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Delhi Court July 2013 Judgments

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Jul 08 2013

Mahanagar Telephone Nigam Ltd and ors Vs. Rakesh Kulshreshtha and anr

Court: Delhi

Decided on: Jul-08-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: July 08,, 2013 + W.P.(C) 1745/2012 MAHANAGAR TELEPHONE NIGAM LTD AND ORS ..... Petitioners Represented by:Mr.R.V.Sinha,Mr.R.S.Singh and Mr.A.S.Singh, Advocates versus RAKESH KULSHRESHTHA AND ANR ..... Respondents Represented by:Mr.Saurabh Kulshreshtha for Mr.Rakesh Kulshreshtha, R-1 Ms.Saroj Bidawat with Mr.A.S.Trisem Shimray, Advocates for R-2 + W.P.(C) 1746/2012 MAHANAGAR TELEPHONE NIGAM LTD AND ORS ..... Petitioners Represented by:Mr.R.V.Sinha,Mr.R.S.Singh and Mr.A.S.Singh, Advocates versus RAKESH KULSHRESHTHA AND ANR ..... Respondents Represented by:Mr.Saurabh Kulshreshtha for Mr.Rakesh Kulshreshtha, R-1 Ms.Saroj Bidawat with Mr.A.S.Trisem Shimray, Advocates for R-2 + W.P.(C) 1747/2012 MAHANAGAR TELEPHONE NIGAM LTD AND ORS ..... Petitioners Represented by:Mr.R.V.Sinha,Mr.R.S.Singh and Mr.A.S.Singh, Advocates versus RAKESH KULSHRESHTHA AND ANR ..... Respondents Represented by:Mr.Saurabh Kulshreshtha for Mr.Rakesh Kulshresht...


Jul 08 2013

Mahanagar Telephone Nigam Ltd Vs. Ad Kukreja and anr

Court: Delhi

Decided on: Jul-08-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:8. h July, 2013 RFA 213/2012 MAHANAGAR TELEPHONE NIGAM LTD ..... Appellant Through: Mr. Ravi Sikri with Ms. Neha Bhatnagar, Advs. versus AD KUKREJA & ANR Through: ..... Respondents Mr. Sanjeev Bajaj, Adv. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.Admit.2. The Trial Court record has been received.3. With the consent of the counsels, the appeal is taken up for hearing and counsels have been heard.4. The appellant has preferred this appeal against the judgment and decree dated 7th February, 2012 of the Court of SCJ-cum-RC (Central), Delhi in Suit No.839/06/05 filed by the respondents and directing the appellant by a decree for mandatory injunction to remove the cables and two pillar boxes in front/adjoining the shop of the respondents situated in property not D-26, Kamla Nagar, Delh007. further direction has been issued to the appellant to install the pillars boxes at some other place and a decree for...


Jul 08 2013

Jugbir Singh Vs. Union of India and ors

Court: Delhi

Decided on: Jul-08-2013

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7912/2011 ..... Petitioner JUGBIR SINGH Through: Mr. Vinod Kumar, Adv. versus UNION OF INDIA & ORS Through: ..... Respondents Mr. Sachin Datta, CGSC with Mr. Dinesh Sharma, Adv. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA ORDER % 08.07.2013 1. The present writ petition seeks an order or direction to respondent to pay arrears of pay and allowances/pension to petitioner. We have heard learned counsel for the parties on the merits of the controversy.2. The undisputed facts giving rise to the petition are noticed hereafter. The present petitioner was enrolled as a Sepoy in 1981 with the Army in the Regiment of Artillery. Unfortunately he was tried by Summary Court Martial and vide order dated 15.11.1993 found guilty and sentenced to three months imprisonment as well as dismissal of service. On that day he held the rank of Havildar and his total service with the Army was of about 12 years only.3. The petitio...


Jul 08 2013

Balbir Singh Vs. Union of India and ors

Court: Delhi

Decided on: Jul-08-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2255/2013 Date of decision :8. h July, 2013 % ..... Petitioner BALBIR SINGH Through: Mr. Durga Prasad, Adv. versus UNION OF INDIA AND ORS ..... Respondents Through: Ms. Barkha Babbar, Adv. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J (Oral) CM No.4296/2013(exemption) Allowed, subject to all just exceptions. Application stands disposed of. WP(C) No.2255/2013 1. In terms of the last order Ms. Barkha Babbar, has handed over a copy of the original record of the present case which has been produced before us. We have heard learned counsel for the parties.2. The instant writ petition has been filed by the petitioner assailing an order dated 9th February, 2010 passed by the Commandant -37 Battalion, CRPF, A.D.Nagar, Agartala, Tripura-the respondent No.2 whereby the petitioner has been compulsorily retired from service.3. It is undisputed that the petitioner was appointed as a driver with effect from 8...


Jul 08 2013

Mohd. Imran @ Chunnu Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Jul-08-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:8. h July, 2013 + CRL.A. 742/2012 MOHD. IMRAN @ CHUNNU ..... Appellant Through : Mr.Vivek Sood Advocate with Mr.Vishwanath Pratap Singh, Advocate versus STATE (NCT OF DELHI) Through : ........Respondent Ms. Richa Kapoor, Additional Public Prosecutor for the State. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT G. S. SISTANI J.(ORAL) 1. The present Appeal is directed against the judgment and order on sentence dated 30th October, 2009 by which the Appellant has been sentenced to imprisonment for life along with fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for a period of six months for the offence punishable under Sections 302/34 IPC and also to undergo three years RI along with fine of Rs.2,000/- and in default thereof three months RI for the offence punishable under Section 201 Indian Penal Code. Both the sentences were to run concurrently.2. The ...


