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Delhi Court November 2014 Judgments

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Nov 21 2014

Feroz Alam and ors. Vs. Muzzaiyana Parveen and ors.

Court: Delhi

Decided on: Nov-21-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 21, 2014 + RSA3542014 FEROZ ALAM & ORS. Through: ..... Appellants Mr. L.S. Chaudhary, Mr. Ajay Chaudhary, Ms. Pratibha Gupta, Mr. Mahesh Tripathi & Ms. Ritu Gautam, Advocates versus MUZZAIYANA PARVEEN & ORS. ..... Respondents Through: Mr. Amresh Kumar, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL % Caveat No.1031/2014 Respondent is represented through counsel. Caveat stands discharged. RSA3542014 & C.M.No.19175/2014 & C.M.No.19176/2014 The concurrent findings returned by both the courts below are that respondent-plaintiff is entitled to suit for possession, rendition of accounts etc. The factual matrix of this case already stands noted by the trial court in the impugned judgment and needs no reiteration. At the hearing, it was submitted by learned counsel for appellantsRSA No.354/2014 Page 1 defendants that parties are related to each other and the dispute inter se parties can be mediated upon. Coun...


Nov 21 2014

Attar Singh Vs. State

Court: Delhi

Decided on: Nov-21-2014

$~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...


Nov 21 2014

Mukesh Kumar Vs. Pushpa Rani

Court: Delhi

Decided on: Nov-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 21, 2014 + RSA3512014 & C.M. No.19135-36/2014 MUKESH KUMAR Through: ..... Appellant Ms. Seema Gupta, Advocate versus PUSHPA RANI ..... Respondent Through: Nemo. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % The concurrent findings returned against the appellant are that he is a licensee in the suit property. The courts below have directed appellant to vacate the suit property. The factual background of this case stands noted in the impugned judgment and needs no reiteration. The question raised in this second appeal is as to whether the appellant was a tenant or a licensee in the suit premises. Learned counsel for appellant contends that appellant was a tenant and the tenancy was oral and the appellant was in possession of the suit property since the year 2001. Attention of this Court was drawn to page No.162 onwards of the paper book to show that the appellant is in possession of the suit property. It is po...


Nov 21 2014

C.E. Constructions Ltd. and anr. Vs. Intertoll Ics India (P) Ltd. and ...

Court: Delhi

Decided on: Nov-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:17. 11.2014 Judgment delivered on:21. 11.2014 % + OMP1282/2014 C.E. CONSTRUCTIONS LTD. AND ANR. ..... PETITIONERS VERSUS INTERTOLL ICS INDIA (P) LTD. AND ORS. ..... RESPONDENTS Advocates who appeared in this case: For the Petitioners : Mr. Deepak Khosla, Advocate For the Respondents: Mr. Balaji Subramanium, Ms. Jasleen K. Oberai, Ms. Surbhi Mehta and Mr. Ayud Sharma, Advocates for R-8 Mr. Jos Chiramel and Mr. Ramesh Kumar, Advocates for R-9 CORAM: HONBLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.1. This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996 (in short the Act) which came up for hearing on urgent basis during vacations. At that stage, while issuing notice, as a protem measure, respondent no.8 was directed to maintain status quo as of that date as regards funds, if any, received pursuant to settlement with the National Highways Authority of India (hereinafter referred to as NHAI)....


Nov 21 2014

Ravi Dutt Sharma Vs. Darshan Lal and ors.

Court: Delhi

Decided on: Nov-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: November 21, 2014 + RSA3532014 RAVI DUTT SHARMA Through: ..... Appellant Mr. R.P. S. Bhagai, Advocate versus DARSHAN LAL & ORS. Through: ..... Respondents Nemo. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % C.M. No.19146/2014 There is delay of 720 days in re-filing the accompanying appeal. The averments made in the application are supported by affidavit of the counsel. The application is allowed and delay in re-filing is condoned. RSA3532014 Appellant-plaintiffs suit for declaration regarding Sale Deed of 26th December, 1995 being null and void and the consequential injunction stands dismissed by the trial court and in the first appeal, appellantplaintiffs suit was partly allowed on issue No.3 regarding proper valuation of this suit. The factual background of this case stands noted in the impugned judgment and needs no reiteration. At the hearing, the argument raised by counsel for appellant is that RSA No.353/2014 P...


Nov 21 2014

Vidya Devi Vs. State

Court: Delhi

Decided on: Nov-21-2014

$~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...


