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Delhi Court September 2019 Judgments

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Sep 24 2019

Delhi Transport Corporation vs.vijay Kumar

Court: Delhi

Decided on: Sep-24-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9678/2017 Date of Decision :-"24.09.2019 DELHI TRANSPORT CORPORATION Through: Ms.Aldanish ........ Petitioner Rein Mr.Maheransh Mr.Shamshravish Rein, Advs. Rein with & versus VIJAY KUMAR Through: Mr.G.S. Charya, Adv. ..... Respondent CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The present writ petition assails the order dated 20.05.2017 passed by the Labour Court-XVII, Karkardooma Courts, Delhi in LCA No.whereunder the respondents application under Section33(C)(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as I.D. Act) was allowed and the petitioner management has been directed to pay a sum of Rs.10,71,616/- to the respondent towards his unpaid salary for the period between 01.11.2013 to 30.04.2017. Page 1 of 7 W.P.(C) 9678/2017 2. The respondent/workman was appointed as a Conductor in the petitioner/DTC on 06.11.1982. In February, 2008 when he was found to be suffering from a vision problem, ...


Sep 24 2019

p.d.r Solutions Fzc vs.dispute Resolution Panel- 2, New Delhi & Anr

Court: Delhi

Decided on: Sep-24-2019

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10387/2019 P.D.R SOLUTIONS FZC ........ Petitioner Date of Decision:24. 09.2019 Through: Mr. Kamal Sawhney, Advocate with Mr. Prashant Meharchandani and Mr. Divyansh Singh, Advocates. DISPUTE RESOLUTION PANEL- 2, NEW DELHI & ANR...... RESPONDENTS Through: Mr. Zoheb Hossain, Senior Standing versus Counsel, Revenue. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE SANJEEV NARULA SANJEEV NARULA, J (Oral): C.M. No.42833/2019 (exemption) 1. Exemption allowed, subject to all just exceptions.2. The application stands disposed of. W.P.(C) 10387/2019 & CM APPL. 42832/2019 3. The present petition has been filed challenging the directions of the Dispute Resolution Panel, (DRP) dated 25th July 2019 (hereinafter 'the impugned order'). Brief Facts:4.... Petitioner company is a tax resident of UAE, and is engaged in the W.P.(C) 10387/2019 Page 1 of 16 business of web presence, sale of domain names to global customers through its B2B ...


Sep 24 2019

M/S Samarth Life Sciences Pvt. Ltd. Vs.govt. Of Nct of Delhi and Ors.

Court: Delhi

Decided on: Sep-24-2019

$~73 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment :24. h September, 2019 + W.P.(C) 10331/2019 M/S SAMARTH LIFE SCIENCES PVT. LTD. ........ Petitioner Through Ms. Geeta Luthra, Sr. Advocate with Mr. Anil Kumar Hosley, Ms. Shivam Luthra Lohiya & Mr. Prateek Yadav, Advocates. versus GOVT. OF NCT OF DELHI AND ORS. ..... Respondent CORAM: Through Mr. Vipul Pankaj Sanghi, Mr. Ananya Kar Sanghi & Mr. Gurmeet Nehra, Advocates for R-1. Mr. Satya Ranjan Swain, Standing Counsel for AIIMS/R-2 & R-3. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI G.S. SISTANI, J.(ORAL) 1. Notice to show cause as to why the petition be not admitted. Counsels for respondents accept notice.2. With consent of the parties, the writ petition is set down for final hearing and disposal.3. The necessary facts required to be noticed for disposal of this writ petition are that respondent No.2 had floated an e-tender on 08.08.2018 W.P.(C) 10331/2019 Page 1 of 15 4. for purchase of dru...


Sep 24 2019

Deepak Kumar vs.state & Anr.

Court: Delhi

Decided on: Sep-24-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. 09.2019 ........ Petitioner + CRL.M.C. 4829/2019 DEEPAK KUMAR Through Mr. R. K. Gupta, Adv. $~49 * versus STATE & ANR. ........ RESPONDENTS Through Mr.M.S. Oberoi, APP for State. SI Monu Chauhan, Farsh Bazar Ms. Pushpa Gupta with Mr. Ram Krishan Gupta, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) Vide the present petition, the petitioner seeks direction thereby 1. quashing FIR No.97/2017 dated 07/03/2017, registered at PS Farsh Bazar, Delhi, for the offences punishable under Sections 354A/506(II)/509 of the IPC and all other proceedings emanating therefrom.2. 3. Notice issued. Notice is accepted by learned APP for the State and counsel for the respondent no.2. CRL.M.C. 4829/2019 Page 1 of 3 4. With the consent of the counsel for the parties, the present petition is taken up for final disposal.5. The present petition is filed on the ground that the parties have settled their disputes and the respo...


Sep 24 2019

Kishan Chand & Ors vs.the Chief Executive National Cooperative Union o ...

Court: Delhi

Decided on: Sep-24-2019

$~67 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 24, 2019 % W.P.(C) 855/2014 KISHAN CHAND & ORS ........ Petitioners Through: Mr. Gyan Prakash, Advocate. versus THE CHIEF EXECUTIVE NATIONAL COOPERATIVE UNION OF INDIA ..... Respondent Through: Mr. B.P. Aggarwal, Advocate. CORAM: HON'BLE MR. JUSTICE A.K.CHAWLA A.K. CHAWLA, J.As jointly prayed, heard on the question of maintainability.2. The petitioners instituted the instant writ petition against National Cooperative Union of India in short 'the National Cooperative' asserting it to be an instrumentality of the State and seek issuance of a Writ of Mandamus for payment of the purported arrears towards gratuity and leave benefits under 6th pay commission. During the course of hearing, it however comes to be pointed out that the gratuity claims have since been settled and the petition survives only as regards the claim towards the leave benefits. W.P.(C) 855/2014 Page 1 of 9 3. It is the case of the petitioners t...


