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Delhi Court November 2019 Judgments

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Nov 29 2019

Court on Its Own Motion vs.delhi Development Authority

Court: Delhi

Decided on: Nov-29-2019

$~12 *IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 29th November, 2019 + W.P.(C) 8799/2018 COURT ON ITS OWN MOTION Through ........ Petitioner Versus DELHI DEVELOPMENT AUTHORITY Through: Mr. Arjun Pant, Adv. ..... Respondent CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR ORDER2911.2019 % D.N. PATEL, CHIEF JUSTICE (ORAL) 1. This writ petition has been initiated by this Court on its own motion mainly for the reason that a letter was received by the Registrar General of this Court dated 14th November, 2017, wherein author of the letter has mentioned about the illegal construction at Village Poonthkalan, Delhi-110086.2. Counsel appearing for the respondent submits that they will verify the facts mentioned in the letter and that, if there is any unauthorised construction, the same will be removed by the respondent, in accordance with law.3. In view of the above submission, we hereby direct the respondent to arrive at the conclusion, initially, whether the construc...


Nov 29 2019

Ankur Kohli & Anr. Vs.state & Anr

Court: Delhi

Decided on: Nov-29-2019

$~55 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. 11.2019 CRL.M.C. 6094/2019 ANKUR KOHLI & ANR. ........ Petitioners Through Mr. Yogesh Maini, Adv. versus STATE & ANR Through Mr. K K Ghai, APP for State ........ RESPONDENTS SI Ombir, PS Ranhola Mr. Ashutosh Bansal, Adv for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) Crl. M.A. 41427/2019 1.2. Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C.6094/2019 3. Vide the present petition, the petitioners seek quashing of FIR No.143/2011 dated 20.07.2011 registered at Police Station Ranhola and consequent proceedings arising therefrom. CRL.M.C.6094/2019 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 petitioner no.1 and respondent no.2 got married on 17.11.2010 as per essential Hindu...


Nov 29 2019

Wings Wear Workers Lal Jhanda Union vs.wings Wear Pvt. Ltd.

Court: Delhi

Decided on: Nov-29-2019

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :03. 09.2019 Pronounced on:29. 11.2019 CO.PET. 202/1996 WINGS WEAR WORKERS LAL JHANDA UNION........ Petitioner Through: Mr. H.K. Chaturvedi, Ms. Anjali WINGS WEAR PVT. LTD. versus Chaturvedi, Mr. Sagar Chaturvedi, Mr. Shravan Chandrashekhar, Advocates Mr. Kunal Sharma, Advocate for Official Liquidator ..... Respondent Through: Mr. Mohit Chaudhary, Mr. Anul Mishra, Mr. Balwinder Singh Suri Advocate for Auction Purchaser. Ms. Ranjana Roy Gawai, Ms. Krishna Kishan, Ms. Prachi Golichha, Advocate for applicant Mr. Suresh K. Dei, Advocate for Ex Director Shri Neeraj Monga. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.CO. APPL. NOS. 337/2019, 475/2019 and 674/2019 1. The property concerned in the present applications is plot No.1818, Block B-II, Mohan Co-operative, Badarpur, New Delhi. On 1st November, 2018, this Court had reduced the reserve price to Rs. 5 Crores as the parties were ad-idem that the property was not being ...


Nov 29 2019

M/S Hudson Overseas vs.commissioner of Customs (Exports) Icd, Tkd, New ...

Court: Delhi

Decided on: Nov-29-2019

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:29. h November, 2019 + W.P.(C) 12573/2019 M/S HUDSON OVERSEAS ........ Petitioner Through: Mr. Priyadarshi Manish, Ms. Jasmeet Kaur & Ms. Shweta Dhaka, Advs. versus COMMISSIONER OF CUSTOMS (EXPORTS) ICD, TKD, NEW ........ RESPONDENTS DELHI AND ORS. Through: Mr. Amit Bansal, SSC with Mr.Aman Rewaria, Adv. for R-1 & R-2 Mr. Aditya Singla, SSC for R-3 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR D.N. PATEL, Chief Justice (Oral) JUDGMENT This writ petition has been preferred with the following prayers:1. (a) Issue a writ order or direction in the nature of certiorari to set-aside the seizure memorandum bearing F.No.DRI/IZU/INT-75/2019/3718 to 3721 dated 31.08.2019 with reference to shipping bill No.4651654 dated 04.06.2019; and/or (b) Issue a writ order or direction in the nature of mandamus to the... RESPONDENTS to issue the release of the goods detained against Shipping Bill No.4651654 dated 04.06.2019...


Nov 29 2019

Prakash Chand vs.delhi Urban Shelter Improvement Board Through Its Chi ...

Court: Delhi

Decided on: Nov-29-2019

$~13 *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2019 + W.P.(C) 10036/2018 PRAKASH CHAND ........ Petitioner Through: Ms. Suman Chauhan, Adv. versus DELHI URBAN SHELTER IMPROVEMENT BOARD THROUGH ITS CHIEF EXECUTIVE OFFICER Respondent Through: Mr. Parvindu Chauhan, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR ORDER2911.2019 % D.N. PATEL, CHIEF JUSTICE (ORAL) W.P.(C) 10036/2018 1. This so-called Public Interest Litigation (PIL) has been preferred with the following prayers: (i) Directing Respondent to construct Library in H-Block. (ii) Directing Respondent to provide Status Report as to construction of Library in H-Block. (iii) Any other relief which court may deem fit in the interest of justice, equity and good conscience. 2. Counsel appearing for the petitioner submits that suffice it will be for the disposal of this writ petition if direction is given to the respondent W.P.(C) 10036/2018 Page 1 of 2 to treat this writ petition ...


