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Delhi Court December 2013 Judgments

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Dec 16 2013

Smt Usha JaIn Vs. Shri Sushil Kumar Gupta and anr.

Court: Delhi

Decided on: Dec-16-2013

.* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: December 16, 2013 + CM(M) 1246/2013 SMT USHA JAIN Through ..... Petitioner Mr.V.K. Srivastava, Adv. versus SHRI SUSHIL KUMAR GUPTA & ANR Through None. ..... Respondents CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By way of the present petition under Article 227 of the Constitution of India, the petitioner has assailed orders dated 3 rd January, 2011 passed by the learned Trial Court and order dated 6th October, 2012 passed by the learned Appellate Tribunal.2. Brief facts for the purpose of adjudication of the present petition are that the petitioner filed an eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) against the respondent in respect of a premises comprises of the Eastern Flat on the first floor in property bearing No.H.No.XI/4236 situated at Shri Raj Krishen Jain Street, 1, Ansari Road, Daryaganj, New Delhi- 110002 (hereinafter refe...


Dec 16 2013

Praveen Kumar Vs. Surinder Mahajan

Court: Delhi

Decided on: Dec-16-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. h December, 2013 % + RFA No.569/2013 & CMs No.19418/2013 (for condonation of 85 days delay in filing the appeal) & 19417/2013 (for stay) PRAVEEN KUMAR Through: ..... Appellant Mr. Shiv Dhupia, Adv. Versus SURINDER MAHAJAN ..... Through: None. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW Respondent RAJIV SAHAI ENDLAW, J1 The appeal impugns the judgment the decree dated 28.05.2013 (of the Court of Additional District Judge (ADJ), Tis Hazari Court, Delhi in suit No.580/2012 filed by the respondent) of recovery of possession from the appellant of Janta Flat bearing No.A-4/16, 3rd Floor, DDA Flats, Paschim Vihar, New Delhi together with a decree for recovery from the appellant of Rs.14,200/- towards arrears of rent with interest and a decree for recovery of mesne profits / damages for use and occupation at the rate of Rs.4,500/- per month with effect from 01.12.2008 till the delivery of possession.2. The appeal came up first befo...


Dec 16 2013

Delhi University Contract Employees and ors. Vs. University of Delhi a ...

Court: Delhi

Decided on: Dec-16-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No.7929/2013 16th December, 2013 DELHI UNIVERSITY CONTRACT EMPLOYEES & ORS. ......Petitioners Through: Mr. S.N.Singh, Advocate. VERSUS UNIVERSITY OF DELHI & ORS. Through: ...... Respondents Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Santosh Kumar and Ms. Jagriti Ahuja, Advocates for R-1. Ms. Sweety Manchanda, CGSC with Mr. Debashish Mukherjee and Mr. Z.H.Issac Haiding, Advocates for RUOI. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.16800/2013(Exemption) Exemption allowed subject to just exceptions. CM stands disposed of. W.P.(C) No.7929/2013 & CM167992013 (Stay) 1. By this writ petition, petitioners including petitioner no.1 which is a union of contractual employees, seek the relief of quashing of the selection process for regular appointments initiated by respondent no.1 pursuant to the advertisement dated 6.11.2013. Petitioners also seek relief of their being regul...


Dec 16 2013

Sh. B.K.Gupta and ors. Vs. Indian Council of Social Science Research a ...

Court: Delhi

Decided on: Dec-16-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No 1179/2001, 1519/2001 & 7498/2000 % 1. 16th December, 2013 W.P.(C) 1179/2001 SH. B.K.GUPTA & ORS. Through: ......Petitioners Mr. Amrit Pal S. Gambhir and Mr. Anuj Aggarwal, Advocates. VERSUS INDIAN COUNCIL OF SOCIAL SCIENCE RESEARCH & ANR. ...... Respondents Through: Mr. Amitesh Kumar, Adv.2. W.P.(C) 1519/2001 SH. S.K.GUPTA & ORS. Through: ......Petitioners Mr. Amrit Pal S. Gambhir and Mr. Anuj Aggarwal, Advocates. VERSUS INDIAN COUNCIL OF SOCIAL SCIENCE RESEARCH & ANR. ...... Respondents Through: Mr. Amitesh Kumar, Adv 3. W.P.(C) 7498/2000 SH.HARISH AZAD& ORS. Through: ......Petitioner Mr. Amrit Pal S. Gambhir and Mr. Anuj Aggarwal, Advocates. VERSUS INDIAN COUNCIL OF SOCIAL SCIENCE RESEARCH & ANR. ...... Respondents Through: Mr. Amitesh Kumar, Adv CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) W.P.(C) 1179/2001 1. Petitioners by this writ petition seek appointment from t...


Dec 16 2013

Boehringer Ingelheim Pharma Gmbh and Co Kg Vs. Premchand Godha and anr ...

Court: Delhi

Decided on: Dec-16-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) No.1287 of 2013 Reserved on: November 20, 2013 Decision on: December 16, 2013 BOEHRINGER INGELHEIM PHARMA ..... Plaintiff GMBH & CO KG Through: Mr. Pravin Anand with Ms. Vaishali Mittal, Advocates. versus PREMCHAND GODHA & ANR. ..... Defendants Through: Mr. Shailen Bhatia with Mr. Nipun Khandelwal, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT1612.2013 IA Nos.13529 of 2013(by Defendants under Order XXXIX Rule 4 CPC) & 10330 of 2013 (by Plaintiff u/o XXXIX Rules 1 and 2 CPC) 1. Is the trademark MUCOSOLVIN, used by the Defendants to describe their cough syrup, deceptively and confusingly similar to the Plaintiffs trademark MUCOSOLVAN, also used for cough syrup?. That is the short question that arises in these applications under Order XXXIX Rules 1 and 2 CPC by the Plaintiff and Order XXXIX Rule 4 by the Defendant. The case of the Plaintiff 2. The Plaintiff, Boehringer Ingelheim Pharma Gmbh & Co. KG, is a German company, having its princi...


