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Delhi Court November 2013 Judgments

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Nov 29 2013

Madan Lal Vs. State

Court: Delhi

Decided on: Nov-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :29. h November, 2013 + CRL.A. 300/2004 MADAN LAL Through : ..... Appellant Mr.Chetan Lokur, Advocate. VERSUS STATE Through : ..... Respondent Mr.Lovkesh Sawhney, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(ORAL) 1. The appellantMadan Lal challenges judgment dated 22.01.2004 and order on sentence dated 23.03.2004 in Sessions Case No.481/96 arising out of FIR No.80/83 PS Tuglak Road by which he was convicted for committing offences punishable under Sections 395/397/398/452/450/455/347 IPC and sentenced to undergo RI for seven years with total fine ` 2,200/-.2. Allegations against the appellant were that on 02.05.1983 at about 07.15 A.M. at Kothi No.31, Golf Links, he and his associates Satpal, Hem Singh, Tirath Singh and Bansi Lal committed dacoity and decamped with gold ornaments and other household articles belonging to Ramesh Kohli and Sunita Kohli in a taxi No.DLT2644 The assailants used deadly weapons while committing d...


Nov 29 2013

Ajanta Limited and anr Vs. M/S Ajanta Transistor Clock Manufacturing C ...

Court: Delhi

Decided on: Nov-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment pronounced on: November 29, 2013 I.A. No.17151/2013 in Arb.A.No.19/2012 AJANTA LIMITED AND ANR ..... Appellants Through Mr.Dushyant Dave, Sr.Adv., Mr.Krishnan Venugopal, Sr.Adv. with Mr.Vikram Bajaj and Ms.Natasha Garg, Advs. versus M/S AJANTA TRANSISTOR CLOCK MANUFACTURING CO AND OTHERS ..... Respondents Through Mr.Puryish Malkan, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The abovementioned application has been filed by the appellants, Ajanta Limited and another, under Section 151 CPC seeking modification/ clarification of the judgment dated 20th September, 2013 passed by this Court.2. Mr.Dushyant Dave, learned Senior counsel appearing on behalf of the appellants has referred the order dated 11th December, 2008 passed in another matter by my respected brother Judge while disposing various applications filed in the suit being CS(OS) No.2024/2007 filed by M/s Ajanta India Ltd. (plaintiff). Both parties were...


Nov 29 2013

Hdfc Ergo General Insurance Co Ltd. Vs. Smt Mamkaur and ors.

Court: Delhi

Decided on: Nov-29-2013

2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:29. h November, 2013 % + MAC.A. No.992/2013 HDFC ERGO GENERAL INSURANCE CO LTD. ..... Appellant Represented by: Mr. Shrey Mehta and Mr.Sunil Kapoor, Advocate. Versus SMT MAMKAUR & ORS. Represented by: ..... Respondents S.I. Kapil Kumar, P.S. Gokulpuri. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.CM No.17374/2013(for delay) In view of the averments made in the application, the delay of 57 days in filing the instant appeal is condoned. The application stands disposed of. MAC.APP. 992/2013 1. The present appeal is preferred against the interim award dated 06.05.2013, whereby the learned Tribunal has awarded a sum of Rs.50,000/under Section 140 of the Motor Vehicles Act, 1988.2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that respondent No.2 was not named in the FIR, therefore, he is not alleged driver of the alleged offending vehicle. In such eventuality, the learned Tribunal ou...


Nov 29 2013

Sarna International Pvt. Ltd. Vs. Dlf Universal Limited and ors.

