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Delhi Court April 2015 Judgments

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Apr 24 2015

Bhagwan Dass @ Ram Khiladi Vs. State

Court: Delhi

Decided on: Apr-24-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : MARCH02 2015 DECIDED ON : APRIL24 2015 + CRL.A.1070/2014 BHAGWAN DASS @ RAM KHILADI ..... Appellant Through : Mr.Neeraj Bhardwaj, Advocate. VERSUS STATE Through : ..... Respondent Mr.Navin K.Jha, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Aggrieved by a judgment dated 22.04.2014 of learned Additional Sessions Judge in Sessions Case No.70/2013 arising out of FIR No.32/2013, Police Station D.B.G. Road by which the appellant Bhagwan Dass @ Ram Khiladi was convicted under Section 292 (2) (a)/ 354 IPC and under Section 10 of the POCSO Act, he has filed the instant appeal. By an order dated 25.04.2014, he was awarded RI for five years with fine `500/- under Section 10 POCSO Act and RI for six months with fine `500/- under Section 292 (2) (a) IPC. Both the sentences were to operate concurrently.2. Allegations against the appellant, as projected in the charge- sheet were that on 27.01.2013 at around 4:30 p.m. in the area of Pu...


Apr 24 2015

P.C. Dhingon Vs. C.B.I.

Court: Delhi

Decided on: Apr-24-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:13. h March, 2015 Judgment Pronounced on:24. h April, 2015 CRL.REV.P. 559/2008 P.C. DHINGON Through: ..... Petitioner Mr. A.N. Sharma, Advocate versus C.B.I. Through: ..... Respondent Mr. Narender Mann, Sp. PP with Ms. Utkarsha Kohli, Adv. for CBI CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.1. Aggrieved by the order on conviction dated 26.02.1997 and the order on sentence dated 05.03.1997 passed by the learned Metropolitan Magistrate, awarding the sentence to the petitioner to undergo rigorous imprisonment for one year and fine of Rs.2,000/under Section 409 IPC, in default of payment of fine to further undergo simple imprisonment for 60 days; imprisonment for a period of six months under section 477-A IPC and upholding the same by the learned Additional Sessions Judge vide judgment dated 31.07.2008, the present revision petition has been filed by the petitioner.2. Factual matrix, as emerges from the record, is that the pe...


Apr 24 2015

Sarla Bala Sinha Vs. Sarat Chandra Sinha and Ors

Court: Delhi

Decided on: Apr-24-2015

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 2409/2014 & IA Nos. 15113/2014, 15115/2014, 20455/2014, 21521/2014, 21824/2014, 2003/2015, 4008/2015, 4217-4218/2015, 4291/2015, 7366/2015 SARLA BALA SINHA ..... Plaintiff Through: Mr. Avneesh Garg, Advocate with Mr. Ishan Khanna, Advocate. versus SARAT CHANDRA SINHA & ORS ..... Defendants Through: Mr. Vipul Gupta, Advocate for defendant No.1 with defendant in person. Mr. Dipak K. Nag, Advocate with Ms. Apurva Upmanyu, Advocate for defendants No.2, 4 and 5. Date of Decision:24. h April, 2015 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) I.A. No.21520/2014 1. Present application has been filed by defendant No.1 for rejection of the plaint under Order VII Rule 11 CPC.2. Mr. Vipul Gupta, learned counsel for defendant No.1 submits that the present plaint is barred by limitation. He states that plaintiff has sought a direction to pay 50% share of profits since 14 th April, 2006 and a declaration that the partnership ...


Apr 24 2015

Aslam @ Akram Vs. The State (Nct of Delhi)

Court: Delhi

Decided on: Apr-24-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :20. h FEBRUARY, 2015 DECIDED ON :24. h APRIL, 2015 + CRL.A.No.577/2003 ASLAM @ AKRAM Through : ..... Appellant Mr.Shailender Dahiya, Advocate with Mr.Pradeep Ahlawat, Advocate along with appellant in person. versus THE STATE (NCT OF DELHI) Through : ..... Respondent Mr.Navin K.Jha, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Aggrieved by a judgment dated 21.07.2003 of learned Addl. Sessions Judge in Sessions Case No.63/2001 arising out of FIR No.40/01 PS Khajoori Khas by which the appellant Aslam @ Akram was convicted under Sections 366/376 IPC, he has filed the instant appeal. By an order dated 22.07.2003, he was awarded RI for ten years with fine ` 10,000/- each under Sections 366/376 IPC. Both the sentences were to operate concurrently.2. Briefly stated, the prosecution case as set up in the charge- sheet was that on 25.02.2001 at about 07.00 P.M. from 20 Foota Road, ABlock, Shree Ram Colony, the appellant kidnapped...


Apr 24 2015

Nirmal Kashyap Vs. State of M.P. and Ors.

Court: Delhi

Decided on: Apr-24-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.638/2014 24th April, 2015 % NIRMAL KASHYAP Through: versus STATE OF M.P. & ORS. Through: ..... Petitioner Mr.Anilendra Pandey, Advocate. ..... Respondents Mr.Sunny Choudhary with Mr.Abhimany Singh, Advocates. 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, petitioner has sought for the following reliefs:(a) issue a writ, order or direction in the nature of mandamus directing the respondents to grant retirement benefits on promotional basis to the petitioner as per Rules and directions issued by Honble Supreme Court in Civil Appeal No.2095 of 2009 titled as Madan Mohan Saxena Vs. State of Madhya Pradesh and others; (b) issue a writ order or direction as are deemed fit and proper directing the respondent to grant the interest on arrears to the petitioner at 18% p.a. (c) pass such further and other...