Dec 16 2013

Rafiq Vs. State (N.C.T. of Delhi)

Court: Delhi

Decided on: Dec-16-2013

$-R-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :16. h DECEMBER, 2013 + CRL.A. 66/2001 RAFIQ ..... Appellant Through : Mr.Mohd. Shamikh, Advocate. VERSUS STATE (N.C.T. OF DELHI) Through : ..... Respondent Mr.Lovkesh Sawhney, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Rafiq (the appellant), Mujahid and Javed were arrested in case FIR No.174/99 PS New Usmanpur on the allegations that on 16.12.1999 at about 09.00 P.M. at 4th Yamuna Pusta towards Northern side, they voluntarily caused hurt to Maman Singh while committing robbery and deprived him of purse containing ` 54/- and visiting card. It was further alleged that Mujahid was armed with knife at the time of incident. The present case was registered after recording statement of victim Maman Singh (Ex.PW-2/A) on 16.12.1999. The complainant was medically examined. Statements of the witnesses were recorded during investigation. After completion of investigation, a charge-sheet was submitted against Mujah...


Dec 16 2013

Phaguni Nilesh Lal Vs. the Registrar General, Supreme Court of India a ...

Court: Delhi

Decided on: Dec-16-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :03. 09.2013 Judgment delivered on:16. 12.2013 % + WP(C) 360/2013 PHAGUNI NILESH LAL ..... Petitioner Versus THE REGISTRAR GENERAL, SUPREME COURT OF INDIA & ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner: Mr Rajeev Sharma, Mr Uddyam Mukherjee & Mr Sahil Bhalaik, Advs. For the Respondents: Mr A.S. Chandhiok, Additional Solicitor General with Mr Ritesh Kumar, Mr Piyush Sanghi, Ms Shweta Gupta, Ms Honey Kumari & Ms Mallika Ahluwalia, Advs. for respondent No.1. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.WP(C) No.360/2013 & CM No.739/2013 (Stay) BACKGROUND1 The petitioner is a topper of her batch. She pursued her studies in law at the Army Institute of Law, situate at Mohali (i.e., respondent no.2). Respondent No.2, is affiliated to the Punjabi University, at Patiala, and is recognized by the Bar Council of India. 1.1 The petitioner, has approached this court for redressal of her ...


Dec 16 2013

Gopi @ Hukam Vs. State

Court: Delhi

Decided on: Dec-16-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :24. h SEPTEMBER, 2013 DECIDED ON :16. h DECEMBER, 2013 + CRL.A. 115/2000 GOPI @ HUKAM ..... Appellant Through : Mr.Sushant Singh, Advocate with Mr.P.C.Arya & Mr.Tejinder Singh, Advocates. versus STATE Through : ..... Respondent Mr.M.N.Dudeja, APP. AND + CRL.A. 73/2000 SHANTI DEVI ..... Appellant Through : Mr.Sushant Singh, Advocate with Mr.P.C.Arya & Mr.Tejinder Singh, Advocates. versus STATE Through : ..... Respondent Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Gopi @ Hukam (A-1) and Shanti Devi (A-2) question the legality and correctness of a judgment dated 17.07.1999 of learned Addl. Sessions Judge in Sessions Case No.2/98 arising out of FIR No.978/97 PS Mangolpuri by which they were held guilty for committing offences punishable under Sections 498A/304B IPC read with Section 34 IPC and were awarded RI for seven years each under Section 304B IPC. The facts projected in the charge-sheet are as under :2....


Dec 16 2013

Darshan Singh and anr. Vs. State

Court: Delhi

Decided on: Dec-16-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 391/1998 Judgment pronounced on : December 16, 2013 DARSHAN SINGH AND ANR. ..... Appellants Through: Mr. K.B. Andley, Sr. Advocate with Mr. M.L.Yadav, Advocate. versus STATE Through: ..... Respondent Mr. Sunil Sharma, APP for the State. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR JUDGMENT % KAILASH GAMBHIR, J.1. By this appeal filed under Section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as Cr.P.C.), the appellants herein seek to challenge the impugned judgment and order on sentence dated 28th August 1998 and 29th August 1998, respectively whereby the learned Additional Sessions Judge, Delhi has convicted them for committing an offence punishable under Section 302 IPC and the sentence of life imprisonment together with imposition of fine of Rs. 5,000/- and in default of payment of fine, the appellants were directed to undergo further rigorous imprisonment for a period of four months...


Dec 16 2013

Suraj @ Kishan Vs. State

Court: Delhi

Decided on: Dec-16-2013

$~ 33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1399/2012 % Judgment dated 16.12.2013 SURAJ @ KISHAN Through: ..... Petitioner Mr.Suraj Kishan, Advocate versus STATE Through: ..... Respondent Mr.Saleem Ahmed, ASC along with Ms.Charu Dalal, Advocate Mr.P.K. Sharma, SC for CBI and Mr.A.K. Singh, Advocate CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.(ORAL) 1. By the present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C., petitioner has prayed for issuance of a writ for quashing of the judgment and order on sentence dated 18.4.2009 and 22.4.2009 respectively and for release of the petitioner, as he was juvenile on the date of commission of the offence.2. Notice in this petition was issued. On the basis of the school leaving certificate filed by the petitioner, an enquiry was conducted and by an order dated 22.1.2013 the Superintendent Tihar Jail was directed to produce the petitioner before the Medical Superintendent, Safdarjung h...


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