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Delhi Court January 2015 Judgments

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Jan 16 2015

Subhash Sharma Vs. State

Court: Delhi

Decided on: Jan-16-2015

$~R-3. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 672/1999 Date of decision :16th January, 2015 % SUBHASH SHARMA Through : ..... Appellant Mr.Sanjiv Narula, Adv. versus STATE Through : ..... Respondent Mr.Sunil Sharma, APP for the State. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT (ORAL) 1. Present appeal has been filed by the appellant under Section 374 of the Code of Criminal Procedure against the judgment dated 19.11.1999 and order on sentence dated 22.11.1999, by which the appellant was sentenced to undergo Rigorous Imprisonment for life with fine of Rs.1000 and in default of payment of fine Rigorous Imprisonment for six months for committing the murder of late Sh.Prahlad Dutt Shastri. The appellant was further sentenced to undergo Rigorous Imprisonment for three years with fine of Rs.500 and in default of payment of fine Rigorous Imprisonment for a further period of three months for the offence punishable under Section 201 of ...


Jan 15 2015

Mariners Buildcon India Ltd. Vs. K.V. Makkar Contracts

Court: Delhi

Decided on: Jan-15-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. 131 of 2013 Reserved on: January 6, 2015 Decision on: January 15, 2015 MARINERS BUILDCON INDIA LTD. ..... Petitioner Through: Mr. Neeraj Malhotra with Mr. Prithu Garg and Mr. Vierat K. Anand, Advocates. versus K.V. MAKKAR CONTRACTS ..... Respondent Through: Mr. Rajesh Tyagi, Advocate. CORAM: JUSTICE S. MURALIDHAR JUDGMENT1501.2015 1. The challenge in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) is to an Award dated 24th September 2012, passed by the sole Arbitrator in the disputes between Mariners Buildcon India Ltd., and the Respondent K.V. Makkar Contracts arising out of an agreement dated 4th May 2009 for construction of a residential building at Sector 87, Faridabad, including forty-eight residential flats, two penthouses at top floor, apart from the basement at stilt level. In terms of the agreement, the construction was to be completed by the Petitioner in one year. The total cost of the project ...


Jan 15 2015

Priya Swami Vs. State

Court: Delhi

Decided on: Jan-15-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.299/2000 % Date of decision :15. hJanuary, 2015 PRIYA SWAMI . APPELLANT Through : Mr. Daviender Hora, Advocate and Mr. Sikandar Khan, Advocate. STATE versus .. RESPONDENT Through : Shri Sunil Sharma, APP for the State. CORAM : HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT (ORAL) 1. Above referred appeal is directed against the impugned judgement dated 04.10.1999 convicting the appellant Priya Swami under Section 302/392/397 Indian Penal Code and order on sentence dated 16.10.1999 awarding the appellant to undergo life imprisonment for the offence committed under Section 302 Indian Penal Code and was further sentenced to undergo rigorous imprisonment for a period of 5 years each for the offences under Section 392/397 Indian Penal Code.2. The prosecution case as it emerges from the record is that on 05.07.1984, Surinder Kumar made a complaint to the police that his brother Khushi Ram ply ...


Jan 15 2015

Daya Nand Chandela Vs. State

Court: Delhi

Decided on: Jan-15-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:06. 01.2015 Judgment delivered on:15. 01.2015 CRL M.A. No.19131/2014 in CRL.A. 835/2010 DAYA NAND CHANDELA Through: ..... Appellant Mr. Ajay Burman, Mr. Harsit Khurana, Mr.Karan Sidhu, Mr.Aditya Swarup Agarwal and Mr. Karan Burman, Advocates. versus STATE ..... Respondent Through: Mr. Lovkesh Sawhney, APP along with SI Rampal, P.S.-. Tilak Nagar. CORAM: HONBLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.1. The appellant has preferred the present application under Section 389 read with Section 482 Cr.P.C. for suspension of conviction during the pendency of the appeal. The appellant had been convicted by the Trial Court vide the impugned judgment dated 03.06.2010 under Sections 452/34 I.P.C. and under Section 307/34 I.P.C. He was sentenced to undergo three years Rigorous Imprisonment (RI) for the offence punishable under Section 452/34 I.P.C. along with fine of Rs.10,000/-. He was also sentenced to undergo three yea...


Jan 15 2015

Subhash Chandra and Anr Vs. Positiv Television (P) Ltd and Ors

Court: Delhi

Decided on: Jan-15-2015

.* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:15. h January, 2015 % + CS(OS) 2777/2014, I.A. Nos.17728/2014, 17729/2014 & 17730/2014 SUBHASH CHANDRA & ANR ..... Plaintiffs Through: Mr.Aman Lekhi, Sr. Advocate for Plaintiff No.1. Mrs.Pratibha M.Singh, Sr. Advocate with Mr.Tejveer Singh Bhatia and Mr.Kapil Midha, Advocates for Plaintiff No.2. versus POSITIV TELEVISION (P) LTD & ORS ..... Defendants Through: Mr.Rajiv Nayar, Sr. Advocate with Ms.Ranjana Roy Gawai and Mr.Kirish Gandhi, Advocates for D-1. Dr.Abhishek Manu Singhvi, Sr. Advocate with Ms.Anisha Somal and Mr.Aakash Bajaj, Advocates for D-5. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiffs namely Mr.Subhash Chandra and Zee Media Corporation Ltd. have filed the present suit for permanent and mandatory injunction and damages against five defendants. The grievance of the plaintiffs is about defamatory broadcast made by the defendants against both the plaintiffs. The reliefs sought by the p...


