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Delhi Court January 2019 Judgments

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Jan 21 2019 (HC)

S Herojit Singh & Anr. Vs.union of India & Ors.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:10. h January, 2019 Decided on:21. t January, 2019 + LPA2252017 DR. PRANAB BAISHYA & ORS. Through: Mr.Arunabh ..... Appellants with Mr.Karma Dorjee, Mr.Vaibhav Tomar & Ms.Shruti Choudhry, Advocates. Chowdhary versus UNION OF INDIA & ORS. + ........ RESPONDENTS Through: Mr.Ripu Daman Bhardwaj, CGSC for UOI/R1. Mr.J.K.Singh with Mr.Harsh Pandit, Advocates for R2, R4 & R5. LPA2782017 ALOK KUMAR SHARMA & ORS. ..... Appellants Through: Mr.Abhik Kumar with Mr.Siddharth Shankar, Mr. Arun K. Sharma, Mr.Rinku Mathur & Ms.Noopur Dubey, Advocates. versus ........ RESPONDENTS Through: Mr. J.K.Singh with Mr. Harsh Pandit, Advocates for R1/NCCT. LPA2882017 NCCT & ANR. + S HEROJIT SINGH & ANR. ..... Appellants Through: Mr.Sapam Biswajit Meitei with Mr. Naresh K.Gaur, Advocates. LPA2252017 & connected matters. Page 1 of 27 versus UNION OF INDIA & ORS. CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA ........ RESPONDENTS Through: Mr.Ripu Daman...

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Jan 21 2019 (HC)

Delhi Development Authority vs.electronic Corporation of India Limited ...

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CM (M) 44/2019 & CM.APPL.1249/2019 Judgment reserved on :14. 01.2019 Date of decision :21. 01.2019 DELHI DEVELOPMENT AUTHORITY .....Petitioner Through: Mr. Arjun Pant, Sr. Standing Counsel with Mr. Gunjan Kumar, Advocate. ELECTRONIC CORPORATION OF INDIA LIMITED (ECIL) ..... Respondent versus Through: None. CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.CM.APPL.1249/2019 (Ex.) Exemption allowed subject to all just exceptions. CM (M) 44/2019 1. The petitioner Delhi Development Authority vide the present petition filed under Article 227 of the Constitution of India seeks directions that the impugned award dated 01.12.2017 of the Additional Secretary and Appellate Authority, Ministry of Law and Justice, Department of Legal Affairs in terms of the provision of the Permanent Machinery of Arbitration (PMA) under the aegis of the Ministry of Heavy Industries and Public Enterprises, Department of Public Enterprises, vide which an app...

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Jan 21 2019 (HC)

Meinhardt Singapore Pte. Ltd. Vs.commissioner of Service Tax, New Delh ...

Court: Delhi

$~4 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:21. t January, 2019 SERTA152018 & CM210702018 MEINHARDT SINGAPORE PTE. LTD. ..... Appellant Through: Mr.Sandeep S.Tiwari, Mr.Krishna Kant Pandey, Mr.Sudhir Singh, Ms.Rekha Tiwari & Mr.Sumit Singh, Advocates versus COMMISSIONER OF SERVICE TAX, NEW DELHI ..... Respondent Through: Mr.Harpreet Singh, Sr.Std.Counsel with Ms.Suhani Mathur, Advocate CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN S. RAVINDRA BHAT, J.(OPEN COURT) % 1. The appellant urges the question of law as to whether imposition of penalty for non-payment of service tax was unwarranted.2. The brief facts are that the appellant was a regular service tax assessee. For certain period starting from 2006-07, 2007-08 to 2008-09 [April to September]. the appellant had not paid the entire service tax liability but only discharged a part thereof and also did not pay the amounts due in time. Consequently, it claimed that it was unable to discharge ...

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Jan 21 2019 (HC)

Gabriel India Ltd. & Ors. Vs.arvind Walia

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 21, 2019 CRL.M.C. 846/2018 GABRIEL INDIA LTD & ORS .....Petitioners Through: Mr. T.K.A Padmanabhan and Ms. Varsha Iyer, Advocates Versus ARVIND WALIA .....Respondent Through: Mr. Hitesh Rai& Mr. Ayush Agarwal, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) CRL.M.A. 1232/2019 This application is treated as one for pre-ponement of date of hearing. For the reason stated in this application, it is allowed and the date of 11th March, 2019 is cancelled and the hearing of the main petition is preponed for today. The application is disposed of. CRL.M.C. 846/2018 & CRL.M.A. 3102/2018 Quashing of summoning order of 22nd November, 2017 as well as the Complaint Case No.466295/2016, is sought by petitioners in this petition. CRL.M.C. 846/2018 Page 1 of 2 By way of CRL.M.A. 1232/2019, copy of compromise and settlement deed of 21st December, 2018 has been placed on record. Learned counsel for parties submit that the afor...

