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Delhi Court December 2014 Judgments

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Dec 10 2014

Momin Iqbal Vs. State

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:10. h December, 2014 + CRL.A. 1280/2012 MOMIN IQBAL Through: ..... Appellant Ms. Richa Kapoor and Mr. Anil Soni, Advocates Versus STATE Through: ..... Respondent Mr. M.N. Dudeja, Additional Public Prosecutor for the State with ASI Jai Prakash PS S.P. Badli CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Appellant Momin Iqbal impugns the judgment dated 19th September, 2012 and order on sentence dated 20th September, 2012 vide which he was convicted under Section 498A/304B IPC and was sentenced to undergo simple imprisonment for 3 years under Section 498A IPC and fine to the tune of Rs.3 lacs in default to undergo SI for 9 months and for offence under Section 304B IPC he was sentenced to undergo simple imprisonment for 7 years. The fine of Rs.3 lacs was awarded as compensation to the complainant. Both the substantive sentences were to run concurrently. Benefit of Section 428 Cr.P.C. was given to the convict....


Dec 10 2014

Delhi Development Authority Vs. Santosh Sharma and Ors

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:10. 12.2014 + LPA3072014, CM APPL. 6521/2014 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through: Ms. Mrinalini S. Gupta with Ms. Ruhi Chopra & Ms. Mrinmoyi Chaterji, Advs. Versus SANTOSH SHARMA & ORS ..... Respondents Through: Mr. Amit Anand Tiwari, Adv. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns a judgment dated 18.11.2013 passed by the learned Single Judge, whereby the respondents petition was allowed and the appellant/DDA was directed to allot an MIG flat to the respondent (hereinafter the petitioner) as far as possible in the same locality (Sector-15, Rohini) at the cost that was prevalent in December, 2002 (along with simple interest @ 12% per annum from 1.1.2003 till date) within a period of three months. It was further directed that upon the said payment having been made, the flat shall be handed over to the petitioner within thirty days ther...


Dec 10 2014

Haryana Petrochemicals Ltd. Vs. Indian Petrochemicals Ltd. and Anr.

Court: Delhi

Decided on: Dec-10-2014

$~15 to 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :20. 11.2014 Judgment delivered on :10. 12.2014 CRL.REV.P. 619/2012 and Crl. M.A. Nos.10672-74/2014 HARYANA PETROCHEMICALS LTD. ..... Petitioner Through Mr. Tanvir Ahmed Mir, Adv. versus INDIAN PETROCHEMICALSLTD & ANR. Through + ..... Respondents Mr. Aman Lekhi, Sr. Advocate with Mr. Manoj Arora and Mr. Siddharth Shankar, Advs. for R-1. Mr. Navin K. Jha, APP for the State. CRL.REV.P. 620/2012 and Crl. M.A. Nos.18490/2012 & 1064951/2014 HARYANA PETROCHEMICALS LTD. ..... Petitioner Through Mr. Tanvir Ahmed Mir, Adv. versus INDIAN PETROCHEMICALSLTD & ANR. Through + ..... Respondents Mr. Aman Lekhi, Sr. Advocate with Mr. Manoj Arora and Mr. Siddharth Shankar, Advs. for R-1. Mr. Navin K. Jha, APP for the State. CRL.REV.P. 621/2012 and Crl. M.A. Nos.18493/2012 & 1065456/2014 HARYANA PETROCHEMICALS LTD. Through ..... Petitioner Mr. Tanvir Ahmed Mir, Adv. Versus INDIAN PETROCHEMICALSLTD & ORS. Through ..... Responden...


Dec 10 2014

Akash Mittal Vs. State of Nct of Delhi and Ors.

Court: Delhi

Decided on: Dec-10-2014

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5614/2014 ..... Petitioner AKASH MITTAL Through Mr. Sanjeev Panda, Advocate with petitioner. . versus STATE OF NCT OF DELHI &ORS. ..... Respondents Through Mr. O.P. Saxena, Additional Public Prosecutor. Head Constable Promod, P.S. Delhi Cantt. ASI Prabhakarna. Mr. D.K. Pane, Advocate with respondents 2, 3 and 4. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl.M.A. No.19159/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. Crl.M.C. No.5614/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.458/2014 registered under Section 279, 337 IPC at police station Delhi Cantt. on 07.08.2014, on the ground that the matter has been settled between the parties.2. Issue notice. Mr. O.P. Saxena, Additional Public Prosecutor for the State and Mr. D.K. Pane, Advocate for respondents 2, 3 and 4, enter appearance and accept notice....


Dec 10 2014

Amarjit Singh Vs. State Bank of Patiala and Ors

Court: Delhi

Decided on: Dec-10-2014

$~R-102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA5712005 AMARJIT SINGH Through: Decided on 10th December, 2014 ..... Appellant Mr. V.K. Malik and Mr. Rahul Raj, Advs. Versus STATE BANK OF PATIALA & ORS. Through: None. ..... Respondents CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(Oral) 1. Respondent No.1 filed a suit for recovery of `4,30,720/- together with interest and costs etc. against the appellant and respondent nos. 2 to 5 before the trial court. It was alleged that respondent No.2 was a partnership firm of which respondent nos. 3 to 5 were partners. At their request, term loan of `1.13 lacs was sanctioned in the name of respondent no.1 for purchase of a car. A medium term loan agreement dated 2nd January, 1991 was executed by the respondent nos.2 to 5. Subsequently, overdraft facility of `1.5 lacs was also granted to respondent no.2 for one year. Appellant guaranteed the loan and executed guarantee agreements. Respondent nos. 2 to 5 defaulted in making payment an...


