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Delhi Court September 2013 Judgments

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Sep 05 2013

Munna Lal Saini (Deceased) Through Lrs Vs. Sanjay Gulati

Court: Delhi

Decided on: Sep-05-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h September, 2013 % + RFA5422007 MUNNA LAL SAINI (DECEASED) THROUGH LRS ..... Appellant Through: Mr. Ram Kishan Saini, Adv. versus SANJAY GULATI ..... Respondent Through: None. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 The appeal impugns the judgment and decree dated 30 th July, 2007 of the Court of the Addl. District Judge, Delhi in Suit No.206/03/02 filed by the appellant/plaintiff for recovery of possession of shop No.9150 in Gali No.3, Multani Dhanda, Paharganj, New Delhi and in the Counter Claim filed by the respondent/defendant for recovery of Rs.4,76,000/- from the appellant/plaintiff, to the extent the same makes the decree for possession passed in favour appellant/plaintiff of paying the appellant/plaintiff a sum of conditional Rs.1,90,000/- to to the the respondent/defendant.2. Notice of the appeal was issued and on the application of the appellant/plaintiff for interim relief the operation...


Sep 04 2013

Deepika Hingorani Vs. State and anr.

Court: Delhi

Decided on: Sep-04-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI TEST.CAS. 14 of 2004 & IA No. 3067 of 2006 Reserved on: August 30, 2013 Decision on: September 4, 2013 DEEPIKA HINGORANI ..... Petitioner Through: Mr. Suman Kapoor, Mr. Tarun Sharma and Ms. Isha Shah, Advocates versus STATE & ANR. ..... Respondents Through: Ms. Lily Thomas, Advocate for the Objector/R-2. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 04.09.2013 1. The Petitioner, Mrs. Deepika Hingorani, has filed this petition under Sections 276 and 278 of the Indian Succession Act, 1925 (ISA) for grant of probate/letters of administration of the Will dated 11th November 1992 (hereafter the Will) executed by her father late Shri K.P. Mathai [hereinafter referred to as the Testator].2. The case of the Petitioner is that Testator died on 17th January 1996 within the territorial jurisdiction of this Court and prior thereto, the Testator made and published his Will and testament dated 11th November 1992 bequeathing his property No. N-181, First Floor, Sector-...


Sep 04 2013

Charumati S. Khandare Vs. Union of India and Others

Court: Delhi

Decided on: Sep-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:04. 09.2013 W.P.(C) 4589/2013 CHARUMATI S. KHANDARE ..... Petitioner Through: Mr. Amit Kumar, Adv. versus UNION OF INDIA & OTHERS Through: ..... Respondent Mr. Baldev Malik with Mr. Arjun Malik, Advs. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) CM 12359/2013 (restoration) This is an application for restoration of the petition which was dismissed in default and for non-prosecution on 8.8.2013. In view of the submissions made therein, the application is allowed and the writ petition is restored to its original number. The application stands disposed of. W.P.(C) 4589/2013 The petitioner before this Court was working as a casual artist with the respondentNational School of Drama and according to her counsel she continued to work in that capacity till 31.7.2012. National School of Drama invited applications for admission to the three-year diploma course for the term 2013-2016. The said course commenced from m...


Sep 04 2013

Korada Sreenivasa Rao Vs. Central Public Information Officer

Court: Delhi

Decided on: Sep-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:04. 09.2013 W.P.(C) 7918/2012 KORADA SREENIVASA RAO Through:Petitioner in person. ..... Petitioner versus CENTRAL PUBLIC INFORMATION OFFICER ..... Respondent Through:Mr.Neeraj Chaudhari, CGSC with Mr.Akshay Chandra, Advocate for respondent/UOI. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner vide an application dated 24th October, 2011 sought the following information from the Central Public Information Officer, DSIR, Ministry of Science and Technology:Attested copies of the entire correspondence that has been transcribed on the files/file notings from page number one to till last page in which decisions have been taken by the DSIR to place me under suspension initially vide DSIRs file not C11017/01/04-Admn./DSIR dated 5-3-2004 and susbsequent extensions of orders of the suspension inflicted on me vide DSIRs even file number dated 1-6-2004 and 20-12-2004. Attested copies of the report/s submit...


Sep 04 2013

Naresh Kumar Vs. State

Court: Delhi

Decided on: Sep-04-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:4. 09.2013 + CRL.A. No.432 /2010 NARESH KUMAR ..... Appellant Through: Ms.AshaTiwari, Advocate versus STATE Through: + CRL.A. No. 321/2010 ARUN KUMAR @ HANNI Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State ..... Appellant Mr. M.L. Yadav, Advocate versus STATE Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State AND + CRL.A. No. 717/2010 SANJIV @ SANJAY @ MANJAN ..... Appellant Through: Ms.Sangeeta Chandra, Advocate versus STATE Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR CRL.A. Nos.432 /321/717 of 2010 Page 1 JUDGMENT KAILASH GAMBHIR, J.1. By this order we propose to decide three separate Criminal Appeals preferred by Naresh Kumar, Arun Kumar and Sanjeev, accused in FIR No. 965/07 to challenge the judgment dated 11.02.2009 and or...


Sep 04 2013

Shri Bind Prakash Vs. Smt. Savitri Devi and ors.