Nov 21 2014

Suraj Chaudhary Vs. the Govt. of Nct of Delhi and ors

Court: Delhi

Decided on: Nov-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. 11.2014 W.P.(C) 7977/2014 DES RAJ ..... Petitioner versus GOVT. OF NCT OF DELHI & ORS + ..... Respondents W.P.(C) 7983/2014 SURAJ CHAUDHARY ..... Petitioner versus THE GOVT. OF NCT OF DELHI & ORS ..... Respondent Advocates who appeared in this case: For the Petitioners : Mr Roshan Lal Goel For the Respondent Nos. 1, 2 & 4 : Mr Amiet Andlay with Mr Prem Mishra CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE JAYANT NATH JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM186982014 in WP(C) 7977/2014 & CM187042014 in WP(C) 7983/2014 Allowed subject to all just exceptions. WP(C) 7977/2014 & CM186972014 and WP(C) 7983/2014 & CM187032014 1. We have heard the learned counsel for the parties. Mr Amiet Andlay appears on behalf of the respondent Nos. 1, 2 and 4 on advance notice. The learned counsel for the petitioner states that the respondent No.3 Delhi Transport Corporation is not a necessary party and requests that the...


Nov 21 2014

Mohd. Naved Yar Khan Vs. State of Nct of Delhi

Court: Delhi

Decided on: Nov-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. No.4165/2014 Date of decision:21. t November, 2014 MOHD. NAVED YAR KHAN ..... Petitioner Through: Mr.Ranjan Roy, Adv. versus STATE OF NCT OF DELHI Through: ..... Respondent Mr. Yogesh Verma, APP for the State. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH VED PRAKASH VAISH, J.(ORAL) 1. By this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereafter referred to as Cr.P.C) the petitioner has assailed the order dated 09.07.2014 passed by learned Additional Session Judge (Central-5), Tis Hazari Court, Delhi whereby criminal revision filed by the petitioner was dismissed.2. In nutshell, the facts of the present case are that a Kalandra under Sections 28/112 of Delhi Police Act, 1978 vide DD No.28 dated 08.12.2006 registered at P.S. Chandni Chowk was issued against the petitioner for running guest house without a licence. Thereafter, the petitioner moved an application under Section 258 Cr.P.C. to stop the proceedings....


Nov 21 2014

Smt. Sudershana Kumari Blagan Vs. Smt. Tulsan Devi Decd Thru Lrs and o ...

Court: Delhi

Decided on: Nov-21-2014

$~25 to 27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RSA1712011 & Conn. 21st November, 2014 % +RSA1712011 SMT. SUDERSHANA KUMARI BLAGAN Through: ..... Appellant Ms. Tamali Wad and Mr. Yogendra Kumar, Advs. Versus SMT. TULSAN DEVI DECD THRU LRS & ORS ..... Respondents Through: Mr.K.S.Pathania, Adv. for R-1. Mr. Ashish Mohan, Adv. for Mr. Anshumalee Sood through L.Rs. + RSA1722011 SMT. SUDERSHANA KUMARI BLAGAN Through: ..... Appellant Ms. Tamali Wad and Mr. Yogendra Kumar, Advs. Versus SMT. TULSHAN DEVI THR LRS & ORS ..... Respondents Through: Mr.K.S.Pathania, Adv. for R-1. Mr. Ashish Mohan, Adv. for Mr. Anshumalee Sood through L.Rs. + RSA1732011 SMT. SUDERSHANA KUMARI BLAGAN ..... Appellant Through versus SHRI. ANSHUMALEE SOOD & ANR ..... Respondents Through: Mr. Ashish Mohan, Adv. for Mr. Anshumalee Sood through L.Rs. Mr.K.S.Pathania, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes. VALMIKI J.MEHTA, J (ORAL) CM No.19063/2014 (U/o 2...


Nov 21 2014

Late Sh. Purshottam Dass (Since Deceased) Through Vs. Sh. Jagmohan Gol ...

Court: Delhi

Decided on: Nov-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC. REV.No.586/2012 21st November, 2014 % LATE SH. PURSHOTTAM DASS (SINCE DECEASED) THROUGH HIS LEGAL HEIRS ..... Petitioners Through: Mr. Rajender Kumar, Advocate with Sh. Tulsi Dass on behalf of the legal heirs. Versus SH. JAGMOHAN GOLA Through: ..... Respondent Mr. Pramod Kumar Singhal, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This rent control revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) is filed by the petitioners/tenants impugning the judgment of the Additional Rent Controller dated 30.5.2012 which has dismissed the leave to defend application filed by the petitioners/tenants and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to the tenanted premises being one room on the ground floor of the premises bearing no.613, Gali Kundey Walan,...


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