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Delhi Court December 2013 Judgments

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Dec 20 2013

Mohd. Abdul AkramuddIn Vs. Kanti Devi (Deceased) and ors.

Court: Delhi

Decided on: Dec-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: December 20, 2013 + CM(M) 1215/2013 & C.M. No.17789/2013 MOHD. ABDUL AKRAMUDDIN ..... Petitioner Through Mr.Nageshwar Pandey, Adv. with Mr.A.K.Sinha, Adv. versus KANTI DEVI (DECEASED) & ORS 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 read with Section 151 of CPC, the petitioner has assailed order dated 7th September, 2013 passed by the learned Addl. District Judge whereby his application for condonation of delay of more than one year was dismissed. In the main appeal the petitioner challenged the judgment and decree dated 30th July, 2011passed by the learned Civil Judge against the petitioner .2. The brief facts are that on 25th November, 2002 the petitioner along with his five brothers purchased the suit property bearing No.D-61, New Seelampur, Delhi admeasuring 45 sq. yards from Kusum Sharma, wi...


Dec 20 2013

Food Corporation of India Vs. M/S Pratap Rice and General Mills

Court: Delhi

Decided on: Dec-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:20. 12.2013. + OMP No.1278/2013 FOOD CORPORATION OF INDIA ..... Petitioner Versus M/S PRATAP RICE & GENERAL MILLS ..... Respondent Advocates who appeared in this case: For the Petitioner: Mr S. Kumar Pattjoshi, Sr. Adv. with Mr Manohar Lal Sharma, Advocate. For the Respondent: CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J IA Nos. 20809/2013 (condonation of delay of 1 day in filing) & 20811/2013 (condonation of delay of 108 days in re-filing) 1. These are two applications which have been filed by the petitioner, i.e., the Food Corporation of India (in short FCI) to seek condonation of delay in filing the petition under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act) and thereafter, for re-filing the said petition. According to the FCI there is one days delay in filing the petition and a delay of 108 days in re-filing the same.2. The averments made in IA No.20809/2013 reveal that the...


Dec 20 2013

Yash Sehrawat Vs. Board of Control for Cricket in India and anr

Court: Delhi

Decided on: Dec-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:16. 12.2013 Date of Decision:20. 12.2013 + W.P.(C) 5283/2013 YASH SEHRAWAT ..... Petitioner Through: Mr. Sanjeev Sindhawani, Sr. Adv. with Ms. Sumati Anand & Mr. Sanjay Sharma, Advs. versus BOARD OF CONTROL FOR CRICKET IN INDIA & ANR ..... Respondents Through: Mr. Amit Sibal, Ms. R.Rangaswamy, Mr. R. Kumar & Mr. Pratek Chadha, Advs. for R-1. Mr. J.S. Bakshi & Mr A.S. Bakshi, Advs. for R-2. + W.P.(C) 5284/2013 ARYAN SEHRAWAT ..... Petitioner Through: Mr. Sanjeev Sindhawani, Sr. Adv. with Ms. Sumati Anand & Mr. Sanjay Sharma, Advs. versus BOARD OF CONTROL FOR CRICKET IN INDIA & ANR. ..... Respondents Through: Mr. Amit Sibal, Ms. R.Rangaswamy, Mr. R. Kumar & Mr. Pratek Chadha, Advs. for R-1. Mr. J.S. Bakshi & Mr A.S. Bakshi, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.The only issue involved in these writ petitions is as to whether the respondents are entitled to determine the age of a person seek...


