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Delhi Court November 2014 Judgments

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Nov 18 2014

Smt. Nirmala Handa Vs. Smt. Krishna Kaura (Now Deceased) Through Her L ...

Court: Delhi

Decided on: Nov-18-2014

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO1482014 Reserved on 12th November, 2014 Decided on 18th November, 2014 SMT. NIRMALA HANDA Through ..... Appellant :Mr. Sanjeev Anand, Mr. Abhas Kumar, Mr. Arush Khanna and Mr. Subham Tripathi, Advs. versus SMT. KRISHNA KAURA (NOW DECEASED) THROUGH HER LRS & ANR. ..... Respondents Through :Mr. Jayant Mehta and Mr. Sukant Vikram, Advs. for R-1(i) & (ii) CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(ORAL) 1. Respondent No.1(i) and (ii) are sons of deceased respondent No.1 and Late Shri J.L. Kaura (testator); whereas appellant is daughter of Late Shri J.L. Kaura from his first marriage. Respondent No.1 Smt. Krishna Kaura propounded a Will dated 13th December, 1994 (Ex. PW2/1) of Late Shri J.L. Kaura before the trial court and prayed for grant of probate of the said Will. Appellant challenged the Will by filing objections and opposed the grant of probate. During the pendency of probate petition, Smt. Krishna Kaura died and responden...


Nov 18 2014

Mahesh Chand Vs. Sumnesh Kumar Chaturvedi

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.455/2014 18th November , 2014 % MAHESH CHAND Through: ......Petitioner Mr. Krishan Kumar and Mr. Deepak Vohra, Advocate. VERSUS SUMNESH KUMAR CHATURVEDI ...... Respondent Through: Mr. N.S.Negi, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. (Yes) VALMIKI J.MEHTA, J (ORAL) 1. This petition under Article 227 of the Constitution of India impugns the order of the trial court dated 22.2.2014 by which the trial court has dismissed the suit on the ground that the suit is barred under Order IX Rule 8 of the Code of Civil Procedure, 1908 (CPC).2. The subject suit is a suit for recovery of possession of flat no.2077, DDA Janta Flats, GTB Enclave, Delhi-110093. Petitioner-plaintiff purchased the suit property from one Smt. Devki; who was the mother of the defendant; through registered documents dated 10.2.2006 being agreement to sell, power of attorney, Will etc. The case of the respondent-defendant ...


Nov 18 2014

Laxman Singh Vs. Union of India and Ors.

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:18. 11.2014 % W.P.(C) 6935/2012 LAXMAN SINGH ..... Petitioner Through: Mr. G.D. Bhandari, Advocate. versus UNION OF INDIA AND ORS Through: ..... Respondents Mr. J.K. Singh, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI S. RAVINDRA BHAT, J.(OPEN COURT) 1. The petitioner is aggrieved by the order of the Central Administrative Tribunal (CAT/ Tribunal) dated 02.05.2012 dismissing O.A. No.1546/2011. In that application, he had questioned the rejection of the revision, preferred by him consequent upon his acquittal recorded by the Criminal Court in the proceedings launched against him in the aftermath of a fatal accident, which resulted in loss of lives. The Criminal Courts judgement was rendered on 21.11.2008.2. The facts are that the petitioner was working as Diesel Assistant when on 15.12.1992 in an accident, between two stations Munda Pandey and Rampur, several people died; they were tra...


Nov 18 2014

Sumita Verma and Anr Vs. The State and Anr

Court: Delhi

Decided on: Nov-18-2014

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5207/2014 SUMITA VERMA & ANR Through: ..... Petitioners Mr. O.P. Bharti, Advocate with petitioners in person versus THE STATE & ANR Through: ..... Respondents Mr. P.K. Mishra, APP for State with SI Anil Kumar, PS Dwarka South R-2 in person along with her mother CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) CRL.M.A. No.17819/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 5207/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.60/2012 registered under Section 374/34 IPC and read with Section 23 of the Juvenile Justice Act, at Police Station Dwarka South, on the ground that the matter has been amicably settled between the parties.2. Issue notice.3. Mr.P.K. Mishra, Additional Public Prosecutor for the State enters appearance and accepts notice. The second respondent/complainant, namely, Gangotri Kumari...


Nov 18 2014

Kuldeep Singh Vs. Commissioner of Police and Ors.

Court: Delhi

Decided on: Nov-18-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4865/2012 & CM No.9966/2012 KULDEEP SINGH ..... Petitioner versus COMMISSIONER OF POLICE AND ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Gurdeep Singh. For the Respondents : Mr Mohammad Shariq, for R-1 & 3. Mr Debojyoti Bhattacharya for Mr Joydeep Mazumdar, for R-4. Mr Abhay Prakash Sahay, CGSC with Mr Amit Kishore Sinha. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J (ORAL) 1. The petitioners filed the present petitioner, inter alia, praying as under:(ii) Quash/stay the eviction notice dated 28.10.2011 issued by the Respondent No.1 vide its letter No.19188/QAC-IV/PHQ dated 28.10.2011 and letters dated 12.07.2012 & 31.07.2012 for eviction proceedings. (iii) Direct the Respondent No.2 to regularize the Govt. Qtr. No.840, type-II, Sector-III, R.K. Puram, New Delhi in the name of Petitioners wife Smt. Maya Rani. 2. Essentially, the petitioner claims tha...


