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Delhi Court September 2018 Judgments

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Sep 28 2018

Udho Das vs.the Commissioner, Sdmc and Anr.

Court: Delhi

Decided on: Sep-28-2018

#103 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:28. 08.2018 W.P.(C) 9051/2018 UDHO DAS versus ........ Petitioner THE COMMISSIONER, SDMC AND ANR. ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS : Mr. Shalabh Gupta and Mr. Amandeep Soni, Advocates : Mr. Sanjeev Sabharwal, Standing Counsel, SDMC with Mr. Hem Kumar and Mr. Pritish Sabharwal, Advocates for R-1 Ms. Mini Pushkarna, Standing Counsel, DUISB with Ms. Shiva Pandey and Ms. Swagata Bhuyan, Advocates for R-2 CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J (ORAL) 1. The present writ petition under Articles 226 and 227 of the Constitution of India, instituted on behalf of the petitioner prays as follows:-"(a) Issue a writ/direction/order in the nature of mandamus or any other appropriate writ, order or direction thereby directing the respondents the property bearing No.136, Sunlight Colony-II, New Delhi; to de-seal W.P.(C) 9051/2018 Pag...


Sep 28 2018

Sachin Jain & Anr vs.sunil Kumar Aggarwal

Court: Delhi

Decided on: Sep-28-2018

$~1. * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. h September, 2018 + FAO(OS) 139/2018 SACHIN JAIN & ANR ..... Appellants Through: Ms.Anu Gupta, Adv. Versus SUNIL KUMAR AGGARWAL ..... Respondent Through: Ms.Rashmi Singla, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT Rajendra Menon, Chief Justice (Oral) Caveat No.848/2018.1. Since the learned counsel for the respondent has entered appearance, the caveat stands discharged. C.M.No.37562/2018 (exemptions) 2. Allowed, subject to all just exceptions. C.M.No.34561/2018 (delay) 3. For the reasons stated in the application, the delay in filing the application is condoned and the application is disposed of. FAO(OS)139/2018 Page 1 of 4 FAO(OS) 139/2018 4. In this appeal filed by the plaintiffs/appellants under Order XLIII Rule 1 of the Code of Civil Procedure read with Section 10 of the Delhi High Court Act, 1966 challenge is made to an order dated 23rd July, 2018 in C.S.(OS) No.261/2018 all...


Sep 28 2018

Kuldeep Singh vs.union of India and Ors.

Court: Delhi

Decided on: Sep-28-2018

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10298/2018 KULDEEP SINGH ........ Petitioner Through: Mr. Anil Singhal, Advocate. versus UNION OF INDIA AND ORS. Through: Ms. Shiva Lakshmi, CGSC with Mr. Siddharth Singh, Advocate. ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % ORDER2809.2018 1. The present petition has been filed by the petitioner praying inter alia for quashing and setting aside the orders dated 09.6.2016, 21.12.2016, 31.3.2017 and 14.11.2017, issued by the respondents declining his request for withdrawal of his resignation and for permitting him to join his duty.2. A glance at the relevant facts of the case is considered necessary. On 02.6.2016, the petitioner was appointed as a Junior Engineer (Civil) with the respondent No.2/BRO after being selected in a competitive examination conducted by the SSC. The petitioner was deputed for training at the GREF Centre at Pune. Within four days from the date of reporting fo...


Sep 28 2018

Mahender @Dabbu & Ors vs.state (Nct of Delhi)

Court: Delhi

Decided on: Sep-28-2018

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:28.09.2018 CRL.M.C. 3365/2018 MAHENDER @DABBU & ORS versus STATE (NCT OF DELHI) ........ Petitioners ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr.Neeraj Anand, Advocate. For the... RESPONDENTS : Mr. Sanjeev Sabharwal, APP for the State with SI Narender Singh, P.S. Ambedkar Nagar. Mr.Akshaya Kr.Sharma, Adv. for R-2. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2809.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek quashing of FIR No.12 of 2009 under Sections 498A/4of the IPC registered at Police Station Ambedkar Nagar, Delhi, based on a settlement.2. 3. Subject FIR emanates out of matrimonial discord. Learned counsel for the petitioners submits that the parties have settled their disputes before the Mediation Centre, Saket on 10.02.2016. Parties have already been divorced by way of a decree of divorce by mutual consent, passed on 07.10.2017. As per the settlement, a su...


Sep 28 2018

Rajeev and Others vs.union of India and Ors.

Court: Delhi

Decided on: Sep-28-2018

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 9441/2015 Date of Judgment:28. h September, 2018 RAJEEV & ORS ........ Petitioners Through: Mr Ravinder Narwal, Adv versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr Yeeshu Jain, SC with Ms Jyoti Tyagi, Adv for LAC/L&B Mr Dhanesh Relan, SC for DDA with Ms Gauri Chaturvedi, Adv 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 pertaining to 3 bighas 8 biswas land of the petitioners comprised in Khasra No.22//2/2/situated in the revenue estate of Village Pooth Kalan, Delhi (hereinafter referred as the 'subject land') are deemed to have lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter W.P.(C) 9441/2015 Page 1 of 3 re...


Sep 28 2018

Royal Construction Company Pvt. Ltd. Vs.national Projects Construction ...

