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Delhi Court February 2015 Judgments

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Feb 13 2015

Rajinder Singh@rana and Anr. Vs. State (Govt. of Nct of Delhi) and Anr ...

Court: Delhi

Decided on: Feb-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:13. h February, 2015 + CRL.M.C. 584/2015 RAJINDER SINGH @ RANA & ANR ..... Petitioners Through: Mr. Gurnam Singh, Advocate versus STATE(GOVT OF NCT) DELHI & ANR ..... Respondents Through: Mr. Navin Sharma, Additional Public Prosecutor for State with SI Gajender Mr. Rakesh Walia, Advocate with Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGEMENT % ORAL Crl. M.A. No.2245/2015 (for condonation of delay) For the reasons stated in the application, delay of 16 days, in filing the accompanying petition, is condoned. Application is disposed of. CRL.M.C. 584/2015 Quashing of FIR No.434/2012, under Sections 325/308/34 of IPC registered at police station Rajouri Garden, New Delhi is sought on the basis of Memorandum of Understanding of 20th November, 2014 and on the ground that the misunderstanding, which led to registration of the FIR, now stands cleared between the parties. Upon notice, Mr. Navin Sharma, learned Add...


Feb 13 2015

Lalit Chopra and Ors. Vs. State (Govt of Nct of Delhi) and Anr.

Court: Delhi

Decided on: Feb-13-2015

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 13, 2015 + CRL.M.C. 562/2015 & Crl.M.As.2189-90/2015 LALIT CHOPRA & ORS Through: ..... Petitioners Mr. Varun Sharma and Mr. Sanjay Chauhan, Advocates versus STATE (GOVT OF NCT OF DELHI) & ANR .....Respondents Through: Mr. Navin Sharma, Additional Public Prosecutor for Mr. Vinod Diwakar, Additional Public Prosecutor for respondent-State with ASI Shri Ram Mr. Nishant Rai Goel, Advocate with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.578/2004, under Sections 295-A/292/120-B of IPC and Section 68-A of the Copyright Act registered at police station Hari Nagar, Delhi is sought on the basis of Deed of Compromise/ Settlement of 23rd December, 2014 (Annexure P-3). Notice. Mr. Navin Sharma, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Nishant Rai Goel, Advocate, CRL.M.C. 562/2015 Page 1 accepts notice on behalf of respondent No.2...


Feb 13 2015

Rajesh Singh and Ors. Vs. State and Ors.

Court: Delhi

Decided on: Feb-13-2015

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 13, 2015 + CRL.M.C. 582/2015 & Crl. M.A. No.2242/2015 RAJESH SINGH & ORS Through: ..... Petitioners Ms. Saahila Lamba with Mr. T. Khanna, Advocates versus STATE & ORS Through: ..... Respondent Ms. Nishi Jain, Additional Public Prosecutor for State with SI Vivek Sharma, PS, Gokul Puri Mr. Vikas Sharma, Advocate with respondent No.2 to 4 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.403/2012 under Sections 288/304A of IPC registered at police station Gokul Puri, Delhi is sought on the ground that there was no negligence on the part of petitioners and while maintaining that the legal heirs of the deceased have been duly compensated. At the hearing, learned counsel for petitioners had drawn attention of this Court to the status report of 22nd July, 2013 filed before the trial court which points out that it has been verified that the wall in question was constructed strictly acc...


Feb 13 2015

Mahendra Singh Vs. State and Anr.

Court: Delhi

Decided on: Feb-13-2015

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 13, 2015 + CRL.M.C. 568/2015 & Crl.M.A. 2199/2015 MAHENDRA SINGH Through: ..... Petitioner Mr. R.P. Singh, Advocate versus STATE & ANR Through: .....Respondents Mr. Karan Singh, Additional Public Prosecutor for respondentState with SI Suresh Kumar Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.164/2014, under Sections 498-A/34 of IPC registered at police station Vasant Vihar, Delhi is sought on the basis of Settlement of 10th May, 2014 arrived at Counselling Cell, Family Court, Patiala House Courts, New Delhi. Notice. Mr.Karan Singh, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so by SI Suresh Kumar on the basis of identity proof produced by her. CRL.M.C. 568/2015 Page 1 Respondent No.2, pre...


Feb 13 2015

Kamal Vs. The State and Anr.

Court: Delhi

Decided on: Feb-13-2015

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 13, 2015 + CRL.M.C. 585/2015 & Crl.M.As.2246-47/2015 KAMAL Through: ..... Petitioner Mr. D.V. Goyal, Advocate versus THE STATE & ANR Through: .....Respondents Mr.Praveen Bhati, Additional Public Prosecutor for respondentState with SI Manoj Chahar Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.10/2015, under Sections 287/337/338 of IPC registered at police station Mundka, Delhi is sought on the basis of affidavit of respondent No.2. Notice. Mr. Parveen Bhati, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and he has been identified to be so by SI Manoj Chahar on the basis of identity proof produced by him. Respondent No.2, present in the Court, submits that the dispute CRL.M.C. 585/2015 Page 1 between the parties has been amica...


