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Delhi Court April 2013 Judgments

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Apr 10 2013

Pnb Housing Finance Ltd. Vs. Sunita Malhotra and ors.

Court: Delhi

Decided on: Apr-10-2013

F-24 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1639/2010 PNB HOUSING FINANCE LTD. ..... Plaintiff Through: Mr. R.K. Dhawan, Advocate with Ms. Sheweeta Joshi, Advocate. versus SUNITA MALHOTRA AND ORS. Through: None. ..... Defendants Date of Decision:10. h April, 2013. % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral):1. Present mortgage suit has been filed on 23rd July, 2010 for recovery of Rs.22,92,580/- together with interest @ 11.5% per annum with monthly rest till realization along with costs.2. While the defendants No.1 and 2 are borrowers, defendant No.3 is a guarantor in respect of a term loan of Rs.15 lacs for purchase and finishing of second floor of property bearing not G-2/67, Sector-16, Rohini, Delhi having built up area of 48 sq. yds.3. It is stated in the plaint that the present suit has been filed on failure of the defendants to observe financial discipline and on their failure to repay the amount despite the plaintiffs demand notice.4. On 11th...


Apr 10 2013

Baijnath and ors Vs. State

Court: Delhi

Decided on: Apr-10-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 391/2011 and Crl. M.A. No. 4401/2012 (preponment) Reserved on:8. h February, 2013 Decided on:10. h April, 2013 % BAIJNATH & ORS Through: ..... Appellants Mr. Naveen Gaur, Advocate. versus STATE Through: ..... Respondent Mr. Manoj Ohri, APP for the State. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present appeal the Appellants impugn the judgment dated 13th January, 2011 whereby the Appellants have been convicted for offence punishable under Section 20 NDPS Act and the order on sentence dated 24 th January, 2011 whereby they have been directed to undergo 10 years rigorous imprisonment with fine of Rs. 1 lakh and in default of payment of fine to undergo six months rigorous imprisonment.2. Learned counsel for the Appellant contends that in the alleged contraband only leaves and twigs were found, thus the same does not fall within the definition of Ganja as defined under Section 2(iii)(b) of the NDPS Act. There is violation of mandato...


Apr 10 2013

Jatinder Kaur Saini Vs. School Management of G.H.P.S., Fateh Nagar and ...

Court: Delhi

Decided on: Apr-10-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % 1. W.P.(C) No. 8412/2011 & conn. 10th April, 2013 W.P.(C) No. 8412/2011 JATINDER KAUR SAINI Through: ...... Petitioner Mr. Raj Kumar Sherawat, Advocate VERSUS SCHOOL MANAGEMENT OF G.H.P.S., FATEH NAGAR & ORS. ...... Respondents Through: Ms. Manpreet Kaur Bhasin, Adv. for R-1 & R-2. Mr. Anuj Tyagi, Adv. for Mr. Sachin Chopra, Adv. for R-3. Mr. J.D.Bhardwaj, DEO, Zone-14, Director of Education.2. W.P.(C) No. 8413/2011 GURMEET KAUR Through: ...... Petitioner Mr. Raj Kumar Sherawat, Advocate VERSUS SCHOOL MANAGEMENT OF G.H.P.S., FATEH NAGAR & ORS. ...... Respondents Through: Ms. Manpreet Kaur Bhasin, Adv. for R-1 & R-2. Mr. Anuj Tyagi, Adv. for Mr. Sachin Chopra, Adv. for R-3. Mr. J.D.Bhardwaj, DEO, Zone-14, Director of Education.3. W.P.(C) No. 8421/2011 SWARANJIT KAUR Through: ...... Petitioner Mr. Raj Kumar Sherawat, Advocate VERSUS SCHOOL MANAGEMENT OF G.H.P.S., FATEH NAGAR & ORS. ...... Respondents Through: Ms. Manpreet Kaur Bhasin, Adv. fo...


Apr 10 2013

Rakesh Kumar Vs. Union of India and ors.

