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Delhi Court February 2019 Judgments

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Feb 28 2019

Mr. Jairam Ramesh vs.union of India and Ors

Court: Delhi

Decided on: Feb-28-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: February 27, 2019 Judgment delivered on: February 28, 2019 + W.P.(C) 2042/2019, CM No.9551/2019 MR. JAIRAM RAMESH ........ Petitioner Through: Mr. P. Chidambaram, Sr. Adv. with Mr. Muhammad Ali Khan, Mr. Abhishek Jebaraj, Mr. Vikramaditya Singh, Mr. Omar Hoda, Mr. Jaspal Singh, Ms. Namrah Nasir, Mr. Sparsh Prasad and Mr. Gaurav Gupta, Advs. versus UNION OF INDIA AND ORS ........ RESPONDENTS Through: Ms. Maninder Acharya, ASG with Mr. Amit Mahajan, CGSC, Ms. Mallika Hiramath, Mr. Sahil Sood, Mr. Harshul Choudhary & Mr. Viplav Acharya, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J CM No.9551/2019 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. W.P.(C) No.2042/2019 Page 1 of 6 W.P.(C) 2042/2019 1. This writ petition has been filed by the petitioner, a Member of Rajya Sabha, with the following prayers:-"In light of the afor...


Feb 28 2019

Ex Flight Cadet Mohit Bhandari vs.union of India & Ors

Court: Delhi

Decided on: Feb-28-2019

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:07. 02.2019 Judgment Pronounced on:28. 02.2019 W.P.(C) 4306/2017 EX FLIGHT CADET MOHIT BHANDARI ........ Petitioner Through: Mr.Murari Tiwari and Mr.Rahul and Mr.Sahej Uban, Kumar Advocates. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr.Kirtiman Singh, CGSC with Ms.Shruti Dutt and Mr.Waize Ali Noor, Advocates for UOI/Respondent no.1. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.1. The instant writ petition assails the order dated 20.12.2016 passed by the respondent by which the petitioner has been terminated from his cadetship on the ground of misconduct, arising on account of having stolen a debit card from the personal bag of another Flight Cadet and withdrawing Rs.5,000/- from his account through ATM located at the W.P.(C) No.4306/2017 Page 1 of 18 Cadet Mess. The petitioner has prayed, inter-alia, for quashing the speaking order dated 20.12.2016 as well as ...


Feb 28 2019

Siddhi Vinayak Collage vs.national Council for Teacher Education and A ...

Court: Delhi

Decided on: Feb-28-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 257/2018 Date of decision:28. h February, 2019 SIDDHI VINAYAK COLLAGE ........ Petitioner Through: Mr. Mayank Manish, Adv. versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR. ........ RESPONDENTS Through: Mr. Karn Deo Baghel, Adv. with Mr. Vardhman Kaushik and Mr. Dhruv Joshi, Advs. for Mr. Naresh Kaushik, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR % 1. JUDGMENT (ORAL) In terms of Section 14 of the National Council for Teachers Education Act, 1997 (hereinafter referred to as the NCTE Act), the petitioner applied, on 30th June, 2015, to the Western Regional Committee (WRC) of the NCTE for grant of recognition, to the Siddhi Vinayak College, Madhya Pradesh, for starting the B.Ed. course.2. The application was recommended by the Department of Higher Education, Bhopal, vide letter dated 9th October, 2015.3. In its 232nd Meeting, held on 16/17th September, 2015, the WRC rejected the petitioners application on the ground that the...