Dec 20 2013

Shankar Bhatia Vs. State Nct of Delhi

Court: Delhi

Decided on: Dec-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on: December 20, 2013 + Crl. M. (Bail) No.1969/2013 in CRL.A. 1249/2013 SHANKAR BHATIA Through: versus STATE NCT OF DELHI Through: ..... Appellant Mr.D.C. Mathur, Senior Advocate with Mr. Sumeet Verma, Ms. Charu Verma, Advocates ..... Respondent Mr. Pramod Kumar Dubey, Special Public Prosecutor with Mr. Hemant Shah, Mr. Shiv Chopra, Mr. Amit Rathore, Mr. Nitin Saluja, and Mr. Shiv Pande, Advocates. Mr. Ashwin Vaish, Mr. Sanjeev Manchanda and Mr. Vinod Kumar Pandey, Advocates for complainant AND + Crl. M. (Bail) No.2116/2013 in CRL.A. 1334/2013 VIVEK MADHOK Through: ..... Appellant Dr. Sarbjit Sharma and Ms. Kusum Sanehi, Advocates versus STATE Through: Crl. A.No.1249/2013 & Crl. A.No.1334/2013 ..... Respondent Mr. Pramod Kumar Dubey, Special Public Prosecutor with Mr. Hemant Shah, Mr. Shiv Chopra, Mr. Amit Rathore, Mr. Nitin Saluja, and Mr. Shiv Pande, Advocates. Page 1 of 31 Mr. Ashwin Vaish, Mr. Sanjeev Manchanda and Mr. Vinod...


Dec 20 2013

Delhi Administration Thorugh Food Inspector/Do Vs. Vidya Gupta

Court: Delhi

Decided on: Dec-20-2013

$~29. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 764/2013 % Judgment dated 20.12.2013 DELHI ADMINISTRATION THORUGH FOOD INSPECTOR/DO ..... Petitioner Through: Mr.Manoj Ohri, Advocate versus VIDYA GUPTA Through: CORAM: ..... Respondent NEMO. HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) CRL.M.A.19502/2013 1. Exemption allowed subject to all just exceptions.2. Application stands disposed of. CRL.M.A.NOS.19501/2013 & 19503/2013.3. By CRL.M.A. 19501/2013 the petitioner seeks condonation of 305 days delay in filing the present leave to appeal petition and by CRL.M.A.19503/2013 the petitioner seeks condonation of 97 days delay in re-filing the present leave to appeal petition.4. Heard and for the reasons stated in the application, the same is allowed. Delay in filing and re-filing the present leave to appeal petition is condoned. Applications stand disposed of. CRL.L.P. 764/2013 5. Present leave to appeal petition has been filed by the petitioner under Section 378(1) of the...


Dec 20 2013

Md. Taskeen Vs. the State (Govt. of Nct) Delhi

Court: Delhi

Decided on: Dec-20-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI DATE OF DECISION: + 20th DECEMBER, 2013 CRL.A. 1387/2012 MD. TASKEEN Through: ..... Appellant Mr. Imran Khan, Advocate. Versus THE STATE (GOVT. OF NCT) DELHI ..... Respondent Through: Ms. Fizani Hussain, APP for the State. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. The challenge in this appeal is to the judgement and order of sentence dated 22nd March, 2012 and 23rd March, 2012 in Sessions Case No.15/2011 arising out of FIR No.375/2010 under Sections 363/376/506/34 Indian Penal Code, 1860 (for short, IPC) registered as Police Station Sarai Rohilla vide which the appellant was convicted for the offence under Section 376 IPC and sentenced to undergo rigorous imprisonment for 4 years and a fine of Rs 5000/-, in default of payment of fine, to undergo simple imprisonment for 2 months.2. The prosecution case emanates from the fact that on 11th November, 2010, Complainant Rama Anuj came to the police station Sarai Rohilla...


Dec 20 2013

Manushi Sangathan Vs. P.K. Panda and ors.

Court: Delhi

Decided on: Dec-20-2013

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) 4572/2007, CM APPL.8544/07, 6986/10 & 17940/11, 626, 2724, 2801, 3663, 16320, 16453, 16454/2012 W.P. (C) 8580/2009, CM APPL.5656/2009, CM APPL.8503/2012 CONT. CAS (C) 564/2010, CM APPL.14826/2010, 793/2012 W.P. (C) 4572/2007 MANUSHI SANGATHAN, DELHI ..... Petitioner versus GOVT OF DELHI AND ORS. .....Respondents W.P. (C) 8580/2009 INITIATIVE FOR TRANSPORTATION AND DEVELOPMENT PROGRAMMES ..... Petitioner versus MCD AND ORS. ....Respondents CONT. CASE (C) 564/2010 MANUSHI SANGATHAN versus P.K. PANDA AND ORS. ..... Petitioner .....Respondents Appearance: Ms. Indira Unninayar with Ms. Kirat Randhawa, Advocates for petitioners in WP (C) 4572/07 & Cont. Case (C) 564/2010. Mr. Sanjiv Ralli with Mr. Manu Parasher, Advocates for Intervener/Applicant ChandniChowk Sarv Vyapar Mandal. Mr. Nalin Sinha, petitioner in person in W.P. (C) 8580/2009. Mr. V.K. Tandon with Mr. Yogesh Saini, Advocates for PWD & GNCTD with Mr. Arun Baroka, Secretary, P...


