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Delhi Court September 2013 Judgments

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Sep 19 2013

Nishtha Chaubey Vs. Union of India and ors.

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) 5127 of 2013; CM Nos.11536 of 2013 & 12083 of 2013 NISHTHA CHAUBEY Through: ..... Petitioner Mr. S.K. Ray, Ms. Akanksha Singh & Mr. Vaibhav Gulia, Advs. versus UNION OF INDIA & ORS. Through: ..... Respondents Mr. Sunil Kumar, Ms. Prema Priyadarshini, Mr. Rajiv Ranjan Mishra & Mr. T.P. Singh, Advs. for R-1. Mr. Amit Bansal, Adv. for R-2 to 4. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner appeared in NEET (Under Graduate), 2013 Examination conducted by respondent-Central Board of Secondary Education (for short CBSE) for admission to the MBBS course. The seats in medical colleges are divided into two categories called All India Quota and State Quota. 15 per cent of the seats are allocated to the Central Quota and remaining 85 per cent seats are allocated to the State Quota. While filling up the application form, the petitioner selected the option not applicable against the A...


Sep 19 2013

Indian Social Action Forum (insaf) Vs. Union of India

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) 4982/2013 & CM 11248/2013 INDIAN SOCIAL ACTION FORUM (INSAF) Through: ..... Petitioner Mr. Sanjay Parikh, Mr. Kabir Dixit and Ms. Bushra Praveen, Advs. versus UNION OF INDIA Through: ..... Respondent Mr. Amrit Pal Singh, CGSC with Mr. Pankaj Bansal, Assistant Director CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court is a society registered under the Societies Registration Act, 1860. Vide order dated 30.4.2013 issued by the Director to the Government of India, Ministry of Home Affairs, Foreigners Division (FCRA Wing), the permanent registration of the petitioner association was suspended in exercise of the powers conferred upon the Central Government under Section 13 of the Foreign Contribution (Regulation) Act, 2010. While suspending the said registration, it was also directed that the petitioner association can utilize the funds available with it, only aft...


Sep 19 2013

Kusum Sanghi and ors. Vs. Raj Kishan Das

Court: Delhi

Decided on: Sep-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS) 2-5/2006 KUSUM SANGHI AND ORS. ..... Appellants Through: Ms. Anusuya Salwan and Mr. Vikas Sood, Advocates. versus RAJ KISHAN DAS Through: ..... Respondent Mr. Amit S. Chadha, Sr. Advocate with Mr. Kunal Sinha, Advocate. % Date of Decision : September 19, 2013 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE PRATIBHA RANI JUDGMENT : REVA KHETRAPAL, J.1. This appeal is directed against the order dated 2 nd January, 2006 passed by the learned Single Judge in CS(OS) 538/2005.2. The facts giving rise to the appeal are that on 19th December, 1995, the Respondent/Plaintiff filed a suit for mandatory and permanent injunction initially against the Appellant No.1 (Defendant No.1) in respect of property bearing No.9, Western Avenue, Maharani Bagh, New Delhi admeasuring about 233.31 sq. yds. After the written statement was filed by the Appellant No.1, the Appellant No.2 (daughter of Appellant No.1), Appellant No.3 (husband of Appella...


Sep 19 2013

Shahnawaj @ Sonu Vs. State (Nct) of Delhi

Court: Delhi

Decided on: Sep-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Dated of decision: September 19, 2013 + Crl.A. No.591/2010 SHAHNAWAJ @ SONU Through: ..... Petitioner Thakur Virender Pratap Singh Charak, Mr.Pushpender Singh Charak, Mr.Shubhra Parashar, Mr.R.P.S. Tomar, Advocates versus STATE (NCT) OF DELHI Through: ..... Respondent Mr.Sunil Sharma, Additional Public Prosecutor for the State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR JUDGMENT % KAILASH GAMBHIR, J.1. By this appeal filed under Section 374(2) of Cr.P.C. the appellant Shahnawaj @ Sonu seeks to challenge the judgment dated 3rd October 2009 and order on sentence dated 9th October 2009 passed by the Additional District Judge (North-East), Karkardooma Courts, Delhi, whereby the appellant was convicted for committing an offence punishable under Section 302 IPC Crl. A No.591/2010 and sentenced to undergo Page 1 of 35 imprisonment for life together with imposition of fine of Rs.30,000/- and in default thereof to unde...


Sep 19 2013

Gaurav @ Vicky 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. 261/2010 GAURAV @ VICKY Through : ..... Appellant Mr.Avninder Singh, Advocate with Mr.Aditya Vaibhav Singh, Advocate. versus STATE Through : + ..... Respondent Mr.M.N.Dudeja, APP. CRL.A. 489/2009 PANKAJ KUMAR VERMA Through : ..... Appellant Mr.Mohd.Arif, Advocate. Versus STATE OF N.C.T. DELHI Through : ..... Respondent Mr.M.N.Dudeja, APP. AND + CRL.A. 369/2009 RAHUL Through : ..... Appellant Mr.Prashant Mendiratta, Advocate with Mr.Ashish Singh, Advocate. versus STATE Through : Crl.A.Nos. 261/10, 489/09 & 369/09 ..... Respondent CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Gaurav @ Vicky (A-1), Pankaj Kumar Verma (A-2), Rahul (A-3) and Dilpal (facing trial before Juvenile Justice Board) were arrested in case FIR No.217/2003 registered at Police Station Mandawali and sent for trial on the allegations that on 14.06.2003 at about 02.00 P.M. in front of CBSE building, Preet Vi...