Feb 13 2015

Joginder Singh Sethi Vs. State (Govt of Nct of Delhi)

Court: Delhi

Decided on: Feb-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : FEBRUARY13 2015. + CRL.REV.P. 92/2015 & Crl.M.A.Nos.2215/2015 and 2216/2015 JOGINDER SINGH SETHI Through : ..... Petitioner Mr.S.K.Mishra, Advocate. VERSUS STATE (GOVT OF NCT OF DELHI) ..... Respondent Through : Mr.Navin K.Jha, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) 1. The petitioner-Joginder Singh Sethi has filed the instant revision petition to challenge the legality and propriety of an order dated 15.01.2015 of learned Additional Sessions Judge:04. (North), Rohini Courts, Delhi by which charge under Section 341/308 read with Section 120-B IPC and 120-B IPC was framed against him.2. Learned counsel for the petitioner urged that there was no material before the Trial Court to proceed against him for the alleged crime. Undisputedly, the petitioner was not present at the spot and there is no evidence on record to infer if he had instructed co-accused persons to assault the complainant.3. After the recording of DD...


Feb 13 2015

Salim Khan Vs. State ( Govt of Nct of Delhi)

Court: Delhi

Decided on: Feb-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : FEBRUARY05 2015 DECIDED ON : FEBRUARY13 2015 + CRL.REV.P. 8/2015 & Crl.M.B.14/2015 SALIM KHAN ..... Petitioner Through: Mr. Abhay Kumar with Mr. Ikrar Siddique, Advocates versus STATE ( GOVT OF NCT OF DELHI) ..... Respondent Through: Mr. Navin K. Jha, APP for State. SI Praveen Chauhan, P.S. Preet Vihar. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The petitioner-Salim Khan has filed the present revision petition to challenge the legality and correctness of judgments dated 18.04.2013 (of Additional Chief Metropolitan Magistrate, East/Karkardooma Courts) by which he was convicted under Section 279/304-A IPC and dated 3.12.2014 of learned Additional Sessions Judge (East), Karkardoom Courts, Delhi whereby the findings recorded by the learned ACMM were endorsed with modification of sentence order.2. Briefly stated, the prosecution case as set up in the charge- sheet was that on 28.08.2004 at Vikas Marg, New Rajdhani Enclave, Delhi...


Feb 13 2015

the National Insurance. Co. Ltd Vs. Geeta Devi and Ors.

Court: Delhi

Decided on: Feb-13-2015

$-42-43 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h February, 2015 + MAC.APP. 282/2007 THE NATIONAL INSURANCE. CO. LTD ..... Appellant Through Mr. Pradeep Gaur, Advocate versus SHASHI GOEL & ORS. Through + ..... Respondents Mr. Arun Srivastava, Advocate MAC.APP. 283/2007 THE NATIONAL INSURANCE. CO. LTD ..... Appellant Through Mr. Pradeep Gaur, Advocate versus GEETA DEVI & ORS. Through ..... Respondents Mr. Arun Srivastava, Advocate for Respondents no.1 and 2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present appeals are directed against the judgment dated 23rd March, 2007 whereby compensation of Rs. 19,61,000/- was awarded for the death of Achin Goel, who had died in a motor vehicular accident which occurred on 4th January, 2005.2. The Claims Tribunal found that the accident was caused on account of rash and negligent driving of a truck and the TSR bearing no.DL-1RD5969 Since the offending truck could not be traced, the claim petition w...


Feb 13 2015

Bharti Axa General Ins. Co. Ltd Vs. Smt Poonam and Anr

Court: Delhi

Decided on: Feb-13-2015

$-16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h February, 2015 + MAC.APP. 84/2014 BHARTI AXA GENERAL INS. CO. LTD ..... Appellant Through Mr. Navneet Kumar, Advocate versus SMT POONAM & ANR Through ..... Respondents Mr. S.N. Parashar, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present appeal has been filed for reduction of compensation of Rs. 21,24,000/- awarded in favour of Respondent No.1 for the death of her unmarried son Nitin Raj. The following contentions are raised on behalf of the Appellant:(i) Deceased Nitin Raj was not in permanent employment and therefore, the Claims Tribunal erred in granting addition towards future prospects; and (ii) The multiplier was selected as per the age of the deceased. Since the deceased was unmarried, the Claims Tribunal ought to have adopted the multiplier as per the age of his mother, Smt. Poonam/Respondent No.1 herein.2. So far as the issue of future prospects is concerned, the test...


Feb 13 2015

Roshan Bhimrao Patil Vs. The Secretary, Department of Electronics and ...

Court: Delhi

Decided on: Feb-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.5691/2013 13th February, 2015 % ROSHAN BHIMRAO PATIL Through: ..... Petitioner Mr. Nagesh Gajghate, Adv. versus THE SECRETARY, DEPARTMENT OF ELECTRONICS AND INFORMATION TECHNOLOGY& ORS. ..... Respondents Through: Ms. Seema Sharma, Adv. for R-2 and 3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition filed under Article 226 of the Constitution of India, petitioner seeks appointment to the post of Accountant with the respondent No.2/ERNET India on the ground that petitioners name figures at serial no.3 in the select list, and, the person at serial no.1 in the select list resigned after 39 days and even the second person on the select list has not joined.2. The law with respect to the entitlement of a person to claim appointment on the basis of his being placed in the select list is well settled and it has been held by the Supreme Court in its various j...


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