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Delhi Court November 2014 Judgments

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Nov 27 2014 (HC)

Sarfaraz Alam and Ors Vs. State and Anr

Court: Delhi

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4004/2014 and Crl. M.A. 18411/2014 SARFARAZ ALAM & ORS Through: ..... Petitioners Mr. Tabrej Ahmed, Advocate for the petitioners with petitioners in person. versus STATE & ANR Through: ..... Respondents Ms. Nishi Jain, APP for the State with ASI Krishan Pal, PS Jamia Nagar. Ms. Noorum Nahar, Advocate for the complainant with complainant in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % 1. ORDER2711.2014 This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.417/2014 registered under Sections 498A/406/34 IPC at Police Station Jamia Nagar on 14th June, 2014 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor enters appearance and accepts notice on behalf of the State/respondent No.1.3. Petitioners as well as complainant/respondent No.2-Sana Parveen are present in person and are identified by the Investigatin...

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Nov 27 2014 (HC)

Tata Aig General Insurance Co Ltd Vs. Alpana Khandhway and Ors

Court: Delhi

$~A-14 to 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. 11.2014 + MAC.APP. 957/2011 TATA AIG GENERAL INSURANCE CO LTD ..... Appellant Through Mr.Manish Kaushik, Advocate for Mr.K.L.Nandwani and Mr.Sameer Nandwani, Advocates. versus ALPANA KHANDHWAY & ORS ..... Respondents Through Mr.Ashok Popli, Advocate for R-1 & 2. Mr.Shoumik Mazumdar, Advocate for R-6. + MAC.APP. 1092/2011 ALPANA KANDHWAY & ANR ..... Appellants Through Mr.Ashok Popli, Advocate versus BAJRANJ BALI TRANSPORT CO & ORS ..... Respondents Through Mr.Shoumik Mazumdar, Advocate for R-2. Mr.Manish Kaushik, Advocate for Mr.K.L.Nandwani and Mr.Sameer Nandwani, Advocates for R-4. + MAC.APP. 991/2011 NATIONAL INSURANCE CO LTD ..... Appellant Through Mr.Shoumik Mazumdar, Advocate. versus ALPANA KHANDHWAY & ORS ..... Respondents Through Mr.Ashok Popli, Advocate for R-1 & 2. Mr.Manish Kaushik, Advocate for Mr.K.L.Nandwani and Mr.Sameer Nandwani, Advocates for R-4. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NA...

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Nov 27 2014 (HC)

M/S National Highways Authority of India Vs. M/S Ssangyong Engineering ...

Court: Delhi

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 1208/2014 M/S NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Petitioner Through: Ms.Tanu Priya Gupta, Adv. versus % M/S SSANGYONG ENGINEERING & CONSTRUCTION CO LTD ..... Respondent Through: Mr. Navin Kumar, Ms. Rashmeet Kaur and Ms. R. Joshi, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER ORDER2711.2014 IA No.19623/2104 (Exemption) Allowed subject to just exceptions. OMP No.1208/2014 1. The short issue which has been raised by the petitioner while laying a challenge to the award dated 16.06.2014, passed by the arbitral tribunal, is that, the direction issued to reimburse the entry tax imposed on the respondent on account of its hike from 1% to 27% by the State of Madhya Pradesh, along with interest, is contrary to the provisions of the contract.2. In order to appreciate the contours of the controversy involved in the present case, the following facts need to be noticed. 2.1 The petitioner had invited global bids for construction of f...

