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Delhi Court August 2013 Judgments

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Aug 29 2013

Shankar Lal Vs. Jai Pal and anr.

Court: Delhi

Decided on: Aug-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA 119/2013 Decided on :29. h August, 2013 ..... Appellant SHANKAR LAL Through: Mr.P.Chakraborty, Advocate. versus JAI PAL & ANR. Through: ..... Respondents Mr.Jagat Rana, Advocate for R-2/Delhi Urban Shelter Improvement Board. CORAM: HON'BLE MR. JUSTICE V.K. SHALI V.K. SHALI(ORAL) % 1. This is a regular second appeal filed by the appellant against the judgment dated 09.05.2013 passed by the learned ADJ dismissing the appeal and upholding the judgment and the decree dated 13.07.2005 passed by the trial court in a suit filed by one Sh. Jai Pal.2. The learned counsel for the appellant has stated that he has raised substantial questions of law in the appeal, which need consideration by this court.3. I have heard the learned counsel for the parties.4. Before dealing with the submissions made by the learned counsel for the appellant, it will be worthwhile to give a brief background of the case. R-1/Jai Pal originally filed a Suit No.429/2008 (ren...


Aug 29 2013

Jagjit Singh and anr Vs. State

Court: Delhi

Decided on: Aug-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: August 29, 2013 CRL.A. 650/1999 JAGJIT SINGH & ANR ..... Appellants Through: Mr.Anand Maheshwari with Mr.Navin Gupta, Adv. with appellants in person. versus STATE ..... Respondent Through: Mr.Yogesh Verma, APP CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.(Oral) 1. By way of present appeal, a challenge has been made to the judgment dated 27.10.1999 and order of sentence dated 11.11.1999, both passed by the learned Additional Sessions Judge in case SC No.44/98 arising out of FIR no.237/97, P.S. Tilak Nagar under section 307/34 IPC whereby the learned Additional Sessions Judge has held the appellants, i.e. accused persons namely, Jagjeet Singh @ Happy and Surjeet Singh guilty for the offence punishable under section 307/34 IPC and sentenced them to undergo RI for one year and to pay a fine of Rs.1000/- each and in default of payment to undergo RI for 3 months. Benefit u/s 482 Cr.P.C has been given to the appellants...


Aug 29 2013

Naseema Begum Vs. Mohd Javed and ors.

Court: Delhi

Decided on: Aug-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: August 29, 2013 + C.R.P. No.166/2011 NASEEMA BEGUM Through ..... Petitioner Mr.Brahm S. Nagar, Adv. versus MOHD JAVED & ORS. Through ..... Respondents None CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. The present petition under Section 115 CPC has been filed by the petitioner against the Judgment and Order dated 23rd August, 2011/7th October, 2011 passed by ASCJ-JSCC-GJ (Central), Tis Hazari Courts, Delhi whereby the learned Trial Court dismissed the suit filed by the petitioner for possession under Section 6 of the Specific Relief Act and for permanent injunction in respect of the property bearing No.7505 (part of property/house bearing Municipal No.7503 to 7506), Qassabpura, Sadar Bazar, Delhi-06 (hereinafter referred to as the suit property).2. It is stated by the petitioner that the suit property belongs to her and she has had constructive possession thereof through respondent No.7, her tenant ...


Aug 29 2013

State Vs. Vikas @ Bhola and anr.

Court: Delhi

Decided on: Aug-29-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment dated 29th August, 2013 % + Crl. L.P. 282/2012 State Through : ...Petitioner Mr.Saleem Ahmed, ASC for the State. Versus Vikas @ Bhola & Anr. Through : ..Respondents Mr.Mohd. Nasir and Mr.Mohd.Saleem Tabrej, Advs. CORAM: HONBLE MR.JUSTICE G.S. SISTANI HONBLE MR.JUSTICE G.P. MITTAL G.S. SISTANI, J (ORAL) 1. Present petition for leave to appeal has been filed by the State under Section 378 (1) of the Code of Criminal Procedure, 1973 against the judgment passed by the learned Additional Sessions Judge on 22.12.2011 in case FIR No.458/04, under Section 302/34 of the Indian Penal Code (IPC), whereby the respondents have been acquitted of the charge.2. The relevant facts, as noticed by the trial court are that the deceased (Hari Prakash Tyagi) was running a shop by the name of Tyagi Spare Parts at WZ-154, Ground Floor, Main Najafgarh Road, Uttam Nagar. He was last seen at the shop on 04.06.2004 at 3.00 pm by complainant Harkesh Sharma PW-3, who...


