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Delhi Court December 2012 Judgments

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Dec 03 2012

World Lung Foundation-south Asia Through Its Presi Vs. New Delhi Munic ...

Court: Delhi

Decided on: Dec-03-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d December, 2012 % + W.P.(C) 4579/2012 & CM No.9509/2012 WORLD LUNG FOUNDATION-SOUTH ASIA THROUGH ITS PRESIDENT ....... Petitioner Through: Mr. Santosh Kumar, Mr. Rajiv Ranjan Mishra and Mr. Saurabh, Advocates. Versus NEW DELHI MUNICIPAL COUNCIL THROUGH ITS CHAIRPERSON & ORS. ..... Respondents Through: Mr. Anil Amrit and Mr. Rohit Dhingra, Advocates for R-1 NDMC. Mr. Jagdish Sagar, Advocate for R-2 to 4. Mr. Rajeeve Mehra, ASG with Mr. Himanshu Bajaj, Mr. Ashish Virmani and Mr. Kunal Kahol, Advocates for R-6 UOI. Mr. Nazmi Waziri, Advocate for R-7 & 8. Mr. Lalit Bhasin with Mr. Sanjay Gupta, Ms. Shikha Sachdeva and Mr. Ranjan Jha, Advocates for R-9/NRAI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUSTICE RAJIV SAHAI ENDLAW, J.1. This petition filed in public interest flags the aspect of non- implementation of the provisions of Cigarettes and Other Tobacco Products (Prohibition of Advertisement an...


Dec 03 2012

Anant Prakash Bhan and anr Vs. M/S Banaras House Ltd and anr

Court: Delhi

Decided on: Dec-03-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:03. 12.2012 RSA 152/2009 ANANT PRAKASH BHAN & ANR ..... Appellants Through : Appellant no. 1 in person versus M/S BANARAS HOUSE LTD & ANR Through : None ..... Respondents CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.1. By way of this Regular Second Appeal under Section 100 of CPC, the appellant has challenged the order of the first appellate court passed by the learned ADJ, Delhi whereby the appeal has been dismissed on the ground of limitation.2. The facts leading to the filing of the present appeal are as under:The appellants herein i.e. plaintiffs before the learned Civil Judge, Delhi had filed a suit praying for mandatory injunction stating therein that they were the employees of respondent no.1. appointed as Assistants. RSA No. 152/2009 They were earlier Thereafter, they were promoted and were Page 1 of 4 working as Senior Executives and were drawing monthly salary of `9,383/- and `9,127/- respectively. They...


Dec 03 2012

Delhi Transport Corporation Vs. Sh. Mohinder Tokas and ors.

Court: Delhi

Decided on: Dec-03-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d December, 2012 + MAC.APP. 90/2007 DELHI TRANSPORT CORPORATION ..... Appellant Through: Mr. Hanu Bhaskar, Adv. versus SH. MOHINDER TOKAS & ORS. ..... Respondents Through: Mr. D.N.Goverdhan Adv. with Mr. Ayush Chandra, Adv. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant Delhi Transport Corporation (DTC) impugns a judgment dated 25.08.2006 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of `4,25,000/- was awarded for the death of Sanjeev Tokas who died in a motor vehicle accident which occurred on 19.06.1998.2. During inquiry before the Claims Tribunal, it was claimed that on 19.06.1998 the deceased was riding on the pillion seat of the two wheeler not DL-9S-C-9701 which was being driven by Parmod Kumar PW-3. The said two wheeler was proceeding from the side of village Munirka towards Hotel Hyatt Regency. When the two wheeler reached near the cr...


Dec 03 2012

Balwan Singh and ors. Vs. Settlement Officer and ors.

