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Delhi Court August 2019 Judgments

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Aug 29 2019

Il & Fs Education & Technology Services Ltd. Vs.tkb Learning Services ...

Court: Delhi

Decided on: Aug-29-2019

$~ C-17 * % + CO.PET. 34/2013 Date of decision:29. 08.2019 IN THE HIGH COURT OF DELHI AT NEW DELHI IL & FS EDUCATION & TECHNOLOGY SERVICES LTD. Through: Ms. Shruti Sharma, Advocate. ........ Petitioner TKB LEARNING SERVICES PVT. LTD. versus ..... Respondent Through: Mr. Deepak Anand and Ms. Aayushmaan, Advocate for OL. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) Co. Appl. No.871/2019 (for dissolution) in CO.PET. 34/2013 This application is filed under Section 481 of the Companies Act, 1956 seeking to close the books of accounts and to dissolve the respondent Company. It has been pleaded in the application that as per the books of account maintained by the office of the Official Liquidator, the fund position of the Company is Rs. 1,64,417.08/-. In the light of failure of the... Petitioner to file original documents supporting its claim; in absence of any claim raised by Income Tax Department or any other creditor and in absence of any recoverable assets of the responden...


Aug 28 2019

North Delhi Municipal Corporation & Anr. Vs.rajesh Sharma

Court: Delhi

Decided on: Aug-28-2019

* % + W.P.(C) 3451/2015 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:05. 04.2019 Judgment delivered on:28. 08.2019 NORTH DELHI MUNICIPAL CORPORATION & ANR. ........ Petitioner Through: Mr. R.V. Sinha, Mr. A.S. Singh & Mr. Amit Sinha, Advocates. versus RAJESH SHARMA ..... Respondent Through: Mr. Anil Grover and Mr. Mishal Vij, Advocates. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K. CHAWLA JUDGMENT VIPIN SANGHI, J.1. The instant writ petition preferred by North Delhi Municipal Corporation in short 'NrDMC', and, its Commissioner, assailing the judgment dated 07.08.2014 passed by the Central Administrative Tribunal, Principal Bench, in short 'CAT', in O.A. No.4466/2011 raises an important question of law as to who is the competent authority to take disciplinary action(s) and impose penalty(ies) on the municipal officers and other W.P.(C.) No.3451/2015 Page 1 of 71 municipal employees under The Delhi Municipal Corporation Act, 1957 in short 'the Act', pos...


Aug 28 2019

Dolly & Ors. Vs.national Insurance Co Ltd & Ors

Court: Delhi

Decided on: Aug-28-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. 08.2019 Through: Mr. A. S. Rana, Advocate. .....Appellants .....Respondents MAC.APP. 925/2018 DOLLY & ORS. $~31 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) CM No.38469/2019 (for exemption) Versus NATIONAL INSURANCE CO LTD & ORS. Through: Allowed, subject to all just exceptions. The application stands disposed-off. CM No.38468/2019 (for early hearing) This application seeks early hearing of the appeal. For the reasons mentioned in the application, it is allowed. The application stands disposed-off. MAC.APP. 925/2018 1. At joint request, the appeal is taken up for hearing. MAC.APP. No.925 -2018 Page 1 of 3 2. The appeal impugns the award of compensation granted on 10.07.2018 by the learned MACT in MACT No.1to the appellants claimants on the ground that despite a Matriculation Certificate of the deceased having been furnished (Ex.PWat page 281 of the LCR), the learned MACT has erred in not considering the min...


Aug 28 2019

Karam Chand vs.m/s Cutting Edge Infrastructure Pvt. Ltd. & Anr.