Court: Delhi

Decided on: Sep-28-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI EX.P. 131/2015 & EX.APPL(OS) 643/2015, 1012/2015 Reserved on:13. h September, 2018 Date of decision:28th September, 2018 ROYAL CONSTRUCTION COMPANY PVT. LTD. ..... Decree Holder Through: Mr.Sudhir K. Makkar, Sr. Adv. with Mr.Sarvam Ritam Khare, Ms.Meena Sehrawat, Ms.Urvi Kuthiala, Ms.Shweta Chaurasia & Ms.Saumya Gupta, Advs. versus NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD. (NPCC) ..... Judgement Debtor Through: Mr.Anup J.Bhambhani, Sr. Adv. & with Mr.Rajat Arora Ms.Vishalakshi Singh, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 The dispute that remains between the parties is in a very narrow canvas and is whether the respondent has made full payment in terms of the Arbitral Award to the petitioner or not. While the respondent admits that an amount of Rs.1,26,32,320.08 had remained payable in terms of the Award as on 12.09.2017 and had been duly deposited by the respondent with the Registry of this Court on 11.01.2018 in full and final...


Sep 28 2018

Sh Suresh Kumar vs.sh Jaibir Singh & Ors

Court: Delhi

Decided on: Sep-28-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 28, 2018 + MAC.APP. 437/2013 THE ORIENTAL INSURANCE CO. LTD. Through: Mr A.K.Soni, Advocate. ..... Appellant versus SURESH KUMAR & ORS. ..... Respondent Through: Mr M.K.Sinha, Advocate for R-1. + MAC.APP. 828/2013 SH SURESH KUMAR Through: Mr M.K.Sinha, Advocate. ..... Appellant versus SH JAIBIR SINGH & ORS ........ RESPONDENTS Through: Mr A.K.Soni, Advocate for Insurance Company. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) The above captioned two appeals arise out of impugned Award of 1. 17th December, 2012, vide which the Motor Accident Claims Tribunal (henceforth referred to as the Tribunal) has awarded compensation of `34,95,700/- to a Chowkidar-Suresh, aged 45 years, who was grievously injured in a vehicular accident which took place on 10th July, 2010. The Tribunal has granted interest @ 9% per annum on `3,44,100/- while MAC.APP. 437/2018 MAC.APP. 828/2018 Page 1 of 7 excluding interest on future medic...


Sep 28 2018

Mystic Monk Design Pvt Ltd vs.m/s h.s.fashion

Court: Delhi

Decided on: Sep-28-2018

$~3 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h September, 2018 + CRL.M.C. 3689/2015 MYSTIC MONK DESIGN PVT LTD ........ Petitioner Through: Ms. Biji Rajesh, Mr.Diwankar Sethi & Mr. Nayan Dubey, Advs. versus Through: None. M/S H.S.FASHION CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) ..... Respondent 1. The petitioner had filed a criminal complaint (CC No.769/1), alleging offence under Section 138 of Negotiable Instruments Act, 1881 having been committed by the respondent on account of there being no payment tendered in the wake of notice of demand dated 25.08.2010 issued and dispatched on 26.08.2010 after return of six cheques without payment by the bank drawn by the respondent, the said cheques having been issued statedly by the respondent for money due. The cheques were returned unpaid by the banker on 14.08.2010. It is an admitted case of the petitioner that the notice of demand was served on respondent on 30.08.2010 and, consequently, as per the submissions, the m...


Sep 28 2018

Manzoor Ul Haque vs.bombay Mercantile Co-Operative Bank Ltd & Anr

Court: Delhi

Decided on: Sep-28-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h September, 2018. RSA1442018 & CM No.40240/2018 (for condonation of 20 days delay in re-filing the appeal) MANZOOR UL HAQUE ..... Appellant Through: Mr. Anis Ahmed and Mr. Rizwan Ahmed, Advs. Versus ........ RESPONDENTS BOMBAY MERCANTILE CO-OPERATIVE BANK LTD & ANR Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No.40239/2018 (for exemption).1. 2. Allowed, subject to just exceptions. The application stands disposed of. RSA1442018 & CM No.40240/2018 (for condonation of 20 days delay in refiling the appeal).3. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree [dated 3rd April, 2018 in RCA No.12of the Court of Senior Civil Judge (Central)]. of dismissal of First Appeal under Section 96 of the CPC filed by the appellant against the judgment and decree [dated 20th October, 2014 in Civil Suit No.444/(Unique ID No.02401C0916092005) of the Co...


Sep 28 2018

M/S Cement Corporati0n of India Ltd vs.m/s Current Advertising Pvt Ltd

Court: Delhi

Decided on: Sep-28-2018

$~29 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(OS) (COMM) 221/2018 M/S CEMENT CORPORATI0N OF INDIA LTD ..... Appellant Date of Judgment:28. h September, 2018 Through Mr. Santosh Kumar Rout with Mr. versus Pratap Chandra, Advocates. CORAM: M/S CURRENT ADVERTISING PVT LTD Through Mr. Kamal Gupta & Mr. Harsh Kumar, Advocates. ..... Respondent HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) CM APPL401282018 (exemption) 1. Exemption is allowed, subject to all just exception.2. The application stands disposed of. CM APPL401262018 (delay in filing) 3. This application has been filed by the applicant/appellant seeking condonation of 94 days delay in filing the appeal. Since the application is short, we deem it appropriate to reproduce the same : 1. That the accompanying appeal has been filed impugning the order dated 10.04.2018 passed by Honble Single Judge that rejected the objection of the appellant to set aside the award dated 27.02.2...


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