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Delhi Court November 2019 Judgments

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Nov 30 2019

Madhucn Projects Ltd. Vs.national Highways Authority of India & Anr.

Court: Delhi

Decided on: Nov-30-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2019 % + O.M.P.(I) (COMM.) 428/2019 MADHUCN PROJECTS LTD. ........ Petitioner Through: Mr. Dayan Krishnan, Sr. Adv. with Mr. Chaturvedi, Mr.Suryadeeep Singh, Mr. Sumit Kumar Shukla and Ms. Radha R. Tarkar, Advs. Amitabh versus NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR. ........ RESPONDENTS Through: Ms. Padma Priya and Mr. Dhruv Nayar, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) 1. The present petition has been filed by the petitioner with the following prayers: In view of the aforegoing facts and circumstances, it is most respectfully prayed that this Honble Court may graciously be pleased to: a. restrain the respondent No.1 during the pendency and until conclusion of the Arbitral proceedings, by way of a temporary order and injunction, from encashing / invoking or taking any precipitative steps or receiving any monies under the Performance Bank Guarantee of OMP(I) (COMM)...


Nov 29 2019

Muktaben M. Mashru vs.state of Nct of Delhi & Anr

Court: Delhi

Decided on: Nov-29-2019

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:1. t October, 2019 Date of Decision:29. h November, 2019 CRL.M.C. 4206/2018 & Crl.M.A.30311/2018 MUKTABEN M. MASHRU ........ Petitioner Through: Ms. Nidhi Mohan P., Mr.Soajib Qureshi and Mr.S. Shriram, Advocates versus STATE OF NCT OF DELHI & ANR ........ RESPONDENTS Through: Mr. Mukesh Kumar, APP for the State with SI Rajeshwar, PS:Palam Village, Delhi. Mr. Ajay Burman, Senior Advocate with Ms. Nishi Chaudhary and Ms. Sadhvi Gaur, Advocates for respondent No.2. CORAM: HON'BLE MR. JUSTICE CHANDER SHEKHAR CHANDER SHEKHAR, J.1. The petitioner has assailed the order dated 2.8.2018 passed by learned Additional Sessions Judge, Dwarka Court, New Delhi. (hereinafter to be referred as impugned order) whereby the learned Additional Sessions Judge has set aside the order dated 17.3.2018 passed by the learned Metropolitan Magistrate. Crl.M.C.4206/2018 Page 1 of 24 2. The learned Metropolitan Magistrate, Dwarka Courts, vide order dated 1...


Nov 29 2019

Kundan Lal vs.sanjay Kumar

Court: Delhi

Decided on: Nov-29-2019

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + RC.REV. 474/2015 Judgment delivered on:29. 11.2019 KUNDAN LAL versus SANJAY KUMAR ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr. Ashish Sehrawat with Mr. Kapil Yadav, Mr. Ravi Kumar and Mr. Prashant Sharma, Advs. For the Respondent: Mr. Naveen K. Sharma, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.(ORAL) JUDGMENT RC.REV. 474/2015 & CM APPL.18663/2015 (stay) 1.... Petitioner impugns order dated 23.04.2015, whereby the leave to defend application of the petitioner was dismissed and an eviction 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 shop situated at the ground floor in property No.B-10(old No.B-457/1), Madhu Kunj, Shivaji Road, North Ghonda, Shahdara, Delhi, more RC.REV.474/2015 Page 1 of...


Nov 29 2019

Indian Oil Corporation Limited Through Its Authorised Signatory, Debas ...