Apr 24 2015

Manoj Vs. State

Court: Delhi

Decided on: Apr-24-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : MARCH18 2015 DECIDED ON : APRIL24 2015 + CRL.A.794/2011 & Crl.M.A.No.16843/14, Crl.M.B.Nos.2177/12, 1711/12 & 1130/11 MANOJ Through : ..... Appellant Mr.Avninder Singh with Ms.Sumi Anand, Advocates. versus STATE Through : ..... Respondent Ms.Kusum Dhalla, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Aggrieved by a judgment dated 23.03.2011 of learned Additional Sessions Judge in Sessions Case No.62/10 arising out of FIR No.94/06 Police Station Mandir Marg by which the appellant Manoj was convicted under Section 376, he has preferred the instant appeal. By an order dated 25.03.2011, the appellant was awarded RI for seven years with fine `2,000/- under Section 376 IPC.2. Briefly stated, the prosecution case as set up in the charge- sheet was that on the night intervening 8/9.03.2006 in a garage of H Block, Kali Bari Marg, New Delhi, the appellant committed rape upon X (assumed name), aged about 16 years. The Investigating ...


Apr 24 2015

Niaz Ahmad Vs. M/S Indcap Leasing and Finance Pvt Ltd

Court: Delhi

Decided on: Apr-24-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:24. h April, 2015 % + Crl.M.C. No.5463/2014 NIAZ AHMAD Through ..... Petitioner Mr. Arun Francis and Mr. Sanjay Kr. Chhety, Advocates. versus M/S INDCAP LEASING AND FINANCE PVT LTD ..... Respondent Through Mr. Mohan K. Kukreja and Mr. B.L. Khatri, Advocates. 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. for setting aside the order dated 15th November, 2014 passed by Civil Judge and for quashing of the Criminal Complaint being CC No.582/2013 titled as M/s Indcap Leasing and Finance Pvt. Ltd. vs. Niaz Ahmad filed by the respondent under Section 138 of Negotiable Instruments Act (hereinafter referred to as the Act).2. Brief facts of the case as per complaint are that: (i) On 25th January, 2012, the respondent company through its authorized representative Shri Paramjeet Dhingra filed a complaint under Section 138 of the Act. (ii) In th...


Apr 24 2015

Amit Jain Vs. Ayurveda Herbal and Ors

Court: Delhi

Decided on: Apr-24-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced :24. h April, 2015 % + I.A. No.18023/2014 in CS (OS) No.2689/2014 AMIT JAIN Through ..... Plaintiff Mr.S.K.Bansal, Adv. with Mr. Ajay Amitabh Suman, Mr.Amit Chanchal Jha, Mr. Santosh Kumar and Mr. Vikash Khera, Advs. versus AYURVEDA HERBAL & ORS ....Defendants Through Mr.Ajay Sahni, Adv. with Mr. Ankit Sahni, Adv. for D-1 to 5. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. Mr. Amit Jain sole proprietor of M/s Vinayak Industries has filed the present suit for permanent injunction restraining infringement of designs, passing off, delivery up, rendition of accounts etc. against the defendants.2. The plaintiff is engaged in the business activity of manufacturing and marketing of cosmetic products i.e. creams, hair oil and shampoos and other allied and cognate goods.3. One Mr. Naveen Kumar Jain, sole proprietor of M/s Parag Plastic, B-976, Shastri Nagar, Delhi-110052 was the registered holder of various design re...


Apr 24 2015

Mohd. Shakil and Ors. Vs. The State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: Apr-24-2015

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: April 24, 2015 + CRL.M.C. 1671/2015 & Crl.M.A.6049/2015 MOHD. SHAKIL & ORS Through: ..... Petitioners Mr. Bhagwan Jha, Advocate versus THE STATE ( NCT OF DELHI) & ANR .....Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with SI Devender Singh Mr. Deepak Pathak, Advocate for respondent No.2-BSES RPL CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.311/2012, under Section 135 of The Indian Electricity Act, 2003 and Section 379 of IPC registered at police station Sarita Vihar, Delhi is sought in this petition on the basis of No Dues Certificate of 15th February, 2012 (Annexure-C) issued by respondent No.2-complainant/first-informant of the FIR in question. Notice. Ms. Nishi Jain, Additional Public Prosecutor for respondent-State accepts notice. Mr.Deepak Pathak, Advocate, appears on behalf of respondent CRL.M.C. 1671/2015 Page 1 No.2 and submits that the subjec...


Apr 24 2015

Mukesh Dhiman and Ors. Vs. The State (Delhi Admn.) and Anr.

Court: Delhi

Decided on: Apr-24-2015

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: April 24, 2015 + CRL.M.C. 1653/2015 & Crl.M.A.No.6011/2015 MUKESH DHIMAN & ORS Through: ..... Petitioners Mr. Mohan Kumar, Advocate versus THE STATE ( DELHI AMDN) & ANR ..... Respondents Through: Mr. Vinod Diwakar, Additional Public Prosecutor for respondentState with SI Mahabir Singh PS CAW Mr. Daljeet Dhiman, Advocate with Respondent No.2-in-person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.54/2013, under Sections 498-A/406/34 of IPC registered at Police Station Geeta Colony, Delhi is sought on the basis of Settlement of 24th May, 2014 arrived at Counselling Cell, Family Courts, Dwarka Court, Delhi (Annexure A). Notice. Mr. Vinod Diwakar, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Daljeet Dhiman, Advocate, accepts notice on behalf of respondent No.2. Crl.M.C.No.1653/2015 Page 1 Learned Additional Public Prosecutor for respondentState submits that resp...


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