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Delhi Court February 2019 Judgments

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Feb 08 2019

Union of India vs.sh. Ravindra U Garkal

Court: Delhi

Decided on: Feb-08-2019

$~14 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:08. 02.2019 W.P.(C) 1308/2019 UNION OF INDIA ........ Petitioner Through: Mr. Thakur Prasad Singh, Sr. Central Govt. Counsel for UOI. versus SH. RAVINDRA U GARKAL ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K.CHAWLA JUDGMENT VIPIN SANGHI, J.(ORAL) CM APPL. 5914-5915/2019 Exemptions allowed, subject to all just exceptions. W.P.(C) 1308/2019 & CM APPL. 5913/2019 (for stay) 1. The petitioner-UOI assails the order dated 25.07.2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal) in OA No.4124/2013. It also assails the order passed in Review Application No.8/2018 on 16.01.2018. The Tribunal has allowed the Original W.P.(C) 1308/2019 Page 1 of 19 Application preferred by the respondent, and dismissed the Review Application preferred by the petitioner.2. The respondent participated in the Civil Services Examination (CSE) 2007. He came out meritori...


Feb 08 2019

Rosey Sailo Damodaran vs.nitin Damodaran

Court: Delhi

Decided on: Feb-08-2019

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Order:08. 02.2019 Cont. Cas. (C) No.99/2019 ROSEY SAILO DAMODARAN ........ Petitioner Through: Mr. Ujjwal Jha & Mr. Bonny Laishram, Advocates with petitioner in person. Versus NITIN DAMODARAN ....Respondent CORAM: HON'BLE MR. JUSTICE VINOD GOEL (ORAL) C.M. No.6067/2019 (for exemption) Allowed, subject to all just exceptions. The application is disposed of. Cont. Cas. (C) No.99/2019 1. The petitioner seeks initiation of contempt proceedings against her husband/respondent for wilful breach and non-compliance of the undertaking/settlement arrived at between the parties before the Mediation Centre, Patiala House Courts, New Delhi, on 10.08.2018 and confirmed by the Family Court on 20.08.2018.2. Learned counsel for the petitioner submits that the respondent herein filed a divorce petition being DA No.2/2017 against the petitioner herein before the Principal Judge, Family Court, Patiala House Courts, New Delhi titled as Nitin Damodar...


Feb 08 2019

Sudesh Lamba & Ors vs.manju Choudhary & Ors

Court: Delhi

Decided on: Feb-08-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:8. h February, 2019 FAO(OS) 29/2019 & CM. Nos. 5991/2019 and 5992/2019 SUDESH LAMBA & ORS Through: Mr. Hemant Bassi, Adv. with Mr. Rohit Gandhi, Adv. ..... Appellant versus MANJU CHOUDHARY & ORS ........ RESPONDENTS Through: CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) CM. No.5992/2019 Exemption allowed subject to all just exceptions. Application stands disposed of. FAO(OS) 29/2019 1. The present appeal has been filed by the appellant challenging the order dated November 22, 2018 passed in IA No.15876/2018, which was an application under Order 7 Rule 11 of the CPC whereby the said application was dismissed by the learned Single Judge. FAO(OS) 29/2019 Page 1 of 4 2. Mr. Bassi, learned counsel for the appellant would make two submissions; (i) that the suit filed by the plaintiff respondent No.1 was barred under law in the light of the previous judicial proceedings between her ...


Feb 08 2019

Nishant Khatri vs.national Law University Delhi

Court: Delhi

Decided on: Feb-08-2019

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:8. h February, 2019 + W.P.(C) 1337/2019 % 1. NISHANT KHATRI Through: In person ........ Petitioner versus NATIONAL LAW UNIVERSITY DELHI ..... Respondent Through: Mr. Sunil Agarwal and Mr. S.D. Sharma, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) The petitioner is a third year LL.B student in the Faculty of Law, University of Delhi. He states that he is an aspirant for the LL.M. Course.2. On 4th January, 2019, the National Law University, Delhi released a notification for effecting admissions to the LL.M course for the year 2019-2020.3. The grievance of the petitioner is with respect to the quantum of fees which would be required to be paid by him, for participation in the All India Law Entrance Test (AILET) on the basis whereof candidates are selected for admission to the LL.B course.4. The fees prescribed for participation in the said examination is W.P.(C) 1337/2019 Page 1 of 4 3,050/- for General cat...


Feb 08 2019

Mukesh Rajput & Ors. Vs.state Nct of Delhi & Anr.

Court: Delhi

Decided on: Feb-08-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 08, 2019 CRL.M.C. 236/2019 MUKESH RAJPUT & ORS .....Petitioners Through: Ms. Meenakshi Mohan and Mr. Kunal, Advocates Versus STATE NCT OF DELHI & ANR .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor with SI Rinki Mr. Harish Kumar Lodhi, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) CRL.M.A. 1022/2019 (delay) There is delay of 08 days in re-filing the accompanying petition. For the reasons stated in the application, it is allowed and the delay is condoned. The application is disposed of. CRL.M.C. 236/2019 Quashing of FIR No.400/2013, under Sections 498A/4of IPC, registered at police station Anand Vihar, New Delhi is sought on the basis of Mediated Settlement of 12th May, 2017 reached between the parties. CRL.M.C. 236/2019 Page 1 of 4 Upon notice, Mr. Izhar Ahmad, learned Additional Public Prosecutor for respondent-State submits that respondent No.2, pre...


Feb 08 2019

Sarita Yadav & Anr. Vs.subhash Verma & Ors.

