Delhi Court February 2011 Judgments
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Green Delhi Bqs Ltd. and anr. Vs. Municipal Corporation of Delhi and a ...
Court: Delhi
Decided on: Feb-23-2011
1. Whether reporters of the local newspapers be allowed to see the judgment? No2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported in the Digest? Yes Background facts1. There are two writ petitions under Article 226 of the Constitution by Green Delhi BQS Ltd. (hereinafter Green Delhi). They arise in the context of a contract titled as a Concession Agreement (CA) entered into on 26 th July 2007 between Green Delhi and the Delhi Transport Corporation (DTC) for the construction, operation and maintenance on Build Operate and Transfer basis of 225 Bus Queue Shelters (BQSs) under DOT-I (enhanced 248 BQSs) for a period of ten years. The broad features of the CA were that Green Delhi would erect the BQSs in accordance with pre-determined specifications at earmarked locations. Green Delhi was to pay DTC Rs. 93,800 per BQS as "concession fee". Green Delhi would generate revenue through display of advertisements on the BQSs. The CA had clauses for dispute reso...
Dr. T.S. Kler Vs. Govt. of Nct of Delhi and anr.
Court: Delhi
Decided on: Feb-23-2011
1. Whether reporters of local papers may be allowed to see the judgment?2. To be referred to the reporter or not?3. Whether judgment should be reported in Digest?1. This petition under Article 226 & 227 of the Constitution of India read with Section 482 Cr. P.C. was filed by the petitioner for quashing of summoning order, dated 3rd June, 2006, passed by learned MM, in the complaint case of medical negligence against the petitioner whereby he was summoned as an accused.2. The petitioner was working as Senior Consultant and Director, Interventional Cardiology, at Escorts Heart Institute and Research Centre and had treated Mr. D.B. Bhasin. The patient was advised to undergo Angiography as he was suffering from unstable angina. He was admitted in the hospital and his Angiography was conducted by the petitioner with a team of Doctors. After the Angiography, the patient complained of pain in his chest. He was prescribed and administered medication. Thereafter the patient was advised to under...
Shankar Dass Mimani Vs. State and ors.
Court: Delhi
Decided on: Feb-23-2011
1. Whether reporters of local papers may be allowed to see the judgment?2. To be referred to the reporter or not?3. Whether judgment should be reported in Digest? ORDER1. This application has been preferred by the son of the petitioner accompanied with an application for substituting him as legal heir of the petitioner.2. It is an undisputed fact that the petitioner died on 11th June, 2009. On 9th July, 2009 when the matter was taken up, the counsel for the petitioner informed about the death of the petitioner and stated that steps would be taken to bring Lrs of the deceased petitioner on record. Thereafter, none appeared for the petitioner and this petition was dismissed for non prosecution on 28th October 2009 by this Court.3. The present application for restoration has been preferred on behalf of the petitioner by his son after delay of over 390 days of dismissal of the petition for non prosecution and after 537 days of the death of the petitioner.4. The present writ petition was fi...
Sushil Kumar Vs. State
Court: Delhi
Decided on: Feb-23-2011
1. Whether the Reporters of local papers may be allowed to see the judgment?2. To be referred to Reporter or not?3. Whether the judgment should be reported in the Digest? 1. When examined under Section 313 Cr.P.C., to the last question: 'Have you anything else to say?' The appellant answered:-"I am innocent. On 10.5.1997 my daughter Rano was not keeping well and was vomiting. My wife Madhu was not able to feed her and milk was being administered to my daughter from outer sources. On that day, I alongwith my elder brother who has since died and my mother was in the house I had told my wife to not to administer the milk since the child was vomiting but despite my advise Madhu administered her the milk from a bottle and after that she went to the dispensary and in the meantime, when I went near the child after meeting my elder brother who was sitting on the ground floor, I found that the child was not responding. I immediately rushed to the doctor S.T.Singh about whom I had told the I.O. ...
Rajesh Bhalla Vs. Rieva Bhalla Nee Rieva Roshan
Court: Delhi
Decided on: Feb-23-2011
1. Whether reporters of local papers may be allowed to see the judgment?2. To be referred to the reporter or not?3. Whether judgment should be reported in Digest?1. This petition under Section 482 Cr.P.C has been preferred by the petitioner against an order dated 30th July, 2008 passed by learned Additional Sessions Judge, Delhi setting aside the order of learned MM dated 1st May, 2007 and directing that the petitioner/ accused be summoned under Section 499, 500 IPC and he be proceeded as per law.2. A perusal of the present petition would show that the learned Sessions Judge had not served any notice to the petitioner and observed that since the complaint was dismissed even before summoning of the petitioner, thus there was no need to issue notice. However, learned Sessions Judge made following observations in his order:"17. In the present case what we find, The petitioner in her plaint certified copy of which was proved on record as Ex.CW-1/F, inter alia, claimed that in view of the m...
Prashant Projects(P) Ltd. Vs. Indian Oil Corpn. Ltd.
