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Delhi Court November 2012 Judgments

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Nov 29 2012

U.P. State Road Transport Corporation Vs. Mithlesh and ors.

Court: Delhi

Decided on: Nov-29-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC.APP. 248/2011 U.P. STATE ROAD TRANSPORT CORPORATION...... Appellant Through: Ms. Garima Prashad, Adv. with Mr. Shadab Khan, Adv. versus MITHLESH & ORS. Through: + ..... Respondents Mr. O.P. Mannie, Adv. MAC.APP. 253/2011 MITHLESH & ORS. Through: ....... Appellants Mr. O.P. Mannie, Adv. versus + U.P. STATE ROAD TRANSPORT CORPORATION & ORS. ..... Respondents Through: Ms. Garima Prashad, Adv. with Mr. Shadab Khan, Adv. MAC.APP. 250/2011 U.P. STATE ROAD TRANSPORT CORPORATION...... Appellant Through: Ms. Garima Prashad, Adv. with Mr. Shadab Khan, Adv. versus PAPPU Through: ..... Respondent Mr. O.P. Mannie, Adv. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. These three Appeals (MAC APP.248/2011, 253/2011 & 250/2011) arise out of a common judgment dated 20.11.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of `85,001/- was awarded in f...


Nov 29 2012

Rakhi Gupta Vs. Zahoor Ahmad and ors

Court: Delhi

Decided on: Nov-29-2012

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1147/2012 RAKHI GUPTA Through versus ..... Plaintiff Mr.F.K. Jha, Adv. ZAHOOR AHMAD & ORS ..... Defendant Through Mr.Varun Goswami, Adv. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR ORDER % 29.11.2012 I.A. No. 15133/2012(O. 7 Rule 11 of CPC) By this order, I shall dispose of the application filed by defendant No.1 under Order7 Rule11 of Code of Civil Procedure, 1908 seeking rejection of plaint, on the ground that the present suit filed by the plaintiff is barred by Section 6 of the Hindu Succession Act, 1956. Addressing arguments on the Goswami, counsel for the defendant no.1 present application, submits that present matter first opened on 26.11.1968, on the Mr. Varun succession in the death of plaintiffs grandfather, Shri Bhuleshwar Nath, and reopened on 31.12.92 at the time of death of the father of the plaintiff . Counsel submits that the amended Hindu Succession Act, 1956 came into effect plaintiff being the daughter on 9.9.2005...


Nov 29 2012

Jagbandhu Dass Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Nov-29-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :27. h SEPTEMBER, 2012 DECIDED ON :29. h November, 2012 + CRL.A. 327/2011 BHASKER MAHALIK Through : ..... Appellant Mr.Joginder Tuli, Advocate with Mr.Aekansh Shukla, Advocate. versus STATE Through : ..... Respondent Ms.Richa Kapoor, APP. CRL.A. 328/2011 NIRANJAN MAHALIK Through : ..... Appellant Mr.Joginder Tuli, Advocate with Mr.Aekansh Shukla, Advocate. versus STATE (NCT OF DELHI) Through : ..... Respondent Ms.Richa Kapoor, APP. CRL.A. 329/2011 JAGBANDHU DASS Through : ..... Appellant Mr.Joginder Tuli, Advocate with Mr.Aekansh Shukla, Advocate. versus STATE (NCT OF DELHI) Through : ..... Respondent Ms.Richa Kapoor, APP. CORAM: MR. JUSTICE SANJIV KHANNA MR. JUSTICE S.P.GARG S.P.GARG, J.The present appeals are dismissed in terms of a detailed common judgment delivered today which is placed in the file of Crl.A.No.326/2011 titled Bhawgan Mahalik versus State (NCT of Delhi). (S.P.GARG) JUDGE (SANJIV KHANNA) JUDGE November 29, 2012 sa...


Nov 29 2012

Court on Its Own Motion Vs. Randhir Jain

Court: Delhi

Decided on: Nov-29-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: November 29, 2012 + CRL.C.REF.4/2010 COURT ON ITS OWN MOTION In Re: RANDHIR JAIN .Respondent/Contemnor Represented by: Mr.Kailash Vasdev, Sr. Advocate/Amicus Curiae instructed by Ms. Shruti Bhasin, Advocate. Mr.S.S.Mishra, Advocate for the respondent with respondent in person. CORAM: HONBLE MR. JUSTICE PRADEEP NANDRAJOG HONBLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG,J.(ORAL) 1. Having perused the record of the proceedings of the learned Metropolitan Magistrate, applying the precautionary principle for the reason facts of are a kind where it may not be possible to find out the correct version, we discharge the notice of contempt issued.2. Our reasons for so doing.3. As per the order passed by the learned Metropolitan Magistrate making the reference and enclosing therewith the order dated May 21, 2010, it stands recorded that the respondent had an altercation with the Judge and shouted and before leaving the Court said Yo...


Nov 29 2012

Rajinder Kumar Vs. Lal Bachan and ors.

Court: Delhi

Decided on: Nov-29-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC.APP. 76/2012 RAJINDER KUMAR Through: ..... Appellant Mr. Gurmit Singh Hans, Adv. versus LAL BACHAN & ORS. Through: ..... Respondents Mr. R.K. Tripathi, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. Appellant Rajinder Kumar, who is the owner of the offending truck not DL-1GA-8816 impugns a judgment dated 30.07.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding compensation of `3,55,414/- in favour of the First Respondent, the Claims Tribunal granted recovery rights against the Appellant on the premise that the driving licence held by the Second Respondent was fake and the Appellant committed a breach of the terms and conditions of the policy.2. The quantum of compensation and the finding on negligence is not challenged by the Appellant. Thus, the same has attained finality.3. While holding that the Appellant was not vi...


