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Delhi Court February 2015 Judgments

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Feb 06 2015

Rajesh Kumar and Anr. Vs. State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: Feb-06-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 06, 2015 + CRL.M.C. 459/2015 & Crl.M.As.1787-88/2015 RAJESH KUMAR & ANR. Through: ..... Petitioners Mr. Vishal Kumar, Advocate versus STATE (NCT OF DELHI) & ANR .....Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with SI Ram Singh Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.190/2008, under Sections 498-A/406/34 of IPC registered at police station Ambedkar Nagar, Delhi is sought on the basis of Settlement Deed of 21st October, 2011 arrived at Delhi Mediation Centre, Saket Courts, Delhi (Annexure P-2). Notice. Ms. Nishi Jain, 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 Ram Singh on the basis of identity proof produced by her. Respondent No.2, pre...


Feb 06 2015

Arun Kumar Jain and Ors. Vs. State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: Feb-06-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 06, 2015 + CRL.M.C. 443/2015 ARUN KUMAR JAIN & ORS ..... Petitioners Through: Mr.S.C. Pandey, Advocate versus STATE (NCT OF DELHI) & ANR .....Respondents Through: Mr. Vinod Diwakar, Additional Public Prosecutor for respondentState with ASI Dharam Vir Mr. S.S. Nehra, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.149/2009, under Sections 498-A/406/34 of IPC registered at police station Crime (Women) Cell, Delhi is sought on the basis of Mediated Settlement of 24th April, 2014 (AnnexureB) arrived at Delhi Mediation Centre, Tis Hazari Courts, Delhi. Notice. Mr. Vinod Diwakar, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. S. S. Nehra, Advocate, accepts notice on behalf of respondent No.2. Learned Additional Public Prosecutor for respondentState submits that respondent No.2, present in the Court, is complainant/first-info...


Feb 06 2015

Jitender Gupta and Ors. Vs. State of Govt. of Nct Delhi and Ors.

Court: Delhi

Decided on: Feb-06-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 06, 2015 + CRL.M.C. 386/2015 & Crl.M.A.1516/2015 JITENDER GUPTA & ORS Through: ..... Petitioners Mr. Sunil Kumar and Mr. Sanjay Thakur, Advocates versus STATE OF GOVT OF NCT DELHI & ORS .....Respondents Through: Mr. Karan Singh, Additional Public Prosecutor for respondentState with SI Saurav Mr. Dharam Vir Singh and Mr. Rakesh Kumar, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.163/2012, under Sections 498-A/406/34 of IPC registered at police station Shahdara, Delhi is sought on the basis of Mediated Settlement of 3rd September, 2013 arrived at Delhi Mediation Centre, Karkardooma Courts, Delhi (Annexure-B). Notice. Mr. Karan Singh, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Dharam Vir Singh, Advocate, accepts notice on behalf of respondent No.2. Learned Additional Public Prosecutor for respondentState submits CR...


Feb 06 2015

Sadanand Properties Pvt. Ltd. and Ors Vs. Punjab National Bank and Ors

Court: Delhi

Decided on: Feb-06-2015

F-4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :29.01.2015 Judgment delivered on :06.02.2015 CS(OS) 358/2009 SADANAND PROPERTIES PVT. LTD. AND ORS ..... Plaintiffs Through Mr. Rajat Aneja and Ms.Rashmi Verma, Advocate. versus PUNJAB NATIONAL BANK AND ORS. Through ..... Defendants Mr.Pallav Saxena, Advocate for D-1. Mr.R.S.Shani, Advocate for D-2. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 The present suit for declaration and permanent injunction has been filed by three plaintiffs against Punjab National Bank and Others. Defendant no.2 Amarjeet Kaur and defendant no.3 Prem Kaur are stated to be proforma parties. No relief has been claimed against them. Defendant no.4 is the Oriental Bank of Commerce and defendant no.5 is the DDA. They are also proforma parties. CS(OS) 358/2009 The grievance of the Page 1 of 28 plaintiff is only qua defendant no.1. 2 Immovable property bearing No.A-87, Naraina Vihar, New Delhi situated on a plot of land measurin...


Feb 06 2015

Sh. Krishan Kumar Vats Vs. Bses Yamuna Power Ltd and Ors.

Court: Delhi

Decided on: Feb-06-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.1210/2015 and C.M. No.2126/2015 6th February, 2015 % SH. KRISHAN KUMAR VATS Through: ..... Petitioner Mr. Lokesh Kumar, Advocate. Versus BSES YAMUNA POWER LTD & ORS. ..... Respondents Through: Mr. S.N. Chaudhary, Advocate for respondent No.1. Ms. Shobhna Takiar, Advocate for respondent Nos.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, the petitioner who was the erstwhile employee of the DVB and whose services were thereafter taken over by the respondent no.1 herein viz the BSES Yamuna Power Limited, seeks the relief of quashing of the Special Voluntary Retirement Scheme (SVRS)-2003 dated 18.12.2003 issued by the respondent no.1 and the order dated 30.12.2003 by which the petitioner was given voluntary retirement under the SVRS-2003 scheme.2. What strikes this Court right at the outset...


Feb 06 2015

Gmr Chhattisgarh Energy Limited Vs. Union of India and Ors.

