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Delhi Court March 2019 Judgments

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Mar 29 2019

Sterlite Technologies Limited vs.bharat Sanchar Nigam Limited

Court: Delhi

Decided on: Mar-29-2019

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(COMM)327/2017 Date of Decision :29. h March, 2019 STERLITE TECHNOLOGIES LIMITED ........ Petitioner Through Ms.Rajiv Tyagi and Mr.Rohit versus Gupta, Advs. BHARAT SANCHAR NIGAM LIMITED ..... Respondent Through Mr.Dinesh Agnani, Sr. Adv. with Ms.Leena Tuteja, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) challenging the Arbitral Award dated 15.04.2017 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Advance Purchase Order No.203-2/2004- MMS/Vol-II dated 18.03.2004 for supply of 13.199 Lakh of PIJF underground cable of different size, placed on the petitioner by the respondent for its Kerala circle.2. The dispute between the parties was with respect to the following three claims raised by the petitioner; (a) towards al...


Mar 29 2019

Smt. Shobha Jain vs.south Municipal Corporation Delhi West Zone and Or ...

Court: Delhi

Decided on: Mar-29-2019

$~29 * % + W.P.(C) 5450/2018 SMT. SHOBHA JAIN IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order:29. 03.2019 ........ Petitioner Through: Ms.Maitreyee Joshi, Advocate versus SOUTH MUNICIPAL CORPORATION DELHI WEST ZONE AND ORS. ........ RESPONDENTS Through: Ms.Puja Kalra and Mr.Virendra Singh, Advocates for SDMC. Mr.Prateek Chadha, Adv. for Delhi Police Insp.Om Prakash Pawar, TI/Tilak Nagar with SI J.D.Yadav, Pairvavi Officer, Traffic. Insp.Raman Kumar, ATI, Uttam Nagar. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking the following directions: a) issue an order / direction, more in the nature of Quo Warranto, declaring the action of the Respondent in demolishing the said writ property which was allotted to the... Petitioner under handicapped quota through an allotment letter No.633/CL & EC/06dt. 10.08.2006 for a P.C.O Booth...


Mar 29 2019

Jose C Mundadan vs.govt of Nct of Delhi & Anr

Court: Delhi

Decided on: Mar-29-2019

$~ IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :7. h February, 2019 Decided on:-"29th March, 2019 + CRL.M.C. 4363/2018 M/S RAJASTHAN CYLINDERS & CONTAINERS LTD ........ Petitioner Through: Mr. N. Hariharan, Sr. Adv. with Mr. Sushil Gupta, Mr. Manan Verma & Mr. Siddarth Bhatia, Advs. versus COMPETITION COMMISSION OF INDIA..... Respondent Through: Mr. Prashanto C. Sen, Sr. Adv. with Sanjeev Chhikara, Adv. and Mr. Kuldeep Kumar, Joint Director CCI. + CRL.M.C. 5324/2018 SHRI JOSE C. MUNDADAN ........ Petitioner Through: Mr. Saiby Jose Kidangoor, Mr. Raneev Dahiya & Ms. Yammi Phazang, Advs. versus STATE & ANR. ........ RESPONDENTS Through: Mr. Sanjeev Sabharwal, APP for the State. Mr. Prashanto C. Sen, Sr. Adv. with Mr. Siddharth Jain, Mr. T.N. Durga Prasad, Mr. Gagan Kr. & Mr. Anoop Kr., Advs. for R-2. Crl.M.C. 4363/2018 etc. Page 1 of 24 + CRL.M.C. 5371/2018 JOSE C MUNDADAN Through: ........ Petitioner Mr. Saiby Jose Kidangoor, Mr. Raneev Dahiya & Ms. Yammi Phazang, Advs. versus G...


Mar 29 2019

M/S Taurian Overseas vs.m/s Soni Impex and Ors.

