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Delhi Court February 2015 Judgments

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Feb 12 2015

Mohan Reddy Vs. Union of India and Ors.

Court: Delhi

Decided on: Feb-12-2015

$~21 & 22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision : February 12, 2015 W.P.(C) 1315/2015 SATVIR SINGH Represented by: ..... Petitioner Ms.Rekha Palli, Advocate with Ms.Garima Sachdeva and Ms.Ankita Patbaik, Advocates versus UNION OF INDIA & ORS Represented by: ..... Respondents Ms.Jyoti Dutt Sharma, Advocate with Mr.Arun Kumar, Advocate W.P.(C) 1320/2015 MOHAN REDDY Represented by: ..... Petitioner Ms.Rekha Palli, Advocate with Ms.Garima Sachdeva and Ms.Ankita Patbaik, Advocates versus UNION OF INDIA & ORS Represented by: ..... Respondents Ms.Jyoti Dutt Sharma, Advocate with Mr.Arun Kumar, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. The question whether appointment by selection pursuant to a Limited Departmental Competitive Examination is promotion or direct recruitment has been decided by a decision in W.P.(C) No.2887/2012 Man Singh Vs. UOI & Ors. holding that it is a case of promotion, on...


Feb 12 2015

Abhishek @ Pritam Vs. State of the Nct of Delhi

Court: Delhi

Decided on: Feb-12-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: + 12th February, 2015 CRL.A. 338/2012 & Crl. M.A. 972/2014 ABHISHEK @ PRITAM Through: ..... Appellant Ms. Anita Abraham, Advocate Appellant produced in judicial custody. versus STATE OF THE NCT OF DELHI ..... Respondent Through: Mr O.P. Saxena, APP for State along with SI Naubat Ram, PS Mandir Marg, Delhi. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. This is an appeal u/s 374 (2) Cr.P.C. against the judgment and order dated 23.11.2011 and 26.11.2011 respectively passed by learned Additional Sessions Judge, Patiala House Court in SC No.16/11 pertaining to FIR No.13/11 u/s392/394/397/411/34 IPC registered with PS Mandir Marg.2. On 18th January, 2011, at about 9:00-9:30 pm, PW8-Dinesh Das was going from Shivaji Stadium to Block No.85, Kalawati Hospital by the side of wall of Lady Harding Medical College. Two boys came from opposite side and hit him. One of the boys pressed his neck with one hand and from ...


Feb 12 2015

Shaminder Kumar and Ors Vs. Nand Kishor and Ors

Court: Delhi

Decided on: Feb-12-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 242/2012 Reserved on:30. h January, 2015 Decided on: February 12, 2015 % SHAMINDER KUMAR & ORS ..... Petitioner Through Mr. Rajiv Kumar Sharma, Adv. versus NAND KISHOR & ORS Through ..... Respondent Ms. Shalini Kapoor with Ms. Kriti Arora, Advs. for R-1. Mr. Zafar Sadique with Mr. Tarun Kumar Bharti, Advs. for R-3 to 6. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Aggrieved by the order dated 7th February 2012 dismissing the eviction petition of the petitioners under Section 14(1)(e) of the Delhi Rent Control Act the petitioners prefers the present petition.2. The petitioners Shaminder Kumar, Raminder Kumar, Virender Kumar, Narender Kumar, Sangita along with their mother Smt. Prem Kumari since deceased filed an eviction petition on 27th August, 1996 stating therein that Shri Karam Chand grandfather of the present petitioners was owner of premises bearing No.8389-8390 Arya Nagar, Pahar Ganj, New Delhi. Premises No.8390 Arya...


Feb 12 2015

Parma Nand Yadav and Ors. Vs. Union of India and Ors.

Court: Delhi

Decided on: Feb-12-2015

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : February 12, 2015 + W.P.(C) 3834/2013 PARMA NAND YADAV & ORS. ..... Petitioners Represented by: Ms.Rekha Palli, Advocate with Ms.Ankita Patnaik and Ms.Shruit Munjal, Advocates versus UNION OF INDIA & ORS. Represented by: ..... Respondents Mr.Vikram Jetly, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. Learned counsel for the respondents concedes to the point that albeit facts being different with respect to the dates, but the effect thereof is the same as was in the decision dated May 26, 2011 in W.P.(C) No.5400/2010 Avinash Singh Vs. UOI & Ors., which was followed with approval in the decision dated November 02, 2012 in W.P.(C) No.3827/2012 Naveen Kumar Jha Vs. UOI & Ors., the latter decision being as under:1. The writ petition was listed for preliminary hearing on July 03, 2012 when counsel appeared for the respondents on advance copy being served...


Feb 12 2015

Inland Road Transport Pvt. Ltd. Vs. Union of India and Ors.

Court: Delhi

Decided on: Feb-12-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on February 02, 2015 Judgment delivered on February 12, 2015 + O.M.P. 906/2012 INLAND ROAD TRANSPORT PVT. LTD. Through ..... Petitioner Mr.Anil Goel & Mr.Ashwani Goel, Advocates versus UNION OF INDIA & ORS. Through ..... Respondents Mr.Hashmat Nabi, Advocate CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge in this petition under Section 34 of the Arbitration & Conciliation Act, 1996 (Act in short) is to the award dated July 21, 2012 passed by Mr.Ramashray Pandey, learned Sole Arbitrator, whereby the claim of the petitioner was dismissed. Facts 2. A written lease agreement was entered into between the petitioner and respondent No.2 for leasing of Parcel Space having carrying capacity of 25 tonnes, VPU in train No.13040/39 Ex. Delhi to Howrah. The said lease agreement was for a period of 3 years with effect from December 01, 2007 to November 30, 2010 with a clause No.20.1 for extension of lease for fu...


