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Delhi Court December 2014 Judgments

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Dec 05 2014

Kartik Sharma and Ors. Vs. State (Govt. of Nct of Delhi) and Anr.

Court: Delhi

Decided on: Dec-05-2014

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5549/2014 KARTIK SHARMA & ORS. Through: ..... Petitioners Mr. Vivek Aggarwal, Advocate with petitioners in person. versus STATE (GOVT. OF NCT OF DELHI) & ANR. ..... Respondents Through: Ms. Nishi Jain, APP for the State with IO/SI Raj Kumar, CAW Cell. Complainant in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl. M.A. 18940/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 5549/2014 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.715/2013 registered under Sections 498A/406/34 IPC at Police Station Shakar Pur on 3rd August, 2013 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor enters appearance and accepts notice on behalf of the State/respondent No.1.3. Petitioners as well...


Dec 05 2014

Deere and Co. and Anr. Vs. S. Harcharan Singh and Anr.

Court: Delhi

Decided on: Dec-05-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:5. h December, 2014 % + CS(OS) No.3760/2014 DEERE & CO. & ANR. Through ..... Plaintiffs Mr.Pravin Anand, Adv. with Ms.Vaishali Mittal, Ms.D. Neha Reddy and Mr.Siddhant Chamola, Advs. versus S. HARCHARAN SINGH & ANR. Through None ..... Respondents CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(Oral) I.A. No.24478/2014 This is an application filed by the plaintiffs under Order 13 Rule 1 read with Section 151 CPC seeking exemption from filing the originals of the documents. For the reasons stated in the application, the same is allowed, subject to originals being produced at the time of admission/denial of the documents. The application is disposed of. I.A. No.24479/2014 (U/s 149 CPC) Learned counsel for the plaintiffs states that he would be filing the court fee within one week. In view of the statement made by the learned counsel, the application is disposed of. CS(OS) No.3760/2014 Let the plaint be registered as ...


Dec 05 2014

Arun Dhawan and Anr Vs. Lokesh Dhawan

Court: Delhi

Decided on: Dec-05-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:17. th October, 2014 Judgment pronounced on:05. th December, 2014 + CO. A(SB) 50/2013 ARUN DHAWAN & ANR ...APPELLANTS Through: Mr.Suhail Dutt, Senior Advocate with Mr. Vikas Tiwari and Mr.Neeraj Gupta, Advocates Versus .RESPONDENT LOKESH DHA WAN Through: Mr.Ankit Sibal, Advocate CORA M: HONBLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.1. This appeal arises out of order dated 18.9.2013 of the Company Law Board w hereby the Company Law Board while holding that the document, i.e., Resolution of Board of Directors dated 16.8.2010 filed by the Respondent (Petitioner in the Company Petition) was a forgery, refused to proceed further with the application filed by the Appellant (Respondent in the Company Petition) to initiate action and Respondent for perjury and contempt. CO. A(SB) 50/2013 prosecute the Law Board dismissed the application relying on the judgment of the Supreme Court in IQBAL SINGH M ARWAH V. M EENAKSHI M A...


Dec 05 2014

Nishant and Ors Vs. Fci and Ors

Court: Delhi

Decided on: Dec-05-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7168/2014 Decided on 05.12.2014 IN THE MATTER OF : NISHANT & ORS Through: J.S. Bhasin with Ms. Rashmi Priya, Advocates ..... Petitioners versus FCI AND ORS ..... Respondents Through: Mr. Mohan Sharma, Advocate for FCI. Mr. Vikas Mahajan, Advocate for UOI. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The present petition has been filed by the petitioners praying inter alia for quashing and setting aside the show cause notices dated 10.06.2013 issued by the Regional Director (NR) of the respondent No.2/Staff Selection Commission (in short SSC), whereunder they were informed that on failure to show cause, their candidature in the Combined Recruitment for Assistant Grade III in General, Depot, Technical and Accounts Cadre and Hindi Posts (AG-II) in the Examination, 2012 held for respondent No.1/FCI, would be cancelled and they would be debarred for a period of five years from the Commissions examinations.2. With the consent...


Dec 05 2014

N.M. Goel Vs. Union of India and Ors

Court: Delhi

Decided on: Dec-05-2014

* HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 605/2012 Decided on :5. h December, 2014 N.M. GOEL ..... Petitioner Through: Mr.Vikas Arora, Mr.Akshat and Mr.Dhiraj Manchanda, Advs. Versus UNION OF INDIA & ORS Through: ..... Respondent Mr.M.K.Bhardwaj, Adv. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. The present contempt petition has been filed by the petitioner on account of the alleged wilful disobedience of the order passed by the Division Bench of this court vide order dated 23.02.2012.2. I have heard the learned counsel for the petitioner and I have also gone through the reply affidavit filed by the respondents including the surrejoinder. The direction passed by the Division Bench are contained in para Nos.5 & 6 of the order dated 23.02.2012. These were as under:5. In so far as the other plea with regard to the computation of the Cost of Living Allowance is concerned, we feel that the Tribunal has cursorily decided this issue against the petitioner, without going...


