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Delhi Court November 2014 Judgments

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Nov 14 2014

Sangeeta and ors. Vs. Delhi Development Authority and ors.

Court: Delhi

Decided on: Nov-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M.(M) No.54/2014 and C.M. Nos.697-700/2014 14th November, 2014 % SANGEETA & ORS. Through: ..... Petitioners Mr. Vinay Gupta, Advocate with Mr. Samson Honey, Advocate and Mr. R. Ravi, Advocate. Versus DELHI DEVELOPMENT AUTHORITY & ORS. ..... Respondents Through: S.I. Amarjeet Singh, P.S. Geeta Colony in person. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this petition under Article 227 of the Constitution of India, the petitioners challenge the impugned order dated 17.9.2013 by which the first appellate court refused to condone the delay of 37 days in filing the appeal.2. In my opinion, delay of 37 days is hardly such a delay which should not have been condoned because once there is delay, some amount of negligence is implicit, however, that itself is not a good ground to deny condonation of delay because it is settled law in view of the judgment of the Supreme Court in th...


Nov 14 2014

idrish @ Rahul Vs. State Nct of Delhi

Court: Delhi

Decided on: Nov-14-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:14. h November, 2014 + CRL.A. 815/2013 IDRISH @ RAHUL Through ..... Appellant Mr. B.S. Chowdhary, Advocate versus STATE NCT OF DELHI Through ..... Respondent Mr. M.N. Dudeja, APP for the State with SI Sumit, PS Prashant Vihar. % CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Mohd.Idrish(appellant) challenges the correctness of the judgment dated 23.05.2013 of learned Additional Sessions Judge in Sessions case No.61/11 arising out of FIR No.115/10 P.S. Paschim Vihar u/s 304/324/34 IPC vide which he was held guilty for committing offence punishable u/s 304 Part II IPC and Section 324 IPC and Order on sentence dated 24.05.2103 vide which he was sentenced to undergo rigorous imprisonment for 7 years and a fine of Rs.2,000, in default simple imprisonment for 15 days u/s 304 Part II IPC and rigorous imprisonment for 1 year u/s 324 IPC. Both the sentences were ordered to be run concurrently. Benefit of Section...


Nov 14 2014

Luminous Power Technology P. Ltd. Vs. Amit Kumar Verma

Court: Delhi

Decided on: Nov-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h November, 2014 + CRL. M.C. 3132/2013 LUMINOUS POWER TECHNOLOGY P. LTD. ..... Petitioner Through: Mr. Sanjay Goswami, Advocate. versus AMIT KUMAR VERMA Through: .....Respondent Mr. Adarsh Ganesh, Advocate. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH VED PRAKASH VAISH, J.(ORAL) 1. The petitioner has preferred the present petition under Article 227 of the Constitution of India read with Section 482 Code of Criminal Procedure, 1973 against order dated 22.06.2013 passed by learned Metropolitan Magistrate-01 (NI Act) West, Tis Hazari Courts, Delhi in CC No.598/1.2. In a nut shell the facts of the case are that the petitioner/ complainant filed a complaint for the offence under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as NI Act) in respect of dishonour of cheque bearing No.248683 dated 18.07.2012 for Rs.28,49,782/- (Rupees Twenty eight lakhs forty nine thousand seven hundred eighty two). After re...


Nov 14 2014

Kamal Kishore and ors. Vs. the State

Court: Delhi

Decided on: Nov-14-2014

* IN THE HIGH COURT OF DELHI AT New Delhi Judgment delivered on:14. h November 2014 + CRL.A. 658/1999 KAMAL KISHORE & ORS. ..... Appellants Through: Mr. Mohammed Shamikh, Advocate Versus THE STATE Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State AND CRL.A. 693/1999 VIDYA SAGAR Through: ..... Appellant Mr. Mohammed Shamikh, Advocate Versus THE STATE Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT KAILASH GAMBHIR, J.1. By this appeal filed under section 374 of the Criminal Procedure Code, 1973 (hereinafter referred to as Cr.P.C.), the appellants seek to challenge the impugned judgment dated 19.11.1999 and order on sentence dated 22.11.1999, whereby the appellants herein were convicted for committing offences punishable under Section 302/452/506/34 Indian Penal Code, 1860 ( hereinafter referred to as IPC) and were sentenced to un...


Nov 14 2014

Joseph Palanivel Jeyapaul Vs. Union of India

Court: Delhi

Decided on: Nov-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :11.11.2014 Pronounced on :14.11.2014 % + W.P.(CRL) 2210/2014 JOSEPH PALANIVEL JEYAPAUL ..... Petitioner Through: Mr.Mohit Mathur, Mr.K.V. Balakrishan, Mr.Badar Mehmood and Mr.Praman N.Mathur, Advocates. versus UNION OF INDIA Through: ..... Respondent Mr.Ripu Daman Bhardwaj, CGSC with Mr.T.P.Singh, Advocate with Mr.D.K.Ghosh, Consultant Extradition, Ministry of External Affairs. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.1. The Petitioner Joseph Palanivel Jeyapaul has invoked the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India and exercise of inherent powers vested in this Court under Section 482 Cr.P.C. praying that the Extradition Inquiry Report dated 25.08.2014 by learned ACMM, Patiala House Courts may be set aside and he be discharged.2. It may be noted here that as per averments made in para 23 of the writ petition, earlier the Petitioner has filed W.P.(crl.) No.1856/2014 ...


