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Delhi Court March 2015 Judgments

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Mar 12 2015

Manoj Vs. State (Nct) Delhi

Court: Delhi

Decided on: Mar-12-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :18. h FEBRUARY, 2015 DECIDED ON :12. h MARCH, 2015 + CRL.A. 127/2006 MANOJ ..... Appellant Through : Mr.G.P.Thareja, Advocate. VERSUS STATE (NCT) DELHI Through : ..... Respondent Mr.Navin K.Jha, APP. SI Kuldeep Singh, PS Khajoori Khas. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Aggrieved by a judgment dated 27.01.2006 in Sessions Case No.79/03 emanating from FIR No.71/03 PS Khajoori Khas by which the appellant Manoj was held guilty for committing offence under Section 366 IPC, the instant appeal has been preferred by him. By an order dated 27.01.2006, the appellant was awarded RI for five years with fine ` 3,000/-. It is significant to note that co-convict Nekh Pal @ Nek Pal was held guilty under Sections 366/376 IPC and was sentenced to undergo RI for ten years with fine `5,000/- under Section 376 IPC. It is unclear if Nekh Pal had filed any appeal to challenge the judgment.2. Facts and circumstances giving rise to the i...


Mar 12 2015

Azad Singh Vs. State

Court: Delhi

Decided on: Mar-12-2015

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:12. h March, 2015 + Crl.A. 563/2011 AZAD SINGH ..... Appellant Through: Mr.Avninder Singh with Mr.Siddhant Srivastava, Advocates versus STATE ..... Respondent Through: Ms.Fizani Hussain, Additional Public Prosecutor for the State. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Challenge in this appeal is to the judgment dated 19.11.2010 and order on sentence dated 25.11.2010 passed by learned Additional Sessions Judge (West), Delhi in Sessions Case No.251/1/10 arising out of FIR No.314/09 under Section 376/506 IPC, Police Station Nangloi whereby the appellant was convicted under Section 376 IPC and was sentenced to undergo rigorous imprisonment for a period of seven years and fine of Rs.5000/- in default to undergo simple imprisonment for a period of one month.w 2. Prosecution case emanates from the fact that on 13.08.2009 prosecutrix A was sleeping in her room at ground floor while her parents alongwit...


Mar 12 2015

Angela Jaitly and Anr. Vs. Kailash Mehndiratta and Ors.

Court: Delhi

Decided on: Mar-12-2015

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : March 12, 2015 + LPA5192014 ANGELA JAITLY & ANR Represented by: ..... Appellants Mr.Rajiv Nayyar, Sr.Advocate instructed by Mr.Tanmaya Mehta, Mr.Arshdeep Singh and Mr.Hitesh Rai, Advocates versus KAILASH MEHNDIRATTA & ORS ..... Respondents Represented by: Mr.Y.P.Adhyaru, Sr.Advocate instructed by Ms.Manmeet Kaur, Mr.Varun Kumar and Mr.Manan Chadha, Advocates for R-1 Mr.G.D.Mishra, Advocate for R-2 along with Mr.Sanjeev Kumar, AE Mr.N.A.Khan, Advocate for Mr.Anjum Javed, Advocate for R3 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. Vide impugned decision dated July 30, 2014, WP(C) No.4763/2014 filed by the appellant has been dismissed by the learned Single Judge holding that the appellant would be a person aggrieved and thus the remedy would be an appeal under Section 347B of the Delhi Municipal Corporation Act, 1957 before the Appellate Tribunal constituti...


Mar 12 2015

United India Insurance Co. Ltd. Vs. Rekha Devi and Ors.

Court: Delhi

Decided on: Mar-12-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h March, 2015 + MAC.APP. 735/2007 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Mr.A.K. De, Advocate with Ms. Rubbeca Dias, Advocate Versus REKHA DEVI & ORS. ..... Respondents Through: None CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW MAC.APP. 735/2007 & CM.APPL177182007(stay) & CM.APPL202192014(for deletion of respondent no.13) 1. This appeal was preferred against the judgment/award dated 07.09.2007 of the MACT in Petition no.183/07(Old no.242/05). It is inter alia the contention of the appellant in the memorandum of appeal that though vide the impugned judgment/award, its liability for the compensation awarded had been apportioned as 15% only of the total compensation awarded, the remaining liability being of others, nevertheless the claimants / respondents no.1 to 10 have been permitted to recover the entire compensation amount of Rs.5,59,000/from any of the parties/persons who were held liable including the ...


Mar 12 2015

Icici Lombard General Insurance Company Ltd Vs. Smt. Renu and Ors

Court: Delhi

Decided on: Mar-12-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h March, 2015 % + MAC. APP. No.1140/2011 ICICI LOMBARD GENERAL INSURANCE COMPANY LTD ..... Appellant Through: Ms. Neerja Sachdeva, Adv. Versus SMT. RENU AND ORS ..... Respondents Through: Mr. S.N. Parashar, Adv. for R-1 to 7. CORAM:HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW1 Respondents no.8 and 9 have not been served. The counsel for the appellant states that they are not necessary parties and may be deleted from the array of respondents. Accordingly, respondents no.8 and 9 are deleted from the array of respondents without going into the aspect whether they are necessary parties and at the risk of the appellant.2. The appeal impugns the award / judgment dated 7 th October, 2011 of the MACT (South-01) No.02403C0970712008) in Suit No.957/2008 (Unique Case ID awarding a compensation of Rs.12,74,000/- (inclusive of interim award if any) to the claimants with interest @ 7.5% per annum from the date of filing of the petition i.e. 11 t...


