Delhi Court March 2019 Judgments
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Indcare&karma vs.north Delhi Municipal Corporation & Anr.
Court: Delhi
Decided on: Mar-27-2019
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P.813/2018 Date of Decision :27. h March, 2019 INDCARE&KARMA ........ Petitioner Through: Mr.Manikya Khanna, Adv. versus NORTH DELHI MUNICIPAL CORPORATION & ANR. ........ RESPONDENTS Through: Ms.Supreet Bambra, Mr.Sunil Goel, Mr.Mayank Goel, Advs. for NDMC. Mr.Dhanesh Relan, Mr.Rajeev Jha and Ms.Gauri Chaturvedi, Advs. for SDMC. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of an Arbitrator for adjudicating the disputes that have arisen between the parties in relation to the Agreement dated 05.11.2008 executed between the petitioner and the erstwhile Municipal Corporation of Delhi. Arb.P. 813/2018 Page 1 2. The said Agreement contained an Arbitration Agreement in form of Clause 35 thereof which is reproduced hereinbelow: 35. In case of any dispute, arising out of the o...
Banwari Lal (Since Deceased) Thr Lrs & Anr vs.mahender Pal Gupta
Court: Delhi
Decided on: Mar-27-2019
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:18. h March, 2019 Pronounced on:27. h March, 2019 + RC.REV. 297/2018 & CM APPL Nos.26573/2018, 54589/2018 BANWARI LAL (SINCE DECEASED) THR LRS & ANR ........ Petitioners MAHENDER PAL GUPTA ..... Respondent Through : Mr.Anil Kumar Sharma, Mr.Vikas Kumar Sharma and Mr.Sanjay Garg, Advocates. Through : Mr.H.P.Aditya, Advocate. versus CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This petition challenges the impugned order dated 08.05.2018 passed by the learned Trial Court whereby the application for leave to defend application of the petitioner was dismissed in eviction petition No.E837/2017 titled as Mahender Pal Gupta vs Banwari Lal (since deceased) in respect of Shop No.10893/8, Ward No.XIV, East Park Road, Manakpura, Near Filmistan Cinema, Karol Bagh, New Delhi- 110005 (hereinafter tenanted shop) and an eviction order was passed.2. The respondent filed the eviction petition under Section 14 (1) (e) of the Delhi ...
Rajesh Kumar & Ors vs.the State (Nct of Delhi) & Anr
Court: Delhi
Decided on: Mar-27-2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 27, 2019 + CRL.M.C. 1617/2019 & CRL.M.A. 6476/2019 RAJESH KUMAR & ORS .....Petitioners Through: Mr. Rohit Sharma and Ms. Namrata Sharma, Advocates Versus THE STATE (NCT OF DELHI) & ANR .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI Harish Kumar Ms. Devki Nandan, Advocate with Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.102/2017, under Sections 498-A/4of IPC, registered at police station Swaroop Nagar, Delhi is sought on the basis of settlement of 2nd April, 2018 (Annexure P-2) reached between the parties. Upon notice, learned Additional Public Prosecutor for respondent No.1-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 Harish Kumar on the basis of identity proof produced by her. CRL.M.C. 1617/2019 Page 1 of 3 Respondent No...
State (govt.of Nct of Delhi) vs.prem @ Manish Kumar
Court: Delhi
Decided on: Mar-27-2019
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:27. h March, 2019 CRL.LP. 168/2018 Through: Mr. Tarang Srivastava, APP with ASI Subhash Sharma, PS Mangol Puri. ....Appellant STATE (GOVT.OF NCT OF DELHI) Versus PREM @ MANISH KUMAR Through: Mr. S. K. Bharti, Advocate. ....Respondent SANGITA DHINGRA SEHGAL, J (ORAL) 1. By the present Leave Petition filed under Section 378 (3) of the Code of Criminal Procedure(hereinafter referred as 'Cr.P.C.'), the State seeks leave to appeal against the judgment dated 20.11.2017 passed by the learned Trial Court in case FIR No.884/2013, whereby the respondent (accused before the Trial Court) was acquitted of the charges punishable under Section 354D/509of the Indian Penal Code(hereinafter referred as 'IPC') and Section 12 of the POCSO Act.2. Brief facts of the case, as noticed by the Learned Trial Court, are as under: - i. The prosecutrix was taking tuition classes from the accused when she was in class 10th and the accused since then was...
Tapan Sharma vs.state
Court: Delhi
Decided on: Mar-26-2019
$~45&10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:26. 03.2019 BAIL APPLN. 133/2019 TAPAN SHARMA STATE ........ Petitioner versus ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr.Shrey Sharawat, Advocate. For the Respondent : Mr.Hirein Sharma, APP for the State with SI Surender Singh, P.S.Dwarka Sector-23. Mr.R.N.Sharma, Adv. for the complainant. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 6386/2019 (seeking to place on record the additional documents) Learned counsel for the petitioner submits that in view of the report of the FSL, which has been received and placed on record, he does not press the application and seeks leave to withdraw the same. Accordingly, the application is dismissed as withdrawn. BAIL APPLN. 133/2019 1.... Petitioner seeks regular bail in FIR No.56/2018 under Sections 498A/3IPC, Police Station Sector-23, Dwarka. BAIL APPLN. 133/2019 Page 1 of 3 2.... Petitioner ...
