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Delhi Court October 2019 Judgments

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Oct 30 2019

Divya Kumra vs.govt of Nct of Delhi and Ors

Court: Delhi

Decided on: Oct-30-2019

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h October, 2019 + W.P.(C) 509/2017 DIVYA KUMRA Through: Ms. Harini Raghupathy ........ Petitioner and Mr.Aman Khan, Advs. versus GOVT OF NCT OF DELHI AND ORS ...... RESPONDENTS Through: Mr. D. Sushill Dutt, SO, DFW of GNCTD Mr. Vivek Goyal, CGSC with Mr. Ram Krishan Kumar, Adv. for respondent nos. 5 and 6 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR ORDER3010.2019 % D.N. PATEL, CHIEF JUSTICE (ORAL) 1. This so-called Public Interest Litigation (PIL) has been preferred with the following prayers:-"Wherefore in the light of issues raised, arguments presented and authorities cited, it is humbly prayed that this Hon'ble Court may be pleased to decree a writ of mandamus or any other writ, order or direction declaring that: (a) For a writ of mandamus or any other writ, order or direction in the nature of mandamus holding the respondents accountable for all violations of legislative and constitutional W....


Oct 30 2019

c.r. Jaya Sukin vs.union of India & Ors

Court: Delhi

Decided on: Oct-30-2019

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. h October, 2019 + W.P.(C) 11447/2019 C.R. JAYA SUKIN Through: None ........ Petitioner versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Sushil Kumar Pandey, Sr. Panel Counsel with Ms. Vinny Shangloo, GP & Mr.Rishabh Relan, Adv. for R-1 Mr. Sanjoy Ghose, ASG for GNCTD/ R-2 & R-3 Mr. D.P. Mohanty & Ms. Sonal Gupta, Advs. for R-4 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT D.N. PATEL, Chief Justice (Oral) CM APPL. 47054/2019 (Exemption) Allowed, subject to all just exceptions. Application stands disposed of. W.P.(C) 11447/2019 1. When the matter is called out nobody appears for the petitioner.2. We have heard the learned counsel appearing for respondent Nos.1 to 4. They have submitted that this matter pertains to grant of wages to the casual labourers in 3 and 5 star hotels as prayed for in the memo of writ petition. W.P.(C) 11447/2019 Page 1 of 3 3. It is further submitted by...


Oct 30 2019

Sh. Nandan Singh and Ors. Vs.north Delhi Municipal Corporation and Ors ...

Court: Delhi

Decided on: Oct-30-2019

$~3 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment :30. h October, 2019 + W.P.(C) 9795/2019 SH. NANDAN SINGH AND ORS. ........ Petitioners Through Mr. Baldev Singh and Ms. Ritu Sharma, Advocates versus NORTH DELHI MUNICIPAL CORPORATION AND ORS. Through Mr. Aman S. Bakhshi and Ms. Biji ........ RESPONDENTS CORAM: Rajesh, Advocates HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI G.S. SISTANI, J.(ORAL) CM.APPL404322019(Exemption) 1. Exemption allowed, subject to all just exceptions.2. The application stands disposed of. W.P.(C) 9795/2019 3. With the consent of the parties, the present writ petition is set down for final hearing and disposal.4. Present petition is directed against an order dated 11.03.2019 passed by the Central Administrative Tribunal (the Tribunal), by which OA No.2924/2018 filed by the petitioners herein was rejected. W.P.(C) 9795/2019 Page 1 of 11 5. Brief facts, which are required to be noticed for the disposal of this petition, ...


Oct 30 2019

Hansraj vs.vinod Choudhary

Court: Delhi

Decided on: Oct-30-2019

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + RC.REV. 609/2019 HANSRAJ VINOD CHOUDHARY Judgment delivered on:30. 10.2019 versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr. Ashish Negi with Ms. Aarzu Khattar, Advocates. For the Respondent: Mr. Sudhir Naagar and Mr. Mohit Singh, Advocates. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) CM APPL.47106/2019 (exemption) Exemption is allowed subject to all just exceptions. RC.REV. 609/2019 & CM APPL.47105/2019 (stay) 1.... Petitioner impugns judgment dated 06.06.2019, whereby 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 a shop in property bearing No.351/2, Punjabi Bazar, Subhash Market, Kotla Muba...


Oct 30 2019

Manjit Singh & Anr. Vs.virendra Singh

Court: Delhi

Decided on: Oct-30-2019

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :30. h October, 2019 + CM (M) 1557/2019 & CM APPL. 47110-11/2019 MANJIT SINGH & ANR. ........ Petitioners Through: Mr. Satyendra Kumar, Smt. Sunita Bhardwaj and Mr. Nitesh Saini, Advocates. (M:9810097131) versus VIRENDRA SINGH CORAM: JUSTICE PRATHIBA M. SINGH Through: None. ..... Respondent Prathiba M. Singh, J.(Oral) 1. The present petition has been filed challenging the impugned order dated 3rd July, 2019 by which the Ld. ADJ dismissed the appeal against the order of the trial Court dated 27th April 2017, directing eviction of the... Petitioners on the ground of non-payment of arrears of rent. The operative portion of the order reads as under: 39. In view of the discussion hereinabove, I do not find any justification to interfere with the order of the Ld. Trial Court. I hold that there is no error apparent on the face of record and there is no infirmity, illegality and impropriety in the impugned judgment and order. Acco...


