Delhi Court December 2013 Judgments
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Rahul Mehra Vs. Union of India and ors
Court: Delhi
Decided on: Dec-19-2013
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM APPL.17149/2013 IN W.P. (C) 195/2010 RAHUL MEHRA ..... Petitioner Through: Mr. Rahul Mehra, Petitioner in person. versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Jatan Singh, CGSC for UOI with Mr. Soayib Qureshi, Advocate. Mr. Rahul Khurana, Advocate for R-10/SAI. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI ORDER1912.2013 % CM APPL.17149/2013 Issue notice. The petitioner seeks certain directions and an early hearing of the petition as well as the pending applications. This Court notices that despite directions in CM APPL.12612/2013 made on 30.09.2013 requiring the Union of India to respond on specific issues, the affidavit has yet not been filed. In case, the said affidavit is not on the record by the next date of hearing, the Secretary of the Ministry concerned shall be present in the Court on that date. The Union of India shall file a further affidavit on the issues raised in the present ...
Anil @ Bittoo Vs. State
Court: Delhi
Decided on: Dec-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :03. d DECEMBER, 2013 DECIDED ON :19. h DECEMBER, 2013 + CRL.A. 597/2000 ANIL @ BITTOO Through : ....Appellant Ms.Inderjeet Sidhu, Advocate with Mr.Ram Kumar, Advocate. versus .Respondent STATE Through : Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Anil @ Bittoo (the appellant) questions the correctness and legality of a judgment dated 19.09.2000 of learned Addl. Sessions Judge in Sessions Case No.603/96 arising out of FIR No.441/93 PS Ashok Vihar whereby he was held guilty for committing offence under Section 307 IPC and by an order dated 23.09.2000 awarded RI for three and a half years with fine ` 1,500/-.2. Allegations against the appellant were that on 20.12.1993 at about 08.50 P.M. in a gali outside House No.J-II/41, Wazirpur, JJ Colony, Delhi, he and his associates Rangila, Tika Ram and Pawan Kumar (since acquitted) inflicted injuries to Mane Ram and Raj Rani. First Information Report was lodged after...
Bharat Bhushan Sharma and anr Vs. Inder Bir Singh Uppal
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. 126/2012 & CM No.17658/2012 BHARAT BHUSHAN SHARMA & ANR ..... Petitioners Through Mr.Ashok Bhalla, Adv. versus INDER BIR SINGH UPPAL ..... Respondent Through None. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By way of the present petition under Section 115 CPC, the petitioners have assailed the order dated 3rd September, 2012 passed by the learned Trial Court in a suit for possession and permanent injunction filed by the respondent against the petitioners.2. The respondent contended in the said suit that the respondent had purchased the suit property from the petitioner No.1 and had also taken the physical possession thereof. However, owing to physical disability, the respondent could not visit the suit property, which was lying vacant, and had requested the petitioners to look after the suit property, as the parties had cordial relation with each other and the petitioners live...
Rfn Sagir Khan and ors Vs. Union of India and ors
Court: Delhi
Decided on: Dec-19-2013
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7267/2013 & CM No.15629/2013 Date of decision:19. h December, 2013 % RFN SAGIR KHAN & ORS Through : ..... Petitioners Mr. S. S. Pandey and Mr. H.S. Tiwari, Advs. versus UNION OF INDIA & ORS Through : ..... Respondents Mr. Ankur Chhibber and Mr. Aashish Gumber, Advs. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. The factual matrix given rise to the present petition is largely undisputed and to the extent necessary is noticed hereafter. The writ petition raises an important question with regard to nomination of Persons Below Officer Rank (PBOR) of the Indian Army for being deputed to proceed on a UN Mission and Overseas tenure. It is unfortunate that this question has arisen despite the adjudication on this issue by the Division Bench dated 25th May, 2008 in WP(C)No.8085/2007 Naib Sub. Subedar Singh v. Union of WP(C) No.7267/2013 page 1 of 31 India & Ors. with regard to the cut off...
Suo Motu Cognizance Vs. Suo Motu Cognizance
Court: Delhi
Decided on: Dec-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: December 19, 2013 + W.P.(C) 8066/2013 IN THE MATTER OF: Suo Motu Cognizance In Re: Order dated October 07, 2013 in SC No.34/2013 Represented by: Ms.Zubeda Beguma, Amicus Curiae and Ms.Rameeza Hakeem, Amicus Curiae CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V. KAMESWAR RAO PRADEEP NANDRAJOG, J.1. Assigned to this Bench by Honble the Chief Justice taking suo motu cognizance of certain observations made by the learned Judge, Special Fast Track Court, in the order dated October 07, 2013, in Sessions Case No.34/2013, the above captioned writ petition was listed before us yesterday i.e. on December 18, 2013. We had appointed Ms.Zubeda Begum and Ms.Rameeza Hakeem, Advocates who were present in Court as Amicus Curiae to assist us. We had drawn attention of learned Amicus Curiae to two observations made in paragraph 20 of the decision in question, which according to us were prima-facie reflective of gender insen...
Alka Saigal Vs. Uoi and ors.
