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Delhi Court April 2013 Judgments

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Apr 09 2013

Ram Chander Vs. State (Govt. of Nct, Delhi)

Court: Delhi

Decided on: Apr-09-2013

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3833/2011 RAM CHANDER Through: ..... Petitioner Mr. Gobind Narayan, Advocate versus STATE (Govt. of NCT, Delhi) ..... Respondent Through: Mr. Naveen Sharma, APP for State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR % 1. ORDER 09 04.2013 By this petition filed under Section 482 Cr.P.C., the petitioner seeks quashing of the FIR No. 78/2011 registered under Section 420 IPC at P.S. IGI Airport, New Delhi.2. Addressing arguments on the present petition, counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the only allegation levelled against the petitioner is that his passport was found re-stitched by an ordinary thread by the immigration staff of Delhi Police. Counsel also submits that it is not the case of the police that the passport of the petitioner was not genuine or any pages of the passport were found missing or there was any kind of malice on the part of the petitioner in ...


Apr 09 2013

Neelam Arya Vs. DIn Mohd.(Deceased) and ors.

Court: Delhi

Decided on: Apr-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :02. 04.2013 Judgment pronounced on :09. 04.2013 LPA 114/2013 NEELAM ARYA ..... Appellant Through : Mr. V.P. Singh, Sr. Adv. with Mr. N.S. Vasisht, Mr. Vishal Singh , Advs. versus DIN MOHD. (DECEASED) & ORS. Through : .... Respondents Mr. Dhanesh Relan, Adv. for R-1 to 4 And + LPA 181/2013 NEELAM ARYA ..... Appellant Through : Mr. V.P. Singh, Sr. Adv. with Mr. N.S. Vasisht, Mr. Vishal Singh , Advs. versus THE DIVISIONAL COMMISSIONER GOVT. OF NCT OF DELHI & ORS. .... Respondents Through : Mr. Dhanesh Relan, Adv. for R-1 to 4 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. Late Shri Din Mohd., legal heir of late Shri Safed Khan, filed W.P(C) No.2365/1982 questioning the proceedings initiated against him by the Deputy Custodian General of Evacuee Properties and the order dated 29.6.1982 passed by him in respect of land measuring 8 bighas and 40 biswas situated in Village Chandan Hola of Delhi...


Apr 09 2013

Mohd. Issa @ Raj Vs. State

Court: Delhi

Decided on: Apr-09-2013

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 926/2010 Decided on:9. h April, 2013 MOHD. ISSA @ RAJ Through ..... Appellant Mr. Ajay Verma, Mr. Shiv Kumar Dwivedi, Mr. Y. Bhattacharya, Advs. versus STATE ..... Respondent Through Mr. Manoj Ohri, APP with SI Satish Rana, PS Spl. Cell, Lodhi Colony CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J (ORAL) 1. The present appeal is directed against judgment dated 22nd October, 2009 convicting the Appellant for offences under Section 5 of the Explosive Substance Act, 1908 (in short the ES Act) read with Section 18 and 23 of the Unlawful Activities Prevention Act, 1957 (in short the UAP Act) besides Section 120B IPC. The Appellant has also challenged the order on sentence dated 26th October, 2009 whereby the following sentences have been awarded to the Appellant. (i) Rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 10,000/- and in default to undergo rigorous imprisonment for a further period of 1 year under S...


Apr 09 2013

Hamdard Employees and General Workers Union (Regd. Vs. Janab Chief Mut ...

Court: Delhi

Decided on: Apr-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.2246/2013 % April 09, 2013 HAMDARD EMPLOYEES AND GENERAL WORKERS UNION (REGD.) ..... Petitioner Through: Mr. Pardeep Gupta, Advocate. versus JANAB CHIEF MUTAWALLI SAHIB AND ORS. ..... Respondents Through: Ms. Shawani Bari, Advocate for respondent Nos.3 and 4. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) C.M. No.4275/2013 (exemption) Exemption allowed subject to just exceptions. C.M. stands disposed of. + W.P.(C) No.2246/2013 and C.M. No.4274/2013 (stay) 1. This writ petition filed by the petitioners-association seeks the (i) To quash the orders dated 22.9.2011, 24.9.2011, 28.9.2011, 30.9.2011 and 1.10.2011 respectively passed by the Respondent No.1 vide which the Affidavits filed by the petitioners in compliance of the orders dated 10.2.2011 passed by Honble Delhi High Court in L.P.A. No.2234/2005 has been rejected; (ii) Respondents be directed to accept the Affidavits fi...


Apr 09 2013

Neelam Arya Vs. the Divisional Commissioner Govt. of Nct of Delhi

Court: Delhi

Decided on: Apr-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :02. 04.2013 Judgment pronounced on :09. 04.2013 LPA 114/2013 NEELAM ARYA ..... Appellant Through : Mr. V.P. Singh, Sr. Adv. with Mr. N.S. Vasisht, Mr. Vishal Singh , Advs. versus DIN MOHD. (DECEASED) & ORS. Through : .... Respondents Mr. Dhanesh Relan, Adv. for R-1 to 4 And + LPA 181/2013 NEELAM ARYA ..... Appellant Through : Mr. V.P. Singh, Sr. Adv. with Mr. N.S. Vasisht, Mr. Vishal Singh , Advs. versus THE DIVISIONAL COMMISSIONER GOVT. OF NCT OF DELHI & ORS. .... Respondents Through : Mr. Dhanesh Relan, Adv. for R-1 to 4 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. Late Shri Din Mohd., legal heir of late Shri Safed Khan, filed W.P(C) No.2365/1982 questioning the proceedings initiated against him by the Deputy Custodian General of Evacuee Properties and the order dated 29.6.1982 passed by him in respect of land measuring 8 bighas and 40 biswas situated in Village Chandan Hola of Delhi...