Court: Delhi

Decided on: Feb-08-2019

$~5&9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. 9/2018 & IAs 5203/2018, 16522/2018 + Date of Decision :8. h February, 2019 SH.SUBHASH VERMA & ORS. ........ Petitioners Through: Mr.Vikram Pradeep, Ms.Neha Rajpal, Mr.Ajit Singh, Mr.Dilip Pandita, Advs. versus DARSHAN SINGH & ORS. ........ RESPONDENTS Through: Mr.Harish Malhotra, Sr. Adv. with Mr.Abhimanyu Singh Khatri, Adv. O.M.P. (COMM) 218/2018 & IA70842018 SARAITA YADAV & ANR. ........ Petitioners Through: Mr.Harish Malhotra, Sr. Adv. with Mr.Abhimanyu Singh Khatri, Adv. versus SUBHASH VERMA & ORS. ........ RESPONDENTS Through: Mr.Vikram Pradeep, Ms.Neha Rajpal, Mr.Ajit Singh, Mr.Dilip Pandita, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. These petitions have been filed by the parties to the arbitration proceedings which culminated into the Impugned Award dated 23.12.2017 passed by the Sole Arbitrator adjudicating the OMP92018 & OMP (COMM) 218/2018 Page 1 disputes that have arisen between the partie...


Feb 08 2019

Smt. Sonia Singh vs.sh. Harpal Singh

Court: Delhi

Decided on: Feb-08-2019

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:08. 02.2019 CRL.REV.P. 787/2018 & Crl. M.A. 31821/2018 SMT. SONIA SINGH versus SH. HARPAL SINGH ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Vivek Aggarwal, Adv. For the Respondent : Mr. Rohit K. Naagpal, Adv. with respondent in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 18.05.2018 whereby the appellate court set aside the order dated 21.02.2018 passed by the trial court. The Trial Court had directed that the applications filed by both the parties under Section 25 (2) of the Domestic Violence Act shall be taken up for consideration after parties lead evidence.2. The petitioner was granted maintenance by order dated 24.09.2009 in the sum of Rs. 15,000/-. The order of maintenance was challenged by the respondent before the High Court. The order was CRL. REV. P. 787/2018 Page 1 of ...


Feb 08 2019

9x Media Pvt Ltd & Ors vs.prasar Bharati

Court: Delhi

Decided on: Feb-08-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:8. h February, 2019 % + LPA922019 & CM. Nos. 6141/2019, 6142/2019 and 6143/2019 + 9X MEDIA PVT LTD & ORS ..... Appellants Through: Mr. Amit Sibal, Sr. Adv. with Mr. Kunal Tandon, Mr. Shashank Shekhar, Mr. Ambar Bhushan, Mr. Aishvary Vikram & Mr. Girdhar Singh, Advs. versus PRASAR BHARATI ..... Respondent Through: Mr. Rajeev Sharma, Adv. with Mr. Rajat Krishna, Mr. Saket Chandra & Mr. Anmol Nag, Advs. AND LPA932019 & CM. Nos. 6144/2019, 6145/2019 and 6146/2019 B4U BROADBAND (INDIA) PVT LTD & ANR ..... Appellants Through: Mr. Kunal Tandon, Mr. Shashank Shekhar & Mr. Girdhar Singh, Advs. ..... Respondent Through: Mr. Rajeev Sharma, Adv. with versus PRASAR BHARATI Mr. Rajat Krishna, Mr. Saket Chandra & Mr. Anmol Nag, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO LPA922019 and connected matter Page 1 of 7 V. KAMESWAR RAO, J.(ORAL) CM. Nos. 6142/2019 and 6143/2019 (for exemption) in LPA922019 CM. Nos. 614...


Feb 08 2019

Ashok Kumar & Sons (Huf) vs.brahma City Private Ltd.

Court: Delhi

Decided on: Feb-08-2019

$~J- * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Pronounced on:8. 2.2019 CO.PET. 319/2015 ASHOK KUMAR & SONS (HUF) ........ Petitioner Through Mr.Sandeep P.Agarwal, Sr.Adv. with Mr.Rajesh Pathak, Adv. Versus BRAHMA CITY PRIVATE LTD. ..... Respondent Through Mr.Devesh Bhati and Mr.Satyam Dwivedi, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. By this judgment, I will decide the preliminary objection raised by the respondent who has contended that as notice has not been issued in this petition, this court would not have jurisdiction to try the matter and the same be transferred to NCLT.2. On 22.02.2018, this court had noted the various contentions regarding the contention of the learned counsel for the parties as follows: Learned counsel for the respondent relies upon the Notification dated 7.12.2016 being GSR I19E) issued by the Ministry of Corporate Affairs to contend that in view of the fact that though notice of this petition has not been directed to be iss...


Feb 08 2019

Kailash Babu & Anr. Vs.state Nct of Delhi

Court: Delhi

Decided on: Feb-08-2019

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:08. 02.2019 BAIL APPLN. 1795/2018 KAILASH BABU & ANR. versus STATE NCT OF DELHI ........ Petitioners ..... Respondent : : Mr. Ashwani Goel, Advocate. Advocates who appeared in this case: For the... Petitioner For the Respondent CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Hirein Sharma, APP for the State. SI Surender, PS Begumpur. JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek anticipatory bail in FIR No.378/2018 under Sections 376/493/494/495/4IPC at Police Station Begumpur.2.... Petitioners are the parents-in-laws of the complainant. Allegations in the FIR are that without disclosing the factum of an earlier subsisting marriage, the son of the petitioners married the complainant.3.... Petitioners were granted interim protection by order BAIL APPLN. 1795/2018 Page 1 of 2 13.08.2018.4. It is informed by learned counsel for the petitioners that resolution has arrived at between the husband and the wife...


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