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Delhi Court April 2019 Judgments

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Apr 30 2019

Regional Director Esic vs.m/s Ak Motor Workshop & Anr.

Court: Delhi

Decided on: Apr-30-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h April, 2019 CRL.L.P. 292/2019 REGIONAL DIRECTOR ESIC ........ Petitioner Represented by: Mr. A.K. Verma, Advocate versus M/S AK MOTOR WORKSHOP & Anr. Represented by: None ..... Respondent CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) Crl. M.A. No.9130/2019 (Exemption) Exemption allowed subject to just exceptions. Crl.M.A. No.9131/2019 (Delay) For the reasons stated in the application delay of 131 days in re-filing the leave to appeal petition is condoned. Application is disposed of. CRL.L.P. 292/2019 & Crl.M.A. 9129/2019 (for additional documents) 1. Aggrieved by the judgment dated 29th November 2017, whereby the learned Metropolitan Magistrate acquitted the respondent for the offences punishable under Sections 85 (a) and (e) of the Employee State Insurance Act (in short ESIC Act), the petitioner/complainant has preferred the present leave petition.2. Briefly stated, the case of the complainant as per the com...


Apr 30 2019

M/S Icici Bank Limited vs.jetesh Prasher

Court: Delhi

Decided on: Apr-30-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CM (M) 138/2019 Judgment reserved on :30. 01.2019 & 29.03.2019 Date of decision :30.04.2019 M/S ICICI BANK LIMITED ........ Petitioner JETESH PRASHER Through: Mr. Punit K Bhalla, Advocate versus Through: None. ..... Respondent CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. The petitioner M/s ICICI Bank Limited vide the present petition, a CM(M) calling it an appeal seeks the setting aside of an order dated 29.09.2018 of the learned trial Court of the Civil Judge-03 (Central) in Suit No.2882/2018 vide which the prayer made by the petitioner herein as plaintiff of the said suit seeking an ex-parte appointment of the receiver under Order 40 Rule 1 of the CPC, 1908 to take over the possession of the vehicle CITY/D-SVMT bearing registration No.DL-1CQ-7304 was declined, observing to the effect that it would amount to injustice to the defendant i.e. the respondent herein if the application was allowed ex-parte in as much as ther...


Apr 30 2019

Gopal Srivastava vs.the Govt (Nct of Delhi) & Ors

Court: Delhi

Decided on: Apr-30-2019

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:30. 04.2019 + LPA2132016 GOPAL SRIVASTAVA Through: Mr. M.M. Kashyap ..... Appellant and Mr. versus Mushtaque Ahmad, Advocates. THE GOVT (NCT OF DELHI) & ORS ........ RESPONDENTS Through: Mr. Sanjoy Ghose, Advocate for GNCTD. Mr. Akhil Mittal, Advocate NDMC. for CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. This appeal lays challenge to an order passed by a learned Single Judge of this Court dated 30.10.2015.2. Mr. M.M. Kashyap, learned counsel appearing for the appellant submits that the appellant is a regular street vendor and he has been vending outside Shani Mandir, Chandni Chowk for the past many years. It is also the case of the appellant that he had applied under the Scheme of 2007. The officers of the respondent have been threatening to remove him and he is not allowed to carry out his trade and business without obstruction. Additionally, he submits that since he ...


Apr 30 2019

S. M . Y. College of Education vs.national Council for Teacher Educati ...

Court: Delhi

Decided on: Apr-30-2019

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. h April, 2019 + W.P.(C) 4552/2019 & CM APPL. 20273/2019 S. M . Y. COLLEGE OF EDUCATION ........ Petitioner Through: Mr. Ravi Kant and Mr. Mayank Manish, Advs. versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR. Through: Ms. Arunima Dwivedi, SC for NCTE with Ms. Preeti Kumra, Adv. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) Issue notice to the respondents. Notice is accepted by Ms. Arunima Dwivedi, learned SC, on % 1.2. behalf of the respondents.3. In view of the recital which follows, I am proceeding to dispose of this writ petition, with consent of learned counsel for the parties, without awaiting completion of pleadings.4. The decision of the Western Regional Committee (WRC) of the National Council for Teacher Education (hereinafter referred to as the NCTE) taken in its meeting conducted between 2nd and 4th April, 2019, which is impugned in the present writ petition, rejects the...


Apr 30 2019

M/S Ved Prakash Mithal and Sons vs.kirorimal College & Ors.

Court: Delhi

Decided on: Apr-30-2019

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. h April, 2019 + CS(COMM) 580/2016 M/S VED PRAKASH MITHAL AND SONS ..... Plaintiff Through Mr. Peeyoosh Kalra and Mr. L. S. Versus Aincol, Advocates (M:70427. 9055) KIRORIMAL COLLEGE & ORS. ..... Defendants Through Mr. Santosh Kumar, Mr. Bibin Kurian and Mr. Sarthak Agarwal, Advocates for D-1 & D-2 (M. No.9818309301) Mr. Hardik Rupal and Mr. Prang Newmai, Advocates for University of Delhi (M.No.9811151216) 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. 2,59,95,243/- along with interest against the Principal, Kirorimal College Defendant no.1 and its Chairman Secretary, The Management/Governing Body of Kirorimal College Defendant no.2.2. No relief is pressed for against Defendant no.3 Vice Chancellor, Delhi University. Accordingly, Defendant No.3 is deleted from the array of parties.3. A tender was floated by Kirorimal College, Univer...


Apr 30 2019

Suresh Kumar & Ors vs.govt. Of Nct of Delhi Through Its Chief Secretar ...

