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Delhi Court January 2019 Judgments

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Jan 16 2019 (HC)

Fitness First India Private Limited (Ffipl) vs.ambience Developers and ...

Court: Delhi

$~20 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM.) 202/2016 Date of Decision :16. h January, 2019 FITNESS FIRST INDIA PRIVATE LIMITED ('FFIPL'') ........ Petitioner Through: Mr.Darpan Wadhwa, Sr. Adv. with Mr.Akshaya Dhaundiyal, Mr.Suveer & Mr.Toyesh Tewari, Advs. Dhyani versus AMBIENCE DEVELOPERS AND INFRASTRUCTURE PRIVATE LIMITED ..... Respondent Through: Mr.P.K.Agrawal, Ms.Mercy Hussain, Ms.Tannya Sharma, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the Arbitral Award dated 03.02.2015 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Agreement For Taking Possession for Fit Outs dated 22.12.2007 (hereinafter referred to as the Agreement) executed between the parties. OMP (Comm.) No.202/2016 Page 1 2. The Arbitrator by the Impug...

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Jan 16 2019 (HC)

Mickey vs.state

Court: Delhi

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:16. 01.2019 BAIL APPLN. 3073/2018 MICKEY STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent : Mr. T.S.Varun, Adv. Ms.Kusum Dhalla, Addl. PP for the State with Insp.Rajesh, DIU/Shahdara CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.336/2016 under Sections 392/397/4of the Indian Penal Code, 1860 registered at Police Station G.T.B.Enclave.2. The allegations in the FIR are that the complainant, who is employed in a factory where work of copper wires takes place, was on duty when one of the co-accused Gautam stayed behind in the morning on the ground of working over time. It is alleged that at about 9.36 AM there was a knock at the gate of the factory and Gautam looked outside and stated that some of his acquaintances had come. Gautam opened the door and two perso...

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Jan 16 2019 (HC)

The Commissioner of Customs vs.jyotsna Chikersal & Anr.

Court: Delhi

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 16, 2019 + W.P.(C) 8881/2015 THE COMMISSIONER OF CUSTOMS ........ Petitioner Through: Mr.Harpreet Singh, Senior Standing Counsel with Ms.Suhani Mathur, Advocate versus JYOTSNA CHIKERSAL & ANR. ..... Respondent Through: Ms. Alisha Panda, Mr. Aadil Singh Boparai, Advocates CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN ORDER % S. RAVINDRA BHAT, J.(ORAL) 1. The Customs Authorities have filed these proceedings questioning the decision of the Settlement Commission made upon an application filed by the respondent. It is contended that the Settlement Commission could not have, by virtue of third proviso to Section 127B [read with Section 123(2)]. of the Customs Act, lawfully entertained the application and proceeded to pass orders settling the issues urged.2. The respondent, who is a former United Nations official, arrived at IGI Airport, Delhi, on 04.05.2014; carrying 6 gold bars weighing 1832....

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Jan 16 2019 (HC)

Neeraj Kumar Sangwan vs.the Ditrict and Sessions Judge-I and Anr

Court: Delhi

$~ R-12AA and R-12AB * + W.P.(C) 3245/2012 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. 01.2019 NEERAJ KUMAR SANGWAN ........ Petitioner Through Mr. R.K.Saini, Adv. versus THE DITRICT AND SESSIONS JUDGE-I AND ANR ........ RESPONDENTS Through None + W.P.(C) 3253/2012 NARENDER KUMAR ........ Petitioner Through Mr. R.K.Saini, Adv. versus THE DISTRICT AND SESSIONS JUDGE-I AND ANR ........ RESPONDENTS Through None CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) 1. Since the issue is same in both the petitions, therefore, these petitions are being disposed of vide this common order.2. Vide the present petitions, the petitioners seek direction thereby W.P.(C) 32and 32Page 1 of 9 quashing the action of the respondents in calculating the marks of the petitioners in re-typing test by applying wrong methods and evaluate the same in an arbitrary and unjust manner, consequently declare him unsuccessful by granting only 16 marks to the petitioner in WP(C) No.3245/2012 an...

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Jan 16 2019 (HC)

Smt Tarun Samdarshi vs.state (Nct of Delhi) & Anr

Court: Delhi

$~13 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:16. h January, 2019 + CRL.M.C. 4123/2016 and Crl. M.A. 17183/2016 SMT TARUN SAMDARSHI ........ Petitioner Through: Mr. Som Dutt Kaushik, Advocate versus STATE (NCT OF DELHI) & ANR ........ RESPONDENTS Through: Mr. Sanjeev Sabharwal, APP for State Mr. M.K. Mishra, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner has been summoned as accused in criminal complaint case (CC63832016) instituted by the second respondent (complainant) alleging offence punishable under Section 138 of the Negotiable Instruments Act, 1881 having been committed on account of no payment of amount due inspite of the notice of demand issued and served in the wake of dishonour of cheque bearing no.426715 dated 13.05.2016, for a sum of Rs.12 Lakhs, which had been issued by the petitioner (accused). The petitioner assails the summoning order passed by the Additional Chief Metropolitan Magistrate on 17.09.2016, on the basis of pr...

