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Delhi Court September 2013 Judgments

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Sep 13 2013

Goodwill Appartments Pvt Ltd Vs. Spml Infra Ltd and anr

Court: Delhi

Decided on: Sep-13-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:13. 09.2013 FAO(OS) 415/2013 GOODWILL APPARTMENTS PVT LTD ..... Appellant Versus SPML INFRA LTD & ANR ..... Respondents Advocates who appeared in this case: For the Appellant : Mr L.M Asthana, Mr Siddhant Asthana and Mr P.R Singh. For the Respondents : None CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE VIBHU BAKHRU JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM No. 14358/2013 The exemption is allowed subject to all just exceptions. FAO(OS) 415/2013 & CM No. 14357/2013 1. This appeal is directed against the order dated 05.08.2013 passed by a learned Single Judge of this court in IA No. 4562/2013. That application was filed by the respondents / defendants seeking leave to defend inasmuch as the appellants / plaintiffs had filed the suit (CS(OS) No. 3287/2012) under Order XXXVII CPC. The basis of the suit are four cheques each of the value of Rs 50 lakhs which have been referred to in the impugned order. The total va...


Sep 13 2013

Khem Chand and ors. Vs. Arjun JaIn and ors.

Court: Delhi

Decided on: Sep-13-2013

.* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: September 13, 2013 + RC. Rev. No.442/2012 & C.M. No.9444/2013 KHEM CHAND & ORS. Through ..... Petitioners Mr.J.P.Sengh, Sr.Adv. with Mr.Rajinder Mathur, Mr.Sumeet Batra & Ms.Ankita Gupta, Advs. Versus ARJUN JAIN & ORS Through ..... Respondents Mr.Sandeep Sethi, Sr. Adv. & Mr. Neeraj Kishan Kaul, Sr. Adv. with Mr.A.K.Tandon, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present petition has been filed by the petitioners under section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) assailing the order dated 3rd May, 2012 passed by the learned SCJCUM-RC (South), Delhi dismissing the leave to defend application of the petitioners herein who were respondent No.1 to 8 before the Rent Controller.2. Brief facts of the matter are that respondent No.1 (petitioner therein) filed an eviction petition against the petitioners and respondent No. 9 therein i.e. Shri G...


Sep 13 2013

Sushil Kumar Vs. Medical Council of India and anr

Court: Delhi

Decided on: Sep-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:13. 09.2013 W.P.(C) 6126/2012 SUSHIL KUMAR Through: ..... Petitioner Mr. Abdhesh Chaudhary, Mr. Nilendu Vatsyayan & Mr. Akshat Gupta, Advs. versus MEDICAL COUNCIL OF INDIA AND ANR ..... Respondents Through: Mr. Ashish Kumar & Mr. Rituraj Kumar, Advs. for R-1. Dr. Rakesh Gosain, Adv. for R-2. + W.P.(C) 6133/2012 MILIND BABANRAO ZADE ..... Petitioner Through: Mr. Abdhesh Chaudhary, Mr. Nilendu Vatsyayan & Mr. Akshat Gupta, Advs. versus MEDICAL COUNCIL OF INDIA AND ANR ..... Respondents Through: Mr. Ashish Kumar & Mr. Rituraj Kumar, Advs. for R-1. Dr. Rakesh Gosain, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGEMENT V.K. JAIN, J.(Oral) Section 13 (4A) of the Indian Medical Council Act, 1956 (hereinafter referred to as the said Act), which came to be inserted w.e.f. 3.9.2001 to the extent it is relevant provides that an Indian citizen who obtains medical qualification from an institute in any other country recognised ...


Sep 13 2013

Milind Babanrao Zade Vs. Medical Council of India and anr

Court: Delhi

Decided on: Sep-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:13. 09.2013 W.P.(C) 6126/2012 SUSHIL KUMAR Through: ..... Petitioner Mr. Abdhesh Chaudhary, Mr. Nilendu Vatsyayan & Mr. Akshat Gupta, Advs. versus MEDICAL COUNCIL OF INDIA AND ANR ..... Respondents Through: Mr. Ashish Kumar & Mr. Rituraj Kumar, Advs. for R-1. Dr. Rakesh Gosain, Adv. for R-2. + W.P.(C) 6133/2012 MILIND BABANRAO ZADE ..... Petitioner Through: Mr. Abdhesh Chaudhary, Mr. Nilendu Vatsyayan & Mr. Akshat Gupta, Advs. versus MEDICAL COUNCIL OF INDIA AND ANR ..... Respondents Through: Mr. Ashish Kumar & Mr. Rituraj Kumar, Advs. for R-1. Dr. Rakesh Gosain, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGEMENT V.K. JAIN, J.(Oral) Section 13 (4A) of the Indian Medical Council Act, 1956 (hereinafter referred to as the said Act), which came to be inserted w.e.f. 3.9.2001 to the extent it is relevant provides that an Indian citizen who obtains medical qualification from an institute in any other country recognised ...


Sep 13 2013

Shri Raman Puri Vs. Sh. K.L. Seth and anr.

Court: Delhi

Decided on: Sep-13-2013

* THE HIGH COURT OF DELHI AT NEW DELHI + CS (OS) 59/2004 Date of Decision:13.09.2013 SHRI RAMAN PURI Through: ..... Plaintiff Mr. Rajeev Chibber with Ms.Suruchi Dawar, Advocates. Versus SH. K.L. SETH & ANR. B+ Through: ..... Defendant Ms Harita Agarwal, Adv. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.1. This is a suit for specific performance. It is plaintiffs case that defendant No. 1 entered into an agreement dated 11.11.2000 with him for the sale of Flat No. 106, Neelgiri, 9, Barakhamba Road, New Delhi-110 001 for a total sale consideration of Rs.68,50,000/-. A sum of Rs.7,00,000/- was paid as advance/earnest money on the same day and the balance full and final payment was agreed to be payable by 10 th January 2001. The plaintiffs case is that he visited the defendant No. 1 along with the balance payment of Rs.61,50,000/- on 10.01.2001 and asked him to transfer the said flat in his favour, but the defendant No. 1 made lame excuses and asked the plaintiff to wait for some tim...