Court: Delhi
Decided on: Dec-19-2013
* HIGH COURT OF DELHI AT NEW DELHI + RSA No.119 OF2012& CM Nos.18975-76/2012 Decided on :19. h December, 2013 ALKA SAIGAL Through: Appellant Mr.Rakesh Tikku & Mr.Kirti Uppal, Sr.Advs. with Mr.R.K.Garg, Mr.Amar Bhalla and Mr.Anshumaan Sahni, Advs. Versus UOI & ORS. Through : Respondents Mr.Amit Chadha & Mr.Atin Chadha, Advs. for R-1 & 2 Mr.Rajiv Nayar, Sr.Adv. with Ms.Meghna Mishra, Ms.Saloni Chowdhary, Mr.Varun Kumar, Mr.Fareh Ahmad Khan and Mr.Rohit Sharma, Advs. for R-3. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. This is a regular second appeal filed by the appellant against the judgment dated 27th March, 2012 passed by the learned Additional District Judge, New Delhi dismissing the appeal bearing RCA No.13/2011 titled Sh.Nirmal Saigal Thr. LRs Vs. UOI & Ors.2. Briefly stated the facts of the case are that the appellant (Nirmal Saigal (since deceased, now represented through his LR Smt. Alka Saigal) filed a suit bearing No.149/2010 for declaration and injunction against ...
G.S. Gosal Vs. Cement Corporation of India 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) 541/2013 & C.M. No.8059/2013 G.S. GOSAL Through ..... Petitioner Mr. Rajeev Garg, Ms. Santa Raman and Ms. Kavita Rawat, Advocates. versus CEMENT CORPORATION OF INDIA LTD. ..... Respondent Through Mr. Mukesh Kumar, Advocate for CCI/R1. Mr. K. Venkataraman, Advocate for Applicant in ( IA No.8059/2013) 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 order date 10th October, 2012 passed by the learned Addl. District Judge whereby the application of the petitioner under Section 151, 152 and 153 of CPC was dismissed.2. The brief facts which led to the filing of present petition are as under :i) The petitioner is the absolute owner of Flat No.204, Second Floor, Building No.87, CCI House, Nehru Place, New Delhi 110019, admeasuring 530 sq. ft. ii) The suit property was initially let ou...
Narender Singh Vs. State and anr.
Court: Delhi
Decided on: Dec-19-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. M.C.3066/2011 and CRL.M.A. 10839/2011 Date of Decision :19. h December, 2013 % NARENDER SINGH Through : versus ..... Petitioner Mr. Sheetesh Khanna, Adv. STATE & ANR. ..... Respondents Mr. Karan Singh, APP. Mr. Harpreet Singh, Mr. Rajesh Gupta and Mr. Saurabh Gautam, Advs. for respondent no.2. Through : CORAM :HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The petitioner seeks quashing of the complaint under Section 138 of the Negotiable Instruments Act on the ground of lack of territorial jurisdiction.2. The petitioner issued a cheque bearing no.506613 dated 1 st July, 2008 for Rs.86,62,830/- drawn on HDFC Bank, Greater Noida which was dishonoured on presentation due to insufficient funds on being deposited by the respondent with Punjab National Bank, Chandan Hola, Delhi whereupon respondent no.1 issued a notice of dishonour dated 22nd July, 2008 and thereafter filed a complaint under Section 138 of the Negotiable Instruments Act bef...
Sh Ram Niwas Dagar Vs. Shri Krishan Kumar and anr
Court: Delhi
Decided on: Dec-19-2013
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:19. 12.2013 FAO(OS) 583/2013 & CM No.20170/2013 SH RAM NIWAS DAGAR versus SHRI KRISHAN KUMAR & ANR ..... Appellant ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Anand Yadav. For the Respondent : Mr P. D. Gupta, Mr Kamal Gupta and Mr Abhishek Gupta for R-2. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This appeal is directed against the judgment and order dated 05.12.2013 passed by a learned Single Judge of this Court in CS(OS) No.38/2011. The suit was filed by the appellant inter-alia, seeking specific performance of an agreement to purchase dated 10.01.2001 as also cancellation of a release deed dated 23.08.2006 executed by defendant no.1 (Krishan Kumar) in favour of respondent no.2 (defendant No.2) in respect of the entire holding of defendant no.1, which was to the extent of 8 bighas and 8 biswas in Khasra No.208, in th...
Ram Gopal Kulathia Vs. Manoj Kumar Etc.
Court: Delhi
Decided on: Dec-18-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: December 18, 2013 + C.R.P. 210/2013 RAM GOPAL KULATHIA Through ..... Petitioner Mr.V.K.Goel, Adv. versus MANOJ KUMAR ETC Through ..... Respondents None CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present petition has been filed under Section 115 of the CPC assailing the impugned order dated 9th January, 2009 wherein the learned ADJ dismissed the suit of the petitioner under Order 7 Rule 11 of the CPC.2. Relevant facts that led to the filing of this petition are as under: i. On 18th September, 2001 plaintiff/petitioners car went missing from a MCD parking complex situated at Karol Bagh, New Delhi, in presence of respondent No.1 who was the parking attendant at the relevant period of time. ii. Petitioner filed a FIR at the Karol Bagh Police Station and also kept perusing respondent No.1 to either return the vehicle or, in alternative, pay the present market value of the car amounting to `3,50,000/-. ii...
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