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Delhi Court March 2013 Judgments

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Mar 20 2013

Arvind Kumar @ Arun Vs. State

Court: Delhi

Decided on: Mar-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:8. h March, 2013 Pronounced on:20. h March, 2013 + CRL.A. 262/2012 ARVIND KUMAR @ ARUN Through: ..... Appellant Mr. Amit Seth, Advocate versus STATE ..... Respondent Through: + Ms. Jasbir Kaur, APP for the State. CRL.A. 562/2012 SUNIL KUMAR .... Appellant Through: Mr. Bhupesh Narula, Advocate versus STATE ..... Respondent Through: + Ms. Jasbir Kaur, APP for the State. CRL.A. 844/2012 BALWANT SINGH Through: ..... Appellant Mr. Anish Dhingra, Adv. versus STATE ..... Respondent Through: Crl. A. Nos.262/2012, 562/2012 & 844/2012 CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. These three Appeals are directed against a judgment dated 02.12.2011 and an order on sentence of even date passed by the learned Additional Sessions Judge(ASJ) in Sessions Case No.12/2009 FIR No.277/2008 P.S. Alipur whereby the Appellants Balwant Singh and Sunil Kumar were convicted for an offence punishable under Sections 365/392/34 IPC. They wer...


Mar 20 2013

Jasbir Kaur Vs. Govt. of Nct of Delhi and anr

Court: Delhi

Decided on: Mar-20-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI WP(C) No.1863/2013 & WP(C) No.1870/2013 % March 201. W.P.(C) 1863/2013 JASBIR KAUR Through: ..... Petitioner Mr. Rajat Aneja, Adv. versus GOVT. OF NCT OF DELHI AND ANR ..... Respondents Through: Mr. Jagdeep Sharma, Adv. for R-1. and 2. W.P.(C) 1870/2013 KULJIT KAUR Through: ..... Petitioner Mr. Rajat Aneja, Adv. versus GOVT. OF NCT OF DELHI AND ANR ..... Respondents Through: Mr. Jadgeep Sharma, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) CM No.3557/2013(for exemption) in WP(C) No.1863/2013 & CM No.3565/2013(for exemption) in WP(C) No.1870/2013 Allowed, subject to all just exceptions. Applications stand disposed of. WP(C) No.1863/2013 & CM No.3556/2013(for direction) with WP(C) No.1870/2013 & CM No.3564/2013(for direction) 1. The petitioners claim that they continue to be teachers in the respondent No.2/school. Petitioner in WP(C) No.1863/2013 was appointed as a TGT ...


Mar 20 2013

Jagson Airlines Ltd. Vs. M/S Bannari Amman Exports P.Ltd.and anr.

Court: Delhi

Decided on: Mar-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : March 18, 2013 Judgment Pronounced on : March 20, 2013 + FAO(OS) 101/2013 JAGSON AIRLINES LTD. ..... Appellant Represented by: Mr.Sakal Bhushan, Advocate with Mr.Rohit Gandhi, Mr.Raghvendra, Advs. versus M/S BANNARI AMMAN EXPORTS P.LTD.& ANR. ..... Respondents Represented by: Ms.Indu Malhotra, Sr.Advocate instructed by Mr.Vanshdeep Dalmia, Ms.Nistha Kumar, Advocates. AND FAO(OS) 102/2013 JAGSON AIRLINES LTD. ..... Appellant Represented by: Mr.Sakal Bhushan, Advocate with Mr.Rohit Gandhi, Mr.Raghvendra, Advs. versus BANNARI AMMAN EXPORTS (P) LTD. & ANR. ..... Respondents Represented by: Ms.Indu Malhotra, Sr.Advocate instructed by Mr.Vanshdeep Dalmia, Ms.Nistha Kumar, Advocates. AND FAO(OS) 103/2013 INDIAN PORTS WAREHOUSING CO. ..... Appellant Represented by: Mr.Jayant Nath, Sr.Advocate instructed by Ms.Subhash Mishra, Mr.Abhishek Kr.Jha Mr.Sanjay Grovers, Advocates. versus BANNARI AMMAN EXPORTS (P) LTD. & ANR. ..... Resp...