Sep 19 2013

Pankaj Kumar Verma Vs. State of N.C.T. Delhi

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. 489/2009 PANKAJ KUMAR VERMA Through : ..... Appellant Mr.Mohd.Arif, Advocate. Versus STATE OF N.C.T. DELHI 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...


Sep 19 2013

Kavita Chaudhri Vs. Eveneet Singh and anr

Court: Delhi

Decided on: Sep-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:10. 09.2013 Pronounced on:19. 09.2013 + CS(OS) 505/2010 KAVITA CHAUDHRI Through ..... Plaintiff Mr. Ankur Mahindro and Mr.Ajay Mohan Gulati, Advocate versus EVENEET SINGH AND ANR ..... Defendants Through Ms. Shobhana Takiar and Ms.Indrani Ghosh, Advocate for D-1. Ms. Geeta Luthra, Senior Advocate with Mr. Angad Sandhu, Mr.Jatin Sehgal and Mr.Harish Malik Advocates for D-2. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The present Suit is filed for mandatory and permanent injunction. The plaintiff is stated to be an aged widow of 54 years suffering from various heart ailments. She is owner of property bearing not D-32, South Extension, Part-II, New Delhi-110049. It is stated that she is residing in the said suit premises since her childhood. Her father executed a Will dated 12.07.1981 through which the suit property was given to the plaintiff. This Court on 12.1.1984 granted probate of the aforesaid Will and hence the plai...


Sep 19 2013

Ajay Kumar and anr Vs. Harbans Lal Bhatia and ors

Court: Delhi

Decided on: Sep-19-2013

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (C) No.4141/2012 & CM APPL. No.8613/2012 AJAY KUMAR AND ANR Through: ..... Petitioners Ms. Avninder Singh, Adv. versus HARBANS LAL BHATIA AND ORS ..... Respondents Through: Mr. Suman Kumar, Adv. for R-1. Mr. Dev P. Bhardwaj, Adv. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA SUDERSHAN KUMAR MISRA, J.(ORAL) 1. This writ petition has been moved by the petitioners alleging illegal and unauthorized construction of property bearing No.D-11, Jharoda Main Road, Hardev Nagar, Burari, New Delhi-110084. It was, inter alia, alleged that the construction being raised at the site in question is wholly unauthorized and without sanction of law.2. It was further alleged that the building is dangerous and is a threat to the safety of the petitioners who live in the adjacent house. The matter has been pending in Court ever since July, 2012 and, after show cause notice was issued to the respondents, the MCD informed the court that the prop...


Sep 19 2013

Air India Ltd. Vs. Tej Shoe Exporters P. Ltd. and anr

Court: Delhi

Decided on: Sep-19-2013

$~S-5 * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:24. 05.2013 PRONOUNCED ON:19.09.2013 % + RFA (OS) 18/2007 AIR INDIA LTD. ..... Appellant Through: Ms. Geeta Luthra, Sr. Advocate with Ms. Deeksha Shukla, Ms. Sangeeta Bharti, Mr. Harish Malik and Mr. Gautam Bajaj, Advocates. Versus TEJ SHOE EXPORTERS P. LTD. AND ANR ..... Respondents Through: Mr. G.S. Raghav with Mr. A.K. Jain and Mr. Pankaj Kumar, Advocate for Resp-1. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT 1 The defendants appeal questions the judgment and order of a learned single judge of this Court, decreeing the suit preferred by Tej Shoes (the plaintiff, hereafter referred to by name), to the extent of ` 20,81,372/10 with interest @ 10% per annum. Tej Shoes had sued the defendant (appellant hereafter, called Air India) for value of loss of its goods, wrongfully released to the consignee. RFA (OS) 18/2007 Pag2. Air India is an international air carrier. In 1...


Sep 19 2013

Chanchal Dhingra Vs. Raj Gopal Mehra

Court: Delhi

Decided on: Sep-19-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h September, 2013 % + RFA No.411/2000 CHANCHAL DHINGRA Through: ......Appellant Mr. Harish Malhotra, Sr. Adv. with Mr. R.K. Modi, Adv. Versus RAJ GOPAL MEHRA Through: ....... Respondent Mr. Anil Sapra, Sr. Adv. with Mr. M.S. Ahluwalia, Adv. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree dated 30 th May, 2000 of the Court of the Addl. District Judge, Delhi in Suit No.559/1993 cancelling documents Exhibit DW1/1 to DW1/5 and Ex.DW2/1 and of recovery of possession of flat No.34, Cottage Enclave, Paschim Vihar, New Delhi from the appellant / defendant on payment by the respondent/plaintiff to the appellant/defendant of Rs.62,000/-.2. The respondent/plaintiff had instituted the suit from which this appeal arises, pleading:(a). that the respondent/plaintiff had been working in Cash Branch in the Central Cottage Industries Emporium, New Delhi; (b). that there was a Gr...


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