Court: Delhi

Decided on: Apr-10-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. 02.2013 Pronounced on:10. 04.2013 + W.P.(C) 405/2013 ..... Petitioner ANIL KUMAR Through : Advocate. Ms. Shweta Priyadarshini, versus UNION OF INDIA ..... Respondent Through : Sh. Joginder Sukhija, CGSC. + W.P.(C) 5416/2012 & C.M. NO. 11037/2012 (for ex-parte relief) RAKESH KUMAR ..... Petitioner Through : Sh. N.L. Bareja, Advocate. versus UNION OF INDIA & ORS ..... Respondents Through : Sh. Himanshu Bajaj, CGSC. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA MR. JUSTICE S. RAVINDRA BHAT % 1. The grievance in these two petitions is common. The writ petitioners are Anil Kumar [in W.P.(C)405/2013] and Rakesh Kumar W.P.(C) 405/2013; W.P.(C) 5416/2012 &, C.M. NO.11037/2012 Page 1 [in W.P.(C) 5416/2012]. Rakesh Kumar had applied for recruitment to the post of Assistant Sub Inspector (Executive) [ASI (Exec)] with the Central Industrial Security Force (CISF) in response to an advertisement. They c...


Apr 10 2013

inspector Samay Singh and anr. Vs. Joginder Singh Yadav

Court: Delhi

Decided on: Apr-10-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :8. h FEBRUARY, 2013 DECIDED ON :10. h APRIL, 2013 + CRL.M.C.720/2011 & CRL.M.A.Nos.19440/2011 & 2784/2011 INSPECTOR SAMAY SINGH & ANR. ....Petitioners Through : Mr.Manoj Sharma, Advocate with Mr.Kapil Kaushik, Advocate. versus JOGINDER SINGH YADAV .Respondent Through : Mr.Ratnesh Bansal, Advocate. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The present petition under Section 482 Cr.P.C. has been preferred by the petitioners for quashing of order dated 22.02.2010 in Criminal Complaint (CC) No.360/2001 by which they were summoned for committing offences punishable under Sections 342/365/34 IPC.2. Complaint case under Sections 340/342/365/442/448/506/34 IPC was filed by Joginder Singh Yadav against Devender, Rajender, Insp.Samay Singh and Const.Sunil alleging that on 25.11.2003, they came in Indica car bearing No. DL 3CV 2652.entered his office and threatened him to implicate in a false case by planting katta on him. They forci...


Apr 10 2013

Deepak Dua Vs. Directorate of Education and anr.

Court: Delhi

Decided on: Apr-10-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 7040/2011 10th April, 2013 DEEPAK DUA ...... Petitioner Mr. Manish Chauhan, Adv. Through: VERSUS DIRECTORATE OF EDUCATION & ANR. ...... Respondents Through: Mohd. Noorullah, Adv. for Ms. Anjum Javed, Adv. or R-1. Mr. Vinay Sabharwal, Adv. for R-2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J.MEHTA, J (ORAL) 1. the This writ petition is filed by the petitioner Sh. Deepak Dua claiming relief of payment of gratuity alongwith interest by his employer/school/respondent no.2-Salwan Public School.2. The facts of the case are that the petitioner joined the respondent no.2- school in the post of Trainee Teacher on 2.8.1999. The petitioner was confirmed at the post of PGT (Mathematics) on 2.8.2000 on successful completion of probation with the respondent no.2-school. WPC 7040/2011 Petitioner resigned from his service w.e.f Page 1 o15. 7.2009. Since the gratuity as claimed by the petitioner...


Apr 10 2013

Prashant Kumar Verma Vs. D.D.A.

Court: Delhi

Decided on: Apr-10-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8582/2011 PRASHANT KUMAR VERMA ..... Petitioner Through: Mr. R.K. Saini, Advocate versus D.D.A. Through: % ..... Respondent Mr. Arun Birbal, Advocate Date of Decision : April 10, 2013 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL JUDGMENT : REVA KHETRAPAL, J.1. Rule. With the consent of the parties, the matter is taken up for final hearing.2. The present writ petition has been filed against the wrongful cancellation of the registration and thereafter allotment of the LIG plot allotted to the Petitioner under the Rohini Residential Scheme, 1981 on the ground of non-eligibility under the terms and conditions of the Scheme and on the ground that the Petitioner was a minor at the time of registration, i.e. 25.4.1981, whereas the Petitioner had attained the age of majority at that time.3. The facts which need to be noticed for the purpose of deciding the present writ petition are as follows.4. In the year 1981, the DDA introduced a Scheme for ...


