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Delhi Court January 2019 Judgments

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Jan 16 2019 (HC)

Shashi Shekhar Seem vs.state & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 16, 2019 CRL.M.C. 2426/2017 & CRL.M.A.9780/2017 SHASHI SHEKHAR SEEM .....Petitioner Through: Mr. Kunal Kalra, Advocate STATE & ANR versus .....Respondents Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent- State Mr. Nitesh Kumar Singh, Ms. Neha and Ms.Savita, Advocates for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Impugned order of 29th April, 2017 (Annexure P-1), allows the application under Section 421 Cr.P.C. of the respondent-claimant and holds that the compensation amount payable is still recoverable despite petitioner having undergone the sentence in default of payment of compensation. Learned counsel for petitioner submits that petitioner was under bona fide impression that once sentence in default of payment of compensation is undergone, then compensation is not payable. Learned counsel for respondent draws attention of this Court to recent decision of Crl.M.C. 2426...

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Jan 16 2019 (HC)

Devender Kumar vs.brijesh & Anr

Court: Delhi

* % + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. h January, 2019 CS(OS) 330/2016& IA No.7982/2016 (u/O XXXVIII R-5 CPC) & OA No.29/2018 & IAs No.3826/2018 & 3828/2018 (for condonation of 374 days in filing and 28 days in re-filing the Chamber Appeal). DEVENDER KUMAR ..... Plaintiff Through: Mr. Ravinder Narwal, Adv. versus BRIJESH & ANR ..... Defendants Through: Mr. Sanjay Verma, Mr. Nitesh Kumar Singh, Ms. Savita, Ms. Neha, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW The plaintiff has instituted this suit for recovery of Rs.4,80,40,000/- pleading, (i) that the defendant no.1 represented himself to be the owner of land comprised in Khasra no.(2-15), (1-2), 77/1(2-8), 17 (4-16), 18 (4-16), 19 (4-16) and 20 (4-16) situated in the Revenue Estate of Village Bakhtawapur, Delhi 110 036 and vide two Agreements to Sell both dated 10th March, 2011, one with respect to 3 bigha 17 biswas of land comprised in Khasra No.(2-15) and (1-2) and the second with respect to 2...

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Jan 15 2019 (HC)

Delhi Transport Corporation vs.shri Raj Singh

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :08. 01.2019 Date of Decision:15. 01.2019 + W.P.(C) No.5658/2011 DELHI TRANSPORT CORPORATION Through Mr.U.N. Tiwary, Adv. ........ Petitioner CORAM: versus SHRI RAJ SINGH ..... Respondent Through Mr.Anil Mittal, Adv. with Ms.Komal Aggarwal, Adv. HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J1 Vide the present petition under Articlesof the Constitution of India, the petitioner/Delhi Transport Corporation (hereinafter referred to as Corporation) seeks quashing of the Award dated 1st July, 2010 passed by the Presiding Officer, Labour Court, Karkardooma Courts, Delhi in ID No.208/08/96, whereunder the respondents removal from service was held to be unjustified and the petitioner was directed to pay him Rs.2,00,00/- as lump sum compensation towards back wages along with gratuity.2. The facts necessary for the adjudication of the present petition as emerging from the record, may be noted at the outset. The respondent was appointed as a...

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Jan 15 2019 (HC)

