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Delhi Court September 2013 Judgments

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Sep 20 2013

Mr.Uri Justman Vs. M/S Telephone Cable Ltd Ac+

Court: Delhi

Decided on: Sep-20-2013

$~ S-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 102/2006 % Judgment dated 20.09.2013 MR.URI JUSTMAN Through: ..... Decree Holder Mr.Rajiv Tyagi and Mr.Ajay Kumar, Advs versus M/S TELEPHONE CABLE LTD AC+ ..... Judgement Debtor Through: Ms.Jyoti Mendiratta, Advocate CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) EX.APPL.(OS) 43/2012 1. This is an application seeking condonation of 42 days delay in filing the application [EX.APPL.(OS) 42/2012]., seeking review of the order dated 1.11.2011.2. For the reasons stated in the application, the application is allowed. Delay in filing the application [EX.APPL.(OS) 42/2012]. is condoned.3. Application stands disposed of. EX.APPL.(OS) 42/2012 4. Review is sought of the order dated 1.11.2011 by which the objections filed by the judgment debtor were dismissed by this court on the ground that the same had been filed beyond the period of limitation. Counsel for the review petitioner submits that counsel who made a statement that ...


Sep 20 2013

Delhi State Industrial and Infrastructural Developme Vs. Shiv Kumar

Court: Delhi

Decided on: Sep-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: September 20, 2013 + CM(M) No.404/2012 & C.M. No.6267/2012 DELHI STATE INDUSTRIAL & INFRASTRUCTURAL DEVELOPMENT CORPORATION LTD. & ANR ..... Petitioners Through Mr.Amiet Andlay, Adv. versus SHIV KUMAR Through ..... Respondent Mr.Vishal Bhatnagar, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. The petitioners, Delhi State Industrial & Infrastructure Development Corporation Ltd. (DSIIDC Ltd.) and the Government of NCT of Delhi through its Chief Secretary, have filed the present petition under Article 227 of the Constitution of India for quashing the impugned order dated 21st March, 2012 passed in Suit No.25/2012 whereby the application filed by the respondent (plaintiff in the suit) under Order 11, Rules 1, 2, 12 & 14 read with Section 151 CPC was allowed.2. The respondent/plaintiff, in fact, filed a suit for permanent injunction before the learned Senior Civil Judge, South, Saket Courts, Delhi ag...


Sep 20 2013

State Vs. Hema Ram and ors

Court: Delhi

Decided on: Sep-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:20.9.2013 + Crl.L.P. No.517/2013 and Crl.M.A. No.14228/2013 (for condonation of delay of 106 days) STATE Through: Petitioner Mr.Saleem Ahmed, ASC. versus ..Respondents HEMA RAM & ORS. Through: None. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1 The State has filed the present Criminal Leave to Appeal against the judgment dated 28.02.2013 whereby the four respondents namely Hema Ram S/o Sh.Prabhu Ram, Kewa Ram S/o Sh. Jeewa Ram, Bhawna S/o Prabhu Ram and Dewa S/o Prabhu Ram had been acquitted for the offence for which they have been charge-sheeted i.e. offence punishable under Sections 302, 364, 201, 120B of the Indian Penal Code (IPC). 2 The version of the prosecution is that on 16.12.2009 at about 11.00 am in the morning all the aforenoted persons in furtherance of a criminal conspiracy had kidnapped Naresh Rana (since deceased) and after committing his murder they h...


Sep 20 2013

Pankaj Vs. State

Court: Delhi

Decided on: Sep-20-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Crl. A. 374/2003 Date of Decision:20. h September, 2013 PANKAJ Through ..... Petitioner Mr.V.K. Ohri, Advocate. versus STATE Through ..... Respondent Ms. Fizani Hussain, APP for the State. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Challenge in this appeal is to the judgment and order on sentence dated 5th May, 2003 vide which the appellant was convicted under Section 326 of Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.10,000/-, in default to undergo simple imprisonment for six months.2. The case of prosecution, in brief, is that on 21st May, 2000, information was received at PS Kotla Mubarakpur that one person had been stabbed and a quarrel was taking place at J43Seva Nagar. The information was recorded vide DD No.51B and was given to ASI Rajbir Singh for investigation. He went to the spot and came to know that the injured Rakesh had been taken to some unk...


Sep 20 2013

Prem Bhutani and ors. Vs. Subhash Bhutani

Court: Delhi

Decided on: Sep-20-2013

* + HIGH COURT OF DELHI AT NEW DELHI RSA No.14/2013 and CM No.1249/2013 (Stay) Decided on :20. h September, 2013 PREM BHUTANI & ORS. Through: Appellant Mr. Lalit Kumar, Advocate. Versus SUBHASH BHUTANI Respondents CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a regular second appeal filed by the appellant against the judgment dated 09.11.2012 in RCA No.162/2010 by virtue of which the first appellate court has set aside the order of the learned trial court dated 23.10.2010, and recommended the matter to the trial court.2. I have heard the learned counsel for the appellant.3. As a matter of fact, the present regular second appeal is not maintainable as Section 100 CPC lays down that the second appeal is maintainable against only a decree passed by the first appellate court when there is a substantial question of law involved. In the instant case, there is no decree passed against the appellant and accordingly on the basis of the said reasoning itself, the present...


