.2018. CO.PET. 26/2014 WORLD WRESTLING ENTERTAINMENT INC......... Petitioner Through Mr.Preet Pal Singh and Ms.Priyam Mehta, Advs. versus MOBISOFT TELESOLUTIONS PRIVATE LIMITED.... Respondent Through Mr.Samrat Nigam, Mr.Amit Punj and Mr.Abhimanyu Walia, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under section 433(e) and 434 of The Companies Act, 1956 seeking winding up of the respondent company. The case of the petitioner is that the petitioner is inter alia a provider of downloads, streams, voice tones, ringtones, match results and match fixtures for mobile publishing and stream of worldwide reputation. The respondent approached the petitioner to obtain a limited, revocable, non-exclusive and non- transferable license to use and exploit the said contents solely for providing the said contents to the mobile telecommunications devices of customers in India, Sri ...


Aug 29 2018

Delhi Jal Board vs.rajora Builders

Court: Delhi

Decided on: Aug-29-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 126/2017 & CM APPL.15232/2017 DELHI JAL BOARD ..... Appellant Decided on:29. 08.2018 Through: Ms. Geeta Luthra, Sr. Advocate with Ms. Sangeeta Bharti, Addl. Standing Counsel, Mr. Sushil Kumar Singh, Mr. Krishanu Adhikary, Mr. Rameezuddin Raja, Mr. Anshul Duggal, Ms. Surabhi Diwan and Ms. Shivani Luthra Lohiya, Advocates. versus RAJORA BUILDERS ..... Respondent Through: Mr. Sandeep Sharma with Mr. Aman Dhyani, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT % 1. The Delhi Jal Board (hereafter DJB), in this appeal under Section 37 of the Arbitration and Conciliation Act, 2015 (hereafter Act), questions the decision of a learned Single Judge, refusing to interdict an arbitral award (under Section34) which had directed it to pay amounts to Rajora Builders (hereafter Rajora), for the services it rendered.2. DJB had entered into a contract with Rajora for domestic sewage di...


Aug 29 2018

Sh. Manoj Yadav & Ors. Vs.state (Govt. n.c.t. Of Delhi) & Anr.

Court: Delhi

Decided on: Aug-29-2018

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 4378/2018 Judgment delivered on:29. 08.2018 SH. MANOJ YADAV & ORS ........ Petitioners versus STATE (GOVT. N.C.T. OF DELHI) & ANR. ........ RESPONDENTS Mr. Manish Bhadauria with Ms. Priyanka Bhadauria, Advocates. Advocates who appeared in this case: For the... Petitioners : For the... RESPONDENTS: CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Sanjeev Sabharwal, APP for the State. Mr. Devinder Kumar Sharma, Advocate for R-2 with R-2 in person. SI Deepak, PS Samaipur Badli. JUDGMENT2908.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.30933/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4378/2018 1. The petitioners seek quashing of FIR No.630/2015 under Sections 498A/4IPC read with Section 4 Dowry Prohibition Act, Police Station Samaipur Badli. CRL.M.C. 4378/2018 Page 1 of 3 2. The subject FIR emanates out of matrimonial discord.... Petitioner No.1 is the husband of respondent No.2.... Petitioner Nos.2 an...


Aug 29 2018

Amrit Pahuja vs.manager Rashtriya Virjanand Andh Kanya sr.sec.school a ...

Court: Delhi

Decided on: Aug-29-2018

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :29. h August, 2018 + W.P.(C) 5348/2012 AMRIT PAHUJA ........ Petitioner Through : Mr. Arunav Patnaik and versus Ms. Mahima Sinha, Advs. MANAGER RASHTRIYA VIRJANAND ANDH KANYA SR.SEC.SCHOOL AND ORS ........ RESPONDENTS Through : Mr. Abhishek Kr. Singh, Adv. for R-2 to 4. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) On 1st March, 1968, the petitioner was appointed as librarian in % 1. the Rashtriya Virjanand Andh Kanya Senior Secondary School (hereinafter referred to as the School). The School is, admittedly, aided. She continued working in the School till her superannuation on 28th February, 2010.2. During the service of the petitioner in the school, the Assured Career Progression Scheme (hereinafter referred to as ACP Scheme) was introduced by the Department of Personnel and Training (DoPT) vide Office Order dated 9th August, 1999. Further, vide Office Order dated 19th May, 2009, the Modified Assured Career Pr...


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