Court: Delhi

Decided on: Mar-29-2019

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:29. 03.2019 CRL.REV.P. 811/2015 M/S TAURIAN OVERSEAS versus M/S SONI IMPEX AND ORS ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : Mr. Sanjeev Goyal with Mr. Nipun Gupta and Ms. Kriti Gupta, Advocates. For the... RESPONDENTS: Mr. Amarjeet Rai, Advocate for respondent No.1. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.9198/2017 (for condonation of delay in re-filing) 1.... Petitioner seeks condonation of delay in re-filing the Revision Petition. It is contended that initially the petitioner had filed an application seeking leave to lead additional evidence, however, the same was rejected. The Revision Petition was filed within time, however, certain objections were raised by the registry. The application was taken back for re-filing and got misplaced and subsequently, when the file was traced out, the same was re-filed ...


Mar 29 2019

Jasvinder Singh vs.municipal Corporation & Anr

Court: Delhi

Decided on: Mar-29-2019

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:29. 03.2019 + W.P.(C) 2284/2019 JASVINDER SINGH ........ Petitioner Through: Ms. Anamika Ghai Niyazi, Advocate. versus MUNICIPAL CORPORATION & ANR ........ RESPONDENTS Through: Ms. Sangeeta Chandra, Advocate for R-1. Mr. Ashim Sood and Mr. Tarun Krishan Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. The petitioner claims to be a regular street vender and vending at Gate No.1, J.J.Colony, Khanpur, MB Road, Sainik Farms, New Delhi.... Petitioner is a handicap person with 100% disability. Along with this petition a notice dated 27.12.2018 has been filed calling upon the petitioner to evacuate from the military land.2. Counsel for the MCD submits that the petitioner never applied and was never granted a Teh Bazari license by the MCD. The MCD is not the W.P.(C) 2284/2019 Page 1 of 4 land owning agency which is evident from the reading of the communication da...


Mar 29 2019

State (Nct of Delhi) vs.vishal

Court: Delhi

Decided on: Mar-29-2019

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL. L.P. 824/2018 Judgment reserved on:20. h March, 2019 Judgment pronounced on:29. h March, 2019 STATE (NCT OF DELHI) ....Appellant Through: Mr. G.M. Farooqui, APP for State with SI Raju Yadav, PS Sultanpuri. Versus VISHAL Through: None ....Respondent CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL1 By this petition under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter as Cr.P.C), the appellant/State seeks leave to appeal against the judgment dated 01.09.2018 passed by the learned Additional Sessions Judge, POCSO Court, North West District, Rohini Court, Delhi whereby the respondent/Vishal was acquitted of the charge under Section 12 of POCSO Act and Section 504 read with Section 506 of the Indian Penal Code, 1860 (hereinafter as IPC) in FIR No.659/2013, Police Station Sultan Puri.2. Brief facts of the case, as noticed by the learned Trial Court, are as under:-"i. On 12.07.2013 Smt. R and Sh. M came to PS alongwit...


Mar 29 2019

Uttar Pradesh State Road Transport Co. (Upsrtc) vs.riyaz Khan & Anr.

Court: Delhi

Decided on: Mar-29-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:29. h March, 2019 + MAC.APP. 141/2017 UTTAR PRADESH STATE ROAD TRANSPORT CO. (UPSRTC), Through the Regional Manager, Ghaziabad Depot, U.P. ...Appellant Through: Mr. Aly Mirza, Advocate. versus 1. RIYAZ KHAN S/o Late Sh. Sujjan Khan 2. SUDHIR KUMAR S/o Sh. Ram Bhajan ...Respondents Through: Mr. JPN Shahi, Advocate in for R-1 with R-1 person. [ CORAM: HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT I. S. MEHTA, J.1. The instant appeal is arising from the impugned award dated 08.11.16 in MACT Case No.39passed by Ms. Neena Bansal Krishna, Presiding Officer, MACT (SE-0l), Saket Courts, New Delhi MAC.APP. 141/2017 Page 1 of 7 (henceforth referred to as the Tribunal) whereby the respondent No.1 was awarded Rs. 22,42,500/- alongwith interest at the rate of 9% p.a. from the date of filing of petition till the date of its realization.2. The brief facts stated are that on 21.07.2014 the petitioner, Riyaz Khan was traveling from Aligarh, Utt...


