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Delhi Court September 2013 Judgments

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Sep 20 2013

Jagjeet Kaur and ors. Vs. Govt. of Nct of Delhi and ors.

Court: Delhi

Decided on: Sep-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4896/2012 20th September, 2013 % JAGJEET KAUR & ORS. Through: ..... Petitioners Mr. Rishikesh, Advocate. Versus GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Through: Mr. V.K. Tandon, Advocate for respondent Nos.1 to 3. Mr. M.S. Saini, Advocate for respondent No.4. Mr. Sunil Kumar, Advocate for respondent No.5. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Counsel for the petitioners Mr. Rishikesh, Advocate seeks adjournment on the ground of personal difficulty of illness/accident. I cannot agree with this ground of personal difficulty because the same counsel has regularly argued various cases before me including regular matters. In fact, I find that request for adjournment is possibly less than justified in view of the fact that an identical issue has been decided as per the judgment passed by me on 26.7.2013 in W.P.(C) No.2571/2011 titled as Smt. Gurjeet Kaur an...


Sep 20 2013

RahisuddIn and Others Vs. State

Court: Delhi

Decided on: Sep-20-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI Crl.Appeal. No.202/2009 Judgment reserved on 13th September , 2013 Judgment pronounced on 20th September , 2013 % % # Rahisuddin & Others Through: .. Appellants Mr. Randhir Jain, Advocate Versus $ State Through: ..... Respondent Mr. Pawan Sharma, Advocate CORAM: HON'BLE MR. JUSTICE G.S. SISTANI G.S. SISTANI, J.1. Present appeal has been filed by the appellants against the judgment dated 11.02.2009 and the order on sentence dated 19.02.2009 passed by the learned Additional Sessions Judge in FIR No.94/2003, PS Mansarover Park under section 307/34 IPC. The learned trial court has convicted the appellants under section 307 read with section 34 of the Indian Penal Code (hereinafter referred to as IPC). Appellant no.1, Rahisuddin; appellant No.3, Ali Jaan; and, appellant No.4, Shaukin Ali were sentenced to undergo rigorous imprisonment for a period of six years while appellant no.2, Alimuddin was sentenced to undergo rigorous imprisonment for a period ...


Sep 20 2013

Bhagtu Munda Vs. State

Court: Delhi

Decided on: Sep-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : August 22, 2013 Judgment Pronounced on : September 20th , 2013 + CRL.A. 553/2010 BHAGTU MUNDA Through : Appellant Ms.Saahila Lamba, Advocate versus STATE Through : Respondent Ms.Richa Kapoor, Advocate CORAM : HONBLE MR. JUSTICE G.S. SISTANI HONBLE MR. JUSTICE G.P. MITTAL G.S. SISTANI, J.1. The present appeal has been filed under Section 374 (2) Cr.P.C. against the judgment dated 17.03.2010 and order on sentence dated 22.03.2010. The case of the prosecution as noticed by the learned Additional Sessions Judge is as under:(i) On 07.01.2005 at about 9:30 AM Bisham Singh Tyagi, the Manager of Hotel Vikrant, Church Mission Road, Delhi came to the Police Post Church Mission Road and informed that one lady was lying dead in the bathroom of Room No.33 of the said hotel. This information was recorded by Ct.Sher Singh (PW-2) vide DD No.9 (Ex.PW-2/A). SI Ram Niwas, Incharge Police Post, Ct.Virender Kumar (PW-31) along with Ct.Rajes...


Sep 20 2013

Ella Ghosh Vs. Prateek Aggarwal

Court: Delhi

Decided on: Sep-20-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h September, 2013 % + RFA 16/2013 ELLA GHOSH Through: ..... Appellant Mr. G.S. Narula & Mr. Ravi Pal, Advs. Versus PRATEEK AGGARWAL ..... Respondent Through: None. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The appeal impugns the judgment and decree dated 30.08.2012 of the Court of Additional District Judge-04, South District, Saket Court Complex, New Delhi of dismissal of CS No.625/2010 filed by the appellant / plaintiff for recovery of Rs.11,00,000/- with interest.2. Notice of the appeal was issued. It was reported that the respondent / defendant was not residing at the address given; liberty was given to the appellant / plaintiff to serve the respondent / defendant at a fresh address. The counsel for the appellant / plaintiff states that a fresh address of the respondent / defendant was so furnished. The order dated 08.08.2013 of the Registrar (Appellate) records that the notice had been served o...


Sep 20 2013

N. Dev Dass Singha Vs. State

Court: Delhi

Decided on: Sep-20-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A.NO.647/2010 Judgment reserved on 13th August, 2013. Judgment delivered on 20th September, 2013. % % N. DEV DASS SINGHA Through : ..... Appellant Mr.Anish Dhingra, Advs. versus STATE Through : ..... Respondent Ms.Richa Kapoor, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HONBLE MR. JUSTICE G.P. MITTAL G.S. SISTANI, J.1. Challenge in this appeal, filed under Section 374(2) of the Criminal Procedure Code, is to the judgment dated 02.3.2010 and the order on sentence dated 06.03.2010 whereby the appellant has been sentenced to imprisonment for life for the offence punishable under Section 302 IPC.2. The case of the prosecution, as noticed by the trial court, is as under:On 11/08/2004 on receipt on (sic of) DD No.15, the investigating officer received a telephonic information at Police Post Jungpura. ASI Ram Lal to whom the DD No.15 was given, along with Ct. Arun Kumar went to the spot. Ct. Ghanshyam and SI Sanjiv Kumar also went to the spo...