Mar 12 2015

Hardicon Ltd Vs. Madan Lal

Court: Delhi

Decided on: Mar-12-2015

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:12. 03.2015 W.P.(C) 6946/2011 & CM No.15943/2011 HARDICON LTD ..... Petitioner versus MADAN LAL ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr Dinkar Singh. For the Respondent : None. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner impugns a decision dated 21.04.2011 (hereafter the impugned order) of a Full Bench of the Central Information Commission (hereafter the CIC). The CIC, by a majority opinion, held the petitioner to be a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005 (hereafter the RTI Act). The controversy to be addressed in the present petition is limited to the question whether the petitioner is a public authority as defined under Section 2(h) of the RTI Act.2. Briefly, stated the relevant facts are as under:- 2.1 The respondent filed an application dated 27.01.2010 under the RTI Act, seeking certain informati...


Mar 12 2015

Wg Commander (Retd) Koka Rao Vs. Cbi

Court: Delhi

Decided on: Mar-12-2015

$~27 & 28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 12, 2015 + (i) BAIL APPLN. 1604/2014 & Crl.M.(B). 10287/14, 15113/14 ANCA MARIA NEACSU Through: ..... Petitioner Mr. Maninder Singh, Mr. Dinhar Takiar, Ms. Aekta Vats and Mr. Jagmeet Randhawa and Mr. Prateek Sisodia, Advocates versus CBI Through: + (ii) ..... Respondent Mr. Narender Mann, Special Public Prosecutor for CBI with Mr. Manoj Pant and Ms. Utkarsha Kohli, Advocates with Inspector R.S. Solanki (AC-II), CBI BAIL APPLN. 1680/2014 & Crl.M.A.10112/14 WG COMMANDER (RETD) KOKA RAO ..... Petitioner Through: Mr. Amerendra Sharan, Senior Advocate, with Mr. Amit Anand Tiwari and Mr. Abhinandan Banerjee, Advocates versus CBI Through: BAIL APPLN. 1604 & 1680 of 2014 ..... Respondent Mr. Narender Mann, Special Public Prosecutor for CBI with Mr. Manoj Pant and Ms. Utkarsha Kohli, Advocates with Inspector R.S. Solanki (AC-II), CBI Page 1 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % JUDGMENT (ORAL) In the above-captioned t...


Mar 12 2015

Anca Maria Neacus Vs. Cbi

Court: Delhi

Decided on: Mar-12-2015

$~27 & 28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 12, 2015 + (i) BAIL APPLN. 1604/2014 & Crl.M.(B). 10287/14, 15113/14 ANCA MARIA NEACSU Through: ..... Petitioner Mr. Maninder Singh, Mr. Dinhar Takiar, Ms. Aekta Vats and Mr. Jagmeet Randhawa and Mr. Prateek Sisodia, Advocates versus CBI Through: + (ii) ..... Respondent Mr. Narender Mann, Special Public Prosecutor for CBI with Mr. Manoj Pant and Ms. Utkarsha Kohli, Advocates with Inspector R.S. Solanki (AC-II), CBI BAIL APPLN. 1680/2014 & Crl.M.A.10112/14 WG COMMANDER (RETD) KOKA RAO ..... Petitioner Through: Mr. Amerendra Sharan, Senior Advocate, with Mr. Amit Anand Tiwari and Mr. Abhinandan Banerjee, Advocates versus CBI Through: BAIL APPLN. 1604 & 1680 of 2014 ..... Respondent Mr. Narender Mann, Special Public Prosecutor for CBI with Mr. Manoj Pant and Ms. Utkarsha Kohli, Advocates with Inspector R.S. Solanki (AC-II), CBI Page 1 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % JUDGMENT (ORAL) In the above-captioned t...


Mar 12 2015

Sandeep Mathur and Anr. Vs. Associated Industrial Furnaces (P) Ltd. an ...

Court: Delhi

Decided on: Mar-12-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on March 03, 2015 Judgment delivered on March 12, 2015 + O.M.P. 201/2015 SANDEEP MATHUR AND ANR. Through: ..... Petitioner Mr.Rohit Puri, Advocate Versus ASSOCIATED INDUSTRIAL FURNACES (P) LTD. & ORS. ..... Respondents Through: Mr.Ramesh Singh, Advocate with Mr. S.Patra, Mr.Shikhar Srivastava & Mr.Ashish Goel, Advocates CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.The challenge in this petition is to the findings of the learned Arbitrator on issue Nos.8 & 9 in the Award dated August 25, 2014. The said issues are the following:(8)Whether the claimants are liable to compensate the respondents for making wrong projections with regard to the expenditure involved, recoverable amounts and completion dates with regard to various projects mentioned in MOU. (9)Whether the claimants are liable to compensate the respondents for their failure in returning the intellectual property including drawings, designs of MIL as per t...


Mar 12 2015

Ms. Mona Devi Vs. New Delhi Municipal Council

Court: Delhi

Decided on: Mar-12-2015

* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. No.222/2014 & C.M. No.13952/2014 Decided on :12. h March, 2015 MS. MONA DEVI Through: Appellant Mr. S.C. Rana, Advocate. Versus NEW DELHI MUNICIPAL COUNCIL Respondent Through: Mr. V. Tyagi for Mr. Arjun Pant, Advocate. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a regular second appeal filed by the appellant against the judgment dated 28.5.2014 passed by the learned Additional District Judge in R.C.A. No.39/2014 titled Mona Devi vs. NDMC upholding the judgment and decree dated 2.2.2012 passed by the learned Civil Judge, West Delhi.2. Before dealing with the submissions made by the learned counsel for the appellant and which are stated to be constituting substantial question of law, it may be pertinent here to give brief background of the case.3. The present appellant filed a suit bearing No.273/07 in the year 2007 against NDMC alleging that she has a license granted by the respondent for the purpose of selling fruit...


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