Nov 29 2019

Director Directorate of Education & Anr vs.mohd. Shamim & Ors

Court: Delhi

Decided on: Nov-29-2019

% + *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2019. RC.REV. 279/2014 & CMs No.16348/2012 (for stay), 10006/2014 (u/S151CPC), 15202/2017 (for directions) & 29048/2017 (u/S151CPC) DIRECTOR DIRECTORATE OF EDUCATION & ANR ........ Petitioners Through: Mr. Santosh Kumar Tripathi, Mr. Shashank Tiwari and Mr. Arpit, Advs. with Mr. Pradeep Kaushik, DoE, L.A. Zone-27, Jhandewalan, New Delhi. Versus MOHD. SHAMIM & ORS ........ RESPONDENTS Through: Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Sanjay Dua and Mr. Akshay Deep Singhal, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW HON'BLE MR. JUSTICE CHANDER SHEKHAR RAJIV SAHAI ENDLAW, J.1. This Division Bench has been constituted under Rule 8 of Part B of Chapter 3 of Volume V of Delhi High Court Rules & Orders for answering the questions formulated in the order dated 16th August, 2017 of one of us (Rajiv Sahai Endlaw, J.) sitting singly and the relevant paragraphs of which order are as under: 3. This Rent Control R...


Nov 29 2019

Gogoal Hydro Private Limited vs.bharat Heavy Electricals Limited

Court: Delhi

Decided on: Nov-29-2019

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:06. 09.2019 Pronounced on:29. 11.2019 ARB.P. 6/2019 GOGOAL HYDRO PRIVATE LIMITED ........ Petitioner Through: Mr. A.K. Bajpai & Mr. Divakar Kumar, Advocates versus BHARAT HEAVY ELECTRICALS LIMITED ..... Respondent Through: Mr. Rajat Kumar & Vedant Kumar, Advocates CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.1. This is a petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 (Act) for appointment of an Arbitrator to adjudicate the disputes between the parties.2.... Petitioner is engaged in Design & Engineering, Manufacturing, Installation, Testing and Erection & Commissioning of Electro Mechanics of New Hydro Electric Power Project on turnkey basis as also Renovation, Modernization and Upgradation of existing Hydro Electric Power Project upto 250MW.3. On 29.03.2011, the respondent issued a work order No.NDA/DHR-1/2/VALVE/11_027/14009 for repair and maintenance of Rotary Valves of Unit 1 & 2, B...


Nov 29 2019

Kishan Gupta & Ors vs.chander Prabha

Court: Delhi

Decided on: Nov-29-2019

$~38 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2019 CM(M) 1696/2019 & CM APPLS. 51369/2019, 51370/2019, 51371/2019 KISHAN GUPTA & ORS ........ Petitioners Through: Ms. Nandani Sahwney & Mr. Gaurav Mahajan, Advocates (M-9811688721) versus CHANDER PRABHA Through: None. ..... Respondent CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(oral) 1. The present petition has been filed challenging the impugned order dated 26th November, 2019 by which the ld. Appellate Court hearing an appeal against the decree of eviction dated 21st October, 2019, has refused to grant stay of the operation of the eviction. The submission of Ms. Nandni Sahwney, ld. counsel appearing for the... Petitioners/tenants (hereinafter tenants) is that the tenants have been in lawful possession since 1957 and have a strong case on merits. It is her submission that the Trial Court has erred in the manner in which the evidence has been appreciated. She submits that the rent was being ...


Nov 29 2019

Farukh vs.sadhna Tyagi

Court: Delhi

Decided on: Nov-29-2019

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:29. 11.2019 RC.REV. 396/2019 & CM APPL. 29641/2019, 29643/2019 FARUKH versus SADHNA TYAGI ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Ms.Nazma Akhtar and Ms.Meenakshi Sharma, Advocates. For the Respondent: Mr.Sandeep Garg, Ms.Priya Saxena and Mr.Harshit Goyal, Advocates. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.(ORAL) JUDGMENT1... Petitioner impugns order dated 07.01.2019, 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 X/4104 (also known as X/4104-A), Gali No.15, Shanti Mohalla, Gandhi Nagar, Delhi-110031, more particularly as shown in red colour in the site plan annexed with the eviction petition...


Nov 29 2019

Chanderwati vs.ram Pratap & Anr

Court: Delhi

Decided on: Nov-29-2019

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:29. 11.2019 RC.REV. 228/2016 CHANDERWATI versus RAM PRATAP & ANR ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner: Mr. Jaideep Malik, Advocate with petitioner in person. For the Respondent: Mr. L.S. Solanki, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) CM APPL.36807/2018 (for bringing on record LRs of R-1), CM APPL.36808/2018 (for condonation of delay in filing CM368072018) Learned Counsel for the... Petitioner submits that he has no objection to the applications being allowed and the legal heirs of deceased Respondent No.1 being brought on record. In view of the above and for the reasons stated in the applications, they are allowed. Delay in filing CM APPL368072018 is condoned. Applications are allowed and legal heirs are brought in RC.REV. 228/2016 Page 1 of 3 record. RC.REV. 228/2016 & CM APPL.15500/2016 (stay), CM AP...


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