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Delhi Court February 2019 Judgments

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Feb 08 2019 (HC)

Kings Furnishing & Safe Company vs.central University of Jharkhand.

Court: Delhi

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:08. 02.2019 + O.M.P. (E) (COMM.) 1/2019 KINGS FURNISHING & SAFE COMPANY ........ Petitioner Through: Ms. Chandrika Gupta with Ms. Nidhi Samnotra, proxy counsels for Mr. Rajat Aneja, Adv versus Through: None. CENTRAL UNIVERSITY OF JHARKHAND. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) I.A. No.1974/2019 (Exemption) .... Respondent 1. Allowed, subject to just exceptions. O.M.P. (E) (COMM.) 1/2019 2. This is a petition filed under Section 27 of the Arbitration and Conciliation Act, 1996.3. The prayer made in the petition is to summon witnesses qua which the learned Arbitrator after hearing both sides has passed an order dated 22.01.2019.4. I am informed by counsel for the petitioner that advance notice of the instant petition was given to the counsel who appeared for the respondent before the learned Arbitrator. O.M.P. (E) (COMM) 1/2019 Pg. 1 of 2 5. In these circumstances, in my view, no formal notice n...

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Feb 08 2019 (HC)

Jasmeet Singh Hanzrah & Ors. Vs.state & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 08, 2019 CRL.M.C. 723/2019 JASMEET SINGH HANZRAH AND ORS .....Petitioners Through: Mr. Sarvagya Sharma, Advocate Versus STATE AND ANR .....Respondents Through: Mr. M.P. Singh, Additional Public Prosecutor for State with ASI Sunil Kumar Mr. Sarvagyan Sharma, Advocate with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.305/2017, under Sections 406/498A/34 of IPC registered at police station Kirti Nagar, Delhi is sought on the basis of affidavit of 9th January, 2019 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 ASI Sunil Kumar on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved v...

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Feb 08 2019 (HC)

Sekhar Singh & Ors. Vs.govt of Nct Delhi & Anr.

Court: Delhi

$~6 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"08th February, 2019 + CRL.M.C. 16/2018 SEKHAR SINGH & ORS. ........ Petitioners Through: Mr. Anil Saxena, Advocate versus GOVT OF NCT DELHI & ANR. ........ RESPONDENTS Through: Mr. Sanjeev Sabharwal, APP for State with SI Raghu Raj Singh Jagdish Singh Rajput, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 20.01.2014. On 06.09.2104, she lodged first information report (FIR) No.844/2014 under Sections 406, 498A, 34 of Indian Penal Code (IPC) of Police Station Mandawali Fazalpur against her husband (first petitioner), his father (second petitioner), his mother (third petitioner) and his sister (fourth petitioner). The investigation in to the said FIR is still pending. Crl. M.C. No.16/2018 Page 1 of 7 2. The parties entered into a Memorandum of Understanding (MOU) on 25.03.2015, in terms of which, they agreed to amica...

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Feb 08 2019 (HC)

Chhavi Chander Jha vs.vishwa Karma Engineering Works

Court: Delhi

$~R-8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on:12. 12.2018 Judgment Pronounced on:08. 02.2019 W.P.(C) 2291/2006 CHHAVI CHANDER JHA ....... Petitioner Through: Mr. Sanjoy Ghose, Advocate. versus VISHWA KARMA ENGINEERING WORKS CORAM: HON'BLE MS. JUSTICE JYOTI SINGH Through: None. ..... Respondent JYOTI SINGH, J.1. The present writ petition has been filed by the petitioner assailing the award dated 13.10.2005 passed by the Labour Court-XI, Karkardooma, Shahdara, Delhi in Industrial Dispute (ID) No.215/2004 (new), 212/1991 (old).2. The brief and relevant facts as stated in the writ petition are that the petitioner joined the services of the respondent as Turner in the year 1985. He claims that he worked continuously with the respondent but was not paid any wages from June 1990 to September 1990 on the plea that the respondent was facing shortage of funds. He further claims that when he demanded his wages arrears, his W.P.(C) No.2291/2006 Page 1 of 13 services were...

