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Delhi Court August 2019 Judgments

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Aug 19 2019

Residents of Bodal Gali vs.east Delhi Municipal Corporation

Court: Delhi

Decided on: Aug-19-2019

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:19. h August, 2019 + W.P.(C) 4028/2019 RESIDENTS OF BODAL GALI ........ Petitioner Through Mr. Harsh Kumar, Advocate. versus CORAM: EAST DELHI MUNICIPAL CORPORATION Through Ms. Biji Rajesh & Mr. Aman S. Bakshi, Advocates. ..... Respondent HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) CM. APPL181992019 (Exemption) 1. Exemption allowed, subject to all just exceptions.2. Application stands disposed of. W.P.(C) 4028/2019 3. The present writ petition has been instituted by the residents of Bodal Gali seeking the following prayers : a) Issue a Writ of Certiorari or Any Other Appropriate Writ, Order or Direction Under Article 226 of the Constitution of India Quashing / Reading Down the Notification No.F.33/Naming & Re. Naming 1871/C&C dated Notification No.F.33/Corporation/886/C&C dated 06.03.2017 of the respondent being ultra-vires/ unconstitutional and as being violative of Article 14 a...


Aug 19 2019

Shafi @ Lovely vs.the State of Delhi (Nct of Delhi)

Court: Delhi

Decided on: Aug-19-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 1493/2019 Reserved on :13. 08.2019 Date of Decision :19. 08.2019 IN THE MATTER OF: SHAFI @ LOVELY Through: Mr. R.P. Luthra, Mr. Sourabh Luthra and Mr. Mohit Budhiraja, Advocates. ........ Petitioner versus THE STATE ..... Respondent Through: Ms. Radhika Kolluru, APP for the State. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI1 The present application has been filed under Section 439 Cr.P.C. seeking regular bail in FIR No.72/2018 under Sections of NDPS Act registered at PS Crime Branch, Delhi.2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that charge sheet has already been filed and the petitioner is no more required for any investigation. He further submits that his search was not conducted before the Gazetted Officer in terms of Section 50 of NDPS Act therefore he ought to be released on bail.3. In support of his submission he has relied upon the decisions rendered in Arif Kh...


Aug 19 2019

United India Insurance Co. Ltd. Vs.mohd Islam & Ors

Court: Delhi

Decided on: Aug-19-2019

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 1089/2018 & CM APPL. 50986/2018 Decided on:19. 08.2019 UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate. versus MOHD ISLAM & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate for R-1 & R-2. Mr. R.S. Juneja and Mr. Yogesh Kumar Rana, Advocates for R-3 & R-4. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. The award of compensation has been impugned on the ground that right of recovery has not been granted to the insurer against respondent nos. 3 and 4- the driver and the owner respectively, because the motorcyclist did not possess a valid driving licence. Indeed, the appellant had raised this issue in his written statement but no driving licence was produced. In the circumstances, the only conclusion that could be drawn is that the vehicle was being driven in violation of policy conditions.2. On a query put to the learned counsel for respondent nos. 3 and 4 as to whe...


Aug 19 2019

Sanjeev Kumar Kakkar & Ors vs.tata Capital Housing Finance Limited & O ...

Court: Delhi

Decided on: Aug-19-2019

$~J- * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Pronounced on:19. 08.2019 CS(COMM) 1105/2018 SANJEEV KUMAR KAKKAR & ORS ...... Plaintiffs Through Mr.Jaspreet Singh Kapur, Adv. versus TATA CAPITAL HOUSING FINANCE LIMITED & ORS. Through Mr.Sanjeev Singh, Adv. for D-1 ..... Defendants CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.IA No.14561/2018 1. This application is filed under Order 7 Rule 11 CPC on behalf of defendant No.1 for rejection of the plaint.2. The plaintiffs have filed the present suit seeking cancellation of the agreement dated 25.02.2016 executed between the plaintiffs and defendant No.1 for a loan amount of Rs. 3 crores. A permanent and mandatory injunction in favour of the plaintiffs is also sought for return of the original property papers of the property bearing No.147, Engineers Enclave, Pitampura, Delhi. Other connected reliefs are also sought.3. The case of the plaintiffs is that the plaintiffs and defendants No.2 and 3 have been in business rel...


Aug 19 2019

Shivalik Institute of Ayurved and Research & Anr. Vs.union of India & ...

Court: Delhi

Decided on: Aug-19-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI * + WP (C) No.7934/2019 & CM APPL. 32943/2019 Judgment reserved on :07. 08.2019 Date of decision :19. 08.2019 SHIVALIK INSTITUTE OF AYURVED AND RESEARCH & ANR. ........ Petitioners Through: Mr.S.S.Lingwal, Advocate versus UNION OF INDIA & ANR ....... RESPONDENTS Through: Mr.K.V.Sreemithun, Adv for R- 1 Ms.Archana Pathak Dave, Adv for R-2 CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. The petitioner no.1 the Shivalik Institute of Ayurved and Research, Jhajra, Chakrata Road, Dehradun established by the petitioner no.2/ the Indian Society to Serve Mankind situated at Dehradun was granted affiliation by the Uttrakhand Ayurveda Institute, Dehradun for starting the BAMS course with an admission capacity of 60 seats subject to grant of permission by the Govt. of India, Ministry of AYUSH under Section 13A of the Indian Medicine Central Council Act, 1970 vide consent of affiliation dated 18.04.2019. WP (C) No.7934/2019 Page 1 of 44 2....


Aug 19 2019

Delhi Public Library vs.govt. Of Nct of Delhi and Anr.