Feb 12 2015

Satvir Singh Vs. Union of India and Ors.

Court: Delhi

Decided on: Feb-12-2015

$~21 & 22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision : February 12, 2015 W.P.(C) 1315/2015 SATVIR SINGH Represented by: ..... Petitioner Ms.Rekha Palli, Advocate with Ms.Garima Sachdeva and Ms.Ankita Patbaik, Advocates versus UNION OF INDIA & ORS Represented by: ..... Respondents Ms.Jyoti Dutt Sharma, Advocate with Mr.Arun Kumar, Advocate W.P.(C) 1320/2015 MOHAN REDDY Represented by: ..... Petitioner Ms.Rekha Palli, Advocate with Ms.Garima Sachdeva and Ms.Ankita Patbaik, Advocates versus UNION OF INDIA & ORS Represented by: ..... Respondents Ms.Jyoti Dutt Sharma, Advocate with Mr.Arun Kumar, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. The question whether appointment by selection pursuant to a Limited Departmental Competitive Examination is promotion or direct recruitment has been decided by a decision in W.P.(C) No.2887/2012 Man Singh Vs. UOI & Ors. holding that it is a case of promotion, on...


Feb 12 2015

Uday Kumar Yadav Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Feb-12-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1221/2013, Judgment reserved on 10th February, 2015 Judgment pronounced on 12th February, 2015 % UDAY KUMAR YADAV Through : ..... Appellant Mr.Ajai Kumar, Adv. versus STATE (NCT OF DELHI) Through : ..... Respondent Mr.Firoz Khan Ghazi, APP for the Stae along with SI Mohinder, P.S. Narela. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.CRL.M.A. 14484/2013.1. The appellant has filed the present appeal assailing the judgment dated 7.11.2012 and order on sentence dated 17.11.2012 by which the appellant was sentenced to undergo Rigorous Imprisonment for the offence under Section 363 IPC for a period of seven years and to pay fine of Rs.10,000/-, in default thereof further undergo Simple Imprisonment for a further period of one month. The appellant was also sentenced to undergo Rigorous Imprisonment for life for the offence under Section 376 (2) (f) IPC with the directions that he shall no...


Feb 12 2015

Smt. Pramilla Devi Vs. Sh. Brahm Singh

Court: Delhi

Decided on: Feb-12-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:12. 02.2015 CS(OS) 1306/2009 SMT. PRAMILLA DEVI Plaintiff Through: Ms.Anjna Gosain and Mr. Pradeep Desodya, Advs. Versus SH. BRAHM SINGH Through: .Defendant Mr. A.K. Sen, Adv. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(oral) 1 Present suit has been filed by the plaintiff Pramilla Devi through her attorney Manoj Kumar seeking permanent injunction against the defendant Brahm Singh restraining him/his representatives/his agents in interfering in the construction of the boundary at the periphery of the suit property and from in any manner interfering in the peaceful use and occupation of the suit property. 2 The case as set up by the plaintiff is that she is a widow aged 80 years. She is a permanent resident of Village and Post Nadiawan, District Lakhisarai, Bihar and occasionally visits Delhi. This property measuring 1200 square yards was bought by her in the year 1999 through a registered sale deed dated 26.07...


Feb 12 2015

Promila Gulati Vs. Anil Gulati

Court: Delhi

Decided on: Feb-12-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:12. h February, 2015 % + I.A. No.17289/2012 in CS(OS) 1381/2010 PROMILA GULATI Through ..... Plaintiff Mr.Rajiv Bajaj, Adv. versus ANIL GULATI Through ..... Defendant Mr.P.K. Rawal, Adv. with Mr.Ajay Bahl, Adv. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiff has filed a suit for mandatory and permanent injunction against the defendant seeking mainly the following prayers: (a) A decree in favour of the plaintiff and against the defendant for mandatory injunction whereby directing the defendant to remove all his belongings from the portion of the property bearing No.205, AGCR Enclave, Delhi; (b) A decree in favour of the plaintiff and against the defendant for a sum of Rs.50,000/- per month for illegally occupying the suit property bearing No.205, AGCR Enclave, Delhi w.e.f. from the date of the filing of the suit till realization along with pendentelite and future interest @ 18% per annum for ill...


Feb 12 2015

Bachh Raj Lohia and Anr. Vs. Bhanu Pratap Singh and Anr.

Court: Delhi

Decided on: Feb-12-2015

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 12, 2015 + CRL.M.C. 1448/2014 & Crl.M.A.4948/2014 BACHH RAJ LOHIA & ANR. ..... Petitioners Through: Mr. K.K. Manan, Mr. Ankush Narang and Mr. Nipun Bhardwaj, Advocates versus BHANU PRATAP SINGH & ANR. ..... Respondents Through: Mr.Chatanya Siddharth, Advocate with respondent No.1 in person Mr. Vinod Diwakar, Additional Public Prosecutor for respondentState with Inspector Ajay Gupta CORAM: HON' BLE MR. J USTICE SUNIL GAUR J UDGMENT (ORAL) % Quashing of FIR No.176/2013, under Sections 406/420/506/34 of IPC registered at police station Chanakya Puri, Delhi is sought on the basis of affidavit of first respondent and Compromise Deed of 17th February, 2014. Notice. Mr. Vinod Diwakar, learned Additional Public Prosecutor accepts notice on behalf of respondent-State and Mr.Chatanya Siddharth, Advocate, accepts notice on behalf of respondent No.1. Learned Additional Public Prosecutor for respondentState submits that respo...


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