Delhi Court November 2014 Judgments
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Harish Malik Vs. State and Ors
Court: Delhi
Decided on: Nov-28-2014
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3701/2014 HARISH MALIK Through: ..... Petitioner Mr. Sunil Kumar Bhatt, Advocate versus STATE & ORS Through: ..... Respondents Ms. Nishi Jain, APP for State with SI Bhoop Singh, PS CR Park R-2 in person CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA ORDER % 28.11.2014 1. This petition seeks quashing of FIR No.153/2013 registered under Sections 392/397 IPC at Police Station CR Park on 06.06.2013 on the ground that the matter has been settled between the parties.2. Notice in the matter was issued on 22.08.2014. Counsel for the State, as well as for counsel for the second respondent, had entered appearance and accepted the notice. Today, the complainant/respondent No.2 is present in person.3. It is stated that the aforesaid FIR came to be lodged at the instance of the complainant under Section 392/397 IPC as a result of an incident that is stated to have occurred at around 11 p.m. on 06.06.2013 when the petitioner is stated to ha...
Wasim Vs. State
Court: Delhi
Decided on: Nov-28-2014
* 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...
Union of India and Ors Vs. Kushal Pal Singh
Court: Delhi
Decided on: Nov-28-2014
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:28. 11.2014 + W.P. (C) 2612/2014 C.M. Nos.5562 & 7618/2014 UNION OF INDIA & ORS ..... Petitioners Through: Mr. M.K. Bhardwaj, Advocate. versus KUSHAL PAL SINGH ..... Respondent Through: Mr. V.K. Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI S.RAVINDRA BHAT, J.1. The Union of India has preferred this petition under Article 226 of the Constitution of India questioning the order of the Central Administrative Tribunal (hereafter referred to as CAT) dated 10.01.2014 in OA35692012. By the impugned order, the CAT set aside the penalty of dismissal imposed upon the respondent/applicant on 25.09.2009 (hereafter called the reinstatement with 50% back wages. "penalty") and directed his The CAT also issued other directions with regard to the period of services between the penalty order and date of its order.2. The applicant at the relevant time in 2007 was working as Saving Bank Counter Ass...
National Insurance Co Ltd Vs. As Kutty and
Court: Delhi
Decided on: Nov-28-2014
$~A-3 and A-4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. 11.2014 + MAC.APP. 235/2005 NATIONAL INSURANCE CO LTD ..... Appellant Through Mr.Nitesh, Adv. versus AS KUTTY & OTHERS ..... Respondent Through Mr.S.N.Parashar, Adv. + MAC.APP. 419/2005 Through ..... Appellant Mr.S.N.Parashar, Adv. Through ..... Respondent Mr.Nitesh, Adv. AS KUTTY versus SACHIN KUMAR CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. The present appeal impugns the Award passed by the Tribunal dated 20.12.2004. The Insurance Company has filed MAC.App.No.235/2005 seeking to challenge the compensation awarded. The claimant has filed MAC.APP.No.419/2005 seeking to enhance the compensation awarded.2. The background facts which led to filing of the claim petition filed by the claimant Shri A.S.Kutty are that on 27.3.1999 the claimant was travelling on a two wheeler scooter from Connaught Place to Rohini. The scooter was being driven for one Mr.Pramod Kumar Pathak whereas the claimant wa...
The Management of M/S Jai Jawan Gas Service Vs. Sudhir Singh
Court: Delhi
Decided on: Nov-28-2014
$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:28. h November, 2014 + W.P.(C) 8348/2014 THE MANAGEMENT OF M/S JAI JAWAN GAS SERVICE ..... Petitioner Represented by: Mr. B.K. Pandey, Adv. versus SUDHIR SINGH ..... Respondent Represented by: NEMO. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide present petition, the petitioner has assailed the order dated 17.10.2014, whereby the ld. Tribunal dismissed the application of the petitioner for taking on record fresh written statement to the claim petition filed by the workman.2. The notice of the claim petition to the petitioner Management to put its appearance was issued on 24.09.2013. Sh. Anjanee Kumar, AR of the Management appeared on 26.11.2013 and sought time to file the written statement, which was allowed.3. On 12.12.2013, fresh authority letter was filed on behalf of the petitioner Management and further time was sought to file the written statement, which was allowed subject to cost of Rs.300...