Feb 28 2019

The Associated Journals Ltd & Anr vs.land & Development Office

Court: Delhi

Decided on: Feb-28-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. h February, 2019 Pronounced on:28. h February, 2019 + LPA102019 & CM Nos. 566/2019 & 649/20 1. THE ASSOCIATED JOURNALS LTD & ANR ..... Appellants Through: Dr.Abhishek Manu Singhvi, Sr. Adv. and Mr.Vivek Tankha, Sr. Adv. with Mr. Devdatt Kamat, Mr. Sunil Fernandes, Mr. Rajesh Inamdar, Ms. Priyansha Indra Sharma, Mr. Arnav Vidyarthi, Ms. Madhavi Khanna, Mr. Nikhil Bhalla, Mr.Prashant, Mr. Ashwin G. Raj, Mr. Varun Chopra and Mr. Nishanth Patil, Advs. Versus LAND & DEVELOPMENT OFFICE ..... Respondent Through: Mr. Tushar Mehta, SG with Mr.Rajesh Gogna, CGSC CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT Rajendra Menon, Chief Justice Seeking exception to a judgment dated 21st December, 2018 passed in W.P.(C) No.12133/2018 by the learned writ Court, this appeal is filed by the petitioner/appellant herein under Clause 10 of the Letters Patent Act read with Section 10 of the Delhi High Courts Act, 1966.2...


Feb 28 2019

Om Prakash Aggarwal vs.raj Kumar Mittal

Court: Delhi

Decided on: Feb-28-2019

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. h February, 2019 CS(OS) 1284/2011 & I.As. 8529/2011, 15754/2011, 15755/2011, 11621/2018, 12884/2018 OM PRAKASH AGGARWAL ..... Plaintiff Through: Mr.Neeraj Yadav and Mr.Davesh Bhatia, Advocates versus RAJ KUMAR MITTAL ..... Defendant Through: Mr.Shiv Charan Garg, Mr.R.K. and Mr.Imran Khan, Kashyap Advocates CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The plaintiff has instituted this suit for specific performance of the agreement dated 16th March, 2010 in respect of property bearing No.E-166, Ashok Vihar Phase-I, Delhi-110052, hereinafter referred to as the suit property.2. On 16th March, 2010, the plaintiff entered into an agreement (Ex.P-1) with the defendant to purchase the suit property for a total consideration of Rs.8,60,00,000/-. The plaintiff paid earnest money of Rs.10,00,000/- to the defendant at the time of the agreement and agreed to pay the balance sale consideration on or before 30th September, 2010....


Feb 28 2019

Chander Prakash Verma vs.commissioner of Customs (Preventive)

Court: Delhi

Decided on: Feb-28-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Reserved on:6. h February, 2019 Pronounced on:28. h February, 2019 CUSAA202018 CHANDER PRAKASH VERMA ..... Appellant Through: Ms.Ria Chanda & Ms.Ekta Kapoor, Advocates versus COMMISSIONER OF CUSTOMS (PREVENTIVE) ..... Respondent Senior Through: Mr.Amit Standing with Ms.Seema Dolo, Advocate for respondent. Bansal, Counsel CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN MR.JUSTICE PRATEEK JALAN % 1. In this appeal under Section 130 of the Customs Act, 1962 [hereafter referred to as "the Act"]., the appellant challenges an order dated 16.05.2017, passed by the Customs, Excise and Service Tax Appellate Tribunal [hereafter referred to as "the Tribunal"]., whereby the Tribunal affirmed the penalty imposed upon him by the customs authorities in respect of smuggling of 18 kilograms of gold into India.2. At the time of admission of the present appeal, the following question of law was framed by this Court: CUSAA202018 Page...


Feb 28 2019

J vs.j C

Court: Delhi

Decided on: Feb-28-2019

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:30. 01.2019 Judgment pronounced on:28. 02.2019 J J C MAT.APP(F.C.) 327/2018 ..... Appellant Through: Mr. V.P. Singh Bidhuri, Advocate versus Through: Mr. Rajender Yadav, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.1. The present appeal has been filed challenging the judgment dated 05.10.2018 passed by the Family Court in HMA No.565/2018 whereby the petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 filed by the respondent/husband for dissolution of marriage has been allowed and the marriage has been dissolved by a decree of divorce.2. The relevant facts necessary for the present appeal are that the parties got married on 16.02.2009 as per Hindu rites and ceremonies at Delhi. After the marriage both the parties resided together at Delhi. Although the marriage was consummated but there is no issue from the said wedlock.3. Disputes and ...


