Delhi Court November 2014 Judgments
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Smt. Iva Nandi Vs. Sh. Suresh Toshniwal and ors.
Court: Delhi
Decided on: Nov-12-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M.(M) No.1007/2014 & C.M.Nos.18466/2014 (Stay), 18467/2014 (Exemption) 12th November, 2014 % SMT. IVA NANDI Through versus ..... Petitioner Mr.S.K.Bhaduri, Advocate. SH. SURESH TOSHNIWAL & ORS. Through CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondents To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Challenge by means of this petition under Article 227 of the Constitution of India is to the impugned order of the trial court dated 06.9.2014 which has dismissed the application filed by the petitioner/plaintiff under Section 151 of the Code of Civil Procedure Act, 1908 (CPC). By the application under Section 151 CPC the petitioner/plaintiff sought direction to the respondents/defendants to disclose the names of the buyers to whom the suit property was sold.2. In reply to the application, the respondents/defendants stated that they are still in possession of the suit property, and they had not transferred the posse...
Alankar Rajput and anr Vs. State and anr
Court: Delhi
Decided on: Nov-12-2014
$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5071/2014 ALANKAR RAJPUT & ANR ..... Petitioners Through Mr. Sumit Chander, Advocate with petitioner in person. versus STATE & ANR Through ..... Respondent Mr. O.P. Saxena, Additional Public Prosecutor. Mr. R. R. Malik, Advocate with R2 in person. ASI Hansraj. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl.M.A. No.17359/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. Crl.M.C. No.5071/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.70/2011 registered under Section 324, 34 IPC at police station Hazrat Nizamuddin, on 21.03.2011, on the ground that the matter has been settled between the parties.2. Issue notice.3. Mr. O.P. Saxena, Additional Public Prosecutor for the State, and Mr. R. R. Malik, Advocate for respondent No.2, enter appearance and accept notice. The second respondent / complainant is also identi...
Sunil Kumar Sharma Vs. Union of India and ors
Court: Delhi
Decided on: Nov-12-2014
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and Order:12. h November 2014 + W.P.(C) 4564/2013 SUNIL KUMAR SHARMA Through: ..... Petitioner Mr. Sarvesh Biswas, Advocate versus UNION OF INDIA & ORS Through: ..... Respondent Mr. Ankur Chhibber, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE NAJMI WAZIRI ORDER % KAILASH GAMBHIR, J.(Oral) 1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks the issuance of a writ of certiorari against the final judgment and order dated 8.2.2010 passed by the learned Armed Force Tribunal, New Delhi passed in T.A. No.318/2010.2. The limited issue raised by the petitioner in the present petition under Article 226 of the Constitution of India is that the respondents have failed to accede to his request for grant of disability pension. The learned counsel for the petitioner states that the petitioner is entitled to the grant of disability pension as on the date of his medical ex...
Gian Chand Vs. State
Court: Delhi
Decided on: Nov-12-2014
$~7 & 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: November 12, 2014 + DEATH SENTENCE REF. 5/2010 STATE Represented by: ..... Petitioner Ms.Aashaa Tiwari, APP for the State with Insp.Sanjeev Kr.P.S. S.P.Badli versus JAGTAR & ORS Represented by: ..... Respondents Ms.Payal Juneja, Advocate CRL.A. 321/2013 GIAN CHAND Represented by: ..... Appellant Ms.Payal Juneja, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP for the State with Insp.Sanjeev Kumar, SHO P.S.S.P.Badli CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.(Oral) 1. Five persons : (i) Jagtar Singh (A-1), (ii) Sheela @ Chabili (A-2), (iii) Jitender @ Nanu, (iv) Gian Chand and (v) Ashok Kumar @ Ganja were charged for having entered into a conspiracy to murder Bimla, Lakha and Bindeshwar Yadav. They were further charged of giving effect to the conspiracy by causing the death of the said persons. They were further charged of intending to...
Mohit Bansal Vs. State N.C.T. of Delhi
Court: Delhi
Decided on: Nov-12-2014
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :30. 10.2014 Judgment delivered on :12. 11.2014 Crl. M.A. No.1117/2014 in Crl. Appeal No.828/2009 MOHIT BANSAL Through ..... Appellant Mr.Ramesh Gupta, Sr. Adv. with Mr.Bharat Sharma, Advocates. versus STATE N.C.T. OF DELHI Through ..... Respondent Mr.Navin K. Jha, APP for State. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 This is an application filed under Sections 4 & 6 of the Probation of Offenders Act, 1958 (hereinafter referred to as the said Act) read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.PC) seeking probation in terms of the conviction which has been upheld against the applicant by a Bench of this Court. 2 The averments contained in the application have been perused. It is stated that the applicant is enrolled as a chartered accountant with the Institute of Chartered Accountants of India. He had been convicted by the Sessions Judge under Section 376 (2)(g) as also under...
