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Delhi Court February 2014 Judgments

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Feb 19 2014 (HC)

Muslim @ Salim Vs. the State (Nct of Delhi)

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :23. d JANUARY, 2014 DECIDED ON :19. h FEBRUARY, 2014 + CRL.A. 1477/2011 & CRL.M.B.No.2088/2011 MUSLIM @ SALIM ..... Appellant Through : Ms.Nandita Rao, Advocate. VERSUS THE STATE (NCT OF DELHI) Through : ..... Respondent Mr.Lovkesh Sawhney, APP. RESERVED ON :18. h FEBRUARY, 2014 DECIDED ON :19. h FEBRUARY, 2014 + CRL.A. 34/2013 & CRL.M.B.No.52/2013 KAFIL AHMAD ..... Appellant Through : Mr.Ravi Chaturvedi, Advocate. VERSUS THE STATE (NCT OF DELHI) Through : ..... Respondent Mr.Lovkesh Sawhney, APP. AND RESERVED ON :18. h FEBRUARY, 2014 DECIDED ON :19. h FEBRUARY, 2014 + CRL.A. 641/2013 & CRL.M.B.No.1005/2013 AMIT ..... Appellant Through : Mr.Anwesh Madhukar, Advocate. VERSUS STATE (GOVT. OF NCT) OF DELHI Through : ..... Respondent Mr.Lovkesh Sawhney, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Challenge in these appeals is to a judgment dated 03.08.2011 of learned Addl. Sessions Judge in Sessions Case No.99/10 arising ou...

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Feb 19 2014 (HC)

Om Parkash @ Ram Kirpal Vs. State

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.384/1998 Reserved on:13. h January, 2014 Date of Decision:19. h February, 2014 % OM PARKASH @ RAM KIRPAL Through ..... Appellant Mr. Ashok Kumar Jha, Advocate. Versus STATE ..... Respondent Through Mr. Rajat Katyal, Additional Public Prosecutor. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P. MITTAL SANJIV KHANNA, J: Om Prakash, the appellant stands convicted under Sections 302 and 324 of the Indian Penal Code, 1860 (IPC for short) by the impugned judgment dated 30th May, 1998 arising out of FIR No.217/1991, police station Dabri. By order on sentence dated 30th May, 1998, the appellant has been sentenced to life imprisonment and fine of Rs.500/- for the offence under Section 302 IPC. In default of payment of fine, he has to undergo Simple Imprisonment for 15 days. For the offence under Section 324 IPC, the appellant has been sentenced to Rigorous Imprisonment for one year. The sentences were to run concurr...

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Feb 19 2014 (HC)

Amit Vs. State (Govt. of Nct) of Delhi

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :18. h FEBRUARY, 2014 DECIDED ON :19. h FEBRUARY, 2014 + CRL.A. 34/2013 KAFIL AHMAD ..... Appellant Through : Mr.Ravi Chaturvedi, Advocate. versus THE STATE (NCT OF DELHI) ..... Respondent Through : Mr.Lovkesh Sawhney, APP. AND + CRL.A. 641/2013 AMIT ..... Appellant Through : Mr.Anwesh Madhukar, Advocate. versus STATE (GOVT. OF NCT) OF DELHI ..... Respondent Through : Mr.Lovkesh Sawhney, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.The present appeals stand disposed of in terms of a detailed common judgment delivered today which is placed in the file of Crl.A.No.1477/2011 titled Muslim @ Salim vs. The State (NCT of Delhi). (S.P.GARG) JUDGE FEBRUARY19 2013/ tr...

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Feb 19 2014 (HC)

Ashok Sardana and anr. Vs. Pramod Sardana and anr.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: January 23, 2014 Judgment Pronounced on: February 19, 2014 + RFA(OS) 16/2013 ASHOK SARDANA & ANR. Represented by: ..... Appellants Mr.Kuldeep Singh, Advocate for the appellants with appellant No.1-in-person. versus PRAMOD SARDANA & ANR. Represented by: ..... Respondents Mr.Pramod Sardana, Respondent No.1-in-person. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The present Regular First Appeal under Section 96 CPC is filed against order and decree dated October 15, 2012 passed in CS(OS) No.2515/1991 by the learned Single Judge.2. The appellant No.1 filed the present suit seeking a preliminary decree of partition declaring the plaintiffs share as 1/2 in the property (a) B-39, West Nizamuddin, New Delhi and 1/5th in the properties (b) A-82, New Friends Colony, New Delhi and (c) agricultural land situated at village Nangal, Tehsil Fatehbad, District Hissar, Haryana and for ...

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Feb 19 2014 (HC)

Vinod Kumar Binny Vs. Speaker, Delhi Legislative Assembly and anr

Court: Delhi

38 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1154/2014 VINOD KUMAR BINNY ..... Petitioner Through: Mr. V.K. Malik with Mr. Rahul Raj Malik and Mr. Neeraj Saxena with petitioner in person versus SPEAKER, DELHI LEGISLATIVE ASSEMBLY & ANR ..... Respondents Through: Ms. Zubeda Begum Standing Counsel, GNCTD with Ms. Sana Ansari, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE MANMOHAN % ORDER1902.2014 CM Appl. 2419/2014 Exemption allowed, subject to just exceptions. WP(C) 1154/2014 Present writ petition has been filed challenging the letter dated 11 th February, 2014 issued by the office of respondent No.1 wherein following the judgment of the Supreme Court in G. Viswanathan vs. Speaker, T.N. Legislative Assembly, (1996) 2 SCC353 it was clarified that the petitioner, even after expulsion, continues to belong to the political party which set him up as a candidate for the election. Issue notice. Ms. Zubeda Begum, learned Standing Counsel accepts notice for respondent No.1. Notice shall n...