Nov 14 2014

Vijay Vs. State

Court: Delhi

Decided on: Nov-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: November 14, 2014 + CRL.A. 1529/2011 VIJAY Represented by: ..... Appellant Ms.Rakhi Dubey and Mr.Anuj Pal, Advocates. versus STATE Represented by: + .... Respondent Mr.Varun Goswami, APP for the State. CRL.A. 580/2012 DEVI SINGH & ORS. Represented by: ..... Appellant Mr.Tushar Sharma, Advocate. versus STATE Represented by: .... Respondent Mr.Varun Goswami, APP for the State. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Vijay appellant in CRL.A.1529/2011; Devi Singh, Lokesh and Yogesh appellants in CRL.A.580/2012 were charged with the offence of trespassing into the house of Mannu Dev Sharma and committing his murder and voluntarily causing hurt to Ms.Sunita. Vide the impugned judgment dated September 13, 2011, they have been convicted for the offences punishable under Sections 452/302/323/34 IPC and directed to undergo imprisonment for life for the offence punishable u...


Nov 14 2014

Ashok Kumar and ors. Vs. State

Court: Delhi

Decided on: Nov-14-2014

$~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: November 14, 2014 + CRL.A. 307/2014 ANIL @ ANNU Represented by: ..... Appellant Mr.Mukesh Birla, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Ram Singh, SHO/Anand Vihar Railway Station CRL.A. 739/2014 ASHOK KUMAR & ORS. Represented by: ..... Appellants Mr.Avninder Singh, Advocate with Ms.Sumi Anand and Mr.Siddhant Srivastava, Advocates versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Ram Singh, SHO/Anand Vihar Railway Station CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.(Oral) 1. Involvement of the local police leading to the registration of the FIR Ex.PW-2/A commenced when DD31 was recorded at PS Neb Sarai at 12:55 in the middle of the night on November 16, 2009 that at Jhuggi No.D- 144, J.J.Camp a fight was taking place.2. Being handed over a copy of the DD entry, HC Umesh PW-5, accompanied by Ct.Akhile...


Nov 14 2014

Ranjan Shukla Vs. Ashok Kumar and ors.

Court: Delhi

Decided on: Nov-14-2014

$~R-17, 18, 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision 14.11.2014 + MAC.APP. 756/2006 RANJAN SHUKLA ..... Appellant Through Ms.Manjeet Chawla, Advocate versus ASHOK KUMAR AND ORS. ..... Respondents Through Mr.S.L.Gupta and Mr.Ram Ashray, Advocates for R-3/Insurance Company + MAC.APP. 757/2006 RANJAN SHUKLA ..... Appellant Through Ms.Manjeet Chawla, Advocate versus ASHOK KUMAR AND ORS. ..... Respondents Through Mr.S.L.Gupta and Mr.Ram Ashray, Advocates for R-3/Insurance Company + MAC.APP. 776/2006 RANJAN SHUKLA ..... Appellant Through Ms.Manjeet Chawla, Advocate versus ASHOK KUMAR AND ORS. ..... Respondents Through Mr.S.L.Gupta and Mr.Ram Ashray, Advocates for R-3/Insurance Company CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) 1. The present appeals are filed by the appellant seeking enhancement of the compensation granted by the Tribunal vide its award dated 28.02.2006.2. The brief facts which led to filing of the claim petition are that on 28.2.1999...


Nov 14 2014

Anil @ Annu Vs. State

Court: Delhi

Decided on: Nov-14-2014

$~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: November 14, 2014 + CRL.A. 307/2014 ANIL @ ANNU Represented by: ..... Appellant Mr.Mukesh Birla, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Ram Singh, SHO/Anand Vihar Railway Station CRL.A. 739/2014 ASHOK KUMAR & ORS. Represented by: ..... Appellants Mr.Avninder Singh, Advocate with Ms.Sumi Anand and Mr.Siddhant Srivastava, Advocates versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.Ram Singh, SHO/Anand Vihar Railway Station CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.(Oral) 1. Involvement of the local police leading to the registration of the FIR Ex.PW-2/A commenced when DD31 was recorded at PS Neb Sarai at 12:55 in the middle of the night on November 16, 2009 that at Jhuggi No.D- 144, J.J.Camp a fight was taking place.2. Being handed over a copy of the DD entry, HC Umesh PW-5, accompanied by Ct.Akhile...


Nov 14 2014

Devi Singh and ors. Vs. State

Court: Delhi

Decided on: Nov-14-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: November 14, 2014 + CRL.A. 1529/2011 VIJAY Represented by: ..... Appellant Ms.Rakhi Dubey and Mr.Anuj Pal, Advocates. versus STATE Represented by: + .... Respondent Mr.Varun Goswami, APP for the State. CRL.A. 580/2012 DEVI SINGH & ORS. Represented by: ..... Appellant Mr.Tushar Sharma, Advocate. versus STATE Represented by: .... Respondent Mr.Varun Goswami, APP for the State. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Vijay appellant in CRL.A.1529/2011; Devi Singh, Lokesh and Yogesh appellants in CRL.A.580/2012 were charged with the offence of trespassing into the house of Mannu Dev Sharma and committing his murder and voluntarily causing hurt to Ms.Sunita. Vide the impugned judgment dated September 13, 2011, they have been convicted for the offences punishable under Sections 452/302/323/34 IPC and directed to undergo imprisonment for life for the offence punishable u...


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