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Delhi Court September 2013 Judgments

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Sep 11 2013

Manoranjana Sharma Vs. Naresh Kumar Manshani

Court: Delhi

Decided on: Sep-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h September, 2013. + RFA 119/2013 MANORANJANA SHARMA ............ Appellant Through: Mr. Anand Prakash, Adv. Versus NARESH KUMAR MANSHANI ..... Respondent Through: Mr. K.K. Aggarwal, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This appeal impugns the judgment (dated 29.11.2012 of the Court of Additional District Judge-04, South District, New Delhi in CS No.175/2011 filed by the respondent) on admissions of ejectment of the appellant from the premises earlier in her tenancy.2. Notice of the appeal was issued. The counsels were heard on 27.08.2013. However upon the counsel for the appellant contending that the appellant in her written statement had disputed the service of notice dated 01.06.2011 of determination of tenancy and having sent a reply dated 06.06.2011 thereto and realizing that the Trial Court record had not been requisitioned, the appeal was admitted for hearing and the Trial Court...


Sep 11 2013

Chander Kala and anr. Vs. Satpal and ors.

Court: Delhi

Decided on: Sep-11-2013

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:11. h September, 2013 % + MAC.APP. 743/2012 CHANDER KALA AND ANR. ..... Appellants Through: Mr. O.P. Mannie, Advocate. Versus SATPAL AND ORS. Through: ..... Respondents Mr. Ram Aashrey, Advocate for Respondent No.3/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is filed by the appellants/claimants for enhancement of compensation amount against the impugned award dated 02.03.2012, whereby the learned Tribunal has awarded a total compensation as under:1. Loss of dependency (3110X12X13) = Rs. 4,85,160/2. Loss of Love and affection = Rs. 25,000/3. For funeral expenses = Rs. 10,000/4. Loss of estate = Rs. 10,000/_____________________________________________________ Total Rs. 5,30,160/(Rupees Five lacs Thirty thousand and One hundred sixty only) _______________________________________________________2. Learned counsel appearing on behalf of the appellants/claimants has a...


Sep 11 2013

Government of Nct Delhi and Others Vs. N.C. Goel

Court: Delhi

Decided on: Sep-11-2013

$~2&3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:11. 09.2013 + W.P.(C) 5554/2013 GOVERNMENT OF NCT OF DELHI AND OTHERS ..... Petitioners versus K.K. PRASAD ..... Respondent W.P.(C) 5681/2013 GOVERNMENT OF NCT DELHI AND OTHERS ..... Petitioners versus N.C. GOEL ..... Respondent Appearance: Mr. V.K. Tandon, Advocate for petitioners in both cases. Mr. Sourabh Ahuja, Advocate for respondents in both cases. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. In these petitions, the Government of NCT of Delhi has claimed to be aggrieved by a common order of the Central Administrative Tribunal (C.A.T.) dated 02.04.2013. By the impugned order, the C.A.T. allowed the two applications preferred by the respondents in each of the present petitions.2. The respondents were recruited as Lecturers by the Government WP (C) 5554 & 5681/2013 Page 1 of NCT of Delhi in its Department of Training and Technical Education to teac...


Sep 11 2013

Yogender Singh Vs. Kotak Mahindra Bank Ltd. and ors.

Court: Delhi

Decided on: Sep-11-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h September, 2013 % + RFA No.321/2013 YOGENDER SINGH Through: ..... Appellant Mr. Praveen Kr. Singh with Mr. Madhukant Jha, Advs. Versus KOTAK MAHINDRA BANK LTD. & ORS. ..... Respondents Through: Mr. Pratiti Rungta, Mr. Prashant Singh & Mr. Sumit Dayal, Advs. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The appeal impugns a money decree (dated 25 th August, 2012 of the Court of Addl. District Judge (Central-07), Delhi in Civil Suit No.250/2010 filed by the respondent-1 Bank under Order XXXVII of the CPC) against the appellant pursuant to the order of the same date of dismissal of the application for leave to defend filed by the appellant.2. The respondent no.1 Bank had filed the said suit against the respondents no.2&3 herein and the appellant (impleaded as defendant no.3), pleading:(a). that its predecessor in interest had disbursed commercial vehicle loan to the respondent no.2 Sh. Pratap Singh (def...


