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Delhi Court December 2012 Judgments

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Dec 22 2012

Unitech Wireless (Tamil Nadu) Pvt. Ltd. Vs. Viom Networks Ltd. and anr ...

Court: Delhi

Decided on: Dec-22-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : December 22, 2012 + FAO(OS) 613/2012 UNITECH WIRELESS (TAMIL NADU) PVT. LTD. ..... Appellant Represented by: Mr.Rajiv Nayyar, Sr.Advocate Mr.Sandeep Sethi, Sr.Advocate instructed by Mr.Sitesh Mukherjee, Mr.Ashish Dholakia, Ms. Padmaja Kaul, Ms. Preeti Gupta, Advocates. versus VIOM NETWORKS LTD. & ANR. ..... Respondents Represented by: Mr.Sanjay Jain, Sr.Advocate instructed by Mr.Jai Mohan and Ms.Shreya Sircar, Advocates. AND FAO(OS) 614/2012 TELEWINGS COMMUNICATION SERVICES ..... Appellant Represented by: Mr.Rajiv Nayyar, Sr.Advocate Mr.Sandeep Sethi, Sr.Advocate instructed by Mr.Sitesh Mukherjee, Mr.Ashish Dholakia, Ms.Padmaja Kaul, Ms. Preeti Gupta, Advocates. versus VIOM NETWORKS LTD. & ANR. ..... Respondent Represented by: Mr.Sanjay Jain, Sr.Advocate instructed by Mr.Jai Mohan and Ms.Shreya Sircar, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH CM No.21594/2012 & 21595/2012...


Dec 22 2012

Telewings Communication Services Vs. Viom Networks Ltd. and anr.

Court: Delhi

Decided on: Dec-22-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : December 22, 2012 + FAO(OS) 613/2012 UNITECH WIRELESS (TAMIL NADU) PVT. LTD. ..... Appellant Represented by: Mr.Rajiv Nayyar, Sr.Advocate Mr.Sandeep Sethi, Sr.Advocate instructed by Mr.Sitesh Mukherjee, Mr.Ashish Dholakia, Ms. Padmaja Kaul, Ms. Preeti Gupta, Advocates. versus VIOM NETWORKS LTD. & ANR. ..... Respondents Represented by: Mr.Sanjay Jain, Sr.Advocate instructed by Mr.Jai Mohan and Ms.Shreya Sircar, Advocates. AND FAO(OS) 614/2012 TELEWINGS COMMUNICATION SERVICES ..... Appellant Represented by: Mr.Rajiv Nayyar, Sr.Advocate Mr.Sandeep Sethi, Sr.Advocate instructed by Mr.Sitesh Mukherjee, Mr.Ashish Dholakia, Ms.Padmaja Kaul, Ms. Preeti Gupta, Advocates. versus VIOM NETWORKS LTD. & ANR. ..... Respondent Represented by: Mr.Sanjay Jain, Sr.Advocate instructed by Mr.Jai Mohan and Ms.Shreya Sircar, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH CM No.21594/2012 & 21595/2012...


Dec 21 2012

Dda(Slum) Sc/St Engineers Assoc. and ors. Vs. Dda and ors.

Court: Delhi

Decided on: Dec-21-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P (C) No. 3126/1992 % Judgment reserved on:13. 09.2012 Judgment delivered on:21. 12. 2012 DDA(SLUM) SC/ST ENGINEERS ASSOC. & ORS. ..... Petitioners Through: Mr. R.R. Kishore, Adv. versus DDA & ORS. ..... Respondents Through: Mr.Arun Birbal and Mr. Paramhans, Advocates for Respondent DDA. Ms. Mini Pushkarna, Standing Counsel with Mr. S. Tyagi, Advocate for Respondent MCD. Mr.Jagat Rana, Advocate for Respondents No.6 & 7 / Delhi Urban Shelter Improvement Board. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Vide the instant petition, initially the petitioners had sought the following reliefs:(i) That the act of non-consideration of the petitioner 2 to 5 and other similarly placed persons in the Cadre of J.E.(Civil) for promotion to the post of Asstt. Engineer (Civil) under Respondents 2 against the reserved posts of A.E.(Civil) for SC/ST candidates by the Respondents 1&2 is arbitrary, illegal, discriminatory and consequently further...