Mar 20 2013

R.K.Tarun Vs. Union of India and ors

Court: Delhi

Decided on: Mar-20-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 1852/2013 R.K.TARUN ..... Petitioner Through: Petitioner-in-person versus UNION OF INDIA AND ORS ..... Respondent Through: Mr Rajeev Mehra, ASG with Mr Neeraj Chaudhari, CGSC, Mr Ravjyot Singh and Mr Aditya Chaivdra, Advs. for UOI CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER % 20.03.2013 CM 3534/2013 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 1852/2013 The petitioner before this Court is challenging the vires and constitutional validity of Section 2(wa) of the Code of Criminal Procedure, 1973 which defines the expression victim, to the limited extent the legal heirs are included in the said definition. The contention of the petitioner is that the legal heirs under Hindu Succession Act, 1956 which applies to Hindus are different from the legal heirs under Mohammendan law which applies to Muslims. He further submits that even under Mohammendan law, t...


Mar 20 2013

Jagson Airlines Ltd. Vs. Bannari Amman Exports (P) Ltd. and anr.

Court: Delhi

Decided on: Mar-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : March 18, 2013 Judgment Pronounced on : March 20, 2013 + FAO(OS) 101/2013 JAGSON AIRLINES LTD. ..... Appellant Represented by: Mr.Sakal Bhushan, Advocate with Mr.Rohit Gandhi, Mr.Raghvendra, Advs. versus M/S BANNARI AMMAN EXPORTS P.LTD.& ANR. ..... Respondents Represented by: Ms.Indu Malhotra, Sr.Advocate instructed by Mr.Vanshdeep Dalmia, Ms.Nistha Kumar, Advocates. AND FAO(OS) 102/2013 JAGSON AIRLINES LTD. ..... Appellant Represented by: Mr.Sakal Bhushan, Advocate with Mr.Rohit Gandhi, Mr.Raghvendra, Advs. versus BANNARI AMMAN EXPORTS (P) LTD. & ANR. ..... Respondents Represented by: Ms.Indu Malhotra, Sr.Advocate instructed by Mr.Vanshdeep Dalmia, Ms.Nistha Kumar, Advocates. AND FAO(OS) 103/2013 INDIAN PORTS WAREHOUSING CO. ..... Appellant Represented by: Mr.Jayant Nath, Sr.Advocate instructed by Ms.Subhash Mishra, Mr.Abhishek Kr.Jha Mr.Sanjay Grovers, Advocates. versus BANNARI AMMAN EXPORTS (P) LTD. & ANR. ..... Resp...


Mar 20 2013

Ram Bai Vs. Ritesh JaIn and ors.

Court: Delhi

Decided on: Mar-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 249/2013 % Date of Decision: March 20, 2013 RAM BAI ..... Petitioner Through: Mr.Manish Kapoor, Advocate. versus RITESH JAIN & ORS. .... Respondents Through: None. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.(ORAL) * 1. The petitioner has challenged the order dated 22.02.2013 passed by ld.trial court whereby the application of the petitioner, that is, defendant before the trial court under Order VII Rule 11 CPC for rejection of the plaint has been dismissed.2. The respondent herein that is plaintiff before the trial court has filed a suit alleging therein that the petitioner/defendant was engaged as Chowkidar by one of the co-owners on monthly charges of ` 2500/- and in that capacity she was allowed to reside in the property. It is alleged that after 31.12.2006 there was no requirement of keeping any chowkidar and as such her services were terminated and she was required to hand over the possession of the flat, however, she ...


