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Delhi Court January 2015 Judgments

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Jan 29 2015

Bharat Heavy Electricals Ltd. Vs. M/S. Bhpv officers Association and O ...

Court: Delhi

Decided on: Jan-29-2015

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5858/2014, C.M. NO.14371/2014 BHARAT HEAVY ELECTRICALS LTD. ..... Petitioner Through: Mr.Atul Sharma, Mr. Yash Srivastava, Mr.Chaitanya Puri and Mr.Sarojanand Jha, Advs. versus M/S. BHPV OFFICERS ASSOCIATION & ORS...... Respondents Through: Mr. Vadrevu Pattabhiram, Adv. for R-1 to R-3. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The petitioner M/s Bharat Heavy Electricals Ltd. (hereinafter referred to as BHEL) made a proposal to take over M/s Bharat Heavy Plates and Vessels Ltd. (hereinafter called transferor company BHPVL) which had been referred to the Board for Industrial and Financial Reconstruction (BIFR), under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA). Various proposals for its rehabilitation were pending and under examination. The Union Cabinet-- on 07.05.2008-- approved BHELs takeover of the said transferor company hold...


Jan 29 2015

Swati Vs. Arvind Mudgal

Court: Delhi

Decided on: Jan-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h January, 2015 + % MAT. APP. 5/2013 SWATI Through : ..... Appellant Ms. Meenakshi Agarwal, Advocate Mr. Sunil Mittal, Amicus curiae versus ARVIND MUDGAL Through : ..... Respondent Ms. Dimple Vivek, Advocate CORAM :HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The appellant has challenged the judgment of the learned Additional District Judge whereby her petition for divorce on the ground of cruelty has been dismissed. For the sake of convenience, the parties shall be referred as per their ranks before the learned Trial Court as petitioner and respondent, respectively. Petitioners case 2. The respondent married the petitioner on 14th June, 2009 by using force, undue influence and coercion. The respondent used to go wild after drinking liquor and he used to utter filthy abuses to the petitioner. The respondent never allowed the petitioner to visit her parents even for a day. The respondent used to quench his thirst of inner instin...


Jan 29 2015

Wadia Techno-Engineering Services Ltd. Vs. Commissioner, North Delhi M ...

Court: Delhi

Decided on: Jan-29-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 483/2013 WADIA TECHNO-ENGINEERING SERVICES LTD. ..... Petitioner Through: Ms. Meenakshi Arora, Senior Advocate with Mr. Shambo Nandy, Advocate. versus COMMISSIONER, NORTH DELHI MUNICIPAL CORPORATION & ORS. ..... Respondents Through: Mr. Sunil Goel, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER2901.2015 1. This petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (Act) seeks appointment of an Arbitrator to adjudicate the disputes between the Petitioner Wadia TechnoEngineering Services Ltd. (WTSL) [formerly known as Gherzi Eastern Ltd. (GEL)]. and the North Delhi Municipal Corporation (NDMC), the successor entity to the Municipal Corporation of Delhi (MCD).2. The background to the petition is that on 16th August 2004, an Advisory Services Agreement (ASA) was executed between the GEL and MCD for rendering consultancy services in connection with a Civic Centre at Jawaharlal Nehru Marg, Minto Road, New Delhi. GEL was to re...


Jan 29 2015

D.D.A. Vs. R.S.Samdaria

Court: Delhi

Decided on: Jan-29-2015

$~4. * IN THE HIGH COURT OF DELHI AT NEW DELHI + % Date of Decision:29. 01.2015 CRL.A. 378/2008 D.D.A. ..... Appellant Through: Mr. Rajesh Mahajan, Advocate. versus R.S.SAMDARIA ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(OPEN COURT) 1. The present appeal has been preferred to assail the judgment passed by Sh.A.K. Chaturvedi, Metropolitan Magistrate, New Delhi in the complaint preferred by the appellant under Section 14 read with Section 29(2) of the Delhi Development Act, 1957 (the Act) against the respondent registered as Complaint Case No.419/01. By the impugned judgment, the respondent accused has been acquitted by the learned Magistrate.2. The case of the complainant/ DDA in brief was that on inspection conducted on 07.11.2001, the accused was found putting to use premises No.F-80, First Floor, Bhagat Singh Market, New Delhi, for running a shop/ showroom under the name and style of M/s Samdaria Jewellers on the first floor in an area of abou...


Jan 29 2015

Sudesh Khanna Vs. State and Anr.

Court: Delhi

Decided on: Jan-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 29, 2015 + CRL.M.C. 2523/2014 & Crl.M.A. 8530/2014 SUDESH KHANNA Through: ..... Petitioner Mr. D.K. Sharma, Advocate versus STATE & ANR Through: .....Respondents Mr. Navin Sharma, Additional Public Prosecutor for respondentState with SI B.D. Meena Mr. Santosh Kumar Jha, Advocate with respondent No.2/AR in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.414/2002, under Sections 63/68A of the Copyright Act and Section 292 of IPC registered at police station Connaught Place, New Delhi is sought on the basis of affidavit of respondent No.2, the authorized representative of the company. Notice. Mr. Navin Sharma, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Santosh Kumar Jha, Advocate, accepts notice on behalf of respondent No.2. Learned Additional Public Prosecutor for respondent-State submits CRL.M.C. 2523/2014 Page 1 that Mr. Ashwani Katoch, present in ...


