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Delhi Court October 2019 Judgments

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Oct 23 2019

Raj Pal vs.union of India and Anr.

Court: Delhi

Decided on: Oct-23-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. 10.2019 $~23 * + W.P.(C) 11337/2019 RAJ PAL UNION OF INDIA AND ANR. Through : Mr. S.K. Gupta, Advocate. versus ........ Petitioner ........ RESPONDENTS Through : Mr. Arun Bhardwaj, CGSC for UOI. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI JUDGMENT G.S.SISTANI, J.(ORAL) 1. The petitioner is aggrieved by order dated 29.10.2018 passed by the Central Administrative Tribunal (Tribunal for short) rejecting a preliminary objection raised by the petitioner with regard to maintainability of inquiry proceedings on the ground that the initiation of inquiry and the charge sheet were not approved by the Disciplinary Authority.2. Issue notice.3. Mr. Bhardwaj, learned CGSC for Union of India appears on an advance copy and accepts notice.4. We have heard learned counsel for the parties. WP(C) No.11337/2019 page 1 of 4 5. In this case, the learned Tribunal has rejected the contention of the petitioner on ...


Oct 23 2019

Rajender Bharti & Anr. Vs.state

Court: Delhi

Decided on: Oct-23-2019

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. 10.2019 CRL.A. 223/2010 & Crl.M.A. 37567/2019 & Crl.M.A. 36456/2019 RAJENDER BHARTI & ANR. ..... Appellant STATE Through: Mr. Ram Kumar, Advocate Versus ..... Respondent Through: Mr. G.M.Farooqui, Additional Public Prosecutor for State CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT BRIJESH SETHI, J (ORAL CRL.A. 223/2010 The present appeal has been filed by the appellants 1). Rajender Bharti and 2). Kunwar Pal Sharma @ Tunda against the Judgment dated 03.02.2010 and order on sentence dated 05.02.2010 passed by Ld. ASJ, vide which the appellants were sentenced to three years of RI with fine of Rs.10,000/- each for the offence under section 259 IPC and in default of payment of fine, they shall further undergo simple imprisonment for three months. Crl. A. 223/ 2010 Page No.1 Learned counsel for the appellant states that he does not want to argue on the merits of the case and will confine his arguments on the order on se...


Oct 23 2019

Mohd. Ikram vs.the Govt. Of Nct Delhi and Ors.

Court: Delhi

Decided on: Oct-23-2019

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d October, 2019 + W.P.(C) 6302/2019 MOHD. IKRAM Through: Mr. Shakil Akhtar, Adv. ........ Petitioner versus THE GOVT. OF NCT DELHI AND ORS. ........ RESPONDENTS Through: Mr. Anupam Srivastava, ASC with Mr. Dhaieya Gupta, Adv. for respondent nos. 1 to 6 Mr. Hashmat Nabi and Ms. Farah Naaz, Advs. for respondent No.7 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR ORDER2310.2019 % D.N. PATEL, CHIEF JUSTICE (ORAL) 1. This so-called Public Interest Litigation (PIL) has been preferred with the following prayers:-"(a) allow the present Writ Petition (Civil) by way public interest litigation and direct/order(s) to the respondents to immediately stop encroachment, demolition and destruction of medieval age Masjid Quazian @Masjid Bhool Bullayan Mehrauli, a public property under Delhi Waqf Board bearing Khasra No.640 admeasuring 3Bigha 1 Biswa & bearing No.30 Page 382 of Delhi Gazette dt. 16.04.1970 situated i...


