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Delhi Court January 2019 Judgments

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Jan 10 2019 (HC)

Rahul Kumar Meena vs.union of India and Ors.

Court: Delhi

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Pronounced on:10.01.2019 Judgment Reserved on:19. 12.2018 ........ Petitioner Through: Mr. M.D. Jangra, Advocate. RAHUL KUMAR MEENA + W.P.(C) 7804/2018 & CM No.29914/2018 UNION OF INDIA AND ORS. versus ........ RESPONDENTS Through: Mr. Amit Mahajan, CGSC for UOI with Mr. Madhav Chitale, Advocate, Mr. R.N. Pareek, DSC and Mr. Vivek Kumar Singh, CRPF Law Officer. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.1. The present writ petition has been filed under Articleof the Constitution of India seeking to quash and set aside the order dated 23.05.2018 passed by Directorate General, Central Reserve Police Force (hereinafter referred to as DG, CRPF) (respondent No.5) whereby the candidature of the petitioner as Scheduled Tribes (ST) candidate has been cancelled for appointment to the post of Constable (GD) in CAPFs. The petition also seeks a direction for appointment of the petitioner to the post...

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Jan 10 2019 (HC)

Devendra Singh vs.surajmal Memorial Education Society (Regd.)

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % DEVENDRA SINGH RFA No.9/2014 10th January, 2019 ..... Appellant Through: Mr. P. Vinay Kumar, Advocate with Mr. B.K. Mishra, Advocate (M. No.9818020554). versus SURAJMAL MEMORIAL EDUCATION SOCIETY (REGD.) ..... Respondent Through: Mr. Naresh Kaushik, Advocate with Mr. Omang Gupta, Advocate (M. No.9050620685). 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 plaintiff in the suit impugning the Judgment of the trial court dated 30.10.2013 by which the trial court has only partially decreed the suit filed by the appellant/plaintiff, granting the appellant/plaintiff leave encashment RFA No.9/2014 Page 1 of 12 amount for 137 days, but has dismissed the suit whereby the appellant/plaintiff claimed the relief of financial benefits by taking the appellant/plaintiff to have retired at the ...

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Jan 10 2019 (HC)

Union of India vs.mago Construction Pvt. Ltd.

Court: Delhi

$~12 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 467/2018 & IAs 15773, 15775, 15776/2018 UNION OF INDIA Date of Decision :10. h January, 2019 ........ Petitioner Through: Mr.Jaswinder Singh, Mr.Ruchir Mishra, Advs. versus MAGO CONSTRUCTION PVT. LTD. ..... Respondent Through: Mr.Rakesh Saini, Adv. along with Mr.Ravi Tej Singh Maggo, Authorized signatory of respondent company. 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 12.05.2018 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Contract Agreement No.CEDZ/40 OF200910: Construction of Building for PLI (OPS) at Delhi Cantt.2. The Arbitrator has carved out the basic facts in relation to the Contract in paragraph 15 of the Award, which is reproduced hereunder: OMP...

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Jan 10 2019 (HC)

Preeti Devi vs.govt. Of Nct of Delhi & Ors.

Court: Delhi

$~24-42. 20190/2018 Date of Decision:10. 01.2019 IN THE HIGH COURT OF DELHI AT NEW DELHI * + % W.P.(C) 6941/2015 & CM APPL. 12722-12723/2015, CM APPL. + W.P.(C) 6948/2015 & CM APPL. 12735-12736/2015 + W.P.(C) 6970/2015 & CM APPL. 12768/2015, CM APPL. MONIKA SHARMA & ORS GOVT. OF NCT DELHI & ORS CHHATARPAL SINGH & ORS GOVT. OF NCT DELHI & ORS ..... Respondent ..... Respondent ........ Petitioner ........ Petitioner versus versus 831/2019 SAREEN DABAS & ORS GOVT. OF NCT OF DELHI & ORS + W.P.(C) 7602/2015 & CM APPL. 38562/2017, CM APPL. ..... Respondent ........ Petitioner versus versus 37169/2018 HEMRAJ GOVT. OF NCT OF DELHI & ORS + W.P.(C) 7997/2015 & CM APPL. 16316/2015 KAPIL MANN AND ANR GOVT. OF NCT DELHI AND ORS. versus ........ Petitioner ..... Respondent ........ Petitioner ..... Respondent W.P.(C.) No.6941/2015 & connected matters Page 1 of 15 versus LALIT KISHORE CHANDA & ORS GOVT. OF NCT OF DELHI & ORS versus versus PREETI DEVI GOVT. OF NCT OF DELHI & ORS SATYA PRAKASH SEHRAWAT...

