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Delhi Court October 2019 Judgments

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Oct 10 2019

M/S Ramacivil India Construction Pvt. Ltd. Vs.delhi State Industrial & ...

Court: Delhi

Decided on: Oct-10-2019

$~A-26 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. 10.2019 + ARB.P. 535/2019 M/S RAMACIVIL INDIA CONSTRUCTION PVT. LTD. Through: Mr. Avinash Trivedi & Mr. Umesh Kashyap, Advocates ........ Petitioner DELHI STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. (DSIIDC) versus Through: Mr. Anuj Chaturvedi, Advocate with Mr. D.P. Dwivedi, AEE & Mr. Vijay Pal Singh, EE ..... Respondent CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) 1. This is a petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996, (the Act) for appointment of Sole Arbitrator to adjudicate the disputes between the parties.2. It is the case of the petitioner that the respondent had awarded work of Construction of Academic Building Fashion Centre and Hostel at NIFT Hauz Khas, New Delhi to the petitioner vide letter of acceptance dated 30.12.2013. The contractual amount of the work was Rs.43,49,41,397/- and the duration of work was for a period of 24 months....


Oct 10 2019

Oriental Insurance Co. Ltd. Vs.omkar & Ors.

Court: Delhi

Decided on: Oct-10-2019

$~20 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:10. 10.2019 MAC.APP. 872/2018 & CM APPL. 40310/2018 ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. Ravi Sabharwal, Advocate. versus OMKAR & ORS ........ RESPONDENTS Through: Mr. Ajay Sharma, Advocate for R-1. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award of compensation dated 13.08.2018 passed by the learned MACT in MACP No.450135/2016, whereby an amount of Rs. 42,192/- was awarded as compensation towards loss of income for the period of recuperation of the injured-claimant. It is the appellants case that in the Claim Petition the injured had claimed such incapacitation of only six months, therefore for the learned Tribunal to have awarded damages for one year is without any basis. The motor-vehicular accident occurred on 21.11.2007 and the Claim Petition was filed almost after one year on 18.10.2008.2. The learned counsel for the respondent submits in this regard tha...


Oct 10 2019

Dr. Jaya Bajpai vs.national Board of Examination and Anr

Court: Delhi

Decided on: Oct-10-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on 01.10.2019 Judgment pronounced on 10.10.2019 + W.P.(C) 7255/2019 & CM APPL. 30114/2019 DR. SHIDORE SHITAL MHATARDEO ........ Petitioner Through: Mr. Puneet Yadav with Mr. Sourabh Gupta, Mr. Prashant Dahat, Mr. Taran Arora, and Ms. Priya Singh, Advocates. versus NATIONAL BOARD OF EXAMINATION (NBE) ..... Respondent Through: Mr. Kirtiman Singh with Mr. Prateek Dhanda, Mr. Waize Ali Noor, and Mr. Rohan Anand, Advocates. + W.P.(C) 7581/2019 & CM APPL. 31549/2019 DR. JAYA BAJPAI ........ Petitioner Through: Mr. Kaustubh Shukla with Mr. Abhay Singh, Advocates. versus NATIONAL BOARD OF EXAMINATION AND ANR .... RESPONDENTS Through: Mr. Kirtiman Singh with Mr. Prateek Dhanda, Mr. Waize Ali Noor, and Mr. Rohan Anand, Advocates. W.P. (C) No.7255/2019 Page 1 of 42 CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.:1. The chasm between justice and what a wooden approach to law can lead to is brought to fore in these cases. T...


Oct 10 2019

Suresh Chand vs.union of India and Ors.

Court: Delhi

Decided on: Oct-10-2019

$~59 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment :10. h October, 2019 ........ Petitioner Through Mr. U. Srivastava, proxy counsel with Mr. Anoop Kumar, Advocates for Mr. M.K. Gaur, Advocate. versus + W.P.(C) 10808/2019 CORAM: SURESH CHAND UNION OF INDIA AND ORS. ........ RESPONDENTS Through Mr. T.P. Singh, Sr. Central Govt. Counsel for R-1/UOI. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI G.S. SISTANI, J.(ORAL) CM APPL446612019 (exemption) 1. Exemption is allowed subject to all just exceptions.2. Application stands disposed of. W.P.(C) 10808/2019 3. The present petition has been filed by the petitioner being aggrieved by two orders dated 11.09.2019 and 26.09.2019 passed by learned Central Administrative Tribunal (Tribunal).4. Mr. U. Srivastava, learned counsel appearing for the petitioner submits that the petitioner had laid challenge to an order dated 11.09.2019 passed by the respondents by which the services of the petitioner were termin...


Oct 10 2019

Zakir vs.maqbool Ahmed

Court: Delhi

Decided on: Oct-10-2019

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:10. 10.2019 RC.REV. 533/2019 & CM APPL. 40446/2019 ZAKIR MAQBOOL AHMED versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr. Shoaib Haider and Mr. Zafar Abbas, Advocates For the Respondent: Mr. Amit Gupta and Mr. S. Bharti, Advocates. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 08.04.2019 whereby leave to defend application of the petitioner has been dismissed.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 Godown/Shop with Mezzanine having separate staircase on the ground floor of property known as property bearing No.990, Ward No.XI, Haveli Bakhtavar Khan, Gail Madarse Wali, Matia Mahal, Jama Masjid, Deihi-110006, more particularly as shown in ...