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Nov 27 2014 (HC)

Pradeep Mullick Vs. Sher Singh and Ors

Court: Delhi

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + % MAC.APP. 33/2010 Date of decision:27.11.2014 PRADEEP MULLICK Through: ..... Appellant Mr. Sanjeev Srivastava, Advocate versus SHER SINGH & ORS Through: ..... Respondents Ms. Manjusha Wadhwa, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) 1. The present appeal is filed by the claimant seeking release of the compensation as per award passed by the Tribunal dated 14.07.2009.2. The brief facts are that the appellant Pradeep Mullick on 21.04.1997 while riding his two wheeler scooter was going from Rohini to his office at Srinivaspuri, New Delhi. When the appellant was standing at the signal at Naraina Chowk on Ring Road, New Delhi waiting for the signal to turn green suddenly a blue line bus driven by respondent no.1 rashly, negligently and recklessly at a very high speed, without blowing any horn hit some scooterists including the appellant, some cyclists and another bus. The appellant suffered injuries.3. Ba...

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Nov 27 2014 (HC)

Pradeep Chhabra Vs. Indian Oil Corporation and Anr.

Court: Delhi

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:27. 11.2014 W.P.(C) 2485/2013 PRADEEP CHHABRA ..... Petitioner versus INDIAN OIL CORPORATION AND ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Harish Pandey with Mr Manish Kr. and Mr Mayank Upadhayay. For the Respondents : Mr V.K. Koura with Ms Paramjeet Benipal for R-1. Ms Prema Priyadarshini for R-2. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J (ORAL) 1. The petitioner impugns a circular bearing No.2003/HR/46 dated 23.7.2003 inasmuch as it denies the benefit of medical facilities to employees resigning from the services of the respondent corporation after the said cut off date.2. Prior to the impugned circular any person who had resigned from services with the consent of the respondent corporation, after attaining the age of 50 years and after rendering minimum 20 years service, was eligible for joining a contributory scheme floated by the respondent corporation for p...

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Nov 27 2014 (HC)

Hi-speed Movers Pvt Ltd. Vs. Govt. of Nct Delhi and anr.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: November 27, 2014 + W.P.(C) 3474/2012 & & CM No.12289/2013 HI-SPEED MOVERS PVT LTD. Represented by: ..... Petitioner Mr.Gurpreeet Singh Sethi, Advocate. Versus GOVT. OF NCT DELHI AND ANR. ..... Respondents Represented by: Mr. Dhanesh Relan and Mr. Arush Bhandari, Advocates for Respondent No.1. Mr.Ajit Singh, Advocate for Respondent No.2. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.W.P.(C) 3474/2012 1. Vide the present petition, the petitioner seeks setting aside of the award dated 21.03.2012 passed by the learned Presiding Officer of Labour Court-XIX, Karkardooma Courts, Delhi in I.D. No.260/2009 and LIR No.245/2011.2. Vide order dated 30.05.2012 passed in C.M. No.7326/2012, this Court stayed the reinstatement of the respondent No.2/workman, however, declined to stay the operation of the impugned award directing the payment of back wages to the respondent No.2 on the ground that no irreparable loss is going to...

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Nov 27 2014 (HC)

Anita Saini and ors Vs. Delhi University and anr

Court: Delhi

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h November, 2014 % + LPA No.956/2013 AMIT KUMAR + + + + ..... Appellant Through: Mr. Umesh Sharma, Adv. Versus DELHI UNIVERSITY & ANR ..... Respondents Through: Mr. Mohinder Jit Singh Rupal, Adv. AND LPA No.189/2014 RAID HODA ..... Appellant Through: Mr. Umesh Sharma, Adv. Versus DELHI UNIVERSITY & ANR ..... Respondents Through: Mr. Mohinder Jit Singh Rupal, Adv. AND LPA No.210/2014 ARCHANA KRISHNAN ..... Appellant Through: Mr. Umesh Sharma, Adv. Versus DELHI UNIVERSITY & ANR ..... Respondents Through: Mr. Mohinder Jit Singh Rupal, Adv. AND LPA No.211/2014 SHAGUFTA HUSSAIN ..... Appellant Through: Mr. Umesh Sharma, Adv. Versus DELHI UNIVERSITY & ANR ..... Respondents Through: Mr. Mohinder Jit Singh Rupal, Adv. AND LPA No.213/2014 AMIT DIXIT ..... Appellant Through: Mr. Umesh Sharma, Adv. Versus DELHI UNIVERSITY & ANR ..... Respondents Through: Mr. Mohinder Jit Singh Rupal, Adv. + AND LPA No.214/2014 RISHI KANWAR Through: + +...