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Jan 10 2019 (HC)

Deepak & Ors. Vs.govt. Of Nct of Delhi & Ors.

Court: Delhi

$~24-42. 20190/2018 Date of Decision:10. 01.2019 IN THE HIGH COURT OF DELHI AT NEW DELHI * + % W.P.(C) 6941/2015 & CM APPL. 12722-12723/2015, CM APPL. + W.P.(C) 6948/2015 & CM APPL. 12735-12736/2015 + W.P.(C) 6970/2015 & CM APPL. 12768/2015, CM APPL. MONIKA SHARMA & ORS GOVT. OF NCT DELHI & ORS CHHATARPAL SINGH & ORS GOVT. OF NCT DELHI & ORS ..... Respondent ..... Respondent ........ Petitioner ........ Petitioner versus versus 831/2019 SAREEN DABAS & ORS GOVT. OF NCT OF DELHI & ORS + W.P.(C) 7602/2015 & CM APPL. 38562/2017, CM APPL. ..... Respondent ........ Petitioner versus versus 37169/2018 HEMRAJ GOVT. OF NCT OF DELHI & ORS + W.P.(C) 7997/2015 & CM APPL. 16316/2015 KAPIL MANN AND ANR GOVT. OF NCT DELHI AND ORS. versus ........ Petitioner ..... Respondent ........ Petitioner ..... Respondent W.P.(C.) No.6941/2015 & connected matters Page 1 of 15 versus LALIT KISHORE CHANDA & ORS GOVT. OF NCT OF DELHI & ORS versus versus PREETI DEVI GOVT. OF NCT OF DELHI & ORS SATYA PRAKASH SEHRAWAT...

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Jan 10 2019 (HC)

Airports Authority of India and Ors. Vs.mahesh Kumar Sethi and Anr

Court: Delhi

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:14. 12.2018 Judgment Pronounced on:10. 01.2019 LPA8822013 AIRPORTS AUTHORITY OF INDIA AND ORS. ..... Appellants Through: Mr. K.K. Rai, Sr. Advocate with Mr. Digvijay Rai, Mr. Anshul Rai and Mr. Kustubh Singh, Advs. versus MAHESH KUMAR SETHI AND ANR ........ RESPONDENTS Through: Ms. Kiran Suri, Sr. Advocate with Mr. Soumyajit Pant, Mr. Deepak Bhattacharya, Ms. Aishwarya Kumar, Ms. Ritika Gambhir and Mr. Chittranjan Singh, Advs. for R-1 Ms. Anjana Gosain with Ms. Shalini Nair and Ms. Rabiya Thakur, Advs. for R-2. Mr. Kumar Rajesh Singh, Adv. for R-2. + LPA8702013 AIRPORTS AUTHORITY OF INDIA AND ORS. ..... Appellants Through: Mr. K.K. Rai, Sr. Advocate with Mr. Digvijay Rai, Mr. Anshul Rai and Mr. Kustubh Singh, Advs. versus N.K.AWASTHI AND ANR ........ RESPONDENTS Through: Ms. Kiran Suri, Sr. Advocate with Mr. Soumyajit Pant, Mr. Deepak Bhattacharya, Ms. Aishwarya Kumar, Ms. Ritika Gambhir and Mr. Chittranjan Singh, Ad...

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Jan 10 2019 (HC)

International Lease Finance Corporation vs.union of India & Ors.

