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Delhi Court December 2014 Judgments

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Dec 02 2014 (HC)

Mohit Sareen Vs. State and Anr.

Court: Delhi

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5491/2014 MOHIT SAREEN Through: ..... Petitioner Mr. Satya Narayan, Advocate with petitioners in person. versus STATE & ANR. Through: ..... Respondents Mr. P.K. Mishra, APP for the State with SI Shashi Kumar, PS Moti Nagar. R-2 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl. M.A. 18729/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 5491/2014 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.222/2013 registered under Sections 279/337/304-A IPC at Police Station Moti Nagar on 6th July, 2013 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Mr. P.K. Mishra, Additional Public Prosecutor enters appearance and accepts notice on behalf of the State/respondent No.1.3. Petitioner as well as complainant/respondent No.2-Bal ...

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Dec 02 2014 (HC)

Suyash Manocha and Anr. Vs. State and Anr. (Nct of Delhi)

Court: Delhi

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5485/2014 SUYASH MANOCHA & ANR. ..... Petitioners Through: Ms. Veena Ralli, Advocate with petitioners in person. versus STATE & ANR.(NCT OF DELHI) ..... Respondent Through: Ms. Nishi Jain, APP for the State with SI Azad Singh, PS Ashok Vihar. Mr. Ravin Rao, Advocate for R-2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % ORDER0212.2014 Crl. M.A. 18720/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 5485/2014 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.328/2013 registered under Sections 498A/406/34 IPC at Police Station Ashok Vihar on 22nd October, 2013 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor and Mr. Ravin Rao, Advocate enter appearance and accept notice on behalf of the State/respon...

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Dec 02 2014 (HC)

Vasdev Sachdeva Vs. J and K Horticultural Produce Mkt and Processing C ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3909/1992 Decided on :02. 12.2014 s IN THE MATTER OF VASDEV SACHDEVA ..... Petitioner Through : Mr. S.S. Dahiya and Mr. L.K. Dahiya, Advocates. versus J & K HORTICULTURAL PRODUCE MKT & PROCESSING CORPN.LTD.& ANR ..... Respondents Through : Mr. V.K. Dhar, Advocate CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HIMA KOHLI, J (Oral) 1. The present petition has been filed by the petitioner praying inter alia that the respondent/Jammu & Kashmir Horticultural Produce Marketing & Processing Corporation Limited be directed to regularize his services on the post of Marketing Assistant w.e.f. 13.10.1987, the date of his appointment, on a regular basis and to pay him the same salary and allowances as are being paid to similarly placed employees, along with consequential benefits.2. Notice was issued on the present petition on 5.11.1992 and Rule was issued on 28.9.1993. On 3.11.1999, learned counsel for the respondents had stated that the respondent/manag...

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Dec 02 2014 (HC)

Senior Citizens Forum Through Its Vice President M Vs. Union of India ...

Court: Delhi

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d December, 2014 % + W.P.(C) 4777/2012 & CM No.9884/2012 (for directions) SENIOR CITIZEN'S FORUM THROUGH ITS VICE PRESIDENT M.M.S. RANA ..... Petitioner Through: Mr. Rahul Sharma & Mr. Jitender Ratta, Advs. versus UNION OF INDIA & OTHERS ..... Respondents Through: Ms. Anjana Gosain, Adv. for R-1. Mr. Arun Bhardwaj, Sr. Adv. with Mr. Avneesh Garg, Advs. for R-3 to R-5. Mr. K. Raghavcharyulu with Mr. Kailash Pandey, Mr. Ranjeet Singh & Ms. Arunima Pal, Advs. for R-6. CORAM :HONBLE THE CHIEF JUSTICE HONBLE 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), alleges, (i) that aviation fuel has to be tested to ensure that the water content in the same is within the prescribed norms and standards; (ii) such testing has to be done at various stages i.e. at the laboratory of the Oil Company, at the storage facility of the Oi...

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Dec 02 2014 (HC)

Competition Commission of India Vs. Jcb India Ltd. and Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA7152014 Pronounced on:02. 12.2014 COMPETITION COMMISSION OF INDIA ... Appellant Through: Mr. Sanjay Jain, ASG with Mr. Vaibhav Gaggar, Mr. Abhimanyu Chopra, Mr. Nitish Sharma & Mr. Vidur Mohan, Advocates Versus JCB INDIA LTD. & ORS. ... Respondents Through: Dr. A.M. Singhvi, Mr. Rajiv Nayyar, Sr. Advocates with Mr.G.R. Bhatia, Ms. Kanika Nayar, Ms. Nidhi Singh Prakash, Ms.Deeksha Manchanda and Ms.Tripti Malhotra, Advocates for Respondents. Mr. Udayan Jain, Adv. for Bull Machines (P) Ltd./Informant. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT : MS.G.ROHINI, CHIEF JUSTICE Three interim orders passed by the learned Single Judge in W.P.(C) No.2244/2014 are assailed in this appeal filed by the Competition Commission of India (for short CCI).2. The essential facts of the case are as under:Bull Machines Pvt. Ltd. (respondent No.2 herein) filed information before CCI under Section 19(1)(a) of the Competition Ac...