Dec 10 2014

Kamal Singh Vs. Dinesh Kumar

Court: Delhi

Decided on: Dec-10-2014

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA6452014 Decided on 10th December, 2014 KAMAL SINGH Through: versus ..... Appellant Mr. Ashok Kaushik, Adv. DINESH KUMAR ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(Oral) CM Appl. No.20236/2014 (exemption) 1. Allowed, subject to all just exceptions.2. Application is disposed of. RFA No.645/2014 and CM Appl. No.20235/2014 (O41R5r/w Sec. 151 CPC) 3. Respondent filed a suit for recovery of `6,36,000/- together with interest and costs against the appellant, which has been decreed by the trial court vide judgment and decree dated 4th September, 2014. Aggrieved by the judgment and decree, appellant has preferred this appeal.4. Respondent alleged that at the request of appellant he advanced friendly loan of `6,00,000/- to him on the interest @ 2% per month, payable on 10th day of each English calendar month on 1st December, 2009. Appellant executed a promissory note dated 1st December, 2009 in presenc...


Dec 10 2014

Dushyant Singh Dabas Vs. Dinesh Kumar

Court: Delhi

Decided on: Dec-10-2014

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA6442014 Decided on 10th December, 2014 DUSHYANT SINGH DABAS Through: ..... Appellant Mr. Ashok Kaushik, Adv. versus DINESH KUMAR ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(Oral) CM Appl. No.20232/2014 (exemption) 1. Allowed, subject to all just exceptions.2. Application is disposed of. RFA No.644/2014 and CM Appl. No.20231/2014 (O41R5r/w Sec. 151 CPC) 3. Respondent filed a suit for recovery of `9,54,000/- together with interest and costs against the appellant, which has been decreed by the trial court vide impugned judgment and decree dated 4th September, 2014. Aggrieved by the judgment and decree, appellant has preferred this appeal.4. Respondent alleged in the plaint that appellant was known to him. At the request of appellant, respondent extended friendly loan of `9,00,000/- to him on interest @ 2% per month on 10 th day of each English calendar month; on 1st December, 2009. Appellant exec...


Dec 10 2014

Shailendra Yadav 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) 8290/2014 and CM APPL. 19235/2014 Decided on :10. 12.2014 IN THE MATTER OF: SHAILENDRA YADAV ..... Petitioner Through: Mr. Ayush Negi, Advocate with Mr. Kuldeep Yadav, Advocate versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Jasmeet Singh, CGSC for R-1/UOI. Mr. V.N. Koura, Advocate with Mr. Sumit Singh Benipal, Advocate for R-2 and R-3/ONGC. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The present petition has been filed by the petitioner praying inter alia for issuance of a writ of certiorari to quash the advertisement No.03/2014 issued by the respondent No.2/ONGCs Western Sector, Gujarat, whereby applications have been invited for filling up various posts in the workman cadre, including 11 posts of Junior Assistant (P&A), on the ground that the same is violative of Articles 14 and 16 of the Constitution of India.2. In short, the facts of the case are that the petitioner, who is a resident of Moradabad, UP...


Dec 10 2014

Amar Singh Verma Vs. Union of India and Ors

Court: Delhi

Decided on: Dec-10-2014

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA No.716/2014 & CM Nos.17776-17778/2014 Date of Decision:10. h December, 2014 AMAR SINGH VERMA Through ..... Appellant Mr.Rajiv Bakshi, Adv. versus UNION OF INDIA & ORS Through ..... Respondents Mr.Vikram Jetly, CGSC for R-1/UOI. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J (ORAL) 1. We have heard learned counsel for the appellant who submits that the entire relevant record has been placed before this court. It appears that the appellant was subjected to disciplinary proceedings on the following charges:Article I That the said Shri A.S. Verma, while functioning as Asstt. Secretary (Admn.) during the period 1992-95 showed undue favour to Gandhi Memorial Medical Training Institute & College, Dalhousie Road, Pathankot by directing the Registrar, Himachal Pradesh Nursing Registration Council, Simla to register the Gandhi Memorial Medical Training Institute & College with their Council and give the aff...


Dec 09 2014

Federation of Indian Mineral Industries (Fimi) Vs. Union of India and ...

Court: Delhi

Decided on: Dec-09-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h December, 2014 % + W.P.(C) No.7745/2014 FEDERATION OF INDIAN MINERAL INDUSTRIES (FIMI) .... Petitioner Through: Dr. Abhishek Manu Singhvi, Sr. Adv. with Mr. Anand Varma & Mr. Tarun Patnaik, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Akshay Makhija, CGSC with Mr. Rohitendra Deb, Adv. for R-1. Mr. Joseph Aristotle, Sr. Adv. with Mr. M.B. Elakkumanan, Adv. for R3/State of Karnataka. Mr. Kapil Dutta, Adv. for MCD. AND + W.P.(C) No.7746/2014 M/S ORISSA MANGANESE & MINERALS LTD. .... Petitioner Through: Mr. Parag Tripathi, Sr. Adv. with Mr. Anand Varma & Mr. Tarun Patnaik, Adv. Versus UNION OF INDIA & ANR. ..... Respondents Through: Mr. Akshay Makhija, CGSC with Mr. Waize Ali Noor and Mr. Kirtiman Singh, CGSC for R-1/UOI. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. These petitions under Article 226 of the Constitution of India have been filed seeking a decla...


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