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Delhi Court November 2013 Judgments

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Nov 19 2013

State Vs. Mukesh Kumar

Court: Delhi

Decided on: Nov-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:10.10.2013 Judgment delivered on:19.11.2013 DEATH SENTENCE REF. 6/2010 STATE ..... Petitioner Through Ms.Richa Kapoor, APP. + versus MUKESH KUMAR Through + CRL.A. 96/2011 MUKESH KUMAR Through ..... Respondent Mr.Manu Sharma, Mr.Abhir Datt and Mr.Ali Jethhmalani, Advocates. ..... Appellant Mr.Manu Sharma, Mr.Abhir Datt and Mr.Ali Jethhmalani, Advocates. versus STATE Through ..... Respondent Ms.Richa Kapoor, APP. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 Sunita (PW-10) the mother of the victim Neha had made a complaint in Police Station Okhla Industrial Area on 12.06.2005 at about 01:30 PM which was to the effect that her daughter aged three years named Neha had been taken away by the appellant Mukesh on the pretext of giving her toffee; this was in the morning at 08:30 AM; since then Neha had not returned and inspite of frantic efforts made by her and her husband to s...


Nov 19 2013

Ritu Gupta and anr. Vs. Usha Dhand and ors.

Court: Delhi

Decided on: Nov-19-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) 188 of 2011 & IA Nos. 6546-47 of 2011, 6970 of 2011, 10405 of 2011, 12761 of 2011, 12763 of 2011 RITU GUPTA & ANR ..... Plaintiffs Through: Mr. Gaurav Mitra, Ms. Samreen, Mr. Vijayender Kumar and Ms. Megha Berniwal, Advocates versus USHA DHAND & ORS. ..... Defendants Through: Mr. Hashmat Nabi, Advocate for Defendant No.4 Mr. Sanjeev Gupta, Advocate for Bank of Baroda. Mr. Suresh Arora, Advocate for Syndicate Bank. Mr. Sarfaraz Khan, Advocate for UCO Bank. CORAM: JUSTICE S. MURALIDHAR ORDER1911.2013 IA No.6970 of 2011 (by Defendant 5 for condonation of delay) 1. For the reasons stated therein, the application is allowed. The delay in Defendant No.5 filing the written statement by is condoned. IA Nos. 6546-47 of 2011 (Order VII Rule 11 CPC by Defendants 5 and4) 2. These are two applications filed by the Defendant Banks, seeking rejection of the plaint on the ground that there is a bar under Section 34 of the Securitisation and Reconstructio...


Nov 19 2013

Allahabad Bank Vs. Mr. Kishore Bhai Zaveri (Deceased) Thr Lrs and anr

Court: Delhi

Decided on: Nov-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: November 19, 2013 + CM(M) 1111/2013 ALLAHABAD BANK Through ..... Petitioner Mr. C. Mukund, Mr. Ashok Jain, Mr. Amit Kasera & Mr. Pankaj Jain, Advocates. versus MR KISHORE BHAI ZAVERI (DECEASED) THR LRS AND ANR ..... Respondents Through Mr. Atul Nigam and Mr. Amit Tiwari, Advocates. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. The present revision petition is being filed against the impugned order dated 27th August, 2013 passed by learned Rent Controller, New Delhi District, Patiala House Courts, New Delhi in E-74/09. By the impugned order the court below allowed the amendment of a petition filed by the respondents.2. The case of the petitioner before the learned trial court that the relief granted by the impugned order was earlier rejected by order dated 13 th July, 2012 and the same was not challenged by the respondent, thus, the same became final and binding. Filing of similar application on same...


Nov 19 2013

Texmaco Ltd. and ors Vs. State of Delhi and anr.