Apr 10 2013

Sajjan Singh Vs. State

Court: Delhi

Decided on: Apr-10-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:3. d April, 2013 Pronounced on:10. h April, 2013 + CRL.A. 78/2012 DALIP SINGH Through: ..... Appellant Mr.V.K.Malik, Advocate with Mr. Rahul Raj Malik, Advocate Versus STATE OF (GOVT OF NCT OF DELHI) ..... Respondent Through: Ms.Rajdipa Behura, APP for the State + CRL.A. 239/2012 BIJENDER SINGH Through: ..... Appellant Mr.V.K.Malik, Advocate with Mr. Rahul Raj Malik, Advocate Versus STATE Through: + ..... Respondent Ms.Rajdipa Behura, APP for the State CRL.A. 240/2012 UMED SINGH Through: ..... Appellant Mr.V.K.Malik, Advocate with Mr. Rahul Raj Malik, Advocate Versus STATE Through: + ..... Respondent Ms.Rajdipa Behura, APP for the State CRL.A. 241/2012 RAJINDER SINGH Crl.A. 78/2012 Etc ..... Appellant Page 1 of 12 Through: Mr.V.K.Malik, Advocate with Mr. Rahul Raj Malik, Advocate versus STATE OF DELHI Through: + ..... Respondent Ms.Rajdipa Behura, APP for the State CRL.A. 242/2012 SAJJAN SINGH Through: ..... Appellant Mr.V.K.Malik, ...


Apr 10 2013

Dalip Singh Vs. State of (Govt of Nct of Delhi)

Court: Delhi

Decided on: Apr-10-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:3. d April, 2013 Pronounced on:10. h April, 2013 + CRL.A. 78/2012 DALIP SINGH Through: ..... Appellant Mr.V.K.Malik, Advocate with Mr. Rahul Raj Malik, Advocate Versus STATE OF (GOVT OF NCT OF DELHI) ..... Respondent Through: Ms.Rajdipa Behura, APP for the State + CRL.A. 239/2012 BIJENDER SINGH Through: ..... Appellant Mr.V.K.Malik, Advocate with Mr. Rahul Raj Malik, Advocate Versus STATE Through: + ..... Respondent Ms.Rajdipa Behura, APP for the State CRL.A. 240/2012 UMED SINGH Through: ..... Appellant Mr.V.K.Malik, Advocate with Mr. Rahul Raj Malik, Advocate Versus STATE Through: + ..... Respondent Ms.Rajdipa Behura, APP for the State CRL.A. 241/2012 RAJINDER SINGH Crl.A. 78/2012 Etc ..... Appellant Page 1 of 12 Through: Mr.V.K.Malik, Advocate with Mr. Rahul Raj Malik, Advocate versus STATE OF DELHI Through: + ..... Respondent Ms.Rajdipa Behura, APP for the State CRL.A. 242/2012 SAJJAN SINGH Through: ..... Appellant Mr.V.K.Malik, ...


Apr 10 2013

Krishan Kathuria Vs. State and anr

Court: Delhi

Decided on: Apr-10-2013

$-31 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :10. h APRIL, 2013 + CRL.M.C. 549/2012 & CRL.M.A.1922/2012 (Stay) KRISHAN KATHURIA Through : ..... Petitioner Mr.Jayant Kr.Sud with Mr.Vishal Dabas, Advocates. versus STATE & ANR Through : ..... Respondents Mr.M.N.Dudeja, APP for the State. Complainant present in person. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Petitioner- Krishan Kathuria has filed the present petition under Section 482 Cr.P.C. for quashing Complaint Case No.790/2010 filed by respondent No.2 in which he was summoned to appear for committing offences punishable under Sections 341/323/506/34 IPC.2. I have heard the learned counsel for the petitioner and the respondent No.2/ complainant in person. Counsel urged that the respondent No.2 filed the false complaint case against the petitioner to wriggle out of the compromise/ settlement agreed to before this Court in civil proceedings. Respondent No.2/ complainant made false allegations that on 2...


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