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Delhi Court September 2019 Judgments

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Sep 27 2019

Sanjiv K Singh & Anr vs.ritu Singh & Anr

Court: Delhi

Decided on: Sep-27-2019

$~ * + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:20. 08.2019. Date of Decision:27. 09.2019. RFA3902012 & CM Nos.11623/2014 (for additional documents), 17026/2018 (for directions) SANJIV K SINGH & ORS ..... Appellants Through Mr.N.S.Vasisht with Mr.Vishal Singh & Ms.Jyoti Kataria Bajaj, Advs. versus RITU SINGH & ANR ........ RESPONDENTS Through Mr.Sandeep Mittal with Mr.Varun & Benjamin Kumar, Mr.Arjit Ms.Avshreya P.S. Rudy, Advs. RFA4902017 SANJIV K SINGH & ANR ..... Appellants Through Mr.N.S.Vasisht with Mr.Vishal Singh & Ms.Jyoti Kataria Bajaj, Advs. versus RITU SINGH & ANR ........ RESPONDENTS Through Mr.Sandeep Mittal with Mr.Varun & Benjamin Kumar, Mr.Arjit Ms.Avshreya P.S. Rudy, Advs. CORAM: HON'BLE MS. JUSTICE REKHA PALLI RFA3902012 & 490/2017 Page 1 of 24 JUDGMENT1 This decision disposes of two connected appeals under Section 96 of the Code of Civil Procedure,1908 preferred by the defendants in Suit No.378/2003, the first assailing the preliminary decree dated 26.05...


Sep 27 2019

Meer Hasan & Ors vs.the State (Govt. Of Nct of Delhi) & Ors

Court: Delhi

Decided on: Sep-27-2019

$~70 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 4947/2019 Date of decision:27. 09.2019. MEER HASAN & ORS ........ Petitioners Through Mr. R. S. Mishra with Mr. Anand versus Mishra, Advs. THE STATE (GOVT. OF NCT OF DELHI) & ORS Through Mr. K. K. Ghai, APP for the State SI Ganjendra Kumar, PS Chhawla ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL.M.A. 37122/2019(Exemption) 1.2. Allowed, subject to all just exceptions. This application is, accordingly, disposed of. CRL.M.C. 4947/2019 3. Vide the present petition, the petitioners seek direction thereby for quashing FIR No 210/2019 dated 07/06/2019, registered at PS Chhawala, for the offences punishable under Sections 323/341/354/5IPC and all other proceedings emanating therefrom. CRL.M.C. 4947/2019 Page 1 of 3 4.5. Notice issued. Notice is accepted by learned APP for the State. With the consent of the counsel for the parties, the present petition is taken up for final disposal.6. The present...


Sep 27 2019

Vishwanath vs.gurmeet Singh & Anr.

Court: Delhi

Decided on: Sep-27-2019

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:27. 09.2019 RC.REV. 265/2015 & CM APPL. 9862/2015, 9864/2015, 46207/2016, 39374/2017, 43581/2019 VISHWANATH versus GURMEET SINGH & ANR ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner: Mr. Rajat Aneja and Ms. Chandrika Gupta, Advocates For the Respondent: Mr. Yogesh Kumar, Advocate CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 20.02.2015 whereby leave to defend application of the petitioner has been dismissed and eviction order passed.2. Subject eviction petition was filed by the respondent on the ground of bonafide necessity under Section 14(1) (e) of the Delhi Rent Control Act seeking eviction of the petitioner from one shop bearing Shop No.5 in property bearing No.WZ-161/12/2, (New No.RC.REV. 265/2015 Page 1 of 4 A-37), Khazan Basti, Nangla Raya, Mayapuri, New Delhi, more particularly as show...


