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Delhi Court September 2018 Judgments

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Sep 04 2018

Dinesh Aggarwal & Others vs.state & Others

Court: Delhi

Decided on: Sep-04-2018

$~ 26 * + IN THE HIGH COURT OF DELHI AT NEW DELHI TEST. CAS.95/2014 Date of decision :4th September, 2018 DINESH AGGARWAL & OTHERS ........ Petitioners Through: Mr. D.R. Bhatia, Mr. Subirja Akbar Warsi & Mr. Sandeep Thukral, Advocates (M-9971265222). versus STATE & OTHERS ........ RESPONDENTS Through: Mr. Harish Malhotra, Senior Advocate with Mr. R.K. Modi & Mr. Rajinder Aggarwal Advocates. (M:98100. 6989) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present testamentary case has been filed under Section 276 of the Indian Succession Act, 1925 in respect of Will dated 19th February, 2009 of Late Sh. Bishan Chand Aggarwal. The... Petitioners are the brothers of the deceased and claim to be the executors of the said Will. As per the Will, the deceased claims to be the owner of the following property: I am have full rights and title to and am possessed of One Half undivided share of BUILT UP PROPERTY BEARING No.G-92, AREA MEASURING370Sq. Yds. I.E. I AM ENTITLED TO U...


Sep 04 2018

Central Bureau of Investigation vs.upendra Rai

Court: Delhi

Decided on: Sep-04-2018

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on :24. h July, 2018 Judgment delivered on:04thSeptember, 2018 + CRL.M.C. 3238/2018& CRL. M.A. 11556/2018 CENTRAL BUREAU OF INVESTIGATION .....Petitioner versus UPENDRA RAI ..... Respondent Advocates who appeared in this case: For the... Petitioner: For the Respondent : Mr Aman Lekhi,Additional Solicitor General with Ms. Rajdipa Behura, Spl. P.P. for CBI with Mr. Philomon Kani, Ms. Kriti Handa, Ms. Hansika Sahu, Ms. Damini K. and Mr. Ashrya Behura, Advocates with Mr. Ashish Pareek, DSP. Mr. N. Hariharan, Sr. Advocate with Mr. L.B. Rai, Mr. Arjun Mukherjee, Mr. Kartik Rai and Mr. Mohit Kumar Sharma, Advocates. CORAM:-"HONBLE MR. JUSTICESANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.1. Central Bureau of Investigation (CBI for short) has filed this petition impugning order dated 08.06.2018 whereby the Special JudgeCBI has granted bail to the respondent.2. A case was registered on 01.05.2018 under sections 120 B and 420 Indian Pen...


Sep 04 2018

Anu Kumari vs.union of India & Anr

Court: Delhi

Decided on: Sep-04-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 8474/2018 and CM APPL. 32557-32558/2018 20.08.2018 Reserved on: Date of decision:04. 09.2018 IN THE MATTER OF: ANU KUMARI Through: Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Swastik Singh and Mr. Raghu Vasishth, Advocates ........ Petitioner UNION OF INDIA & ANR versus ........ RESPONDENTS Through: Mr.Arun Bhardwaj, CGSC with Ms.Saakshi Agrawal, Advocate for R-1. Mr.Naresh Kaushik with Mr.Omung Gupta, Advocates for R-2/UPSC. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI HIMA KOHLI, J.1. Aggrieved by the order dated 31.07.2018, passed by the Central Administrative Tribunal, Principal Bench, New Delhi, rejecting O.A. No.2635/2018 filed by the petitioner, a successful candidate in the Central Civil Services Examination, 2017 (in short 'CSE, 2017'), assailing the letters dated 13.02.2018 and 21.02.2018 issued by the respondent No.2/UPSC, rejecting her preferences for Zones and Cadre allocation, she has approached ...


Sep 04 2018

Mira Devi & Anr. Vs.mohd Khalil & Ors. (Iffco Tokio General Insurance ...

Court: Delhi

Decided on: Sep-04-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of Decision: September 04, 2018 + MAC.APP. 1129/2017 + MAC.APP. 174/2018 MIRA DEVI & ANR. RAHUL Versus Through: Mr. S.N. Parashar, Advocate ..... Appellants MOHD KHALIL & ORS. INSURANCE CO LTD) (IFFCO TOKIO GENERAL ........ RESPONDENTS Through: Mr. Arihant Jain & Ms. Shanta Devi Raman, Advocates for respondent No.3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 29th July, 2017 grants compensation of 1. 5,10,636/- with interest @ 9% p.a. to legal heirs of deceased-Prateek Kumar, a Mechanic, aged 17 years and 11 months, on account of fatal injuries suffered by him in a vehicular accident, which took place on 21st March, 2014. In this accident, an Executive-Rahul, aged 16 years and 8 months, had also sustained injuries and vide separate Award of even date, he has been granted compensation of `4,83,896/- with interest @ 9% per annum.2. In the above-captioned appeals, the challenge by learned counsel MAC.APPs. 1129/2017...


Sep 04 2018

Arun Kumar Panchal vs.east Delhi Municipal Corporation

Court: Delhi

Decided on: Sep-04-2018

#7 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:04. 09.2018 W.P.(C) 8586/2018 ARUN KUMAR PANCHAL ........ Petitioner Versus EAST DELHI MUNICIPAL CORPORATION ..... Respondent Advocates who appeared in this case: For the... Petitioner Verma, Advocate. : Mr. Prashant Sharma, Advocate with Mr. Amit Kr. :Mr.RavinderKr.JadavandMr.VineetYadav, Advocates. For the... RESPONDENTS CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J (ORAL) 1. The present petition under Article 226 of the Constitution of India prays as follow:-"against a) Pass a writ of mandamus or any other appropriate writ/order(s)/direction(s) respondent, thereby directing or ordering the respondent to allow a period of 15 days to the petitioner to remove his machines, raw/furnished material out of the premises so sealed by the respondent i.e. Hall No.1, Ground Floor, Khasra No.27/2, A-Block, Sushila Garden, the W.P.(C) 8586/2018 Page 1 of 3 2. Delhi-110094; Any other relief may also be gran...