Sep 11 2013

All India Institute of Medical Sciences Vs. Dr. Anusar Gupta and ors.

Court: Delhi

Decided on: Sep-11-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 09.2013 LPA No.458/2013 & CM No. 9986/2013 (Stay) DR. ANUSAR GUPTA ..... Appellant versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES NEW DELHI & ORS. . Respondents Advocates who appeared in this case: For the Appellant : Mr Nitin K. Gupta. For the Respondents : Mr Mukul Gupta, Sr. Advocate with Mr Rajat Katyal & Mr Rishab Kaushik for R-1/AIIMS. Mr Anuj Aggarwal & Mr Gaurav Khanna for R-2/UOI. Mr Rajeshwar Dagar for R-3. + AND LPA No.506/2013& CM No. 10970/2013(Stay) ALL INDIA INSTITUTE OF MEDICAL SCIENCES ..... Appellant versus DR. ANUSAR GUPTA & ORS. . Respondents Advocates who appeared in this case: For the Appellant : Mr Mukul Gupta, Sr. Advocate with Mr Rajat Katyal & Mr Rishab Kaushik for appellant. For the Respondents : Mr Nitin K. Gupta for R-1. Mr Anuj Aggarwal & Mr Gaurav Khanna for R-2/UOI. Mr Rajeshwar Dagar for R-3. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MRJUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, ...


Sep 11 2013

Dr. Anusar Gupta Vs. All India Institute of Medical Sciences New Delhi

Court: Delhi

Decided on: Sep-11-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 09.2013 LPA No.458/2013 & CM No. 9986/2013 (Stay) DR. ANUSAR GUPTA ..... Appellant versus ALL INDIA INSTITUTE OF MEDICAL SCIENCES NEW DELHI & ORS. . Respondents Advocates who appeared in this case: For the Appellant : Mr Nitin K. Gupta. For the Respondents : Mr Mukul Gupta, Sr. Advocate with Mr Rajat Katyal & Mr Rishab Kaushik for R-1/AIIMS. Mr Anuj Aggarwal & Mr Gaurav Khanna for R-2/UOI. Mr Rajeshwar Dagar for R-3. + AND LPA No.506/2013& CM No. 10970/2013(Stay) ALL INDIA INSTITUTE OF MEDICAL SCIENCES ..... Appellant versus DR. ANUSAR GUPTA & ORS. . Respondents Advocates who appeared in this case: For the Appellant : Mr Mukul Gupta, Sr. Advocate with Mr Rajat Katyal & Mr Rishab Kaushik for appellant. For the Respondents : Mr Nitin K. Gupta for R-1. Mr Anuj Aggarwal & Mr Gaurav Khanna for R-2/UOI. Mr Rajeshwar Dagar for R-3. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MRJUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, ...


Sep 11 2013

Arun Kumar Vs. Govt of Nct of Delhi and anr.

Court: Delhi

Decided on: Sep-11-2013

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1965/2013 and CM 3745/2013 % 11.09.2013 ARUN KUMAR ..... Petitioner Through Mr. Sarvesh Bisaria, Mr. P.C. Sharma, Advocates versus GOVT OF NCT OF DELHI & ANR. .... Respondents Through Ms. Mayuri Raghuvanshi, Advocate for Ms. Jagdeep Kumar Sharma, Advocate for respondent No.1. Ms. Zubeda Begum, Ms. Sana Ansari, Advocates for respondent No.2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. I have already dealt with a similar issue with respect to appointment made to a post in the respondent No. 2-Institute as per the judgment delivered in the case of Amrish Chanana & Ors. vs. Govt. of NCT of Delhi & Anr. in W.P.(C) 1045/2013 decided on 3.5.2013.2. As per the facts which emerge on record in the present case there was a sanctioned post to which the petitioner was appointed, petitioners selection was through regular recruitment process where candidates were called through a...