Nov 29 2012

U.P. State Road Transport Corporation Vs. Pappu

Court: Delhi

Decided on: Nov-29-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h November, 2012 + MAC.APP. 250/2011 U.P. STATE ROAD TRANSPORT CORPORATION...... Appellant Through: Ms. Garima Prashad, Adv. with Mr. Shadab Khan, Adv. versus PAPPU Through: ..... Respondent Mr. O.P. Mannie, Adv. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in MAC.APP. 248/2011 titled U.P. STATE ROAD TRANSPORT CORPORATION v. MITHLESH & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE NOVEMBER 29 2012 vk...


Nov 29 2012

Niranjan Mahalik Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Nov-29-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :27. h SEPTEMBER, 2012 DECIDED ON :29. h November, 2012 + CRL.A. 327/2011 BHASKER MAHALIK Through : ..... Appellant Mr.Joginder Tuli, Advocate with Mr.Aekansh Shukla, Advocate. versus STATE Through : ..... Respondent Ms.Richa Kapoor, APP. CRL.A. 328/2011 NIRANJAN MAHALIK Through : ..... Appellant Mr.Joginder Tuli, Advocate with Mr.Aekansh Shukla, Advocate. versus STATE (NCT OF DELHI) Through : ..... Respondent Ms.Richa Kapoor, APP. CRL.A. 329/2011 JAGBANDHU DASS Through : ..... Appellant Mr.Joginder Tuli, Advocate with Mr.Aekansh Shukla, Advocate. versus STATE (NCT OF DELHI) Through : ..... Respondent Ms.Richa Kapoor, APP. CORAM: MR. JUSTICE SANJIV KHANNA MR. JUSTICE S.P.GARG S.P.GARG, J.The present appeals are dismissed in terms of a detailed common judgment delivered today which is placed in the file of Crl.A.No.326/2011 titled Bhawgan Mahalik versus State (NCT of Delhi). (S.P.GARG) JUDGE (SANJIV KHANNA) JUDGE November 29, 2012 sa...


Nov 29 2012

Sita Ojha Vs. Delhi Development Authority and anr

Court: Delhi

Decided on: Nov-29-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 77.OF 2012.CMs No. 19869/2012 (stay), 19870/2012 (additional documents), 19871/2012 (delay) % Judgment Delivered on 29.11.2012 SITA OJHA Through : . . . Appellant Mr. Tanmaya Mehta, Advocate. VERSUS DELHI DEVELOPMENT AUTHORITY & ANR Respondents Through: Mr. Ajay Verma, Advocate for DDA Mr. Sitab Ali Chaudhary, Advocate for Respondent No.2 CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This intra Court appeal impugns the orders dated 3 rd August, 2012 and 28th September, 2012 of the learned Single Judge in WP(C) No.4648/2012 filed by the respondent No.2 Mrs. Malti Tiwari against respondent No.1 DDA. Though the appellant was not a party to the writ petition from which this appeal arises, but claiming to be aggrieved from the orders made therein, has preferred this appeal.2. The respondent No.2 filed the writ petition aforesaid pleading, i) that her father-in-law Dr. Shiva Murti Tiwari was an a...


Nov 29 2012

Jagdish Nautiyal Vs. State

Court: Delhi

Decided on: Nov-29-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPL. NO.1317/2012 Date of Decision:29. 11.2012 JAGDISH NAUTIYAL Petitioner Through : Mr. K.K. Sud, Sr. Advocate with Mr. Jayant K. Sud, Mr. Vishal Dabas, Mr. Ujas Kumar and Mr. Chirag Khurana, Advocates. Versus STATE Respondent Through: Mr. Sunil Sharma, APP CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(Oral) 1. This is a petition for grant of anticipatory bail in respect of FIR no.67/2011, u/S 376/420/495 IPC registered by PS Crime Against Women Cell, Nanakpura.2. Briefly stated the facts of the prosecution case are that on 15.9.2010, the complainant one Geeta, a permanent resident of Dehradun filed a complaint in Crime Against Women Cell, Nanakpura, New Delhi against the present petitioner/Jagdish Nautiyal working as a Private Secretary in the National Human Rights Commission. In the said complaint, the complainant levelled allegations that she was married to one Sushil Kumar in the year 1994 and from the said wedlock, she was b...


Nov 29 2012

Kamal NaraIn Kapoor and anr Vs. State and anr

Court: Delhi

Decided on: Nov-29-2012

25 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1281/2010 & CRL.M.A. 5219/2010 KAMAL NARAIN KAPOOR & ANR ..... Petitioners Through: Mr. S.S. Gandhi, Senior Advocate with Mr. Dveep Ahuja, Advocate for petitioner No.1. Mr. Deepak Anand Masih, Advocate for petitioner No.2. versus STATE & ANR ..... Respondents Through: Mr. Manoj Ohri, APP for State with SI Manvendra Singh, PS Sarojini Nagar, New Delhi. Mr. A.K. Srivastava, Advocate with Ms. Anita Kapoor, Advocate for respondent No.2. Date of Decision:29. h November, 2012 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (ORAL):1. Present petition has been filed under Section 482 Cr.P.C. seeking setting aside of the order dated 05th March, 2010 passed by the Additional Sessions Judge, New Delhi whereby the Metropolitan Magistrates order dated 27th January, 2009 discharging the petitioners under Section 420/406 IPC was set aside.2. On the last date of hearing, Mr. S.S. Gandhi, learned Senior Counsel had argued the matter ...


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