Oct 22 2019

Jitender Kumar vs.directorate of Health Services Govt of Nct of Delhi

Court: Delhi

Decided on: Oct-22-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI JITENDER KUMAR Reserved on:10. h October 2019 Decided on:22. d October, 2019 LPA792014 ..... Appellant Through: Mr. Rajiv Agarwal, Mr. Anuj Agarwal and Mr. Sugandh Kochhar, Advocates. versus DIRECTORATE OF HEALTH SERVICES GOVT OF NCT OF DELHI ..... Respondent Through: Mr. Naushad Ahmed Khan, ASC (Civil) for GNCTD. YOGENDER KUMAR & ORS LPA7312014 ..... Appellants Through: Mr. Rajiv Agarwal, Mr. Anuj Agarwal and Mr. Sugandh Kochhar, Advocates. Mr. Atul T.N. and Mr. Devendra Verma, Advocates. versus DIRECTORATE OF HEALTH SERVICES GOVT OF NCT OF DELHI Through: Mr. Naushad Ahmed Khan, ASC ..... Respondent (Civil) for GNCTD. CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH % JUDGMENT Dr. S. Muralidhar, J.:1. Both these appeals arise out of a set of facts and involve the same LPA Nos. 79/2014 & 731/2014 Page 1 of 11 question of law and are accordingly being disposed of by this common judgment.2. LPA No.79/2014 by Jitender Kumar is directed against...


Oct 22 2019

Chhuttan Lal Mattu Mal vs.muna Lal Ram Dayal (Huf)

Court: Delhi

Decided on: Oct-22-2019

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:22. 10.2019 RC.REV. 143/2018 & CAVEAT3082018 & CM APPL. 14058/20018 & 31766/2019 CHHUTTAN LAL MATTU MAL MUNA LAL RAM DAYAL (HUF) versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Ms.Deepika Mishra, Advocate. For the Respondent: Mr.Vijay Gupta Advocates. and Mr.Rohit Khandelwal, CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 18.01.2018 whereby the leave to defend of the petitioner has been dismissed and an eviction petition order passed.2. Respondent had filed the subject eviction petition seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of the Delhi Rent Control Act, 1958, from one shop situated on the ground floor of property bearing Municipal No.17, RC.REV. 143/2018 Page 1 of 3 Main Road, Chawri Bazar, Delhi-110006.3. Parties were referred to med...


Oct 22 2019

Vintron Informatics Limited vs.united Bank of India & Anr

Court: Delhi

Decided on: Oct-22-2019

$~15 and 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3549/2014 + FORTUNE MARKETING PVT. LTD. ........ Petitioner Through: Mr.Pallav Saxena, Advocate. versus UNITED BANK OF INDIA & ANR. Through: Mr.Bheem Sain Jain, Advocate. ........ RESPONDENTS W.P.(C) 11334/2015 VINTRON INFORMATICS LIMITED ........ Petitioner Through: Mr.Nagendra Kumar with Mr.Chakshu Thakral, Advocates. versus UNITED BANK OF INDIA & ANR Through: Mr.Bheem Sain Jain, Advocate. ........ RESPONDENTS CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH % ORDER2210.2019 Dr. S. Muralidhar, J.:1. These are two petitions arising out of a similar set of facts and raising common issues and are accordingly being disposed of by this common order.2. W.P.(C) 3549 of 2014 by M/s.Fortune Marketing Pvt. Ltd. (FMPL) is W.P.(C) 3549/2014 and W.P.(C) 11334/2015 Page 1 of 8 directed against orders dated 1st August, 2013 and 2nd April, 2014 passed by the Debt Recovery Tribunal (DRT)-2 in OA No.277 of 2001 and Debt Recovery Appellat...