Aug 29 2013

instrumed (India) International Vs. All India Institue of Medical Scie ...

Court: Delhi

Decided on: Aug-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :29. 8.2013 + WP(C) 5950/2012 INSTRUMED (INDIA) INTERNATIONAL Through : ..... Appellant Ms. Aastha Dhawan, Advocate versus ALL INDIA INSTITUE OF MEDICAL SCIENCES & ANR. ..... Respondents Through : Mr. Mukesh Rana, Advocate for R-2 Mr. Rishab Kaushik, Advocate for R-1 CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) W.P.(C) 5950/2012 & CM101742013(vacation of stay on b/o. R-2) 1. The petitioner questions the award of contract to the second respondent pursuant to the Notice Inviting Tender (hereinafter referred to as the NIT) for supply of assembly of sinks with scrub in Animal House & U.G. Laboratory in the Physiology Department of All India Institute of Medical Sciences (AIIMS).2. Briefly, the facts of the case are that the NIT (hereafter referred to as the NIT) published sometime in August, 2012 required the bidders to submit their offers/letters by 22nd A...


Aug 27 2013

Neelam Bhutani Vs. Shumita Didi Sandhu

Court: Delhi

Decided on: Aug-27-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) No. 587 of 2008 Reserved on: August 12, 2013 Decision on: August 27, 2013 NEELAM BHUTANI Through: ....Plaintiff Mr. Sanjeev Mahajan, Advocate versus SHUMITA DIDI SANDHU Through: ..... Defendant Mr. K.R. Chawla, Advocate CORAM: JUSTICE S. MURALIDHAR JUDGMENT 27 08.2013 IA No. 997 o1. This application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) filed by the Plaintiff for decreeing the suit in terms of the admissions made by the Defendant in CS(OS) No. 41 of 2005 filed by the Defendant.2. The background to the present application is that CS No. (OS) 41 of 2005 was filed by the Defendant No.1 against her husband, Mr. Sanjay Singh Sandhu and his parents, Mr. Hardev Singh Sandhu and Mrs. Shiela Sandhu (Defendant No.2 herein) for a permanent injunction restraining them from subjecting her to harassment and intimatdtion and from forcibly dispossessing her from the matrimonial home without the due process of law.3. In CS No. (...


Aug 27 2013

Suresh Kumar Yadav Vs. Uoi and ors.

Court: Delhi

Decided on: Aug-27-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: August 07, 2013 Judgment Delivered on: August 27, 2013 W.P.(C) 4394/2008 SUDHIR KUMAR ATREY Represented by: ..... Petitioner Mr.M.K.Bhardwaj, Advocate versus UOI & ORS. Represented by: ..... Respondents Mr.Vinay Kr.Garg, Advocate with Ms.Namrta Singh, Mr.Amit Srivastava, Advocates for R-3 & 4 W.P.(C) 5915/2008 SURESH KUMAR YADAV Represented by: ..... Petitioner Mr.Amarjeet Singh, Advocate versus U.O.I & ORS Represented by: ..... Respondents Mr.Vinay Kr.Garg, Advocate with Ms.Namrta Singh, Mr.Amit Srivastava, Advocates for R-3 & 4 W.P.(C) 6237/2012 SURESH CHAND SHARMA AND ORS ..... Petitioners Represented by: Mr.A.K.Behera, Advocate. versus UNI0N OF INDIA AND ORS ..... Respondents Represented by: Mr.Ravinder Agarwal, Advocate for R-1 to 4 WP(C) 894/2013 GOVIND GOPAL & ANR. Represented by: ..... Petitioners Mr.Vinay Kr.Garg, Advocate with Ms.Namrta Singh, Mr.Amit Srivastava, Advocates versus U.O.I & ORS Represented by: ....