Court: Delhi
Decided on: Feb-22-2011
1. Whether reporters of local papers may be allowed to see the Judgment? No2. To be referred to the Reporter or not? Yes3. Whether the Judgment should be reported in the Digest? Yes CM No.2084/20111. Allowed, subject to all just exceptions. FAO(OS) No.53-54/20112. This Appeal has been filed under Section 10 of the Delhi High Court Act, 1966 (DHC Act for short) against the Order passed by the learned Single Judge on 21.1.2011 dismissing the Plaintiffs application under Order XXVI Rule 9 of the Code of Civil Procedure, 1908 (CPC for short) praying for the appointment of a Local Commissioner for carrying out measurement of the work done by the Plaintiff.3. We have summoned and perused the original documents, especially because a copy of IA No.17646/2010 under Order XXVI Rule 9 of the CPC appears not to have been placed on record. In the said application, there is no mention of the fact that a joint inspection of the Project had been carried out and/or that the Defendant/Respondent had not...
Salim Khan Vs. Shaista and ors
Court: Delhi
Decided on: Feb-22-2011
1. Whether reporters of local papers may be allowed to see the judgment?2. To be referred to the reporter or not?3. Whether judgment should be reported in Digest? 1. By this revision petitioner has assailed order dated 6 th May, 2010 passed by learned ASJ dismissing an application under Section 311 Cr. P.C. The petitioner is complainant/ brother of deceased in a case under Section 302/120-B/34 IPC. Respondent No. 1 to 4 are the accused persons who are facing trial. The petitioner made an application that additional witness namely Shama and Suhail, who are the children of the deceased and were present at the time of incident should be called and examined by the Court as witnesses. Shama is 13 years old and Suhail is 9 years of age. It is averred that they were sleeping in the same premises besides accused Shaista and deceased Tasleem on the night of commission of offence. Accused Shaista is non-else but mother of the two children. Accused Shaista scared and warned them not to speak anyt...
Deepali Designs and Exhibits Private Limited Vs. Pico Deepali Overlays ...
Court: Delhi
Decided on: Feb-22-2011
1. Whether reporters of local papers may be allowed to see the Judgment? Yes2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported in the Yes Digest?1. The plaintiff has filed the above suit for recovery, declaration, dissolution & rendition of accounts and mandatory injunction. Alongwith the plaint, the application seeking interim reliefs being IA No.16915/2010 has been filed under Order 39 Rules 1 & 2 CPC seeking the following ad interim ex-parte injunction orders:-"i. Thereby directing the defendant no.5 not to release any payment in favour of defendant no.1 till the pendency of the present suit; ii. Restraining the defendant No.1 and 2 or their agents, servants, representatives, etc. from operating the bank account bearing no.166189464001, with the Barakhamba Road Branch of H.S.B.C. Bank, till the final disposal of the accompanying suit.iii. Restraining defendant No.3 or their agents, servants, representatives etc. from operating the bank account be...
Ex.Constable Gurdeep Singh Vs. Uoi and anr.
Court: Delhi
Decided on: Feb-22-2011
1. Whether the Reporters of local papers may be allowed to see the judgment?2. To be referred to Reporter or not?3. Whether the judgment should be reported in the Digest?1. Vide order dated 8.12.2008 penalty of dismissal from service has been inflicted upon the petitioner against which appeal filed has been rejected vide order dated 30.11.2009, both of which have been challenged in the instant writ petition. It be noted that the petitioner was tried at a Summary Security Force Court for offences stated to have been committed under Section 20(a), 26 and 19(a) of the BSF Act 1968. The charges against the petitioner which were framed at the trial read as under:-"FIRST CHARGE ASSAULTING A SUPERIOR OFFICER BSF ACT 1968 In that he, SECTION20 (A) At BOP Narukhaki on 01/06/08 at about 2120 hrs attempted to assault SI Shyam Deo of 105 Bn BSF with his Rifle.SECOND INTOXICATION CHARGE In that he, BSF ACT 1968 on 01/06/2008 at 2115 hrs at BOP SECTION-26 Narukhaki, was found in a state of intoxicat...
Sadhu Singh Vs. State and Others
Court: Delhi
Decided on: Feb-22-2011
1. Whether Reporters of Local papers may No be allowed to see the Judgment?2. To be referred to the Reporter or not? No3. Whether the judgment should be No reported in the Digest?1. The present petition is filed by the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. praying inter alia for directions to respondents No.4 and 5 to provide protection to the petitioner by filing FIR against respondents No.2 and 3 and further restraining them from entering the property of the petitioner and harassing him. Respondent No.2 is the elder son of the petitioner.2. Status report is handed over by the learned ASC for State. In para 1 of the status report, it is mentioned that on 15.1.11, a DD No.17A was received at PS Kirti Nagar, Delhi, that a quarrel took place at the premises of the petitioner. Upon inquiry, it was revealed that there was an ongoing dispute between the family members of the petitioner regarding some construction on the first floor of the pr...
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