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Delhi Court October 2019 Judgments

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Oct 15 2019

Sushila Kaul vs.the Chief Secretary, Nct Delhi & Ors.

Court: Delhi

Decided on: Oct-15-2019

$~12 * + W.P.(C) 9669/2019 SUSHILA KAUL Date of Decision:15. 10.2019 .....Petitioner IN THE HIGH COURT OF DELHI AT NEW DELHI Through: Mr.Debasis Misra, Advocate versus THE CHIEF SECRETARY, NCT DELHI & ORS. ...Respondents Through: Mr.Zoheb Hossain, ASC with Mr.Vivek Gurnani, Advocate for respondents No.1, 2 and 3. Mr.S.R.Swain, Advocate respondent No.4 for CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI JUDGMENT G.S.SISTANI, J.(ORAL) CM APPL. 42598/2019(Restoration) 1. This application is directed against order dated 12.07.2019 passed by the Central Administrative Tribunal (Tribunal) whereby the application for execution of order dated 07.06.2002 filed by the petitioner was dismissed on the ground that it had been filed after the lapse of 15 years. W.P.(C) 9669/2019 page 1 of 3 2. Learned counsel for the petitioner submits that the learned Tribunal has failed to consider the fact after the OA was allowed, the petitioner was not only entitled to promotio...


Oct 15 2019

Santosh Kumar vs.delhi Jal Board

Court: Delhi

Decided on: Oct-15-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:-"15.10.2019 + W.P.(C) 10100/2017 & CM No.41286/2017 SANTOSH KUMAR ........ Petitioner DELHI JAL BOARD Through Mr.Anug Aggarwal with Mr.Kumar Utkarsh, Advs. versus ..... Respondent Through Mr.Rameezuddin Raja, Adv Ms.Sangeeta Bharti, ASC. for CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The present writ petition under Articles 226 and 227 of the Constitution of India filed by the workman assails the award dated 25.08.2017 passed by the learned Labour Court-XVII, Karkardooma Courts, Delhi in LIR No.515/2017, whereunder the petitioners claim for reinstatement in service has been rejected.2. The petitioner, who was working as an Assistant Pump Driver in the respondent/Delhi Jal Board was involved in an incident leading to registration of a FIR No.51/2010 against him under Section 363, 366, 368 and 376 of the Indian Penal Code, 1860 (IPC) at Police Station Kotwali Dehat, Bulandsahar, U.P. The petitioner came t...


Oct 15 2019

Pushpa vs.geeta

Court: Delhi

Decided on: Oct-15-2019

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:15. 10.2019 RC.REV. 349/2015 PUSHPA GEETA versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr. S.D. Ansari, Adv. with petitioner in person. For the Respondent: Mr. Dharm Vir Singh, Advocate with respondent in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 04.03.2015 whereby the Leave to defend application of the petitioner has been dismissed by the Rent Controller and an eviction 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 Delhi Rent Control Act, 1958 from one room (measuring 10 ft. x 9 ft.) forming part of property bearing No.4436, First Floor, Gali Chaudhary Nahar Singh, Pahari Dhiraj, Delhi-110 RC.REV.349/2015 Page 1 of 3 006, more particularly as shown in red co...


Oct 15 2019

Amarjeet Singh & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Oct-15-2019

$~55 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 5229/2019 Date of decision:15. 10.2019. AMARJEET SINGH & ORS. ........ Petitioners Through Mr. S. Chaurihaa with Mr. Vijay versus Sharma, Adv. ........ RESPONDENTS Through Mr. Kamal Kr. Ghei, APP for State Adv. (appearance not given) for R-2 Respondent no.2 in person STATE & ANR. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) 1. Vide the present petition, the petitioners seek direction thereby quashing FIR No.0215/2016 dated 27.04.2016, registered at PS Sarojini Nagar and all other proceedings emanating therefrom.2. 3. Notice issued. Notice is accepted by learned APP for the State and counsel for the respondent no.2.4. With the consent of the counsel for the parties, the present petition is taken up for final disposal.5. The present petition is filed on the ground that the parties have settled their disputes and the respondent no.2 has no objection if the present petition CRL.M.C. 5229/2019 Page 1 of 3 is allowed.6...


Oct 15 2019

Union of India vs.m/s Associated Construction Co

Court: Delhi

Decided on: Oct-15-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. h July, 2019 Pronounced on:15. October 2019 FAO(OS) (COMM) 14/2018, CM Nos. 3178/2018 & 3180/2018 UNION OF INDIA ..... Appellant Through Mr. Ruchir Mishra with Mr. Mukesh versus Kumar Tiwari, Advocates. CORAM: M/S ASSOCIATED CONSTRUCTION CO Through Dr. Amit George, Mr. Rishabh Dheer, Mr. Swaroop George & Mr. Amol Acharya, Advocates. ..... Respondent HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.FAO(OS) (COMM) 14/2018, CM Nos. 3178/2018 & 3180/2018 1. This is an appeal under Section 13 of Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as The Commercial Courts Act) read with Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act), assailing the order dated 17.08.2016 (hereinafter referred to as the impugned order) passed by the learned Single Judge of this Court, whereby th...


