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Delhi Court April 2015 Judgments

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Apr 28 2015

Subhash Sharma and Ors. Vs. State of Nct of Delhi and Anr.

Court: Delhi

Decided on: Apr-28-2015

$~30 & 32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: April 28, 2015 + (i) CRL.M.C. 1746/2015 & Crl.M.A.6279/2015 SUBHASH SHARMA & ORS ..... Petitioners Through: Mr. Nitin Tewari, Advocate versus STATE OF NCT OF DELHI & ANR .....Respondents Through: Mr. Praveen Bhati, Additional Public Prosecutor for respondentState with SI Vikas Mudgal & SI Daljeet Singh Mr. Sandeep Vishnu and Ms. Mahak Gupta, Advocates with respondent No.2 in person + (ii) CRL.M.C. 1749/2015 & Crl.M.A.6287/2015 SUBHASH SHARMA & ORS .....Petitioners Through: Mr. Nitin Tewari, Advocate versus STATE OF NCT OF DELHI & ANR .....Respondents Through: Mr. Praveen Bhati, Additional Public Prosecutor for respondentState with SI Vikas Mudgal & SI Daljeet Singh Mr. Sandeep Vishnu and Ms. Mahak Gupta, Advocates with respondent No.2 in person CRL.M.Cs. 1746 & 1749 of 2015 Page 1 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % In the above captioned first petition, quashing of FIR No.254/2013, under Section ...


Apr 28 2015

Kapil Arora and Ors. Vs. State of Nct of Delhi and Anr.

Court: Delhi

Decided on: Apr-28-2015

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: April 28, 2015 + CRL.M.C. 1759/2015 KAPIL ARORA & ORS Through: ..... Petitioners Counsel (appearance not given) versus STATE OF NCT OF DELHI & ANR .....Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with SI Govind Singh Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.502/2013, under Sections 498-A/406/34 of IPC registered at police station Uttam Nagar, Delhi is sought on the basis of Settlement Deed of 21st April, 2014 (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, has been identified to be complainant/first-informant of the FIR in question by SI Govind Singh on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that the dispute CRL.M.C. 1759/2015 Page 1 between the part...


Apr 28 2015

Harpal Singh Vs. The State and Anr.

Court: Delhi

Decided on: Apr-28-2015

I- 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: April 28, 2015 + CRL.M.C. 341/2015 HARPAL SINGH Through: ..... Petitioner Mr. M.S. Ahluwalia, Advocate versus THE STATE & ANR. Through: ..... Respondents Mr. Vinod Diwakar, Additional Public Prosecutor for respondentState with SI Sushil Mr. Rajesh Dua, Advocate with Authorized Representative of Respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.154/2009, under Section 63 of The Copy Right Act and under Section 103/104 of the Trade Marks Act, registered at police station Economic Offences Wing, District C & R North, Delhi is sought on the basis of Compromise Deed of 12th December, 2014 (Annexure-P-3). Notice. Mr. Vinod Diwakar, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Rajesh Dua, Advocate, accepts notice on behalf of respondent No.2. Learned Additional Public Prosecutor for respondentState submits Crl.M.C.No.341/2015 Page 1 that Mr. Nitin Dhan...


Apr 28 2015

Kusum Lata and Ors Vs. Dda and Ors

Court: Delhi

Decided on: Apr-28-2015

* HIGH COURT OF DELHI AT NEW DELHI + RSA No.226/2008 Decided on :28. h April, 2015 RIAZUDDIN ..... Appellant Through: Mr.Samrat Nigam, Advocate. Versus DDA & ORS ..... Respondent Through: Mr.Rajiv Bansal, Advocate. + RSA No.235/2008 KUSUM LATA & ORS Through: ..... Appellant Mr.S.K.Jain and Ms.Garima Jain, Advocates. Versus DDA & ORS Through: ..... Respondent Mr.Rajiv Bansal, Advocate. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. This order shall dispose of RSA No.226/2008 and RSA No.235/2008 filed against the judgment and decree dated 18.10.2008 (impugned judgment) passed by the first appellate court in RCA No.24/2007 and RCA No.27/2007.2. I have heard Mr.Samrat Nigam, the learned counsel for the appellant in RSA No.226/2008 and learned counsel for the appellant in the connected appeal RSA No.235/2008. I have also heard Mr.Rajiv Bansal, the learned counsel for the respondent/DDA.3. Before dealing with the submissions of Mr.Samrat Nigam, the learned counsel for the appellant, i...


Apr 28 2015

Soma Enterprises Limited Vs. National Thermal Power Corporation

Court: Delhi

Decided on: Apr-28-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: April 28, 2015 + ARB. PET. 79/2015 SOMA ENTERPRISES LIMITED Through: ..... Petitioner Mr.Sushant Kumar, Advocate versus NATIONAL THERMAL POWER CORPORATION ..... Respondent Through: Mr.Puneet Taneja, Advocate CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.(Oral) 1. This petition has been filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (Act for short) for appointment of an Arbitrator.2. It is the case of the petitioner that the respondent while setting up its super thermal power plant at Sipat, District Bilaspur in the State of Chattisgarh had invited tenders for the work of Raw Water Reservoir and lining package as per its bidding document No.CS-9518-319A-9.3. The petitioner, who had also submitted its bid, was awarded the contract vide letter dated December 8, 2004. A contract agreement dated February 3, 2005 was executed between the petitioner and the respondent. It is the ...