Court: Delhi

Decided on: Sep-04-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h September, 2013 % + RFA No.456/2004 SHRI BIND PRAKASH Through: .....Appellant Mr. Murari Choudhary, Adv. Versus SMT. SAVITRI DEVI & ORS. Through: None. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW .....Respondents RAJIV SAHAI ENDLAW, J 1.This appeal impugns the common judgment and decree dated 8 th January, 2004 of the Court of the Addl. District Judge, Delhi dismissing the Suit No.31/2002 filed by the appellant/plaintiff for redemption of mortgage as well as Suit No.30/2002 filed by the appellant/plaintiff for recovery of possession of immovable property and for damages.2. Notice of the appeal was issued. The appeal was admitted for hearing on 27th May, 2008. None has been appearing for the respondents/defendants despite service since 3rd May, 2012. Vide order dated 31 st July, 2013, on which date the counsel for the appellant/plaintiff also had not appeared, the appeal was directed to be listed in the cause list of this C...


Sep 04 2013

Om Prakash and anr Vs. Satbir Singh and ors.

Court: Delhi

Decided on: Sep-04-2013

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:4. h September , 2013 MAC.APP. 470/2009 OM PRAKASH AND ANR ..... Appellant Through: Mr. Navneet Goyal, Adv. versus SATBIR SINGH AND ORS. ..... Respondents Through: Mr. Rajat Brar, Adv. for R3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Instant appeal has been preferred against the award dated 18.07.2009, whereby ld. Tribunal has granted total compensation of Rs.2,67,056/- along with interest @ 7.5% per annum from the date of filing of the petition till realization from the respondents.2. Ld. Counsel appearing on behalf of the appellant has argued that the deceased was working with a Private Establishment; and was earning Rs.6,000/- per month as salary and Rs.2,000/- per month as commission. Salary Certificate has been placed on record as Ex.P3.3. Since the appellant could not prove the said certificate and not examined any witness to prove the same, therefore, the ld. Tribunal has considered th...


Sep 04 2013

A. Kumar Milk Foods Pvt. Ltd. Vs. Vikas Tyagi and anr.

Court: Delhi

Decided on: Sep-04-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) No. 1627 of 2011 Reserved on: August 07, 2013 Decision on: September 4, 2013 A. KUMAR MILK FOODS PVT. LTD. ..... Plaintiff Through: Mr. S.K. Bansal, Mr. Pankaj Kumar, Mr. Santosh Kumar and Mr. Ajay Amitabh, Advocates. versus VIKAS TYAGI & ANR. ..... Defendants Through: Mr. U.S. Sharma, Advocate. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 04.09.2013 IA Nos. 10477 of 2011 (under Order XXXIX Rules 1 & 2 CPC) & 6818 of 2013 (under Order XXXIX Rule 3A CPC) 1. The aforementioned suit has been filed by M/s. A. Kumar Milk Foods Pvt. Ltd. against Mr. Vikas Tyagi (Defendant No.1) and M/s. Shreedhar Dairy Products (Defendant No.2), both at Meerut, for a decree of permanent injunction restraining the Defendants from using, selling, soliciting, exporting, displaying, advertising or by any other mode or manner dealing in or using the impugned trade mark SHREEDHAR or any other word/mark identical with and/or deceptively similar word/mark to the Plaintiffs tr...


Sep 04 2013

Vinod Kumar Vs. All India Blind Relief Society (Regd) and ors.

Court: Delhi

Decided on: Sep-04-2013

* % IN THE HIGH COURT OF DELHI AT NEW DELHI I.A. Nos.9182/2011 & 10355/2012 in CS(OS) 1383/2011 Date of Decision:4. h September, 2013 + # ! VINOD KUMAR ..... Plaintiff Through: Mr. Naresh Thanai, Advocate versus $ * ALL INDIA BLIND RELIEF SOCIETY (REGD) & ORS. ..... Defendants Through: Mr. Anil Sapra, Senior Advocate with Mr. Gajinder Kumar and Mr. Chandra Shekhar, Advocates for defendant Nos.1, 6 to 10 and 12 to 14 Mr. Jayant Tripathi & Ms. Ruchi Jain, Advocates for D-2 Mr. Sudhir Nandrajog, Senior Advocate with Mr. Arvind Pandey, Advocate for defendant Nos.3 & 4 Mr. O.P. Sisodia, defendant No.5 in person CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K. B HASIN, J: In this suit the plaintiff is primarily challenging his removal as the President of defendant no.1 Society(to be referred as the Society hereinafter), which position he was admittedly holding since 15 th November, 2009, and induction of defendant no.3 in the Governing Body of the Society in his place as the President w.e.f....


Sep 04 2013

Ramesh Kumar and ors. Vs. State

Court: Delhi

Decided on: Sep-04-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :13. h AUGUST, 2013 DECIDED ON :4. h SEPTEMBER, 2013 + CRL.A. 324/2001 RAMESH KUMAR & Ors. Through : ..... Appellants Mr.R.N.Mittal, Sr.Advocate with Mr.Ankit Goal, Advocate. versus STATE Through : ..... Respondent Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Ram Kishan, Ramesh Kumar, Rajesh Kumar, Suresh, Rajbir & Krishan were arrested in case FIR No. 13/1991 registered at PS Delhi Cantt and sent for trial for committing offences punishable under Sections 302/325/34 IPC on the allegations that on 09.01.1991 at 06.30 P.M. at Stall No.8, Sadar Bazar, Delhi they formed an unlawful assembly and in furtherance of their common object committed murder of Jagdish by inflicting injuries with lathies on his body. They also caused injuries to Jagjit Singh. Both Jagjit Singh and Jagdish were taken to DDU Hospital. Jagdish was referred to Willington Hospital and on 16.01.1991 he succumbed to the injuries. The Investiga...


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