Sep 11 2013

Sheikh Munna @ Munna Sheikh Vs. State

Court: Delhi

Decided on: Sep-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :29. h August, 2013 DECIDED ON :11. h September, 2013 + CRL.A. 1298/2012 SHEIKH MUNNA @ MUNNA SHEIKH ..... Appellant Through : Ms.Anita Abraham, Advocate. VERSUS STATE Through : ..... Respondent Mr.Feroz Khan Ghazi, APP. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Sheikh Munna @ Munna Sheikh (the appellant) impugns a judgment dated 07.07.2012 of learned Additional Sessions Judge in Sessions Case No.57/2011 arising out of FIR No.64/2011 registered at Police Station N.D.R.S. by which he was convicted under Section 394 read with Section 397 IPC. By an order dated 09.07.2012, he was directed to undergo Rigorous Imprisonment for eight years with fine `50,000/- under Section 394 IPC and Rigorous Imprisonment for seven years with fine `10,000/- under Section 397 IPC.2. Allegations against the appellant were that on 12.03.2011 at about 04.00 P.M. under a pucca flyover in front of platform No.8/9 of New Delhi Railway Station, he with his asso...


Sep 11 2013

Anil Kumar JaIn and anr. Vs. Paritosh JaIn and anr.

Court: Delhi

Decided on: Sep-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :9. h JULY, 2013 DECIDED ON :11. h SEPTEMBER, 2013 + CRL.M.C. 558/2013 & Crl.M.A.No.1825/2013 ANIL KUMAR JAIN & ANR. Through : ..... Petitioners Mr.Atul Y.Chitale, Sr.Advocate with Mr.M.S.Rohilla and Mr.Karan Kanwal, Advocates. versus PARITOSH JAIN & ANR. Through : ..... Respondents Mr.R.K.Jain, Advocate with Mr.P.R.Chopra and Mr.Ankur Jain, Advocates for respondent No.1. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Present petition under Article 227 of the Constitution of India read with Section 482 Cr.P.C. has been preferred by the petitioners to set aside a order dated 10.09.2012 of learned Metropolitan Magistrate whereby they were summoned to face proceedings for commission of offence punishable under Section 448 IPC. I have heard the learned counsel for the parties and have examined the record. The petitioners and respondent No.1 are brothers. Property bearing No. A-60, Gulmohar Park, New Delhi belonged to their father Pa...


Sep 11 2013

Mahender Kumar and anr. Vs. Commissioner of Police and ors.

Court: Delhi

Decided on: Sep-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :09. 09.2013 Judgment pronounced on :11. 09.2013 W.P.(C) 599/1999 MAHENDER KUMAR AND ANR. ..... Petitioners Through: Mr Hameed S. Shaikh, Adv. versus COMMISSIONER OF POLICE & ORS. Through: None. CORAM: HON'BLE MR. JUSTICE V.K. JAIN ..... Respondents V.K. JAIN, J.The petitioner No.1 has been running a shop in Regharpura, Karol Bagh. On 16.10.1998, the son of the petitioners died allegedly due to fire in fire crackers shop at corner of street No. 23, Regharpura, Karol Bagh. The licences for the said cracker shop were issued by respondent No. 1Commissioner of Police, Delhi. According to the petitioners, Regharpura, being a congested area having various small shops, selling products such as cotton, mattresses, paints, eatables, etc. licence ought not to have been given in the said locality. It is also alleged that while granting licence to respondent No. 5 and 6, respondent No. 1 did not adhere to the prescribed norms, rule...


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