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Delhi Court October 2019 Judgments

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Oct 31 2019

Rekha Jain vs.secretary of Ministry of Human Resources Development and ...

Court: Delhi

Decided on: Oct-31-2019

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. t October, 2019 + W.P.(C) 5265/2019 REKHA JAIN Through:... Petitioner in person ........ Petitioner versus SECRETARY OF MINISTRY OF HUMAN RESOURCES DEVELOPMENT AND ANR. ........ RESPONDENTS Through: Mr. Sandeep Tyagi, SCGC for respondent No.1 Mr. Amit Bansal and Ms. Seema Dolo, Advs. for respondent No.2 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR ORDER3110.2019 % D.N. PATEL, CHIEF JUSTICE (ORAL) 1. This so-called Public Interest Litigation (PIL) has been preferred with the following prayers:-"(a) Writ, order or direction in nature of Mandamus or any other appropriate writ, order or direction for taking the cognizance on Central Board of Secondary Examination BYE-LAWS1995 RULE69i) existing before amendment notification date 25/6/2015 and office order date 18/11/2015 for the W.P.(C) 5265/2019 Page 1 of 6 all those candidates whose result declared between 26/06/2005 to 24/6/2015. (b) Any other orde...


Oct 31 2019

Raj Kumar Brothers vs.life Essentials Personal Care Private Ltd

Court: Delhi

Decided on: Oct-31-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: October 31, 2019 % + O.M.P. (COMM) 435/2019 & I.As.14406-14409/2019 RAJ KUMAR BROTHERS Through: Mr. Anil Goel and Ms. Aditya Goel, ........ Petitioner Advs. versus LIFE ESSENTIALS PERSONAL CARE PRIVATE LTD ..... Respondent Through: Mr. Harpreet S. Popli, Mr.Anuj Yadav and Ms. Razia Wadhwa, Advs. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) 1. The present petition has been filed by the petitioner under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award dated November 29, 2018 passed by the learned sole Arbitrator.2. The respondent has entered appearance through Mr. Harpreet S. Popli, Advocate, who has taken a preliminary objection about the maintainability of the petition in this Court on the ground that in terms of the agreement between the parties, they have agreed that all the disputes related to the agreement shall be subject to the Gurugram jurisdiction. I may, here, repr...


Oct 31 2019

Prateek Solanki vs.vivekananda Institute of Professional Studies and A ...

Court: Delhi

Decided on: Oct-31-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * Judgement reserved on 23.10.2019 % + W.P.(C) 10909/2019 NAINCY SAGAR Judgement pronounced on 31.10.2019 ........ Petitioner + Through : Mr. Raj Kamal, Mr. Aseem Atwal, and Mr. Kartavya Batra, Advocates versus VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES AND ANR. ........ RESPONDENTS Through : Mr. Rakesh Munjal, Sr. Adv. with Mr. Annirudh Sharma, and Mr. Nitisha Goyal, Advocates for R-1. Ms. Ekta Sikri, and Mr. Shashwat Sharma, Advocates for R-2. W.P.(C) 8697/2019 PRATEEK SOLANKI ........ Petitioner Through : Mr. Raj Kamal, Mr. Aseem Atwal, and Mr. Kartavya Batra, Advocates versus VIVEKANANDA INSTITUTE OF PROFESSIONAL STUDIES AND ANR. ........ RESPONDENTS Through : Mr. Rakesh Munjal, Sr. Adv. with Mr. Annirudh Sharma, and Mr. Nitisha Goyal, Advocates for R-1. Ms. Anita Sahani, Advocate for R-2. W.P.(C)Nos.10909/2019 & 8697/2019 Pg.1 of 23 CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.: Preface: These are two writ petitions in ...


Oct 31 2019

Communication Components Antenna Inc. Vs.ace Technologies Corp. And Or ...

Court: Delhi

Decided on: Oct-31-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1222/2018 Reserved on:17. h October, 2019 Pronounced on:31. t October, 2019 COMMUNICATION COMPONENTS ANTENNA INC. ..... Plaintiff Through: Mr. Gaurav Pachnanda, Senior Advocate with Mr.Sidhant Goel, Mr.Mohit Goel, Ms.Avni Sharma, Mr.Aditya Goel & Mr.Deepankar Mishra, Advocates. versus ACE TECHNOLOGIES CORP. AND ORS. ..... Defendants Through: Mr.Sandeep Sethi, Senior Advocate with Mr.Dev Robinson, Mr.Shantanu Tyagi, Ms. Apoorva Murali & Ms.Surabhi, Advocates. % CORAM: HONBLE MR. JUSTICE PRATEEK JALAN JUDGMENT I.A. Nos. 10684/2019 & 13480/2019 in CS(COMM) 1222/2018 1. I.A. 10684/2019 is the application of the plaintiff for clarification of a judgment of this Court dated 12.07.2019, and I.A. 13480/2019 is an application, also by the plaintiff, for modification of an order dated 30.08.2019. Both applications turn on the interpretation of certain orders passed by this Court, as well as the Division Bench CS(COMM) 1222/2018 Page 1 of 13...


