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Delhi Court July 2019 Judgments

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Jul 17 2019

Baby Devananda D (Minor) Thr Her Mother Deepa S and Anr vs.employees S ...

Court: Delhi

Decided on: Jul-17-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * + W.P.(C) 8503/2017 BABY DEVANANDA D (MINOR) THR HER MOTHER DEEPA S AND ANR ........ Petitioners Through Mr. Ashok Agarwal with Mr. Kumar Utkarsh, Advocates versus EMPLOYEES STATE INSURANCE CORPORATION AND ORS. ........ RESPONDENTS Through Ms. Shyel Trehan, Amicus Curiae and Advocate with Ms. Sonali Malik, Advocate. Mr.Yakesh Anand and Mr.Nimit Mathur, Advocates with Dr.Naresh Kumar Arora, Addl. Director (Insp.) and Mr. Dhruv Prasad, UDC for ESIC. Ms. Amrita Prakash, CGSC with Mr.Hari Shankar Sharma, Advocates for UOI/R-2 and 3. Mr. Rajshekhar Rao with Mr. Kotla Harshavardhan, Ms. Mansi Sood and Mr. Gaurav Sansanwal, Advocates for Sanofi Genzyme. AND + W.P.(C) 699/2018 MASTER HARSHA D.S. (MINOR) THROUGH HIS FATHER SHANKARAPPA D.S. AND ANR ........ Petitioners Through Mr. Ashok Agarwal with Mr. Kumar Utkarsh, Advocates W.Ps.(C)8503/2017 & 699/2018 Page 1 of 56 versus EMPLOYEES STATE INSURANCE CORPORATION AND ORS. ........ RESPONDENTS Through ...


Jul 17 2019

Monica Anand Kumar vs.union of India

Court: Delhi

Decided on: Jul-17-2019

$~45 & 46 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:17. h July, 2019 + W.P.(C) 6875/2019 & CM APPL.28623/2019 MONICA ANAND KUMAR ........ Petitioner Through: Mr.Hemant Gupta, Mr.Alok Sharma, Ms.Sunakshi Gupta, Advocates versus UNION OF INDIA ..... Respondent Through: Mr.Ravi Prakash, CGSC with Mr.Farman Ali, Mr.Aman Malik, Mr.Mohd.Shahan Ulla, Advocates + W.P.(C) 6899/2019 & CM APPL.28688/2019 1. HEMANT GUPTA Through: In person versus ........ Petitioner ..... Respondent UNION OF INDIA Through: Mr.Arun Bhardwaj, Advocate CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The petitioners have challenged the selection process for the post of Member of Income Tax Appellate Tribunal.2. Vide circular dated 06th July, 2018, the Government invited applications for appointment to the posts of Member (Judicial/Accountant), W.P.(C) 6875/2019 & W.P.(C) 6899/2019 Page 1 of 5 Income Tax Appellate Tribunal (ITAT). The qualifications of the Judicial Member, ITAT as given in para...


Jul 17 2019

Surender (Ex. Constable) vs.union of India and Ors.

Court: Delhi

Decided on: Jul-17-2019

$~42. * + % W.P.(C.) No.2819/2019 SURENDER (EX. CONSTABLE) IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17.07.2019 ........ Petitioner Through: Mr. J.K. Singh with Mr. Varun Bhadola, Advs. versus UNION OF INDIA & ORS. .....Respondent Through: Mr. Jivesh Tiwari, Sr. Panel Counsel. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR VIPIN SANGHI, J.(ORAL) 1. The petitioner has preferred the present writ petition to seek quashing of the order dated 02.11.2018, as well as the order dated 23.07.2018 passed by the respondents under Rule 25 of the BSF Rules, 1969. By the earlier order dated 23.07.2018, the petitioner was retired from service on the ground of his physical unfitness w.e.f. 23.07.2018 under Rule 25 of the BSF Rules, 1969 without any pensionary benefits, as he had not completed 10 years of qualifying service. The subsequent order dated 02.11.2018 was passed on the petitioners representation submitted to the Inspector General, BSF, wherein the...


Jul 17 2019

Sbi General Insurance Co Ltd. Vs.suman Yadav & Ors.

