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Delhi Court November 2012 Judgments

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Nov 05 2012

Suresh Mansharamani and anr Vs. Gunender Kumar Jain

Court: Delhi

Decided on: Nov-05-2012

$~ 33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 448/2012 % Date of decision: November 5, 2012 SURESH MANSHARAMANI & ANR ..... Appellants Through Mr Atul Batra, Adv. versus GUNENDER KUMAR JAIN Through None. ..... Respondent CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J * 1. By way of this appeal, challenge has been made to the order dated 24.7.2012 passed by the Learned Addl. District Judge, Dwarka Courts, Delhi by which application of appellant no.1 under Order XXXIX Rule 10 of CPC has been dismissed.2. Appellant no.1 herein is the plaintiff before the learned trial court. Appellant no.1/plaintiff has filed a suit for possession, permanent injunction and mesne profits against respondent i.e., defendant before the learned trial court alleging therein that he is the owner of property bearing no.S-17-18, Chankya Place-II, (Opp C-1 Janakpuri), New Delhi and was engaged in the business of export of the readymade garments and would procure the export orders and transfer the s...


Nov 05 2012

National Insurance Company Ltd. Vs. Harish Arora and ors.

Court: Delhi

Decided on: Nov-05-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h November, 2012 + MAC. APP. 839/2010 NATIONAL INSURANCE COMPANY LTD. ... Appellant Through: Mr. L.K. Tyagi, Adv. versus HARISH ARORA & ORS. Through: + ..... Respondents Mr. Sanjeev Mehta, Adv. with Ms. Aruna Mehta, Adv. Adv. for the Claimants. Mr. Rakesh Kumar, Adv. for R-7. MAC. APP. 1075/2012 HARISH ARORA & ANR. Through: ... Appellants Mr. Sanjeev Mehta, Adv. with Ms. Aruna Mehta, Adv. Adv. versus NATIONAL INSURANCE COMPANY LTD. & ORS...... Respondents Through: Mr. L.K. Tyagi, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. These two Appeals MAC APP.839/2010 and MAC APP.1075/2012 arise out of a common judgment dated 14.09.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of `16,02,000/- was awarded for the death of Neelam Arora who died in a motor vehicle accident which occurred on 05.12.2005.2. MAC APP. 839/2009 is for reduction of compen...


Nov 05 2012

Living Media India Limited and ors Vs. --------------------

Court: Delhi

Decided on: Nov-05-2012

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:05.11.2012 COMPANY APPLICATION (M) NO. 172 OF 201.IN THE MATTER OF COMPANIES ACT, 1956 (1 OF 1956.IN THE MATTER OF LIVING MEDIA INDIA LIMITED APPLICANT/TRANSFEROR COMPANY AND THOMSON PRESS (INDIA) LIMITED APPLICANT/ TRANSFEREE COMPANY Through: Mr. Anirudh Das and Mr. Rohan Dheman, Advocates for the Applicant Companies INDERMEET KAUR, J.(Oral) 1. This is a first motion joint application under sections 391-394 of the Companies Act, 1956, in connection with a Scheme of Arrangement between Limited Media India Limited and Thomson Press (India) Limited. A copy of the proposed Scheme of Arrangement is filed along with the Application.2. The registered offices of the Applicant/Transferor Company and the Applicant/Transferee Company are situated within the National Capital Territory of Delhi and are within the jurisdiction of this Court.3. Details with regard to the date of incorporation of the Applicant/Transferor Company and Ap...


Nov 05 2012

Manoj Kumar Vs. Union of India and anr

Court: Delhi

Decided on: Nov-05-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: November 05, 2012 + W.P.(C) 6966/2012 MANOJ KUMAR ..... Petitioner Represented by: Mr.Anil Singal, Advocate. versus UNION OF INDIA AND ANR ..... Respondent Represented by: Mr.Amrit Pal Singh, Advocate and Ms.Gurjinder Kaur, Advocate. CORAM: HONBLE MR. JUSTICE PRADEEP NANDRAJOG HONBLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) 1. Since the facts stated in the writ petition are not disputed, with consent of learned counsel for the parties the writ petition is being disposed of today itself.2. Employed as a Constable (GD) in CRPF the petitioner took the CPO Examination 2009 held by Staff Selection Commission for the post of Sub-Inspector. The results were declared on July 20, 2010. In spite of having qualified at the written examination as also the interview and notwithstanding petitioner having obtained marks above the cut-off point, he was surprised to note that his name was not included in the select list. The...


