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Delhi Court February 2015 Judgments

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Feb 26 2015 (HC)

Manoj Kumar Garg Vs. Central Bureau of Investigation

Court: Delhi

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 647/2015 Date of Order:26. h February, 2015 MANOJ KUMAR GARG Through: ..... Petitioner Mr. S.K. Sharma and Mr. Puneet Relan , Advocates Versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Ms. Utkarsha Kohli, Advocate for respondent-CBI CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER % (ORAL) Petitioner is an accused in RC No.BD1/2011/E0002CBI/BS&FC, titled as CBI Vs. M/s Texcomash International (P) Ltd., whose application for traveling abroad has been rejected by trial court vide impugned order of 13 th February, 2015 on the apprehension that petitioner may not return to India if petitioner is permitted to visit Dubai (UAE). To assail the impugned order, it was submitted on behalf of petitioner that petitioner is neither the Director nor a Promoter of accused company i.e. M/s Texcomash International Limited and petitioner is not even named in the FIR. It was also submitted that petitioner has already joined the investig...

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Feb 26 2015 (HC)

Ram Chandra Krishan Chandra Vs. Sansar Chandra Kapoor Decd Thr Lrs

Court: Delhi

$~2, 31, 32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :26. h February , 2015 % + RFA7172010 RAM CHANDRA KRISHAN CHANDRA ..... Appellant Through Mr. Sanjoy Ghose, Adv. along with Mr. Nakesh Rastogi, husband of Mrs. Nisha Rastogi, Mr. Mohit Rastogi, son of Mrs. Mala Rastogi versus SANSAR CHANDRA KAPOOR DECD THR LRS ..... Respondent Through Ms. Ekta Sikri, Mr. Ajay Pal, Advs. with respondent in person. 31 + RFA5062014 M/S RAM CHANDRA KRISHAN CHANDRA.... Appellant Through Mr. Sanjoy Ghose, Adv. along with Mr. Nakesh Rastogi, husband of Mrs. Nisha Rastogi, Mr. Mohit Rastogi, son of Mrs. Mala Rastogi versus ATUL KAPOOR & ORS THROUG LRS .... Respondent Through Ms. Ekta Sikri, Mr. Ajay Pal, Advs. with respondent in person.32. + RFA5072014 M/S RAM CHANDRA KRISHAN CHANDRA.... Appellant Through Mr. Sanjoy Ghose, Adv. along with Mr. Nakesh Rastogi, husband of Mrs. Nisha Rastogi, Mr. Mohit Rastogi, son of Mrs. Mala Rastogi versus ATUL KAPOOR & ORS THOUGH LRS ..... Respondent Throug...

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Feb 26 2015 (HC)

Yogesh Sethi Vs. Govt. of Nct of Delhi and Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 26, 2015 + CRL.M.C.No.3024/2014 YOGESH SETHI Through: ..... Petitioner Mr. Joginder Sukhija, Advocate versus GOVT. OF NCT OF DELHI &ANR. .... Respondents Through: Mr. Vinod Diwakar, Additional Public Prosecutor for respondentState with SI Ganga Ram PS Paschim Vihar Respondent No.2-in-person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.327/2008 under Section 304-A IPC registered at Police Station Paschim Vihar, Delhi is sought on the ground that a 13 year old boy accidentally died of electrocution in the factory of the petitioner and no negligence is attributable to petitioner. However, it is asserted that mother of the deceased i.e. respondent No.2-Chander Kala Devi has been suitably compensated. Learned Additional Public Prosecutor for respondentState submits that respondent No.2 is present in the Court and status report has been placed on record. Respondent No.2, present in the court, i...

