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Delhi Court November 2014 Judgments

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Nov 28 2014 (HC)

Narcotics Control Bureau Vs. Chen Ching Sung

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No.1267 of 2014 Reserved on:20. h November 2014 Decision on:28. h November 2014 NARCOTICS CONTROL BUREAU ..... Appellant Through: Mr. Subhash Bansal with Mr. Shashwat, Advocates. versus CHEN CHING SUNG ..... Respondent Through: Ms. Nikita Sharma, Advocate with Respondent in person. CORAM: JUSTICE S. MURALIDHAR JUDGMENT2811.2014 1. This appeal by Narcotics Control Bureau (NCB) is directed against the judgment dated 31st May 2012 passed by the learned Special Judge, NDPS in SC No.8 of 2009 acquitting the Respondent of the offence under Sections 22 and 23 of the Narcotics Drugs & Psychotropic Substances Act, 1985 (NDPS Act). The case of the prosecution 2. The case of the prosecution is that Mr. R.R. Kumar (PW-7) Superintendent, NCB, received a secret information on 11 th October 2008 that the Respondent, a Taiwanese national, was likely to board a Malaysian Airlines for Kuala Lumpur that very night with a huge quantity of Methamphetamine (Met...

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Nov 28 2014 (HC)

Shriram General Insurance Co Ltd Vs. Smt Sudarshan Kumari and Ors

Court: Delhi

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:28. h November, 2014 + MAC.A. No.1151/2013 SHRIRAM GENERAL INSURANCE CO LTD ..... Appellant Represented by: Mr.K.L.Nandwani and Mr.Sameer Nandwani, Advs. Versus SMT SUDARSHAN KUMARI & ORS Represented by: ..... Respondents Ms.Kirti Sethi proxy counsel for Mr.J.P.N.Shahi, Adv. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the present appeal, the Appellant-Insurance Company assailed the award dated 24.08.2013 whereby the learned Tribunal awarded compensation of Rs.14,66,676/- with interest @ 7.5% per annum from the date of filing the claim petition till realisation of the compensation amount.2. Learned counsel appearing on behalf of the appellant has argued the sole ground that the respondent/claimant failed to establish the salary and employment of deceased Balwinder Singh who was 42 years of age at the time of accident. Despite, the learned Tribunal has added 30% in his actual income towards futur...

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Nov 28 2014 (HC)

Obinna Basil Anaebo @ Emmanuel Vs. State

Court: Delhi

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 434/2014 OBINNA BASIL ANAEBO @ EMMANUEL ..... Appellant Through: Ms. Sumi Anand and Mr. Arvinder Singh, Advocates. versus STATE Through: ..... Respondent Mr. P.K. Mishra, APP for the State with SI Sanjiv, PS Crime Branch. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) Crl. A. 434/2014 & Crl. M.B. 737/2014 and Crl. M.A. 18414/2014 1. The aforesaid appeal was admitted for hearing by this Court on 4th April, 2014 and the matter was directed to be listed in the week commencing 25th August, 2014 in the category of Regulars. Since the main appeal itself had been listed for final hearing on a fixed date, consequently, the prayer of the appellant for suspension of sentence was declined at that stage and it was further directed that in case the matter is not heard on that date then the appellants application for suspension of sentence will be considered.2. The present appeal has not been taken up for fin...

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Nov 28 2014 (HC)

Shriram General Insurance Co Ltd... Vs. Kamlesh and Ors(Reliance Gener ...

Court: Delhi

$~46 *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. 11.2014 + MAC.APP. 1082/2014 SHRIRAM GENERAL INSURANCE CO LTD... Appellant Through: Mr. Sameer Nandwani, Advocate versus KAMLESH & ORS(RELIANCE GENERAL INSURANCE CO LTD) ..... Respondents Through: None. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH,J.(ORAL) 1. The present appeal has been filed seeking to impugn the award dated 24.09.2014. The background facts are that on 11.09.2012, respondent no.1 was going on a motorcycle as a pillion rider. When he reached the flyover near Nand Nagri Depot, the motorcycle was hit from the side by a Gramin Sewa vehicle. As a result, respondent no.1 fell down. In the mean time one tempo ran over her leg. The appellant is the insurer of the tempo.2. The Tribunal noted that the respondent no.1 was a student and was 19 years of age. She was taking coaching in computer course but due to the injury sustained by her she could not work and her training in computer course suspended. The T...

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Nov 28 2014 (HC)

Rohit Kumar and Ors Vs. State (Govt of Nct of Delhi) and Anr

Court: Delhi

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5398/2014 ROHIT KUMAR & ORS Through ..... Petitioners Mr. Ajay Kumar, Advocate with petitioners. versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through Ms. Nishi Jain, Additional Public Prosecutor. Sub Inspector Saurabh Kumar, Crime (Women Cell). Complainant in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl.M.A. No.18428/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. Crl.M.C. No.5398/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.193/13 registered under Section 498-A, 406, 34 IPC, on 09.12.2013, on the ground that the matter has been settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor for the State, enter appearance and accepts notice. The complainant, who has been arrayed as respondent No.2 to this petition, is present in person and accepts not...