Court: Delhi

Decided on: Feb-06-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.3047/2014 Decided on :6. h February, 2015 GMR CHHATTISGARH ENERGY LIMITED Through: ..... Appellant Mr. Gopal Jain, Senior Advocate with Ms. Padma Priya, Advocate. versus UNION OF INDIA & ORS. Through: ..... Respondent Mr. Sanjay Jain, ASG with Mr. Malaya Kumar Chand and Ms.Rajul Jain, Advs. for R-1/UOI. Mr.Anil Soni, CGSC and Mr.Naginder Benipal, Adv. for R-2/Central Electricity Authority. CORAM: HONBLE MR. JUSTICE V.K. SHALI1 This is a writ petition filed by the petitioner against the respondents for quashing the communication dated 19.06.2013 issued by the Ministry of Railways to Central Electricity Authority (CEA for short) as being totally arbitrary and violative of Article 14 of the Constitution of India. It has been further prayed that directions be issued to the Railway Board for permitting the movement of imported coal from Vizag port to the petitioners plant via Tilda Station of SEC Railway.2. Briefly stated the fact of the ...


Feb 06 2015

Babloo Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Feb-06-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : FEBRUARY06 2015 + CRL.A. 390/2012 BABLOO ..... Appellant Through : Ms.Saahila Lamba, Advocate (DHCLSC) versus STATE (NCT OF DELHI) ..... Respondent Through : Mr.Navin K.Jha, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) 1. The instant appeal is directed against the judgment dated 04.05.2011 of learned Additional Sessions Judge-01 (North), Tis Hazari Courts in Sessions Case No.56/2010 arising out of FIR No.325/2009 registered at Police Station Kotwali by which the appellant-Babloo was held guilty for committing offence under Section 376 (2) (g) IPC. By an order dated 11.05.2011, he was sentenced to undergo RI for ten years with fine `10,000/-.2. Facts and circumstances giving rise to the case, as stated in the charge-sheet were that on 24.11.2009, the appellant and his associate Chhotu administered poisonous substance to X (assumed name), aged 14 years and thereafter sexually assaulted her for two days. Police machinery...


Feb 06 2015

Shreyans Jain Vs. State of Nct of Delhi and Anr.

Court: Delhi

Decided on: Feb-06-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:06. 02.2015 W.P.(CRL) 266/2015 SHREYANS JAIN ..... Petitioner versus STATE OF NCT OF DELHI & ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Mohit Kumar. For the Respondents : Mr Mukesh Gupta, Additional Standing Counsel (Crl.) with SI Pankaj Tomar, PS-Kotwali. Mr Manish Kumar Singh for Complainant. CORAM: HON'BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J (ORAL) CRL.M.A. 1780/2015 (Exemption) The exemption is granted subject to all just exceptions. The application is disposed of accordingly. W.P.(CRL) 266/2015 & CRL.M.A.1779/2015 1. The present is a petition under Article 226 of the Constitution of India read with Section 482 CrPC1973seeking a prayer to quash the FIR No.1004/2014 under Section 409 IPC registered at Police Station- Kotwali and the consequential proceedings/investigations emanating therefrom.2. The petition is accompanied by an application under Section 482 Cr...


Feb 06 2015

K.S. Bhatnagar Vs. State and Anr.

Court: Delhi

Decided on: Feb-06-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:6. h February, 2015 % + Crl.M.C. No.1867/2011 K.S. BHATNAGAR Through ..... Petitioner Mr. N.Hariharan, Sr.Adv. with Mr. Siddharth S.Yadav, Adv., Mr.Amit S.Chauhan, Adv., Mr.Sahil Paul, Adv. versus STATE & ANR. Through ..... Respondents Mr.O.P.Saxena,APP and Mr. M.P.Singh, APP for the State CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The present petition has been filed by the petitioner under Section 482 Cr.P.C. read with Article 227 of Constitution of India for quashing of complaint i.e. CC No.98/1/09 titled as Jawahar Lal vs. K.S.Bhatnagar & Ors and the summoning order dated 18th September, 2010 passed by the Metropolitan Magistrate, Dwarka, Delhi whereby the petitioner was summoned under Section 409 read with Section 34 IPC.2. The brief facts of the case are mentioned below:- (i) On 8th October, 2006 an altercation took place between the neighbours Crl.M.C. No.1867/2011 i.e. Sh. Lal Singh and respondent co...


Feb 05 2015

the Magt. of M/S Central Chemist Vs. Its Workmen Deen Dayal

Court: Delhi

Decided on: Feb-05-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.1780/2002 % Judgement reserved on:29. 01.2015 Judgement pronounced on:05. 02.2015 THE MAGT. OF M/S CENTRAL CHEMIST Through: ..... Petitioner Mr.Rajesh Srivastava, Advocate alongwith Ms.Rachna Gandhi, Advocate. versus ITS WORKMEN DEEN DAYAL Through: None. ..... Respondent CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 Vide the present writ petition, the petitioner, Management has assailed the award of Labour court dated 28th April, 2001.2. Admittedly there was a relationship of employer and employee between the petitioner and the respondent/workman and he served the petitioner till 31st May, 1991. The case of the workman before labour court was that his services were terminated by the petitioner w.e.f. 01.06.1991 while the defence of the petitioner was that the workman had abandoned his services w.e.f. 01.06.1991.3. The appropriate authority had made the following reference to the Labour court. Whether Sh. Deen Dayal has abandone...


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