Nov 05 2012

Govt. of Nct of Delhi Vs. Ashwani Aggarwal and ors.

Court: Delhi

Decided on: Nov-05-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL. REV. P. NO. 378/2010 Date of Decision:5. h November, 2012 + # ! NEHA MONGA ....Petitioner Through: Mr. Vivek Sood, Advocate Versus $ STATE & ORS. Respondents Through: Mr. M.N. Dudeja, APP for the State with ASI Rishali Yadav PS Tilak Nagar Ms. Rebecca M. John, Mr. Kushdeep Gaur & Mr. Abhishek Batra, Advocates for R-5 WITH % # ! CRL. REV. P. NO. 402/2010 MAMTA AGGARWAL & ANR. ....Petitioners Through: Mr. Vinod Kumar, Advocate Versus $ STATE Respondent Through: Mr. M.N. Dudeja, APP WITH % # ! CRL. REV. P. NO. 660/2010 POOJA GUPTA & ANR. ....Petitioners Through: Mr. P.S. Goindi, Advocate Versus $ Respondent Through: Mr. M.N. Dudeja, APP STATE AND % CRL. REV. P. NO. 332/2011 # ! GOVT. OF NCT OF DELHI ....Petitioner Through: Mr. M.N. Dudeja, APP Versus $ * ASHWANI AGGARWAL & ORS. Respondents Through: Ms. Rebecca M. John, Mr. Kushdeep Gaur & Mr. Abhishek Batra, Advocates for R-4 CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: These ...


Nov 05 2012

Suresh Pehlwan @ Suresh Basoya and anr Vs. State of Delhi

Court: Delhi

Decided on: Nov-05-2012

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:05. 11.2012 CRL. A 72/2009 SURESH PEHLWAN @ SURESH BASOYA AND ANR ... Appellants - versus STATE OF DELHI ... Respondent AND + CRL. A 73/2009 DALIP KUMAR @ GUDAR ... Appellant - versus THE STATE ... Respondent Advocates who appeared in this case: For the Appellants : Mr Ajay Verma For the Respondent : Ms Richa Kapur CORAM:HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MS JUSTICE VEENA BIRBAL JUDGMENT BADAR DURREZ AHMED, J 1.These two appeals are being decided together as they are directed against the same judgment and order on the point of sentence. The judgment dated 11.11.2008 delivered by the Additional Sessions Judge-01, South, Patiala House Courts, New Delhi in Sessions Case No. 203/2006 arising out of FIR 225/2003 registered at Police Station Kotla Mubarak Pur, under Sections 302/120B/34 IPC and Sections 25/27 of the Arms Act, 1959 is under challenge in these appeals.2. By virtue of the impugned judgment dated 11.11.200...


Nov 05 2012

Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.

Court: Delhi

Decided on: Nov-05-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 3 & 29 (Reportable) + EA Nos. 790-91 of 2012 in EX.P. 168 of 1998 FUERST DAY LAWSON LTD. ..... Decree Holder Through: Mr. Dushyant Dave, Sr. Advocate with Ms. Sangeeta Bharti, Mr. Ashish Kumar & Mr. Vikrant Nagpal, Advocates versus JINDAL EXPORTS LTD. Through: ..... Judgement Debtor Mr. Anil Kher, Sr. Advocate with Ms. Anne Mathew, Advocate AND + EA No.789 of 2012 in EX.P. 169 of 1998 FUERST DAY LAWSON LTD. ..... Decree Holder Through: Mr. Dushyant Dave, Sr. Advocate with Ms. Sangeeta Bharti, Mr. Ashish Kumar & Mr. Vikrant Nagpal, Advocates versus JINDAL EXPORTS LTD. Through: ..... Judgement Debtor Mr. Anil Kher, Sr. Advocate with Ms. Anne Mathew, Advocate CORAM: JUSTICE S. MURALIDHAR % Ex.P. Nos.168 of 1998 and 169 of 1998 ORDER 1 These are applications filed by the Judgment Debtor (JD), Jindal Exports Limited (JEL), seeking certain directions in the execution petitions.2. The background to these applications is that there were two foreign ...