Apr 28 2015

Riazuddin Vs. Dda and Ors

Court: Delhi

Decided on: Apr-28-2015

* HIGH COURT OF DELHI AT NEW DELHI + RSA No.226/2008 Decided on :28. h April, 2015 RIAZUDDIN ..... Appellant Through: Mr.Samrat Nigam, Advocate. Versus DDA & ORS ..... Respondent Through: Mr.Rajiv Bansal, Advocate. + RSA No.235/2008 KUSUM LATA & ORS Through: ..... Appellant Mr.S.K.Jain and Ms.Garima Jain, Advocates. Versus DDA & ORS Through: ..... Respondent Mr.Rajiv Bansal, Advocate. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. This order shall dispose of RSA No.226/2008 and RSA No.235/2008 filed against the judgment and decree dated 18.10.2008 (impugned judgment) passed by the first appellate court in RCA No.24/2007 and RCA No.27/2007.2. I have heard Mr.Samrat Nigam, the learned counsel for the appellant in RSA No.226/2008 and learned counsel for the appellant in the connected appeal RSA No.235/2008. I have also heard Mr.Rajiv Bansal, the learned counsel for the respondent/DDA.3. Before dealing with the submissions of Mr.Samrat Nigam, the learned counsel for the appellant, i...


Apr 28 2015

Poonam Khanna and Ors. Vs. Shri Lav Kumar Kaul

Court: Delhi

Decided on: Apr-28-2015

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:28. 04.2015 + CS(OS) 1775/2007 POONAM KHANNA AND ORS. Through: .... Plaintiffs Mr. Sanjeev Anand with Ms. Sonam Anand, Advs. Versus SHRI LAV KUMAR KAUL E+ Defendant Through: None. CORAM: HONBLE MR. JUSTICE NAJMI WAZIRI ..... NAJMI WAZIRI, J.(OPEN COURT) 1. This is a suit seeking possession, declaration and recovery of mesne profits.2. Vide order dated 26th February, 2007, the plaintiffs were permitted to sue as indigent persons. Thereafter, vide order dated 23 rd March, 2009, the defendant was proceeded ex parte. However, the defendant has filed his Written Statement (WS). The plaintiffs have led ex parte evidence vide affidavits dated 4th December, 2009 (PW-1/A) and 28th February, 2014 (PW1/X1) 3. The plaintiffs claim to be the owners of property bearing No.21, Aurangzeb Road, New Delhi (for short suit property). It is stated that the suit property vested with Pradeep Kumar Khanna HUF, which comprised the late Mr. Pradee...


Apr 28 2015

Pradeep Paswan Vs. State (Govt. of Nct) Delhi

Court: Delhi

Decided on: Apr-28-2015

$~R-37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 184/2012 Date of decision:28. 04.2015 PRADEEP PASWAN Through ..... Petitioner Mr. Bhupesh Narula, Adv. versus STATE (GOVT. OF NCT) DELHI ..... Respondent Through Ms. Aashaa Tiwari, APP for the State, Insp. Davendra Rathi, PS Sarai Rohilla. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ASHUTOSH KUMAR SANJIV KHANNA, J.(ORAL) 1. Pradeep Paswan, in this appeal, challenges his conviction under Section 302 of the Indian Penal Code, 1860, for having committed murder of his friend Ashok in the intervening night of 2nd and 3rd March, 2009 at Railway Line near Harijan Basti, Gali no.10, New Rohtak Road, Delhi. The impugned judgment convicting the appellant Pradeep Paswan is dated 23.08.2011 and the order on sentence imposing punishment of imprisonment for life and a fine of Rs.6,000/- is dated 02.09.2011. In default of payment of fine, the appellant shall undergo simple imprisonment for three months.2. Learned counsel for t...


Apr 28 2015

State Vs. Pratap Singh

Court: Delhi

Decided on: Apr-28-2015

$~113 * IN THE HIGH COURT OF DELHI AT NEW DELHI + % Date of Decision:28. 04.2015 CRL.A. 113/2009 STATE ..... Appellant Through: Mr. Lovkesh Sawhney, Advocate versus PRATAP SINGH ..... Respondent Through: Mr. Ashok Singh, Advocate CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(OPEN COURT) 1. The present appeal is directed against the judgment dated 17.11.2005 passed by the learned Metropolitan Magistrate, Delhi, in the case arising out of FIR No.115/99, P.S. Mandir Marg, under Sections 279/304A IPC, whereby the respondent-accused was acquitted of the charge by giving him the benefit of doubt.2. The respondent-accused was sent to trial for the offence under Section 279/304A IPC on the allegation that on 28.02.1999 at about 1.30 p.m. at Shanker Road upper Ridge Road, near roundabout, he was found driving the delivery van Vikram bearing registration No.DL1C7000in a rash and negligent manner so as to endanger human life and personal safety of others, and while driving in such a ma...


Apr 27 2015

Kiran Singh Vs. Cisf

Court: Delhi

Decided on: Apr-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved On : April 09, 2015 Judgment Delivered On : April 27, 2015 + W.P.(C) 32/2013 KIRAN SINGH Represented by: ..... Petitioner Mr.M.Padhi, Advocate. versus CISF Represented by: ..... Respondent Mr.Manish Mohan, CGSC with Ms.Manisha Rana Singh, Ms.Siddhi Arora, Ms.Puja Sarkar and Ms.Hina Shaheen, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. The petitioner was appointed as a Head Constable (Driver) in CISF on June 09, 1984. Vide memo dated August 06, 1992, the petitioner was chargesheeted as under:ARTICLE-I Gross misconduct and an act of indiscipline in that No.8448011 HC/Dvr Kiran Singh of CISF Unit, NCPP Vidyut Nagar (Fire Wing) Dadri under the influence of liquor on 3.5.91 at around 20:00 hrs. assaulted HC/GD KX Singh, CHM in the unit lines and created nuisance in unit lines. Hence the charge. ARTICLE-II Gross misconduct and an act of indiscipline in that No.84...


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