Oct 15 2019

Raees Ahhad vs.vijender Kumar

Court: Delhi

Decided on: Oct-15-2019

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:15. 10.2019 C.R.P. 109/2019 & CM APPL. 21751/2019 RAEES AHHAD VIJENDER KUMAR versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr.S.C. Arora, Adv. For the Respondent: Mr. Ratnesh Bansal, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1. Mr. Ratnesh Bansal, Advocate entered appearance on behalf of the respondent/Plaintiff.2.... Petitioner/Defendant impugns order dated 29.01.2019 whereby the application of the petitioner to lead rebuttal evidence has been rejected.3. Subject suit was filed by the respondent for recovery of money. One of the questions arising before the trial court was with regard to the genuineness of receipt dated 28.03.2006 allegedly executed by the... Petitioner. Said receipt was relied on by the respondent/plaintiff and signatures and thumb impressions on it have been denied by the petitioner/defendan...


Oct 15 2019

Vinod Kumar vs.state

Court: Delhi

Decided on: Oct-15-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :13. 09.2019 % Pronounced on :15. 10.2019 + CRL.REV.P. 887/2019 & Crl. M. (Bail) 1485/2019 VINOD KUMAR ........ Petitioner STATE Through: Mr. Aditya Sharma and Mr. Vinay Kumar, Advs. versus ..... Respondent Through: Ms. Kamal Kumar Ghei, APP for the SI Durga Das, State with P.S.K.M.Pur. CORAM: HON'BLE MR. JUSTICE RAJNISH BHATNAGAR JUDGMENT1 By this judgment, I shall decide the present revision petition filed by the revisionist against the judgment dated 13.08.2019, passed by the Court of Ms. Shaunali Gupta, Ld. A.S.J.-5, South East District, Saket Court, New Delhi in criminal appeal No.514/2018 in case FIR No.655/2014 P.S. Kotla Mubarakpur.2. The FIR in this case was registered on the statement of the complainant who stated that on 07.08.2014, she had boarded on a bus from medical bearing route No.479. The bus was crowded and there was no place CRL. REV. P. 887/2019 Page 1 of 9 to sit. She was standing in the bus, a man boarded the ...


Oct 15 2019

Reliance General Insurance Company Ltd. Vs.mona & Ors

Court: Delhi

Decided on: Oct-15-2019

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 690/2017 & CM APPL. 28108/2017 Decided on:15. 10.2019 RELIANCE GENERAL INSURANCE COMPANY LTD MONA & ORS Through: Ms. Prerna Mehta, Advocate. ..... Appellant versus ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate for R-1 to R-4. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award of compensation dated 19.05.2017 passed by the learned MACT in MACT No.3on the ground that refund of Rs. 23,380/- of the tax paid for AY201617 for the sole ITR, which was filed by the deceased albeit prior to his demise, cannot be taken as the basis of his earnings and for calculation of the claimants loss of dependency.2. The Court is of the view that in so far the said ITR was duly considered by the Income Tax authority and the refund of Rs. 23,380/- was given to the deceased assessee coupled with the fact that the ITR was filed before the accident itself, there is no reason to doubt either the IT...


Oct 15 2019

Suman Taneja vs.district & Sessions Judge Delhi & Ors

Court: Delhi

Decided on: Oct-15-2019

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:15. 10.2019 + SUMAN TANEJA LPA5322016 Through: Mr. R. K. Saini, Mr. Ankit Singh and ..... Appellant Ms.Bhavna Jain, Advocates. versus DISTRICT & SESSIONS JUDGE DELHI & ORS ........ RESPONDENTS Through: Ms. Avnish Ahlawat, Standing Counsel GNCTD with Mr. Nitesh Kr. Singh, Ms. Palak Rohmetra and Ms. Laveena Arora, Advocates. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA SANJEEV NARULA, J.(Oral):1. The present appeal under Clause X of the Letters Patent is directed against the order dated 06.04.2016 passed in W.P.(C) No.3965/2003 titled as Smt. Suman Taneja v. District & Sessions Judge, Delhi &Anr whereby learned Single Judge has dismissed the writ petition of the Appellant, filed for seeking quashing of the action of the... RESPONDENTS in terminating the services of the Appellant under Rule 5(i) of Central Civil Services (Temporary Service) Rules [CCS(TS) Rules]., 1965.2. The facts leading to the ...


Oct 14 2019

Raghuvir Buildcon Pvt Ltd vs.ircon International Limited & Anr.

Court: Delhi

Decided on: Oct-14-2019

$~39 * % + O.M.P.(I) (COMM.) 343/2019 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h October, 2019 RAGHUVIR BUILDCON PVT LTD ........ Petitioner Through Mr. Yashasvi V., Mr. Purvish Malkan, Ms. Dharita Malkan and Mr. Dhruv Grag, Advocates. versus IRCON INTERNATIONAL LIMITED & ANR. ........ RESPONDENTS Through Mr. Gauhar Mirza and Mr. Nishant Doshi, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) I.A. No.14207/2019 (for exemption) 1.2. Exemption allowed, subject to all just exceptions. The application stands disposed of. O.M.P.(I) (COMM.) 343/2019 1. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (Act) seeking a stay against encashment of Bank Guarantee issued by Karnataka Bank Limited, Vadodara Branch.2. The present petition relates to Bank Guarantee No.17793BG00040 dated 31.08.2017 furnished by the petitioner to the Bank, which was extended on 10.10.2018, further extended on 08.04.2019 and thereafter extended on...


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