Court: Delhi

Decided on: Dec-03-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: November 27, 2012 Pronounced on: December 03, 2012 + W.P.(C) No. 8965/2007 BALWAN SINGH AND ORS. ..... Petitioners Through: Mr.N.S.Dalal and Mr.Devesh Pratap Singh, Mr.Aditya Bhadoo, Advocates. versus SETTLEMENT OFFICER & ORS ..... Respondents Through: Mr.V.K. Tandon, Advocate. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % 1. JUDGMENT Asserting that Gaon Sabha or Gaon Panchayat has right to use its land in the best possible manner for the benefit of the villagers, 21 petitioners claiming to be the residents of Village Mundka, Delhi, assail the impugned order of 1 st February, 2007 whereby their revision petition under Section 42 of East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (hereinafter referred as the Consolidation Act) stands dismissed while maintaining order of Settlement Officer (Consolidation) of 4th April 1983 requiring shifting of cremation ground to new location at the outskirts of extended lal d...


Dec 03 2012

Star India Private Limited Vs. Idea Cellular Limited and anr.

Court: Delhi

Decided on: Dec-03-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on: November 30, 2012 Judgment Pronounced on: December 03, 2012 RFA(OS) 114/2012, C.M.No.19590/2012 & C.M.No.19768/2012 (Cross-objections) STAR INDIA PRIVATE LIMITED ..... Appellant Represented by: Mr.Parag Tripathi, Sr.Advocate and Mr.Maninder Singh, Sr.Advocate instructed by Mr.Saikrishna Rajagopal, Mr.Gopal Jain, Mr.Sidharth Chopra, Ms.Sneha Jain, Mr.Shadan Farasat and Mr.Krishan Mohan, Advocates. versus PIYUSH AGARWAL & ORS. ..... Respondents Represented by: Mr.Sudhir Chandra, Sr.Advocate instructed by Ms.Gayatri Roy, Mr.Hihanshu Bagai, Mr.Thomas George and Mr.Udit Sood, Advocates for R-1 & R-2. Mr.C.A.Sundaram, Sr.Advocate instructed by Mr.Amit Sibal, Ms.Radha Rangaswamy, Ms.Rohini Musa, Ms.Akhila Kaushik and Mr.Raman Kumar, Advocates for R-3(BCCI) AND RFA(OS) 115/2012 STAR INDIA PRIVATE LIMITED ..... Appellant Represented by: Mr.Parag Tripathi, Sr.Advocate and Mr.Maninder Singh, Sr.Advocate instructed by Mr.Saikrishn...


Dec 03 2012

Aruna Chadha Vs. State of Nct of Delhi

Court: Delhi

Decided on: Dec-03-2012

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :3. d December, 2012 % + BAIL APPLN. 1705/2012 ARUNA CHADHA Through : ..... Petitioner Mr.U.U.Lalit, Senior Advocate instructed by Ms.Meghna Sankhla, Mr.Motilal Kandoi, Advs. versus STATE OF NCT OF DELHI Through : ..... Respondent Mr.Sidharth Luthra, Addl. Solicitor General & Mr.Rajesh Mahajan, Addl. Standing Counsel for State with Mr.Pramod Kumar Dubey, Mr.Yashpreet Singh, Mr.Shiv Pandey, Mr.Amit Rathore, Mr.Rohit Gupta, Advocates. Mr.S.Saravanan, Addl. DCP (North-West)/IO. Mr.Kunwarjeet Singh, Adv. for complainant. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.(Oral) % 1. This is the second bail application filed by the petitioner Aruna Chadha praying for her release on bail in case FIR No.178/2012 under Sections 306/506/201/120-B/466/467/468/469/ 471 read with Section 34 IPC and under Section 66-A of I.T. Act, PS Bharat Nagar, Delhi.2. Notice of the application was given to the State.3. Reply to the bail app...