Court: Delhi

Decided on: Nov-19-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :12. h September, 2013 Date of decision :19. h November, 2013 % + CRL.M.C. 1783/2012 & Crl.M.A.6262/2012 TEXMACO LTD. & ORS. Through ..... Petitioner Mr. Sandeep Sethi, Sr. Adv. with Sh.Vijayender Kumar & Sh.Dhruv Kapoor & Ms.Megha Bansiwal, Advs. versus STATE OF DELHI & ANR. Through + ..... Respondent Mr. Varun Goswami, APP. Mr. Sanjeev Sahay and Ms. Jhum Jhum Sarkar, Advs. for R-2. CRL.M.C. 2035/2012 & Crl.M.A.7045/2012 ASHOK SINGH Through ..... Petitioner Mr. Sandeep Sethi, Sr. Adv. with Sh.Vijayender Kumar & Sh.Dhruv Kapoor & Ms.Megha Bansiwal, Advs. versus STATE OF NCT OF DELHI & ANR. ..... Respondent Through Mr. Varun Goswami, APP. Mr. Sanjeev Sahay and Ms. Jhum Jhum Sarkar, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The petitioners are seeking quashing of FIR No.81/2012, P.S. Roop Nagar under Sections 380/448/452/506/34 IPC and the complaint bearing No.335/K/2011 titled Ved Prakash vs. Radhey Shyam Shar...


Nov 19 2013

Ashok Singh Vs. State of Nct of Delhi and anr

Court: Delhi

Decided on: Nov-19-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :12. h September, 2013 Date of decision :19. h November, 2013 % + CRL.M.C. 1783/2012 & Crl.M.A.6262/2012 TEXMACO LTD. & ORS. Through ..... Petitioner Mr. Sandeep Sethi, Sr. Adv. with Sh.Vijayender Kumar & Sh.Dhruv Kapoor & Ms.Megha Bansiwal, Advs. versus STATE OF DELHI & ANR. Through + ..... Respondent Mr. Varun Goswami, APP. Mr. Sanjeev Sahay and Ms. Jhum Jhum Sarkar, Advs. for R-2. CRL.M.C. 2035/2012 & Crl.M.A.7045/2012 ASHOK SINGH Through ..... Petitioner Mr. Sandeep Sethi, Sr. Adv. with Sh.Vijayender Kumar & Sh.Dhruv Kapoor & Ms.Megha Bansiwal, Advs. versus STATE OF NCT OF DELHI & ANR. ..... Respondent Through Mr. Varun Goswami, APP. Mr. Sanjeev Sahay and Ms. Jhum Jhum Sarkar, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The petitioners are seeking quashing of FIR No.81/2012, P.S. Roop Nagar under Sections 380/448/452/506/34 IPC and the complaint bearing No.335/K/2011 titled Ved Prakash vs. Radhey Shyam Shar...


Nov 19 2013

Union of India Vs. Rajesh Kumar Tyagi

Court: Delhi

Decided on: Nov-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:19. 11.2013 WP(C) No.14069 of 2009 UNION OF INDIA Through: ..... Petitioner Mr. Sanjeev Kumar Dubey & Mr. Rajmangal Kumar, Advs. Versus PRAMOD KUMAR JAIN Through: + ..... Respondent Nemo. WP(C) No.14084 of 2009 UNION OF INDIA Through: ..... Petitioner Mr. Sanjeev Kumar Dubey & Mr. Rajmangal Kumar, Advs. Versus RAJESH KUMAR TYAGI Through: Nemo. CORAM: HON'BLE MR. JUSTICE V.K.JAIN ..... Respondent JUDGEMENT V.K.JAIN, J.(Oral) Both the above-referred petitions involve interpretation of Section 8 (1) (i) of the Right to Information Act, 2005, which reads as under:8. Exemption from disclosure of information. (1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, . (i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of...


Nov 19 2013

R.C. Gupta and anr. Vs. Union of India and anr.

