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Delhi Court February 2013 Judgments

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Feb 01 2013

Fincap Portfolio Ltd. Vs. State and ors

Court: Delhi

Decided on: Feb-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t February, 2013 + CRL.L.P. 490/2011 FINCAP PORTFOLIO LTD. Through: ..... Petitioner Mr. K.K. Manan with Mr. Nipun Bhardwaj, Advocates versus STATE & ORS ..... Respondents Through: Ms. Rajdipa Behura, APP for the State/Respondent No.1. Mr. Vijay Aggarwal with Mr. Gurpreet Singh, Advocates for the Respondents No.2 to 4. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in Crl.L.P.484/2011 titled FINCAP PORTFOLIO LTD. v. STATE & ORS 2.For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE FEBRUARY 01 2013 v...


Feb 01 2013

Fincap Portfolio Ltd. Vs. State and ors

Court: Delhi

Decided on: Feb-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t February, 2013 + CRL.L.P. 489/2011 FINCAP PORTFOLIO LTD. Through: ..... Petitioner Mr. K.K. Manan with Mr. Nipun Bhardwaj, Advocates versus STATE & ORS ..... Respondents Through: Ms. Rajdipa Behura, APP for the State/Respondent No.1. Mr. Vijay Aggarwal with Mr. Gurpreet Singh, Advocates for the Respondents No.2 to 4. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in Crl.L.P.484/2011 titled FINCAP PORTFOLIO LTD. v. STATE & ORS 2.For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE FEBRUARY 01 2013 v...


Feb 01 2013

Shehnaz Begum Vs. Abdul Khaliq

Court: Delhi

Decided on: Feb-01-2013

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :1. t February, 2013 % + CM(M) 134/2013 SHEHNAZ BEGUM ..... Petitioner Through: Mr.Himal Akhtar, Advocate. versus ABDUL KHALIQ ..... Respondent Through : CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI % PRATIBHA RANI, J.(ORAL) CM.No.1865/2013 (Exemption) Allowed, subject to all just exceptions. Application stands disposed of. CM (M).No.134/2013 & CM.1864/2013 1. This petition under Article 227 of the Constitution of India has been directed against the order dated 13th December, 2012, whereby the learned Civil Judge allowed the application under Order VI Rule 17 CPC filed by the respondent (plaintiff in Suit No.885/2011) to amend the plaint.2. In brief, the facts of the case, as incorporated in para 2 of the impugned order reveal that a suit for declaration and cancellation of eviction orders dated 13th February, 2009, 10th July, 2009 and the order dated 7th May, 2008, passed by the Competent Authority (Slum), Delhi was filed, in...


Feb 01 2013

Fincap Portfolio Ltd. Vs. State and ors

Court: Delhi

Decided on: Feb-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t February, 2013 + CRL.L.P. 487/2011 FINCAP PORTFOLIO LTD. Through: ..... Petitioner Mr. K.K. Manan with Mr. Nipun Bhardwaj, Advocates versus STATE & ORS ..... Respondents Through: Ms. Rajdipa Behura, APP for the State/Respondent No.1. Mr. Vijay Aggarwal with Mr. Gurpreet Singh, Advocates for the Respondents No.2 to 4. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in Crl.L.P.484/2011 titled FINCAP PORTFOLIO LTD. v. STATE & ORS 2.For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE FEBRUARY 01 2013 v...


Feb 01 2013

Mount Carmel School Society Vs. Viom Network

Court: Delhi

Decided on: Feb-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :1st February, 2013 % + CM(M) 124/2013 MOUNT CARMEL SCHOOL SOCIETY ..... Petitioner Through : Mr.R.K.Modi, Adv. versus VIOM NETWORK Through : CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI ..... Respondent % PRATIBHA RANI, J.(ORAL) CM No.1736/2013 (Exemption) 1. Exemption allowed, subject to all just exceptions.2. Application stands disposed of. CM(M) No.124/2013 & CM No.1840/2013 (Stay) 1. The petitioner, who was plaintiff in Civil Suit no.970/2011, has filed the present petition under Article 227 of The Constitution of India praying for setting aside the order dated 21.11.2012 passed by learned Addl. District Judge whereby his application moved under Order 8 Rule 1 CPC read with Section 151 CPC, was dismissed.2. Heard learned counsel for the petitioner.3. The order dated 21.11.2012 has been impugned on the ground that since the respondent failed to file written statement within the stipulated period, there existed a valid ground fo...


Feb 01 2013

Bholu Khan Vs. State of Nct of Delhi and ors.