Oct 22 2019

Mahender vs.state (Nct of Delhi) & Anr

Court: Delhi

Decided on: Oct-22-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.REV.P. 809/2016 Reserved on :26. 09.2019 Date of Decision :22. 10.2019 IN THE MATTER OF: MAHENDER ........ Petitioner Through: Mr. Ashok Kr. Arya, Advocate versus STATE (NCT OF DELHI) & ANR ........ RESPONDENTS Through: Dr. M.P. Singh, APP for State with SI Amar Singh, P.S. R.K. Puram Mr. Abdul, Advocate for Respondent No.2 CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI1 By way of the present petition, the petitioner has assailed judgment dated 28.11.2016 passed by the Additional Sessions Judge, Special Judge (PC Act), CBI-05, Patiala House Courts, New Delhi in CA No.8748 of 2016 whereby the judgment of acquittal of the petitioner was set aside and the petitioner was convicted and sentenced to RI for six months along with a fine of Rs.10,000/-, which was directed to be paid as compensation to respondent No.2, in default whereof to undergo SI for 15 days.2. Earlier, the trial court vide judgment dated 14.07.2016 had acquitted the petitioner and...


Oct 22 2019

Vijay Kumar Suri vs.surinder Pal Singh (Deceased) Thr Lrs

Court: Delhi

Decided on: Oct-22-2019

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d October, 2019 + CM(M) 1417/2019 and CM APPL. 42890/2019, 42891/2019 VIJAY KUMAR SURI ........ Petitioner Through: Mr. A.K. Dhupar, Advocate (M:98102. 3766). versus SURINDER PAL SINGH (DECEASED) THR LRS ........ RESPONDENTS Through: Mr. Praveen Suri, Advocate (M: CORAM: JUSTICE PRATHIBA M. SINGH981098188). Prathiba M. Singh, J.(Oral) The present petition has been filed by 1. the... Petitioner/Tenant (hereinafter, Tenant) challenging the order dated 21st April, 2018 by which the ld. Trial Court has directed payment of the admitted rent w.e.f. 1st April, 2013 @ Rs. 2,200/- per month. The said order reads as under: - Counsel for defendant has submitted that the rent amount @ Rs. 2200/- has been deposited in the Court of Rent Controller upto 31st March, 2013 and the copy of receipts were filed on court record on last date. It is further submitted that defendant has been sending money orders but the Plaintiff is deliberate...


Oct 22 2019

Ram Badan vs.angoori Devi

Court: Delhi

Decided on: Oct-22-2019

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:22. 10.2019 RC.REV. 123/2019 & CM APPL. 9431/2019 RAM BADAN ANGOORI DEVI versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr. Kamal Mehta, Advocate with petitioner in person. For the Respondent: Mr.Amit Kumar Pandey, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 04.12.2018, whereby the leave to defend of the petitioner has been dismissed and an eviction petition order passed.2. Subject eviction petition was filed by the respondent seeking eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of the Delhi Rent Control Act, 1958, from one room on the first floor of House No.18, Gali No.2, Old Gobind Pura Ext. near Parwana Road, Delhi-110051, more particularly as shown in red RC.REV. 123/2019 Page 1 of 3 colour in the site plan filed before the Rent Con...


Oct 22 2019

Faith Academy (Recognised Unaided Christian Minortiy Senior Secondary ...

Court: Delhi

Decided on: Oct-22-2019

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:22. 10.2019 + W.P.(C) 11289/2019 & CM APPL. Nos. 46501-02/2019 FAITH ACADEMY (RECOGNISED UNAIDED CHRISTIAN MINORTIY SENIOR SECONDARY SCHOOL) ........ Petitioner Through : Mr. M. Qayam-Ud-Din, Advocate with Mr.Anil Lal, Senior Administrative Officer, Faith Academy. versus NORTH DELHI MUNICIPAL CORPORATION AND ORS. ........ RESPONDENTS Through : Ms. Mini Pushkarna and Ms. Warisha Farasat, Advocate for R1. Mr. Arjun Pant, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI JUDGMENT G.S.SISTANI, J.(ORAL) 1. This is the third round of litigation arising out of almost identical facts inter-se the parties. The petitioner is an unaided W.P.(C) No.11289/2019 page 1 of 7 minority school situated at John L. Dorsey Road, Prasad Nagar, New Delhi.2. It is claimed that the school is running in two shifts-morning and evening ; has a strength of about 5000 students ; staff of 300, and a build...


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