Reliance Gen Ins Co Ltd Vs. Bimla Singhla and ors
Court: Delhi
Decided on: Nov-28-2014
$~A-42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28.11.2014 + MAC.APP. 1043/2014 & CM No.18796-18798/2014 RELIANCE GEN INS CO LTD ..... Appellant Through Ms.Shantha Devi Raman, Advocate versus BIMLA SINGHLA & ORS ..... Respondent Through Mr.Yash Pal Sharma, Advocate for R-1 to R-3 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) % 1. The present appeal arises pursuant to an Award dated 30.6.2014 which was later on modified vide order dated 21.8.2014. The compensation petition was filed based on an accident that took place on 30.8.2012. The deceased Shri Satpal was going on his motorcycle after closing his shop at Mangolpuri. At Peer Baba, Mangolpuri the motorcycle was hit by one Gramin Seva stated to be driven at a very fast speed in a rash and negligent manner. Shri Satpal expired due to the injuries sustained by him in the accident.2. The controversy centres around the compensation awarded to dependents of the deceased. The Tribunal has awarded the follow...
Harish Malik Vs. State and ors
Court: Delhi
Decided on: Nov-28-2014
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3701/2014 HARISH MALIK Through: ..... Petitioner Mr. Sunil Kumar Bhatt, Advocate versus STATE & ORS Through: ..... Respondents Ms. Nishi Jain, APP for State with SI Bhoop Singh, PS CR Park R-2 in person CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA ORDER % 28.11.2014 1. This petition seeks quashing of FIR No.153/2013 registered under Sections 392/397 IPC at Police Station CR Park on 06.06.2013 on the ground that the matter has been settled between the parties.2. Notice in the matter was issued on 22.08.2014. Counsel for the State, as well as for counsel for the second respondent, had entered appearance and accepted the notice. Today, the complainant/respondent No.2 is present in person.3. It is stated that the aforesaid FIR came to be lodged at the instance of the complainant under Section 392/397 IPC as a result of an incident that is stated to have occurred at around 11 p.m. on 06.06.2013 when the petitioner is stated to ha...
M/S Disha Investment Centre (P) Ltd. and anr. Vs. S.N. Mittal S/O Late ...
Court: Delhi
Decided on: Nov-28-2014
* + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 1093/2013 and C.M. No.16140/2013 (stay) 28th November, 2014 % M/S DISHA INVESTMENT CENTRE (P) LTD. AND ANR. ......Petitioners Through: Mr. Rajiv Garg, Advocate. VERSUS S.N. MITTAL S/O LATE SH. RAM DASS ...... Respondent Through: Mr. Upender Gupta, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Since four separate prayers were made in this petition, and which is clearly unacceptable in law inasmuch as the four separate orders/judgments are the main judgment dated 29.1.2013 decreeing the suit under Order XXXVII of the Code of Civil Procedure, 1908 (CPC), a subsequent order dated 11.5.2011 dismissing an application under Order IX Rule 13 CPC, an order dated 9.12.2011 directing issuing of attachment warrants against movable properties and lastly the order dated 29.7.2013 ordering issuance of arrest warrants, counsel for the petitioner has conceded that this petition b...
United India Insurance Co Ltd Vs. Stephan Baroi and ors
Court: Delhi
Decided on: Nov-28-2014
$~A-39 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28.11.2014 + MAC.APP. 1078/2014 & CM Nos.19522-19523/2014 UNITED INDIA INSURANCE CO LTD ..... Appellant Through Ms.Suman Bagga and Mr.Saral Chaturvedi, Advocates Versus STEPHAN BAROI & ORS Through ..... Respondent CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. The facts which led to filing of the claim petition and the appeal are that on 16.5.2008 respondent No.1 was trying to board a DTC bus. The driver started the bus suddenly. In the process respondent No.1 fell down and suffered grievous injuries. Hence, the claim petition was filed.2. The Tribunal has passed the impugned award on 13.10.2014. The issue raised pertains to the compensation awarded to respondent No.1.3. Based on the evidence on record, the Tribunal awarded the following compensation:- 1. Towards future loss of income Rs.2,32,927.00 2. Towards pain and sufferings Rs.70,000.00 3. Towards servant/attendant Rs.30,000.00 4. Loss of Amenities...
Rohit Kumar and ors Vs. State (Govt of Nct of Delhi) and anr
Court: Delhi
Decided on: Nov-28-2014
$~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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