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Delhi Court July 2013 Judgments

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Jul 25 2013

Ashok Vs. State

Court: Delhi

Decided on: Jul-25-2013

$-20 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :25. h JULY, 2013 + CRL.A. 480/2012 ASHOK ..... Appellant Through : Mr.Sunil Tiwari, Advocate. versus STATE ..... Respondent Through : Mr.M.N.Dudeja, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) CRL.M.A. 272/2013 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of. CRL.A. 480/2012 & CRL.M.B. 68/2013 1. Ashok (the appellant) challenges a judgment dated 30.03.2012 of learned Additional Sessions Judge in Sessions Case No. 122/2011 arising out of FIR No. 158/2007 PS Civil Lines by which he was convicted under Section 395 IPC and sentenced to undergo RI for five years with fine ` 5,000/-.2. Allegations against the appellant were that on 26.06.2007 at about 03.15 A.M. at Outer Ring Road near CNG Pump, Chandgiram Akhara, Delhi he with his associates Vikram @ Ganja, Sameer @ Sonu, Raj Kumar and Amit committed dacoity of 28 bags of plastic raw material (plastic dana) loaded...


Jul 25 2013

Parmanand Lal Vs. Secretary, Deptt. of Telecommunications

Court: Delhi

Decided on: Jul-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Delivered on: July 25, 2013 R.P.No.333/2013 in WP(C) 4639 /2012 PARMANAND LAL Represented by: ....Petitioner Ms.Jyoti Singh, Sr.Advocate instructed by Ms.Saahila Lamba, Advocate with petitioner in person. versus SECRETARY, DEPTT. OF TELECOMMUNICATIONS ...Respondents Represented by: Mr.R.V.Sinha, Mr.R.N.Singh and Mr.Pradeep Kumar, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS.JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. Vide judgment dated January 11, 2013 we had allowed the writ petition filed by the petitioner in the following terms:36. In view of above discussion, we direct the respondents to treat the petitioner to have been inducted in the Indian Telegraph Service Group-A (now known as Indian Telecommunications Service Group-A) in the grade of Senior Time Scale on regular basis with effect from March 14, 1991 and determine the eligibility of the petitioner for further promotions on said basis. The pe...


Jul 25 2013

State (Govt of Nct of Delhi) Vs. Aruna Chadha and anr.

Court: Delhi

Decided on: Jul-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:16. h July, 2013 Pronounced on:25. h July, 2013 + CRL.M.C. 2458/2013 STATE (GOVT OF NCT OF DELHI) Through: ..... Petitioner Mr. Sidharth Luthra, Addl. Solicitor General with Mr. Rajesh Mahajan, ASC for the State, Mr. P.K. Dubey, Adv., Mr. Aditya Singla Adv., Mr. Shiv Pande, Adv., Mr. Rajat Agnihotri, Advocate Mr. Nitin Saluja, Adv., Ms. Nidhi Makhija, Advocate Insp. Dinesh Kumar, IO Mr. Kunwarjeet Singh, Advocate for the Complainant. versus ARUNA CHADHA & ANR. Through: ..... Respondents Mr. U.U. Lalit, Senior Advocate with Ms. Meghna Sankhla, Adv. for R-1. Mr. Kapil Sankhla, Adv. with Mr. Rajiv Sirohi, Adv., Mr. Irshaan Kakar, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. By virtue of this Petition under Section 482 of the Code of Criminal Procedure(the Crl.M.C. 2458/2013 Code), the State seeks expunction Page 1 of 6 of the observation/remarks made by the learned Additional Sessions Judge(ASJ) in hi...