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Feb 26 2015 (HC)

National Highways Authority of India Vs. D.S. Toll Road Ltd. and Ors.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.A. 11/2015 & IA No.3963 of 2015(stay) NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Appellant Through: Mr. S. Nandakumar, Mr. R. Sathis Kumar, Mr. Prateek Gupta, Mr. M. Soundarasaran Kumar, Advocates. versus D.S. TOLL ROAD LTD. & ORS. ..... Respondents Through: Mr. Hasan Murtaza, Advocate for R-1. AND ARB.A. 12/2015 & IA Nos. 3964 of 2015 (for stay), 3965 of 2015 (for delay) NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Appellant Through: Mr. S. Nandakumar, Mr. R. Sathis Kumar, Mr. Prateek Gupta, Mr. M. Soundarasaran Kumar, Advocates. Versus N K TOLL ROAD LTD. & ORS. ..... Respondents Through: Mr. Hasan Murtaza, Advocate for R-1. CORAM: JUSTICE S.MURALIDHAR ORDER2602.2015 Caveat Nos. 200 and 201 of 2015 1. Since learned counsel for the Caveator enters appearance, the caveats stand disposed of. ARB.A. Nos. 11 and 12 of 2015 2. The National Highways Authority of India (NHAI) has filed these appeals under Section 37 (2) of the Arbitration and Concilia...

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Feb 26 2015 (HC)

Tasleem @ Hattu Vs. The State (G.N.C.T of Delhi)

Court: Delhi

$~R-31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 393/2013 Date of decision:26. 02.2015 TASLEEM @ HATTU Through ..... Appellant Mr. M.L. Yadav, Advocate. versus THE STATE (G.N.C.T OF DELHI) ..... Respondent Through Mr. Varun Goswami, APP. Insp. Anil Kumar, P.S. Bawana. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ASHUTOSH KUMAR SANJIV KHANNA, J.(ORAL) Appellant Tasleem @ Hattu by the impugned judgment dated 25th May, 2012 has been convicted for murder and rape of his sister aged about 12 years on 23rd August, 2008. The appellant has also been convicted under Section 506 and 201 of the Indian Penal Code, 1860 (IPC, for short). By order on sentence dated 26th May, 2012, the appellant has been sentenced to undergo imprisonment for life and fine of Rs.5,000/- and in default of payment to undergo rigorous imprisonment for one year for the offence under Section 302, IPC; rigorous imprisonment for a period of 10 years and fine of Rs.3,000/-, and in default of payment t...

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Feb 26 2015 (HC)

National Highways Authority of India Vs. N K Toll Road Ltd. and Ors.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.A. 11/2015 & IA No.3963 of 2015(stay) NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Appellant Through: Mr. S. Nandakumar, Mr. R. Sathis Kumar, Mr. Prateek Gupta, Mr. M. Soundarasaran Kumar, Advocates. versus D.S. TOLL ROAD LTD. & ORS. ..... Respondents Through: Mr. Hasan Murtaza, Advocate for R-1. AND ARB.A. 12/2015 & IA Nos. 3964 of 2015 (for stay), 3965 of 2015 (for delay) NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Appellant Through: Mr. S. Nandakumar, Mr. R. Sathis Kumar, Mr. Prateek Gupta, Mr. M. Soundarasaran Kumar, Advocates. Versus N K TOLL ROAD LTD. & ORS. ..... Respondents Through: Mr. Hasan Murtaza, Advocate for R-1. CORAM: JUSTICE S.MURALIDHAR ORDER2602.2015 Caveat Nos. 200 and 201 of 2015 1. Since learned counsel for the Caveator enters appearance, the caveats stand disposed of. ARB.A. Nos. 11 and 12 of 2015 2. The National Highways Authority of India (NHAI) has filed these appeals under Section 37 (2) of the Arbitration and Concilia...

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Feb 26 2015 (HC)

Prem @ Pemla Vs. Arya Samaj Saket

Court: Delhi

$~19 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA622015 & CMs1843-1845/2015 Date of decision :26. h February , 2015 % PREM @ PEMLA Through ..... Appellant Mr. V.K. Anand, Mr. Manoj Kumar, Advs. versus ARYA SAMAJ SAKET Through ..... Respondent Mr. Hardik Luthra, Adv. CORAM :HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the impugned judgment dated 20th October, 2014 whereby the learned Trial Court has passed a decree for possession and mesne profits against the appellant and her husband.2. The respondent Arya Samaj Saket, a society registered under the Societies Registration Act, is the owner in possession of Arya Samaj Mandir, property no.120A, D Block, Saket, New Delhi. In the year 1983-84, the appellants husband started doing sewa in the respondents temple as a sewak on an honorarium of Rs.1,000/- per month and was allowed to occupy the suit property. On 1st June, 2008, the appellants husband was asked to stop the seva on the ground of objectionabl...