Vidya Devi Vs. State
Court: Delhi
Decided on: Nov-12-2014
$~10 & 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h November, 2014 % + BAIL APPLN. 2107/2014 ATTAR SINGH Through: ..... Petitioner Mr. Pradeep Arya with Mr. Narinder Chaudhary and Mr. Praveen Dabas, Advocates. versus STATE Through: + ..... Respondent Mr. Navin Sharma, APP for the State. BAIL APPLN. 2108/2014 VIDYA DEVI Through: ..... Petitioner Mr. Pradeep Arya with Mr. Narinder Chaudhary and Mr. Praveen Dabas, Advocates. versus STATE Through: ..... Respondent Mr. Navin Sharma, APP for the State. CORAM: HON'BLE MR. JUSTICE V.P.VAISH VED PRAKASH VAISH, J.(ORAL) These two applications filed under Section 438 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.) on behalf of the applicants who seek anticipatory bail in case FIR No.247/2014 under Sections 302/34 IPC registered at P.S. Kanjhawala, Delhi. Since both these applications are arising out of the same FIR, these are being taken up together for disposal. Learned counsel for the applicants subm...
Reliance General Insurance Co Ltd Vs. Shiv Kumari and ors
Court: Delhi
Decided on: Nov-12-2014
$~10 & 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + + Date of decision:12. 11.2014 MAC.APP. 655/2011 and CM No.13285/2011 RELIANCE GENERAL INSURANCE CO LTD ..... Appellant Through Mr. P.K. Seth, Advocate versus SHIV KUMARI & ORS ..... Respondents Through Mr. Anshuman Bal, Adv. for R-1 to 6 Mr. Pawan Sharma, Adv. for R-7 & 8 MAC.APP. 106/2012 SHIV KUMARI & ORS ..... Appellants Through Mr. Anshuman Bal, Advocate versus RELIANCE GENERAL INSURANCE CO LTD ..... Respondent Through Mr. P.K. Seth, Advocate CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. By this order I will dispose off two appeals. MAC Appeal No.655/2011 is filed by the insurance company seeking to impugn the Award dated 9 th March, 201.1 MAC Appeal No.106/2012 is filed by the claimants seeking enhancement of compensation as granted by the Award dated 9th March, 2011.2. The brief facts which led to the filing of the claim petition under Section 166/140 of Motor Vehicle Act, 1988 are that on 14th June, 2010 at...
Babita Alias Kavita Vs. Manoj Kumar
Court: Delhi
Decided on: Nov-12-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 12, 2014 + CM(M) 1006/2014 & C.M.No.18444/2014 BABITA ALIAS KAVITA Through: ..... Petitioner Mr. R.N.Dubey, Advocate versus MANOJ KUMAR ..... Respondent Through: Nemo. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL % Petitioner is the wife of respondent, who had sought divorce from respondent and the said petition is pending before the concerned Family Court. The grievance made in this petition is that petitioners application under Section 24 of the Hindu Marriage Act is pending since August, 2013. Attention of this Court has been drawn to Annexure P-3 (colly) i.e. the various order sheets of the trial court. Vide impugned order of 6 th September, 2014, petitioners application for early hearing has been dismissed by the concerned family court by noting that there is pendency of about four thousand cases. It may be so but application under Section 24 of the Hindu CM(M) No.372/2014 Page 1 Marriage Act is to be acco...
Ms. Piyali Das Gupta Vs. Sh Shantanu Das Gupta
Court: Delhi
Decided on: Nov-12-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 12, 2014 + CRP222014 MS. PIYALI DAS GUPTA Through: ..... Appellant Mr. Manuj Aggarwal, Advocate Versus SH SHANTANU DAS GUPTA ..... Respondent Through: Ms.Jaya Tomar, Advocate with respondent in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Vide impugned order of 18th January, 2014 petitioners application under Order VII Rule 11 of CPC stands dismissed in proceedings under the Guardians and Wards Act, 1890. Rejection of the respondents petition under Section 7 and 25 of the Guardian and Wards Act was sought on the ground of the lack of territorial jurisdiction while relying upon Section 9 of the Guardian and Wards Act. At the hearing of this petition, learned counsel for petitioner had drawn the attention of this Court to Section 9 of the Guardian and Wards Act and had submitted that the Court within whose jurisdiction a minor child ordinarily resides can deal with such an application and in the insta...
Mitsui Chemicals India Pvt. Ltd. Vs. Kt Holidays Private Ltd and anr
Court: Delhi
Decided on: Nov-12-2014
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO3322014 Decided on 12th November, 2014 MITSUI CHEMICALS INDIA PVT. LTD. Through: ..... Appellant Mr. Siddharth Silwal, Mr. Vikas Dutta and Mr. Nikhil Varshney, Advs. versus KT HOLIDAYS PRIVATE LTD & ANR Through: ..... Respondents Mr. Nikhil Rohatgi, Adv. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(ORAL) Caveat 950/2014 Since caveator has appeared caveat is discharged. FAO3322014 1. Appellant hired three cars from the respondents pursuant to separate contracts. One of the hired cars was Toyota Camry bearing registration No.DL-1ZZ0164 which was hired by the appellant for a period of three years vide agreement dated 15th November, 2006. Respondents claimed that Toyota Camry car was purchased by the respondents at the request of appellant and was lent on hire. The other two cars, that is, Honda Accord bearing registration No.DL3CAK7431and Toyota Innova bearing registration No.DL3F9333were also hired by the appellant vide separate...
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