Dec 20 2013

Kusum JaIn and ors Vs. D.D.a and anr

Court: Delhi

Decided on: Dec-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:5. h December, 2013 Pronounced on:20. h December, 2013 + CM APPL.19192/2012 in W.P.(C) 5160/2012 KUSUM JAIN AND ORS Through: ..... Petitioner Mr. Sanjeev Narula, Adv. Versus D.D.A AND ANR Through: ..... Respondent Mr. Arjun Pant, Adv. for Respondent No.1. Mr. Ravi Shankar Kumar, Adv. with Mr. Arnab Bhattacharya, Adv. & Ms. J.K. Goyal, Adv. for the Intervener/Applicant. CORAM: HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT G.P. MITTAL, J.1. This is an application under Order 1 Rule X read with Section 151 of the Code of Civil Procedure, 1908, (CPC) for impleading the applicant as a Respondent in the instant writ petition.2. In order to decide the application, it would be appropriate to extract the provisions of Order 1 Rule 10 CPC hereunder:10. Suit in name of wrong plaintiff.(1) .............. (2) Court may strike out or add partiesThe court may at any stage of the proceedings, either upon or without the application of either party, and o...


Dec 20 2013

Durga Builders (P) Ltd Vs. Motor and General Finance Ltd. and anr.

Court: Delhi

Decided on: Dec-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. 12.2013 Pronounced on:20.12.2013 + REV. PET. 293/2012, C.M. APPL. 8373/2012 (for stay) & C.M. APPL. 8374/2012 IN RFA (OS) 88/2007 DURGA BUILDERS (P) LTD. ...... Appellant Through: Sh. Mohit Chaudhary and Sh. A. Das, Advocates, for Review Petitioner. versus MOTOR AND GENERAL FINANCE LTD. AND ANR. ..... Respondents Through: Dr. Sarbjit Sharma and Ms. Swati Yadav, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P. GARG MR. JUSTICE S. RAVINDRA BHAT % C.M. APPL. 8374/2012 (for exemption) IN REV. PET. 293/2012 Allowed, subject to all just exceptions. REV. PET. 293/2012, C.M. APPL. 8373/2012 (for stay) 1. This is a review petition against the order and judgment of this Court in RFA(OS) 88/2007, dated 10.04.2012. Originally, Durga Builders Pvt. Ltd. (hereafter Durga Builders) was aggrieved by the judgment and order of a learned Single Judge dated 06.11.2007 in CS(OS) 612/2001, in which an application preferr...


Dec 20 2013

Afsar Ahmed Vs. the State (N.C.T. of Delhi)

Court: Delhi

Decided on: Dec-20-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI DATE OF DECISION:20. h DECEMBER, 2013 + CRL.A. 207/2010 and Crl. M.A. 17146/2013 AFSAR AHMED Through: ..... Appellant Mr. Vivek Sood, Advocate. versus THE STATE (N.C.T. OF DELHI) ..... Respondent Through: Ms. Fizani Husain, APP for the State. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Challenge in this appeal is to the judgment dated 28.07.2009 and the order of sentence dated 01.09.2009, in Sessions Case No.20/2007 arising out of FIR No.23/2007, P.S. Hazrat Nizammudin Railway Station vide which the appellant/accused was convicted for the offence punishable u/s 376/506 IPC and sentenced to undergo rigorous imprisonment for a period of 10 years and fine of Rs.10,000/-, in default, simple imprisonment for 6 months for offence u/s 376 IPC and sentenced to undergo rigorous imprisonment for 6 months for the offence u/s 506 IPC. Both these sentences were to run concurrently.2. The prosecution case, in brief, is that on 27...


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