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Feb 26 2015 (HC)

Satya Prakash Gupta and Anr. Vs. State and Ors.

Court: Delhi

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 26, 2015 + CRL.M.C. 4941/2014 SATYA PRAKASH GUPTA & ANR ..... Petitioners Through: Mr. Pankaj Agarwal, Advocate versus STATE & ORS Through: .....Respondents Mr.Navin Sharma, Additional Public Prosecutor for respondentState with SI Sumer Chand Mr.M. Shamikh, Advocate for respondent No.2 Ms. Suman Arora, Advocate for Mr. Sanjay Kumar Agarwal, Advocate for respondent No.3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.65/2008, under Sections 420/468/471/506/ 120-B of IPC registered at police station Nabi Karim, Delhi is sought on the basis of Mediated Settlement of 9th September, 2014 (Annexure P-2) and on the ground that the misunderstanding which led to registration of the FIR now stands cleared between the parties. Notice. Mr. Navin Sharma, learned Additional Public Prosecutor, accepts notice for respondent-State, Mr. M. Shamikh, Advocate, accepts notice for respondent No.2 and Ms. Suma...

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Feb 26 2015 (HC)

Albert Yun Quan Liu Vs. Competition Commission of India and Anr.

Court: Delhi

$~18, 19 & 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6258/2014 PRAN MEHRA Through: ..... Petitioner Mr. Ramji Srinivasan, Sr. Adv. with Mr. Ajit Warrier, Mr. Aashish Gupta and Ms. Shreya Munoth, Advs. versus COMPETITION COMMISSION OF INDIA & ANR. ..... Respondents Through: Mr. A.S. Chandhiok, Sr. Adv. with Mr. Karan Chandhiok, Ms. Shriya Misra, Mr. Bharat Aggarwal, Ms. Harleen Singh and Mr. Abhimanyu, Advs. for R1. + W.P.(C) 6259/2014 MARC EVAN ROTHMAN Through: ..... Petitioner Mr. Ramji Srinivasan, Sr. Adv. with Mr. Ajit Warrier, Mr. Aashish Gupta and Ms. Shreya Munoth, Advs. versus COMPETITION COMMISSION OF INDIA & ANR. ..... Respondents Through: Mr. A.S. Chandhiok, Sr. Adv. with Mr. Karan Chandhiok, Ms. Shriya Misra, Mr. Bharat Aggarwal, Ms. Harleen Singh and Mr. Abhimanyu, Advs. for R1. + W.P.(C) 6669/2014 ALBERT YUN QUAN LIU Through: ..... Petitioner Mr. Ramji Srinivasan, Sr. Adv. with Mr. Ajit Warrier, Mr. Aashish Gupta and Ms. Shreya Munoth, Advs. versus COMPETITION...

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Feb 26 2015 (HC)

Ajit R. Kyal Vs. Cbi

Court: Delhi

$ 4. * IN THE HIGH COURT OF DELHI AT NEW DELHI + % Date of Decision:26. 02.2015 Crl.M.B. No.210/2015 in CRL.A. 131/2015 AJIT R. KYAL Through: ..... Appellant Mr. Yasobant Das, Senior Advocate along with Mr. Kailash Pandey and Mr. Ranjeet Singh, Advocates. versus CBI Through: ..... Respondent Ms. Rajdipa Behura, SPP along with Ms. Monica Gupta, Advocate for CBI. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(OPEN COURT) 1. This application has been preferred to seek suspension of the sentence awarded to the appellant Ajit R. Kyal (A-2). The sentence awarded in relation to the appellant is as follows:(i) Rigorous Imprisonment for one year for offence under Section 120B of IPC r/w Section 420 IPC r/w Section 13(1)(d) r/w Section 13(2) of Prevention of Corruption Act, 1988 and fine of Rs.2 lakhs in default thereof he would undergo Simple Imprisonment for a further period of six months; (ii) Rigorous Imprisonment for four years for offence under Section 420 of IPC r/w Section 120B...

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