Oct 10 2019

State (Nct of Delhi) vs.ranjeet @ Ganja @ Sombar Roy

Court: Delhi

Decided on: Oct-10-2019

$~11 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.L.P. 443/2019 STATE (NCT OF DELHI) ........ Petitioner Through Mr. Rajat Katyal, APP for the State. versus RANJEET @ GANJA @ SOMBAR ROY ..... Respondent Through Mr.Amit Kumar with Ms.Meenakshi Dutta and Mr.Pranav Buwaniwala, Advocates. Date of Decision:10. h October, 2019 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL MANMOHAN, J (Oral): JUDGMENT1 Present criminal leave petition has been filed on behalf of the State challenging the judgment and order of acquittal dated 09th May, 2019 passed by Additional Sessions Judge (North-West), Special Court (POCSO), Rohini District Courts, Delhi in FIR No.552/2014 registered with Police Station South Rohini.2. The Trial Court in the impugned judgment while acquitting the respondent-accused under SectionsIPC and Section 6 of POCSO Act has held as under:-"Page 1 of 11 CRL. L.P. 443/2019 7. As far as date of birth of victim is concerned, the prosecution has failed...


Oct 10 2019

Inox Air Products Private Limited vs.rathi Ispat Limited

Court: Delhi

Decided on: Oct-10-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:24th May, 2019 Date of decision:10. h October, 2019 + O.M.P. 708/2012 & CCP(O) 10/2017, I.A. 2317/2018, I.A. + 8691/2018 RATHI ISPAT LTD ........ Petitioner Through Mr. Shiv Khurana, Advocate (M. No.9810006115) versus INOX AIR PRODUCT LTD ..... Respondent Through Mr. Atul. S. Mathur, Ms. Priya Singh & Mr. Prabal Mehrotra, Advocates (M. No.9811022261) INOX AIR PRODUCTS PRIVATE LIMITED O.M.P.(I) (COMM.) 161/2017 & I.A. 2320/2018 AND ........ Petitioner Through Mr. Atul. S. Mathur, Ms. Priya Singh & Mr. Prabal Mehrotra, Advocates versus RATHI ISPAT LIMITED ..... Respondent Through Mr. Tanmaya Mehta, Mr. Siddhant Kr. Singh, Mr. Anurag Sahay & Mr. Raghav Wadhur, Advocates (M. No.9999255931) CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.1. The above proceedings arise out of an award dated 14th March, 2012 passed by the Ld. Sole Arbitrator which has been challenged before this Court in OMP7082012. The second petition, O...


Oct 10 2019

Mustkeem Kuraisi & Ors. Vs.mohd Anish & Ors (United India Ins Co Ltd)

Court: Delhi

Decided on: Oct-10-2019

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 663/2019 & CM APPL. 30980/2019 Decided on:10. 10.2019 MUSTKEEM KURAISI & ORS ..... Appellants Through: Mr. S.N. Parashar, Advocate. versus MOHD ANISH & ORS (UNITED INDIA INS CO LTD ) ........ RESPONDENTS Through: CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal seeks enhancement of the award of compensation dated 24.01.2019 passed by the learned MACT in MACT No.4on the ground that compensation towards loss of future prospects which is payable in terms of the dicta of the Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi & Ors., (2017) 16 SCC680 has not been awarded. The deceased was 26 years of age at the time of the motor- vehicular accident and was self-employed as a domestic assistant. Therefore, the compensation towards loss of future prospects @ 40% would be payable to her in terms of Pranay Sethi (supra). It is so granted. Additionally, in terms of the dicta of the Supreme Court i...


Oct 10 2019

Sanraj Farms Private Limited vs.charan Singh & Another

Court: Delhi

Decided on: Oct-10-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h October, 2019 CS(OS) 165/2018 SANRAJ FARMS PRIVATE LIMITED ..... Plaintiff Through: Mr. Rajesh Yadav with Ms. Ruchira, Advs. CHARAN SINGH & ANOTHER Versus ..... Defendants Through: Mr. Shadan Farasat & Ms. Hafsa Khan, Advs. for GNCTD. Ms. Suman Chaudhary, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit, for (i) declaration that the land comprised in Khasra Nos.942 (4-16), 943(4-16), 944(4-16), 946 min (4-9), 947 (4-16) and 945 min. (4-9), totally measuring 28 Bighas 2 Biswas, situated in the Revenue Estate of village Rajokri, Tehsil Vasant Vihar, New Delhi has already been partitioned in accordance with the settlement recorded in the Settlement Agreement dated 19th August, 2008 and in the alternative for partition of the said land declaring the plaintiff to be the owner of 3/4th undivided share therein and the two defendants viz. Charan Singh & Bhagwan Singh to be the owner o...


Oct 10 2019

Ex. Inspector Lala Ram (Executive) vs.union of India & Ors

Court: Delhi

Decided on: Oct-10-2019

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment :10. h October, 2019 % + W.P.(C) 10766/2019 EX. INSPECTOR LALA RAM (EXECUTIVE) UNION OF INDIA & ORS ........ Petitioner Through Mr. Rajeshwar Singh, Advocate. versus ........ RESPONDENTS CORAM: Through Mr. Shankar Kumar Jha, Sr. Panel Counsel for R-1/UOI. Mrs. Avnish Ahlawat, Standing Counsel for GNCTD (Services) with Ms.Palak Rohmetra & Ms. Laveena Arora, Advocates for R-2 & R-3. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI G.S. SISTANI, J.(ORAL) 1. The present writ petition has been filed by the petitioner being aggrieved by decision dated 25.07.2019 rendered by the learned Central Administrative Tribunal (Tribunal).2. Notice. Counsels for the respondents, who enter appearance on advance copy, accept notice.3. With the consent of counsels for the parties, we dispose of the writ petition at the admission stage itself.4. Some necessary facts required to be noticed for disposal of this writ peti...


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