Court: Delhi

Decided on: Apr-30-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:-"30.04.2019 + W.P.(C) 11325/2016 SURESH KUMAR & ORS ........ Petitioner Through Mr.Jasmeet Singh with Mr.Srivats Kaushal, Advs. versus GOVT. OF NCT OF DELHI THROUGH ITS CHIEF SECRETARY & ANR ..... Respondent Through Ms.Latika Choudhary, Adv. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI VIPIN SANGHI, J (ORAL) 1. The petitioners have preferred the present petition to assail the order dated 12.01.2016 passed by the Principal Bench, Central Administrative Tribunal, New Delhi in O.A.No.3589/2013. The petitioners had preferred the said original application primarily to seek a declaration that the posts of Store Staff, i.e., Assistant Store Keeper, Store Keeper and Store Superintendent, in the Industrial Training Institute (ITI) in Delhi are technical posts as per the norms and guidelines of the Directorate General of Employment and Training (DGE&T). Vide the impugned order, the Tribunal has rejected the...


Apr 30 2019

Union of India & Anr vs.shanker Raju

Court: Delhi

Decided on: Apr-30-2019

$~43 * + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA2862019 & CM APPL.20155/2019 (stay) UNION OF INDIA & ANR ..... Appellants SHANKER RAJU Through: Mr.Arun Bhardwaj, Advocate. versus Through: Respondent in person. ..... Respondent CORAM: JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA ORDER3004.2019 % Dr. S. Muralidhar, J.:1. The Union of India has in this appeal challenged an order dated 23rd January 2019 passed by the leaned Single Judge allowing the writ petition filed by the Respondent and declaring that he is for the purposes of calculating the qualifying service for pension, entitled to add 10 years of his practice at the bar along with his service as Member (Judicial) of the Central Administrative Tribunal (CAT) as in the case of those Members (Judicial) of CAT appointed after 19th February 2007.2. The facts in brief are that the... Petitioner was enrolled as an Advocate with the Bar Council of Delhi on 12th October 1984. He was appointed Member (Judicial) in the CAT, Principal Bench, on...


Apr 29 2019

Sanjay Kumar Singh vs.c B I

Court: Delhi

Decided on: Apr-29-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: March 14, 2019 Pronounced on: March 29, 2019 + CRL.A. 698/2014 SANJAY KUMAR SINGH ..... Appellant Through: Mr. Harsh Kumar Sharma & Ms. Vaibhavi Sharma, Advocates C B I Versus Through: Mr. Sanjeev Bhandari, Special ..... Respondent Public Prosecutor with Mr. Prateek Kumar, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER Impugned judgment of 22nd May, 2014 holds appellant and his co- accused Hari Chand and Subhash Narain guilty of the offence under Section 120B IPC r/w Section 7 of Prevention of Corruption Act, 1988 (hereinafter referred to as the PC Act) and also for the offence under Section 13(1) (d) of PC Act. Vide order of 23rd May, 2014, appellant and his co-accused have been sentenced to rigorous imprisonment for four years with fine of 1,00,000/- with default clause for the offence under Section 120B IPC and similar sentence has been awarded to appellant and his co-accused for offence under Section 7 of PC Act. For the ...


Apr 29 2019

Institute of Banking & Personnel Selction vs.ghanshyam Kumar & Ors

Court: Delhi

Decided on: Apr-29-2019

$~6 & 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA282019 & CM APPL. 2075/2019 ..... Appellant Through: Mr.Jagat Arora with Mr.Rajat Arora & Mr.Murad Khan, Advocates. PUNJAB NATIONAL BANK GHANSHYAM KUMAR & ORS versus ........ RESPONDENTS Through: Mr.Sarvesh K.Dubey, Advocate. + LPA302019 & CM APPL. 2113/2019 INSTITUTE OF BANKING & PERSONNEL SELCTION ..... Appellant Through: Mr.Jagat Arora with Mr.Rajat Arora GHANSHYAM KUMAR & ORS Through: Mr.Sarvesh K.Dubey, Advocate. & Mr.Murad Khan, Advocates. ........ RESPONDENTS versus CORAM: JUSTICE S.MURALIDHAR JUSTICE MANOJ KUMAR OHRI ORDER2904.2019 % Dr. S. Muralidhar, J.:1. These two appeals are directed against the same impugned judgment LPAs 28 & 30/2019 Page 1 of 10 dated 16th November 2018 passed by the learned Single Judge allowing WP (C) 4674 of 2015 filed by Respondent No.1.2. The background facts are that the Institute of Banking and Personnel Selection (IBPS) issued an advertisement on 10th July 2013 for recruitment on the post of...


Apr 29 2019

Pawan Kumar vs.commissioner of Police & Ors

Court: Delhi

Decided on: Apr-29-2019

PAWAN KUMAR + W.P.(C) 4420/2019 & C.M.No.19680/2019 COMMISSIONER OF POLICE & ORS versus CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. Through Ms.Vibha Mahajan Seth, Adv. ..... Respondent $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:-"29.04.2019 Through Mr.Siddhartha Nanwal, Adv. ........ Petitioner The present petition under Articles 226 and 227 of the Constitution of India assails order dated 27.09.2018 passed by the Principal Bench, Central Administration Tribunal, New Delhi (Tribunal) in O.A. No.2244/2013. By way of the impugned order, the Tribunal has dismissed the aforesaid original application, filed by the petitioner/applicant challenging his dismissal from service from the Delhi Police.2. The petitioner was enlisted as a Constable in Delhi Police on 08.11.2005. Vide order dated 13.04.2011, a departmental enquiry was ordered to be held against him, on the allegations of outraging the modesty of a woman and remai...


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