Court: Delhi

Decided on: Nov-29-2019

$~A-30 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. 11.2019 + O.M.P.(MISC.)(COMM.) 486/2019 INDIAN OIL CORPORATION LIMITED THROUGH ITS AUTHORISED SIGNATORY, DEBASISH NANDA........ Petitioner Through: Ms. Ritu Bhalla & Ms. Riya Basu, versus Advocates NAYARA ENERGY LIMITED (FORMERLY KNOWN AS ESSAR OIL LIMITED) THROUGH ITS AUTHORISED SIGNATORY, PANKAJ TRIPATHI ..... Respondent Through: Ms. Anuradha Mukherjee, Ms. Jyoti Dastidar & Ms. Shuchita Chaudhary, Advocates CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) I.A. 16784/2019 Exemption allowed, subject to all just exceptions. Application stands disposed of. O.M.P.(MISC.)(COMM.) 486/2019 1. Present petition has been jointly filed by the parties under Section 29A(4) & (5) of the Arbitration and Conciliation Act, 1996 (Act) seeking extension of time for completion of the arbitral proceedings and passing of the Award. O.M.P.(MISC.)(COMM.) 486/2019 Page 1 of 2 2. It is averred in the petition that the Arbitral ...


Nov 29 2019

Xxx vs.state & Anr.

Court: Delhi

Decided on: Nov-29-2019

$~63 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. 11.2019 + CRL.M.C. 6127/2019 & CRL. M.As.41496-97/2019 XXX STATE & ANR. Through Mr. Suhail Malik, Mr. Vikas Malik, ........ Petitioner Mr. Imraj Rautela & Mr. Ankit Prakash, Advs versus ........ RESPONDENTS Through Mr. Panna Lal Sharma, APP for State Mr. Sameer Sharma, Addl. DCP/West Insp.Vijender Singh, SHO Hari Nagar SI Shrikrishna, PS Hari Nagar Mr. Krishan Kumar, Mr. S P Nangia & Mr. RCS Bhedoria, Advs. for complainant CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL.M.A. 41498/2019 1.2. Allowed, subject to all just exceptions. Application stands disposed of. CRL.M.C. 6127/2019 3. By way of the present petition, the petitioner seeks the following prayers:-"(i) To set aside the order dated 22.10.2019 passed by the learned CRL.M.C.6127/2019 Page 1 of 10 Additional Sessions Judge (Pilot Court), West, Tis Hazari Courts, Delhi in Bail Appln. No.3612 to the extent it directs registration of F.I.R against ...


Nov 29 2019

Suresh Yadav & Anr vs.the State

Court: Delhi

Decided on: Nov-29-2019

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. 11.2019 + CRL.M.C. 5810/2019 & CRL.M.A. 40372/2019 SURESH YADAV & ANR ........ Petitioners THE STATE Through Mr. Ravin Rao, Adv. versus ..... Respondent Through Mr. Hirein Sharma, APP for State Insp. Ravinder singh, PS Paschim Vihar CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) 1. By way of the present petition, petitioner seeking setting aside of order dated 24.10.2019 whereby the learned Trial Court dismissed the application u/s 311 Cr.P.C. seeking recalling of witnesses PW-6 namely ASI Jagdish for his cross-examination.2. The petitioners are facing trial in case FIR No.522/2004 registered at P.S. Paschim Vihar for the offences punishable under Sections 420/467/468/471/120-B IPC. CRL.M.C.5810/2019 Page 1 of 4 3. Learned counsel for the petitioners submits that PW-6, ASI Jagdish, is a vital witness, being the alleged decoy customer, who was examined-in-chief before the Ld. Trial Court but could not be c...


Nov 29 2019

Krishan Kumar vs.shanti Devi & Anr

Court: Delhi

Decided on: Nov-29-2019

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2019 + CM(M) 1694/2019 & CM APPL. 51335/2019 KRISHAN KUMAR ........ Petitioner Through: Mr. Anil K. Aggarwal, Prof. Madan Mohan & Ms. Nayantara Sharma, Advocates (M-8373971576) versus SHANTI DEVI & ANR Through: None. ........ RESPONDENTS CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(oral) 1. The present petition is filed challenging the impugned orders dated 15th January, 2019 and 12th March, 2019. The grievance of the... Petitioner/Defendant is that the Plaintiffs/Respondents have been permitted to file the replication vide order dated 15th January, 2019 and the admission/denial has also been closed on the said date. However, without waiting for the replication to be filed, the Trial Court has gone ahead and settled the issues and also directed affidavits-in-evidence to be filed. Thereafter, on 12th March, 2019, the replication along with certain additional documents has been taken on record and e...


