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Delhi Court January 2019 Judgments

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Jan 31 2019 (HC)

Dev Sharma vs.indo Tibetan Border Police & Anr.

Court: Delhi

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. h November, 2018 Decided on:31. t January, 2019 W.P.(C) 1951/2012 + DEV SHARMA ...Petitioner Through: Mr. Ankur Chhibber with Mr. Aditya Chhibber and Mr. Bhanu Gupta, Advocates. versus ...Respondents INDO TIBETAN BORDER POLICE & ANR. Through: Mr. Manish Mohan, CGSC for UOI with Ms. Manisha Saroha, Advocates. + RANBIR SINGH SAINI AND ANR. W.P.(C) 389/2013 ...Petitioners Through: Mr. Ankur Chhibber with Mr. Aditya Chhibber and Mr. Bhanu Gupta, Advocates. versus UNION OF INDIA AND ORS ...Respondents Through: Mr. Anuj Aggarwal, ASC with Mr. Kaushik Rana and Ms. Sakshi Kalia, Advocates for CRPF in W.P.(C) Nos. 1951/2012, 389/2013, 480/2013 and 4859/2013. Ms. Amrita Prakash, CGSC for UOI in W.P.(C)Nos.11227/2015, 11228/2015 and 11233/2015. Mr. Vikas Mahajan, CGSC for UOI with Mr. Aakash Goyal, Advocates in W.P.(C) No.7204/2015. Mr P.S. Singh, Senior Panel Counsel for UOI with Ms Annu Singh and Mr Rajpal Singh, Advocates in W.P.(C) 1...

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Jan 31 2019 (HC)

Bhupinder Kumar Malik vs.union of India and Ors

Court: Delhi

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. h November, 2018 Decided on:31. t January, 2019 W.P.(C) 1951/2012 + DEV SHARMA ...Petitioner Through: Mr. Ankur Chhibber with Mr. Aditya Chhibber and Mr. Bhanu Gupta, Advocates. versus ...Respondents INDO TIBETAN BORDER POLICE & ANR. Through: Mr. Manish Mohan, CGSC for UOI with Ms. Manisha Saroha, Advocates. + RANBIR SINGH SAINI AND ANR. W.P.(C) 389/2013 ...Petitioners Through: Mr. Ankur Chhibber with Mr. Aditya Chhibber and Mr. Bhanu Gupta, Advocates. versus UNION OF INDIA AND ORS ...Respondents Through: Mr. Anuj Aggarwal, ASC with Mr. Kaushik Rana and Ms. Sakshi Kalia, Advocates for CRPF in W.P.(C) Nos. 1951/2012, 389/2013, 480/2013 and 4859/2013. Ms. Amrita Prakash, CGSC for UOI in W.P.(C)Nos.11227/2015, 11228/2015 and 11233/2015. Mr. Vikas Mahajan, CGSC for UOI with Mr. Aakash Goyal, Advocates in W.P.(C) No.7204/2015. Mr P.S. Singh, Senior Panel Counsel for UOI with Ms Annu Singh and Mr Rajpal Singh, Advocates in W.P.(C) 1...

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Jan 31 2019 (HC)

Raj Singh & Ors vs.union of India & Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * 11 + W.P.(C) 6258/2015 & CMs 11382/2015, 2941/2017 and 30288/2017 RAJ SINGH & ORS ........ Petitioners Through: Mr B.S. Mathur, Mr Rajat Mathur and versus Mr Divyank Tyagi, Advocates. UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr Dev P. Bhardwaj, CGSC for UOI with Mr Jatin Teotia, Advocates. Mr Pawan Mathur, Standing Counsel for DDA. Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for LAC/L&B. CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA % ORDER3101.2019 Dr. S. Muralidhar, J.:1. The prayers in the present petition read as under: i. issue a writ, order or direction declaring that the... Petitioners are the lawful and exclusive co-owner of land admeasuring 28 Bighas 13 Biswas of land falling in Idiasras No.52//9 (4-16), (4-00), (4-00), (3-17), 53//18 (4-16), (4-16), 53/2(2-8) situated in the Revenue Estate Village Karala, Delhi; ii. direct the... RESPONDENTS no.l to 4 by issuing a writ of Mandamus not to proceed further in respect ...

