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Delhi Court December 2014 Judgments

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Dec 01 2014 (HC)

Mohd. Atiullah Ansari Vs. M/S. Delhi Institute of Tool Engeneering (Fo ...

Court: Delhi

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:1. t December, 2014 + W.P.(C) 8446/2014 MOHD. ATIULLAH ANSARI ..... Petitioner Represented by: Mr. Pratik Batta and Mr. Akarsh Bhalla, Advs. versus M/S. DELHI INSTITUTE OF TOOL ENGENEERING (FORMERLY KNOWN AS TOOL ROOM AND TRAINING CENTRE) ..... Respondent Represented by: NEMO. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) CM. No.19507/2014 and 19508/2014 (for exemptions) Exemptions allowed, subject to all just exceptions. Accordingly, the applications are allowed. + W.P.(C) 8446/2014 1. Vide the present petition, petitioner workman has assailed the award and order dated 22.11.2013, whereby the industrial disputes raised by the petitioner has been dismissed by the Ld. Labour Court.2. Brief facts of the case are that petitioner had been working with the respondent Management since 21.07.1984. He made a complaint to General Manager of the respondent on 31.03.1986 for unjust and discriminatory action and ano...

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Dec 01 2014 (HC)

Mukesh Kumar Vs. State

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision : December 01, 2014 + CRL.A. 1050/2010 MUKESH KUMAR Represented by: ..... Appellant Mr.Bhupesh Narula, Adv. versus STATE Represented by: .... Respondent Ms.Aashaa Tiwari, APP. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Mukesh Kumar was charged and convicted for murder of Uday after an altercation took place between them on September 28, 2008 witnessed by Kuldeep Singh PW-1 the maker of the FIR.2. Kuldeep Singh in his statement to the Police stated that he was running a general merchant shop at his house. At around 9.00 PM on September 28, 2008 when he was at his shop he heard noise. He went to the place at a distance of 20 steps from his shop and saw that Mukesh and Uday Singh were quarrelling. They were got separated. At around 9.45 PM while Kuldeep Singh was at his shop and Uday Singh was sitting in front of his shop Mukesh came with a wooden danda in his hand and g...

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Dec 01 2014 (HC)

Anoop Sati Vs. State and Anr

Court: Delhi

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4577/2014 ANOOP SATI Through: ..... Petitioner Ms. Seema Gupta, Advocate with petitioner in person. versus STATE & ANR Through: ..... Respondents Ms. Nishi Jain, APP for the State with SI Ajay Singh, PS Darya Ganj. Mr. Mayank Mohan, Advocate for the complainant with complainant in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.420/2014 registered under Section 308 IPC at Police Station Darya Ganj on 19th August, 2014 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor and Mr. Mayank Mohan, Advocate enter appearance and accept notice on behalf of the State/respondent No.1 and respondent No.2/complainant, respectively.3. Petitioner as well as complainant/respondent No.2-Sanjay Tiwari are present in person and are also i...

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Dec 01 2014 (HC)

Mahavir Singh Vs. Delhi Development Authority

Court: Delhi

$~10. * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:01. 12.2014 % W.P.(C.) No.5258/2013 MAHAVIR SINGH Through: ..... Petitioner Mr. C. Mohan Rao, Mr. Lokesh Kumar Sharma & Ms. Pallavi, Advocates. versus DELHI DEVELOPMENT AUTHORITY .....Respondent Through: Mr. Arun Birbal & Mr. Sanjay Singh, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(OPEN COURT) 1. The petitioner, who was the original applicant before the Central Administrative Tribunal (CAT/ Tribunal) in O.A. No.1137/2011 assails the order dated 10.10.2012, whereby the said Original Application was dismissed.2. At the relevant time, the petitioner was working as an Upper Division Clerk (UDC) in the respondent Delhi Development Authority (DDA). He was issued a charge-sheet leveling the following charge:While functioning as UDC in LSB (R) in 1985 Shri Mahavir Singh handed over file No.F.4(1) 85 LSB (R) to Shri A.K. Malhotra, Stenographer, then working in Chief A...

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Dec 01 2014 (HC)

Real Image Media Technologies Pvt. Ltd. Vs. Dlf Utilities Ltd.

Court: Delhi

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :26. 11.2014 Judgment delivered on:01. 12.2014 + ARB. P. 109/2013 REAL IMAGE MEDIA TECHNOLOGIES PVT. LTD. . ..... PETITIONER Versus DLF UTILITIES LTD. ..... RESPONDENT Advocates who appeared in this case: For the Petitioner : Mr. Amol Chitale, Advocate For the Respondent : Mr. Sandeep Sethi, Sr. Advocate with Mr. Ankur Khandelwal, Advocate CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER,J1 This is a petition filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (in short the Act). The reliefs prayed for, broadly, are : (i). appoint an independent arbitrator (ii). declare null and void the appointment of the person appointed by the respondent as an arbitrator; (iii). stay further proceedings before the arbitrator appointed by the respondent, till final adjudication of the instant matter; and (iv). lastly, cost of proceedings be awarded in favour of the petitioner.2. For the purposes of adjudicati...