Sep 19 2013

Number One Advertising and Marketing Company Vs. M/S Unitech Ltd and O ...

Court: Delhi

Decided on: Sep-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: Pronounced on: + 12.08.2013 19.09.2013 IA No.18835/2011 in CS(OS) 1796/2011 NUMBER ONE ADVERTISING AND MARKETING COMPANY ..... Plaintiff Through Mr D.K. Thakur and Mr.R.S. Chauhan, Advocate versus M/S UNITECH LTD & OTHERS .... Defendants Through Mr. Sunil Goel, Mr. Susheel Bhartiya and Mr.Pranav Sapra, Advocate CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.IA No.18835/2011 (u/S 8 of the Arbitration and Conciliation Act, 1996 ) The present application is without merit and is accordingly dismissed. For detailed orders see CS(OS) No.1795/2013. CS(OS) 1796/2011 & IA No.12653/2013 List the matter on 23rd October, 2013. JAYANT NATH, J SEPTEMBER 1 2013 n...


Sep 19 2013

Aashita Vs. Union of India and anr.

Court: Delhi

Decided on: Sep-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:19. 09.2013 W.P.(C) 5902 of 2013 & CM No.13020 of 2013 (Directions) AASHITA Through: ..... Petitioner Mr. S.S. Ray, Mr. Vaibhav Gulia & Mr. Rajan Tyagi, Advs. versus UNION OF INDIA & ANR Through: ..... Respondents Mr. Neeraj Chaudhari, CGSC for R-1. Mr. Ravi Sikri, Mr. Vaibhav Kalra & Ms. Sumedha Dang, Advs. for R-2 with Brigadier (Retd.) P.K. Upmanyu, Joint Registrar of the University in person. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court, on the basis of her rank in NEET-2013 examination applied for admission to the MBBS course of the Guru Gobind Singh Indraprastha University. In the application form the petitioner had chosen Vardhman Medical College & Safdarjung Hospital as the first option and North Delhi Municipal Corporation Medical College Hindu Rao Hospital as the second option. The petitioner did not get admission during the first round of counselling but was off...


Sep 19 2013

A.K.Bhat and ors. Vs. State Through Tohit Bajpai Drug Inspector

Court: Delhi

Decided on: Sep-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: August 13, 2013 Judgment Pronounced on: September 19, 2013 + CRL.M.C. No.5149-51 of 2006 A.K. BHAT & ORS. Through: .....Petitioners Mr. Ravi Sharma & Mr. Ankit Mishra, Advocates Versus STATE THROUGH TOHIT BAJPAI DRUG INSPECTOR .....Respondent Through: Mr. Rohit Bajpai, Drug Inspector for Respondent-State CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % 1. JUDGMENT Quashing of Criminal Complaint No.121/2004 under Sections 18 (a) (i) read with Section 17-B punishable under Section 27 (c) and 27 (d) of The Drug and Cosmetics Act, 1940 and trial court's order of 1st March, 2004 summoning petitioners as accused, is sought in this petition on three counts.2. Firstly, on the ground that patent and proprietary medicines are a class of medicines not falling within the Indian pharmacopoeia or any other recognized western pharmacopoeia and keeping in view their unique formulation, they cannot be analyzed as per any standard form test for any ...


Sep 19 2013

Niranjan Lal Gupta and anr Vs. Gurmeet Singh Baweja and ors

Court: Delhi

Decided on: Sep-19-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h September, 2013 % + CS(OS) 2969/2011 NIRANJAN LAL GUPTA & ANR ..... Plaintiffs Through: Mr. Aman Lekhi, Sr. Adv. with Mr. Dinesh Kumar Gupta and Mr. Sonu Gupta, Advocates. Versus GURMEET SINGH BAWEJA & ORS ..... Defendants Through: Mr. Ajay Burman, Mr. Karan Burman and Mr. Aditya Shankar, Advocates for D-1. Mr. Kirtiman Singh, Mr. T. Singhdev and Mr. Waize Ali Noor, Advocates for D-3. Mr. Madan Bhatia, Sr. Adv. with Mr. P.S. Bindra and Ms. Sweta Priyadarshini, Advocates for D-4 & 5. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The two plaintiffs have instituted this suit (i) for declaration of the election on 24th November, 2011 of defendant no.4 Mr. Bal Malkit Singh and defendant no.5 Mr. Kultaran Singh Atwal to the post of President and Vice President (North Zone) respectively of the defendant no.3 All India Motor Transport Congress for the term 2011-2013 as illegal, null & void; (ii) for mandato...


Sep 19 2013

Rahul Vs. State

Court: Delhi

Decided on: Sep-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :26. h August, 2013 DECIDED ON :19. h September, 2013 + CRL.A. 369/2009 RAHUL Through : ..... Appellant Mr.Prashant Mendiratta, Advocate with Mr.Ashish Singh, Advocate. versus STATE Through : ..... Respondent Mr.M.N.Dudeja, APP. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.The present appeal is allowed in terms of a detailed common judgment delivered today which is placed in the Crl.A.No.261/2010 titled Gaurav @ Vicky Vs. State . (S.P.GARG) JUDGE September 19, 2013 sa file of...


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