Court: Delhi

Decided on: Nov-29-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) No.2317 of 2010 & IA Nos. IA No.2315 of 2010 (u/S. 5 & 8 - Arb. & Conc. Act, 1996), 15271 of 2009, 13400 of 2012 (u/O39R1& 2 CPC) and IA No.13043 of 2012 SARNA INTERNATIONAL PVT. LTD. ..... Plaintiff Through: Ms. Anusuya Salwan with Mr. Vikas Sood and Mr. Kunal Kohli, Advocates. versus DLF UNIVERSAL LIMITED & ORS. ..... Defendants Through: Mr. Rajiv Nayar, Senior Advocate with Mr. Pravin Badhur, Ms. Malika Joshi, Mr. Amit Aggarwal, Mr. Kishan Rawat, Mr. Prabhat Malhotra and Mr. Rajan Narain, Advocates. CORAM: JUSTICE S. MURALIDHAR ORDER2911.2013 IA No.13043 of 2012 (filed by D-2 u/S151CPC r/w S153CPC for amendment of the cause title of the suit) 1. The above suit was originally filed against Defendant No.1, DLF Commercial Complexes Limited (DCCL), and Defendant No.2, DLF Universal Limited (DUL) and two others. DUL in its application stated that by an order dated 30th April 2010 passed by the Court in Company Petition No.305 of 2009, DCCL ...


Nov 29 2013

Seth Pokharmal Educational Society Vs. Delhi Development Authority

Court: Delhi

Decided on: Nov-29-2013

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7445/2013 SETH POKHARMAL EDUCATIONAL SOCIETY ..... Petitioner Through: Ms. Asha Jain Madan, Adv. versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through: Mr. Sanjeev Sabharwal, Standing Counsel. CORAM: HON'BLE MR. JUSTICE G.P. MITTAL ORDER2911.2013 1. This is second round of litigation between the parties.2. The Petitioner filed a writ petition being W.P.(C) No.18728/2004 which came to be decided by the learned Single Judge of this Court on 17.4.2006. While interpreting Rule 20 of the Delhi Development Authority(Disposal of Developed Nazul Land) Rules, 1981 (Nazul Land Rules), the Petitioners plea that it was entitled to be considered for allotment of a plot of land at the rates determined by the Central Govt. under Rule 5 of the Nazul Land Rules, was upheld. Paras 45 and 46 of the judgment in W.P.(C) No.18728/2004 are extracted hereunder:45. To sum up, entitlement of the petitioners for allotment of Nazul Land under Rule 5 r...


Nov 29 2013

Ajudhia Nath Trehan Vs. Chaman Lal Trehan and anr.

Court: Delhi

Decided on: Nov-29-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:21. 11.2013 PRONOUNCED ON:29. 11.2013 % + RFA (OS) 14/2004, CM APPL.8804/2012 AJUDHIA NATH TREHAN ..... Appellant Through: Mr. Ashok Sapra, Advocate. versus CHAMAN LAL TREHAN AND ANR. ..... Respondents Through: Mr. Vineet Chadha, Advocate for LR-1 of Resp-1. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT CM APPL.8804/2012 1. This is the appellants application to implead the legal representatives (hereafter LRs) of deceased respondent Chaman Lal Trehan. It was stated on 21.08.2013 that the LR No.1 of the said respondent was authorized to represent his estate by will. By an order made on the same date, the proposed LR No.1 (ii) was allowed to be represented through a guardian, i.e., LR No.1 (i). The proposed LR Nos. 1 (iii) and (iv) have been served. Learned counsel appears on their behalf. However, there is no affidavit on behalf of LR No.1 (iii) and 1 (iv) conceding that L...


Nov 29 2013

Housing Development Finance Corporation Ltd. Vs. Deepak Kumar Sharma a ...

Court: Delhi

Decided on: Nov-29-2013

* THE HIGH COURT OF DELHI AT NEW DELHI + CS (OS) 2844/2012 Date of Decision:29. 11.2013 HOUSING DEVELOPMENT FINANCE CORPORATION LTD. PLAINTIFF Through: Mr. Neeraj Kumar, Advocate. Versus DEEPAK KUMAR SHARMA & ANR. Through: DEFENDANT None. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. The matter is placed before the court by the learned Joint Registrar recording that no-one has been appearing for the defendants No.1 and 2 despite their having been served of the summons in the prescribed form under Order 37 CPC on 21.11.2012 and 22.07.2013 respectively. It is also recorded that not only that no-one has been appearing on behalf of defendants No.1 and 2, but, even the appearance i.e. mandatorily required to be filed as per the provisions contained in Order 37 Rule 2 (3) CPC, is not filed. CS (OS) 2844/2012 As per the Page 1 of 5 provisions contained in Rule 2 Sub-Rule 3 of Order 37 CPC, the allegations contained in the plaint are to be deemed to be admitted on the part of ...