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Feb 19 2014 (HC)

Dev Raj Vs. Delhi Development Authority

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: February 13, 2014 Judgment Pronounced on: February 19, 2014 + LPA6252013 Appellant DEV RAJ Represented by: Mr.Sanjay Poddar, Senior Advocate instructed by Mr.R.K.Saini and Mr.Vikram Saini, Advocates versus DELHI DEVELOPMENT AUTHORITY ....Respondent Represented by: Ms.Shobhana Takiar, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The present Letters Patent Appeal is filed against order dated 11.07.2013 dismissing the writ petition of the appellant. The writ petition was filed seeking a writ of certiorari for quashing the action of respondent/DDA in cancelling the allotment of a flat to the petitioner and in declining to restore and make alternative allotment at old rate as per policy. Other connected reliefs were also sought.2. The appellant states that on 29.12.1989 registered with DDA under its Special Housing Registration Scheme for SC/ST known as Ambedkar A...

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Feb 19 2014 (HC)

Harish Chander Vs. M/S. Gambit Leasing and Finance (Pvt.) Ltd. and anr ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.322/2010 19th February, 2014 % HARISH CHANDER Through: ..... Appellant Mr. N.L. Bareja, Advocate. Versus M/S. GAMBIT LEASING & FINANCE (PVT.) LTD. & ANR. ..... Respondents Through: Ms. Neha, Advocate for respondent No.1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal is filed under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) impugning the judgment of the court below dated 4.5.2010 which dismissed the objections under Section 34 of the Act on the ground that the same are barred by limitation.2. Taking that the objections were within time the next issue which arises is that whether the appellant/objector are entitled to succeed on merits for setting aside of the Award dated 13.8.2007 which has decreed the claim of the respondent no.1/finance company against the principal borrower one Sh. Pappu and against the ...

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Feb 19 2014 (HC)

Reliance General Ins Co Ltd Vs. Amir Hassan and ors

Court: Delhi

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:19. h February, 2014 MAC.APP. 394/2012 RELIANCE GENERAL INS CO LTD ..... Appellant Represented by: Mr. Sameer Nandwani, Adv. versus AMIR HASSAN & ORS ..... Respondents Represented by: Mr. F.K. Jha, Adv. for R1 to R9. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is directed against the impugned award dated 02.01.2012, whereby Ld. Tribunal granted compensation for a sum of Rs.12,88,925/- with interest @ 7.5% per annum from the date of filing of the petition till realization of the amount.2. Ld. Counsel appearing on behalf of the appellant has argued the instant appeal on the sole ground that on the date of accident, deceased was 49 years of age, however, Ld. Tribunal has added 50% in his actual income towards future prospects contrary to the law settled in the case of Sarla Verma Vs. DTC and Ors. 2009 (6) SCC121 3. Ld. Counsel appearing on behalf of the respondents / claimants d...

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Feb 19 2014 (HC)

M/S. Narang Traders (Fashion Wear) Through Its Par Vs. Anil Kumar and ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on February 19, 2014 + W.P.(C) 6935/2011 & CM No.15921/2011 M/S. NARANG TRADERS (FASHION WEAR) THROUGH ITS PARTNER ..... Petitioner Represented by: Mr.Karunesh Tandon, Advocate. versus ANIL KUMAR AND ANR. Represented by: ..... Respondents Mr.Atul T.N., Advocate for R1 and R2 CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.(Oral) 1. The writ petition has been filed by the petitioner challenging the award of the Labour Court No.XII, Karkardooma Courts, Delhi dated January 29, 2011 passed in Industrial Dispute No.291/08.2. The dispute was raised by the two respondents herein, which was referred by the Govt. of NCT of Delhi for the adjudication of the Labour Court on the following term:Whether the services of Sh. Anil Kumar S/o Sh. Bhola Prasad and Sh. Mithlesh Kumar S/o Sh. Bhola Prasad have been terminated illegally and/or unjustifiably by the management and if so, to what relief are they entitled and what directions are neces...

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Feb 19 2014 (HC)

Ministry of External Affairs Vs. K.K.Dharman

Court: Delhi

#40-42 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3406/2012 & CM APPL. 7218/2012 UNION OF INDIA Through ..... Petitioner Mr. Rakesh Tiku, Senior Advocate with Mr. P.R. Choudhary, Advocate versus R JAYACHANDRAN Through ..... Respondent None AND + W.P.(C) 8915/2011 & CM APPLs. 20128/2011, 20162/2012 MINISTRY OF EXTERNAL AFFAIRS ..... Petitioner Through Mr. Rakesh Tiku, Senior Advocate with Mr. P.R. Choudhary, Advocate versus D.K.PANDEY Through ..... Respondent None AND + W.P.(C) 410/2012 & CM APPL. 871/2012 MINISTRY OF EXTERNAL AFFAIRS ..... Petitioner Through Mr. Rakesh Tiku, Senior Advocate with Mr. P.R. Choudhary, Advocate versus K.K.DHARMAN Through W.Ps.(C) 3406/2012, 8915/2011, 410/2012 ..... Respondent Date of Decision :19. h February, 2014 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present batch of writ petitions has been filed challenging the orders of the Central Information Commission (for short CIC) whereby the petitioner-Ministry of Exte...

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