Jan 29 2015

Amarjit Singh Vs. Ravinder Kumar Kandh

Court: Delhi

Decided on: Jan-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 43/2015 Decided on:29. h January, 2015 % AMARJIT SINGH Through ..... Petitioner Mr. Khusbhir Singh, Ms. Guncha Anand, Advs. versus RAVINDER KUMAR KANDH ..... Respondent Through Mr. Anil Sharma, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) CAVEAT432015 Learned counsel for the caveator enters appearance. Caveat is discharged. CM12252015 Exemption allowed subject to just exceptions. CM12262015 For the reasons stated in the application the delay of 10 days in refilling the petition is condoned. RC.REV. 43/2015 & CM12242015 (stay) 1. The petitioner challenges the order dated 30th October, 2014 whereby the leave to defend application filed by the petitioner was dismissed in an eviction petition filed by the respondent under Section 14(1)(e) of the Delhi Rent Control Act (in short the DRC Act).2. In the eviction petition, the respondent pleaded that the respondent was the owner of the properties bearing No.8697, 8698, 86...


Jan 29 2015

Satish Kumar @ Satish Singh Vs. Laxmi Chand Jain and Ors

Court: Delhi

Decided on: Jan-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 171/2012 & CMs. 7225/2012 & 7227/2012 Decided on:29. h January, 2015 % SATISH KUMAR @ SATISH SINGH ..... Petitioner Through Mr. Sidharth Joshi, Adv. versus LAXMI CHAND JAIN AND ORS ..... Respondent Through Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Sanjay Dua and Mr. Uday Joshi, Advs. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. By this petition the petitioner impugns the order dated 18 th November, 2011 whereby the leave to defend application of the petitioner was declined in an eviction petition filed by the respondent under Section 14(1)(e) of the Delhi Rent Control Act (in short the DRC Act).2. In the eviction petition the respondents herein i.e. respondent No.1 Laxmi Chand Jain, respondent No.2 Laxmi Chand Jain & Sons HUF and respondent No.3 Suresh Chand Jain pleaded that petitioner No.1 and 3 are brothers and owners of the suit property bearing No.4262/2 Ansari Road, Darya Ganj, New Delhi which devolved on them ...


Jan 29 2015

Rajeshwar Prasad Agarwal Vs. State and Ors.

Court: Delhi

Decided on: Jan-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 29, 2015 + CRL.M.C. 4254/2014 RAJESHWAR PRASAD AGARWAL ..... Petitioner Through: Ms. Anupriya Yadav, Advocate versus STATE & ORS Through: .....Respondents Mr.Karan Singh, Additional Public Prosecutor for respondent-State with SI Mehrab Khan Respondents No.2 & 3 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.185/2004, under Sections 337/338/228 of IPC registered at police station Khajoori Khas, Delhi is sought on the basis of affidavits of respondents No.2 and 3, who were injured in the incident in question. Notice. Mr. Karan Singh, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondents No.2 & 3, present in the Court, are the injured persons in the FIR in question and they have been identified to be so by SI Mehrab Khan on the basis of identity proof produced by them. Respondents No.2 & 3, present in the Court, submit that the CRL.M.C. ...


Jan 29 2015

Sarabjeet and Anr. Vs. State (Gnct of Delhi) and Anr.

Court: Delhi

Decided on: Jan-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 29, 2015 + CRL.M.C. 4602/2014 SARABJEET & ANR Through: ..... Petitioners Mr. Rupak Srivastava and Mr. Arup Banerjee, Advocates versus STATE (GNCT OF DELHI) & ANR .....Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with SI Jitender Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.661/2014, under Section 304-A of IPC registered at police station Rani Bagh, Delhi is sought on the ground that the misunderstanding which led to registration of the FIR now stands cleared between the parties. Notice. Ms. Nishi Jain, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2, present in the Court, is the father of the deceased and he has been identified to be so by SI Jitender on the basis of identity proof produced by him. Respondent No.2, present in the Court, submits that his son had CRL....


Jan 29 2015

Lt. Col. (Retd.) N.S. Gulia Vs. General Secretary, the Indian Ex-Servi ...

Court: Delhi

Decided on: Jan-29-2015

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7348/2014 Lt. COL. (Retd.) N.S. GULIA ..... Petitioner Through: Ms Swaty Malik & Mr Sanjeev Kr. Baliyan, Advs. versus % GENERAL SECRETARY, THE INDIAN EX-SERVICES LEAGUE & ORS ..... Respondents Through: Mr Amitava Chauhan, Adv. for R-1 & 2. Mr Manish Mohan, CGSC with Mr Brajesh Kumar, Ms Manisha Rana, Ms Sidhi Arora & Ms Hina Shaheen, Advs. for R-3. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER ORDER2901.2015 1. This is a petition filed under Article 226 of the Constitution. The reliefs sought in the writ petition is as follows:a. Direct the respondents to refund the donation of Rs. 2,50,000/- along with interest, made towards the construction of a one room set at the Sainik Rest house in IESL Complex. b. Any other order/ direction which this Honble Court may deem fit & Proper to be passed in the given facts and circumstances of the case. 2. Notice in this petition was issued on 31.10.2014. On that date, respondent no.3, was represent...


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