Nov 18 2014

Sports and Leisure Apparel Ltd. Vs. Mcd and Anr.

Court: Delhi

Decided on: Nov-18-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4436/2010 & CM No.9944/2011 SPORTS & LEISURE APPAREL LTD. versus MCD AND ANR. ..... Petitioner ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Sandeep Sethi, Mr Vinay K. Garg, Sr. Advocate with Mr Lalit Gupta, Ms Payal Gupta, Ms Garima Goel, Mr Ashish Kumar, Advocates. For the Respondents : Mr H. S. Phoolka, Sr. Advocate with Ms Mini Pushkarna, Ms Shilpa Dewan and Ms Yoothica Pallavi for respondent/MCD. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner inter alia impugns an order dated 24.06.2010 (hereafter the impugned order) passed by the Officer on Special Duty of the Municipal Corporation of Delhi (MCD),imposing damages at the rate of `7,36,000/- per month w.e.f. April 2010 for displaying an advertisement in contravention of the MCDs Outdoor Advertisement Policy, 2007 (hereafter the Outdoor Policy). It was further held the advertisement wa...


Nov 18 2014

M/S. Shiv Dayal Mal Mauji Ram Vs. Dhanpat Rai and Ors.

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC. REV.No.178/2014 18th November, 2014 % M/S. SHIV DAYAL MAL MAUJI RAM ..... Petitioner Through: Mr. Kirti Uppal, Senior Advocate with Mr. Anil K. Pruthi, Advocate. Versus DHANPAT RAI AND ORS. Through: ..... Respondents Mr. Vijay Pandey, 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 is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) impugning the judgment of the Rent Controller (RC) dated 11.2.2014 by which the RC has dismissed the leave to defend application filed by the petitioner/tenant and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to the tenanted shop forming part of property bearing no.2914, Bahadur Garh Road, Teliwara, Delhi-110006.2. Respondents/landlords filed the bonafide necessity eviction petition stating th...


Nov 18 2014

Varun Srivastava Vs. State and Anr.

Court: Delhi

Decided on: Nov-18-2014

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. h November, 2014 BAIL APPLN. 2333/2014 VARUN SRIVASTAVA Through: versus STATE & ANR. Through: + BAIL APPLN. 2455/2013 RAJAN PRAKASH Through: ..... Petitioner Mr. Avinash Trivedi, Advocate ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State along with SI Narsingh, PS Aman Vihar Mr. Rishikesh Kumar and Ms. Neha Pratap, Advocates for complainant ..... Petitioner Mr. Rishikesh Kumar, Advocate versus STATE Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State along with SI Narsingh, PS Aman Vihar Mr. Rishikesh Kumar and Ms. Neha Pratap, Advocates for complainant CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Vide this common order, I shall dispose of two applications bearing bail application No.2333/2014 and 2455/2013 filed by Varun Srivastava and Rajan Prakash respectively seeking anticipatory bail in case FIR No.614/2013 u/s 186/353/332/506/...


Nov 18 2014

M/S National Heart Institute and Anr. Vs. Government of National Capit ...

Court: Delhi

Decided on: Nov-18-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on: November 18, 2014 W.P.(C) 7779/2013& CM No.16548/2013 (for stay) M/S NATIONAL HEART INSTITUTE & ANR. ..... Petitioners Represented by: Mr.Satyakam, Advocate with Mr. S.K. Shailly, General Manager ( F & L) of the Petitioners. Versus GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI (LOBOUR) AND ORS. ..... Respondents Represented by: Mr.Dheeraj Kaushik for Ms. Raavi Birbal, Advocate for Respondent No.1. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.W.P.(C) No.7779/2013 1. The present petition is directed against the order dated 06.09.2013, whereby the Learned Tribunal dismissed the application filed by the petitioners under Section 151 CPC.2. Brief facts of the case are that vide order dated 01.04.2010 services of the respondent No.2/workman was terminated after holding a departmental enquiry. Vide order dated 11.11.2009, Under Secretary (Labour) referred the following question to the Labour Court for adjudica...


Nov 18 2014

Chanderlekha Solomon Vs. Govt of Nct of Delhi and Ors

Court: Delhi

Decided on: Nov-18-2014

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4422/2014 CHANDERLEKHA SOLOMON .... Petitioner versus GOVT OF NCT OF DELHI AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr B.S. Maan and Mr Vishal Maan, Advocates For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for R-1 & R-2 Mr Arjun Pant, Advocate for R-3 CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioner seeks the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding, which is the subject matter of the present writ petition, ought to be deemed to have lapsed in view of Section 24(2) of the 2013 Act.2. The Award under the La...


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