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Delhi Court December 2011 Judgments

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Dec 13 2011

Thales Air Systems S.a Vs. Union of India and ors

Court: Delhi

Decided on: Dec-13-2011

* THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 04.11.2011 % Judgment delivered on: 13.12.2011 + WP(C) 1883/2011 THALES AIR SYSTEMS S.A. ...... PETITIONER Vs UNION OF INDIA and ORS. ..... RESPONDENTS Advocates who appeared in this case: For the Petitioner: Mr. V.P. Singh, Sr. Advocate with Ms Tasneem Ahmadi, Mr Anuj Kr. Ranjan and Mr M.I. Choudhary, Advocates. For the Respondents: Mr Sachin Datta, CGSC with Mr Abhimanyu Kumar, Adv. For respondent no..1. Mr. Sandeep Sethi, Sr. Advocate with Mr Digvijay Rai, Sanding Counsel for Respondent No. 2/AAI along with Mr S. Sundara Raman, ED (CNS-P), Mr Sanjan U. Ghosh, GM (CNS-P) and Mr Mansoor Ahmed, Jt. GM (CNS-P). Mr Kamal Mehta, Mr Vivek Bhardwaj and Mr Brijesh Singh, Advocates for Respondent No..3. Mr Suhail Dutt, Sr. Advocate with Mr Ujjwal Sharma and Mr Vishal Dass, Advocates for Respondent No..4. CORAM :- HON'BLE MR JUSTICE SANJAY KISHAN KAUL HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J Main contours of the challenge ...


Dec 13 2011

Vikram Kaushik and anr Vs. Vivek Kaushik

Court: Delhi

Decided on: Dec-13-2011

* HIGH COURT OF DELHI: NEW DELHI Judgment pronounced on: 13.12.2011 + CS(OS) No.1848/2009 VIKRAM KAUSHIK and ANR ..... Plaintiffs Through Mr. Sanjay Jain, Sr. Adv. with Mr. Arjun Mitra, Ms. Ruchi Jain and Ms. Sunanda, Advs. versus VIVEK KAUSHIK ..... Defendant Through Mr. Hemant Budakoti, Adv. with Mr. Joydeep, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J..1. By this common order, I propose to decide the following applications filed by the parties: (i) I.A. No.3742/2010 filed by the defendant, under Order XI, Rules 12 and 14 read with Section 151 CPC, (ii) I.A. No.16735/2010 filed by the plaintiffs, under Section 151 CPC, (iii) I.A. No.4327/2011 filed by plaintiffs, under Order VII, Rule 14 read with Section 151 CPC, and (iv) I.A. No.8387/2011 filed by plaintiffs, under Order XVIII, Rule 1 read with Section 151 CPC. CS(OS) No.1848/2009 Page No.1 of 11.2. The brief facts of the case are that the plaintiffs have instituted the instant suit for partition and mandatory ...


Dec 13 2011

Rajinder Singh Vs. the State Nct of Delhi and anr

Court: Delhi

Decided on: Dec-13-2011

* THE HIGH COURT OF DELHI AT NEW DELHI + Crl.M.C. No. 2950/2009 Reserved on: 30.11.2011 Pronounced on: 13.12.2011 RAJINDER SINGH ..... Petitioner Through : Mr. Hariharan, Adv. versus THE STATE NCT OF DELHI and ANR ..... Respondent Through : Ms. Jasbir Kaur, APP for the State along with SI Alok Bajpei, P.S. Samaipur Badli. Ms. Neha Aggarwal, Adv. for respondent No.2. CORAM: HON'BLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J..1. This is a petition under Section 482 CrPC for quashing of FIR No. 144/93, P.S. Samaipur Badli, under Sections 457/380 IPC and also the charges framed against the petitioner and others under Section 457/380/427/34 IPC and also all the proceedings initiated therein..2. The petitioner and other co-accused persons are facing trial for the above offences in the aforesaid FIR. Large number of witnesses of the prosecution have already been examined and the matter is at the state of completion of prosecution evidence before the Trial Court. Crl.M.C. No.2950/2009 Page 1 of 9.3....