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Nov 28 2014 (HC)

Rajesh Sharma @ Gullu Vs. State and Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :26. h November, 2014 Pronounced on :28. h November, 2014 % + CRL.A. 848/2011 RAJESH SHARMA @ GULLU ..... Appellant Through : Ms. Saahila Lamba, Adv. versus STATE & ORS. Through : ..... Respondents Ms.Rajdipa Behura, APP for the State/R-1. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.1. The Appellant Rajesh Sharma @ Gullu has preferred this appeal impugning the judgment dated 28th May, 2011 and order on sentence dated 1st June, 2011 whereby he had been convicted for committing an offence under Section 376 IPC and sentenced to undergo R.I. for seven years as well fine of Rs.1000/-, in default, S.I. for one month.2. In brief, the prosecution case is that the PW1 complainant who happened to be mother of the Prosecutrix made a statement Ex.PW1/A to the effect that her daughter S(name withheld) aged 23 years had been missing from the house. S was mentally challenged and not even in a position to speak clearly. She tried to s...

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Nov 28 2014 (HC)

Merck Kgaa and Anr. Vs. La Lifescience Pvt. Ltd

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :13. h NOVEMBER, 2014 DECIDED ON :28. h NOVEMBER, 2014 + CS (OS) 2709/2011 MERCK KGAA AND ANR. ..... Plaintiffs Through : Mr.C.M.Lall, Advocate with Mr.Anuj Nair & Mr.Nancy Roy, Advocates. VERSUS LA LIFESCIENCE PVT. LTD Through : ..... Defendant None. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The plaintiffs have filed the present suit for permanent injunction restraining infringement of trademark and rendition of accounts, damages and delivery up, etc. against the defendant with the following prayers :a. A decree for permanent injunction restraining the Defendant, his servants, agents etc. from manufacturing, selling, offering for sale, advertising directly or indirectly dealing in pharmaceutical and medicinal preparations under the trade mark LAFLAM or any other trade mark deceptively and/or confusingly similar to the registered trademarks EXFLAM and EMFLAM under registration Nos. 471455 & 467598. b. A decree for delivery ...

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Nov 28 2014 (HC)

Satish Kumar Vs. Union Public Service Commission and Anr.

Court: Delhi

$~19 & 23. * IN THE HIGH COURT OF DELHI AT NEW DELHI + % Date of Decision:28. 11.2014 W.P.(C) 8319/2014 & CM APPL. 19276-19280/2014 SATISH KUMAR Through: ..... Petitioner Mr. Amit S Chadha, Sr. Adv. with Mr. Mohit Bakshi, Advocate versus UNION PUBLIC SERVICES COMMISSION & ANR.... Respondent Through: Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor, Advocate Mr. Naresh Kaushik, Ms. Aditi Gupta and Ms. Amita Kalkal Chaudhary, Adv. for UPSC % W.P.(C) 8373/2014 & CM APPL. 19386-19389/2014 RITWIK RAJ SAXENA Through: .... Petitioner Mr. Debesh Panda, Ms. Amrita Panda and Ms. Shweta Sharma, Advocates versus UNION PUBLIC SERVICE COMMISSION & ANR...... Respondent Through: Mr. Arun Bhardwaj, CGSC Mr. Naresh Kaushik Ms. Aditi Gupta and Ms. Amita Kalkal Chaudhary, Adv. for UPSC CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI S. RAVINDRA BHAT, J.(OPEN COURT) 1. These petitioners claim to be aggrieved by a common order of the Central Administrative Tribunal (CAT/ Tribuna...

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Nov 28 2014 (HC)

Wasim Vs. State

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :28. h November, 2014 % + CRL.A. 740/2013 WASIM Through : ..... Appellant Counsel for the Petitioner. versus STATE Through : ..... Respondent Mr.Neeraj Kumar Singh, APP for the State. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.(Oral) 1. This criminal appeal has been filed by the Appellant impugning the judgment dated 21.02.2013 and order on sentence dated 22.02.2013 passed by the learned Addl. Sessions Judge, Delhi in Sessions Case No.47/2012 whereby the Appellant was convicted for committing the offence punishable under Section 376 IPC and sentenced to undergo RI for seven years with fine of Rs.10,000/- and in default, to undergo SI for six months.2. Briefly stating, the case FIR No.42/2012 under Section 363/376 IPC was registered at PS Chandni Mahal on the basis of complaint made by Mohd. Rukhsar. As per the complaint Ex.PW2/A, the Complainant Mohd. Rukhsar went to Police Station on 27.03.2012 and stated before...

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Nov 28 2014 (HC)

Arjun Madan and Anr. Vs. State and Anr.

Court: Delhi

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5439/2014 ARJUN MADAN & ANR. Through ..... Petitioners Mr. P. Roy Choudhary, Advocate with Petitioners. versus STATE & ANR. ..... Respondents Through Mr. P.K. Mishra, Additional Public Prosecutor. Mr. Prannoy Dey, Advocate with Complainant. Sub Inspector Rajesh Kumar, PS. B.K. Road. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) 1. This petition under Section 482 Cr.P.C. for quashing of FIR No.1162/2012 registered under Section 406, 498-A IPC on 27.12.2012 at police station Barakhamba Road, on the ground that the matter has been settled between the parties.2. Issue notice. Mr. P.K. Mishra, Additional Public Prosecutor for the State, and Mr. Prannoy Dey, Advocate for respondents No.2, enter appearance and accept notice. The complainant is also identified by the Investigating Officer, Sub Inspector Rajesh Kumar, Barakhamba Road.3. It is stated that the aforesaid FIR came to be lodged at the inst...

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