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Delhi Court November 2014 Judgments

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Nov 17 2014

Sanjeev Kumar and Anr Vs. State (Nct of Delhi) and Anr

Court: Delhi

Decided on: Nov-17-2014

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5173/2014 SANJEEV KUMAR & ANR Through: ..... Petitioners Mr. Kamal Nijhawan with Mr. Sumit Gaur, Advs. with petitioners in person versus STATE (NCT OF DELHI) & ANR ..... Respondents Through: Mr. P.K. Mishra, APP for the State. SI Subodh Panwar, P.S. Harsh Vihar. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) 1. This petition has been moved under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.49/2011 registered under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act at Police Station Harsh Vihar on 27.03.2011 on the ground that the matter has been settled between the parties 2. Issue notice.3. Counsel for the State enters appearance and accepts notice. The second respondent/complainant, Meena, is present in person. She is also identified by the Investigating Officer, Sub-Inspector Subodh Panwar, Police Station Harsh Vihar, who i...


Nov 17 2014

Smt. Santoshi and Ors Vs. Union of India

Court: Delhi

Decided on: Nov-17-2014

$~9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO2672014 Decided on 17th November, 2014 SMT. SANTOSHI & ORS Through: versus ..... Appellants Mr. S.N. Parashar, Adv. UNION OF INDIA Through: ..... Respondent Mr. V.K. Jain, Adv. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(ORAL) 1. Appellants are legal heirs of Late Shri Ram Nath. They filed a claim application before the Railway Claims Tribunal, Principal Bench, Delhi seeking compensation of `4 lacs in respect of death of Shri Ram Nath in relation to Firozpur Janta Express train. She alleged that on 8th October, 2012 deceased-Ram Nath was travelling from Tuglakabad Station to New Delhi Railway Station by Firozpur Janta Express when he accidentally fell down from the crowded compartment of the running train near Shivaji Bridge, Delhi due to heavy rush and sudden jerk. Deceased was rushed to RML Hospital where he died on 10:50 pm on the same day.2. Respondent alleged that deceased did not die in an untoward incident within the m...


Nov 17 2014

Union of India and Anr. Vs. Sudhanshu Kumar Khare and Ors.

Court: Delhi

Decided on: Nov-17-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:31. 07.2014 Pronounced on:17. 11.2014 + W.P.(C) 7370/2010, C.M. NOS.6770/2014, 8140/2014, 8169/2014 UNION OF INDIA AND ANR. ..... Petitioners Through: Sh. Sanjay Jain, ASG with Sh. Jasmeet Singh, Sh. Ruchir Mishra and Sh. Mukesh Kumar Tiwari, Advocates, for UOI. Versus SUDHANSHU KUMAR KHARE AND ORS. ..... Respondents Through: Respondent No.1 in person. Sh. Sidharth Luthra, Sr. Advocate with Ms. Supriya Juneja and Sh. Viraj Gandhi, Advocates, for Resp. Nos.5 and 7. Sh. G.D. Gupta, Sr. Advocate with Sh. Piyush Sharma, Advocates, for Resp. No.4. Sh. Naresh Kaushik, Advocate, for Resp. No.8/UPSC. Sh. Darpan Wadhwa, Sh. Arun Khatri and Ms. Roshni Namboodiry, Advocates, for Sh. D.S. Shukla/Applicant. Sh. Tarun Sharma with Ms. Boudh Prabha, Advocates, for Resp. Nos. 14, 33, 41, 47, 73 and 84. + W.P.(C) 7371/2010, C.M. NO.6771/2014 BHUPINDER KUMAR AND ORS. ..... Petitioners Through: Sh. Tarun Sharma and Ms. Boudh Prabha, Advocates. Versus U...


Nov 17 2014

Vicky Vs. State

Court: Delhi

Decided on: Nov-17-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 11, 2014 Judgment Delivered on: November 17, 2014 % + CRL.A. 297/2014 VICKY Represented by: ..... Appellant Mr.R.S.Malik, Advocate with Mr.Puneet Mahendru and Mr.Sahil Malik, Advocates versus STATE Represented by: ..... Respondent Mr.Lovkesh Sawhney, APP CRL.A. 299/2014 MOHAN LAL Represented by: ..... Appellant Mr.R.S.Malik, Advocate with Mr.Puneet Mahendru and Mr.Sahil Malik, Advocates versus STATE Represented by: ..... Respondent Mr.Lovkesh Sawhney, APP CRL.A. 1303/2014 STATE Represented by: ..... Appellant Ms.Aashaa Tiwari, APP for versus BUNTY @ RAJIV & ANR Represented by: CRL.A.No.297/2014 & conn.matters ..... Respondents Mr.R.S.Malik, Advocate with Mr.Puneet Mahendru and Mr.Sahil CORAM: HON'BLE MR. JUSTICE PARDEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PARDEEP NANDRAJOG, J.1. Appellants Mohan Lal and his son Vicky do not dispute that an incident took place at around 10:30 PM on July 30, 2011 involving the...


Nov 17 2014

Radhey Shyam Vs. Punjab and Sind Bank and Ors.

Court: Delhi

Decided on: Nov-17-2014

$~18. * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.7854/2014 Date of decision:17. h November, 2014 RADHEY SHYAM ..... Petitioner Through Mr. Sanjay Jain & Mr. Ashok Jain, Advocates. versus PUNJAB & SIND BANK & ORS. Through Nemo. ..... Respondents CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.(ORAL): The challenge is to the order dated 20th August, 2014 passed by the Debt Recovery Appellate Tribunal (DRAT, for short) affirming the finding recorded by the Debt Recovery Tribunal (DRT, for short) in OA No.15/2005 and SA No.40/2008 vide order dated 22nd April, 2013.2. Punjab and Sind Bank had initiated recovery proceedings in OA No.15/2005 before the DRT against M/s Leather Makers, sole proprietorship of one Arvind Kumar, Seema wife of Arvind Kumar as a guarantor and the petitioner herein-Radhey Shyam. Radhey Shyam, it was asserted had created an equitable mortgage by deposit of title deed of property No.681, Pocket-II,...


