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Delhi Court January 2014 Judgments

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Jan 27 2014 (HC)

Sushil Goyal Vs. Luckson Siddique and ors.

Court: Delhi

29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.244/2010 27th January, 2014 % SUSHIL GOYAL ......Appellant Through: Mr. Pardeep Gupta, Advocate VERSUS LUCKSON SIDDIQUE & ORS. ...... Respondents Through: Mr. Abhay Singh, Ms. Veena Singh, Ms.Vindhya Singh, Advocates for respondent Nos. 1 to 5. Mr. Hari Kishan, Mr. H.S. Kohli, Advocates for respondent No.6. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes VALMIKI J.MEHTA, J (ORAL) 1. By this first appeal filed under Section 30 of the Workmens Compensation Act, 1923 challenge is laid to the judgment of the Employees Commissioner dated 20.5.2010 by which the Commissioner allowed the compensation claim filed by respondents herein, and who were the legal representatives/dependents of the deceased workman Sh. Aftab Alam.2. The Commissioner by the impugned judgment has upheld the relationship of employer and employee between the appellant/employer (respondent before the Commissioner) and the deceased S...

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Jan 27 2014 (HC)

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

Court: Delhi

$~R-19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h January, 2014 + CRL.A. 527/1999 RAMESH ..... Appellant Mr.Aditya V. Singh, Advocate for Mr. Avninder Singh, Advocate Through: versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through: Ms. Rajdipa Behura, APP for the State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT SANJIV KHANNA J.(ORAL) 1. By the impugned judgment dated 27.02.1999, appellant Ramesh has been convicted under Section 302 of the Indian Penal Code, 1860 (IPC for short) for murder of his wife Krishna @ Radha in the intervening night of 17-18.01.1996. The appellant has been sentenced to imprisonment for life with fine of Rs.2,000/- and in default/failure to pay fine, to undergo rigorous imprisonment for three months.2. Body of an unidentified woman was found in a pond at about 9:00 a.m. on 18.01.1996 by Ami Chand (PW-9). He has deposed that he had gone to his agricultural fields, situated near Bishamber Dass As...

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Jan 27 2014 (HC)

Hari Dutt Pandey (Now Deceased) Through Lrs Vs. Cbi

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: January 08, 2014 Judgment Pronounced on: January 27, 2014 + CRL.Appeal No.358/2002 HARI DUTT PANDEY (NOW DECEASED) THROUGH LR.s .....Appellant Through: Mr. J.P. Tiwari, Advocate Versus C.B.I. Through: ....Respondent Mr. R.V. Sinha, Standing Counsel for CBI & Mr. A.S. Singh, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % 1. JUDGMENT In the year 1992, appellant was Cashier in Tihar Jail, New Delhi and on the allegations of appellant misappropriating `2,545/-, he was tried in this case and vide impugned judgment of 11 th April, 2002, he has been convicted for the offences under Sections 409/467/471/477A of IPC and under Section 13(2) of Prevention of Corruption Act, 1988 and vide impugned order of 12 April, 2002, he has been sentenced to rigorous imprisonment for four years with fine, which is under challenge in this appeal. The substantive sentence awarded to appellant was suspended while entertaining this appeal.2. The fa...

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Jan 24 2014 (HC)

ishpinder Kochhar Vs. Deluxe Dentelles(P) Ltd and anr

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :26.09.2013 Decided on :24. 01.2014 + IA No.10766/2012 in CS(OS) 3075/2011 ISHPINDER KOCHHAR Through ..... Plaintiff Mr. Sumit Bansal, Mr.Ateev Mathur, Ms. Sumi Anand and Ms.Richa Oberoi, Advocate versus DELUXE DENTELLES(P) LTD & ANR ..... Defendants Through Mr. Neeraj Kishan Kaul, Senior Advocate with Ms.Rohini Musa, Advocate CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.IA No.10766/2012 (u/O12R6CPC) 1. This is an application under Order 12 Rule 6 CPC filed by the plaintiff seeking a judgment on admission. The accompanying plaint is filed by the plaintiff seeking a decree of possession in respect of eastern part of ground floor of property bearing No.10, Jor Bagh, New Delhi comprising of eastern shop, an office block, a mezzanine over the office block, a toilet, courtyard at the back and concerned verandah with a display window and also western portion of the ground floor of the said property. Other consequential reliefs ar...

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Jan 24 2014 (HC)

Braham Prakash Singh Vs. Union of India and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on: January 21, 2014 Judgment Pronounced on: January 24, 2014 W.P.(C) 6418/2001 OMKAR SINGH (SINCE DECEASED) THRU LRS .....Petitioner Represented by: Mr.H.S.Dahiya, Advocate versus UNION OF INDIA & ORS. Represented by: ..... Respondents Ms.Vaneessa Singh, Advocate with Ms.Sadhvi Shashi, Advocate W.P.(C) 6419/2001 BRAHAM PRAKASH SINGH .....Petitioner Represented by: Mr.H.S.Dahiya, Advocate versus UNION OF INDIA & ORS. Represented by: ..... Respondents Mr.Sachin Datta, Advocate with Mr.Vineet Tayal, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. Since common questions of law and fact arise for consideration in the two above captioned writ petitions, they were heard together and hence are being decided by a singular order. Albeit pursuant to two separate charge sheets issued to them and inquiry proceedings being separate, the indictment against the petitioners and ...

