Delhi Court March 2015 Judgments
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Smt. Alka Bhatia Vs. Shri Kanhiya Lal Bhatia
Court: Delhi
Decided on: Mar-03-2015
* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. No.382/2014 & C.M. No.20240/2014 Decided on :3. d March, 2015 SMT. ALKA BHATIA Through: Appellant Mr. Niraj Chaudhury & Mr. A.S. Sharma, Advocates. Versus SHRI KANHIYA LAL BHATIA Respondent CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a regular second appeal filed by the appellant under Section 100 of the CPC against the judgment dated 12.11.2014 passed by the learned first appellate court in R.C.A. No.8/13 affirming the ex parte judgment and the decree dated 22.11.2011 dismissing the suit bearing No.6/2010 of the appellant/plaintiff.2. I have heard the learned counsel for the appellant and have also gone through the record. The main contention of the learned counsel for the appellant is that the present regular second appeal involves substantial question of law inasmuch as the family settlement which was arrived at between the parties on the basis of which the suit for declaration, mandatory and permanent injunction...
Bhawani Prasad Vs. Smt. Asha Mundella
Court: Delhi
Decided on: Mar-03-2015
* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. No.3/2015 Decided on :3. d March, 2015 BHAWANI PRASAD Through ..... Appellant Mr.S.N.Gupta and Ms.Nishtha Garg, Advs. versus SMT. ASHA MUNDELLA Through ..... Respondent CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) RSA32015 and CM No.143/2015 (stay) 1. This is the regular second appeal filed by the appellant against the judgment and decree dated 30.04.2014 passed in RCA No.01/2014 passed by the learned ADJ-03, South West, Dwarka Courts, New Delhi upholding the judgment and decree dated 08.04.2013 passed by the learned trial court in CS No.120/2010 Smt.Asha Mundella v. Sh.Bhawani Prasad.2. Briefly stated, the facts of the case are that respondent/plaintiff had filed a suit against the appellant/defendant and his wife alleging that the appellant/defendant is her real brother who after his marriage on 12.10.2005 had been given the licence to live in the suit property. It was alleged in the plaint that as the appellant/defendant and h...
Hdfc Ergo Gen. Insurance Co. Ltd. Vs. Bablu Sahani and Ors.
Court: Delhi
Decided on: Mar-03-2015
$~13 & 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d March, 2015 + MAC.APP. 1036/2012 HDFC ERGO GEN. INSURANCE CO. LTD. Through: ..... Appellant Ms. Neerja Sachdeva, Adv. versus BABLU SAHANI & ORS. Through: + ..... Respondents Mr. O.P. Mannie, Adv. for R-1 & R-2. MAC.APP. 1174/2012 BABLU SAHANI & ANR. Through: ..... Appellants Mr. O.P. Mannie, Advocate versus NAND KISHORE & ORS. Through: ..... Respondents Ms. Neerja Sachdeva, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. These two appeals arise out of the judgment dated 31.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of `14,95,680/- was awarded for the death of Smt. Phoola Devi, who suffered fatal injuries in a motor vehicular accident which occurred on 03.06.2011.2. The Claims Tribunal awarded the compensation presuming that deceased Smt. Phoola Devi was a housewife. But, at the same time, it made deduction of 1/3rd towards pers...
Bablu Sahani and Anr. Vs. Nand Kishore and Ors.
Court: Delhi
Decided on: Mar-03-2015
$~13 & 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d March, 2015 + MAC.APP. 1036/2012 HDFC ERGO GEN. INSURANCE CO. LTD. Through: ..... Appellant Ms. Neerja Sachdeva, Adv. versus BABLU SAHANI & ORS. Through: + ..... Respondents Mr. O.P. Mannie, Adv. for R-1 & R-2. MAC.APP. 1174/2012 BABLU SAHANI & ANR. Through: ..... Appellants Mr. O.P. Mannie, Advocate versus NAND KISHORE & ORS. Through: ..... Respondents Ms. Neerja Sachdeva, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. These two appeals arise out of the judgment dated 31.02.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of `14,95,680/- was awarded for the death of Smt. Phoola Devi, who suffered fatal injuries in a motor vehicular accident which occurred on 03.06.2011.2. The Claims Tribunal awarded the compensation presuming that deceased Smt. Phoola Devi was a housewife. But, at the same time, it made deduction of 1/3rd towards pers...
Umesh Kumar Vs. State
Court: Delhi
Decided on: Mar-03-2015
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 859/2012 Judgment dated 3rd March, 2015 % UMESH KUMAR Through: ..... Appellant Mr.Vivek Sood, Mr.Prek Prakash and Mr.S. Kukreja, Advocates versus STATE Through: ..... Respondent Mr.Sunil Sharma, APP for the State CORAM : HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S. SISTANI, J.(ORAL) The principle on which the dying declarations are admitted in evidence is indicated in the legal maxim Nemo moriturus praesumitur mentire i.e. a man will not meet his Maker with a lie in his mouth1. Present appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973, assailing the judgment dated 9.11.2011 and order on sentence dated 15.11.2011, passed by learned Additional Sessions Judge, in Sessions Case No.110/10, whereby the appellant was sentenced to undergo life imprisonment for the offence punishable under Section 302 of the Indian Penal Code. In addition to the above, the a...