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Jan 21 2019 (HC)

Dr. Pranab Baishya & Ors. Vs.union of India & Ors.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:10. h January, 2019 Decided on:21. t January, 2019 + LPA2252017 DR. PRANAB BAISHYA & ORS. Through: Mr.Arunabh ..... Appellants with Mr.Karma Dorjee, Mr.Vaibhav Tomar & Ms.Shruti Choudhry, Advocates. Chowdhary versus UNION OF INDIA & ORS. + ........ RESPONDENTS Through: Mr.Ripu Daman Bhardwaj, CGSC for UOI/R1. Mr.J.K.Singh with Mr.Harsh Pandit, Advocates for R2, R4 & R5. LPA2782017 ALOK KUMAR SHARMA & ORS. ..... Appellants Through: Mr.Abhik Kumar with Mr.Siddharth Shankar, Mr. Arun K. Sharma, Mr.Rinku Mathur & Ms.Noopur Dubey, Advocates. versus ........ RESPONDENTS Through: Mr. J.K.Singh with Mr. Harsh Pandit, Advocates for R1/NCCT. LPA2882017 NCCT & ANR. + S HEROJIT SINGH & ANR. ..... Appellants Through: Mr.Sapam Biswajit Meitei with Mr. Naresh K.Gaur, Advocates. LPA2252017 & connected matters. Page 1 of 27 versus UNION OF INDIA & ORS. CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA ........ RESPONDENTS Through: Mr.Ripu Daman...

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Jan 21 2019 (HC)

Mustaqeem & Ors vs.faiyaz @ Faizab & Anr

Court: Delhi

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Order:21. 01.2019 C.R.P. No.65/2018 MUSTAQEEM & ORS Through: Mr. J.H. Jafri, Advocate. ........ Petitioners Versus FAIYAZ @ FAIZAB & ANR CORAM: HON'BLE MR. JUSTICE VINOD GOEL ....Respondents The impugned order dated 16.12.2017 passed by the court of 1. learned Civil Judge-02, Central District, Tis Hazari Courts, Delhi, in Old M. No.(New M. No.60803/16), by which the application of the respondent/defendant under Order IX Rule 13 CPC read with Section 151 CPC for setting aside the ex- parte judgment and decree dated 24.03.2015 passed in the Civil Suit No.titled as Mustaqueen & Ors. Vs. Faiyaz @ Faizab & Anr. was allowed, is the subject-matter of challenge in this revision petition.2. By the impugned order, the learned Civil Judge was pleased to set aside the ex-parte judgment and decree dated 24.03.2015 subject to payment of Rs.10,000/- as cost.3. During the course of his submissions, Mr. Jafri, learned counsel for the petitioners...

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Jan 21 2019 (HC)

Jogender Kumar vs.state

Court: Delhi

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. 01.2019 BAIL APPLN. 2364/2018 JOGENDER KUMAR STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent : Mr. Umesh Kumar and Ms.Ranjana Chauhan, Advs. Mr.Hirein Sharma, Addl. PP for the State with SI Sudeep Kumar, P.S.Bindapur. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks anticipatory bail in FIR No.0769/2018, under Section 12 POCSO & 506 IPC, registered at Police Station Bindapur.2. The allegations against the petitioner made by the prosecutrix in the FIR are that the petitioner had caught the wrist of the prosecutrix and was inquiring about the address of her co-student and when she declined to divulge the address, he is alleged to have caught hold of her neck and thereafter threatened her. She thereafter ran away from the spot. BAIL APPLN. 2364/2018 Page 1 of 3 3. Learned counsel f...

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Jan 21 2019 (HC)

Rohtas Singh Through Ls. Vs.union of India & Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.1010/2018 + % ROHTAS SINGH THROUGH LS. 21st January, 2019 ..... Appellant Through: Mr. Mohd. Azam Ansari, Advocate (M. No.9990066404). UNION OF INDIA & ORS. versus Through: ........ RESPONDENTS 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 legal heir of the original plaintiff, impugning the Judgment of the trial court dated 05.07.2017, by which the trial court has dismissed the suit for declaration and possession filed by the plaintiff with respect to a 500 sq. yds. plot situated at Sansad Marg/Parliament Street, New Delhi. The suit was filed by the original plaintiff Sh. Rohtas Singh who died on 20.04.2011 during the pendency of the suit and now the appellant RFA No.1010/2018 Page 1 of 9 being the legal heir of the original plaintiff has filed this appeal challenging the i...

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Jan 21 2019 (HC)

Arun Kumar vs.state & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 21, 2019 CRL.M.C. 288/2019 ARUN KUMAR Through: Mr. Ashok Kr. Upmanu and Mr. M.K. Sharma, Advocates .....Petitioner versus STATE & ANR. Through: Mr. Izhar Ahmad, Additional .....Respondents Public Prosecutor for respondent- State with SI Ravinder Respondent No.2 present in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.296/2013, under Sections 498-A/406 of IPC, registered at police station Palam Village, Delhi is sought on the basis of affidavit of 30th October, 2018 (Annexure P/5) of respondent No.2 and on the ground that disputes which led to registration of the FIR in question now stands settled between the parties. Izhar Ahmad, Upon notice, Mr. learned Additional Public Prosecutor for respondent-State submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so, by SI Ravinder on the basis of identity proof...

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Jan 21 2019 (HC)

s.k. Tanwar vs.union of India & Anr.

Court: Delhi

$~4 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:21.01.2019 W.P.(C) 479/2019 & C.M. No.2130-2131/2019 MR. S.K. TANWAR ........ Petitioner Through: Mr. Rajesh Srivastava, Adv. versus UNION OF INDIA AND ANR. ..... Respondent Through: Mrs. Bharathi Raju, CGSC for R-1 & R-2. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA VIPIN SANGHI, J.(ORAL) 1. The petitioner has preferred the present writ petition to assail the order dated 25.10.2018 passed by Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No.4067/2018. The petitioner had preferred the said Original Application to assail the charge memo issued to him on 06.07.2016, whereby the said disciplinary proceedings under Rule 14 of the CCS CCA Rules were sought to be initiated against him.2. There was a complaint against the petitioner made by a lady employee of sexual harassment by the petitioner. The competent authority caused a preliminary enquiry to be held throu...

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