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Delhi Court August 2019 Judgments

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Aug 02 2019

North Delhi Municipal Corporation vs.jaswant Singh

Court: Delhi

Decided on: Aug-02-2019

$~74 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:02. d August, 2019 + W.P.(C) 3242/2017 & CM Appls. 14080/2017, 21952/2017 NORTH DELHI MUNICIPAL CORPORATION ........ Petitioner Through: Mrs.Biji Rajesh and Mr.Gaurang Kanth, Advocates 1. versus JASWANT SINGH ..... Respondent Through: Mr. Arun K. Yadav, Advocate with respondent in person CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The petitioner has challenged the order dated 05th August, 2016 passed by the Labour Court whereby the Labour Court has granted reinstatement with back wages to the respondent.2. The respondent was appointed as a Safai Karamchari on temporary basis with the petitioner in 1989 and he remained absent without information from 13th November, 2006. In 2008-2009, it came to the knowledge of the petitioner that there were ghost employees in the department whereupon a detailed investigation was carried out and it was found that there was no attendance record of 22,853 out of 1,27,094 employee...


Aug 02 2019

Ajey Malik & Ors. Vs.state of Nct of Delhi & Anr.

Court: Delhi

Decided on: Aug-02-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 02, 2019 CRL.M.C. 3780/2019 & Crl.M.A. 32629-31/2019 AJEY MALIK & ORS. ........ Petitioners Through: Mr. Ronak Singh, Advocate with petitioners in person. Versus STATE OF NCT OF DELHI & ANR. ........ RESPONDENTS Through: Mr. Izhar Ahmed, Additional Public Prosecutor for respondent- State with SI Krishan Lal Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.473/2013, under Section 498-A/4of IPC, registered Police Station Mangol Puri, Delhi is sought on the basis of Settlement Deed of 16th February, 2019 and affidavit of 20th June, 2019 of respondent No.2. 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 Krishan Lal on the basis of identity proof produced by her. Respondent No.2, present in the Court, submit...


Aug 02 2019

Ethos Limited ( Earlier Known as Kamla Retail Limited ( Krl) vs.geofin ...

Court: Delhi

Decided on: Aug-02-2019

$~6 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:02. 08.2019 FAO(OS) (COMM) 12/2019, C.M. Appl. No.2885/2019 (Stay), 2886/2019 (Exemption), 2887/2019 (Addl. Evidence) ETHOS LIMITED ( EARLIER KNOWN AS KAMLA RETAIL LIMITED ( KRL) Through: Ms. Neelima Tripathi, Mr. Apoorv P. ..... Appellant Tripathi, Ms. Gunjan Singh, Ms. Vrinda Arora, Mr.Dharvesh Dwivedi, Advocates versus GEOFIN INVESTMENTS PVT LTD Through: Mr. Rajiv K. Garg, Mr. Ashok Rana, Mr. Ashish Garg, Mr.Govind Singh Advocates ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH JUDGMENT % G.S. SISTANI, J.(ORAL) C.M. Appl. No.2886/2019 (Exemption) Exemption allowed, subject to all just exceptions. Application stands disposed of. FAO (OS)(COMM) No.12/2019 Page 1 of 11 FAO(OS) (COMM) 12/2019 1. This is an appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act). The appellant is aggrieved by order dated 13.11.2018 passed by the learned...


Aug 02 2019

Jitender Alias Kala vs.state (Nct of Delhi)

Court: Delhi

Decided on: Aug-02-2019

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:09. 04.2019 Judgment pronounced on:02. 08.2019 + CRL. A. 339/2004 DINESH ..... Appellant STATE Through: Mr. Mukesh Kalia, Mr. Manav and Mr. M.L. Yadav, Advocates. Versus .....Respondent Through: Mr. Amit Gupta, APP for State with Insp. Raman Kumar, ATO/Uttam Nagar and SI Govind Singh, P.S. Uttam Nagar. + CRL. A. 389/2004 SURENDER @ LAMBU ..... Appellant Through: Mr. Mukesh Kalia, Mr. Manav and Mr. M.L. Yadav, Advocates. STATE (NCT OF DELHI) Through: Mr. Amit Gupta, APP for State with .....Respondent Versus Insp. Raman Kumar, ATO/Uttam Nagar and SI Govind Singh, P.S. Uttam Nagar. + CRL.A. 393/2004 JITENDER ALIAS KALA ..... Appellant Through: Mr. Mukesh Kalia, Mr. Manav and Mr. M.L. Yadav, Advocates. Versus CRL.A3392004 (Connected Appeals) Page 1 of 28 STATE (NCT OF DELHI) Through: Mr. Amit Gupta, APP for State with .....Respondent Insp. Raman Kumar, ATO/Uttam Nagar and SI Govind Singh, P.S. Uttam Nagar. + CRL.A. 481/2004 K...


Aug 02 2019

South Delhi Municipal Corporation vs.om Prakash & Ors

Court: Delhi

Decided on: Aug-02-2019

$~38 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:02. d August, 2019 + W.P.(C) 9572/2018 SOUTH DELHI MUNICIPAL CORPORATION Through: Ms. Eshita Baruah, Advocate for Mr.Guarang Kanth, Advocate. ........ Petitioner versus OM PRAKASH & ORS ........ RESPONDENTS Through: Ms. Sugandh Kochhar, Advocate for Mr. Rajiv Agarwal, Advocate. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The petitioner has challenged the award dated 31st July, 2006 and the recovery certificate dated 14th August, 2018 for implementation of the same whereby the Industrial Tribunal directed the washing allowance to be disbursed to the workmen at the rate of Rs.60/- per month with effect from 20th July 1993.2. The C and D category employees of the petitioner raised an Industrial dispute claiming enhancement of their washing allowance from Rs.15/- per month to Rs.60/- per month on the ground that the C and D category employees of hospitals/medical institutions were being paid washing allowance of...