Indur Bablani and Ors. Vs. Govt. of Nct of Delhi and Anr.
Court: Delhi
Decided on: Mar-02-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 02, 2015 + CRL.M.C. 799/2015 AVDESH KUMAR DIXIT & ORS. ..... Petitioners Through: Mr. Amit Khemka & Mr. Rishi Sehgal, Advocates versus GOVT. OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Navin Sharma, Additional Public Prosecutor for respondentState with SI Bhagat Ram Mr. Ravinder Yadav & Mr. Sridhar Raj, Advocates with respondent No.2 in person + CRL.M.C. 800/2015 & Crl. M.A.No.3029/2015 INDUR BABLANI & ORS. Through: ..... Petitioners Mr. Ravinder Yadav & Mr. Sridhar Raj, Advocates versus GOVT. OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Varun Goswami, Additional Public Prosecutor for respondent No.1-State with SI Devender Singh Mr. Amit Khemka & Mr. Rishi Sehgal, Advocates with respondent No.2 in person Crl.M.C.No.799/2015 Crl.M.C.No.800/2015 Page 1 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % In the above captioned first petition quashing of FIR No.239/2013, under Sections 120-B/406/420/46...
Dharminder and Anr. Vs. The State and Anr.
Court: Delhi
Decided on: Mar-02-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 02, 2015 + CRL.M.C. 830/2015 DHARMINDER AND ANR. Through: ..... Petitioners Mr. Naresh Gambhir, Advocate versus THE STATE AND ANR. Through: ..... Respondents Mr. Karan Singh, Additional Public Prosecutor for respondent No.1-State with SI Gaurav Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.64/2009 , under Sections 498-A/406/34 of the IPC, registered at police station Jhangirpuri, Delhi is sought on the basis of mediated settlement, terms of which are recorded in the order of 14 th December, 2013 of the learned Family Court. 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 Gaurav on the basis of identity proof produced by her. Learned Additional Public Prosecutor for St...
Sanjeev Kumar Vs. Cisf Through Its Director General
Court: Delhi
Decided on: Mar-02-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: February 23, 2015 Judgment Delivered on: March 02, 2015 % + W.P.(C) 4917/2014 SANJEEV KUMAR Represented by: ..... Petitioner Mr.G.Narayan, Advocate. versus CISF THROUGH ITS DIRECTOR GENERAL ..... Respondent Represented by: Mr.Ajay Digpaul and Mr.Kunal Punj, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.1. This writ petition has been filed by the petitioner challenging the final order passed by the Disciplinary Authority on May 15, 2012 whereby the petitioner has been awarded the penalty of reduction of pay by two stages for a period of two years with immediate effect with further direction that during the period of reduction he will not earn increments and on expiry of the period the reduction will have the effect of postponing his future increments of pay.2. The appeal filed by the petitioner was rejected by the Competent Authority on June 07, 2012 and the revis...
Rajinder Singh @ Prasad Vs. Cbi
Court: Delhi
Decided on: Mar-02-2015
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:12. 01.2015 % + Judgment delivered on:02. 03.2015 Crl.A. 4/2009 RAJINDER SINGH @ PRASAD ..... Appellant Through: Mr. Naveen Gaur, Advocate with Ms. Kamna Gupta, Advocate versus C.B.I. Through: .....Respondents Mr. Narender Mann, Advocate with Mr. Manoj Pant, Advocate Mr. Utkarsh Kohli, Advocate CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.1. The present appeal is directed against the judgment dated 05.11.2008 delivered by the learned Special Judge, Tis Hazari in Corruption Case No.131/98, by which the appellant was convicted for the offence punishable under section (u/s) 7 and u/s 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (PC Act). By the order on sentence dated 07.11.2008, the appellant was sentenced to undergo Rigorous Imprisonment (RI) for a period of two years along with a fine of Rs.20,000/.-, and in default of payment of the fine - Simple Imprisonment (SI) for t...
M/S Surya Estates (P) Ltd Vs. Satish Kumar Bharti and Ors
Court: Delhi
Decided on: Mar-02-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on 18th November, 2014 Judgment delivered on:02. d March, 2015 + CO.A(SB) 4/2007 M/S SURYA ESTATES (P) LTD Through ...Appellant Mr. Ashok Bhalla and Mr. Rajeev Kumar, Advocates with Mr. R.K. Malhotra in person. versus SATISH KUMAR BHARTI & ORS Through Respondents Mr. Krishnendu Datta with Mr.Abhinav Hansaria, Advocates. Mr. Ankit Khurana, Advocate for OBC. and + CO.A(SB) 8/2007 & CA No.1923/2014 SHRI SATISH KUMAR BHARTI & ORS. Through .Appellants Mr. Krishnendu Datta with Mr. Abhinav Hansaria, Advocates. versus SURYA ESTATES PVT. LTD AND ORS. Through CO. A(SB) 4/2007 & 8/2007 Respondents Mr. Ashok Bhalla and Mr.Rajeev Kumar, Advocates for respondent No.1 with respondent Mr. R.K. Malhotra in person. Mr. Ankit Khurana, Advocate for OBC. 1 CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J1 Both these cross appeals arise out of order dated 21 st December, 2006 passed in a petition under section 397 & 398 of the Compa...
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