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Jan 16 2019 (HC)

Bhola Ram Patel vs.new Delhi Municipal Council

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:16. 01.2019 C.M. APPL. 6624/2017 (for correction/modification/rectification); 37378/2016 (for stay) & 37381/2016 (for condonation of delay) IN REV.PET4602016 IN LPA1362016 BHOLA RAM PATEL ..... Appellant Through: Ms. Indira Unninayar and Sh. Gaurav Jain, Advocates, for the Review... Petitioner. Sh. Rahul Sagar Sahay and Sh. Siddharth Bangar, Advocates. Versus NEW DELHI MUNICIPAL COUNCIL AND ANR......... RESPONDENTS Through: Sh. Sriharsha Peechara, ASC with Sh. Mananjay Mishra with Ms. Vidhi Jain, Advocates, for NDMC. Sh. Devesh Singh, ASC (Civil) with Ms. Sukriti Ghai and Ms. Urvashi Tripathi, Advocate, for Respondent No.2. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN MR. JUSTICE S. RAVINDRA BHAT % 1. The third-party review applicant seeks recall and modification of the judgment of this court delivered, while disposing of a batch of letters patent appeals. Those appeals had questioned the decisions ...

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Jan 16 2019 (HC)

Renu Sharma vs.amit Goel

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % RENU SHARMA AMIT GOEL RFA No.31/2019 16th January, 2019 ..... Appellant Through: Mr. Mohit Kumar, Advocate versus (9717268268) Through: ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.1742/2019 (delay in re-filing) 1. For the reasons stated in the application, delay in re-filing is condoned, subject to just exceptions. CM stands disposed of. RFA No.31/2019 & CM No.1743/2019 (stay) 2. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit RFA No.31/2019 Page 1 of 12 impugning the Judgment of the trial court dated 31.07.2018 by which the trial court has decreed the suit for a sum of Rs. 5,40,000/- out of the total amount of Rs. 6,00,000/- paid by the respondent/ plaintiff/buyer to the appellant/defendant/seller under the Agreement to Sell dated 19.06.2013 with respect to the property being the...

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Jan 16 2019 (HC)

National Institute of Public Co-Operation & Child Development & Anr. V ...

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI $~16 & 17. * + % W.P.(C) 3081/2015 & C.M. No.5515/2015 Date of Decision:16. 01.2019 NATIONAL INSTITUTE OF PUBLIC CO-OPERATION & CHILD DEVELOPMENT & ANR. ........ Petitioners Through: Mr. Sanjiv Joshi, Advocate for petitioner No.1/ NIPCCD. versus DARSHAN & ANR. ........ RESPONDENTS Through: Mr. M.K. Bhardwaj, Advocate for respondent No.1/ Darshan. Mr. L.R. Khatana, Advocate for respondent No.2/ Hansraj. % W.P.(C) 4794/2015 & C.M. No.8666/2015 HANS RAJ ........ Petitioner DARSHAN & ORS Through: Mr. L.R. Khatana, Advocate. versus ........ RESPONDENTS Through: Mr. M.K. Bhardwaj, Advocate for respondent No.1/ Darshan. Mr. Sanjiv Joshi, Advocate respondent/ NIPCCD. for CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K. CHAWLA VIPIN SANGHI, J.(ORAL) W.P.(C.) Nos. 3081/2015 & 4794/2015 Page 1 of 9 1. These are two writ petitions preferred by the petitioner National Institute of Public Co-operation & Child Development (NIPCCD) [W.P.(C.) No.3...

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Jan 16 2019 (HC)

Ravi Sharma vs.state of Nct Delhi & Ors.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 16, 2019 CRL.M.C. 203/2019 RAVI SHARMA Through: Mr. Laksh Khanna, Advocate ........ Petitioner Versus STATE OF NCT OF DELHI & ORS .....Respondents Through: Mr. MS.Oberoi, Additional Public Prosecutor for respondent No.1-State with SI Pankaj Mr. Rajnish Kumar, Advocate with respondents No.2 to 4 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.557/2017 under Sections 279 and 337 of IPC r/w Section 185 of Motor Vehicles Act, 1988, registered at police station Vasant Kunj, New Delhi is sought on the basis of Memorandum of Understanding of 9th January, 2019 (Annexure A-2) reached between the parties. Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondents No.2 to 4 are present in the Court and they have been identified to be the complainant party of this FIR case by SI Pankaj on the basis of identity proof furnished by them. CRL.M.C. 203/2019 Page 1 of ...

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Jan 16 2019 (HC)

Bihar Rpnn Ltd. Employees Union and Ors. Vs.union of India and Anr.

Court: Delhi

$~3 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:16. 01.2019 W.P.(C) 13178/2018 BIHAR RPNN LTD. EMPLOYEES UNION AND ORS. Through: Mr. Vikalp Mudgal and Mr.Kshitij Mudgal, Advocates. ........ Petitioners versus UNION OF INDIA AND ANR. ........ RESPONDENTS Through: Mr. Devank Maheshwari, Adv. for Mr. Jasmeet Singh, CGSC for R-1. Mr. Paritosh Budhiraja, Ms. Surabhi Maheshwari and Mr. Ashwani Ahuja, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA VIPIN SANGHI, J.(ORAL) 1. The petitioners have preferred this writ petition to assail the order dated 27.09.2018 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal) in OA No.4247/2017. The said Original Application preferred by the petitioners had been rejected by the Tribunal by the impugned order.2.... Petitioner No.1 to 4 are Trade Unions of employees of the respondent- W.P.(C) 13178/2018 Page 1 of 9 National Projects Construction Corporation Limited ...

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