Dec 05 2014

New India Assurance Co Ltd Vs. Radha Nigam

Court: Delhi

Decided on: Dec-05-2014

* $~35 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. 12.2014 + MAC.APP. 1097/2014 & CM No.19914/2014 (stay) NEW INDIA ASSURANCE CO LTD ..... Appellant Through: Mr. Mridul Jain, Advocate versus RADHA NIGAM ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) CM No.19915/2014 (Exemption) Exemption allowed, subject to just exceptions. Application stands disposed of. MAC.APP. 1097/2014 & CM No.19914/2014 (stay) 1. By the present appeal the appellant seeks to impugn the award dated 09.09.2014. The brief facts giving rise to the claim petition are that on 14.03.2003 Shri Manish Nigam (deceased) along with his friends Shri Anish Jain, Shri Ansul Khandelwal and Shri Chhayan Gupta were travelling in Baleno car bearing no.DL-9CB-1071 which was being driven by Shri Manas Bansal in a rash and negligent manner. At about 11.55 PM the car reached Prithvi Raj Road. It collided with an ambassador car bearing No.DL-7CC-5301 as a result of which Shri Manish...


Dec 05 2014

Lokesh Kumar and Ors. Vs. State Nct of Delhi and Ors.

Court: Delhi

Decided on: Dec-05-2014

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5554/2014 LOKESH KUMAR & ORS. Through ..... Petitioners Mr. Ashok, S.Y. Usmani, Advocates. versus STATE NCT OF DELHI & ORS. ..... Respondents Through Mr. P.K. Mishra, Additional Public Prosecutor. Sub Inspector Rajvir Singh, P.S. Crime (Woman Cell). Mr. Rajesh, Advocate with R2/complainant. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) Crl.M.A. No.18951/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. Crl.M.A. No.18952/2014 This application has been moved for condonation of delay, which is stated to be of 32 days in refiling the petition. For the reasons stated in this application, the same is allowed and the delay in refiling the petition is condoned. This application is disposed off. Crl.M.C. No.5554/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.157/2013, registered under Sections 498-A, 406, 34 IPC at po...


Dec 05 2014

Rahul Mittal and Ors Vs. Payal Aggarwal and Anr

Court: Delhi

Decided on: Dec-05-2014

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5545/2014 RAHUL MITTAL & ORS Through: ..... Petitioners Mr. Gurmit Singh, Advocate with petitioners in person. versus PAYAL AGGARWAL & ANR ..... Respondents Through: Mr. Rakesh Kumar, Advocate for the complainant with complainant in person. Mr. Amit Ahlawat, APP for the State with SI Saurabh Kumar, PS CWC, Nanakpura. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl. M.A. 18936/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 5545/2014 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.105/2010 registered under Sections 498A/406/34 IPC at Police Station Crime (Women) Cell on 8th July, 2010 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Mr. Rakesh Kumar, Advocate and Mr. Amit Ahlawat, Additional Public Prosecutor enter appearanc...


Dec 05 2014

M/S Telecommunications Consultants India Ltd . Vs. M/S Bharat Sanchar ...

Court: Delhi

Decided on: Dec-05-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on :05. 12.2014 W.P.(C) 1233/2014 & CM25722014 & 4641-4642/2014 M/S TELECOMMUNICATIONS CONSULTANTS INDIA LTD . .... Petitioner versus M/S BHARAT SANCHAR NIGAM LTD. ..... Respondent Advocates who appeared in this case: For the Petitioner For the Respondents : : Mr Anil Sapra, Senior Advocate with Mr P.K.Bansal, Ms Rupali Kapoor, Mr Akshay Sapra, Mr Mridul Yadav, Advocates. Mr Sanjeev Narula & Mr Ajay Kalra, Advocates for BSNL. CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioner is aggrieved by the respondents letter dated 27.01.2014, whereby the petitioners bid submitted on 10.01.2014, was returned.2. On 25.02.2014, when this matter came up for admission, this Court passed the following order:- The petitioner (M/s Telecommunications Consultants India Limited) is a wholly owned Government of India company. It had submitted its bid in respect of t...


Dec 05 2014

New Green Field Public School Vs. the Controlling Authority and Ors.

Court: Delhi

Decided on: Dec-05-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h December, 2014 % + WP(C) No.150/2002 NEW GREEN FIELD PUBLIC SCHOOL .. Petitioner Through: Mr. Ashish Garg & Mr. Sanjay Gupta, Advs. Versus THE CONTROLLING AUTHORITY & ORS. .. Respondents Through: None. CORAM:HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The petition impugns the order dated 18th July, 2001, of the Controlling Authority under the Payment of Gratuity Act, 1972 (Gratuity Act) in proceeding No.G21/2000/Sough Region/5675 initiated by the respondent No.3 Mrs. P. Satyavani, rejecting the preliminary objection raised by the petitioner of the said respondent No.3 employed as a Trained Graduate Teacher (TGT) with the petitioner School being not an employee within the meaning of Section 2(e) of the Gratuity Act and resultantly, holding the proceeding initiated by the respondent No.3 Mrs. P. Satyavani to be maintainable and listing it for evidence.2. The petitioner preferred an appeal to the Appellate Authority under the Gratu...


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