Dec 13 2011

Rajendra Dorian Punj Vs. S.P. Punj and ors

Court: Delhi

Decided on: Dec-13-2011

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI #1 + ARB.P. 481/2007 RAJENDRA DORIAN PUNJ ..... Petitioner Through: Mr. Harish Malhotra, Senior Advocate with Mr. Anupam Sharma, Advocate. versus S.P. PUNJ and ORS. ..... Respondents Through: Mr. Rajeev Sharma with Mr. Uddyam Mukherjee, Advocates for R-2, 4 and 5 CORAM: JUSTICE S. MURALIDHAR ORDER % 13.12.2011.1. This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 ('Act') seeking the appointment of an Arbitrator to adjudicate the disputes between the Petitioner and the Respondent..2. The Petitioner states that he is the son of late Shri V.P. Punj who by virtue of his Will dated 8th April 2005 had bequeathed all his assets, business and interests in favour of the Petitioner including entitlement of his claims against the Respondents..3. The Petitioner states that Respondent Nos.1. to 3 are brothers of father of the Petitioner and Respondent No.4. is the son of Respondent No..2. ARB. P. No. 481/2007 Page 1 of 15 R...


Dec 13 2011

Rakesh Basra Vs. Satsagar Gupta

Court: Delhi

Decided on: Dec-13-2011

* HIGH COURT OF DELHI : NEW DELHI % Judgment pronounced on: 13.12.2011 + IA No. 13117/2011in CS (OS) No. 1936/2008 RAKESH BASRA ..... Plaintiff Through: Mr Mohit Chaudhary, Adv. with Mr Dheeraj Gupta, Mr Aditya Das and Ms Rashi Bansal, Advs. Versus SATSAGAR GUPTA ..... Defendant Through: Nemo. Coram: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J..1. By this order, I propose to decide the I.A. No.13117 of 2011 filed by the plaintiff under Order XII Rule read with Section 151 of CPC a decree of eviction to evict the defendant and anyone acting on his behalf for the property bearing No.48/2, Ground Floor, East Patel Nagar, New Delhi..2. As per the facts mentioned in the plaint, property bearing No. 48/2, Ground Floor, East Patel Nagar, New Delhi (hereinafter referred to as the suit property) was let out to the defendant on 28.01.2004 vide rent agreement dated 28.01.2004 w.e.f. 01.02.2004 for a period of 11 months for a monthly rent of Rs.13000/-..3. It is stated by the plaintiff th...


Dec 13 2011

Hukum Singh Vs. State

Court: Delhi

Decided on: Dec-13-2011

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON: 13.12.2011 + CRL.A.175/1998 CRL.M.A.-6439 and 9030/1999 HUKUM SINGH ..... Appellant Through: Mr. R.K. Bali with Mr. Naveen Kumar Jain and Sachin Kumar Jain, Advocates. versus STATE ..... Respondent Through: Mr. Sanjay Lao, APP. CORAM: MR. JUSTICE S. RAVINDRA BHAT MS. JUSTICE PRATIBHA RANI MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % The appellant challenges judgment and order of the learned ASJ dated 12.01.1998 whereby he was convicted for the offences punishable under Section-302, IPC read with Section-27 of the Arms Act. By an order of sentence dated 13.01.1998, he was directed to undergo life imprisonment for the offence of murder and to undergo three years rigorous imprisonment in respect of the offence under the Crl.A.175/1998 Page 1 of 10 Arms Act. He was also separately sentenced to pay fine..2. The Prosecution's version was that on the night of 10.02.1993, the deceased Subhash (whose mother was the landlady of the premise...


Dec 13 2011

inder Pal Singh and ors Vs. State and anr

Court: Delhi

Decided on: Dec-13-2011

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + + CRL.M.C. 3982/2011 % Judgment delivered on: 13th December, 2011 INDER PAL SINGH and ORS ..... Petitioner Through : Mr.Sunil Sethi, Adv versus STATE and ANR ..... Respondent Through: Mr. Navin Sharma, APP for State/R-1. Mr. Samrat Nigam, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral).1. Vide the instant petition petitioner has sought to quash the FIR No. 379/98 registered at PS-Ambedkar Nagar, U/s.379. Indian Penal Code, 1860 and Under Section 39/44 of Indian Electricity Act and emanating proceedings thereto..2. Vide order dated 01.12.2011, respondent no.2. has sought time to verify the payment being made by the petitioner to his client..3. Mr. Samrat Nigam, Ld. Counsel for respondent no.2. has verified the factum of the petition and submitted that respondent no.2. has received the entire amount. Therefore, no issue is pending with the Crl.M.C.3982/2011 Page 1 of 2 petitioner and if the present FIR and emana...


