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Delhi Court February 2019 Judgments

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Feb 11 2019 (HC)

Swati Kaushik vs.ashwani Sharma

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 11, 2019 CRL.M.C. 3052/2017 & CRL.M.A. 12652/2017 SWATI KAUSHIK .....Petitioner Through: Mr. Jatin Sehgal, Mr. Adhirath Singh and Ms. Raymon Singh, Advocates versus ASHWANI SHARMA Through: Mr. Laksh Khanna, .....Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Advocate with Respondent in person. ORDER (ORAL) In proceedings under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as PWDV Act), trial court vide order of 2nd March, 2017, has dismissed petitioners application for striking off respondents defence by observing that non-payment of maintenance/arrears of maintenance cannot be a ground to do so. Appellate Court vide impugned order of 14th July, 2017, has rightly observed that the defence can be struck down in proceedings under the aforesaid Act, as counsel for respondent CRL.M.C. 3052/2017 Page 1 of 5 had submitted that respondent is in arrears of 9,00,000/- approximately till the...

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Feb 11 2019 (HC)

Prakash Gupta vs.state of Nct of Delhi

Court: Delhi

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 02.2019 BAIL APPLN. 213/2019 PRAKASH GUPTA versus STATE OF NCT OF DELHI ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Jitendra Sethi and Mr. Hemant Gulati, Advs. For the Respondent: Mr. Hirein Sharma, Addl. PP for the State with SI Rohit Kumar CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks interim bail in FIR No.62/2017 under Section 409 IPC, Police Station Vasant Kunj on the medical ground of wife of the petitioner.2. It is contended that the wife of the petitioner is 34 weeks pregnant and certain complications have developed for which the doctor has opined that she requires a caesarean operation within two weeks. Status report has been filed and the same is taken on record.3. BAIL APPLN.213/2019 Page 1 of 2 Status report confirms that the wife of the petitioner is 34 weeks pregnant and is not able t...

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Feb 11 2019 (HC)

Iilm Academy of Higher Learning vs.s S Mann

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:11. h February, 2019 + FAO(OS) 12/2019 IILM ACADEMY OF HIGHER LEARNING ..... Appellant Through: Mr. Puneet Mittal, Sr. Adv. with Mr. Sandeep Mittal, Ms. Vasudha Bajaj and Mr. Vinod Kathwalia, Advs. S S MANN versus Through: Mr. Sandeep Sharma, Mr. Aman ..... Respondent Dhyani and Ms. Kanchan Semwal, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) CM. No.3013/2019 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. CM. No.3014/2019 (for delay) This is an application filed by the applicant / appellant seeking condonation of 10 days delay in filing the appeal. For the reasons stated in the application delay of 10 days in filing the appeal is condoned. Application stands disposed of. FAO (OS) 12/2019 Page 1 of 5 FAO(OS) 12/2019 1. The challenge in this appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (in sh...

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Feb 11 2019 (HC)

Satender Kumar Shah & Ors. Vs.state & Ors.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 11, 2019 CRL.M.C. 744/2019 & Crl.M.A. No.3042-3044/2019 SATENDER KUMAR SHAH & ORS .....Petitioners Through: Mr. Ravi Bhusan and Mr. Siddharth Verma, Advocates Versus STATE& ORS .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI Ajeet Singh Mr. Akhilesh Yadav, Advocate with Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.37/2017, under Sections 354D/354/294/509 of IPC and Section 12, POCSO Act, registered at police station Sagarpur, New Delhi is sought on the basis of affidavit of 11th July, 2018 of respondent No.2. Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondent No.2, present in the Court is the complainant/first informant of FIR in question and she has been identified to be so, by SI Ajeet Singh, on the basis of identity proof produced by her. Respondent No.2 present in the Court, subm...

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Feb 11 2019 (HC)

Alibhiya Das vs.union of India &Anr.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 11865/2018 Judgment delivered on:11. 02.2019 ALIBHIYA DAS ........ Petitioner Versus UNION OF INDIA &ANR. ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS :Mr J.S. Kushwaha. :Mr Vikas Mahajan, CGSC with Ms Saakshi Agrawal, GP and Mr Aakash Varma and Mr Deepak Goyal. CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J JUDGMENT The petitioner has filed the present petition, inter alia, 1. impugning the deportation order passed by respondent no.2 (FRRO) for deportation of the petitioners husband - Mr Richmond Ugochukwu Madidi, who is a Nigerian National. Admittedly, 2. the Visa issued to Mr Richmond Ugochukwu Madidi had expired. The petitioner prays that the same be extended on payment of penalty.3. that Mr Richmond Ugochukwu Madidi The respondents have filed a counter affidavit, which indicates (holder of Passport W.P.(C) 11865/2018 Page 1 of 6 No.A05161440) had arrived in India on ...

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Feb 11 2019 (HC)

Iilm Academy of Higher Learning vs.jbg Buildcon Pvt Ltd

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:11. h February, 2019 + FAO(OS) 10/2019 IILM ACADEMY OF HIGHER LEARNING ..... Appellant Through: Mr. Puneet Mittal, Sr. Adv. with Mr. Sandeep Mittal, Ms. Vasudha Bajaj and Mr. Vinod Kathwalia, Advs. versus JBG BUILDCON PVT LTD ..... Respondent Through: Mr. Sandeep Sharma, Mr. Aman Dhyani and Ms. Kanchan Semwal, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) CM. No.3007/2019 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. CM. No.3008/2019 (for delay) This is an application filed by the applicant / appellant seeking condonation of 10 days delay in filing the appeal. For the reasons stated in the application delay of 10 days in filing the appeal is condoned. Application stands disposed of. FAO (OS) 10/2019 Page 1 of 5 FAO(OS) 10/2019 1. The challenge in this appeal filed under Section 37 of the Arbitration and Conciliation Act,...