Court: Delhi

Decided on: Aug-19-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6769/2014 Mr. Yashpal Singh, Adv. ........ Petitioner versus DELHI PUBLIC LIBRARY Through: + W.P.(C) 4189/2015 & CM APPL.7585/2015 THE GOVT. OF NCT OF DELHI & ANR ........ RESPONDENTS Through: Ms. Urvi Mohan, Adv. for Mr. Sanjay Ghose, ASC for GNCTD DELHI PUBLIC LIBRARY Through: Mr. Yashpal Singh, Adv. ........ Petitioner versus GOVT. OF NCT OF DELHI AND ANR. Through: Ms. Urvi Mohan, Adv. for Mr.Sanjay Ghose, ASC for GNCTD ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR % 1. JUDGMENT1908.2019 The awards, dated 21st July, 2014 and 24th February, 2015, passed by the learned Industrial Tribunal (hereinafter referred to as the learned Tribunal), which have been impugned in W.P. (C) 6769/2014 and W.P. (C) 4189/2015 respectively, are interconnected, W.P.(C) 6769/2014 & W.P.(C) 4189/2015 Page 1 of 56 and arise from disputes, which are cognate in nature, between the petitioner and Respondent No.2. These writ petitions are, ...


Aug 19 2019

The National Insurance Co. Ltd. Vs.neeta Kapoor & Ors.

Court: Delhi

Decided on: Aug-19-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. 08.2019 MAC.APP. 283/2019 & CM No.8577/2019 THE NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Himanshu Gambhir and Ms. Amandeep Kaur, Advocates. $~17 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. NEETA KAPOOR & ORS. Versus Through: Mr. S. N. Parashar, Advocate for... RESPONDENTS No.1 to 4. ........ RESPONDENTS At joint request, the appeal is taken up for disposal.2. The appellant has impugned the award of compensation granted on 28.11.2018 by the learned Tribunal in New MACT Case No.476279/16. It is the appellants case that the road-roller, which was involved in the accident, was not insured against any liability apropos third parties because it is not a motor vehicle. However, this issue has been dealt with in the impugned order as under:-"46. It has to be seen that even the respondents No.1 &2, in the reply to the present DAR/claim petition have not denied that the roadroller was being plied o...


Aug 19 2019

Aap Infrastructures Ltd. Vs.bank of Baroda and Anr.

Court: Delhi

Decided on: Aug-19-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: August 19, 2019 + W.P.(C) 1157/2019, CM No.5224/2019 AAP INFRASTRUCTURES LTD. ........ Petitioner Through: Mr. Sandeep Sethi, Sr. Adv. with Ms. Anusuya Salwan and Ms. Nikita Salwan, Advs. versus BANK OF BARODA AND ANR. Through: Mr. Sudhir Nandrajog, Sr. Adv. with ........ RESPONDENTS Mr. Shatrajit Banerji and Mr. Bishwajit Dubey, Advs. for R1 Mr. Abhinav Sharma and Ms. Abhilasha Singh, Advs. for RBI/R2 CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 This petition has been filed by the petitioner with the following prayers:-"In view of the foregoing premise, it is, most respectfully, prayed that the Honble Court may be pleased to: i) Issue a writ, order or direction in the nature of certiorari to quash the letter bearing reference number CFS: ND21 730 dated 14.05.2018 declaring the W.P.(C) No.1157/2019 Page 1 of 16... Petitioner and its Directors as willful defaulter; and ii) Issue a writ, order or di...


Aug 19 2019

Shudh Garhwal Paneer Nirmata Sangh vs.piccadily Hotels Private Limited

Court: Delhi

Decided on: Aug-19-2019

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on 26.7.2019 Pronounced on :19. 08.2019 + CS(COMM) 722/2017 SHUDH GARHWAL PANEER NIRMATA SANGH..... Plaintiff Through Mr.Akil Rataeeya and Mr.Lalit Ajmani, Advs. versus PICCADILY HOTELS PRIVATE LIMITED..... Defendant Through Mr.Sacchin Puri, Sr.Adv. with Mr.Vishwadeep Hooda, Mr.Navroop Singh Bakshi, Mr.Varun Jain, Ms.Vanika Gupta, Mr.Kaamil Khan, Mr.Dhan Singh, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.IA No.5504/2018 1. This application is filed under Order 37 Rule (3)(5) of the CPC on behalf of the defendant seeking leave to defend. CS(Comm.)722/2017 Page 1 2. The accompanying suit is filed by the plaintiff seeking a money decree of Rs.1,13,80,309/-. It is the case of the plaintiff that the defendant had ordered dairy products from the plaintiff. The same was duly supplied by the plaintiff. Invoices were raised but the defendant has failed to make the payment within the stipulated period of 15 days des...


Aug 19 2019

Devanand @ Deva vs.state

Court: Delhi

Decided on: Aug-19-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:8. h July, 2019 Decided on:19. h August, 2019 CRL.A. 226/2017 DEVANAND @ DEVA ..... Appellant Represented by: Ms. Saahila Lamba, Advocate, STATE versus DHCLSC Represented by: Mr. Ashok Kr. Garg, APP for the State ..... Respondent CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. By the present appeal, Devanand @ Deva challenges the impugned judgment dated 31st August 2016 convicting him for the offences punishable under Sections 452/328/376 IPC in FIR No.62/2015 registered at PS Karawal Nagar and the order on sentence dated 29th September 2016 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of 10,000/- and in default whereof to undergo simple imprisonment for a period of two months for the offence punishable under Section 376 IPC , undergo rigorous imprisonment for a period of two years and to pay a fine of 2,500/- and in default whereof to undergo simple imprisonment for a per...


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