Aug 02 2019

Visionindia Ayurved Pvt Ltd vs.n K Sharma Proprietor

Court: Delhi

Decided on: Aug-02-2019

$~1 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB. A. (COMM.) 61/2018 % Date of decision:2. 8.2019 VISIONINDIA AYURVED PVT LTD ..... Appellant Through Mr. S.P. Srivastava and Ms. Shefali Aggrawal, Advs. versus N K SHARMA PROPRIETOR ..... Respondent Through Mr. Kamlesh Kumar, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) This is an appeal directed against the order dated 16.8.2018 passed by 1. the learned arbitrator on an application moved under Section 16 of the Arbitration and Conciliation Act, 1996 (for short 1996 Act) by the respondent.2. Notice in this appeal was issued on 21.1.2019 and the returnable date fixed in the matter was 15.5.2019.3. On 15.5.2019, there was no representation by either party. Accordingly, adverse orders were deferred and the matter was posted for hearing today.4. Since it is an appeal under Section 37 of the 1996 Act, learned counsel for the respondent says that he will argue on the basis of the record. The record shows that the ...


Aug 02 2019

Ankit Ashok Jalan vs.union of India

Court: Delhi

Decided on: Aug-02-2019

# IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved On :26. 07.2019 Judgment Pronounced On :02. 08.2019 W.P.(CRL) 1840/2019, CRL.M.A.13331/2019 & CRL.M.(BAIL) 1186/2019 ANKIT ASHOK JALAN ........ Petitioner UNION OF INDIA ..... Respondent versus Advocates who appeared in this case: For the... Petitioner : Mr. Vikram Chaudhri, Sr. Advocate and Mr. Saurabh Kirpal, Sr. Advocate with Mr. Ashish Batra, Mr. Wattan Sharma, Mr. Sarthak Sahdev, Mr. Harshit Sethi and Mrs. Aanchal, Advocates For the Respondent : Ms. Maninder Acharya, ASG with Mr. Vinod Diwakar, Mr. Ayush Sharma, Mr. Harshul Choudhary, Ms. Ikshita Singh and Mrs. Sakshi Singh, Advocates CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT SIDDHARTH MRIDUL, J1 The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 essentially in the nature of writ of habeas corpus, has been instituted by Ankit Ashok Jalan, seekin...


Aug 02 2019

Gurmeet Satwant Singh & Ors vs.meera Gupta & Anr.

Court: Delhi

Decided on: Aug-02-2019

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:2. d August, 2019 + CM(M) 1066/2018 & CM APPL. 36566/2018 GURMEET SATWANT SINGH & ORS ........ Petitioners Through: Mr. Kunal Anand, Advocate with Mr.V.K. Singh, AR for... Petitioners. versus MEERA GUPTA & ANR. ........ RESPONDENTS Through: Mr. Anil Kr. Gupta, Mr. Pushit Gupta, Mr. Sanjay Rathi & Mr.Prateek Gupta, Advocates. CORAM: HONBLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J.(ORAL) % 1. The present petition under Article 227 of the Constitution of India is directed against an order dated 09.08.2018 passed by the Additional District Judge-02 [West]., Tis Hazari Courts, Delhi in CS-119/2017 (New No.699/2017), whereby the Trial Court has dismissed the application of the petitioners herein [defendant nos. 2 to 4 in the suit]. for deletion of their names from the array of parties in the suit.2. The plaintiff/respondent filed a suit for recovery of sum of 37,49,000/-, wherein four parties were arrayed as defendants. Defendant No....


Aug 02 2019

Akshay Sarin vs.state & Anr.

Court: Delhi

Decided on: Aug-02-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 02, 2019 CRL.M.C. 3836/2019 & Crl.M.A. 32797-98/2019 AKSHAY SARIN ........ Petitioner Through: Ms. Sumi Anand & Ms. Priyanka Kapoor, Advocates. Versus STATE & ANR. Through: Mr. Izhar Ahmad, Additional ........ RESPONDENTS Public Prosecutor for State with ASI Arvind Kumar. Mr. Anil Thomas, Advocate with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.123/2014, under Section 498-A/4of IPC, registered Police Station Hazarat Nizzamuddin, Delhi is sought on the basis of compromise deed of 2nd August, 2019 and affidavit of respondent No.2 of 2nd August, 2019. 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 ASI Arvind Kumar on the basis of identity proof produced by her. CRL.M.C. 3836/2019 Page 1 of 3 Respondent ...


Aug 02 2019

Sanjay Rana vs.imarti Devi & Ors

Court: Delhi

Decided on: Aug-02-2019

$~40 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI SANJAY RANA Judgment pronounced on:02. 08.2019 RSA No.182/2016 ..Appellant Through: Mr. J.C. Mahindro, Mr. Babulal and Mr. Kuljeevan Sidharth, Advocates. Versus IMARTI DEVI & ORS. Respondents Through: Mr. Satish Saha, Advocate for Respondent No.1. Mr. Rahul Singh Advocate for... RESPONDENTS No.2(i), (ii) and (iii). Ms. Renu Gupta, Advocate for Respondent No.3. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.1. This Regular Second Appeal under section 100 of the Civil Procedure Code, 1908 impugns the judgment dated 22.11.2012 passed by the learned Trial Court and the judgment dated 22.03.2016 passed by the First Appellate Court, inter alia, directing the appellant, respondent No.2 and Mrs. Nirmal Rana (Defendant no.31 in the suit) to restore the suit property bearing No.103, Gali Krishna, Pahar Ganj, New Delhi- 110055, in its original position, as shown in the site plan, by removing/ demolishing the 1 Not arrayed as a party in t...


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