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Delhi Court December 2013 Judgments

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Dec 19 2013

Gautam Motors and ors. Vs. Pawan Dynamics Pvt. Ltd.

Court: Delhi

Decided on: Dec-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: December 19, 2013 + CM(M) 811/2011, C.M. Nos.12808/2011, 6525/2012 & 14317/2013 GAUTAM MOTORS & ORS ..... Petitioners Through Mr.Devendra Pandey, Manager in person. versus PAWAN DYNAMICS PVT LTD ..... Respondent Through Mr.Mayank Bughani, Adv. with Mr.Naveen Chawla, Adv. 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 petitioners have assailed order dated 15 th March 2011 whereby the petitioners application for review of order dated 18 th November, 2010 was dismissed and also the order dated 21st December, 2010 whereby an additional issue was framed in the matter.2. Brief facts for the purpose of adjudication of the present petition are that the respondent/landlord had filed a suit for eviction against the petitioners/tenant. During the course of proceedings, the respondent filed an application under Order 6 Rule 17 CPC for in...


Dec 19 2013

Central Warehousing Corporation Vs. Bombay Container Terminals Pvt. Lt ...

Court: Delhi

Decided on: Dec-19-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:19. 12.2013 FAO (OS) 34/2013 & CM No.13089/2013 CENTRAL WAREHOUSING CORPORATION .....Appellant versus BOMBAY CONTAINER TERMINALS PVT. LTD. .....Respondent Advocates who appeared in this case: For the Appellant : Mr K. K. Tyagi and Mr Anoop Kumar. For the Respondent : Mr Atul Y. Chitale, Sr. Advocate with Mrs Suchitra A Chitale and Mrs Sanyukta Mukherjee. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The appellant has preferred the present appeal impugning the judgment dated 26.09.2012 passed by a learned Single Judge disposing of the objections filed by the respondent under Sections 30 & 33 of the Arbitration Act, 1940 (hereinafter referred to as the Act). The said judgment dated 26.09.2012 is hereinafter referred to as the impugned judgment. The said objections were preferred by the respondent against the final award dated 27.05.2004 (hereinafter referred to as the impu...


Dec 19 2013

C and S Electric Ltd. Vs. Union of India and ors.

Court: Delhi

Decided on: Dec-19-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:19. 12.2013 W.P.(C) 5176/2013 C & S ELECTRIC LTD. .....Petitioner versus UNION OF INDIA AND ORS. .....Respondents Advocates who appeared in this case: For the Petitioner : Mr Arun Kathpalia with Mr K. Datta & Mr Rahul Malhotra. For the Respondents : Mr Rajeeve Mehra, ASG with Mr S. Pushkarna, CGSC, Mr Gaurav Sharma, Ms Shruti Aggarwal, Mr Kartikeya Bhargava, Advs. Col. Vikash Sharma & Mr Inderjeet Singh. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner has filed the present petition inter alia praying for quashing the decision of respondent no.2 to open the respective commercial bids submitted by respondent no.3 and respondent no.4. The petitioner further seeks a declaration that the said respondents stand disqualified from entering into a contract with the Government of India for upgrading 40MM L-70 Guns deployed by the Indian defence forces. It is alleged t...


Dec 19 2013

Parvez Vs. State Nct of Delhi and ors.

Court: Delhi

Decided on: Dec-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: December 19, 2013 +1. CRL.A. 1144/2010 SAROJ @ BHUKHA ..... Appellant Through : Mr. Avninder Singh, Amicus Curiae with Mr. Aditya V. Singh, Advs. versus STATE NCT OF DELHI & ORS. ..... Respondent Through: Mr. O.P. Saxena, APP.2. CRL.A. 1145/2010 PARVEZ ..... Appellant Through : Mr. S.Hasan Zaidi, Adv. versus STATE NCT OF DELHI & ORS. ..... Respondent Through: Mr. O.P. Saxena, APP. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.1. By way of these two appeals, challenge has been made to the judgment dated 22nd July, 2010 passed by the ld.Addl. Sessions Judge whereby both the appellants have been convicted for the offence punishable u/s 394/34 IPC and u/s 397 IPC and order of sentence dated 3 rd August, 2010 whereby they have been sentenced to undergo RI for three years for the offence u/s 394 IPC with fine of Rs.1000/- each and in default to further undergo SI for two months and RI for a period of seven years for the of...


Dec 19 2013

Saroj @ Bhukha Vs. State Nct of Delhi and ors.

Court: Delhi

Decided on: Dec-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: December 19, 2013 +1. CRL.A. 1144/2010 SAROJ @ BHUKHA ..... Appellant Through : Mr. Avninder Singh, Amicus Curiae with Mr. Aditya V. Singh, Advs. versus STATE NCT OF DELHI & ORS. ..... Respondent Through: Mr. O.P. Saxena, APP.2. CRL.A. 1145/2010 PARVEZ ..... Appellant Through : Mr. S.Hasan Zaidi, Adv. versus STATE NCT OF DELHI & ORS. ..... Respondent Through: Mr. O.P. Saxena, APP. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.1. By way of these two appeals, challenge has been made to the judgment dated 22nd July, 2010 passed by the ld.Addl. Sessions Judge whereby both the appellants have been convicted for the offence punishable u/s 394/34 IPC and u/s 397 IPC and order of sentence dated 3 rd August, 2010 whereby they have been sentenced to undergo RI for three years for the offence u/s 394 IPC with fine of Rs.1000/- each and in default to further undergo SI for two months and RI for a period of seven years for the of...