Jan 15 2015

Aman Kumar Harjai Vs. State and Anr.

Court: Delhi

Decided on: Jan-15-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 15, 2015 + CRL.M.C. 240/2012 & Crl.M.A.869/2012 AMAN KUMAR HARJAI Through: ..... Petitioner Mr. Maninder Singh, Ms. Ekta Vats, Mr. Jagmeet Randhawa & Mr. Prateek Sisodia, Advocates versus STATE & ANR. Through: ..... Respondents Ms. Nishi Jain, Additional Public Prosecutor for State CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of criminal complaint CC No.121/01/2006, under Section 138 of The Negotiable Instruments Act, 1881 titled as Vishesh Infotecnics Ltd. Vs. Aman Harjai & ors. and the summoning order of 18th February, 2006 is sought on merits in this petition. At the hearing, it was submitted by learned counsel for petitioner that petitioner is neither proprietor, director, managing partner nor employee or authorized signatory of the accused-company and has never dealt with the accused-company in any manner. Learned counsel for petitioner submitted that there is no averment against the petitioner...


Jan 15 2015

Shahida Begum @ Shahida Bano Vs. Mohd. Iqbal Khan

Court: Delhi

Decided on: Jan-15-2015

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 458/2013 & CM No.19634/2013 (for stay) Decided on:15. h January, 2015 % SHAHIDA BEGUM @ SHAHIDA BANO ..... Petitioner Through: Mr. Diwan Singh Chauhan, Adv. versus MOHD. IQBAL KHAN ..... Respondent Through: Mr. Nitin Sharma, Adv. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J (ORAL) 1. The petitioner is aggrieved by the order dated 26th July, 2013 whereby the leave to defend application filed by the petitioner in an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (in short the DRC Act) was dismissed by the learned Additional Rent Controller.2. In the eviction petition, the respondent stated that he was the owner of the entire premises bearing No.6853/1, Ward No.XIV, Gali Atthare Wali, Ahata Kedara, Bara Hindu Rao, Delhi-110006. The respondent purchased the said property from its erstwhile owner Smt. Usha Rani Sharma, wife of Sh. Devendra Kumar Sharma and Sh. Surender Kumar Sharma, son of late Sh. ...


Jan 15 2015

Kangra Adarsh Cooperative Group Housing Society Lt Vs. Govt. of Nct of ...

Court: Delhi

Decided on: Jan-15-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:15. 01.2015 + WP(C) 5239/2014 KANGRA ADARSH COOPERATIVE GROUP HOUSING SOCIETY LTD. ..... Petitioner Versus GOVT. OF NCT OF DELHI & ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner: Mr P.S. Rana, Adv. For the Respondents: Mr Amiet Andley, Adv. with Mr Ravinder Yadav, Executive Engineer, PWD CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 The point of attrition in the present writ petition is the elevated signal- free corridor being constructed on the outer ring road, which stretches from Vikas Puri to Mukarba Chowk (hereafter referred to as the elevated corridor). The petitioner society is aggrieved by the action of respondent no.1 [which in effect is represented by the Public Works Department (in short the PWD)]., whereby it has taken a decision to shift the elevated corridor eight (8) metres from the central verge. 1.1 The petitioner society, in effect, says that this decision ...


Jan 15 2015

M/S Visionaire India Vs. M/S Ibm India Pvt Ltd

Court: Delhi

Decided on: Jan-15-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2822/2012 Reserved on:09. 01.2015 Date of decision:15. 01.2015 IN THE MATTER OF: M/S VISIONAIRE INDIA ..... Plaintiff Through: Mr. Anil K. Aggarwal, Advocate with Mr. A.B. Singh, Advocate versus M/S IBM INDIA PVT LTD ..... Defendant Through: Mr. C.M. Oberoi, Advocate with Ms. Surekha Raman, Mr. Anuj Sarma and Mr. Debarshi Bhuyan, Advocates CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.O.A. No.303/2014 (Chamber Appeal by the defendant against the order dated 29.11.2014) 1. The present Chamber Appeal has been filed by the defendant/appellant against an order dated 29.11.2014 passed by the Joint Registrar, dismissing its application for seeking condonation of delay of 59 days in filing the written statement (I.A. 15019/2013) and the application for seeking condonation of delay of 169 days in re-filing I.A. 15019/2013 (I.A. 15020/2013).2. Before referring to the arguments advanced by the counsels for the parties, it is considered neces...


Jan 15 2015

Puran Vs. State

Court: Delhi

Decided on: Jan-15-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.675/1999 Date of decision :15. hJanuary, 2015 % PURAN Through : . APPELLANT Mr. Daviender Hora, Advocate and Mr. Sikandar Khan, Advocate versus .RESPONDENT STATE Through : Shri Sunil Sharma, APP for the State with Inspector Sanjeev Arora, Police Station Ashok Vihar. CORAM : HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT (ORAL) 1. Above referred appeal is directed against the impugned judgement dated 04.10.1999 convicting the appellant Puran under Section 307/392/397/34 Indian Penal Code and order on sentence dated 16.10.1999 awarding the appellant to undergo rigorous imprisonment for a period of 5 years each for the offences under Section 307/392/34 Indian Penal Code and to further undergo rigorous imprisonment for 7 years for offence under Section 397 Indian Penal Code.2. The prosecution case as it emerges from the record is that on 05.07.1984, Surinder Kumar made a complaint to the po...


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