Nov 05 2012

Dalip Kumar @ Gudar Vs. the State

Court: Delhi

Decided on: Nov-05-2012

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:05. 11.2012 CRL. A 72/2009 SURESH PEHLWAN @ SURESH BASOYA AND ANR ... Appellants - versus STATE OF DELHI ... Respondent AND + CRL. A 73/2009 DALIP KUMAR @ GUDAR ... Appellant - versus THE STATE ... Respondent Advocates who appeared in this case: For the Appellants : Mr Ajay Verma For the Respondent : Ms Richa Kapur CORAM:HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MS JUSTICE VEENA BIRBAL JUDGMENT BADAR DURREZ AHMED, J 1.These two appeals are being decided together as they are directed against the same judgment and order on the point of sentence. The judgment dated 11.11.2008 delivered by the Additional Sessions Judge-01, South, Patiala House Courts, New Delhi in Sessions Case No. 203/2006 arising out of FIR 225/2003 registered at Police Station Kotla Mubarak Pur, under Sections 302/120B/34 IPC and Sections 25/27 of the Arms Act, 1959 is under challenge in these appeals.2. By virtue of the impugned judgment dated 11.11.200...


Nov 05 2012

Col.(Retd) Anil Kumar Bansal and Another Vs. Shri R.K. Bansal and Othe ...

Court: Delhi

Decided on: Nov-05-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 387/2007 Date of Decision:5. h November, 2012 IN THE MATTER OF: COL.(RETD) ANIL KUMAR BANSAL & ANOTHER ..... Plaintiffs Through: Mr. D.S. Vohra, Advocate versus SHRI R.K. BANSAL & OTHERS ..... Defendants Through: Mr. T.C. Chaudhary, Advocate for LRs of D-1 & D-3. Mr. S.C. Rana, Advocate for D-2. Ms. Kusum Sanehi, Advocate for D-5. Mr.A.K. Sharma, Advocate for D-4,9,11,12 & 18. Mr. K.K. Bhalla, Advocate with Mr. S.K. Kalia, Advocate for D-14 to D-17. Mr. Anil Sapra, Senior Advocate with Mr. Rahul Kumar and Mr. S. Sharma, Advocates for D-19. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) I.A. No. 8753/2010 (by the defendant No.19 u/O VII R 1.CPC) 1. The present application has been filed by the defendant No.19, praying inter alia that the suit for partition, declaration and injunction instituted by the plaintiffs against the defendants be rejected on the ground that insufficient court fees has been affixed on the plaint.2. Mr. ...


Nov 05 2012

Gurdas Ram and ors. Vs. Union of India and ors.

Court: Delhi

Decided on: Nov-05-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: October 11, 2012 Pronounced on: November 05, 2012 + (i) W.P.(C) No. 5175/1998 & CM No. 14513/2010 GURDAS RAM & ORS. ..... Petitioner Through: Mr. M.K. Singh, Advocate for petitioners No.1, 3, 4 & 6 Mr. G.K. Sharma, Advocate for petitioners no.2 and 5. versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Joydeep Mazumdar, Mr.Rohit Dutta, Ms. Soumya Dutta, & Ms.Samina Sheikh, Advocates for respondents No. 1 to 3. Mr. Saurav Aggarwal, Advocate for R-4/IRCTC + (ii) W.P.(C) No.4566/2001 ROSHAN LAL & ORS. ..... Petitioners Through: Mr. K.C. Mittal & Ms. Anjali Nehra, Advocates versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Joydeep Mazumdar, Mr.Rohit Dutta, Ms. Soumya Dutta, & Ms.Samina Sheikh, Advocates for respondent - Northern Railways + (iii) W.P.(C) No.2502/2003 ALL INDIA VENDORS ASSOCIATION ... Petitioner Through: Mr. Manoj Saxena & Mr. Shwetank Sailakwal, Advocates versus UNION OF INDIA & ORS. ..... Respondents ...


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