Dec 19 2013

Prahlad Vs. State

Court: Delhi

Decided on: Dec-19-2013

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:19. h December, 2013 BAIL APPLICATION17752013 PRAHLAD Through ..... Petitioner Mr. C. Shandilya, Advocate versus STATE Through ..... Respondent Mr. Navin K. Jha, APP Mr. Prabhat Kumar, Advocate for complainant Inspector Nirmal Jha, EOW CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. This is an application u/s 439 Cr.P.C. for grant of bail moved by the petitioner in case FIR No.196/2011 u/s 420/467/468/471/120B IPC registered with PS Economic Offences Wing.2. As per the status report submitted by the State, the FIR in the instant case was registered on the complaint of Sh. Sanjay Mishra, Director, Anjaneya Bisanpur Agro Industries (Pvt.) Ltd. who had reported that the said company had purchased the property K-1, Hauz Khas Enclave, New Delhi from Sh. M.S. Verma vide registered sale deed on 8th October, 1973. MCD vide letter dated 22nd November, 1973 informed them that mutation has been done in the name ...


Dec 19 2013

Utopian Builders Pvt. Ltd. Vs. Rakesh Gandhi

Court: Delhi

Decided on: Dec-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Order delivered on: December 19, 2013 C.R.P. 87/2011 & CM No.12360/2011 (for stay) UTOPIAN BUILDERS PVT LTD ..... Petitioner Through Mr. Atul Sahi, Advocate. versus RAKESH GANDHI Through ..... Respondent Mr. Ram Mehar, Advocate. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present petition under section 115 CPC has been filed by the petitioner against the order dated 18th February, 2011 passed by Additional District Judge (Central), Delhi, whereby the leave to defend application of respondent was allowed.2. Brief facts for adjudication of the present matter are that petitioner filed a suit for recovery under Order XXXVII CPC against the respondent. It was stated that respondent offered his services to the petitioner company for searching and finalizing a collaboration deal for construction of residential flats in R block, New Rajinder Nagar, New Delhi and demaned `4 lac for his services as a temporary deposit. It was a...


Dec 19 2013

Mrs Neetu Saini Vs. Shri Ram Singh (Since Deceased) and ors.

Court: Delhi

Decided on: Dec-19-2013

* HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 24/2013 and CM Nos.14414/2013 Date of Decision:19. 12.2013 ..... Appellant MRS NEETU SAINI Through: Mr.I.S.Alag and Mr.J.S.Lamba, Advocate. versus SHRI RAM SINGH (SINCE DECEASED) & ORS..... Respondent Through: Mrs.Rakhi Ray, Mr.S.S.Ray and Mr.Vaibhav Gulia, Advocates. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is an execution first appeal against the order dated 06.08.2013 by virtue of which the application under Order 21 Rule 101 CPC filed by the present appellant has been dismissed by the executing court holding that the appellant has stepped into the shoes of her mother and she has no independent right, title or interest to the property in question warranting holding of an inquiry in terms of Order 21 Rule 101 CPC.2. The learned counsel for the appellant has submitted that the order which has been passed by the learned executing court is not sustainable in the eyes of law inasmuch as the question as to whether the a...


Dec 19 2013

Arvind Kumar Vs. Neha Malik

Court: Delhi

Decided on: Dec-19-2013

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 46/2013 ARVIND KUMAR ..... Appellant Through: Mr. Neeraj Pandey with Mr. Deepak Pandey, Advocates. versus NEHA MALIK ..... Respondent Through: Mr. Prabhjit Jauhar with Ms. Anupama Kaul, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI ORDER1912.2013 % This is an appeal against the order of the Family Court dated 21.09.2013. The respondent had sought - through an application under Section 26 of the Hindu Marriage Act - modification of the visitation rights in respect of minor child; the rights had been worked out through a settlement which was a precursor to a mutual consent decree of divorce issued by the competent court on 4.8.2011. The visitation rights were in respect of the minor son Tejas who has born on 30.08.2006. After considering the contentions of the parties during the course of which the Trial Court noticed that the respondent was not averse to visitation rights to Tejas fa...


Dec 19 2013

Anil Kumar Vs. the State Nct of Delhi

Court: Delhi

Decided on: Dec-19-2013

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 139/2005 % Judgment dated 19.12.2013 ANIL KUMAR ..... Appellant Mr. S.D. Dixit, Adv. Through versus THE STATE NCT OF DELHI Through ..... Respondent Mr. Feroz Khan Ghazi, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.(ORAL) 1. Present appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure against the judgment dated 15.1.2005 and order on conviction dated 19.1.2005 passed by learned Additional Sessions Judge, Delhi, whereby the appellant has been sentenced to undergo Rigorous Imprisonment for seven years with fine of Rs.1000/-, and in default of payment of fine, two months RI for the offence punishable under Sections 392/397/34 IPC.2. At the time of hearing of the present appeal, counsel for the appellant had raised a plea of juvenility on the ground that on the date of the incident the appellant was 17 years old. In support of this contention, a School Leaving Certificate of the a...


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