Sep 24 2019

South Delhi Municipal Corporation vs.m/s National Rifle Association of ...

Court: Delhi

Decided on: Sep-24-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. 09.2019 $~A-17 * % + W.P.(C) 9301/2018 SOUTH DELHI MUNICIPAL CORPORATION........ Petitioner Through Ms.Biji Rajesh, Adv. for Mr.Gaurang Kanth, Adv. versus M/S NATIONAL RIFLE ASSOCIATION OF INDIA..... Respondent Through Ms.Maity, Adv. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This Writ Petition is filed by the petitioner/South Delhi Municipal Corporation seeking to impugn the order dated 24.11.2017 passed by the Municipal Taxation Tribunal.2. The case of the petitioner is that the respondent is a registered society under the Registration of Society Act XXI of 1860 and is the owner of the property 51-B Tughlakabad Industrial Area, New Delhi. In the said property the respondents headquarter building has been constructed. Respondent took possession of the plot on 25.10.2002. Construction of the building was completed on 11.2.2008. The property of the respondent is used as an office building and no sports act...


Sep 24 2019

Vivek Kumar Sahu vs.state of Nct of Delhi & Anr.

Court: Delhi

Decided on: Sep-24-2019

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. 09.2019 + CRL.M.C. 4841/2019 VIVEK KUMAR SAHU ........ Petitioner Through Mr. Abhay Kumar with Mr. Surender, Advs. versus STATE OF NCT OF DELHI & ANR. ........ RESPONDENTS Through Mr. Ashok Kumar Verma, Adv. for R-2 with respondent no.2 in person SI Pradeep Sharma, PS Govindpuri Mr. Panna Lal Sharma, APP for State CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL. M.A. 36726/2019 1.2. Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 4841/2019 3. Vide the present petition, the petitioner seeks direction thereby for quashing of FIR No.9dated 29.07.2015, registered at PS Govind Puri, Distt. South East and all other proceedings emanating therefrom.4. Notice issued. CRL.M.C. 4841/2019 Page 1 of 4 5. Notice is accepted by learned APP for the State and counsel for the respondent no.2.6. With the consent of the counsel for the parties, the present petition is taken up for final dispo...


Sep 24 2019

M/S Makro vs.m/s the New India Assurance Co. Ltd. & Anr.

Court: Delhi

Decided on: Sep-24-2019

$~A-3 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. 09.2019 ARB.P. 416/2019 M/S MAKRO Through: Ms. Ritika Jhurani, Mr. Dinesh ........ Petitioner Sharma, Mr. Naman Saraswat Ms. Jipsa Rawat, Advocates versus M/S THE NEW INDIA ASSURANCE CO. LTD. & ANR. Through: Mr. Pankaj Seth, Advocate ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) 1. This is a petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 (Act) for appointment of an Arbitrator. The arbitration clause between the parties reads as under:"10. Arbitration and Disclaimer : If any dispute or difference shall arise as to the quantum to be paid under the Policy (liability being otherwise admitted) such difference shall independently of all other questions be referred to the decision of a sole arbitrator to be appointed in writing by the parties to or if they cannot agree upon a single arbitrator within 30 days of any party invoking arbitration the same sha...


Sep 24 2019

United India Insurance Company Limited vs.manju & Ors

Court: Delhi

Decided on: Sep-24-2019

$~10 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:24. 09.2019 + MAC.APP. 474/2018, CM APPL. 20498/2018 & CM APPL. 14722/2019 UNITED INDIA INSURANCE COMPANY LIMITED Through: Ms. K. Enatoli Sema and Mr. Amit Kumar Singh, Advocates. ..... Appellant MANJU & ORS versus ........ RESPONDENTS Through: Mr. Basant Gupta, Advocate for R-1 CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI to R-5. NAJMI WAZIRI, J (Oral) 1. This appeal impugns the award of compensation dated 31.01.2018 passed by the learned MACT in MACT No.4503on the ground that there is an error in computation of the compensation towards loss of dependency as well as in the award of compensation for non- pecuniary loss.2. The impugned order has assessed the income of the deceased at Rs. 12,000/-. The Court would note that two Salary Certificates were produced by the claimants from the claimed employers of the deceased, namely G.D.S Society and M/s Suraj Education Centre of I.T. Both the Salary Certificates established salary of the...


Sep 24 2019

Ashish Chopra @ Kaka vs.state & Ors.

Court: Delhi

Decided on: Sep-24-2019

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. 09.2019 + CRL.M.C. 4854/2019 ASHISH CHOPRA @ KAKA ........ Petitioner Through: Mr. M.N. Duteja, Mr. Neeraj Bhardwaj and Mr. Aditya Mishra, Advs. versus STATE & ORS. Through: Mr.M.S. Oberoi, APP for State with Inspector Rajeev Kumar and IO/SI Vikrant, PS Geeta Colony ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL. M.A. 36781/2019 1.2. Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 4854/2019 3. Vide the present petition, the petitioner seeks direction thereby for quashing FIR No.54/2018 dated 18.02.2018, registered at Police Station - Geeta Colony, Delhi for the offences punishable under SectionsIPC and all other proceedings emanating therefrom. CRL.M.C.4854/2019 Page 1 of 3 4.5. Notice issued. Notice is accepted by learned APP for the State and counsel for the respondent nos. 2 and 3.6. With the consent of the counsel for the parties, the present pet...


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