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Jan 24 2014 (HC)

Shree Adya Katyayani Shaktipeeth(Mandir) Trust and O Vs. Shri V.S.Gaur

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:24. 07.2013 Judgment delivered on:24. 01.2014 CS(OS) 1798/2008 and I.A. Nos. 10428-29/2008 SHREE ADYA KATYAYANI SHAKTIPEETH (MANDIR) TRUST & ORS ..... Plaintiffs Through: Ms. Meenakshi Lekhi and Mr.Mritunjay Kumar, Advocates along with Mr. J.N.Pruthi, Trustee for the plaintiff. versus SHRI P.P. SHRIVASTAV Through: ..... Defendant Mr. Harish Malhotra, Senior Advocate along with Mr. Gaurav Mahajan, Advocate. AND + CS(OS) 1799/2008 and I.A. Nos. 10431-32/2008 SHREE ADYA KATYAYANI SHAKTIPEETH (MANDIR) TRUST & ORS ..... Plaintiffs Through: Ms. Meenakshi Lekhi and Mr.Mritunjay Kumar, Advocates along with Mr. J.N. Pruthi, Trustee for the plaintiff. versus SHRI SHASHI BHUSHAN SHARMA ..... Defendant Through: Mr. Harish Malhotra, Senior Advocate along with Mr. Gaurav Mahajan, Advocate. AND + CS(OS) 1800/2008 and I.A. Nos. 10434-35/2008 SHREE ADYA KATYAYANI SHAKTIPEETH & ORS. ..... Plaintiffs Through: Ms. Meenakshi Lekhi and Mr.Mr...

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Jan 24 2014 (HC)

Cadbury Uk Limited and anr. Vs. Lotte India Corporation Ltd.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) 1295 of 2013 & IA Nos. 10425 of 2013, 12219 of 2013, 18988 of 2013 Reserved on: January 8, 2014 Decision on: January 24, 2014 CADBURY UK LIMITED & ANR. ..... Plaintiffs Through: Mr. C.M. Lall, Ms. Ekta Sarin, Ms. Jyotideep Kaur & Ms. Nancy Roy, Advocates. versus LOTTE INDIA CORPORATION LTD. ..... Defendant Through: Mr. Amit Sibal, Mr. Sushant Singh, Mr. Saurabh Gupta, Ms. Geetika Kapur, Mr. P.C. Arya, Mr. Rupesh Pandey & Mr. Anirban Sen, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT2401.2014 IA No.10425 of 2013 & IA No.12219 of 2013 1. IA No.10425 of 2013 has been filed by Cadbury UK Limited (Plaintiff No.1) and Cadbury India Limited (Plaintiff No.2) under Order XXXIX Rules 1 and 2 CPC seeking to restrain the Defendant Lotte India Corporation Ltd. from manufacturing, selling, marketing, promoting or in any other manner whatsoever, or attempting to use or asserting any right to use or applying to register any of the marks Choclairs/ Par...

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Jan 24 2014 (HC)

Makhan Singh Vs. State

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.467/1998 Reserved on:6. h January, 2014 Date of Decision:24. h January, 2014 % MAKHAN SINGH ..... Appellant Through Mr. Sumeet Verma, Advocate. Versus STATE ..... Respondent Through Ms. Rajdipa Behura, APP for the State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P.MITTAL SANJIV KHANNA, J.: Appellant-Makhan Singh stands convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of his niece Madhu on 21st January, 1990. By the order on sentence dated 18th May, 1998, the appellant has been sentenced to life imprisonment and a fine of Rs.10,000/-, in default of which he has to undergo rigorous imprisonment for six months.2. We have heard the counsel for the appellant and the State.3. There is ample evidence to show and prove that the deceased Madhu was residing with her grandmother Sheela (PW-3) at her house in Shakarpur, Delhi. Madhu had lost her father and her mother Urmila; Sh...

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Jan 24 2014 (HC)

Rashid Vs. State

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :29. h NOVEMBER, 2013 DECIDED ON :24. h JANUARY, 2014 + CRL.A. 583/2000 RASHID Through : ....Appellant Mr. S.K.Bhalla, Advocate. versus STATE Through : .Respondent Mr.Lovkesh Sawhney, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Rashid (the appellant) challenges the legality and correctness of a judgment dated 15.09.2000 of learned Addl. Sessions Judge in Sessions Case No.116/98 arising out of FIR No.431/98 PS Sultanpuri whereby he was convicted for committing offences punishable under Sections 304/324 IPC. By an order on sentence dated 19.09.2000, he was awarded RI for seven years with fine ` 1,000/- under Section 304 IPC and RI for one year with fine ` 500/- under Section 324 IPC. Both the sentences were to operate concurrently.2. Allegations against the appellant were that on 03.07.1998 at about 08.00 A.M. opposite Hanuman Mandir, P-4 Block, Sultanpuri, he and his associate Harish Kumar inflicted injuries to Anil Kumar...

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Jan 24 2014 (HC)

Chander Pal Singh Vs. State of Delhi

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.383/1998 Reserved on:10. h January, 2014 Date of Decision:24. h January, 2014 % CHANDER PAL SINGH ..... Appellant Through Mr. K.B. Andley, Sr. Advocate with Mr. M.L. Yadav, Advocate. Versus STATE OF DELHI ..... Respondent Through Ms. Rajdipa Behura, APP for the State. CRIMINAL APPEAL No.450/1998 ANGREJ SINGH ..... Appellant Through Mr. L.K. Passi, Advocate. Versus STATE ..... Respondent Through Ms. Rajdipa Behura, APP for the State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P.MITTAL SANJIV KHANNA, J.: The appellants Chander Pal Singh and Angrej Singh by the impugned judgment dated 19th August, 1998 stand convicted under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for murder of Harvinder Kataria on 13th May, 1994 at about 9.30 P.M. According to the prosecution, Chander Pal Singh had inflicted injury on the chest of the deceased with a kripan, while Angrej Singh, the conductor restrained h...

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