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Delhi Court December 2014 Judgments

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Dec 10 2014

Ram Prakash Vs. State

Court: Delhi

Decided on: Dec-10-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1363 of 2014 Reserved on: November 27, 2014 Decision on: December 10, 2014 RAM PRAKASH ..... Appellant Through: Mr. Naveen Gaur, Mr. Vijay Gaur and Mr. Raj Jaiswal, Advocates. versus STATE .....Respondent Through: Mr. Rajat Katyal, APP for the State. CORAM: JUSTICE S. MURALIDHAR JUDGMENT1012.2014 1. This appeal is directed against the judgment dated 2nd July 2014 passed by the learned Special Judge in SC No.68 of 2011 convicting the Appellant for the offence under Section 20(b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS), and the order on sentence dated 8th July 2014 sentencing him to undergo rigorous imprisonment (RI) for 11 years and to pay fine of Rs. 1.25 lakhs and in default to undergo simple imprisonment (SI) for six months. The case of the prosecution 2. ASI Mahender Singh PW-9 stated that on 4th June, 2011, at around 1.30 pm a secret informer conveyed to him that Ram Prakash (the Appellant), resident...


Dec 10 2014

B.S.E.S. Rajdhani Power Ltd. Vs. P.P. Singh and Anr.

Court: Delhi

Decided on: Dec-10-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1051 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate. versus JAGAT RAM & ANR. Through: ..... Respondents Mr. Aditya Sharma proxy for Mr. S. Satyanarayana, Advocate. WITH CRL.A. 1052 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate versus R.K. GUPTA & ANR. Through: ..... Respondents Mr. Vijay Gupta, Advocate WITH CRL.A. 1053 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate versus P.P. SINGH & ANR. Through: ..... Respondents None. WITH CRL.A. 1054 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, standing counsel with Mr. Deepak Pathak, Advocate. versus RAJIV BHASIN & ANR. Through: ..... Respondents Mr. Mukul Dhawan, Advocate WITH CRL.A. 1055 of 2008 B.S.E.S. R...


Dec 10 2014

Social Jurist, a Civil Rights Group Vs. Action Committee Unaided Recog ...

Court: Delhi

Decided on: Dec-10-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA No.781/2014 DIRECTORATE OF EDUCATION ..... Appellant Through: Mr. P.P. Malhotra, Sr. Adv. with Mr. V.K. Tandon, Mr. Pardeep Kumar, Mr. Yogesh Saini & Mr. Kartik Jindal, Advs. versus ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS & ORS ..... Respondents Through: Mr. Rakesh Khanna, Sr. Adv. with Mr. Kamal Gupta, Adv. for R-1. Mr. Arun Bhardwaj, CGSC with Mr. Rishi Kapoor, Adv. for R-3/UOI. Mr. Vedanta Verma, Adv. AND + LPA No.769/2014 SOCIAL JURIST, A CIVIL RIGHTS GROUP ..... Appellant Through: Mr. Ashok Aggarwal, Adv. Versus ACTION COMMITTEE UNAIDED RECOGNIZED PVT. SCHOOLS & ORS ..... Respondents Through: Mr. Rakesh Khanna, Sr. Adv. with Mr. Kamal Gupta, Adv. for R-1. Mr. Anurag Ahluwalia, CGSC for R4/UOI. Mr. Vedanta Verma, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER1012.2014 % 1. Admit.2. The counsels for all the respondents appear on caveat / advance notice and waive formal service of notic...


Dec 10 2014

Sultan @ Rajesh Vs. The State ( Govt of Nct of Delhi)

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: December 05, 2014 Judgment Delivered on: December 10, 2014 % + CRL.A. 1046/2014 KHALIL AHMED Represented by: ..... Appellant Mr.B.S. Joon, Mr.A.S. Tokas, Mr.Varun Chugh and Mr.Siddharth Joon, Advocates versus STATE OF NCT OF DELHI Represented by: + ..... Respondent Ms.Asha Tiwari, APP for the State with Insp.Anand Yadav, PS Jamia Nagar. CRL.A. 1300/2014 SONVIR @ SOMVIR THR. HIS FATHER PAPPU SINGH ..... Appellant Represented by: Mr.Ravindra Narayan, Advocate versus STATE NCT OF DELHI Represented by: + ..... Respondent Mr.Lovkesh Sahani, APP for the State with Insp.Anand Yadav, PS Jamia Nagar. CRL.A. 1506/2014 SULTAN @ RAJESH Represented by: ..... Appellant Mr.Alamgir, Advocate versus THE STATE ( GOVT OF NCT OF DELHI) ..... Respondent Represented by: Ms.Asha Tiwari, APP for the State with Insp.Anand Yadav, PS Jamia Nagar CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Khalil Ahm...


Dec 10 2014

Prime Meiden Ltd. Vs. Ramky Infrastructure Ltd.

Court: Delhi

Decided on: Dec-10-2014

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on:10. 12.2014 + ARB.P. 622/2014 PRIME MEIDEN LTD ..... Petitioner Through: Mr Mayank Bhugani, Adv. versus RAMKY INFRASTRUCTURE LTD ..... Respondent Through: Mr Atul Sharma & Mr Abhishek Sharma, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 Issue notice.2. Mr Sharma accepts notice on behalf of the respondent. He says that he does not wish to file a reply as there is a preliminary objection being raised on behalf of the respondent with regard to maintainability of the petition in this court.3. The said statement made by Mr Sharma is taken on record.4. This is a petition filed under Section 11 of the Arbitration & Conciliation Act, 1996 (in short the Act). The prayer made in the petition is for appointment of an arbitrator. The case of the petitioner is that, it was appointed as a sub-contractor by the respondent, qua a contract awarded to the respondent by the Karnataka Power Transmission Corporati...