Nov 17 2014

Hitender Vs. Union of India and Ors

Court: Delhi

Decided on: Nov-17-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7661/2014, 7604/2014, 7580/2014 Reserved on:5. 10.11.2014 Decided on :17. 11.2014 IN THE MATTERS OF : HITENDER ..... Petitioner in WP(C) No.7661/2014 AJAY KUMAR VIKRANT ..... Petitioner in WP(C) No.7604/2014 ..... Petitioner in WP(C) No.7580/2014 Through: Mr. Aviral Dhirendra, Advocate versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Anil Soni, CGSC with Mr.Nagendra Benipal, Advocate CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.1. By this common judgment, the Court proposes to decide all the three cases as the facts are more or less similar and the grievance of the petitioners are identical. For ready reference, the facts of the case in WP76612014 are being referred to.2. The present petition has been filed by the petitioner praying inter alia for quashing and setting aside the show cause notice dated 10.06.2013 and the order dated 27.01.2014 issued by the Regional Director (NR) of the respondent No.2/Staff Selection ...


Nov 17 2014

Ran Singh Kohar Vs. Union of India and Ors.

Court: Delhi

Decided on: Nov-17-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:17. 11.2014 % W.P. (C) 7885/2014 C.M. Nos.18485-18486/2014 RAN SINGH KOHAR Through: ..... Petitioner Mr. Sachin Chauhan, Advocate. versus UNION OF INDIA & ORS. Through: ..... Respondents Mr. Anil Soni, CGSC on behalf of Union of India with Mr. Naginder Benipal, Advocate. Ms. Ruchi Sindhwani, Addl. Standing Counsel for Govt. of NCT of Delhi with Ms. Megha Bharara, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(OPEN COURT) 1. Issue notice. Mr. Anil Soni, CGSC accepts notice on behalf of Union of India. With consent of counsel, the matter heard finally.2. The petitioner assails the order dated 08.09.2014 passed in O.A. No.2457/2013 by the Central Administrative Tribunal (CAT/ Tribunal) in these proceedings under Article 226 of the Constitution of India. The Tribunal dismissed the petitioners original application by the impugned order.3. The petitioner was appointed as a Su...


Nov 17 2014

Mushahid Raza @ Raju Vs. Govt of National Capital Territory of Delhi a ...

Court: Delhi

Decided on: Nov-17-2014

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5181/2014 MUSHAHID RAZA @ RAJU ..... Petitioner Through: Mr. Ajay Kumar, Adv. versus GOVT OF NATIONAL CAPITAL TERRITORY OF DELHI & ANR ..... Respondents Through: Ms. Nishi Jain, APP for the State. SI Shailendra Kr. Singh, P.S. Khajuri Khas, Delhi. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) Crl.M.A. 17749/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. CRL.M.C. 5181/2014 & Crl.M.A. 17748 & 17750/2014 1. This petition has been moved under Section 482 Cr.P.C. for quashing of FIR No.324/2005 dated 19.08.2005 registered under Sections 498A/406 IPC and Sections 3 and 4 of the Dowry Prohibition Act, at P.S. Khajuri Khas, on the ground that matter has been settled between the parties.2. Issue notice.3. Counsel for the State enters appearance and accepts notice. Respondent No.2/complainant is present in person. ...


Nov 17 2014

Lufthansa German Airlines Vs. SudhIn Sarkar and Anr.

Court: Delhi

Decided on: Nov-17-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: November 17, 2014 + W.P.(C) 3256/2013 LUFTHANSA GERMAN AIRLINES ..... Petitioner Represented by: Mr.Alok Bhasin and Ms.Poonam Das, Advocates. Versus SUDHIN SARKAR & ANR. Represented by: ..... Respondents Mrs. Mridula Ray Bhardwaj for Dr. Sumant Bhardwaj, Advocate. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.W.P.(C) 3256/2013 1. Vide the present petition, the petitioner has assailed the award dated 31.12.2012, passed by the Central Government Industrial Tribunal No.1, Karkardooma Courts Complex, Delhi, (in short the Tribunal), whereby a sum of Rs.10,00,000/- each has been directed to be paid in favour of the respondents No.1 and 2/workmen.2. Case of the petitioner Airlines as averred in the petition is that the respondent Nos. 1 and 2 were employed with the petitioner as Supervisors and were performing supervisory and managerial duties. Their services could be terminated by the petitioner in exercise of powers ...


Nov 17 2014

D.K. Rangra Vs. Union of India and Ors.

Court: Delhi

Decided on: Nov-17-2014

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:17. 11.2014 + W.P.(C) 4003/2014 D.K. RANGRA ..... Petitioner Through : Sh. U. Srivastava, Advocate. Versus UNION OF INDIA & ORS. ..... Respondents Through : Ms. Shalini Aggarwal, Advocate, for Resp. No.1. Sh. S. Shantanu, Advocate, for Resp. Nos. 2 and 3. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The petitioners grievance is in respect of the order dated 19.02.2014 of the Central Administrative Tribunal (CAT) rejecting his application, O.A. No.1955/2013. The issue involved is the claim for consideration for appointment to the post of Director in the National Institute of Fashion Technology (NIFT), Kangra.2. The NIFT an institute of national importance, was set-up and later became subject to an Act of Parliament National Institute of Fashion Technology Act, 2005 (hereafter called the Act). It has its headquarters in New Delhi and various Regional ...


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