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Feb 11 2019 (HC)

Anand Kumar vs.the Institute of Chartered Accountants of India & Anr

Court: Delhi

$~5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA6322017 ANAND KUMAR ..... Appellant Through: Mr. Deo Prakash Sharma with Mr. Manoj Yadav, Advocates. THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ANR versus Through: Mr. Rakesh Agarwal, Advocate. ........ RESPONDENTS CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA % ORDER1102.2019 SANJEEV NARULA, J.:1. The present appeal under Clause 10 of the Letters Patent Appeal is directed against the judgment dated 10th August 2017 passed in W.P.(C) 8650/2015 whereby the learned Single Judge has dismissed the writ petition of the Appellant. In effect, Appellants plea for appointment as Executive Officer has been rejected.2. The brief facts relevant for disposing of the present appeal are that pursuant to an advertisement issued by... RESPONDENTS in the month September/October 2007, the Appellant applied for the vacancy in the post of Management Trainee in the category of Scheduled Caste (SC). He LPA6322017 Page 1 of 12 successfully cleared...

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Feb 11 2019 (HC)

Kohli One Housing & Development Pvt Ltd vs.c S Agarwal & Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:11. 02.2019 $~3 & 4 * % + FAO(OS) 534/2014 & CM APPLs. 20999/2014, 21002/2014, 6838/2015, 30156/2015, 27512/2017, 22990/2018, 48232/2018, 3136/2019 KOHLI ONE HOUSING & DEVELOPMENT PVT LTD ..... Appellant Through: Mr.Shailen Bhatia, Ms.Ekta Nayar and Mr.Gaurav Liberhan, Advocates. Versus C S AGARWAL & ORS ........ RESPONDENTS Through: Mr.Gaurav Mitra, Mr. Gorangg Gupta with Mr. Vineet Gupta, Advocates for respondent No.1. Mr.Ajay Bahl, Advocate along with Mr.Vikash Sharma, Advocate for respondent No.2(a)(b)(d). Mr.T.K. Ganju, Senior Advocate with Mr.Rohit Gandhi, Advocate for respondents No.4 to 13. + RFA(OS) 126/2014 & CM APPLs. 12927/2014, 13879/2014, 6961/2015, 30281/2015 KHOLI ONE HOUSING & DEVELOPMENT PVT. LTD ..... Appellant Through: Mr.A.K. Singla and Mr.Amit Jain, Advocates. Versus FAO (OS) No.534/2014 & RFA(OS) No.126/2014 Page 1 of 9 SHRI C.S.AGARWAL & ORS ........ RESPONDENTS Through: Mr.Gaurav Mitra, Mr.Gorangg Gupta w...

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Feb 08 2019 (HC)

Karunamay Dharmarth Society Regd. Vs.union of India and Ors.

Court: Delhi

* + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 28, 2018 Pronounced on: February 08, 2019 W.P.(C) 9036/2008 W.P.(C) 4324/2010 KARUNAMAY DHARAMARTH SOCIETY REGD......Petitioner Through: Mr. Sanjeev Sindhwani, Senior Advocate with Mr. Daleep Dhyani, Advocate Versus UNION OF INDIA & ORS. LT. GOVERNOR, GOVT. OF NCT OF DELHI & ORS. Through: Mr. Naushad Ahmed Khan, ASC .....Respondents (Civil) for respondent-GNCTD Ms. Saroj Bidawat, Advocate for respondent-UOI Mr. Rajiv Bansal, Senior Advocate with Ms. Kamna Singh and Ms. Parul Panthi, Advocates for respondent-DDA CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT In the above-captioned first petition, a mandamus is sought to first 1. three respondents to execute and register a lease-deed in terms of letter of allotment of 24th June, 1985 in favour of petitioner in respect of 4 acres of land, out of land comprised in Khasras No.109 and 185 situated in Village Nasirpur, Delhi (hereinafter referred to as the subject land) ...

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Feb 08 2019 (HC)

Mrs. Rajni Malhotra vs.chief Secretary, Govt. Of Nct of Delhi

Court: Delhi

$~22 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:08. 02.2019 % W.P.(C.) No.1338/2019 AND CM APPL. 6084/2019 MRS. RAJNI MALHOTRA ........ Petitioner Through: Mr. M.C. Dhingra, Adv. versus CHIEF SECRETARY, GOVT. OF NCT OF DELHI Through: Mr. Yeeshu Jain and Ms. Jyoti Tyagi, .....Respondents Advs. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K.CHAWLA A.K.CHAWLA, J.(ORAL) 1. The petitioner is aggrieved of the order dated 24.08.2016 in OA No.2314/2014 and order dated 19.07.2018 in RA No.232/2014 passed by the Central Administrative Tribunal, Principal Bench in short 'CAT', whereby, the prayers made by the petitioner, in effect, seeking directions to the respondents to transfer the petitioner to Civil Defence Organization and be posted as Sr. Staff Officer, came to be dismissed. Concisely, the relevant facts are that initially, the petitioner was 2. appointed as Instructor Civil Defence and posted with the Women's Wing of Civil Defence in the Directorate of H...

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