Sep 04 2018

Ashwani Kumar vs.kalimuddin

Court: Delhi

Decided on: Sep-04-2018

* + % ASHWANI KUMAR IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.625/2018 4th September, 2018 ..... Appellant Through: Mr. Abhishek Kumar, Advocate (Mobile No.9891138990). KALIMUDDIN Versus ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.35700/2018 (for restoration) 1. This application is allowed and the present appeal is restored to its original number. C.M. stands disposed of. RFA No.625/2018 and C.M. Appl. Nos. 31118-20/2018 2. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is filed by the defendant in the suit impugning the Judgment of the Trial Court dated 16.3.2018 by which the trial court RFA No.625/2018 Page 1 of 7 has dismissed the leave to defend application filed by the appellant/defendant and has decreed the suit for recovery of money filed by the respondent/plaintiff. The cause of action arising in favour of the respondent/plaintiff was on account o...


Sep 04 2018

Gopi Nisha Mallah vs.the State

Court: Delhi

Decided on: Sep-04-2018

$~3 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 595/2018 and CRL.M.B. 887/2018 GOPI NISHA MALLAH ..... Appellant Through: Mr. Pawan Sharma, Advocate THE STATE versus ..... Respondent Through: Mr. K.S. Ahuja, APP for State. CORAM: JUSTICE S. MURALIDHAR JUSTICE V. KAMESWAR RAO ORDER0409.2018 Dr. S. Muralidhar, J.:1. The present appeal is directed against the judgment dated 24th April, 2018 passed by the learned Additional Sessions Judge-05 (Central), Tis Hazari Courts, Delhi in SC No.28195/2016 arising out of FIR No.15/2014 registered at PS Bara Hindu Rao, Delhi, convicting the Appellant for the offences punishable under Sections 376(2) (i) and (m), 363, and 325 IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).2. This appeal is also directed against the order on sentence of the same date whereby the Appellant was sentenced as under: (a) For the offence punishable under Section 325 IPC, to undergo Rigorous Imprisonment (RI) for a period of ...


Sep 04 2018

Dinesh Kumar vs.union of India & Anr

Court: Delhi

Decided on: Sep-04-2018

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :4. h September, 2018 + W.P.(C) 4764/2017 DINESH KUMAR ........ Petitioner Through : Mr. Rahul Sharma, versus UNION OF INDIA & ANR Through : Ms. Jyoti Dutt Sharma and Mr. C.K. Bhatt, Advs. ........ RESPONDENTS Mr. Anil Dabas, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) The candidature of the petitioner, who stood first in the merit % 1. list, in the selection, for the post of Management Trainee (Technical) in the Central Warehousing Corporation (hereinafter referred to as CWC Respondent No.2 herein), was cancelled vide order dated 30th September, 2015, which read thus : ...Sir, please refer to your grievance petitioner forwarded by Ministry vide reference cited above. In this regard, it is to inform that the Caste Certificate submitted by you was issued by Nayab Tehsildar whereas as per DOPT letter No.36012/22/93-Estt(SCT) officer authorised to issue Caste Certificate of OBC should not be below...


Sep 04 2018

Indraprastha Power Generation Company Ltd. Vs.savinder Kaur

Court: Delhi

Decided on: Sep-04-2018

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgement pronounced on:4th September,2018 + LPA512018 & C.M. No.4833/2018 INDRAPRASTHA POWER GENERATION COMPANY ....Appellant LTD. Through Mr. Vinay Sabharwal, Advocate versus SAVINDER KAUR... RESPONDENTThrough Mr. Raj Singh Phogat, Advocate. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J (Oral) 1. Challenge in this appeal filed under Clause X of the Letters Patent Act is to the order dated 11.01.2018 passed by the learned Single Judge whereby the writ petition filed by the respondent seeking retention of lien to the post of Deputy Manager(HR) in Indraprastha Power Generation Company Limited(hereinafter referred as IPGCL)/ parent company was allowed.2. The brief facts which led to the filing of the present appeal are that the respondent/Savinder Kaur was appointed as Executive trainee (HR) on 30.06.2008. After completion of her training, she was appointed as an Assistant Manager...


Sep 04 2018

Brijesh Kumar Raikwar vs.union of India and Ors

Court: Delhi

Decided on: Sep-04-2018

$~21. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2542/2017 BRIJESH KUMAR RAIKWAR ........ Petitioner Through: Mr. Jai Prakash and Mr. Mayank Sharma, Advocates versus UNION OF INDIA AND ORS Through: Ms. Arti Bansal, Advocate ........ RESPONDENTS CORAM: HONBLE MS. JUSTICE HIMA KOHLI HONBLE MS. JUSTICE REKHA PALLI % ORDER0409.2018 1. The petitioner, who is working on the post of an Inspector in the respondents/CRPF, seeks directions for release of the Special Duty Allowance (in short SDA) in his favour for the period of service rendered by him between 29.12.2015 to 19.11.2016.2. A glance at the relevant facts of the case is considered necessary. On 19.08.2004, the petitioner had joined as a Constable in the respondents/CRPF and was promoted on 19.11.2009, to the rank of SI/SD. Vide order dated 25.02.2009, the petitioner was transferred as SI/GD to the Special Duty Group (in short SDG) w.e.f. 02.02.2009. Vide sanction order dated 27.04.2012, the petitioner and his other colleagues...


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