R C Bhatia vs.shyam Lal College(evening) Through Its Principal and Ors
Court: Delhi
Decided on: Mar-26-2019
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: Pronounced on:19. 02.2019 26.03.2019 + W.P.(C) 12712/2009 & CM APPLN. 13404/2009 & 21945/2010 R C BHATIA ........ Petitioner Through Dr.Aurobindo Ghose, Adv. with Mr.Prem Bhushan Dewan & Ms.Gurjeet Kaur, Advs. versus SHYAM LAL COLLEGE(EVENING) THROUGH ITS PRINCIPAL AND ORS ........ RESPONDENTS Through Mr.Yashraj Singh Deora, Adv. with Mr.Shyam Agarwal, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT For detailed judgment, see W.P. (C) 8597/2009 titled Swarn Bhanot Vs. University of Delhi & Ors. dated 26.03.2019. MARCH26 2019 ab (SURESH KUMAR KAIT) JUDGE...
Seema Mishra & Ors vs.manoj Kumar @ Manoj Kumar Chaudhary & Anr
Court: Delhi
Decided on: Mar-26-2019
$-9 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:26. 03.2019 MAC. APP. 792/2018 SEEMA MISHRA & ORS ..... Appellants Through Mr. Shekhar Aggarwal, Advocate. versus MANOJ KUMAR @ MANOJ KUMAR CHAUDHARY & ANR ........ RESPONDENTS Through Mr. Pankaj Seth, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE A.K. CHAWLA JUDGMENT A.K. CHAWLA, J.(ORAL) 1. By the instant appeal, the appellants assail the judgment-Award dated 28.05.2018 passed by MACT, Karkardooma Court, whereby, a petition under Sections 166 and 140 of the Motor Vehicle Act, 1988, in short 'the MV Act', seeking compensation on account of death of Vinodanand Mishra, in short 'the deceased', purportedly, on account of injuries sustained by him in a motor accident, was dismissed.2. Concisely, the relevant facts are that the claimants filed the petition seeking compensation on the premise that on 04.05.2015 at about 6:30a.m., when the deceased on his bicycle was going for his duty to Mohan Nagar, U.P. and reached MR ...
Saarschmiede Gmbh Freiformschmiede vs.bharat Heavy Electricals Ltd
Court: Delhi
Decided on: Mar-26-2019
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h March, 2019 CS(COMM) 486/2016, IA No.5646/2016 (for condonation of delay of 105 days in re-filing the suit) & IA No.8091/2018 (u/S8of the Arbitration & Conciliation Act, 1996). SAARSCHMIEDE GMBH FREIFORMSCHMIEDE .... Plaintiff Through: Mr. Atul Sharma, Mr. Abhinav Agnihotri & Ms. Purva Kohli, Advs. Versus BHARAT HEAVY ELECTRICALS LTD ..... Defendant Through: Mr. Pallav Kumar, Mr. Dibya Nishant & Mr. Gautam Mann, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.8091/2018 (of the defendant under Section 8 of the Arbitration & Conciliation Act, 1996) 1. This application came up first before this Court on 1st June, 2018 when the following order was passed: 4. The defendant in this suit, now confined only to recovery of money, seeks reference of the parties to arbitration.5. The counsel for the plaintiff appears on advance notice and seeks time to file reply.6. On such applications, adjournment cannot be granted a...
B. Rudragouda vs.union of India & Ors
Court: Delhi
Decided on: Mar-26-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:26. 03.2019 + W.P. (C) 5121/2015 & CM Nos. 9274/2015 & 12629/2015 B. RUDRAGOUDA Versus UNION OF INDIA & ORS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS ...Petitioner ...Respondents :Mr S. Ganesh, Senior Advocate, Mr Dhruv : Mehta, Senior Advocate and Mr Sameer : Abhyankar. :Mr Joseph Aristotle S for R-3, Mr Sandeep : Sethi, Senior Advocate with Ms Kirti : Mishra and Ms Apurva Upmanyu for R-4. AND + W.P.(C) 6456/2015 ...Petitioner M/S P.M. MINES & MINERALS PRIVATE LIMITED UNION OF INDIA & ORS Versus ...Respondents Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS :Mr Naresh Kaushik, Advocate. :Mr Ripu Daman Bhardwaj, CGSC with Mr T.P. Singh, Advocate for R1. Mr Sandeep Sethi, Senior Advocate with Ms Kirti Mishra, Ms Apurva Upmanyu, Advocates for R4/SAIL. Mr Joseph Aristotle S., Advocate with Ms Priya Aristotle, Mr Shikq P., Advocate for R2 and R3 State of...
Venezia Mobili (India) Pvt. Ltd. Vs.ramprastha Promoters & Developers ...
Court: Delhi
Decided on: Mar-26-2019
$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 760/2017 VENEZIA MOBILI (INDIA) PVT. LTD. ..... Plaintiff Through: Mr. Tanmaya Mehta with Mr. Rajeev Mishra, Advocates versus RAMPRASTHA PROMOTERS & DEVELOPERS PVT. LTD. & ORS. ..... Defendants Through: Mr. Gaurav Mitra with Mr. Shivendra Dwivedi, Mr. Nitin Sharma and Ms. Rashmita Roy Chowdhury, Advocates CORAM: HON'BLE MR. JUSTICE MANMOHAN Reserved on : Date of Decision:26. h March, 2019 18th February, 2019 JUDGMENT MANMOHAN, J (Oral) I.As. 14036/2017 & 14064/2017 1. The present suit has been filed for recovery of Rs. 2,18,58,875/- (Rupees Two Crores Eighteen Lacs Fifty Eight Thousand Eight Hundred and Seventy Five Only) along with interest @ 18% per annum. The prayer clause in the present suit is reproduced hereinbelow:-"a) This Honble Court may kindly be pleased to pass a decree for Rs. 2,18,58,875/- (Rupees Two Crore Eighteen Lacs Fifty Eight Thousand Eight Hundred & Seventy Five Only) along with interest @18% p.a. from 15.0...
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