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Delhi Court December 2013 Judgments

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Dec 03 2013

State Farms Corporation of India Ltd. and anr. Vs. Dr. Mahendra Singh

Court: Delhi

Decided on: Dec-03-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d December, 2013. % + RFA2692011 STATE FARMS CORPORATION OF INDIA LTD. & ANR. ...... Appellants Through: Mr. G. Joshi, Adv. Versus DR. MAHENDRA SINGH Through: .....Respondent Respondent in person. AND + RFA3712011 DR. MAHENDRA SINGH Through: .....Appellant Appellant in person. Versus UNION OF INDIA & ANR. .....Respondents Through: Mr. G. Joshi, Adv. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. Both appeals impugn the judgment and decree dated 03.02.2011 of the Court of Additional District Judge-07, Central, Tis Hazari Courts, Delhi in CS No.118/2008 (ID No.02401C5086002004) filed by the appellant in RFA No.371/2011 against the appellants in RFA No.269/2011. RFAs No.269/2011 & 371/2011 No.269/2011 filed by the judgment debtors in the suit was admitted for hearing and vide order dated 12.05.2011 the operation of the impugned judgment and decree stayed. RFA No.371/2011 was also admitted for hearing on 25...


Dec 03 2013

Sunita Prem John Vs. Govt. of Nct of Delhi and ors.

Court: Delhi

Decided on: Dec-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.8474/2011 % 3rd December, 2013 SUNITA PREM JOHN Through: ..... Petitioner Mr. C.S. Parashar, Advocate. Versus GOVT. OF NCT OF DELHI AND ORS. Respondents Through: Mr. Rajiv Nanda, ASC with Mr. Manish Kumar Vikkey, Advocate for respondent No.1. Mr. Ashwani K. Sakhuja, Advocate with Mr. Puneet Saini, Advocate for respondent Nos.2 to 4. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Petitioner, who was appointed as a Maid on 25.7.2003 by the respondent no.2/M/s Queen Marry School, seeks the relief of confirmation as a regular employee of the respondent-school w.e.f her date of completion of her probationary period on 24.7.2004. All consequential monetary benefits are also claimed by the petitioner. The need to file the writ petition arose because the services of the petitioner were being transferred by the school to a private contractor.2. On 11.11.2013, I passed the follo...


Dec 03 2013

Aakash Madaan Vs. State

Court: Delhi

Decided on: Dec-03-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI DATE OF DECISION:03. d DECEMBER, 2013 + BAIL APPLN. 1748/2013 AAKASH MADAAN Through ..... Petitioner Mr. Sudhir Nagar, Advocate with wife of the petitioner in person. versus STATE Through ..... Respondent Mr. Amit Ahlawat, APP for the State. Mr. Baldev Raj, Advocate for the complainant. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. This is an application u/s 439 Cr.P.C moved by the petitioner for grant of bail in case FIR No.09/12 u/s 448/380 IPC, P.S. Tilak Nagar.2. As per the prosecution, the complainant had advanced a sum of Rs.10 lakhs in cash to the mother of the petitioner as loan and mother of the petitioner had executed the receipt, mortgage deed, possession letter, agreement to sell and purchase in favour of the complainant in respect of a portion of her property. It has also been alleged that the mother of the petitioner had given the possession of the property to the complainant and complainant had placed c...


Dec 03 2013

Prem Lata Vs. Raghubir Rai and ors.

Court: Delhi

Decided on: Dec-03-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) 1698 of 2011 PREM LATA ..... Plaintiff Through: Mr. Ashok Gurnani, Advocate. versus RAGHUBIR RAI & ORS. ..... Defendants Through: Mr. Mayank M. Mukherjee, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER0312.2013 IA No.22751 of 2012 (by Plaintiff u/O XV A CPC) and IA13496of 2011 (by Plaintiff u/O. XXXVIII R. 1, 2, 4 and 5 CPC) 1. This Court has perused the order dated 18th November 2013 of the Division Bench in FAO (OS) No.519 of 2013 filed by Defendant No.1, Raghubir Rai against the order dated 19th September 2013 passed by this Court in IA No.22751 of 2012 in CS (OS) No.1698 of 2011.2. The Division Bench (DB) has, by the said order, observed that the order dated 19th September 2013 passed by this Court was not under Order XV A of the Code of Civil Procedure, 1908 (CPC) but under Order XXXIX Rule 10 CPC. After noting the submission of counsel for Defendant No.1/Appellant therein that this Court could not have directed Defendant No.1 to depos...


Dec 03 2013

Rajender Singh Vs. Uoi and ors.

Court: Delhi

Decided on: Dec-03-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 22, 2013 Judgment Pronounced on: December 03, 2013 R.P.532/2013 in WP(C) 1354/2002 RAJENDER SINGH Represented by: .....Petitioner Mr.Shanker Raju, Advocate with Mr.Nilansh Gaur, Advocate versus UOI & ORS. Represented by: .....Respondents Ms.Richa Kapoor, Advocate with Ms.Saahila Lamba, Advocate for R-1 Mr.Anuj Tyagi, Advocate with Mr.Sachin Chopra, Advocate for R-2 and R-3 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. Seeking review of our order dated September 23, 2013, drawing attention of this Court that while penning the opinion the Court overlooked Rule 8(a) and Rule 10 of the Delhi Police (Punishment & Appeal) Rules, 1980, it is additionally urged that when learned counsel for the petitioner opened arguments with reference to the law declared by the Supreme Court in the decision reported as 2004 (4) SCC560Bhagwan Lal Arya Vs. Commissioner of Police ...