Jitender vs.the State of Nct of Delhi

Court: Delhi

$~1 to 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + BAIL APPLN. 960/2018 Judgment delivered on:15. 01.2019 JITENDER versus THE STATE OF NCT OF DELHI + BAIL APPLN. 1204/2018 RAJA versus THE STATE OF NCT OF DELHI + BAIL APPLN. 1208/2018 RAMESH CHAUHAN versus THE STATE OF NCT OF DELHI + BAIL APPLN. 1229/2018 SONU THE STATE OF NCT OF DELHI versus ........ Petitioner ..... Respondent ........ Petitioner ..... Respondent ........ Petitioner ..... Respondent ........ Petitioner ..... Respondent Mr. Ashwini Kumar, Mr. Pawan Kumar and Ms. Garima Verma, Advs. Advocates who appeared in this case: For the... Petitioners : For the Respondent : Ms. Kusum Dhalla, Addl. PP for the State with SI Bharat Singh BAIL APPLN. 960/2018 & OTHER CONNECTED MATTERS Page 1 of 3 CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1501.2019 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek anticipatory bail in FIR No.93/2018 under Sections 354/354-B/323/506/5of the Indian Penal Code, 1860 registered at Police Stat...

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Jan 15 2019 (HC)

Delhi Metro Rail Corporation Ltd. Vs.delhi Airport Metro Express Priva ...

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 58/2018 & CM Nos. 13434/2018, 17581/2018 & 31531/2018 Reserved on :2. d November 2018 Date of decision:15. h January, 2019 DELHI METRO RAIL CORPORATION LTD. ..... Appellant Through: Mr. P.S. Narasimha, ASG, Mr. Parag P. Tripathi & Mr. Ajit Kumar Sinha, Sr. Advocates with Mr. Tarun Johri, Mr. Ankit Saini, Mr. Srinivasan Ramaswamy & Ms. Athira G. Nair, Advocates. versus DELHI AIRPORT METRO EXPRESS PRIVATE LIMITED... Respondent Through: Mr.P. Chidambaram, Sr. Advocate with Mr.Rishi Agrawala, Ms. Megha Mehta Agrawal & Mr. Nishant Rao, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.: Delhi Metro Rail Corporation Ltd. ('DMRC', for short) in this intra- Court appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (A & C Act, for short) read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act, 2...

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Jan 15 2019 (HC)

Ritam Steel Pvt. Ltd. Vs.uoi & Ors.

Court: Delhi

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2684/2016 RITAM STEEL PVT. LTD. Decided on:15. h January, 2019 ........ Petitioners Through: Mr. Anirudha Samantaray, Adv. UOI & ORS. versus ........ RESPONDENTS Through: Mr. Prasanta Varma, Sr. Central Govt. Counsel with Ms. Shalu Goswami, Adv. for UOI. Mr. Harpreet Singh, Sr. Standing Counsel with Ms. Suhani Mathu, Adv. for R-2. CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN S. RAVINDRA BHAT, J.(OPEN COURT) % 1. The petitioners grievance is that its Settlement Application under Section 32E of the Central Excise Act, 1944 was rejected. Pursuant to search, and subsequent investigation, a Show Cause Notice was issued to the petitioner alleging that it was involved in the clandestine removal and suppression of true quantity and under valuation of the goods. Thereupon, the petitioner applied to the Settlement Commission. In its application, it claimed that its duty liability was 32,39,687/-. The amount de...

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Jan 15 2019 (HC)

National Insurance Co Ltd. Vs.indu Devi & Ors.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 15, 2019 REVIEW PETITION3902018 in MAC.APP. 709/2016 NATIONAL INSURANCE CO LTD ..... Appellant Through: Ms. Seema Gulati, Advocate versus INDU DEVI & ORS .....Respondents Through: Mr. K.B.B. Singh and Mr. Vikrant Guleria, Advocates for Respondent Nos. 3 and 4. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Review of judgment of 21st August, 2018 is sought by appellant, in view of the observations made by this Court in paragraph No.11 of the judgment. It is pointed out that due to inadvertence the recovery rights have not been granted to appellant which ought to be granted. Upon notice, learned counsel for contesting respondent Nos. 3 and 4 i.e. Driver and owner of the insured vehicle submits that their stand qua recovery rights has been already noted in paragraph 10 of the judgment. Upon hearing and on perusal of the judgment of 21st August, 2018, I find that in view of the findings returned in paragraph No.11 of th...

