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Delhi Court March 2019 Judgments

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Mar 12 2019

Kidde India vs.ntpc

Court: Delhi

Decided on: Mar-12-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :8. h January, 2019 Date of decision :12. h March, 2019 + CS (OS) 549/2009, I.As.5570/2009, 8274/2017 & 8275/2017 KIDDE INDIA ..... Plaintiff Through: Mr. Chandan Kumar, Advocate. (M:9810312011) versus NTPC ..... Defendant Through: Mr. Puneet Taneja, Ms. Shaheen and Ms. Laxmi Kumari, Advocates. (M:9810208494) CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.1. The present petition, under the provisions of the Indian Arbitration Act, 1940 (hereinafter, Arbitration Act) has been commenced after receipt of award dated 9th December, 2008 filed by the Arbitral Tribunal in this Court, for passing of a decree in terms of the award. Objections were filed by the Respondent, NTPC (hereinafter, NTPC) vide I.A. No.5570/2009 under Sections 30 and 33 of the Arbitration Act. The same are being disposed of by way of the present order.2. One M/s Vijay Machinery Store (hereinafter, Contractor) was awarded a contract for installation ...


Mar 12 2019

Sabra Bibi vs.state & Ors.

Court: Delhi

Decided on: Mar-12-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 12, 2019 CRL.M.C. 4945/2017 & Crl.M.A. 19634/2017 SABRA BIBI ........ Petitioner Through: Mr. Manish Vashisht, Advocate Versus STATE & ORS. ........ RESPONDENTS Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent No.1-State with SI Bharat Lal Mr. Rikky Gupta, Advocate for respondents No.2 & 3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner is the widow of Sheikh Munna, who had unfortunately died at the Metro site in South Extension, Part-II, New Delhi due to accidental fall of sound attenuator upon him.... RESPONDENTS No.2 & 3 are the Senior Fitter cum Supervisor and Station Manager/ Engineer respectively with M/S Construction Management Corporation (CMC), who have entered into Memorandum of Agreement of 8th August, 2016 with petitioner and have compensated her to the tune of 13,57,000/-.... Petitioners counsel submits that in addition, petitioner is getting pension of 2,211/- and 551/...


Mar 12 2019

Delhi State Industrial & Infrastructure Development Corporation Ltd. V ...

Court: Delhi

Decided on: Mar-12-2019

$~42 * + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(OS)(C) 264/2018 & CM APPL. No.47776/2018 DELHI STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. ..... Appellant Through: Mr. Vinod Diwakar, Sr. Standing Counsel with Ms. Radhik Roy, Mr.Sayandeep Pahari & Mr. Moni Cinmoy, with Mr.Bhawesh Gupta (CE), Mr. Sehgal (SE) and Mr. Jajinder Kumar (EE) Advs. along versus BLS SUMMER JOINT VENTURE ..... Respondent Through: Mr. Ashish Dholakia & Mr. Gautam Bajaj, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI JUDGMENT Anup Jairam Bhambhani, J.(Oral) By this appeal filed under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter the Act) read with Section 13 of the Commercials Courts Act 2015, the appellant/Delhi State Industrial and Infrastructure Development Corporation Limited (hereinafter DSIIDC) impugns order dated 16.08.2018 made by the learned single Judge of this court in O.M.P. (COMM) No.259/2017, whereby the single Judge has F...


Mar 12 2019

s.s.constructions vs.mbr Aastha Bhagwati Edu Trust

Court: Delhi

Decided on: Mar-12-2019

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:12. 03.2019 + OMP (ENF.) (COMM.) 92/2017 S.S.CONSTRUCTIONS ..... Decree holder Through Dr. Jose P. Verghese and Mr. Dhruv Jose, Advs. Versus MBR AASTHA BHAGWATI EDU TRUST ..... Judgment debtor Through Mr. C.S. Gupta, Adv for judgment debtors i.e. Mr. Sanjay Kumar Jain and Mr. Satender Kumar Jain. Mr. Bharat Gupta, Adv for applicants in I.A. Nos.1950-51/2018. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER (ORAL) I.A. No.1591/2018 & I.A. No.1590/2018 1 These objections are filed by, one, Mr. Naresh Kumar Jain and Mr. Anand Prakash Jain. I.A. No.1591/2018 has been filed by Mr. Naresh Kumar Jain while I.A. No.1590/2018 has been filed by Mr. Anand Prakash Jain. 2 Via order dated 21.08.2017, this Court had attached, inter alia, the properties said to be owned by the Objectors. 3 In paragraph 10 of the enforcement petition, the details of the properties have been given. The properties adverted to in paragraph 10 (ii) ...


Mar 12 2019

Lixil Window System Pvt. Ltd. Vs.east Coast Constructions & Industries ...

Court: Delhi

Decided on: Mar-12-2019

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h March, 2019 + CS(COMM) 489/2016 LIXIL WINDOW SYSTEM PVT. LTD. ..... Plaintiff Through: Mr. Amish Tandon, Mr. Sameer Abhyankar, Mr. Ayush Beotra, Mr. Akshay Joshi & Ms. Priyanka Arora, Advocates (M-9899977720) versus EAST COAST CONSTRUCTIONS & INDUSTRIES LTD Through: Ms. Ruhini Dey, Advocate ..... Defendant (M- 9953443462) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The Plaintiff has filed the present suit for recovery of a sum of Rs.2,66,88,639/- against M/s East Coast Constructions & Industries Ltd. which was awarded the work for construction of the Tamil Nadu Legislative Assembly building at Omandurar Estate, Chennai by the PWD. Vide Letter of Intent (hereinafter LOI) dated 20th July, 2009, some portion of this work was assigned to the Plaintiff for execution. The total value of the work is Rs.9,27,99,680/-. The said LOI provided for the scope of work as under: SCOPE OF WORK Your scope of work i...