Oct 31 2019

d.t.c. Vs.jagdish

Court: Delhi

Decided on: Oct-31-2019

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :-"31.10.2019 + W.P.(C) 2542/2007 D.T.C. JAGDISH Through: Ms.Bhakti ........ Petitioner Pasrija Sethi with Mr.Moksh Pasrija & Ms.Reshma Pasrija, Advs. versus Through: Mr.Rajiv Agarwal with Ms.Meghna ..... Respondent De, Advs. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The present writ petition filed by the management/Delhi Transport Corporation assails the award dated 21.03.2006 passed by the Industrial Tribunal No.I, Karkardooma Courts, Delhi in ID No.15/05. Under the impugned award, the learned Tribunal concluded that the order dated 14.07.1998 passed by the petitioner, dismissing the respondent from service, being in violation of the law laid down by the Supreme Court in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. vs. Ram Gopal Sharma & Ors., (2002) 2 SCC244 had to be treated as ineffective and non-est. In the light of its WP (C) No.2542/2007 Page 1 of 8 aforesaid conclusion, the learned Tribunal ha...


Oct 31 2019

Neeraj Sharma vs.the Union of India and Ors.

Court: Delhi

Decided on: Oct-31-2019

$~10. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9337/2018 % :1. NEERAJ SHARMA Versus Date of Decision:31. t October, 2019 ........ Petitioner Through: Mr.K.S.Wahi, Adv. THE UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr.Anil K.Soni, CGSC for R-1/UOI. Mr.Ajjay Aroraa, Adv. with Mr.Kapil Dutta, Adv. for R-2 to 7/NDMC, SDMC, EDMC. Mr.Sumeet Pushkarna, Adv. for R-8/DJB. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT D.N.PATEL, Chief Justice (Oral) This public interest litigation has been preferred with the following prayers:-"1. Every provision of listed law in this petition as was in existence on the date of the commencement of the 74th amendment of constitution as was neither amended nor repealed cannot be enforced because of constitutional fetter imposed by Article 243ZF of Constitution; 2. Every provision of law has been enacted either due to absence of valid field of legislation or by committing violence with Part IXA of Constitution a...


Oct 31 2019

Suraj Kumar vs.dhananjay Kumar & Ors (The Tata Aig Insurance Company L ...

Court: Delhi

Decided on: Oct-31-2019

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 403/2015 & CM81812015 Decided on:31. 10.2019 SURAJ KUMAR ..... Appellant Through: Mr. Shrey Chathly, Adv. versus DHANANJAY KUMAR & ORS (THE TATA AIG INSURANCE COMPANY LTD) ........ RESPONDENTS Through: Mr. Abhay Singh Bhadoria, Adv. for Mr. Sameer Nandwani, Adv. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award of compensation dated 10.11.2014 passed by the learned MACT in MACT No.130/2011 on the ground that insofar as it does not grant the fitment of a prosthetic limb to the claimant. The Court would note that the injured has suffered amputation of the left lower limb. In any case, he has become 100% disabled because neither of his legs can function normally and he is having difficulty in walking with crutches. The Court is of the view that just compensation would include ensuring optimization of movement of the injured victim. Therefore, fitment of a prosthetic limb is the first n...


Oct 31 2019

Haseeb vs.state

Court: Delhi

Decided on: Oct-31-2019

% + CRL.A.1200/2016 HASEEB versus STATE Advocates who appeared in this case: For the Appellant: ..... Appellant ..... Respondent IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:31. 10.2019 Mr. Dhan Mohan, Ms. Tanu B. Mishra, Mr. Ravi Mishra and Ms. Roshni Rani. For the Respondent: Ms. Kusum Dhalla, APP for State. CORAM HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J The appellant has filed the present appeal, inter alia, impugning 1. a judgment dated 06.06.2016 passed by the Ld. ASJ Spl. FTC, Saket Courts, Delhi, whereby the appellant was convicted of the offences punishable under Sections 342/376/506 of the Indian Penal Code, 1860 (IPC). The appellant also impugns an order dated 08.06.2016, whereby the appellant was sentenced to six months of imprisonment and a fine of 1,000/- (in default of which he would have to undergo imprisonment for a period of one month) for the offence under Section 342 of the IPC; rigorous imprisonment for a period of seven years and a f...


Oct 31 2019

Ravinder Singh & Anr. Vs.saroj Singh & Ors.

Court: Delhi

Decided on: Oct-31-2019

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:31. 10.2019 RC.REV. 539/2016 RAVINDER SINGH & ANR SAROJ SINGH & ORS versus ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner: Mr. Praveen Suri, Advocate with petitioner No.1 & 2 in person. For the Respondent: Ms. Gita Dhingra, Advocate CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner/landlord impugns order dated 19.08.2016 whereby eviction petition filed by the petitioner under Section 14 (1) (e) of Delhi Rent Control Act, 1958 on the ground of bonafide necessity has been dismissed by the Rent Controller after trial.2.... Petitioner had filed the subject eviction petition seeking eviction of the respondents from one room, one kitchen, one bathroom/WC on the first floor of Property bearing No.11200-B, First Floor, Mandir Road, Gaushala Marg, Kishan Ganj, Near Arya RC.REV.539/2016 Page 1 of 5 Samaj Mandir, Delhi, more p...


Oct 31 2019

Mohd Faiz Khan vs.state & Anr.

Court: Delhi

Decided on: Oct-31-2019

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. 10.2019 + CRL.M.C. 5551/2019 MOHD FAIZ KHAN ........ Petitioner Through Mr.S.S. Drall, Adv. versus STATE & ANR. Through Mr. Hirein Sharma, APP for State. Respondent no.2 in person. SI Surender PS Jamia Nagar. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL. M.A. 39303/2019 1.2. Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 5551/2019 3. Vide the present petition, the petitioner seeks direction thereby quashing FIR No.27/2016 dated 11.01.2015, registered at PS Jamia Nagar, for the offences punishable under Sections 354(D)/506/509 IPC and all other proceedings emanating therefrom. CRL.M.C.5551/2019 Page 1 of 3 4.5. Notice issued. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal.6. The present petition is filed on t...


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