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Jan 31 2019 (HC)

N. Ramakutty vs.union of India and Ors

Court: Delhi

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. h November, 2018 Decided on:31. t January, 2019 W.P.(C) 1951/2012 + DEV SHARMA ...Petitioner Through: Mr. Ankur Chhibber with Mr. Aditya Chhibber and Mr. Bhanu Gupta, Advocates. versus ...Respondents INDO TIBETAN BORDER POLICE & ANR. Through: Mr. Manish Mohan, CGSC for UOI with Ms. Manisha Saroha, Advocates. + RANBIR SINGH SAINI AND ANR. W.P.(C) 389/2013 ...Petitioners Through: Mr. Ankur Chhibber with Mr. Aditya Chhibber and Mr. Bhanu Gupta, Advocates. versus UNION OF INDIA AND ORS ...Respondents Through: Mr. Anuj Aggarwal, ASC with Mr. Kaushik Rana and Ms. Sakshi Kalia, Advocates for CRPF in W.P.(C) Nos. 1951/2012, 389/2013, 480/2013 and 4859/2013. Ms. Amrita Prakash, CGSC for UOI in W.P.(C)Nos.11227/2015, 11228/2015 and 11233/2015. Mr. Vikas Mahajan, CGSC for UOI with Mr. Aakash Goyal, Advocates in W.P.(C) No.7204/2015. Mr P.S. Singh, Senior Panel Counsel for UOI with Ms Annu Singh and Mr Rajpal Singh, Advocates in W.P.(C) 1...

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Jan 31 2019 (HC)

M/S Rama Krishna Sales Pvt. Ltd. Vs.union of India and Ors.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:31. 01.2019 + W.P.(C) 1232/2018 M/S RAMA KRISHNA SALES PVT. LTD. ........ Petitioner versus UNION OF INDIA AND ORS. Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS ........ RESPONDENTS : Ms Priyanka Goel, Mr A.K. Prasad, Advocates. : Mr Satyendra Kumar, Advocate for CGSC for R1. Mr Amit Bansal, Ms Titasha Banerjee, advocates for R3. CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J JUDGMENT1 The limited question that falls for consideration of this Court is whether the Customs Authorities are justified in withholding the consignment of parts of E-Rikshaws on account of non-production of a Type Certificate as required under Rule 126 of the Central Motor Vehicles Rules, 1989. Whereas, it is conceded that the parts of E- rickshaw as imported by the petitioner can be classified as Motor Vehicles for the purposes of the Customs Tariff Act, 1975, the petitioner disputes that the E-rickshaw pa...

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Jan 31 2019 (HC)

d.t.c. Vs.radha Kisto

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI D.T.C. RADHA KISTO Date of decision:31. 01.2019 W.P.(C) No.4274/2007 Through Ms.Bhakti P. Sethi, Adv. ..... PETITIONER versus Through Nemo.... RESPONDENT CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. Vide the present petition, the petitioner/DTC has impugned the Award dated 18th February, 2006 whereby the respondents application under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), claiming an amount of Rs.18,965/- was allowed by the learned Labour Court.2. The brief facts as emerge from the record are that the respondent was appointed as a Mechanic with the petitioner/DTC on 31st July, 1957 and had retired on 31st March, 1988 after rendering service of 30 years and 8 months. Upon his retirement, the respondent was, in accordance with the Pension Scheme of the DTC/petitioner, sanctioned pension when he realised that he had been paid all his terminal dues by treating his service ...

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Jan 31 2019 (HC)

Sh. Vimal Kumar vs.govt. Of n.c.t of Delhi and Ors.