Court: Delhi

Decided on: Jul-17-2019

$~50 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:17. 07.2019 MAC.APP. 675/2019, CM APPLs. 31730-31/2019 SBI GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. Sameer Nandwani, Adv. versus SUMAN YADAV & ORS ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award only apropos the quantum of compensation on the ground that the Income Tax Returns (ITR) for two years of the deceased which was which filed after his unfortunate demise was taken into consideration.2. It is the appellants argument that if the deceased was a regular income tax payee then the ITRs of the previous two years prior to his demise ought to have also been taken into consideration so that the Tribunal could have satisfied itself that the ITRs were not solely built up for the sake of claiming an inflated compensation. MAC.APP. No.675/2019 Page 1 of 3 3. The ITRs were filed for the Assessment Years (AY) 2013-14 & 2014- 15. The accident happe...


Jul 17 2019

M/S Umaxe Projects Private Limited Through: Its Director vs.air Force ...

Court: Delhi

Decided on: Jul-17-2019

$~22 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P.(I) (COMM.) 199/2019 M/S UMAXE PROJECTS PRIVATE LIMITED THROUGH: ITS DIRECTOR ........ Petitioner Through: Mr. Viplav Sharma, Advocate. AIR FORCE NAVAL HOUSING BOARD THROUGH: THE DIRECTOR versus GENERAL & ANR. ........ RESPONDENTS Through: Mr. Nishant Kumar, Advocate with Sh. S.K. Gaur, Wing Cdr. Mr. V.K. Gupta, Advocate Respondent No.2. for CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA % ORDER1707.2019 SANJEEV NARULA, J.: I.A. 8565/2019 (Exemption) 1. Exemption allowed, subject to all just exceptions. O.M.P.(I) (COMM.) 199/2019 Brief factual background 2.... Petitioner is a construction company. Respondent No.1 (Air Force Naval Housing Board, hereinafter AFNHB) is a society registered under the Societies Registration Act, 1860. O.M.P.(I) (COMM.) 199/2019 Page 1 of 10 3. In 2017, the Respondent No.1 issued a Notice Inviting Tender (NIT) dated 17th October 2017 for balance of construction of all civil work, external development work, in...


Jul 17 2019

Shivom Minerals Limited & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Jul-17-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: July 05, 2019 Pronounced on: July 17, 2019 + CRL.M.C. 4984/2018 and CRL.M.A. 33208/2018 & CRL.M.As. 5733-5734/2019 CRL.M.C. 4981/2018 and CRL.M.A. 33202/2018 CRL.M.C. 4980/2018 and CRL.M.A. 33200/2018 CRL.M.C. 4983/2018 and CRL.M.A. 33206/2018 CRL.M.C. 4982/2018 and CRL.M.A. 33204/2018 CRL.M.C. 4969/2018 and CRL.M.A. 33143/2018 + + + + + SHIVOM MINERALS LIMITED & ORS. SH. R.P. GUPTA .....Petitioners STATE & ANR. Through: Mr. N. Hariharan, Senior Advocate with Mr. Ashwani Kr. Dhatwalia, Ms. Iti Sharma and Mr. Kuljeet Rawal, Advocates. Versus Through: Mr. .....Respondents Izhar Ahmad, Additional Public Prosecutor for State. Mr. Ashish Pratap Singh & Ms. Deepa Sharma, Advocates for respondent No.2. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER In the above captioned six petitions quashing of complaints under Section 138 of Negotiable Instruments Act, 1881 and the summoning orders was sought initially on the ground that the cheques in qu...