Dec 21 2012

Kiran Sachdeva and anr. Vs. Pushpa Devi and anr.

Court: Delhi

Decided on: Dec-21-2012

* THE HIGH COURT OF DELHI AT NEW DELHI + R.C.REV. 216/2012 Date of Decision:21. 12.2012 KIRAN SACHDEVA & ANR. Through: ...Petitioner Ms. Amrit Kaur Oberoi, Adv. Versus ...Respondent PUSHPA DEVI & ANR. Through: Mr. Vivek Singh, Adv. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.1. This revision petition under Section 25-B(8) of the Delhi Rent Control Act (for short the Act) is directed against the order of Addl. Rent Controller (ARC), North, Tis Hazari Courts dated 04th February, 2012, whereby the leave to defend application filed by the petitioners, was dismissed.2. The petitioners are the tenants in respect of one shop at the ground floor of the property bearing No. 29-E, Kamla Nagar, Delhi under the respondents/landlords. Their eviction was sought from the tenanted shop on the ground of bona fide requirement thereof by the respondents for running therein business of readymade garments. It was their case that they do not have any other reasonably suitable space for this purpose i...


Dec 21 2012

Brij Bhushan Bansal Vs. Union of India and Another

Court: Delhi

Decided on: Dec-21-2012

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. 12.2012 W.P. (CRL) 1530/2010 BRIJ BHUSHAN BANSAL Petitioner Versus UNION OF INDIA & ANOTHER Respondents WITH + W.P. (CRL) 1531/2010 YATINDRA KUMAR AGGARWAL & ANOTHER Petitioners Versus UNION OF INDIA & ANOTHER Respondents Advocates who appeared in this case: For the Petitioners : Mr Amit Bansal For the Respondents : Mr A.S. Chandhiok, ASG with Mr P.S. Parmar, Mr N.K. Matta, Mr Satish Aggarwal, Ms Inderjit Sidhu and Ms Jasbir Kaur AND + W.P. (CRL) 44/2011 HIMANSHU KULSHRESTHA Petitioner Versus UNION OF INDIA & ANOTHER Respondents Advocates who appeared in this case: For the Petitioner : Ms Shyamila Pappu, Sr Advocate with Mr B.B. Pradhan and Mr A.K. Yadav For the Respondents : Mr A.S. Chandhiok, ASG with Mr P.S. Parmar, Mr N.K. Matta, Mr Satish Aggarwal, Ms Inderjit Sidhu and Ms Jasbir Kaur CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MS JUSTICE VEENA BIRBAL JUDGMENT BADAR DURREZ AHMED, J 1.An interesting question h...


Dec 21 2012

Nathu Sweets Vs. Sarvesh Chand Gupta

Court: Delhi

Decided on: Dec-21-2012

* THE HIGH COURT OF DELHI AT NEW DELHI + C. M. (M) 1186/2011 Date of Decision:21. 12.2012 NATHU SWEETS ....Petitioner Through: Mr. Sunil Mittal, Adv. Versus ...Respondent SARVESH CHAND GUPTA Through: Mr. P.K. Rawal & Mr. Ajay Bahl, Advs. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.1. This is a petition under Article 227 of the Constitution of India, challenging the order dated 08.06.2011, passed by the Ld. Senior Civil Judge cum Rent Controller, Patiala House Courts, Delhi, whereby an application under Order VI Rule 17 read with Sec 151 of the Civil Procedure Code (for short the Code) was rejected.2. The facts leading to the passing of the impugned order are as under. The petitioner was a tenant since the year 1939, under the respondent landlord, with respect to properties bearing nos. 23, 24, and 25 and residential Qr. No 62 and 63 situated in plot no. 3, block no. 205-C, Bengali Mal Market, New Delhi (hereinafter referred to as the suit property). The respondent was a perpetua...