Mar 29 2019

Mahender Kehar vs.skyland Builders Pvt. Ltd. & Ors

Court: Delhi

Decided on: Mar-29-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h March, 2019. CS(OS) No.175/2019 & IA No.4616/2019 (u/s 151 CPC) MAHENDER KEHAR .....Plaintiff Through: Mr. Jaspreet Singh Rai, Adv. Versus SKYLAND BUILDERS PVT. LTD. & ORS. ...Defendants CORAM: Through: None. HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit against (i) Skyland Builders Pvt. Ltd; (ii) Lalit Mohan Madhan; (iii) Prateek Madhan; (iv) Sunil Kumar; and, (v) Sunrise Constructions, pleading that:-"(i) the father of the plaintiff late Shri Desh Raj Kehar, during his lifetime had purchased and acquired a plot of land ad measuring 1083 sq. yds. bearing Municipal No.D-8, New Delhi South Extension (NDSE), Part-II, New Delhi vide Sale Deed dated 16th February, 1957; (ii) the said Shri Desh Raj Kehar died on 12th April, 1967 leaving behind his wife Smt. Durga Devi Kehar and three sons including the plaintiff and four daughters; (iii) Shri Desh Raj Kehar had executed a Will dated 7th Jul...


Mar 29 2019

M/S Rajasthan Cylinders & Containers Ltd vs.competition Commission of ...

Court: Delhi

Decided on: Mar-29-2019

$~ IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :7. h February, 2019 Decided on:-"29th March, 2019 + CRL.M.C. 4363/2018 M/S RAJASTHAN CYLINDERS & CONTAINERS LTD ........ Petitioner Through: Mr. N. Hariharan, Sr. Adv. with Mr. Sushil Gupta, Mr. Manan Verma & Mr. Siddarth Bhatia, Advs. versus COMPETITION COMMISSION OF INDIA..... Respondent Through: Mr. Prashanto C. Sen, Sr. Adv. with Sanjeev Chhikara, Adv. and Mr. Kuldeep Kumar, Joint Director CCI. + CRL.M.C. 5324/2018 SHRI JOSE C. MUNDADAN ........ Petitioner Through: Mr. Saiby Jose Kidangoor, Mr. Raneev Dahiya & Ms. Yammi Phazang, Advs. versus STATE & ANR. ........ RESPONDENTS Through: Mr. Sanjeev Sabharwal, APP for the State. Mr. Prashanto C. Sen, Sr. Adv. with Mr. Siddharth Jain, Mr. T.N. Durga Prasad, Mr. Gagan Kr. & Mr. Anoop Kr., Advs. for R-2. Crl.M.C. 4363/2018 etc. Page 1 of 24 + CRL.M.C. 5371/2018 JOSE C MUNDADAN Through: ........ Petitioner Mr. Saiby Jose Kidangoor, Mr. Raneev Dahiya & Ms. Yammi Phazang, Advs. versus G...


Mar 29 2019

The Executive Engineer(c) Dr-Vi vs.m/s Bhasin Associates

Court: Delhi

Decided on: Mar-29-2019

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h March, 2019 + O.M.P. 463/2011 THE EXECUTIVE ENGINEER(C) DR-VI ........ Petitioner Through: Mr. S. K. Singh, Mr. Rameezuddin Raja & Ms. Khushboo Khan, Advocates. (M-9899347995) versus M/S BHASIN ASSOCIATES ..... Respondent Through: Mr. Amit Gautam, Advocate (M- CORAM: JUSTICE PRATHIBA M. SINGH858788623) Prathiba M. Singh, J.(Oral) 1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed challenging award dated 22nd December, 2010 passed by a Ld. Sole Arbitrator Sh. S. Prakash, who is stated to be a technical Arbitrator of the Department.2. The background of the case is that the work construction of 21.3 MGD Switch Pumping Station at Tughalkabad was awarded to M/s Bhasin Associates vide work Order No.WSU/EE(C)DR-VI/96/-7023 dated 25th September, 1996. The total value of the work order was Rs.1,82,33,044/-. The work was to commence on 5th October, 1996 and the stipulated dat...


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