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Nov 27 2014 (HC)

Sunder Singh and anr Vs. State (Govt. of Nct)

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1097 of 2014 & CRL.M.A. Nos. 10282, 10283 of 2014 (for suspension of sentences) Reserved on: November 24, 2014 Delivered on: November 27, 2014 SUNDER SINGH & ANR ..... Appellants Through: Mr. Sundeshwar Lal with Mr. Rahul Tyagi, Advocates. versus STATE (GOVT. OF NCT) ..... Respondent Through: Mr. Rajat Katyal, APP. CORAM: JUSTICE S. MURALIDHAR JUDGMENT2711.2014 1. This appeal is directed against the impugned judgment dated 3rd June 2014 passed by the learned Additional Sessions Judge (ASJ) in Session Case No.18 of 2011 arising out of FIR No.304 of 2010 registered at Police Station (PS) Geeta Colony, Delhi convicting the Appellants, Sunder Singh and Vinod, for the offence under Sections 304 (Part-II), 323 and 34 Indian Penal Code, 1860 (IPC) and the order on sentence dated 7th June 2014 whereby both of them were sentenced to undergo rigorous imprisonment (RI) of five years with fine of Rs.10,000 each and in default, to undergo six months SI...

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Nov 27 2014 (HC)

Jatinder Singh Madan @ J.S.Madan Vs. Union of India and ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 532 of 2008 & Crl.M.A. No.7563 of 2008 (for stay) Reserved on: November 20, 2014 Decision on: November 27, 2014 JATINDER SINGH MADAN @ J.S.MADAN ..... Appellant Through: Ms. Sangita Bhayana, Advocate. versus UNION OF INDIA & ORS ..... Respondents Through: Ms. Rajdipa Behura with Ms. Monica Gupta, Advocates. And CRL.A. 573 of 2008 & Crl.M.A. No.8034 of 2008 (for stay) SATBINDER SINGH MADAN @ S.S. MADAN ..... Appellant Through: Ms. Sangita Bhayana, Advocate. versus UNION OF INDIA & ORS ..... Respondents Through: Ms. Rajdipa Behura with Ms. Monica Gupta, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT2711.2014 1. These two appeals are directed against the common order dated 17 th April 2008 passed by the Appellate Tribunal for Foreign Exchange (AT) dismissing Appeal Nos. 195 of 2005 and 196 of 2005 filed by Mr. Jatinder Singh Madan @ J.S. Madan (Appellant in Criminal Appeal No.532 of 2008) and by Mr. Satbinder Singh Madan @ S.S. Madan (Appel...

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Nov 27 2014 (HC)

Pradeep Vs. State (Govt. of Nct) Delhi

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision : November 27, 2014 + CRL.A. 130/2012 PRADEEP Represented by: ..... Appellant Ms.Saahila Lamba, Adv. versus STATE (GOVT. OF NCT) DELHI Represented by: ..... Respondent Mr.Lovkesh Sawhney, APP with Girdhari Lal, Intelligence Officer, NCB Sub-zone Ajmer. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Suspicion howsoever grave cannot be treated as proof and to base a conviction for offence under Section 302 and 201 IPC the prosecution is required to prove beyond reasonable doubt that the accused not only committed murder of the deceased but also caused disappearance of the evidence of crime. This onus of the prosecution can be discharged either by leading direct evidence or circumstantial evidence. However, in the present case the learned Trial Court failed to notice that neither by direct evidence nor circumstantial, the prosecution has been able to prove that Pradeep committed mu...

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