Oct 30 2019

National Insurance Co. Ltd. Vs.ram Bai & Ors

Court: Delhi

Decided on: Oct-30-2019

versus RAM BAI & ORS CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) 1. Through: ........ RESPONDENTS $~2 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. 10.2019 + MAC.APP. 1064/2013 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate. This appeal impugns the award of compensation dated 21.09.2013 passed by the learned MACT in Suit No.11/2012 on the ground that the insurance company is not liable to pay compensation as the offending vehicle was insured only for the site risk and not for transit risk and it did not cover the risk apropos third party.2. The impugned order has dealt with the issue as under: ii) It is stated by respondent no.2/owner of offending vehicle that since they have insured the offending vehicle with respondent no.3/ National Insurance Company Ltd., respondent no.3 is liable for the payment of compensation. It is stated by respondent no.3/National Insurance Co. that they are not liable for the payment as offendin...


Oct 30 2019

Bhojraj @ Sumit vs.the State (Govt. Of Nct of Delhi) & Anr.

Court: Delhi

Decided on: Oct-30-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2045/2019 BHOJRAJ @ SUMIT Date of decision: October 30, 2019 ........ Petitioner Through Mr. Ajay Solanki and Mr. Nandeep, Advocates THE STATE (GOVT. OF NCT OF DELHI) & ANR versus ........ RESPONDENTS Through Mr. Avi Singh, ASC with Mr. Tanuj Bhadana, Advocate for State/R-1 with SI Vikas Pilamia, P.S.: Dwarka South Respondent no.2 in person CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT BRIJESH SETHI, J (oral) 1. Quashing of FIR No.360/2017, under SectionsIPC, registered at police station Dwarka South, Delhi is sought on the ground that the dispute between the parties stands amicably settled. Respondent no.2 is present in the court today and submits that he has settled the dispute with the petitioner without any undue influence, coercion or pressure from any source whatsoever.2. Notice.3. Mr. Avi Singh, learned ASC for the respondent/State accepts notice and submits that petitioner as well as respondent No.2/ W.P.(Crl.) 2045/2019...


Oct 30 2019

M/S Faqir Chand Dalip Kumar & Ors vs.hdfc Bank Limited

Court: Delhi

Decided on: Oct-30-2019

$~42 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. 10.2019 + W.P.(C) 11461/2019 M/S FAQIR CHAND DALIP KUMAR & ORS Through Ms. Pratiti Rungta, Adv. versus HDFC BANK LIMITED ........ Petitioner ..... Respondent Through Mr. Kunal Tandon with Ms. Niti Jain and Mr. Girdhar Singh, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) CM No.47073/2019 1. Allowed, subject to just exceptions. W.P.(C) 11461/2019 2. This is a writ petition which, in effect, seeks directions to stay handing over of physical possession of the immovable property described as House No.32, First Floor, Ashok Vihar, Block B-4, Phase-II, Delhi- 110052 (hereafter referred to as Ashok Vihar Property). 2.1 The prayer made is that time be accorded to the petitioners to vacate the Ashok Vihar property.3. Ms. Pratiti Rungta, who appears for the petitioners, says that apart from the Ashok Vihar Property, keys of three built up properties pursuant to orders of the Debt Recovery Appellate Tr...


Oct 30 2019

Karni Communications Private Limited vs.haicheng Vivo Mobile (India) P ...

Court: Delhi

Decided on: Oct-30-2019

$~A-4 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. 10.2019 ARB.P. 569/2019 & I.A. 15035/2019 KARNI COMMUNICATIONS PRIVATE LIMITED........ Petitioner Through: Ms. Mumtaz Bhalla, Ms. Sahiba Ahluwalia & Mr. Himanshu Vij, Advocates HAICHENG VIVO MOBILE (INDIA) PRIVATE LIMITED versus Through: Mr. Amish Aggarwala & Mr. P.K. Bhardwaj, ..... Respondent Advocates CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) Learned counsel for the respondent submits that he does not wish to 1. press the argument made by him on the last date of hearing that he was prevented from filing the reply by the Dealing Assistant at the filing counter. In view of the statement made by the counsel for the respondent, this Court does not find the necessity of entering into this controversy.2. The sealed cover, in terms of order dated 01.10.2019 has been sent to the Court. The sealed cover is taken on record and will form a part of the record. However, the same is not being opened, in vi...


Oct 30 2019

Vka Electricals Pvt. Ltd. Vs.the Commissioner Trade and Taxes, and Ors

Court: Delhi

Decided on: Oct-30-2019

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h October, 2019 + W.P.(C) 8514/2019 VKA ELECTRICALS PVT. LTD. ........ Petitioner Through Mr. Arif Ahmed Khan, Adv. versus THE COMMISSIONER TRADE AND TAXES, AND ORS. ........ RESPONDENTS Through Mr. Dhananjaya Mishra, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR ORDER3010.2019 % D.N. PATEL, CHIEF JUSTICE (ORAL) 1. This writ petition has been preferred for getting the refund of a sum of 29,45,678/- under the Delhi Value Added Tax (hereinafter referred to as DVAT) for different quarters pertaining to the financial year 2006-07, 2007-08, 2010-11 and 2014-15. Claim of the petitioner is to get refund of the aforesaid amount along with interest @ 6% as per Section 42 of the DVAT. It is also submitted by the counsel for petitioner that assessment has already been done and after deducting the outstanding demands of the respondents if any, rest of the amount maybe refunded.2. Having heard counsel fo...


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