Aug 27 2013

Gopal Vasudeva Vs. the New Bank of India

Court: Delhi

Decided on: Aug-27-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % W.P. (C) 1980/1993 Date of Decision:27. h August, 2013 + # ! GOPAL VASUDEVA ....Petitioner Through: Mr. K.T. Anantharaman, Advocate Versus $ * THE NEW BANK OF INDIA .Respondent Through: Mr. Vaibhav Kalra, Advocate CORAM: HON'BLE MR. JUSTICE P.K.BHASIN JUDGMENT P.K.BHASIN, J: By way of this writ petition the petitioner-workman has challenged the award dated 20th, July, 1992 passed by the Central Government Industrial Tribunal(CGIT for short) whereby the action of the respondent bank in dismissing him from service for some grave serious acts of misconduct was held to be legal and justified.2. Background in the light of which this petition came to be filed by the petitioner-workman is that he joined the services of the respondent bank in the year 1971 as a clerk at the Agra Branch wherefrom he was transferred to the Kanpur Branch and worked there from 1st May, 1971 till 17th June, 1972 after which he was transferred to Ghaziabad branch. The mana...


Aug 27 2013

North Delhi Municipal Corporation and ors. Vs. Harpal Singh and 460 an ...

Court: Delhi

Decided on: Aug-27-2013

$~14, 16 & 39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 573/2013 NORTH DELHI MUNICIPAL CORPORATION & ORS. ..... Appellants Represented by: Ms.Biji Rajesh, Adv. and Mr.Gaurang Kanth, Adv. versus HARPAL SINGH & 460 & ORS. Represented by: + ..... Respondents Mr.Varun Prasad, Adv. LPA 516/2013 NORTH DELHI MUNICIPAL CORPORATION & ORS .....Appellants Represented by: Ms.Biji Rajesh, Adv. and Mr.Gaurang Kanth, Adv. versus THE WORKMEN (OMPAL & 1240 & ORS. .....Respondents Represented by: Mr.Varun Prasad, Adv. + LPA 514/2013 NORTH DELHI MUNICIPAL CORPORATION & ORS. ..... Appellants Represented by: Ms.Biji Rajesh, Adv. and Mr.Gaurang Kanth, Adv. versus THE WORKMEN RISHIPAL SINGH & ORS. ....Respondents Represented by: Mr.Varun Prasad, Adv. LPA 573/2013, 516/2013 & 514/2013 1 of 6 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V. KAMESWAR RAO ORDER 27 08.2013 % CM No.12144/2013 (delay) in LPA 573/2013 CM No.11043/2013 (delay) in LPA 516/2013 CM No.11038/2013 (delay) in LPA 5...


Aug 27 2013

Ashok Kalra Vs. Praveen JaIn and anr

Court: Delhi

Decided on: Aug-27-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h August, 2013. + RFA 410/2012 & CM No.20988/2012 (for stay) ASHOK KALRA ..... Appellant Through: Mr. V.M. Issar, Adv. Versus M/S. AKASH PAPER BOARD PVT LTD & ANR ....Respondents Through: Mr. V.C. Sharma, Adv. AND + RFA 434/2012 & CM No.21070/2012 (for stay) ASHOK KALRA ..... Appellant Through: Mr. V.M. Issar, Adv. Versus PRAVEEN JAIN & ANR ..... Respondents Through: Mr. V.C. Sharma, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. These appeals under Section 96 of the Civil Procedure Code (CPC), 1908 impugn the judgment and decree dated 11 th July, 2012 of the Court of Additional District Judge (Central)-01, Tis Hazari Court, Delhi of dismissal of Suits No.241/2011 RFAs No.410/2012 & 434/2012 & 217/2011 respectively filed by appellant/plaintiff pursuant to the order of rejection of the plaints filed in the said suits.2. RFA No.434/2012 was listed subject to the office objection as to the court fe...


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