Sep 13 2013

Puneet @ Ashu Vs. State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Sep-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :11. h SEPTEMBER, 2013 DECIDED ON :13. h SEPTEMBER, 2013 + CRL.A. 630/2011 PUNEET @ ASHU Through : ..... Appellant Mr.Anurag Jain, Advocate. versus STATE (Govt. of NCT of Delhi) ..... Respondent Through : Mr.Navin K.Jha, APP. SI Brajveer Singh, PS Seelampur. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.The present appeal stands dismissed in terms of a detailed common judgment delivered today which is placed in the file of Crl.A.No.1123/2011 titled Nasim vs. State (Govt. of NCT of Delhi). (S.P.GARG) JUDGE SEPTEMBER 13 2013 tr...


Sep 13 2013

Ashok Parshad Vs. M/S. Mahalaxmi Sugar Mills Co. Ltd.

Court: Delhi

Decided on: Sep-13-2013

* THE HIGH COURT OF DELHI AT NEW DELHI + CS (OS) 2542/1997 Date of Decision:13. 09.2013 ASHOK PARSHAD Through: ...PLAINTIFF Mr.Satya Prakash Gupta, Adv. Versus M/S. MAHALAXMI SUGAR MILLS CO. LTD. ....DEFENDANT Through: Mr.S.N.Kumar, Sr.Adv. with Mr.K.B.Soni, Adv. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.1. The plaintiff has filed the present suit against the defendant for recovery of Rs. 2738253.95/-.2. The facts presented are that the defendant has been purchasing from the plaintiff various items of chemicals from time to time starting from 14.05.1982 to 31.03.1997. The plaintiff had maintained a Running Account of the defendant in its books of accounts and the purchases so made by the defendant from the plaintiff were duly and regularly debited to the said account. Similarly, the payments received from the defendant from time to time were duly and regularly credited to the said account. It is the plaintiffs case that all CS (OS) No.2542/1997 15 Page 1 of the supplies were m...


Sep 13 2013

Nasim Vs. State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Sep-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :11. h SEPTEMBER, 2013 DECIDED ON :13. h SEPTEMBER, 2013 + CRL.A. 1123/2011 NASIM ..... Appellant Through : Ms.Nandita Rao, Advocate with Ms.Neha Mam, Advocate. versus STATE (Govt. of NCT of Delhi) ..... Respondent Through : Mr.Navin K.Jha, APP. SI Brajveer Singh, PS Seelampur. AND + CRL.A. 630/2011 PUNEET @ ASHU Through : ..... Appellant Mr.Anurag Jain, Advocate. versus STATE (Govt. of NCT of Delhi) ..... Respondent Through : Mr.Navin K.Jha, APP. SI Brajveer Singh, PS Seelampur. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Nasim (A-1) & Puneet @ Ashu (A-2) challenge correctness of a judgment dated 10.02.2011 of learned Additional Sessions Judge in Sessions Case No. 88/2009 arising out of FIR No. 129/2009 PS Seelampur whereby they were held guilty for committing offence punishable under Section 392 read with Section 397 IPC. By an order dated 08.03.2011, they were directed to undergo RI for four years with fine ` 2,000/- each ...


Sep 13 2013

Barclays Bank Plc and ors. Vs. State of Nct of Delhi and anr.

Court: Delhi

Decided on: Sep-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :04. h JULY, 2013 DECIDED ON :13. h SEPTEMBER, 2013 + CRL.M.C. 120/2013 & CRL.M.A. 470/2013 BARCLAYS BANK PLC & ORS. Through : ..... Petitioners Mr.Sandeep Sethi, Sr.Advocate with Mr.Rajnish Gaur, Advocate. versus STATE OF NCT OF DELHI & ANR. ..... Respondents Through : Mr.M.N.Dudeja, APP. Mr.Satish Tamta, Advocate with Ms.Ruchi Kapur, Advocate for R2. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Present petition under Section 482 Cr.P.C. has been filed by the petitioners for quashing of complaint case bearing No. 58/1 of 2011 and order dated 07.03.2012 by which they were summoned to face trial for committing offences under Sections 417/418 IPC. Respondent No.2 has contested the petition.2. I have heard learned Senior Counsel for the petitioners and counsel for the respondent No.2 and have examined the record. Respondent No.2 sole proprietor of M/s. Payless International was granted Bill Discounting Facility to the extent of `...


Sep 13 2013

Sandeep Kaushik Vs. Govt. of Nct of Delhi and ors.

Court: Delhi

Decided on: Sep-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on August 08, 2013 Judgment Delivered on September 13, 2013 + W.P.(C) No.3510/2012 SANDEEP KAUSHIK Represented by: ..... Petitioner Mr.S.N.Bhardwaj, Advocate versus GOVT. OF NCT OF DELHI AND ORS. Represented by: ..... Respondents Mr.Shariq Mohammad, Advocate for R-1 and R-2 Ms.Avnish Ahlawat, Advocate for R-3 and R-4 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The petitioner challenges the order dated May 26, 2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in Original Application No.1656/2010, whereby the Tribunal had dismissed the Original Application filed by the petitioner who was seeking appointment as Driver in Delhi Transport Corporation (DTC).2. The respondent No.2, Delhi Subordinate Service Selection Board (DSSSB) issued an advertisement for recruitment to the post of Drivers under respondent No.3-DTC. The petitioner applied for the...


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