Jul 08 2013

Gp. Capt. Joe Emmauel Stephen Vs. Commandant (Personal) Directorate Ge ...

Court: Delhi

Decided on: Jul-08-2013

s$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.2862/2012 & CM No.9283/2012 Date of decision:8. h July, 2013 % GP. CAPT. JOE EMMAUEL STEPHEN ..... Petitioner Through Mr.S.C. Malhotra, Adv. with Mr.Arijit, Adv. versus COMMANDANT (PERSONAL) DIRECTORATE GENERAL OF BSF AND ORS ..... Respondents Through Mr.Ravinder Agarwal, CGSC AND + W.P.(C) No.4268/2012 WG. CDR. S.K.SAINI Through ..... Petitioner Mr.S.C. Malhotra, Adv. with Mr. Arijit, Adv. versus COMMANDANT (PERSONAL) DIRECTORATE OF GENENAL OF BSF AND ORS ..... Respondents Through Mr.B.V. Niren, CGSC for R-1. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J (ORAL) 1. The petitioners in these two writ petitions were commissioned as pilots in the Indian Air Force. After his promotion to the rank of Group Captain, Joe Emmanuel Stephen-the petitioner in WP (C) No.2862/2012 was sent on deputation to the Border Security Force (BSF), Air Wing as Captain/Pilot which position he assumed on 11th Jan...


Jul 08 2013

State Vs. Naushad

Court: Delhi

Decided on: Jul-08-2013

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 55/2013 Date of Decision:08. 07.2013 STATE Through: ..... Petitioner Mr. Dayan Krishnan, ASC for the State with SI Rizwan Khan, PS Welcom versus NAUSHAD ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR KAILASH GAMBHIR, J.1. By this petition filed under Section 378(1) Cr.P.C., the petitioner seeks Criminal Leave to Appeal to challenge the order of the acquittal dated 16.04.2012 passed by the learned Additional Sessions Judge-01, North East, Karkardooma Courts, New Delhi thereby acquitting the respondent/accused person of the charges framed against him under Sections 302 IPC read with Sections 25/27/54/59 of the Arms Act.2. Addressing arguments in support of criminal leave to appeal, Mr.Dayan Krishnan, Additional Standing Counsel for State, submits that the chain of circumstantial evidence is complete in the present case, which clearly traces the guilt of the accused but ...


Jul 05 2013

imamuddIn Vs. Union of India

Court: Delhi

Decided on: Jul-05-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :02. 07.2013 Judgment pronounced on :05. 07.2013 W.P.(C) 4069/2013 & CM Nos. 9597-98/2013 IMAMUDDIN Through: ..... Petitioner Mr. S.S. Dahiya, Advocate versus UNION OF INDIA Through: ..... Respondent Counsel for the respondent (presence not given) CORAM: HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.The petitioner before this Court was appointed as Notary Public and was authorized to practice throughout Tehsil Sikandarabad in District Bulandsahar, Uttar Pradesh with effect from 2.8.2007 for a period of five years. On expiry of the aforesaid term of five years, the petitioner vide application dated 25.4.2012 applied for renewal of his certificate and deposited the renewal fees of Rs.500/- along with an affidavit. The certificate of the petitioner, however, has not been renewed till date.2. On receipt of certain complaints with respect to criminal cases pending against the petititoner, Deputy Legal Advisor and CA, Ministry o...


Jul 05 2013

Rekha Dua Vs. Yoginder Chauhan and anr.

Court: Delhi

Decided on: Jul-05-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h July, 2013 % + RFA 131/2013 REKHA DUA Through: ..... Appellant Ms. Savita Aggarwal, Adv. versus YOGINDER CHAUHAN & ANR. ..... Respondents Through: Mr. Kamal Mehta, Adv. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J CM No.4177/2013 (of the appellant for condonation of two days delay in preferring the appeal).1. The counsel for both the respondents has fairly stated that he has no objection.2. For the reasons stated in the application, the delay in preferring the appeal is condoned and the application is disposed of. RFA 131/2013 3. Issue notice. Notice is accepted by the counsel for the respondents.4. Admit.5. Though the Trial Court record has not been requisitioned as yet and is not available but on the statement of both the counsels that since the appeal is against the judgment and decree of dismissal without recording any evidence of the suit filed by the appellant as barred by time and rejecting the ...


Jul 05 2013

Ravinder Paswan Vs. State

Court: Delhi

Decided on: Jul-05-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:05. h July, 2013 + CRL.A.319/2004 RAVINDER PASWAN Through: ..... Appellant Mr. Ujas Kumar, Advocate along with the appellant (in custody) versus STATE Through: ..... Respondent Ms. Fizani Hussain, APP SI Raghuvir, PS Dabri CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Challenge in this appeal is to the impugned judgment dated 3rd March, 2004 and order on sentence dated 17th March, 2004, passed by learned Addl. Sessions Judge in Session Case No.07/2002 arising out of FIR No. 576/2001, Police Station Dabri, under Section 392/411/34 IPC and 27/54/59 Arms Act whereby the appellant was convicted for offence under Section 392 IPC and was sentenced to undergo Crl. A.319.2004 Page 1 of 15 rigorous imprisonment for five years and to pay a fine of Rs.3,000/in default of payment of fine to further undergo simple imprisonment for one year.2. Prosecution case emanates from the fact that on 9th July, 2001 SI Prahlad...


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