Dec 03 2013

Tapas Vs. the State of Nct of Delhi

Court: Delhi

Decided on: Dec-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 238/2002 TAPAS Judgment delivered on: December 03, 2013 ..... Appellant Through Mr. Sumit Verma, Advocate versus THE STATE OF NCT OF DELHI ..... Respondent Through 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 appellant seeks to challenge the judgment and order on sentence dated 22.08.2001 and 01.09.2001, respectively, whereby the learned Additional Sessions Judge, Delhi, has convicted the appellant for committing an offence punishable under Section 302 Indian Penal Code, 1860 (hereinafter referred to as IPC) and sentenced him to undergo rigorous imprisonment for life together with imposition of fine of Rs.100/- and in default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for two days.2...


Dec 03 2013

MirajuddIn Vs. Shonki Ram and ors.

Court: Delhi

Decided on: Dec-03-2013

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:3. d December, 2013 % + MAC.APP. No.604/2011 MIRAJUDDIN Represented by: ..... Appellant Mr. Sanjay Luthra and Mr.M.S. Aggarwal, Advocates. Versus SHONKI RAM & ORS. Represented by: ..... Respondents Mr. A.K.Soni, Advocate for Respondent No.3/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The appellant has assailed the impugned award dated 16.03.2011, whereby the learned Tribunal has granted compensation for a sum of Rs.10,23,896/- with interest at the rate of 7.5% per annum from the date of filing of the petition till realization.2. Instant appeal has been filed for enhancement of the compensation amount noted above.3. Learned counsel appearing on behalf of the appellant has argued that though the appellant/injured was in the printing business, but he could not prove his income, therefore, the learned Tribunal has assessed the income of the appellant/injured as Rs.3,953/- per month o...


Dec 03 2013

Lalitha Mathur and ors. Vs. Anil Kumar and ors.

Court: Delhi

Decided on: Dec-03-2013

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:3. d December, 2013 % + MAC.APP. 1260/2012 LALITHA MATHUR & ORS. ..... Appellants Represented by: Mr. Manish Maini, Adv. versus ANIL KUMAR & ORS. ..... Respondents Represented by: Ms. Archana Gaur, Adv. for R3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Instant appeal has been preferred against the impugned award dated 27.07.2012, whereby ld. Tribunal has granted compensation as under:Loss of Dependency Funeral Expenses Loss of Estate Loss of Consortium Loss of Love and Affection Total : Rs.7,30,368/: Rs. 5,000/: Rs. 5,000/: Rs. 5,000/: Rs. 5,000/: Rs.7,50,368/- Interest @ 9% per annum from the date of filing of the petition till realization has also been awarded by the ld. Tribunal.2. Instant appeal has been filed for enhancement of the award noted above.3. Ld. Counsel appearing on behalf of the appellant has argued that on the date of accident, i.e. on 24.09.2009, the deceased Kamal Mathur was 3...


Dec 03 2013

DIn Telu Yadav Vs. State

Court: Delhi

Decided on: Dec-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 683/2010 Decided on:03. 12.2013 IN THE MATTER OF : DIN TELU YADAV ..... Appellant Through: Mr. Ajay Verma, Advocate versus STATE .....Respondent Through: Ms. Isha Khanna, APP for State with SI Deepak, PS: Narela. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The appellant has filed the present appeal against the judgment of conviction dated 20.10.2009 and the order on sentence dated 21.10.2009 in a case arising out of FIR No.253/2008 under Sections 452/323/304/34 IPC registered at Police Station: Narela.2. On 22.10.2013, the nominal rolls of the appellant and that of the co- convict (appellant in CRL.A.132/2010) were called for. As per the nominal roll of the appellant, against a quantum of sentence of simple imprisonment for seven years and a fine of Rs.5,000/-, in default of payment of fine, three months simple CRL.A. 683/2010 imprisonment under Sections 304/34 IPC, imprisonment for six months under Sections 323/34 IPC ...


Dec 03 2013

Shiv Shanker Vs. State

Court: Delhi

Decided on: Dec-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 132/2010 Decided on:03. 12.2013 IN THE MATTER OF : SHIV SHANKER ..... Appellant Through: Mr. Sumeet Verma, Advocate (DHCLSC) versus STATE .....Respondent Through: Mr. Navin Sharma, APP for State with SI Deepak, PS: Narela. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The appellant has filed the present appeal against the judgment of conviction dated 20.10.2009 and the order on sentence dated 21.10.2009 in a case arising out of FIR No.253/2008 under Sections 452/323/304/34 IPC registered at Police Station: Narela.2. On 22.10.2013, the nominal rolls of the appellant and that of the co- convict (appellant in CRL.A.683/2010) were called for. As per the nominal roll of the appellant, against a quantum of sentence of simple imprisonment for seven years and a fine of Rs.5,000/-, in default of payment of fine, three months simple CRL.A. 132/2010 imprisonment under Sections 304/34 IPC, imprisonment for six months under Sections 3...


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