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Delhi Court April 2019 Judgments

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Apr 23 2019

Ritu Malik vs.land & Development Office

Court: Delhi

Decided on: Apr-23-2019

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8054/2017 % RITU MALIK ........ Petitioner Through: Mr Bharat Gupta and Mr Varun Tyagi, Advocates. versus LAND & DEVELOPMENT OFFICE ..... Respondent Through: Mr Anil Dabas, Advocate. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU ORDER2304.2019 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, impugning a demand letter dated 02.03.2015 issued by the respondent, whereby the respondent has levied misuse charges and damages amounting to 25,43,395/- in respect of the property bearing Plot No.5/12-A & 12-B, Kirti Nagar Industrial Area, New Delhi - 110015 (hereafter the Property). The said charges have been calculated for misuse from the year 1982 onwards.2. The petitioner claims that no notice was issued for misuse at the material time and therefore the charges for breaches, if any, ought to be computed for the period commencing 03.03.2014 and not from the year 1982. W.P. (C) 8054 of 2017 Page 1 of 8 3. The petition...


Apr 23 2019

Fertilizer Association of India vs.union of India and Ors

Court: Delhi

Decided on: Apr-23-2019

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:15. 04.2019 Pronounced on:23. 04.2019 CM APPLN. 8017/2015 in W.P.(C) 3050/2012 FERTILIZER ASSOCIATION OF INDIA ........ Petitioner Through: Mr. Arvind Nigam, Sr. Advocate with Ms. Kaveeta Wadia, Mr. Shashank Tripathi, Mr. Mehtaab Singh Sandhu and Mr. Pratishth Kaushal, Advocates versus UNION OF INDIA AND ORS ..... Respondent Through: Ms. Maninder Acharya, ASG with Jetley, CGSC and Mr. Vikram Sood, Mr. Harshul Mr.Sahil Choudhary and Mr. Viplav Acharya, Advocates for UOI. Mr. Kunal Dubey, Senior Manager and Mr. Vijay Sharma, Director, for R-2. Mr. Prabhas Kumar, director and Mr. Sabhin Kumar, Under Secretary for R-3. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT ORDER CM APPL. 8017/2015 in W.P.(C) 3050/2012 1. The facts of this case are that vide the writ petition, the petitioner CM APPLN. 8017/2015 in W.P.(C) 3050/2012 Page 1 of 8 sought direction thereby directing the respondent nos.1 & 2 to include / recognize the Marketing Mar...


Apr 23 2019

Ankit Gandhi vs.the State (Nct of Delhi) & Anr.

Court: Delhi

Decided on: Apr-23-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 23, 2019 + CRL.M.C. 2114/2019 ANKIT GANDHI ........ Petitioner Through: Mr. Navin Kumar, Advocate Versus THE STATE (NCT OF DELHI) & ANR. ........ RESPONDENTS Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent No.1-State with SI Vishal Tiwari Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.277/2015, under Sections 354A/451/509 of IPC, registered at Police Station Hauz Khas, New Delhi is sought on the basis of affidavit of 9th April, 2019 of respondent No.2 and on the ground that the misunderstanding which led to registration of the FIR in question, now stands cleared between the parties. 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 SI Vishal Tiwari, on the basis of identity proof produc...


Apr 23 2019

Syndicate Bank vs.sunil Kumar Sharma

Court: Delhi

Decided on: Apr-23-2019

$~29 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. d April, 2019 + W.P.(C) 11459/2016 & CM No.44934/2016 SYNDICATE BANK ........ Petitioner Through: Mr. Rajesh Mehndru and Mr. Manmohan Singh, Advocates. versus SUNIL KUMAR SHARMA ..... Respondent Through: Mr. Anuj Aggarwal and Mr. Deepak Sinha, Advocates. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGEMENT (ORAL) The petitioner has challenged the award of the Industrial Tribunal 1. whereby compensation of Rs.50,000/- has been awarded to the respondent.2. The petitioner terminated the respondent who raised an industrial dispute which was referred to the Industrial Tribunal. The petitioner contested the industrial dispute on the ground that the respondent was not appointed to any post but he was engaged for only 1 hour to 2 hours job. It was further pleaded that the respondent did not complete 240 days and was not entitled to any relief.3. The Labour Court held that termination of respondent was not legal and retrenchment c...


Apr 23 2019

Dixit Yadav & Anr. Vs.delhi Development Authority & Ors.

Court: Delhi

Decided on: Apr-23-2019

20 & 21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1054/2015 & CM18552015 SATISH KUMAR & ORS ........ Petitioners Through: Mr Rahul Sharma, Ms Jyoti Dutt Sharma, Mr Bilal Ali and Mr C.K. Bhatt, Advocates. versus DELHI DEVELOPMENT AUTHORITY & ORS. ........ RESPONDENTS Through: Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate LAC/L&B. Mr Naushad Ahmed Khan, ASC for GNCTD. Mr Dhanesh Relan, Standing Counsel for DDA with Mr Rajeev Jha and Ms Komal Sorout, Advocates. + DIXIT YADAV & ANR. ........ Petitioners W.P.(C) 5753/2015 & CM103432015 Through: Mr Rahul Sharma, Ms Jyoti Dutt Sharma, Mr Bilal Ali and Mr C.K. Bhatt, Advocates. versus Through: Mr Gautam Narayan, ASC DELHI DEVELOPMENT AUTHORITY & ORS. ........ RESPONDENTS for GNCTD with Ms Mahamaya Chatterjee, Advocates. Mr Ajay Verma, Senior Standing Counsel for DDA with Mr Arjun Pant, ASC. Mr. Yeeshu Jain, Starding Counsel with Ms. Jyoti Tyagi, Advocate LAC/L&B. W.P.(C) 1054/2015 & W.P.(C) 5753/2015 Page 1 of 7 CO...