Jul 25 2013

Sameer @ Sonu and anr. Vs. State

Court: Delhi

Decided on: Jul-25-2013

$-21 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :25. h JULY, 2013 + CRL.A. 1297/2012 & CRL.M.A. 9585/2013 SAMEER @ SONU & ANR. Through : ..... Appellants Mr. Deepak Vohra, Advocate. Appellants are present in JC. versus STATE ..... Respondent Through : Mr.M.N.Dudeja, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Sameer @ Sonu (A-1) and Raj Kumar (A-2) challenge a judgment dated 30.03.2012 of learned Additional Sessions Judge in Sessions Case No. 122/2011 arising out of FIR No. 158/2007 PS Civil Lines by which they were convicted under Section 395 IPC and sentenced to undergo RI for five years with fine ` 5,000/- each.2. Allegations against the appellants were that on 26.06.2007 at about 03.15 A.M. at Outer Ring Road near CNG Pump, Chandgiram Akhara, Delhi they with their associates Vikram @ Ganja, Ashok and Amit committed dacoity of 28 bags of plastic raw material (plastic dana) loaded in Tempo No. DL-1LH-4864 driven by Jahangir Ali. Vikram @ Ganja was ar...


Jul 25 2013

Joint Investments Pvt. Ltd. and anr. Vs. Federal Mogulgoetze (India) L ...

Court: Delhi

Decided on: Jul-25-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) No. 1305 of 2012 Reserved on: July 15, 2013 Decision on: July 25, 2013 JOINT INVESTMENTS PVT. LTD. & ANR. ..... Plaintiffs Through: Mr. Ashim Vachar and Mr. Achal Gupta, Advocates. versus FEDERAL MOGULGOETZE (INDIA) LTD. & ORS..... Defendants Through: Mr. Parag P. Tripathi, Senior Advocate with Mr. Yashwant Mathur and Mr. Vishal Dass, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 25 07.2013 IA No. 19957 o1. The background facts leading to the present application by the Defendant under Section 45 of the Arbitration and Conciliation Act 1996 (Act) are set out in an order dated 11th May 2012 passed by this Court while directing summons to issue in the suit and notice in the application, IA No. 8697 of 2012 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC). The said order reads as under: I.A. No.8697/2012 (u/o XXXIX, R.1 and 2 CPC) Issue notice to the defendants for the date fixed. Mr. Neeraj Kishan Kaul, learned Se...


Jul 25 2013

Gandhi Tyagi Vs. Urmila (Since Dead) Rep by Lrs : Sharda Tyagi and or

Court: Delhi

Decided on: Jul-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Order delivered on: July 25, 2013 CM(M) No.729/2013 & CM No.11116/2013 GANDHI TYAGI Through ..Petitioner Mr.M.L. Bajaj, Adv. versus URMILA (SINCE DEAD) REP BY LRS: SHARDA TYAGI & ORS. ..Respondents Through None. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. The brief facts are that the suit premises was let out to the petitioner by one Sh. Hari Ram Tyagi who expired on 1st September, 1988 leaving behind wife and six daughters. He had no son. His nephew Virender Kumar Tyagi filed an eviction petition on the ground of non-payment of rent by the petitioner who had failed to pay or tender the rent with effect from 2 nd August, 1993 despite of notice dated 28th April, 1994.2. The petitioner before the trial court contested the case by taking two pleas. One was that he was adopted son of Sh.Hari Ram Tyagi and second was that Sh.Hari Ram Tyagi executed a Will dated 26 th August, 1988 in his favour. As far as second point is...


Jul 25 2013

Salim Vs. State

Court: Delhi

Decided on: Jul-25-2013

$-23 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :25. h JULY, 2013 + CRL.A. 481/2012 & CRL.M.B. 1035/2013 SALIM ..... Appellant Through : Mr.Sunil Tiwari, Advocate. versus STATE ..... Respondent Through : Mr.M.N.Dudeja, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Salim (the appellant) challenges a judgment dated 30.03.2012 of learned Additional Sessions Judge in Sessions Case No. 122/2011 arising out of FIR No. 158/2007 PS Civil Lines by which he was convicted under Section 412 IPC and sentenced to undergo RI for four years with fine ` 5,000/-.2. Allegations against the appellant were that he received or retained 28 bags of plastic raw material (plastic dana) from the dacoits Vikram @ Ganja, Sameer @ Sonu, Raj Kumar and Ashok Kumar knowing or having reasons to believe that it was a robbed property on 01.07.2007 at House No. E-3/27, Andhsar Colony, Laxmi Nagar, Delhi. During the course of investigation, statements of the witnesses conversant with the fac...