Sep 20 2013

Kamla Prasad Vs. State (Nct) of Delhi

Court: Delhi

Decided on: Sep-20-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on 3rd July, 2013. Judgment delivered on 20th September, 2013 % + CRL.A. 765/2010 KAMLA PRASAD ..... Appellant Through : Mr.V.P.Singh Charak, Advocate with Mr.P.P.Singh and Ms.Shubhra Parashar, Advocates versus STATE (NCT) OF DELHI Through : ..... Respondent Ms.Rajdipa Behura, APP for State. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MR. JUSTICE G.P. MITTAL G.S. SISTANI, J.1. A woman married for 27 years with six children was burnt on 30th April 2006 at about 9:20 PM. DD No.18 was received at PP Metro Vihar regarding quarrel and the fact that one lady had got burnt. The information was received from the PCR which was marked to HC Anil Kumar who along with Ct.Phool Kumar informed SI Omvir Singh. HC Anil Kumar and Ct.Phool Kumar reached the spot i.e. H.No.A-1288, Phase II, Metro Vihar, and in one room of the said house, one empty plastic kerosene oil can was lying and one match stick was also lying on the floor. It was a...


Sep 20 2013

Suman Mittal and anr Vs. State and ors.

Court: Delhi

Decided on: Sep-20-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on :30. h August, 2013 Judgment Pronounced on :20. h September, 2013 % + CRL.A.NO.1465/2010 SUMAN MITTAL & ANR ..... Appellants Through : Mr.V.Madhukar and Mr.Jayant Pawar, Advs. versus STATE & ORS. Through : ..... Respondents Ms.Rajdipa Behura, Adv. for respondent no.1. Mr.Dinesh Garg, Adv. for respondents no.2 to 4. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P.MITTAL G.S. SISTANI, J.1. Present appeal has been filed by the parents of deceased, Preeti Sharma (hereinafter referred to as the deceased), under Section 372 of the Code of Criminal Procedure, against the judgment of acquittal dated 17.8.2010, passed by learned Additional Sessions Judge, Delhi, in Sessions Case No.70/08, whereby respondents no.2 to 4 have been acquitted for the offences punishable under Section 498A/304B of the Indian Penal Code.2. The case of the prosecution, as noticed by the trial court, is as under:1. .... DD No.5A was registe...


Sep 20 2013

Ajanta Limited and anr. Vs. M/S Ajanta Transistor Clock Manufacturing ...

Court: Delhi

Decided on: Sep-20-2013

.* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Pronounced on: September 20, 2013 + Arb.A.No.19/2012 AJANTA LIMITED AND ANR ..... Appellants Through Mr.Sudhir Chandra, Sr.Adv., Mr.Krishnan Venugopal, Sr.Adv. with Mr.Sundar Ramanathan, Ms.Natasha Garg & Mr.Vikram Bajaj, Advs. versus M/S AJANTA TRANSISTOR CLOCK MANUFACTURING CO AND OTHERS ..... Respondents Through Mr.Vivek Tankha, Sr.Adv. with Mr.Puryish Malkan, Mr.Harsh Parashar, Ms.Deepa, Mr.Ravi Shah & Mr.Abhijeet Sinha, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. This Court by an order dated 17th May, 2012 passed in O.M.P. No.431/2012 with the consent of the parties appointed the Arbitral Tribunal comprising sole Arbitrator and it was agreed by the parties to maintain status quo and comply with the MOU dated 21st July, 2004 till the disposal of the application under Section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act).2. The present appeal is arising out of the o...


Sep 20 2013

Najma and ors. Vs. Rizwan and Hassan

Court: Delhi

Decided on: Sep-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order decided on: September 20, 2013 + CM(M) No.776/2013 & C.M. No.13223/2013 NAJMA & ORS Through ..... Petitioners Mr.Masood Husain, Adv. with Mr.Sarfaraz Husain, Adv. versus RIZWAN @ HASSAN Through ..... Respondent Mr.Atul Nigam, Adv. with Mr.Amit Tiwari, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(Oral) 1. By this order, I propose to decide the petition filed by the petitioners under Article 227 of the Constitution of India against the order dated 2nd July, 2013 whereby the application filed by the petitioners, who are the plaintiffs in the learned trial Court, under Order 1 Rule 10(2) CPC was dismissed.2. Few relevant facts are that in the month of April, 2010, the petitioners/plaintiffs filed a suit for permanent and mandatory injunction against six defendants. The case of the petitioners was that they are residing in the suit property for the last 20 years. The said property was handed over to them by one Mr.Sajid ...


Sep 20 2013

Shri B.R. Sharma Vs. Syndicate Bank and ors.

Court: Delhi

Decided on: Sep-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.5319/1998 20th September , 2013 % SHRI B.R. SHARMA Through: ..... Petitioner Petitioner in person. Versus SYNDICATE BANK AND ORS. Through: ..... Respondents Mr. Jagat Arora, Advocate with Mr. Rajat Arora, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, the petitioner, who was an employee of respondent No.1-Syndicate Bank, impugns the suspension order dated 8.9.1994 and the orders of the departmental authorities; disciplinary authority dated 6.7.1998 and appellate authority dated 31.8.1998; imposing the punishment of compulsory retirement upon the petitioner.2. The basic facts forming the chargesheet against the petitioner were that he alongwith about 25 odd officers organized an unauthorized assembly of officers inside the premises of zonal office near the cabin of Mr. Prem Maini, the then Deputy General Manager (DGM) of Delhi. At about ...


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