Apr 23 2019

Dr. Faqeer Mohammad vs.jamia Millia Islamia and Anr.

Court: Delhi

Decided on: Apr-23-2019

$~ * + W.P.(C) 6152/2018 IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:25. 03.2019 Pronounced on:23. 04.2019 DR. FAQEER MOHAMMAD ........ Petitioner Through Mr. Chandra Shekhar with Mr. Prashant Shekhar, Advs. versus Through Ms. Zeba Khair, Adv. JAMIA MILLIA ISLAMIA AND ANR. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT ........ RESPONDENTS 1. Vide the present petition, the petitioner seeks direction thereby directing the respondents to apply the policy of G.P. Fund-cum-pension- Gratuity Scheme prevalent on 24.12.2003, the date when the petitioner accepted the offer of appointment and when his rights stood crystallized and finalize and disburse the petitioners retiral benefits, ignoring their decisions to the contrary.2. The case of the petitioner is that the petitioner had been the guest faculty in the Department of Chemistry from 16.09.2002 to the academic session 2003-2004 with qualification that his engagement as guest teacher was w.e.f. the date of taking the classes...


Apr 23 2019

Govt. Of Nct of Delhi & Anr. Vs.rishabh Malik

Court: Delhi

Decided on: Apr-23-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:23. 04.2019 + W.P.(C) 2074/2019 & C.M. No.9688/2019 GOVT. OF NCT OF DELHI & ANR. ........ Petitioners Through: Mrs. Avnish Ahlawat, St. Counsel, GNCTD (Services) with Mr. N.K. Singh and Ms.Ankita Ahuja Singh, Advs. versus RISHABH MALIK Through: None. .. Respondent CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. Vide the present writ petition under Articles 226 and 227 of the Constitution of India, the petitioner assails the order dated 31.10.2018 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal) in O.A. No.2832/2018 filed by the respondent. In his aforesaid original application, the respondent/applicant had challenged his exclusion from the Select list for the post of Warder (Male) Post Code in Delhi Police under the OBC category and had prayed for his appointment to the said post with all consequential benefits. W.P.(C) 2074/2019 Page 1 of ...


Apr 23 2019

Mohd. Nazim @ Sonu vs.state

Court: Delhi

Decided on: Apr-23-2019

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + BAIL APPLN. 892/2019 Judgment delivered on:23. 04.2019 MOHD. NAZIM @ SONU ........ Petitioner versus STATE ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Pushkar Sharma, Adv. For the Respondent : Ms. Meenakshi Dahiya, Addl. PP for the State with SI Dinesh Kumar, P.S.Gokulpuri. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.7395/2019 (exemption) Exemption is allowed subject to all just exceptions. BAIL APPLN. 892/2019 1. Issue Notice. Notice accepted by learned APP for the State. Status report is filed. Same is taken on record.2.... Petitioner seeks regular bail in FIR No.345/2018, under Section 498A/304B/34 IPC P.S.Gandhi Nagar. Subsequently during investigation Section 306 IPC has been added. Charge has been framed against the petitioner under Sections 498A/304B/34 IPC and alternatively under Section 302 IPC. BAIL APPLN. 892/2019 Page 1 of 3 3. The deceased was ...


Apr 23 2019

Sobaran Singh & Ors. Vs.govt. Of Nct of Delhi

Court: Delhi

Decided on: Apr-23-2019

$~4 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. d April, 2019 + CRL.A.783/2002 and Crl.M.A.5474-5475/2019; 5517/2019 SOBARAN SINGH & ORS. ..... Appellants Through: Mr. Pawan K. Bahl, Advocate with Appellants in person. versus GOVT. OF NCT OF DELHI ..... Respondent Through: Mr. Amit Ahlawat, APP for the State with ASI Gabbar Singh, PS Kalyan Puri. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The appellants were sent up for trial to the court of sessions (in Sessions Case No.60/2001) on the basis of evidence gathered during investigation of first information report (FIR) No.185/2000 of Police Station Kalyan Puri and were proceeded against on the charge for offences punishable under Sections 452 and 308 read with Section 34 of the Indian Penal Code, 1860 (IPC).2. By judgment dated 16.09.2002, the Additional Sessions Judge (ASJ) presiding over the said trial held that the charge under Section 452 IPC had not been brought home. The appellants were, thus, Crl. A7832002 Pag...


Apr 23 2019

Aruvita Mishra vs.delhi University & Anr

Court: Delhi

Decided on: Apr-23-2019

$~37 * + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA2632019 ARUVITA MISHRA ..... Appellant Through: Mr.Apoorv Agarwal, Advocate with Mr.Nayam Gautam and Mr.Abhimanyu Jhalani, Advocates. versus DELHI UNIVERSITY & ANR ........ RESPONDENTS Through: Mr.Mohinder J.S.Rupal, Advocate with Mr.Prang Newmai, Advocate for R-1/University of Delhi. Mr.Amit Bansal, Advocate with Ms.Seema Dolo, Advocate for R-2. CORAM: JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA % ORDER2304.2019 Dr. S. Muralidhar, J.:1. The present appeal is directed against an order dated 9th April 2019 passed by the learned Single Judge dismissing the Appellants W.P. (C) 3144/2019 whereby she had sought for a direction to the Respondent No.1 Delhi University to permit her to sit for the 6th Semester of B.Com (Hons.) Course.2. The admitted fact is that the 6th Semester exams were held in May 2015. The Appellant cleared all papers in the 6th Semester except the Business Communications. According to the Appellant, she was unable to appear ...


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