Feb 28 2019

Noble Chartering Inc vs.steel Authority of India Ltd.

Court: Delhi

Decided on: Feb-28-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:04. 12.2018 Date of Decision :28.02.2019 + O.M.P. (COMM) 196/2018 & I.A. Nos.6150/2018, 9997-98/2018 NOBLE CHARTERING INC ........ Petitioner Through: Mr.V.K. Ramabhadran, Sr. Adv. with Mr.Jayesh Ashar, Mr.Bomi Patel, Mr.Dhaval Mehrotra and Mr.Sudhanshu Sikka, Advs. versus STEEL AUTHORITY OF INDIA LTD. ..... Respondent Through: Mr.Sandeep Sethi, Sr. Adv. with Mr.Santosh Kumar, Mr.Manav Gill and Ms.Bhabna Das, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 The present petition has been filed by the petitioner challenging the Arbitral Award dated 27.12.2017 passed by the Sole Arbitrator in Case No.2 adjudicating the disputes that had arisen between the parties in relation to the Contract of Affreightment dated 27.07.2010 executed between the parties.2. The Sole Arbitrator by way of the Impugned Award, while rejecting the claims filed by the petitioner, has allowed the Counter Claim of the respondent for a sum of USD862500.00 with inte...


Feb 28 2019

Mangal Singh Arya vs.state & Anr.

Court: Delhi

Decided on: Feb-28-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 28, 2019 CRL. A. 44/2013 MANGAL SINGH ARYA .....Appellant Through: Mr. Aditya V. Singh, Advocate Versus STATE & ANR. .....Respondents Through: Mr. Philomon Kani, Advocate for Ms. Rajdipa Behura, Special Public Prosecutor CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Impugned judgment of 20th December, 2012 holds appellant guilty + 1. of receiving bribe of 25,000/- while he was working as Assistant General Manager (Administration) East Zone, Delhi in MTNL, for release of security deposit of 7 lacs odd in favour of complainant- Company.2. Vide order of 22nd December, 2012, trial court has sentenced appellant to rigorous imprisonment for three years and fine of 25,000/- with default clause, for the offence under Section 7 of the Prevention of Corruption Act, 1988 and under Section 13(1)(d) r/w Section 13(2) of the Prevention of Corruption Act, 1988, he has been sentenced to rigorous imprisonment for three years and fin...


Feb 28 2019

Ramesh Kumar vs.state

Court: Delhi

Decided on: Feb-28-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved On:08. 02.2019 Judgment Pronounced On:28. 02.2019 CRL.A. 328/2003 MANOJ KUMAR Through: Mr. Akshai Malik, Advocate, Amicus ... Appellant versus STATE (G.N.C.T) OF DELHI Curiae ..... Respondent Through: Ms. Radhika Kolluru, APP for State SI Ranbir Singh, P.S. Nangloi. CRL.A. 543/2003 RAMESH KUMAR ... Appellant Through: Ms. Inderjeet Sidhu, Advocate (DHCLSC) STATE versus ..... Respondent Through: Ms. Radhika Kolluru, APP for State SI Ranbir Singh, P.S. Nangloi. CORAM: HONBLE MR JUSTICE SIDDHARTH MRIDUL HONBLE MS JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT SIDDHARTH MRIDUL, J.1. The present batch of criminal appeals, being Criminal Appeal Nos. 328/2003 and 543/2003 instituted under the provisions of section 374 of the CRL.A. 328/2003&543/2003 Page 1 of 18 Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C), assail the judgment dated 29.11.2002 and order on sentence dated 30.11.2002, rendered by the Ld. Additional Sessio...


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