Court: Delhi

Decided on: Aug-28-2019

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:28. 08.2019 EX. F.A. 25/2017 KARAM CHAND Through: ..Appellant Mr. Abhishek Puri and Mr. Yashrath Misra, Advocates Versus M/S CUTTING EDGE INFRASTRUCTURE PVT. LTD. & ANR. Respondents Through: Mr. Arvind Nigam, Sr. Advocate with Mr. Rohan Thawani, Mr. Anand Daga and Mr. Mehtaab Singh Sandhu, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.Ex. F.A. 25/2017, CM Appl. 24849/2017 & 27933/2017 1. This appeal under Article 227 of the Constitution of India impugns the order of the learned Additional District Judge dated 24.03.2017 declining the appellants application seeking attachment of property bearing House No.B-5/96, Safdarjung Enclave, New Delhi (in short the property). FACTS:2. The appellant had loaned monies to Harwinder Singh respondent no.2 in November and December, 2003. Since there was default in its repayment, he filed a suit for recovery of the monies before the High Court of Himachal P...


Aug 28 2019

Yogendra Nath Bhardwaj & Anr vs.union of India & Anr

Court: Delhi

Decided on: Aug-28-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28.08.2019 $~61 & 62. * + % W.P.(C) 1078/2015 VIPIN BHARDWAJ ........ Petitioner Through: Ms. Smita Maan with Mr. Vishal Maan, Advs. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Anuj Aggarwal, adv. for PWD. W.P.(C) 1332/2015 Mr. Yeeshu Jain with Ms. Jyoti Tyagi, Advs. for R-1. YOGENDRA NATH BHARDWAJ & ANR ........ Petitioner Through: Mr. Anunaya Mehta with Mr. Akshay Deep Singhal, Advs. with petitioner in person. versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Mr. Anuj Aggarwal, adv. for PWD. Mr. Yeeshu Jain with Ms. Jyoti Tyagi, Advs. for R-1 W.P.(C.) Nos. 1078 & 1332/2015 Page 1 of 12 Mr. Vikas Mahajan with Mr. Aakash Varma and Mr. Prajesh, Advs. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA VIPIN SANGHI, J.(ORAL) 1. We have heard learned counsels and proceed to dispose of the writ petitions with their consent. The reliefs sought in both the petitions is identical, hence ...


Aug 28 2019

Nisha Khurana vs.the Financial Commissioner, Government of Nct of Delh ...

Court: Delhi

Decided on: Aug-28-2019

$~A-19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 10072/2016 NISHA KHURANA Date of Decision:28. 08.2019 ........ Petitioner Through: Mr.Atul Nigam and Mr.Randhir Kumar, Advocates Versus THE FINANCIAL COMMISSIONER, GOVERNMENT OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Ms.Sapna Chauhan, Adv. for DDA Mr.Anil Tomar, Adv. for R1/GNCTD Mr.Naushad Ahmed Khan, ASC (Civil) with Mr.Zahid Hanief and Mr.Manish Chauhan, Advs. for GNCTD. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) 1. This writ petition is filed by the petitioner seeking a writ of certiorari/mandamus or any other appropriate writ to quash the order dated 16.10.2015 passed by the Financial Commissioner. Other connected reliefs are also sought including directing the respondents No.l to 4 to forbear themselves from interfering in any manner with the petitioner's right, title and interest and peaceful occupation and possession of land bearing khasra No.1min (4-0) at Village Goela, Delhi and also dir...


Aug 28 2019

Manish Sharma vs.lt. Governor and Ors.

Court: Delhi

Decided on: Aug-28-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 747/2018, C.M. APPL.3130/2018 & 14752/2018 Reserved on:-"02.08.2019 Date of Decision:-"28.08.2019 MANISH SHARMA ........ Petitioner Through : Mr. Ravi Kant Chadha, Sr. Advocate with Mr. Sanjeev Sharma, Ms. Mansi Chadha, Mr. Sameer Rohtagi, Mr. Siddhant Chaudhary and Mr. Akshit Kumar, Advocates.... Petitioner in person. versus LT. GOVERNOR AND ORS. ........ RESPONDENTS Through : Mr. N.K. Singh with Ms. Palak Rohmetra, Advocates, for respondent No.1. Mr. Viraj. R. Datar, Mr. Nitish Chaudhary and Ms. Meenal Duggal, Advocates, for DHC. Mr. Pradeep Kumar Bakshi, Mr. Hardik Luthra and Mr. Alok Shukla, Advocates, for respondent No.3. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HONBLE MS. JUSTICE REKHA PALLI JUDGMENT REKHA PALLI, J1 The present writ petition under Article 226 of the Constitution of India has been preferred by a General category candidate assailing his non-selection in the Delhi Higher Judicial Services. The petitioner was a cand...


