Delhi Court March 2014 Judgments
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Shiv NaraIn Singh Sidhu Vs. Central Bureau of Investigation
Court: Delhi
Decided on: Mar-21-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 781/2013 & Crl.M.A.7844/2013 % Judgment dated 21.3.2014 SHIV NARAIN SINGH SIDHU ..... Petitioner Through: Mr.Maninder Singh, Sr. Advocate with Mr.Ashutosh Lohia, Ms.Payal Chandra and Ms.Richa Narang, Advocates versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr.P.K. Sharma, S.C. for CBI and Mr.A.K. Singh and Mr.Bakul Jain, Adv. for CBI. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. By the present petition, petitioner seeks quashing of the order on charge dated 7.11.2012 framed by the Special Judge in RC No.DIA-2007-A-0050 on 17.1.2013 under Section 120B IPC read with Sections 420/467/468/471 IPC and Sections 13 (2) read with Section 13 (1) (b) of the Prevention of Corruption Act. It is contended that the petitioner has retired as Director (ADMIN), Delhi Urban Shelter Improvement Board, Govt. of NCT of Delhi on 28.2.2013. All throughout his service career, the petitioner has performed his duties with...
Shyambir Vs. State Govt. of Nct of Delhi
Court: Delhi
Decided on: Mar-20-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : March 19, 2014 DECIDED ON : March 20, 2014 + CRL.A. 310/2012 SHYAMBIR ..... Appellant Through : Mr.Pramod Kr.Dubey with Mr.Shiv Pande, Advocates. Versus STATE GOVT. OF NCT OF DELHI ..... Respondent Through : Mr.Lovkesh Sawhny, APP. SI Manjeet Kumar, PS South Campus. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Challenge in this appeal is to a judgment dated 05.10.2011 in Sessions Case No.95/11 arising out of FIR No.56/10 registered at Police Station Dhaula Kuan by which the appellant-Shyambir was held guilty for committing offence under Section 392 read with Section 397 IPC. By an order on sentence dated 10.10.2011, he was awarded RI for five years with fine 5,000/- under Section 392 IPC and RI for seven years under Section 397 IPC. Both the substantive sentences were to operate concurrently.2. Allegations against the appellant were that on 27.03.2010 at about 11.30 a.m. at or near Arjun Vihar Bus Stand, Dhaula Kaun, he and his asso...
New India Assurance Co Ltd. Vs. Sh. Yogesh Sharma and ors
Court: Delhi
Decided on: Mar-20-2014
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:20. h March, 2014 % + MAC.APP. No.417/2011 NEW INDIA ASSURANCE CO LTD. Represented by: ..... Appellant Mr.Kanwal Chaudhary, Advocate. Versus SH. YOGESH SHARMA & ORS Represented by: ..... Respondents Mr. Navneet Goyal, Advocate for Respondent No.1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the present appeal, the appellant/Insurance Company has assailed the impugned award dated 11.01.2011, whereby the learned Tribunal awarded compensation for a sum of Rs.5,43,000/- with interest at the rate of 7.5 % per annum from the date of filing of the claim petition till realization of the amount.2. Brief facts of the case are that on 17.07.2006 at about 5.45 AM, the respondent No.1 was travelling in Tempo bearing No.UP-14M-5265 and 47A-2865, which was being reversed by respondent No.2 without giving any signal or indication in a rash and negligent manner, thereby causing damages to the Tempo and grievous...
Urmila Rani Vs. Manjit Kaur and anr.
Court: Delhi
Decided on: Mar-20-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % URMILA RANI FAO No.160/2013 Through:20. h March, 2014 ......Appellant Mr. Balraj Dewan, Adv. VERSUS MANJIT KAUR & ANR. Through: ...... Respondents Ms. Pratima N. Chauhan, Adv. for R1. Mr. Rajveer Singh, Adv. for Mr. Pankaj Seth, Adv. for R-2. 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 30 of the Employees Compensation Act, 1923 (in short the Act) impugning the order of the Commissioner dated 20.2.2012 which has passed an order of imposition of penalty under Section 4-A of the Act against the appellant-employer.2. It is now settled law as per the judgment of the Supreme Court in the case of Ved Prakash Garg Vs. Premi Devi & Ors. JT197(8) S.C. 229 that an insurance company is only liable to pay the compensation determined under the Act as also interest payable on the compensation under Section 4A of the Act, but, the insurance company i...
Mohd.Jahangir Khan @ Takla Vs. State (Govt. of Nct) of Delhi
Court: Delhi
Decided on: Mar-20-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :20. h MARCH, 2014 + CRL.A.1240/2012 MOHD.JAHANGIR KHAN @ TAKLA ..... Appellant Through : Mr.S.B.Dandapani, Advocate. VERSUS STATE (GOVT. OF NCT) OF DELHI .... Respondent Through : Mr.Lovkesh Sawhney, APP. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.(Open Court) 1. Mohd. Jahangir Khan @ Takla (the appellant) questions the legality and correctness of a judgment dated 31.03.2012 in Sessions Case No.137/11 arising out of FIR No.267/08 registered at Police Station Dabri by which he was convicted for committing offence under Section 395 IPC. By an order on sentence dated 09.04.2012, he was awarded rigorous imprisonment for ten years with fine `25,000/- under Section 395 IPC.2. Allegations against the appellant were that on 12.05.2008 at about 11.45 A.M. at house No.RZ-B-2, Raghu Nagar, Pankha Road, Dabri, he and his associates committed decoity and deprived the complainant Smt.Seema Sharma and her family members of cash and gold/silver orname...