Nov 29 2013

Delhi Jal Board Vs. M/S Kaveri Infrastructure Pvt. Ltd. and anr.

Court: Delhi

Decided on: Nov-29-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Pronounced on: November 29, 2013 O.M.P. No.358/2007 DELHI JAL BOARD Through ..... Petitioner Mr.Suresh Tripathy, Adv. Versus M/S KAVERI INFRASTRUCTURE PVT. LTD. & ANR ..... Respondents Through Mr.R.K.Handoo, Adv. with Mr.Sunil Goel, Mr.Inderbir Singh, Mr.Susheel Bhartiya, Mr.Pranav Sapra & Mr.Tanvir Nayyar, Advs. for R-1. AND + O.M.P. No.359/2007 DELHI JAL BOARD Through ..... Petitioner Mr.Suresh Tripathy, Adv. versus M/S KAVERI INFRASTRUCTURE PVT. LTD. & ANR ..... Respondents Through Mr.Sunil Goel, Adv. with Mr.R.K. Handoo, Mr.Inderbir Singh, Mr.Susheel Bhartiya, Mr.Pranav Sapra & Mr.Tanvir Nayyar, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By this judgment, I propose to decide the abovementioned two petitions filed by the Delhi Jal Board, the petitioner, under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter called the Act) challenging the arbitral awards dated 7th April, 20...


Nov 29 2013

Shri Liakat Ali (Now Deceased and Represented Thr Hi Vs. Shri Afsar Kh ...

Court: Delhi

Decided on: Nov-29-2013

* HIGH COURT OF DELHI AT NEW DELHI + RSA No.263/2013 Date of Decision :29. 11.2013 SHRI LIAKAT ALI (NOW DECEASED & REPRESENTED THR HIS LEGAL HEIRS) ..... Appellant Through: Mr.J.C.Mahindroo, Advocate. versus SHRI AFSAR KHAN ..... Respondent Through CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) RSA No.263/2013 & CM No.18947/2013 (Stay) & CM No.18948/2013 (Condonation of Delay) 1. This is a regular second appeal filed by the appellant against the order dated 30.04.2013 passed by the learned ADJ in RCA No.74/2005.2. I have heard the learned counsel for the appellant and have also gone through the record.3. The respondent/plaintiff had filed a suit for recovery of possession, damages and permanent injunction averring that he was the owner and landlord of the shops bearing nos.231/2 and 231/3 situated in house no.234, Main Road, Jafarabad, Delhi-53 which were let out to the father of the present appellants Sh.Liyakat Ali initially at a monthly rent of `75/- per month which was l...


Nov 29 2013

Central Bureau of Investigation Vs. Birendra Kumar Singh@virendra Kuma ...

Court: Delhi

Decided on: Nov-29-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI DATE OF DECISION:29. h NOVEMBER, 2013 + CRL.M.C. 4444/2013 and Crl.M.A.15903/2013 (for stay) CENTRAL BUREAU OF INVESTIGATION ..... Petitioner Through: Ms. Sonia Mathur, St. Counsel for CBI with IO Seema Pahuja. versus BIRENDRA KUMAR SINGH @ VIRENDRA KUMAR SINGH @ PANDIT ..... Respondent Through: Mr. Davinder Hora, Advocate with respondent in person. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. This is a Criminal Miscellaneous Main Petition u/s 439(2) read with section 482 of the Code of Criminal Procedure for cancellation of bail granted to the respondent on 26.09 2013 by the Court of Additional Sessions Judge, Delhi.2. The brief facts giving rise to the present petition are as under: (i) An Anti-Human Trafficking Unit was constituted by the petitioner in January 2012 to develop specialization in the area of illegal human trafficking, especially trafficking of children and women for the purpose of begging, prostituti...


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