Apr 09 2013

irfan Badshah Vs. State

Court: Delhi

Decided on: Apr-09-2013

6# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 448/2013 Decided on:9. h April, 2013 % IRFAN BADSHAH Through: versus ..... Petitioner Mr. Abhishek Singh, Advocate. STATE ..... Respondent Mr. Dayan Krishnan, Additional Standing Counsel for the State with SI Mahinder Singh, PS Amar Colony. Through: Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J (ORAL) 1. At the outset learned counsel for the Petitioner prays that the present petition be treated as a petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India. The present petition is treated as petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India.2. Registry to re-number the petition.3. The grievance of the petitioner in the present petition is limited to the disallowance of two important questions as irrelevant during the crossexamination of PW22 ACP Mahavir Singh, Investigating Officer of case FIR No. 161/2008 registered at PS Amar Colony under Section 302/323...


Apr 09 2013

Shalu Mahendroo Vs. Delhi Public School and ors

Court: Delhi

Decided on: Apr-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3368/2012 9th April, 2013 % SHALU MAHENDROO Through : ..... Petitioner Ms. Shaweta Chaudhary, Adv. versus DELHI PUBLIC SCHOOL AND ORS ..... Respondents Through : Mr. Puneet Mittal, Adv. for R1 to 4. Mr. Rajeev Sharma, Adv. for R5. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition has been filed by the petitioner who was appointed as UDC by respondent No. 1/School. The following prayers have been made in the writ petition:(a) (b) W.P.(C) 3368/2012 an appropriate writ of Mandamus or any other writ, order or direction, quashing the memo bearing No. DPSR/N-T/SM/37/2012-2013/17 dated 4th April, 2012 issued by respondent No. 3 to the petitioner; an appropriate writ, order or direction the respondent Nos 1 and 2 to regularize the leave of the petitioner for the period from 03.04.2012 to Page 1 (c) (d) (e) (f) 2. 17.05.2012 and issue confirmation to that effect. an...


Apr 09 2013

Ashok Kumar Vs. State

Court: Delhi

Decided on: Apr-09-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:09. 04.2013 CRIMINAL APPEAL NO.237/1999 & CLR.M.A. 7186/2012 CHOB SINGH Through: ..... Appellant Ms. Saahila Lamba, Advocate. Through: ..... Respondent Ms. Richa Kapoor, APP versus STATE AND CRIMINAL APPEAL NO.17/2000 & CLR.M.A. 7187/2012 ASHOK KUMAR Through: ..... Appellant Ms. Saahila Lamba, Advocate. Through: ..... Respondent Ms. Richa Kapoor, APP versus STATE CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SANJIV KHANNA, J.(ORAL) 1. Chob Singh and Ashok Kumar by the impugned judgment dated 21.07.1998 have been convicted under Sections 302, 392 read with Section 34 of the Indian Penal Code, 1860 (IPC). They have been sentenced to life imprisonment and fine of Rs.2,000/- each for the offence under Section 302 read with Section 34 IPC for having committed the murder of Prem Singh in the night intervening between 25/26.07.1997. In default of payment of fine, they have to undergo rigorou...


Apr 09 2013

Nanak Chand JaIn and anr. Vs. Harish Chander Sabharwal

Court: Delhi

Decided on: Apr-09-2013

$~R-78 *IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 636/2004 Decided on 9th April, 2013 NANAK CHAND JAIN & ANR. Through: ..... Appellants Mr. H.K. Monga, Adv. Versus HARISH CHANDER SABHARWAL Through: ..... Respondent None. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.(ORAL) 1. This appeal is directed against the judgment and decree dated 18th September, 2004 passed by Additional District Judge whereby money decree in the sum of `3.50 lacs together with pendente lite and future interest @ 9% per annum with effect from January, 2000 and costs of the suit has been passed in favour of respondent and against the appellants.2. Respondent (plaintiff) had filed a suit for recovery of `5,10,000/- together with pendente lite and future interest @ `24% per annum along with costs of the proceedings against the appellants (defendants). Appellant no.1 is father of appellant no.2. Respondent alleged in the plaint that appellant no. 2 was his friend. On 2nd July, 2001 both the appellants ap...


Apr 09 2013

indraprastha People and anr. Vs. Union of India and ors.

Court: Delhi

Decided on: Apr-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : March 18, 2013 Judgment Pronounced on : April 09 , 2013 + WP(C)No.1200/2011 INDRAPRASTHA PEOPLE & ANR. .....Petitioners Represented by: Mr.Rahul Mehra, Advocate versus UNION OF INDIA & ORS. Represented by: ..... Respondent Mr.Rohit K.Aggarwal, Advocate for R-1 & R-2. Mr.Ashok Desai, Sr.Advocate instructed by Mr.Kunal Tandon, Ms.Nidhi Jain and Mr.Jaspreet Singh Kapur, Advocates for R-3 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. We are concerned in the instant writ petition with a social debate; and we need to caution that sometimes an ongoing social debate becomes a major ethical issue with no clear perspective in sight.2. The ageing Indian conservatism blames the intrusion of the Western culture into the Indian ethos for all the problems we find in the societal behaviour. On the other hand, the assertive, new liberal sensibility haughtily blames a monolithic id...


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