Yogesh Sharma Vs. Shyam Singh and ors.
Court: Delhi
Decided on: Mar-20-2014
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:20. h March, 2014 % + MAC.APP. No.453/2011 YOGESH SHARMA Represented by: ..... Appellant Mr. Navneet Goyal, Advocate. Versus SHYAM SINGH & ORS. Represented by: ..... Respondents Mr.Kanwal Chaudhary, Advocate for Respondent No.3/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred against the impugned award dated 11.01.2011, whereby the learned Tribunal awarded compensation for a sum of Rs.5,43,000/- with interest at the rate of 7.5 % per annum from the date of filing of the petition till realization of the amount.2. Vide the instant appeal, the appellant is seeking enhancement of the compensation as noted above.3. Mr. Navneet Goyal, Learned counsel appearing on behalf of the appellant argued that despite 40% permanent disability suffered by the appellant, the learned Tribunal has not added any amount in his actual income towards future prospects. The age of ...
R.K.Kwatra and ors Vs. State and anr
Court: Delhi
Decided on: Mar-20-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:13. 03.2014. Judgment delivered on:20. 03.2014. CRL.M.C. 3951/2013 & Crl. M.A. No.14129/2013 R.K. KWATRA & ORS ..... Petitioners Through Mr. Tanmaya Mehta, Adv. + versus STATE & ANR Through ..... Respondents Ms. Kusum Dhalla, APP Mr. R.S. Mahla and Mr. Jitender Kumar Panchal, Advs for R-2 CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 The petitioners seek quashing of present FIR No.224/2013 registered under Sections 323/506/341/354 of the IPC against the three petitioners namely R.K. Kwatra, his wife Jagmohini Kwatra and his daughter Shalini Kwatra; submission is that this FIR which was registered pursuant to a complaint made under Section 156(3) of the Cr.PC was registered after a delay of three years and is in fact only a counter-blast of FIR No.296/2010 which had been registered on the complaint of Shalini against B.S. Rachhora and his sons. 2 Record shows that on 15.08.2010 a quarrel had taken place bet...
Bata India Limited Vs. Anupam Tower (P) Ltd. and ors.
Court: Delhi
Decided on: Mar-20-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO No.414/2013 & CM No.18252/2013 (stay) % BATA INDIA LIMITED Through:20. h March, 2014 ...... Appellant Mr. H.L.Tiku, Sr. Adv. with Mr. Sushant Kumar and Ms. Mansi Sharma, Advocates. VERSUS ANUPAM TOWER (P) LTD. & ORS. ...... Respondents Through: Mr. Manish Sharma, Ms. Shivanshi Gupta and Mr. Nitin Sharma, Advocates. 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 Order 43 Rule 1 (d) CPC against the impugned order of the court below dated 24.8.2013 by which the application under Order 9 Rule 13 CPC filed by the appellant-defendant for setting aside the ex parte judgment and decree for mesne profits dated 6.6.2012 was dismissed.2. The facts of the case are that the appellant was the tenant in the suit premises comprising of an area of 3825 sq. ft. on the second floor of the property bearing No.23-A Najafgarh Road, New Delhi. The rate of rent was m...
Vinod @ Chavani Vs. State (Govt. of Nct) of Delhi
Court: Delhi
Decided on: Mar-20-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: March 20, 2014 + CRL.A. 666/2009 VINOD @ CHAVANI Through: ..... Appellant Mr. Jaideep Malik, Advocate versus STATE (GOVT. OF NCT) OF DELHI ..... Respondent Through: Mr. Sunil Sharma, APP for the State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT KAILASH GAMBHIR, J.1. Challenge in the present appeal is the impugned judgment and order on sentence dated 16.01.2008, whereby the learned Additional Sessions Judge had convicted the appellant for the commission of offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as IPC) and sentenced him to undergo imprisonment for life together with fine of Rs.5,000/- or in default of payment of fine, to further undergo rigorous imprisonment for a period of one month.2. The case of the prosecution in brief is reproduced as under:- On 14.02.2005. Constable Ashok Kumar, while posted at PS Mangolpuri, was on duty in F a...
Ram Lal and ors. Vs. Ramkesh Gupta and ors.
Court: Delhi
Decided on: Mar-20-2014
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:20. h March, 2014 + MAC.APP. No.860/2011 RAM LAL & ORS. Represented by: Singh, Advs. ..... Appellants Mr. Amit Kr. Pandey and Mr. K.K. Versus RAMKESH GUPTA AND ORS. ..... Respondents Represented by: Mr. Nishant Kumar Srivastava, Adv. for R1. Ms. Suman Bagga, Adv. for R3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the present appeal, appellants / claimants have assailed the award dated 23.07.2011 passed by the Ld. Tribunal, whereby their Claim Petition was dismissed.2. The brief facts of the case are that on 13.01.2009, at about 4.30AM, deceased Ajit Kumar hired an auto rickshaw bearing No.DL-1RK-4202 for dropping his friend Sh. Munkeer Sheikh at Old Delhi Railway Station. When they reached at T Point of Mathura Road and Sher Shah Road, New Delhi, the above noted TSR had collided with an unknown dumper. Due to which, all the occupants of the TSR were severely injured and became unconscious. T...
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