Court: Delhi

$~ 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:10. 01.2019 + W.P.(C) 6344/2018 INTERNATIONAL LEASE FINANCE CORPORATION ........ Petitioner Through: Mr.Rajeev Sharma, Mr. Neeraj Sharma, Mr.Alok Tiwari, Ms.Anjali Menghani, Ms.Dakshayani Saxena, Ms.Shubhangi Mehrish & Mr.Veera Singh, Advs. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Harpreet Singh, Sr. Standing Counsel with Ms.Suhani Mathur, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN MR. S. RAVINDRA BHAT,J.(ORAL) % 1. The petitioner in this proceedings claims direction to the Customs authority to pass appropriate orders on its duty drawback claim under Section 74 of Customs Act, 1962 (hereinafter the the Act).2. The present petition is the third in this series of proceedings. Briefly, the petitioner who owns and leases aircrafts had entered into a transaction with M/S Kingfisher Airlines. Due to some default of the lessee, few aircrafts were detained by various W.P.(C) ...

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Jan 10 2019 (HC)

Jmd Ltd. Vs.celebrity Fitness India Pvt. Ltd.

Court: Delhi

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 448/2017 Through: Mr. T.S. Thakraon, Advocate. versus ........ Petitioner JMD LTD. CELEBRITY FITNESS INDIA PVT. LTD. Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER % ORDER1001.2019 ..... Respondent 1. This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short 1996 Act). Notice in this petition was issued on 24.07.2017. Since service could not be effected via ordinary mode, liberty was given to the petitioner to serve the respondent through publication.2. The Joint Registrar (Judicial) in the proceedings dated 26.11.2018 has recorded that the respondent has been served via publication.3. There is no appearance on behalf of the respondent despite service. In these circumstances, this Court is left with no option but to proceed further in the matter.4. It is the petitioners case that it executed 9 lease deeds with the respondent. Out of the 9 lease deeds, 6 lease deeds are dated 28.0...

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Jan 10 2019 (HC)

M/S Ics Systems Private Limited vs.commissioner of Income Tax

Court: Delhi

$~R-5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI INCOME TAX APPEAL No.132/2009 Date of decision:10. h January, 2019 M/S ICS SYSTEMS PRIVATE LIMITED Through Mr. A.P. Sinha, Advocate. ..... Appellant versus COMMISSIONER OF INCOME TAX ..... Respondent Through Mr. Ashok K. Manchanda, Sr. Standing Counsel for the Revenue. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI SANJIV KHANNA, J.(ORAL): M/s ICS Systems Private Limited has filed the present appeal under Section 260A of the Income Tax Act, 1961 (Act, for short), which relates to Assessment Year 2001-02 and arises from the order dated 30th March, 2007 passed by the Income Tax Appellate Tribunal (Tribunal, for short).2. The appeal was admitted for hearing on the following substantial question of law:-"Whether on the facts and in the circumstances of the case the Income Tax Appellate Tribunal was justified in holding that the loss of money of the appellant caused by forfeiture of advance/deposit towards...

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Jan 10 2019 (HC)

Food Corporation of India(amritsar) vs.m/s Lekh Raj Dhawan Rice & Gene ...

Court: Delhi

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h January, 2019 + O.M.P. 1066/2013, I.A. 25601/2015 & 14300/2016 FOOD CORPORATION OF INDIA(AMRITSAR) ........ Petitioner Through: Mr. Mohan Lal Sharma, Advocate. (M:9811537909) versus M/S LEKH RAJ DHAWAN RICE & GENERAL MILLS & ITS PARTNERS AMRITSAR ..... Respondent Through: Mr. Arvind Kumar Tiwary, Advocate for Gurucharan Rai. (M:9212596288) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) In the present case, the Food Corporation of India (hereinafter, FCI) 1. entered into a contract for storage-cum-milling of paddy dated 20th October, 1994 with M/s. Lekh Raj Dhawan Rice & General Mills, Amritsar. The arbitration was conducted under the aegis of the Indian Council of Arbitration (hereinafter, ICA). Disputes had arisen between the parties which were decided by the impugned award of the Sole Arbitrator dated 9th May, 2013.2. An application under Order I Rule 10 CPC was filed in this case on 16th November, 20...

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