Court: Delhi

Decided on: Nov-19-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA8482013 & CM APPL. 17859/2013 R.C. GUPTA & ANR. Through: ..... Appellants Mr. Sandeep Sethi, Senior Advocate With Mr. Gaurav Khanna, Advocate versus UNION OF INDIA & ANR. Through: ..... Respondents Proxy Counsel for Mr. Jatan Singh, CGSC for R-1. Mr. A.D.N. Rao with Mr. A. Venkatesh, Mrs. Neelam Jain and Ms. Vaishali Ramesh, Advocates for R-2. Reserved on :12. h November, 2013 Date of Decision :19. h November, 2013 % CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:1. Present letters patent appeal has been filed challenging the judgment and order dated 30th October, 2013 whereby petitioners writ petition seeking a direction to the respondent No.2-oil company to grant dealership of petrol pump being run by the petitioners at Sukhpal Nagar, District Pratapgarh, Uttar Pradesh to petitioner No.1 or his nominee, was dismissed.2. Learned Single Judge while dismissing the appellants writ petition observed as u...


Nov 19 2013

Aman Sahi Vs. State and anr

Court: Delhi

Decided on: Nov-19-2013

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 2946/2013 & Crl.M.A.15833/2013 Date of Decision:19. h November, 2013 AMAN SAHI Through: ..... Petitioner Mr. Rajat Aneja with Ms. Swati Gupta, Advs. versus STATE & ANR Through: ..... Respondent Mr. Navin K. Jha, APP for the State. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. This is a petition u/s 482 Cr.P.C for setting aside the order dated 18.04.2013 passed by the learned Additional Sessions Judge whereby the order dated 02.02.2011 passed by learned Metropolitan Magistrate was modified and direction was given for framing additional charges against the petitioner u/s 307/506 IPC.2. The factual matrix of the case is that on 17.02.2012 the petitioner got married with respondent no.2 in accordance with Hindu rites and rituals. A complaint was made by respondent no.2 with Crime Against Women Cell (CAW), Pitampura Delhi on the basis of which FIR No.214/06 u/s 498/406/34 IPC was registered with P.S. Mangolpuri, ...


Nov 19 2013

Bses Yamuna Power Ltd. Vs. Roshan Masood

Court: Delhi

Decided on: Nov-19-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h November, 2013 % + RFA No.755/2010 BSES YAMUNA POWER LTD. ..... Appellant Through: Mr. Manish Srivastava & Mr. K. Datta, Advs. Versus ROSHAN MASOOD ..... Respondent Through: Mr. S.A. Quadri, Adv. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 The appeal impugns the judgment and decree dated 25.05.2010 of the Court of Additional District Judge (ADJ)-03 (North-East), Karkardooma Courts, Delhi decreeing on admissions the civil suit No.203/2009 filed by the respondent / plaintiff and declaring the bill No.YMENF18042090022 (based on inspection dated 02.01.2009) due date 23.04.2009 of Rs.13,38,551/- (incorrectly recorded in the judgment as Rs.33,38,551/-) raised by the appellant / defendant on the respondent / plaintiff as null and void and directing the appellant / defendant to restore electricity supply to the property of the respondent / plaintiff.2. Notice of the appeal was issued. The respondent / plain...


Nov 19 2013

R.P. Khosla and anr Vs. Honble Company Law Boardandors

Court: Delhi

Decided on: Nov-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Review Petition No.527/2013 & CM Nos.14344-46/2013 in + W.P.(C) 6002/2013 Reserved on :21. t October, 2013 Date of decision :19. h November, 2013 R.P. KHOSLA & ANR. ..... Petitioners Through : Mr. Deepak Khosla, Adv. (petitioner no.2) for petitioners. % versus HON'BLE COMPANY LAW BOARD&ORS ..Respondents Through : None. CORAM :HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT CM Nos.14344-45/2013 Allowed, subject to just exceptions. The applications are disposed of. CM No.14346/2013 The time for deposit of the deficient Court fees is extended by 15 days.The application is disposed of. Review Petition No.527/2013 1. On 10th October, 2013, there was no appearance on behalf of the petitioners when the case was called out. In the interest of justice, this Court adjourned the case to 20th November, 2013. The order dated 10th October, 2013 is reproduced hereinbelow:- 2. There is no appearance on behalf of the petitioners. In the interest of justice adverse orde...


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