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Feb 08 2019 (HC)

Deepak Chawla vs.rajeev Chawla

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:08. h February, 2019 FAO(OS) 73/2018 & CM. No.16948/2018 DEEPAK CHAWLA ..... Appellant Through: Ms. Shobha Ramamoorthy, Mr. Sri Ram J.Thalapathy, Mr. Shilp Vinod and Mr. Pushkar Raj Kumar, Advs. versus RAJEEV CHAWLA ..... Respondent Through: Mr. Manan Batra and Mr. Abhimanyu Gupta, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) 1. The challenge in this appeal is to an order dated March 19, 2018 passed by the learned Single Judge in IA No.1508/2017, which was an application filed by the appellant herein under Order 6 Rule 17 of the CPC for amendment of the writ statement.2. It was the ground of the appellant, that the plaintiff had missed out the partition of three other properties vis 152, Bhagat Singh Market, Connaught Place, New Delhi, Plot at Saraswati Kunj, Gurgaon and F-71, Bhagat Singh Market, Connaught Place, New FAO(OS) 73/2018 Page 1 of 7 Delhi and for sale proc...

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Feb 08 2019 (HC)

Sidhi Jain Through: Her Mother Priyanka Jain vs.director of Education ...

Court: Delhi

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:8. h February, 2019 + W.P.(C) 2339/2018 % 1. SIDHI JAIN THROUGH: HER MOTHER PRIYANKA JAIN Through: Mr. S.D. Singh, Mr. Rahul Kr. ........ Petitioner Singh, Mr. Jitender Singh, Mr. Puneet Kr. Jain and Mr. Mohit Agarwal, Advs. versus DIRECTOR OF EDUCATION AND ORS. ........ RESPONDENTS Through: Mr. Gautam Narayan, ASC- GNCTD with Ms. Mahamaya Chatterjee, Adv. Mr. Kamal Gupta and Ms.Pragya Agrawal, Advs. for R2 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) Learned counsel for the petitioner at the outset submits that he is giving up prayers (a), (b) and (c).2. The controversy in this writ petition is extremely limited, and is essentially concerned with interpretation of the admission criteria, devised by the Bal Bharati Public School, Pitampura (Respondent W.P.(C) 2339/2018 Page 1 of 16 No.2 herein and referred to, hereinafter, as the School), for admission to its pre-school classes for the academic session, 2018-...

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Feb 08 2019 (HC)

Anita Dhiman vs.state & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 08, 2019 CRL.M.C. 714/2019 ANITA DHIMAN ........ Petitioner Through: Mr. Jaspreet Singh, Advocate Versus STATE & ANR. .....Respondents Through: Mr. M.S. Oberoi, Additional Public Prosecutor for State with SI Harkesh Meena Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.61/2013, under Sections 420/468/471 of IPC, registered at police station Tilak Marg, New Delhi is sought on the basis of Settlement Deed of 27th November, 2018 (Annexure-B). 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 he has been identified to be so, by SI Harkesh Meena on the basis of identity proof produced by him. Respondent No.2 present in the Court, submits that the FIR in question was registered due to misunderstanding between the parties, and now the misunderstandi...

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Feb 08 2019 (HC)

Uem India Pvt. Ltd. Vs.ongc Ltd.

Court: Delhi

$~12 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 393/2018 & IA No.12438/2018 Date of Decision :8. h February, 2019 UEM INDIA PVT. LTD. ........ Petitioner Through: Mr.Arvind Nayar, Sr. Adv. with Ms.Iti Agarwal, Ms.Tamanna Goyal, alongwith Mr.Anil Chauhan, VP Finance Advs. versus ONGC LTD. ..... Respondent Through: Mr.Sandeep Sethi, Sr. Adv. Puri, and with Mr.Abhishek Ms.Surbhi Gupta Mr.V.Sidddharth, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) I.A.No.12441/2018 1. This application has been filed by the petitioner under Section 34 (4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) praying for the following relief: (a) Allow the present application and remand the matter to the learned Arbitral Tribunal for rectifying the errors made in the Para 474 and 475 of the Impugned Award; and OMP(Comm.) No.393/2018 Page 1 (b) Defer the proceedings under Section 34 before this Hon'ble Court until the grounds for setting aside...

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Feb 08 2019 (HC)

Karunamay Dharmarth Society Regd. Vs.lt. Governor, Govt. Of Nct of Del ...

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)

Ashok Atree vs.municipal Corporation of Delhi & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % ASHOK ATREE RFA No.116/2019 8th February, 2019 ..... Appellant Through: Dr. Farrukh Khan and Mr. M.Sadiq Khan, Advocates. MUNICIPAL CORPORATION OF DELHI & ANR. versus ........ RESPONDENTS Through: Mr. Bijay Aroraa & Mr. Kapil Dutta, Adv. for SDMC. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.5920/2019 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.116/2019 and C.M. No.5919/2019 (stay) 2. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the trial court dated 22.11.2018 by which RFA No.116/2019 Page 1 of 27 the trial court has dismissed the suit for injunction filed by the appellant/plaintiff seeking rights in a 15 ft. strip of land comprised in Khasra No.403, Village Masjid Moth, New Delhi. The trial court has held that the app...

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