Dec 13 2011

Surinder Kumar Vs. Brahm Prakash

Court: Delhi

Decided on: Dec-13-2011

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 01.12.2011 Judgment Pronounced on: 13.12.2011 + CS(OS) 2243/1999 SURINDER KUMAR ..... Plaintiff Through: Ms Rachna Agrawal, Adv. versus BRAHM PRAKASH ..... Defendants Through: Mr Jitendra Chaudhary and Mr Bijendra Singh, Advs. CORAM:- HON'BLE MR JUSTICE V.K. JAIN V.K. JAIN, J.1. Vide an Agreement to Sell dated 15th November, 1996, the defendant agreed to sell his 1/4th share in the agricultural land measuring 23 bighas, 6 biswas bearing Mustatil No. 94, Killa Nos. 2/2 (1-16), 14/1 Min. (0-15), 14/2, Min (0-8), 3(4-16), 4 (4-16), 7 (4-16), 8 (4-16), 27 (0- 2), Mustatil No. 67, Kills Nos.23. South (0-15), Khasra No.311. (0-16), situated in the Revenue Estate of Village CS(OS)No. 2243/1999 Page 1 of 32 Bijwasan, Tehsil Mehrauli, New Delhi to the plaintiffs for a sale consideration of Rs 32,76,526/-. The plaintiffs paid part sale consideration of Rs 3,20,000/- to the defendant in three instalments. The balance sale consideration...


Dec 13 2011

Bangaru Laxman Vs. State Thr. Cbi and anr

Court: Delhi

Decided on: Dec-13-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1906/2011 % Reserved on: 01.12. 2011 Decided on: 13.12. 2011 BANGARU LAXMAN ..... Petitioner Through: Mr. Sunil Kumar, Sr. Adv. with Mr. Manish Mohan and Mr. Atul Kumar, Advs. versus STATE THR. CBI and ANR. ..... Respondents Through: Mr. Narender Mann, Standing Counsel for CBI. Ms. Madhurima Tatia, Adv. for R-2. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA.1. The Petitioner is an accused before the learned Special Judge, CBI, Rohini in complaint case No.8/2009 under Sections 120B IPC read with Sections 7 and 9 of the Prevention of Corruption Act, 1988. The allegations against the Petitioner are that he accepted illegal gratification from the journalists of tehelka.com posing as arms dealers. During the course of investigation on 21st March, 2005, Respondent No.2 herein Mr. T. Satyamurthy appeared before the learned Special Judge, CBI and prayed for anticipatory bail under Section 438 Cr.P.C. The said prayer was not opposed by the CBI and R...


Dec 13 2011

Meena Chawla Vs. Prism Entertainment Pvt. Ltd

Court: Delhi

Decided on: Dec-13-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved On: November 25, 2011 Judgment Delivered On: December 13, 2011 + RFA(OS) 48/2011 MEENA CHAWLA ..... Appellant Through: Mr.D.K.Malhotra, Advocate with Mr.Rajesh Kumar Malhotra, Advocate versus PRISM ENTERTAINMENT PVT. LTD. and ORS. ....Respondents Through: Mr.Ravi Gupta, Sr.Advocate with Mr.Gaurav Gupta, Advocate for R-1 and R-4 Mr.Kirti Uppal, Sr.Advocate with Mr.Puneet Bhatnagar, Advocate for R- 2 and R-6 Mr.Suyodhan Byrapaneni, Advocate for Mr.G.Ramakrishna Prasad, Advocate for R-5 RFA(OS) 59/2011 NITU SAINI and ANR. ..... Appellants Through: Mr.Kirti Uppal, Sr.Advocate with Mr.Puneet Bhatnagar and Ms.Richa, Advocates versus MEENA CHAWLA and CO. ....Respondents Through: Mr.D.K.Malhotra, Advocate with Mr.Rajesh Kumar Malhotra, Advocate for R-1 Mr.Ravi Gupta, Sr.Advocate with Mr.Gaurav Gupta, Advocate for R-2 and R-4 RFA (OS) 48/2011 and 59/2011 Page 1 of 22 Mr.Suyodhan Byrapaneni, Advocate for Mr.G.Ramakrishna Prasad, Advoc...


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