Jul 25 2013

Oriental Insurance Co. Ltd. Vs. Shashi Bala and ors.

Court: Delhi

Decided on: Jul-25-2013

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. h July, 2013 % + MAC.APP. No. 622/2012 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Pradeep Gaur, Advocate. Versus SHASHI BALA & ORS. ..... Respondents Through: Mr. Vishal Soni and Mr. Gurmeet Singh, Advocates for Respondent Nos. 1 to 6. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) MAC.APP. No. 622/2012 1. The present appeal has been preferred against the impugned award dated 27.03.2012, whereby the learned Tribunal while awarding compensation has granted 50% towards future prospects.2. Learned counsel appearing on behalf of the appellant/Insurance Company submits that at the time of the accident, the age of the deceased was 42 years, therefore, in view of the dictums of Reshma Kumari & Ors. Vs. Madan Mohan & Anr. delivered in Civil Appeal No. 4646 of 2009 on 02.04.2013 and Rajesh & Ors. Vs. Rajbir Singh, 2013 (6) SCALE 563 maximum 30% should have been given towards future prospects.3. ...


Jul 25 2013

National Investors Forum Vs. Golden Forests India Ltd.

Court: Delhi

Decided on: Jul-25-2013

$~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. 07.2013 + W.P.(C) 1399/2010 NATIONAL INVESTOR FORUM REGD...... Petitioner versus GOLDEN FORESTS INDIA LTD. ..... Respondent + W.P.(C) 1400/2010 NATIONAL INVESTORS FORUM ..... Petitioner versus GOLDEN FORESTS INDIA LTD. ..... Respondent Through: Sh. Ashok Kumar Singh, Sh. Naresh Kumar Gaur, Sh. Shantwanu Singh and Sh. H.C. Sharma, Advocates. Sh. Harpavan Kumar Arora, Sh. Prashant Chauhan and Sh. Saurabh. S. Sinha, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % C.M. APPL. 4306/2010, 5546/2010 & 5547/2010 1. The present applicant, M/s. BCC Builders Private Limited seeks directions for setting-aside the order of the Committee dated 20.01.2010, appointed by the Supreme Court in respect of M/s. Golden Forests India Limited (GFIL). The Committee had rejected the appeal of M/s. BCC Builders Private Limited, and the applicant in the other pro...


Jul 25 2013

Aruna Chadha Vs. State of Delhi

Court: Delhi

Decided on: Jul-25-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:16. h July, 2013 Pronounced on:25. h July, 2013 + CRL.REV.P. 305/2013 ARUNA CHADHA Through: ..... Petitioner Mr. U.U. Lalit, Senior Advocate with Ms. Meghna Sankhla, Adv. for A-1. Mr. Kapil Sankhla, Adv. with Mr. Rajiv Sirohi, Adv. versus STATE OF DELHI Through: ..... Respondent Mr. Sidharth Luthra, Addl. Solicitor General with Mr. Mukul Gupta, Senior Advocate & Mr. Rajesh Mahajan, ASC for the State, Mr. P.K. Dubey, Adv., Mr. Aditya Singla Adv., Mr. Shiv Pande, Adv., Mr. Rajat Agnihotri, Advocate Mr. Nitin Saluja, Adv., Ms. Nidhi Makhija, Advocate Insp. Dinesh Kumar, IO Mr. Kunwarjeet Singh, Advocate for the Complainant. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. This petition under Sections 397/399/401 read with Section 482 of the Code of Criminal Procedure (the Code) has been filed by the Petitioner for setting aside of the order dated 10.05.2013 passed by the learned Additional Sessions Judge (ASJ) whereby ...


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