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Jan 15 2019 (HC)

L and T Hydrocarbon Engineering Ltd. Vs.oil and Natural Gas Corporatio ...

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. d November, 2018 Pronounced on:15. h January, 2019 + W.P.(C) 9151/2018 with CM APPL. 35293/2018, CM APPL. 47952/2018 & CM APPL. 47954/2018 L AND T HYDROCARBON ENGINEERING LTD. ........ Petitioner Through: Dr. A.M. Singhvi, Sr.Adv. with Mr.Rishi Agrawala, Mr. Karan Luthra & Ms.Nidhi Ram, Advs. versus OIL AND NATURAL GAS CORPORATION LTD. AND ORS. ........ RESPONDENTS Through: Mr. Sandeep Sethi, Sr. Adv.with Mr.Sunil K. Jain & Mr.Punya Garg, Advs. Mr.Salman Khurshid, Sr. Adv. with Mr.Manu Seshadri, Mr. Arjun Syal, Mr.Samarth Chowdhary, Ms.Tanvi Rana, Mr.Shreyan Das, Ms.Mitali Chauhan & Ms.Sakshi, Advs. for R-2. Mr.Aryama Sundaram, Sr. Adv. with Mr.Rahul P. Dave & Mr.Sumit Chopra, Advs. for R-3. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN MR.JUSTICE PRATEEK JALAN % 1. This writ petition concerns a tender floated by the first respondent, Oil and Natural Gas Corporation Ltd.(hereinafter, ONGC) for t...

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Jan 15 2019 (HC)

Rv Solutions Pvt. Ltd. Vs.ajay Kumar Dixit & Ors

Court: Delhi

$~OS-17 * % + CS(COMM) 745/2017 Date of Decision:15. 01.2019 ..... Plaintiff IN THE HIGH COURT OF DELHI AT NEW DELHI RV SOLUTIONS PVT. LTD. Through Mr.Roshan Santhalaia and Ms.Nikitha Surabhi, Advs. versus AJAY KUMAR DIXIT & ORS ..... Defendants Through Mr.Bharat Arora, Adv. for D-1 to 4. Mr.Rajeev Sharma, Adv. for D-5. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) IA No.5097-99/2018 1. These applications are filed by defendants No.1, 2 and 4 respectively under Section 8 of the Arbitration and Conciliation Act, 1996 to refer the parties to arbitration and direct the plaintiff to have the dispute resolved in accordance with the mechanism of dispute resolution provided in the agreement specially Clause 14.2. This suit has been filed by the plaintiff seeking a decree of permanent prohibitory injunction to restrain the defendants and its affiliates, directors, etc. from inducing or soliciting or working with any employee of the plaintiff. A decree of damages to the tune of R...

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Jan 15 2019 (HC)

Kumari Sushila Yadav vs.lt. Col. (Retd) Atul Chaudhary

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :3. d October, 2018 Date of decision :15th January, 2019 CS (OS) 364/2014 & I.As.2436/2014, 2437/2014, 5854/2014, 2406/2015, 4475/2015 & 3321/2017 KUMARI SUSHILA YADAV ..... Plaintiff Through: Mr. N.S. Vashisht, Advocate. versus (M:9891105323) LT. COL. (RETD) ATUL CHAUDHARY ..... Defendant Through: Ms. Pritha Srikumar Iyer, Advocate for D-1 to3 (M:9971116183). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 The present suit for recovery of possession, damages and mesne profits has been filed by the Plaintiff Kumari Sushila Yadav against Lt. Col. Atul Chaudhary, his wife Mrs. Punam Chaudhary and son Mr. Pranav Chaudhary.2. The Plaintiff is the daughter of Late Chaudhary Surat Singh. She had two brothers. Her elder brother was Shri Surender Yadav and her younger brother was Shri Satish Chandra Yadav. Defendant No.1 Lt. Col. Atul Chaudhary is the son of Shri Surender Yadav, her elder brother. Defendant No.2 is th...

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