Sep 27 2019

Rakesh Singh vs.delhi Transport Corporation

Court: Delhi

Decided on: Sep-27-2019

$~5 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:27. h September, 2019 + LPA5842019 RAKESH SINGH ..... Appellant Through: Mr.Kishore Kumar Patel, Advocate DELHI TRANSPORT CORPORATION versus ..... Respondent Through: Mrs.Avnish Ahlawat, Standing counsel for DTC with Mr.Nitesh Singh, Advt. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI G.S.SISTANI, J.(ORAL) CM.APPL403542019 (delay) 1. This is an application filed by the appellant seeking condonation of 3395 days delay in filing the present appeal. Mr. Kishore Kumar Patel, counsel for the appellant submits that the delay in filing the appeal was for cogent, bona fide reasons and not on account of any inaction or negligence on the part of the appellant. The counsel submits that the ground for delay is that the appellant was unemployed and therefore suffering from financial hardship.2. We have heard the counsel for the appellant and examined the application seeking condonation of delay.3. Th...


Sep 27 2019

Bhura & Ors vs.the State (Govt. Of Nct of Delhi) & Ors

Court: Delhi

Decided on: Sep-27-2019

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. 09.2019. + CRL.M.C. 4960/2019 BHURA & ORS ........ Petitioners Through Mr. R. S. Mishra with Mr. Anand Mishra, Advs. versus THE STATE (GOVT. OF NCT OF DELHI) & ORS ........ RESPONDENTS Through Mr. K. K. Ghai, APP for the State SI Ganjendra Kumar, PS Chhawla CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL.M.A. 37163/2019(Exemption) 1.2. Allowed, subject to all just exceptions. This application is, accordingly, disposed of. CRL.M.C. 4960/2019 3. Vide the present petition, the petitioners seek direction thereby for quashing FIR No 209/2019 dated 07/06/2019, registered at PS Chhawala, for the offences punishable under Sections 342/323/452/354/506/4IPC and all other proceedings emanating therefrom. CRL.M.C. 4960/2019 Page 1 of 3 4.5. Notice issued. Notice is accepted by learned APP for the State. With the consent of the counsel for the parties, the present petition is taken up for final disposal.6. The pres...


Sep 27 2019

Satish Kumar vs.commissionerate of Police & Ors

Court: Delhi

Decided on: Sep-27-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :27. 09.2019 ........ Petitioner + W.P.(C) 10266/2019 SATISH KUMAR $~4 * Through: Ms. Kanishka Singh, Adv. versus COMMISSIONERATE OF POLICE & ORS Through: Ms. Avnish Ahlawat, Standing ........ RESPONDENTS Counsel. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI JUDGMENT ANUP JAIRAM BHAMBHANI, J.(ORAL) The petitioner impugns order dated 27.09.2018 made by the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal for short) in OA No.3494/2013 whereby order dated 21.11.2012 made against the petitioner imposing a penalty of dismissal from service passed against the petitioner after conducting a disciplinary enquiry, was upheld.2. The backdrop of the matter is as follows: (a) The petitioner joined the Delhi Police as Constable on 19.05.1989 and was posted at various locations in Delhi; (b) On 19.12.2011, the Additional Deputy Commissioner of Police, W.P.(C) 10266/2019 page 1 of 7 (West...


Sep 27 2019

Dr. Artiben R Thakkar vs.delhi Pharmaceuticals Science & Research Univ ...

Court: Delhi

Decided on: Sep-27-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :27. h September, 2019 + LPA1872018 DR. ARTIBEN R THAKKAR .Appellant Through: Mr. M.A. Niyazi with Mr. Manish Kumar, Advocates Versus DELHI PHARMACEUTICALS SCIENCE & Respondents RESEARCH UNIVERSITY & ANR. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL Through: Ms. Zubeda Begum, Advocate for R-1. Ms.Avnish Ahlawat, Standing Counsel For R-2. SANGITA DHINGRA SEHGAL, J.(ORAL) 1. The present appeal has been filed by the appellant under Clause X of the Letters Patent Act, assailing the order dated 08.02.2018 (hereinafter referred to as 'Impugned Order') passed by the learned Single Judge in W.P. (C) No.10514 of 2017 whereby the petition of the appellant herein was dismissed. The brief facts to be noticed for the disposal of the present appeal 2. are that the appellant herein was selected by the Selection Committee of the respondent No.1 for the post of Associate Professor of DRA- Pharm Management...