Jul 17 2019

Ircon International Ltd vs.m/s Pcl -Brahmaputra Consortium Ltd (Jv)

Court: Delhi

Decided on: Jul-17-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved On 11.03.2019 Pronounced On 17.07.2019 + O.M.P. (COMM) 82/2017 & I.A. No.6306/2018 IRCON INTERNATIONAL LIMITED Through: Mr. Chandan Kumar, Advocate. versus ........ Petitioner M/S PCL-BRAHMAPUTRA CONSORTIOUM LTD (JV) & ANR Through: Mr. Anil Seth, Advocate. ........ RESPONDENTS + O.M.P. (COMM) 83/2017 & I.A. No.6023/2018 IRCON INTERNATIONAL LTD Through: Mr. Chandan Kumar, Advocate. versus ........ Petitioner M/S PCL -BRAHMAPUTRA CONSORTIUM LTD (JV)..... Respondent Through: Mr. Anil Seth, Advocate. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.O.M.P. (COMM.) 82-83/2017 1. The captioned petitions assail two separate awards passed by a common arbitrator in respect of disputes erupting between IRCON International Ltd. (hereafter referred to as 'IRCON') and PCL-Brahmaputra Consortium Ltd. (JV) (hereafter referred to as PCL). The award dated 28.5.2010 is the subject matter of O.M.P.(COMM) 82/2017 while the award dated 29.4.20...


Jul 17 2019

M/S National Highways Authority of India vs.m/s Pcl Suncon (Jv)

Court: Delhi

Decided on: Jul-17-2019

$~R-53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 1232/2012 Date of Decision :17. h July, 2019 M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA ........ Petitioner Through: Ms.Padma Priya, Ms.Soumya Priyadarshinee, Ms.Kritika Shukla, Advs. versus M/S PCL SUNCON (JV) ..... Respondent Through: Dr.Amit George, Mr.Swaroop George, Mr.Rishabh Dheer, Mr.Amol Acharya, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the Arbitral Award dated 23.08.2012 passed by the Majority of Arbitral Tribunal adjudicating the disputes that have arisen between the parties in relation to the work of Four laning and Strengthening of existing 2-lane Highway section from Km 317+000 to Km 65+000 on NH-2 (Package IV-A) in the State U.P. and Bihar O.M.P. No.1232/2012 Page 1 Construction Package IV A (Contract Agreement No.GTRIP/5).2. D...


Jul 17 2019

Rashi vs.union of India and Ors.

Court: Delhi

Decided on: Jul-17-2019

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. 07.2019 + W.P.(C) 10544/2018 & CM APPL. 41135-41136/2018 RASHI ........ Petitioner Through: Mr. Prateek Tushar Mohanty, Ms.Payal Mohanty and Mr. Tushar Ranjan Mohanty, Advocates Versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Ms. Anuja Saxena, Advocates for R-2 to R-4 CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) 1. Vide the present petition, the petitioner seeks direction to set aside the impugned verbal order/direction to the petitioner not to attend office with effect from 03.10.2018. Consequently, direct the respondents to take action in terms of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.2. The brief facts of this case are that the present petitioner was appointed as a Data Entry Operator on contract basis for the respondent no.2 Council to work in the Statistics Division. The petitioner and three other ladies were interviewed in the re...


Jul 17 2019

Shivom Minerals Limited & Ors. Sh. r.p. Gupta vs.state & Anr.

Court: Delhi

Decided on: Jul-17-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: July 05, 2019 Pronounced on: July 17, 2019 + CRL.M.C. 4984/2018 and CRL.M.A. 33208/2018 & CRL.M.As. 5733-5734/2019 CRL.M.C. 4981/2018 and CRL.M.A. 33202/2018 CRL.M.C. 4980/2018 and CRL.M.A. 33200/2018 CRL.M.C. 4983/2018 and CRL.M.A. 33206/2018 CRL.M.C. 4982/2018 and CRL.M.A. 33204/2018 CRL.M.C. 4969/2018 and CRL.M.A. 33143/2018 + + + + + SHIVOM MINERALS LIMITED & ORS. SH. R.P. GUPTA .....Petitioners STATE & ANR. Through: Mr. N. Hariharan, Senior Advocate with Mr. Ashwani Kr. Dhatwalia, Ms. Iti Sharma and Mr. Kuljeet Rawal, Advocates. Versus Through: Mr. .....Respondents Izhar Ahmad, Additional Public Prosecutor for State. Mr. Ashish Pratap Singh & Ms. Deepa Sharma, Advocates for respondent No.2. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER In the above captioned six petitions quashing of complaints under Section 138 of Negotiable Instruments Act, 1881 and the summoning orders was sought initially on the ground that the cheques in qu...


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