Court: Delhi

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment dated:31. t January, 2019 SH. VIMAL KUMAR + W.P.(C) 431/2019 & CM APPL. 1970/2019 GOVT. OF N.C.T OF DELHI AND ORS. versus Through: Mr.M.A.Khan, Advocate ........ Petitioner ........ RESPONDENTS Through: Ms.Hetu Arora Sethi, ASC for GNCTD with Mr.Anuj Kapoor, Advocate CORAM: HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT1 This is a petition under Article 226 of the Constitution of India seeking the issuance of a writ in the nature of mandamus thereby directing the respondent Nos.2 to 5 for making entries in the khasra register in column No.21 of the khasra Girdwari in respect of the harvesting of the crops of the petitioners.2. Learned counsel for the petitioner submits that the subject land was in cultivatory physical possession of the father of the petitioner for last more than 40 years and the same is in continuous cultivatory possession of the petitioner. He further submits that despite oral and written request, the W.P.(C) 431/2019 Pa...

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Jan 31 2019 (HC)

Rani Sharma vs.shashank Tiwari and Ors

Court: Delhi

$~ * % + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1253/2012 Date of Decision:31. t January, 2019 RANI SHARMA ..... Plaintiff Through: Mr.T.N. Saxena and Mr.Alok Nath Saxena, Advocates versus SHASHANK TIWARI AND ORS ..... Defendants Through: Mr.Anil Mittal and Ms.Komal Aggarwal, Advocates for D-1 and D-2 JUDGMENT The plaintiff is seeking partition of property bearing No.B-5/158, Safdarjung Enclave, New Delhi-110029, hereinafter referred to as the suit property.2. The suit property was owned by late O.P. Tiwari who expired on 03rd August, 1999 leaving behind two sons, namely Shashank and Rajender and two daughters, namely Veena and Rani. Rani is the plaintiff whereas Shashank, Rajender and Veena are defendants No.1, 2 and 3 respectively.3. According to the plaintiff, late O.P. Tiwari died intestate and the aforesaid property devolved upon the plaintiff and the defendants in equal proportion of 1/4th each. CS(OS) 1253/2012 Page 1 of 8 4. According to Defendants No.1 and 2, late O...

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Jan 31 2019 (HC)

Varun Pasricha vs.state (Gnct of Delhi)

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 31, 2019 BAIL APPLN. 2047/2018 VARUN PASRICHA .....Petitioner Through: Mr. Prabhjit Jauhar, Ms. Rosemary Raju, Ms. Aishwarya and Ms. Upasna Goel, Advocates versus STATE (GNCT OF DELHI) .....Respondent Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent- State with SI Bharat Singh Mr. Vivek Sood, Senior Advocate with Mr. M.L. Yadav, Advocate for complainant CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner seeks pre-arrest bail in FIR No.399/2017, under Sections 420/4of IPC, registered at police station Okhla Industrial Area, Delhi. Parties were referred to mediation but mediation failed. However the parties now, a with the intervention of compromise has been effected. Copy of Compromise Deed of 23rd January, 2019 has been placed on record by petitioners counsel. learned counsel for Learned senior counsel appears on behalf of complainant and submits that in terms of aforesaid Compromise...

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Jan 31 2019 (HC)

Sh. Jhunna Mal vs.govt. Of n.c.t of Delhi and Ors.

Court: Delhi

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment dated:31. t January, 2019 SH. JHUNNA MAL + W.P.(C) 508/2019 & CM APPL. 2399/2019 GOVT. OF N.C.T OF DELHI AND ORS. versus Through: Mr.M.A.Khan, Advocate ........ Petitioner ........ RESPONDENTS Through: Ms.Hetu Arora Sethi, ASC for GNCTD with Mr.Anuj Kapoor, Advocate CORAM: HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT1 This is a petition under Article 226 of the Constitution of India seeking the issuance of a writ in the nature of mandamus thereby directing the respondent Nos.2 to 5 for making entries in the khasra register in column No.21 of the khasra Girdwari in respect of the harvesting of the crops of the petitioners.2. Learned counsel for the petitioner submits that the subject land was in cultivatory physical possession of the father of the petitioner for last more than 40 years and the same is in continuous cultivatory possession of the petitioner. He further submits that despite oral and written request, the W.P.(C) 508/2019 Page...

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