Sep 27 2019

Kendriya Vidyalaya Sangathan and Anr. Vs.sh. V. D. Pandey

Court: Delhi

Decided on: Sep-27-2019

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10527/2019 & CM APPL. Nos. 43570-71/2019 KENDRIYA VIDYALAYA SANGATHAN AND ANR. Date of decision:27. 09.2019 Through: Mr. Rashmi Bansal, Adv. ........ Petitioners versus SH. V. D. PANDEY ..... Respondent Through: Mr. R.V. Sinha, Mr. A.S. Singh & Mr. Amit Sinha, Advs. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI JUDGMENT G.S.SISTANI, J.(ORAL) The respondent approached the Central Administrative Tribunal (CAT) by filing O.A. No.1999/2014. The O.A. was allowed by order dated 04.04.2019, which has led to the filing of the present writ petition.2. Notice to show-cause as to why this petition be not admitted.3. Mr. R.V. Sinha, learned counsel for the respondent appears on advance copy and accepts notice.4. With the consent of the parties, we set down the writ petition for final hearing and disposal today itself. WP(C) 10527/2019 page 1 of 7 5. Some facts which are required to be noticed are as under ...


Sep 26 2019

Indian Oil Corporation Ltd vs.fepl Engineering (P) Ltd & Anr

Court: Delhi

Decided on: Sep-26-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. h August, 2019 Pronounced on:26. h September, 2019 FAO (OS) (COMM) 92/2019 and C.M. No.19356/2019 INDIAN OIL CORPORATION LTD ..... Appellant Through: Mr. Abhinav Vashisht, Senior Advocate along with Ms. Tannishtha Singh, Ms. Priya Singh & Ms. Akshita Sachdeva, Advocates. FEPL ENGINEERING (P) LTD & ANR versus ........ RESPONDENTS Through: Mr. Rajesh Sharda, Mr. Saket Gogia & Ms. Damini K, Advocates. CORAM: JUSTICE VIPIN SANGHI JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J1 The present appeal under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of the High Courts Act, 2015 (hereinafter 'Commercial Courts Act') read with Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter 'the Arbitration Act') impugns the judgment dated 5th April 2019 passed by the learned Single Judge in OMP (Comm) No.140/2019.2. The petition [O.M.P (COMM) No.140/2019]. was filed under Section...


Sep 26 2019

Suraj Bhan & Ors vs.swarup Singh (Deceased) Through Lrs & Ors

Court: Delhi

Decided on: Sep-26-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h September, 2019 CS(OS) 116/2009 SURAJ BHAN & ORS ..... Plaintiffs Through: Mr. S.K. Rout & Mr. Aman Mehrotra, Advs. Versus SWARUP SINGH (DECEASED) THROUGH LRs & ORS ..... Defendants Through: Mr. Sanjay Kumar Pathak, Mr. K.K. Kiran Pathak, Mr. Sunil Kumar Jha & Mr. M.S. Akhtar, Advs. for D-6. Mr. R. Krishnaamorthi, Adv. for D-7. Mr. Digvijay Rai & Mr. Aman Yadav, Advs. for D-8. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The six plaintiffs viz. (I) Suraj Bhan, (II) Ramesh, (III) Umed (since deceased and substituted by his legal representatives), (IV) Jagdish, (V) Tejpal, and, (VI) Munesh, have instituted this suit for (i) declaration that the plaintiffs as owner of acquired land admeasuring 220 sq. yds. in Khasra No.1199 situated in extended Laldora Abadi of village Nangal Dewat, Delhi are entitled to rehabilitation plot at village Rangpuri in lieu of the said acquired land admeasuring 220 sq. yds. in Khasra No.1199...


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