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Dec 01 2014 (HC)

M/S Goldkist Mobile Academy Pvt. Ltd. Vs. Jammu and Kashmir Bank and O ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (CIVIL) No.7749/2014 Reserved on: Date of Decision: % 14th November, 2014 1st December, 2014 M/s Goldkist Mobile Academy Pvt. Ltd. ....Petitioner Through Mr. Ramji Srinivasan, Sr. Advocate with Mr. Anil K. Khaware, Ms.Azma and Ms. Sara Sundaram, Advocates. Versus Jammu & Kashmir Bank & Ors. Respondents Through Mr. Arjun Singh Bhati, Adv. for R-1. Mr. Sanjeev Bhandari, Adv. for R-2. Mr. Ashish Sharma, Adv. for R-3. Mr. Pankaj Vivek, Adv. for R-4. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.M/s Goldkist Mobile Academy Pvt. Ltd., the petitioner-auction bidder by way of this writ petition under Article 226- 227 of the Constitution of India, has impugned the order dated 10th October, 2014, passed by the Debt Recovery Appellate Tribunal (DRAT, for short).2. Brief facts of the case are that M/s Priyanka Overseas Pvt. Ltd respondent No.3 (borrower, for short) had availed a loan facility from Jammu...

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Dec 01 2014 (HC)

Sh. Gaganjot Singh Vs. State

Court: Delhi

$~2. * IN THE HIGH COURT OF DELHI AT NEW DELHI + % Decided on :01. 12.2014 W.P.(CRL) 1169/2014 SH. GAGANJOT SINGH Through: ..... Petitioner Mr. Vivek Sood, Mr. Sanjay Rathi & Mr. Devender Partap Singh, Advocates. versus STATE Through: ..... Respondent Mr. Sanjeev Bhandari, Additional Standing Counsel (Crl.) along with ACP R.S. Manku, Inspector Gagan Bhaskar and SI Randhir Singh, PSIGI Airport. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI MR. JUSTICE S. RAVINDRA BHAT, J.(OPEN COURT) 1. The proceedings have been referred to the Division Bench by an order of the learned Single Judge. The order of reference dated 22.07.2014 sets out point of reference, which is as below:Whether a cartridge, which is capable of being fired, is a complete ammunition within the meaning of Section 2(b) of Arms Act or a minor part of ammunition as referred to in Section 45(d) of the Arms Act?.2. The brief facts are that this petition was instituted for quashing of the First Infor...

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Dec 01 2014 (HC)

Delhi Transport Corporation Vs. Om Kanwar

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: December 01, 2014 + W.P.(C) 759/2011 DELHI TRANSPORT CORPORATION ..... Petitioner Represented by: Mr.Karunesh Tandan, Adv. Versus OM KANWAR ..... Respondent Represented by : Mr.R.R.Ahlawat, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.W.P.(C)759/2011 1. Vide the present petition, the petitioner has assailed the award dated 29.08.2009 passed by the learned Tribunal in O.P. No.219/1994, whereby the application filed by the petitioner under Section 33(2)(b) of the Industrial Disputes Act, 1948 (for short ID Act), has been dismissed.2. On the basis of the pleadings, the Tribunal framed the following issues:(i) Whether the workman has committed the misconduct as alleged in the charge sheet dated 18.01.1993 (Ex.AW1/6). (ii) Whether the Management had remitted/paid one months wages to the workman in terms of provisions of section 33 (2) (b) of the Industrial Disputes Act ?.3. Mr. Karunesh Tandon, learned counsel...

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Dec 01 2014 (HC)

Alok Kumar and Ors Vs. State (Nct of Delhi) and Anr

Court: Delhi

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5450/2014 ALOK KUMAR & ORS ..... Petitioners Through Mr. Nilesh Kumar, Advocate with petitioners. versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Ms. Nishi Jain, Additional Public Prosecutor. W/SI Kailash, P.S. Vasant Kunj. R2/Complainant in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl.M.A. No.18627/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. Crl.M.C. No.5450/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.538/2007, registered under Sections 498-A/406/34 IPC, on 19.07.2007, at police station Vasant Kunj, on the ground that the matter has been amicably settled between the parties.2. Issue notice.3. Ms. Nishi Jain, Additional Public Prosecutor for the State, enters appearance and accepts notice. The second respondent / complainant, who is present in person, is identified by the Inv...

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Dec 01 2014 (HC)

B.R. Gupta Vs. Pawan Kumar Gupta

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. 03.2014 Date of Decision:01. 12.2014 + CM (M) No.415 of 2012 And CM No.6397 of 2012 B.R. GUPTA Through: ..... Petitioner Mr. Rajat Aneja, Adv. versus PAWAN KUMAR GUPTA Through: ..... Respondent Mr. Sanjay Jain, Sr. Adv. with Mr. Vikram Singh & Ms. Ruchi Jain, Advs. CORAM: HONBLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.1. This petition under Article 227 of the Constitution of India impugns an order dated 24.02.2012, whereby the Rent Control Tribunal (RCT) allowed the respondents (tenant) appeal against an order dated 24.08.2011 of the Additional Rent Controller (ARC). Consequently, the RCT set aside the order impugned before it and afforded protection to the tenant from eviction under Section 14 (2) of the Delhi Rent Control Act, 1958 (Act). Background of the case 2. The facts giving rise to the present petition are that the petitioner (landlord) had sought eviction of the tenant from property No.47, 1st Floor, Bunglow Road, Kam...

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