Court: Delhi

Decided on: Feb-01-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:01. t February, 2013 + W.P.(CRL) 1442/2012 BHOLU KHAN Through ..... Petitioner Mr. Vivek Kumar, Advocate with petitioner in person. versus STATE OF NCT OF DELHI & ORS. ..... Respondent Through Mr. Rajeev Mehra, ASG with Mr. Pawan Sharma, standing counsel, Ms. Richa Kapoor with Ms. Priyanka Kapoor, Advocates. Inspector Parmendra Rana, PS Nihal Vihar. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SIDDHARTH MRIDUL SANJIV KHANNA, J.(ORAL) Mr. Rajeev Mehra, Additional Solicitor General has entered appearance and has drawn our attention to 2(2) of the Protection of Children from Sexual Offences Act, 2012. He has further relied on the Full Bench decision of this Court in Court on its own motion (Lajja Devi) vs. State, 2012 (193) DLT 619.2. Mr. Pawan Sharma, learned standing counsel has drawn our attention to the order dated 22nd January, 2013 passed in W.P. (Crl.) 1025/2012 titled Furqan v. State.3. Bholu Khan and Shama ...


Feb 01 2013

Fincap Portfolio Ltd. Vs. State and ors

Court: Delhi

Decided on: Feb-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t February, 2013 + CRL.L.P. 486/2011 FINCAP PORTFOLIO LTD. Through: ..... Petitioner Mr. K.K. Manan with Mr. Nipun Bhardwaj, Advocates versus STATE & ORS ..... Respondents Through: Ms. Rajdipa Behura, APP for the State/Respondent No.1. Mr. Vijay Aggarwal with Mr. Gurpreet Singh, Advocates for the Respondents No.2 to 4. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in Crl.L.P.484/2011 titled FINCAP PORTFOLIO LTD. v. STATE & ORS 2.For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE FEBRUARY 01 2013 v...


Feb 01 2013

Smt. Jagir Kaur and ors. Vs. State (Nct of Delhi) and anr.

Court: Delhi

Decided on: Feb-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t February, 2013 + CRL. M.C. 379/2013 SMT. JAGIR KAUR & ORS. ..... Petitioners Through: Thakur Virender Pratap Singh Charak, Adv. with Mr. Pushpender Charak, Adv., Mr. RPS Tomar, Adv. versus STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Ms. Rajdipa Behura, APP for the State. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) CRL M.A.1220/2013 (Exemption) Exemption allowed, subject to all just exceptions. The Application is allowed CRL. M.C. 379/2013 1. The Petitioners invoke inherent powers of the Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) for setting aside of the order dated 04.12.2012 whereby the Revision Petition against the summoning order dated 30.06.2011 passed by the learned Metropolitan Magistrate (MM) was dismissed by the learned Additional Sessions Judge (ASJ). The Petitioners grievance is that they (the Petitioners) were not aware of the order dated 30.06....


Feb 01 2013

Renu Vs. Ganesh Singh

Court: Delhi

Decided on: Feb-01-2013

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: February 01, 2013 + FAO 367/2012 RENU ..... Appellant Represented by: Ms.Geeta Dhingra, Advocate versus GANESH SINGH ..... Respondent Represented by: Ms.Sangeeta, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. Heard learned counsel for the parties.2. Admittedly the appellant is maintaining herself and two minor children being a son aged 10 years and a daughter aged 6 years. She is unemployed. Respondent has not been able to make good the assertion that appellant earns money by pursuing the vocation of stitching clothes or by working in a beauty parlour or teaching children.3. As regards the respondent his salary slip would show a monthly wage of `8826/-, as of July 2010, being an employee of Spice Net Company, D-4 Okhla Industrial Area, Phase-I, New Delhi.4. Property bearing Municipal not WZ-83 Village Dasghara, New Delhi, which consists of four floor...


Feb 01 2013

Nikhil Kumar Garg Vs. M/S. Nitishree Infrastructure Limited

Court: Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Decided on: Feb-01-2013

Barkat Ali Zaidi, President: 1. Facts of the case are that on 16.01.2007, the complainant on entered into a written agreement with the OP for purchase/Sale of a flat, bearing No.604, Block-E, 6th Floor in Voila Apartment of the OP at Shaurya Puram, N.H.24, Ghaziabad, UP, and paid the OP Rs.28,16,283/- towards 90% of the consideration amount, with stipulation that remaining 10% amount will be paid at the time of delivery of possession. A written agreement of this sale purchased agreement was executed between the parties, wherein it was also agreed that therefrom the OP will start construction within three months, and subsequent to within 30 months OP will hand over the possession, which the complainant failed. Complainants grouse is that in September 2009 when he approached the OP for taking delivery of the flat it turned out, that the construction of the flat had not even started. He therefore on 18.06.2009 sent a legal notice to the OP, calling upon him to repay his amount alongwith i...


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