Dec 21 2012

N.T.P.C. Ltd. Vs. Jagdish Chander

Court: Delhi

Decided on: Dec-21-2012

* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) No. 1134/2008 & CM No.2200/2008 Reserved on:27. h September, 2012 Decided on:21. t December, 2012 % N.T.P.C. TLD. Through ..... Petitioner Mr. S.K. Taneja, Sr. Adv. with Mr. Puneet Taneja and Mr. Rajesh Mahendra, Advs. Through ..... Respondent Mr. Som Dutta Sharma with Mr. Gaurav Bhardwaj, Advs. versus JAGDISH CHANDER Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioner challenges the award dated 19 th November, 2007 whereby the learned Tribunal held that the termination of the Respondent without holding an enquiry is neither legal nor justified and thus directed reinstatement of the Respondent without back wages and granted liberty to the Petitioner to conduct an inquiry regarding the unauthorized absence of the Respondent and take appropriate action thereon.2. Learned counsel for the Petitioner contends that the Respondent unauthorizedly absented himself and in a case of abandonment, if show cause notice ...


Dec 21 2012

Deepak Vs. the State of Nct of Delhi

Court: Delhi

Decided on: Dec-21-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 635/2008 DEEPAK Through ..... Appellant Mr. R.N. Mittal, Senior Advocate with Mr. Pankaj Kumar and Mr. Manoj Kumar, Advocates. versus THE STATE OF NCT OF DELHI ..... Respondent Through Mr. Manoj Ohri, APP for State. Date of Decision:21. t December, 2012 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J.(Oral) 1. Present appeal has been filed under Sections 374 and 382 Cr.P.C. challenging the judgment dated 05th July, 2008 and order on sentence dated 08th July, 2008 whereby the appellant-husband has been convicted under Sections 498A/34 and 304B /34 of the Indian Penal Code, 1860 (for short IPC) and sentenced to undergo rigorous imprisonment for three and ten years respectively. A fine was also imposed in respect of both the convictions.2. The prosecutions case in nutshell is that Ms. Sangeeta (hereinafter referred to as the deceased) married the appellant Deepak on 09th February, 2000. The appellant and his father had deman...


Dec 21 2012

Braham Pal Singh and ors. Vs. M.C.D. and ors.

Court: Delhi

Decided on: Dec-21-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P (C) No. 16955-60/2004 % Judgment reserved on:13. h September, 2012 Judgment delivered on:21 December, 2012 BRAHAM PAL SINGH & ORS. ..... Petitioners Through: Mr.Rajat Aneja, Advocate. versus M.C.D. & ORS. ..... Respondents Through: Mr.Arun Birbal and Mr. Paramhans, Advocates for Respondent DDA. Mr.Jagat Rana, Advocate for Respondent No.2/ Delhi Urban Shelter Improvement Board. Mr. Ashim Vachar, Advocate for Respondent No.4. Mr. H. D. Birdi, Advocate for Respondent No.5. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Vide the instant petition petitioners are seeking the reliefs as under: i. Issue a Writ in the nature of Prohibition and / or any other appropriate writ / order / direction of like nature thereby restraining the respondents no. 1 to 3 from giving promotion to the respondent no. 4 and anybody else from the reserved category to the post of Assistant Engineer (Civil) ii. Further issue a Writ in the nature of Mandamus an...


Dec 21 2012

Raj Kumar @ Guddu Vs. the State of Delhi

Court: Delhi

Decided on: Dec-21-2012

* + $~ IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No.1472/2010 & Crl.M.(Bail) No.697/2012 Date of Decision: RAJ KUMAR @ GUDDU Through 21st December, 2012. ..... Appellant Mr. Avadh Kaushik, Adv. Versus THE STATE OF DELHI Through Ms.Ritu Gauba, APP ..... Respondent CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J 1.By way of the present appeal, the appellant assails the judgment dated 2nd June, 2010 passed by the learned Additional Sessions Judge, finding him guilty of commission of the offence under Section 302 of the Indian Penal Code and the order of the same date whereby he was sentenced to undergo life imprisonment along with fine of Rs.5,000/- in default whereof, simple imprisonment for three months for the commission of the said offence.2. As per the prosecution, Gajraj Singh Yadav- PW 5.an employee of the MTNL posted at Gulabi Bagh, Delhi, was residing at House No.173, Page 1 of 51 Libaspur, Delhi with his family comprising of his deceased...


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