Nov 29 2019

Ritnand Balved Education Foundation vs.om Sai Mandir Nyas Trust (Regd) ...

Court: Delhi

Decided on: Nov-29-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2019. CS(OS) 1582/2013, IA No.14425/2015 (u/O XXXIX R-2A CPC), IA No.15458/2017 (u/O XVA r/w S-151 CPC), IA No.15459/2017 (u/O XII R-6 CPC) & OA No.146/2019 (of D-1 against order dated 22nd July, 2019) RITNAND BALVED EDUCATION FOUNDATION ..... Plaintiff Through: Mr. Rajesh Yadav, Ms. Ruchira V. Arora, Mr. Rajan Chawla, Mr. Tanmaya Mehta & Mr. Shyam Singh, Advs. Versus OM SAI MANDIR NYAS TRUST (REGD) & ANR.. Defendants Through: Mr. Anurag Ahluwalia & Mr. Akash Nagar, Advs. for D-1. Ms. Saahila Lamba, Adv. for D-3. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit for recovery of possession of 166.98 sq. mtrs. forming part of the property at site No.2, Mayur Vihar Phase-I, Delhi allotted by the Delhi Development Authority (DDA) to the plaintiff, and for recovery of mesne profits and injunction.2. The suit was entertained and vide ad-interim order dated 16th September, 2013, ...


Nov 29 2019

Kamala Chamoli & Anr vs.m/s Pre Press Machinery & Services Pvt Ltd

Court: Delhi

Decided on: Nov-29-2019

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2019 + CM (M) 25/2018 KAMALA CHAMOLI & ANR ........ Petitioners Through: Mr. Syed Hasan and Mr. Parvez Zaidi, Advocates. (M:99900. 7910) versus M/S PRE PRESS MACHINERY & SERVICES PVT LTD CORAM: JUSTICE PRATHIBA M. SINGH Through: None. ..... Respondent Prathiba M. Singh, J(oral) 1. Pursuant to the order dated 12th July, 2019, ld. counsel for the... Petitioners has placed on record a detailed affidavit of facts. In the said affidavit, along with all the facts, the RTI Reply dated 5th February, 2019, issued by the Ministry of Corporate Affairs, Office of the Registrar of Companies, has been attached, which shows that the name of the Respondent/Plaintiff (hereinafter, Plaintiff) company was struck off under Section 560 (5) of the Companies Act, 1956, under the Easy Exit Scheme, 2011 on 18th March, 2011.2. Ld. counsel for the... Petitioners submits that the suit for recovery under Order XXXVII CPC was filed by th...


Nov 29 2019

Vinay Varma vs.kanika Pasricha & Anr.

Court: Delhi

Decided on: Nov-29-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:29. h August, 2019 Date of decision:29. h November, 2019 + CM (M) 1582/2018 & CM APPL. 53645/2018 ........ Petitioner VINAY VARMA Through: Mr. Arun Kumar Varma, Sr. Advocate with Mr. Deepak Bashta & Ms. Vandini, Advocates (M- 9999149022) versus KANIKA PASRICHA & ANR. ........ RESPONDENTS Through: Mr. Harsh Jaidka, Advocate for R-1 (M-9811145052) CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.1. The classic Saas-Bahu imbroglio, has now transformed into disputes between parents/in-laws and their children. These disputes have raised complex legal issues as to the interpretation of and balance between two legislations i.e. The Protection of Women from Domestic Violence Act, 2005 (hereinafter DV Act) and The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter PSC Act).2. Since the time that the DV Act has been enacted, the concepts of `shared household and `matrimonial home have been considere...


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