Dec 10 2014

Voltas Ltd Vs. Ncc Ltd and Anr

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 1117/2014 % Judgment Reserved on:02. 12.2014 Judgement pronounced on:10. 12.2014 ..... Petitioner VOLTAS LTD Through: Mr.P.K.Sharma and Mr.Sanjay Grover, Advocates versus NCC LTD & ANR ..... Respondents Through: Ms.Priya Kumar, Advocate CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 The present petition has been filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for the relief that respondent No.1 be restrained from invoking three bank guarantees bearing Nos.999513BG0002397, 0999513BG0002398 and 0999513BG0002399 all dated 24.09.2013 of the following nature:S.No.Date i) 24.09.2013 ii) 24.09.2013 iii) 24.09.2013 OMP11172014 Description Mobilization Bank Guarantee Performance Bank Guarantee Retention Bank Guarantee Total Rs. Amount 1,30,56,750.00 1,09,50,000.00 99,50,000.00 2. The admitted facts of the case are that respondent No.1 was formerly known as Nagarjuna Construction Compan...


Dec 10 2014

Gaon Sabha Libaspur Welfare Association Through It Vs. Govt. of Nct of ...

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h December, 2014 + W.P.(C) 3201/2014 & CM No.6659/2014 (for stay) GAON SABHA LIBASPUR WELFARE ASSOCIATION THROUGH ITS PRESIDENT ..... Petitioner Through: Mr. Vikramjit Saini, Adv. Versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Amitabh Marwah, Adv. for R-1. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL), impugns the allotment of Khasra Nos.23/21, 24/25, 31/1 and 31/10 of village Libaspur, District North-West by the Director (Panchayat), Government of National Capital Territory of Delhi (GNCTD) vide letter dated 7th July, 2012 to the Directorate of Education and seeks a direction to the respondent GNCTD to, out of the aforesaid land leave out land in Khasra Nos.23/21 and 24/25 ad-measuring 7 Bighas and 7 Biswas for construction of Multi Purpose Community...


Dec 10 2014

B.S.E.S. Rajdhani Power Ltd. Vs. R.K. Gupta and Anr.

Court: Delhi

Decided on: Dec-10-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1051 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate. versus JAGAT RAM & ANR. Through: ..... Respondents Mr. Aditya Sharma proxy for Mr. S. Satyanarayana, Advocate. WITH CRL.A. 1052 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate versus R.K. GUPTA & ANR. Through: ..... Respondents Mr. Vijay Gupta, Advocate WITH CRL.A. 1053 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, Standing Counsel with Mr. Deepak Pathak, Advocate versus P.P. SINGH & ANR. Through: ..... Respondents None. WITH CRL.A. 1054 of 2008 B.S.E.S. RAJDHANI POWER LTD. ..... Appellant Through: Mr. Sunil Fernandes, standing counsel with Mr. Deepak Pathak, Advocate. versus RAJIV BHASIN & ANR. Through: ..... Respondents Mr. Mukul Dhawan, Advocate WITH CRL.A. 1055 of 2008 B.S.E.S. R...


Dec 10 2014

M/S Satnam Agri Products Ltd. and Ors Vs. Union of India and Ors

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7158/2014 & CM No.16189/2014 (stay) Pronounced on:10. 12.2014 M/S SATNAM AGRI PRODUCTS LTD. & ORS ..... Petitioners Through: Mr. Sanjeev Ralli with Mr. Aayush Juneja, Adv. Versus UNION OF INDIA & ORS ..... Respondents Through: Ms. Monika Arora, CGSC with Mr. Abhishek Choudhary, Mr. Rajeev Kumar Yadav, Adv. for respondent/UOI. Mr. Karan Khanna, Adv. for R-3, 8 & 9/Indian Overseas Bank. Mr. Anil Kumar Sangal with Mr. Siddharth Sangal, Adv. for respondent/SBI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT : MS.G.ROHINI, CHIEF JUSTICE1 The short question that arises for consideration in this petition is whether the condition of making pre-deposit in terms of the second proviso to Section 18 (1) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short Securitisation Act), is mandatory even for entertaining an appeal against an order passed by the D...


Dec 10 2014

Jyoti Sharma @ Ruby Vs. Pramod Kumar

Court: Delhi

Decided on: Dec-10-2014

$~R-87 (Part-B) * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 10, 2014 + MAT APP. 26/2013 & C.M.APPL.19738/2013 JYOTI SHARMA @ RUBY Through: .....Appellant Mr. Samrat Nigam and Mr. Rohit Singh, Advocates versus PRAMOD KUMAR Through: ..... Respondent Pranay Trivedi, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Vide impugned judgment of 2nd September, 2013, respondenthusbands petition for divorce is allowed by trial court while invoking the provisions of Order 12, Rule 6 of CPC. Suffice it would be to note that the parties were married on 27 th November, 2009 and out of the said wedlock, there was no issue. Frequent visits of appellant-wife to her parental house gave rise to the suspicion in the mind of respondent-husband. According to respondenthusband, appellant-wife had never allowed respondent-husband to touch her mobile phone. As per respondent-husband, in the evening of 1st March, 2010, appellant-wife had left the matrimonial house without...


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