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Dec 02 2014 (HC)

Sandeep Kumar Singh Vs. Union of India and Ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2386/2012 Reserved on :11. 11.2014 Pronounced on :02. 12.2014 IN THE MATTER OF: SANDEEP KUMAR SINGH ..... Petitioner Through : Mr. Yudhister Bhardwaj, Advocate versus UNION OF INDIA AND ORS ..... Respondents Through : Mr. M.P. Singh, Advocate for R-1. Mr. Rajat Arora, Advocate for R-2. None for respondent No.3 CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.1. The petitioner has filed the present petition praying inter alia for quashing of the entire selection process undertaken by the Institute of Banking Personnel Selection (IBPS) on behalf of the respondent No.2/Bank of India, pursuant to the advertisement issued on 15.7.2011. He has also questioned the selection of the respondent No.3 in the OBC category to the post of Law Officer Scale-I and prays that he be appointed with the respondent No.2/Bank in place of the said respondent.2. Briefly stated, the facts of the case are that the respondent No.2/Bank had issued an advertiseme...

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Dec 02 2014 (HC)

State Nct of Delhi Vs. Ram Kirapl

Court: Delhi

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :2. d December, 2014 + CRL.L.P. 466/2012 STATE NCT OF DELHI Through : ..... Petitioner Mr.Neeraj Kr. Singh, APP. versus RAM KIRPAL ..... Respondent Through : None. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.(ORAL) Crl.M.A.No.16347/2012 (Condonation of delay) 1. This is an application moved on behalf of the Petitioner/State praying for condonation of delay in filing the present leave petition.2. For the reasons given in the application, the delay in filing the leave petition is condoned.3. Application stands disposed of. Crl.L.P. No.466/2012 1. By this petition filed under section 378(1) Cr.P.C., the State seeks leave to appeal against judgment dated 24.10.2011 passed by the learned Addl. Sessions Judge (SE-01), Saket, New Delhi in Sessions Case No.28/11 FIR No.154/2009, under Section 376 IPC, P.S. Govind Puri.2. The Respondent/Accused was sent to face trial for committing offence punishable under Section 376...

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Dec 02 2014 (HC)

Union of India Vs. Rashid Jung .

Court: Delhi

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA6282014 Decided on 2nd December, 2014 UNION OF INDIA ..... Appellant Through : Mr. Anurag Ahluwalia, Adv. versus RASHID JUNG ..... Respondent Through : Mr. Wasim Ashraf, Adv. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(Oral) Caveat No.1065/2014 1. Since caveator has appeared, caveat is discharged. CM Appl. No.19770/2014 (exemption) 2. Allowed, subject to all just exceptions.3. Application is disposed of. RFA6282014 4. Arguments heard and material placed on record perused.5. On an application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (Code, for short) filed by the respondent, trial court has passed a decree of possession in favour of respondent and against the appellant in respect of the tenanted premises, that is, ground floor of property known as Park Mansion, Sar Syed Ahmad Road, Darya Ganj, New Delhi 110002 (hereinafter referred to as suit property). Aggrieved by the judgment and decree dated 11th Septe...

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Dec 02 2014 (HC)

Nidhi Builders (P) Ltd Vs. Director General Md Accn Product

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 27/2014 % Judgment Reserved on:18. 11.2014 Judgement pronounced on:02. 12.2014 NIDHI BUILDERS (P) LTD ..... Decree Holder Through: Mr Arvind Sharma and Mr Mukund Kumar, Advocates versus DIRECTOR GENERAL MD ACCN PRODUCT.. Judgement Debtor Through: Mr Jaswinder Singh, Advocate CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 The present execution petition has been filed for execution of the award dated 28.08.2012 for a sum of Rs. 25,94,580.78/-. It is submitted that vide this award, the Arbitrator has granted an amount of Rs.25,94,580.78/towards BGB. Although the BGB was for Rs.38,78,400/-, it was released only to the extent of Rs. 25,94,580.78/-, after adjusting an amount of Rs.12,83,819.22/- payable by the Contractor to the Union of India.2. The respondent was served of the present execution petition. The respondent has raised the contention that since a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinaft...

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Dec 02 2014 (HC)

Sanjay Bhatia Vs. Union of India and Anr

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:02. 12.2014 + WP (C) No.8453/2014, CM APPL.19518/2014 SANJAY BHATIA Through: ..... Petitioner Ms.Maninder Acharya, Senior Adv. with Mr. Vinay Mohan, Mr. Bharat Mohan and Mr. Yashish Chandra, Advs. Versus UNION OF INDIA & ANR Through: ..... Respondent Ms. Barkha Babbar, Adv. CORAM: HONBLE MR. JUSTICE KAILASH GAMBHIR HONBLE MR. JUSTICE NAJMI WAZIRI KAILASH GAMBHIR, J.(Oral) 1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks quashing of the impugned order dated 29 th August, 2014 passed by the learned Armed Forces Tribunal (AFT) in O.A. No.402/2014.2. Arguing for the petitioner, Ms. Maninder Acharya, learned Senior Advocate submitted that there is a clear bias on part of the Enquiry Officer, which is reflected in the letter dated 11th August, 2014 addressed by the petitioner to Brig Arjun Rawat wherein the petitioner clearly alleged that when he was advised rest (SIQ) by Col Balani, Surg...

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