Mar 20 2013

Fullerton India Credit Co Ltd Vs. Nabi

Court: Delhi

Decided on: Mar-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 336/2013 % Date of Decision: March 20, 2013 FULLERTON INDIA CREDIT CO LTD ..... Petitioner Through: Mr.Sanjeev Sagar, Adv. versus NABI ..... Respondent Through: None. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.(ORAL) * CM No.4870/2013 (exemption) Allowed, subject to just exceptions. CM(M) 336/2013 1. The petitioner has filed a petition under Section 9 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) before the Ld.ADJ for appointment of receiver, grant of injunction and seeking repossession of vehicle borrowed by the respondent.2. In the petition under Section 9 of the Act, it is alleged that a loan of `37,000/- was granted to the respondent vide loan agreement dated 22.03.2012 for the purchase of two wheeler to be repaid in equal monthly instalments of `1976/- and the tenure of loan was 24 months. The case of the petitioner is that only 2 instalments were received from respondent, thereaft...


Mar 20 2013

Rajesh @ Karambir Vs. State of Nct of Delhi

Court: Delhi

Decided on: Mar-20-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1156/2012 Reserved on:5. h March, 2013 Decided on:20. h March, 2013 % RAJESH @ KARAMBIR ..... Appellant Through Mr. Ravi Chaturvedi, Ms. Geeta Nagar, Advs. versus STATE OF NCT OF DELHI Through ..... Respondent Mr. Manoj Ohri, APP with SI Praveen Attri PS Bawana. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present appeal the Appellant challenges the judgment dated 26th May, 2012 convicting him for offences punishable under Sections 392/34 IPC and Section 411 IPC and the order on sentence dated 31 st May, 2012 whereby he was directed to undergo rigorous imprisonment for a period of five years and a fine of Rs. 1000/- and in default of payment of fine to undergo simple imprisonment for six months for offence punishable under Sections 392/34 IPC and rigorous imprisonment for a period of two years and a fine of Rs. 2000/- and in default of payment of fine to undergo simple imprisonment for three years for offence punishable under Sectio...


Mar 20 2013

Fullerton India Credit Co Ltd Vs. Farooque

Court: Delhi

Decided on: Mar-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 327/2013 % Date of Decision: March 20, 2013 FULLERTON INDIA CREDIT CO LTD ..... Petitioner Through: Mr.Sanjeev Sagar, Adv. versus FAROOQUE ..... Respondent Through: None. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.(ORAL) * CM No.4845/2013 (exemption) Allowed, subject to just exceptions. CM(M) 327/2013 1. The petitioner has filed a petition under Section 9 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act) before the Ld.ADJ for appointment of receiver, grant of injunction and seeking repossession of vehicle borrowed by the respondent.2. In the petition under Section 9 of the Act, it is alleged that a loan of `36,000/- was granted to the respondent vide loan agreement dated 20.01.2012 for the purchase of two wheeler to be repaid in equal monthly instalments of `1598/- and the tenure of loan was 30 months. The case of the petitioner is that only 8 instalments were received from respondent, ther...


Mar 20 2013

B.S.N.L. Vs. Attar Singh and ors.

Court: Delhi

Decided on: Mar-20-2013

$~37. * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:20. 03.2013 + W.P.(C) 3150/2007 B.S.N.L. ..... Through: Petitioners Mr. Raj Birbal, Sr. Adv. with Ms. Raavi Birbal, Advocate versus ATTAR SINGH & ORS. Through: ..... Respondents Mr. Vikram Nandrajog, Mr. Amit Singh, Mr. Sheetesh Khanna and Mr. Sushil Jaswal, Advocates CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(ORAL) 1. This batch of writ petitions under Article 226 of the Constitution of India have been preferred by Bharat Sanchar Nagam Limited (BSNL) to assail the common award passed by the Central Government Industrial Tribunal cum Labour Court II, Rajendra Place, Rajendra Bhawan, New Delhi (CGIT), in several references made in respect of the respondent workman.2. The reference in respect of each of the workman is more or less identical. The same issues arise from the references and, consequently, have been dealt with in the common award passed by the CGIT. As an example, I am reproducing herein below the ...


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