Aug 28 2019

Kavita Rani & Ors. Vs.subhash Chand & Ors (The New India Insurance Co ...

Court: Delhi

Decided on: Aug-28-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. 08.2019 $~13 * % + MAC.APP. 831/2017 & CM APPL. 33635/2017 Versus KAVITA RANI & ORS ..... Appellants Through: Mr. S.N. Parashar, Advocate. SUBHASH CHAND & ORS (THE NEW INDIA INSURANCE CO LTD) ........ RESPONDENTS Through: Mr. Vandana Surana, Advocate for insurance company. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) CM APPL. 33635/2017 1. This application seeks condonation of delay of 17 days in filing the appeal.2. For the reasons mentioned in the application, the delay in filing the appeal is condoned.3. The application stands disposed-off. MAC.APP. 831/2017 4. The award of compensation is impugned on the ground that compensation towards loss of future prospects has not been granted which ought to have been in terms of the dicta of the Supreme Court in National Insurance Co. Ltd. vs. Pranay Sethi & Ors. (2017) 16 SCC680 MAC.APP. No.831/2017 Page 1 of 2 5. The deceased was 31 years of age, his income has been es...


Aug 28 2019

Rohita Sharma vs.rajkumar Sharma & Anr.

Court: Delhi

Decided on: Aug-28-2019

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + C.R.P. 276/2018 Judgment delivered on:28. 08.2019 ROHITA SHARMA versus RAJKUMAR SHARMA & ANR ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : Mr. Gobind Malhotra, Mr. Lovish Sharma & Mr. Kartik Khanna, Advs. For the Respondent : Mr. S.S. Tyagi, Adv. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 07.12.2018 whereby the suit filed by the petitioner has been dismissed while deciding an application under Order 22 Rule 3 CPC. The Trial Court has held that since the original plaintiff had ceased to be the owner of the suit property by virtue of a judgment, though he had filed an appeal, till the judgment was reversed, he was not entitled to maintain the suit.2. Subject Suit was filed by Sh. Ram Avtar Sharma against the respondents, who are his son and daughter-in-law, claiming that they were permissive licensees and had be...


Aug 28 2019

Dr. Vandana Goel vs.lt. Governor of Delhi & Ors.

Court: Delhi

Decided on: Aug-28-2019

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. 08.2019 + W.P.(C) 5184/2017 DR. VANDANA GOEL ........ Petitioner Through: Mr. Jayant Mehta, Mr. Rizwan, Mr. Abhishek Kaushik, Mr. Apporv Singhal and Mr. Sameydeen, Advocates. versus LT. GOVERNOR OF DELHI & ORS. ........ RESPONDENTS Through: Mr. Vaibhav Agnihotri, Mr. Vinayak Harshvardhan and Ms.Vidhi Agarwal, Advocates for DDA. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA SANJEEV NARULA, J.: (Oral) 1. The present petition under Article 226 of the Constitution of India, inter alia seeks a writ direction, declaring that the acquisition proceedings qua the land admeasuring 5 bighas and 13 biswas comprising Rectangle No.25 Killa No.9 min. South (2-08),Rectangle No.25 Killa No.9 min North(2-07), Rectangle No.25 Killa No.2 min South(0-18) situated in Revenue Estate of Village Deoli, Tehsil Mehrauli, New Delhi (hereinafter 'Suit property'), forming the subject matter of the present petition, have...


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