Mar 12 2019

Rajinder Mani vs.union of India and Ors.

Court: Delhi

Decided on: Mar-12-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI19+ RAJINDER MANI W.P.(C) 2906/2017 ........ Petitioner Through: Dr S.S. Hooda, Mr Rochak Kharbanda and Ms Adity Hooda, Advocates. versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr Sanjib Kumar Mohanty and Mr Amit Acharya, Advocates for UOI. CORAM: JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA % ORDER1203.2019 Dr. S. Muralidhar, J.:1. The... Petitioner, who joined the Border Security Force (BSF) as Assistant Commandant (AC) (Direct Entry) on 29th October, 1971, is before this Court seeking a direction to the... RESPONDENTS to grant him extraordinary pension under Rule 3-A of the CCS (Extraordinary Pension) Rules [CCS (EOP) Rules]..2. The background facts are that the... Petitioner had an outstanding record of service in the BSF having been awarded 14 Director General Commendation Rolls, Police Medal for Meritorious Services and President Police Medal for Distinguished Services.3. The... Petitioner was promoted to the rank of DIG on 1st...


Mar 12 2019

Ashish Madaan vs.state & Ors

Court: Delhi

Decided on: Mar-12-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 12, 2019 + CRL.M.C. 1333/2019 and CRL.M.As. 5301-5302/2019 ASHISH MADAAN ........ Petitioner Through: Mr. Chirag Khurana and Mr. Nitin Arora, Advocates Versus STATE & ORS .....Respondents Through: Mr. M.P. Singh, Additional Public Prosecutor for State CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner is accused in FIR case for the offences under Sections 406/498A/34 of IPC, and a complaint for the offence under Section 406 read with Section 120-B of IPC alongwith application under Section 156(3) of Cr.P.C. was filed by petitioner against his estranged wife, mother-in-law etc. Trial Court vide order of 3rd October, 2018 has dismissed petitioners application under Section 156(3) of Cr.P.C. and has directed petitioner/complainant to lead pre-summoning evidence. Revisional Court vide impugned order of 28th January, 2019 has upheld trial courts order but has observed that when no offence is disclosed, taking of co...


Mar 12 2019

Ex. Ct. (Crpf) Prem Kumar Singh vs.union of India & Ors.

Court: Delhi

Decided on: Mar-12-2019

$~22 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 11051/2017 EX. CT. (CRPF) PREM KUMAR SINGH ........ Petitioner Through: Mr. Himanshu Gautam, Advocate. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Rajesh Kumar, Advocate with Ms. Santwana, Advocate. Mr. Vivek Kumar Singh, Law Officer CRPF. CORAM: JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA % Dr. S. Muralidhar, J.: ORDER1203.2019 1. The... Petitioner, who joined the CRPF as Constable (GD) on 17th April 2001 has challenged the impugned order dated 30th June 2012 passed by the Commandant-22 Battalion, CRPF, Hazaribagh, Jharkhand dismissing him from service. The... Petitioner has also challenged an order dated 4th July 2016 passed by the Deputy Inspector General, CRPF Range Patna, Bihar (Respondent No.5) rejecting his appeal under Rule 28 of the CRPF Rules, 1955; an order dated 18th December 2016 passed by the Inspector General CRPF, Patna Bihar rejecting his revision petition, as well as the signal dated 14th Novembe...


Mar 12 2019

Arti vs.n.c.t. Of Delhi

Court: Delhi

Decided on: Mar-12-2019

$~15 + IN THE HIGH COURT OF DELHI AT NEW DELHI Crl.Appeal No.892/2001 and Crl.M.A.Nos.49988-89/2018 Decided on:-"12th March, 2019 ARTI Through: Mr. G.P.Thareja and Mr.Mani ..... Appellant Mishra, Advocates. versus N.C.T. OF DELHI ..... Respondent Through Mr.Amit Ahlawat, APP for the State. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was tried by the court of Additional Sessions Judge (in Sessions Case No.22/2000) along with one Shivraj Gupta alias Gappu on the charge for offences punishable under Section 120B of Indian Penal Code, 1860 (IPC), Section 328 read with Section 120 B IPC and Section 363 read with 120 B IPC on the gravamen that she had entered into a criminal conspiracy with the said other person (i.e. Shivraj) and in furtherance of criminal conspiracy administered sweets with intoxicating substance to the prosecutrix, a girl aged about 14 years at that point of time, to facilitate the commission of offence of she being kidnapped; the said girl havin...


Mar 12 2019

Om Shivay @ Kallu vs.state

Court: Delhi

Decided on: Mar-12-2019

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:12. 03.2019 BAIL APPLN. 2192/2018 OM SHIVAY @ KALLU versus STATE Advocates who appeared in this case: ........ Petitioner ..... Respondent Mr. Sumit Chaudhary and Ms. Aakanksha Bansal, Advs. For the... Petitioner : For the Respondent: CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Hirein Sharma, APP for the State with SI Chandra Prakash JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.217/2008 under Sections 394/397/307/3IPC read with Section 27 of the Arms Act, Police Station Defence Colony.2. The allegations in the FIR are that the complainant was going on his motorcycle. When he was standing at a red light waiting for the light to turn green, two motorcycles came and blocked his passage. Two boys each sitting on the motorcycles came and asked him to hand over all valuables and they also demanded key of the motorcycle that BAIL APPLN.2192/2018 Page 1 of 3 he was riding. When he to...


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