Dec 03 2012

Tula Ram Vs. State

Court: Delhi

Decided on: Dec-03-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :22. d November, 2012 Pronounced on :3. d December, 2012 % + CRL.A. 293/2009 TULA RAM Through : .....Appellant Mr.Tanmay Mehta, Adv. versus STATE Through: ..... Respondent Ms.Rajdipa Behura, APP for State. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI % PRATIBHA RANI, J.1. The present appeal has been preferred by the appellant Tula Ram challenging the judgment dated 06.03.2007 whereby he was convicted for the offence punishable under Section 376 IPC and also the order on sentence dated 07.03.2007 sentencing him to undergo RI for ten years with fine of Rs.5000/- and in default of payment of fine, to undergo RI for six months.2. Briefly stating, the case of the prosecution is that on 01.09.2005 at about 01:25 hours (midnight), DD No.4/A was recorded at PS Mandawali on the information by Wireless Operator E-59 received from Rukhsar through telephone No. 27650126, ID Hospital, Kingsway Camp regarding rape committed on her daughter by her (Ru...


Dec 03 2012

Anita Grover Vs. Commissioner of Central Excise and ors.

Court: Delhi

Decided on: Dec-03-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI PRONOUNCED ON:03. 12.2012 + WP (C) No.5894/2012 ANITA GROVER ..... Petitioner Through: Mr.Sandeep Sethi, Sr. Advocate with Mr. Ruchir Bhatia, Advocate versus COMMISSIONER OF CENTRAL EXCISE AND ORS. ..... Respondents Through: Ms. Sonia Sharma with Mr. V.C. Jha, Advocates for central Excise. Mr. Abhay Raj Varma for Mr. Najmi Wajiri, Advocate for R-5. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % 1. In this writ petition, the petitioner impugns the notices dated 3.8.2012 and 8.8.2012 issued by the second Respondent, and notice dated 7.8.2012 issued by the third Respondent.2. The relevant facts are that the petitioner was a director in the company Shri Ram Casting P. Ltd (hereafter the company), and she resigned from the Board of the company on 2.4.1993. The petitioner was the owner of 3 properties viz. (i) Pitam Pura property, (ii) Wazirpur property and (iii) WP(C) No. 5894/2012 Page 1 Mukhe...


Dec 03 2012

Sanjeevan Medical Research Centre (Private) Ltd. and Vs. State of Nct ...

Court: Delhi

Decided on: Dec-03-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Crl.M.A. No.10046/2011 IN Crl. M.C. No. 2358/2010 Date of Decision:3. d December, 2012 + # ! SANJEEVAN MEDICAL RESEARCH CENTRE (PRIVATE) LTD. & ORS. ....Petitioners Through: Mr. K.T.S. Tulsi, Sr. Advocate with Mr. Gaurav Bhargava, Advocate Versus $ * STATE OF NCT OF DELHI & ORS. Respondents Through: Mr. Rahul Kumar Singh & Mr. Kamla Prasad, Advs. for R-2 & 3/review petitioners Mr. M.N. Dudeja, APP for State CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: By way of this application filed in a disposed of petition under section 482 of the Code of Criminal Procedure,1973 the applicants, who are husband and wife and also doctors by profession, seek recalling of the order dated 11th February, 2011 whereby this Court had quashed the criminal complaint filed by the two applicants against the non-applicants three doctors for causing death of their son due to medical negligence while treating him in their Nursing Home at Darya Ganj by the n...


Dec 03 2012

Ravinder Pal Singh Bawa Vs. Meenakshi Marwah

Court: Delhi

Decided on: Dec-03-2012

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2449/2009 Date of decision :3. 12.2012 IN THE MATTER OF : RAVINDER PAL SINGH BAWA ..... Plaintiff Through Mr.R.K. Dhawan and Ms. Shweta Joshi, Advocate versus MEENAKSHI MARWAH Through ..... Defendant Mr.Rajiv Duggal, Advocate CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.I.A.No.8923/2012 (by the defendant u/Section 151 CPC) 1. This application has been filed by the defendant praying inter alia for grant of permission to inspect the court file and take photographs of the signatures on the Agreement dated 27.4.2009 and on the original cheques, which are the subject matter of the present suit.2. Counsel for the defendant submits that the Sale Agreement dated 27.4.2009 relied upon by the plaintiff, is a forged document and that it does not bear the signatures of the defendant and to establish the said fact before the learned Metropolitan Magistrate, in whose court a complaint filed by the plaintiff under Section 138 of the Negotiab...


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