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Delhi Court May 2015 Judgments

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May 29 2015

Gaurav Maggo Vs. The State of Nct, Delhi

Court: Delhi

Decided on: May-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :9. h MARCH, 2015 DECIDED ON :29. h MAY, 2015 + CRL.A.No.369/2014 GAURAV MAGGO Through : ..... Appellant Ms.Richa Kapoor, Advocate. versus THE STATE OF NCT, DELHI Through : ..... Respondent Mr.Navin K.Jha, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Challenge in this appeal is to a judgment dated 22.02.2014 of learned Addl. Sessions Judge, Delhi in Sessions Case No.09/13 arising out of FIR No.111/12 PS Timarpur by which the appellant Gaurav Maggo was convicted for committing offence under Section 376 IPC. By an order dated 25.02.2014, he was sentenced to undergo RI for seven years with fine ` 5,000/-.2. Briefly stated, the prosecution case as set up in the charge- sheet was that from 14.10.2011 to 25.05.2012, the appellant committed rape upon X (assumed name) on the pretext of marrying her and also criminally intimidated her. Written complaint (Ex.PW-1/A) lodged by X on 25.05.2012 formed the basis of First Information Re...


May 29 2015

Anil Rawat and Ors. Vs. State

Court: Delhi

Decided on: May-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on 22.05.2015 Judgment delivered on 29.05.2015 + Crl. A. 660/1999 ROHIT BANSAL ..... Appellant Through : Mr. Rajeev Gaur Naseem, Advocate. Versus STATE ..... Respondent Through : Mr. Feroz Khan Ghazi, APP for the State + Crl. A. 661/1999 BALBIR @ BALLI ..... Appellant Through : Mr. M. L. Yadav, Advocate. Versus STATE ..... Respondent Through : Mr. Feroz Khan Ghazi, APP for the State + Crl. A. 677/1999 ANIL RAWAT & ORS. ..... Appellants Through : Mr. M. L. Yadav, Advocate. Versus STATE ..... Respondent Through : Mr. Feroz Khan Ghazi, APP for the State + Crl. A. 678/1999 MUKESH @ BITTOO ..... Appellants Through : Mr. Rajeev Gaur Naseem, Advocate. Versus STATE ..... Respondent Through : Mr. Feroz Khan Ghazi, APP for the State + Crl. A. 692/1999 PARVEEN KUMAR Through : ..... Appellant Mr. Vikas Pahwa, Senior Advocate with Ms. Aeshna Dahiya, Advocate. Versus STATE Through : ..... Respondent Mr. Feroz Khan Ghazi, APP for the State C...


May 29 2015

Bina Devi Vs. Surat Nirmal Dass

Court: Delhi

Decided on: May-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.F.A. 18/2014 Reserved on:14. h May, 2015 Decided on:29. h May, 2015 % BINA DEVI Through ..... Appellant Mr. Manoj V. George, Ms. Shilpa M. George, Mr. Akarsh Kamra, Advs. versus SURAT NIRMAL DASS Through ..... Respondent Mr. Amit Sibal, Sr. Adv. with Mr. Subhiksh Vasudev, Mr. Vinay P. Tripathi, Advs. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Suit No.200/1999 was filed by Manshya Ram Nirmal Dass against his brother Surat Nirmal Dass seeking possession and recovery of damages in respect of flat No.A-13/32-A, Kalkaji Extension, New Delhi (in short the suit flat). Manshya Ram claimed in the suit that the flat was allotted to him under MIG category in the draw of lots held on 20th March, 1984 by the DDA. The total cost of the flat was paid by Manshya Ram in four installments. When the possession of flat was taken, parents of Manshya Ram were residing with Surat Nirmal Dass his younger brother at a rented accommodation in East of ...


May 29 2015

Upender Mukhiya Vs. The State (Nct of Delhi)

Court: Delhi

Decided on: May-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :25. h MAY, 2015 DECIDED ON :29. h MAY, 2015 + CRL.A.1134/2010 & CRL.M.A.No.4073/2015 UPENDER MUKHIYA Through : ..... Appellant None. versus THE STATE (NCT OF DELHI) ..... Respondent Through : Ms.Kusum Dhalla, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Present appeal is directed against a judgment dated 09.04.2010 in Sessions Case No.112/2008 arising out of FIR No.263/2007 PS Okhla Industrial Area by which the appellant Upender Mukhiya was held guilty for committing offence under Section 376(2)(f) IPC. By an order dated 13.04.2010, he was sentenced to undergo RI for ten years with fine ` 1,000/-.2. Briefly stated, the prosecution case as set up in the charge- sheet was that on 30.03.2007 in between 03.00 to 04.00 p.m. at house No.RZ113/3, T.K.D. Extension, New Delhi, the appellant committed rape upon X (assumed name) aged five years. The police machinery came in motion when Daily Diary (DD) No.23 (Ex.PW-10/B) was recor...


May 29 2015

Salman Hasan Vs. Jamia Millia Islamia

Court: Delhi

Decided on: May-29-2015

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:29. 05.2015 W.P.(C) 5616/2015 & CM Nos.10132-33/2015 SALMAN HASAN ..... Petitioner versus JAMIA MILLIA ISLAMIA ..... Respondent Advocates who appeared in this case: For the Petitioner : Counsel for the petitioner (appearance not given). For the Respondent : Mr B. B. Sawhney, Sr. Advocate with Mr Amit George and Mr Aditya Shandliya. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J (ORAL) 1. The petitioner has filed the present petition, inter alia, praying that the petitioner be permitted to appear in the Supplementary Examination/Special Back Paper Examination conducted by the respondent university. The petitioner contends that he has been denied an opportunity to appear in the said examination pursuant to a disciplinary action taken against him in November 2013, he submits that this is beyond the scope of punition imposed by the respondent university at the material time. The petitioner is also aggrieved as...


May 29 2015

Chaman Lal Kewal Krishan and Ors Vs. Kanta Devi

Court: Delhi

Decided on: May-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 197/2015 Reserved on:5. h May , 2015 Decided on:29. h May, 2015 % CHAMAN LAL KEWAL KRISHAN & ORS ..... Petitioners Through: Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Amardeep Maini, Advocate. versus KANTA DEVI Through: ..... Respondent Mr. S.S. Jain and Mr. Nikesh Jain, Advocates. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Aggrieved by the order dated 15th November, 2014 whereby leave to defend application of the petitioners in an eviction petition filed by the respondent under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (in short the DRC Act) was dismissed, the petitioners prefer the present petition.2. Smt. Kanta Devi the respondent herein filed an eviction petition against the petitioners seeking eviction from the premises i.e. a shop measuring 26 feet x 7 feet approximately bearing No.4451, Daiwara, Nai Sarak, Delhi-110006 on the ground of bonafide requirement. It was stated that Smt. Kanta Devi was the so...


May 29 2015

Gaurav Gupta Vs. Director of Enforcement

Court: Delhi

Decided on: May-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on: May 29, 2015 + BAIL APPLICATION No.484/2015 GAURAV GUPTA Through ..... Petitioner Mr. Sandeep Sethi, Sr. Adv. with Mr. Bharat Sharma, Mr. Akshey Bhatia, Adv. versus DIRECTOR OF ENFORCEMENT ..... Respondent Through Mr. Sanjay Jain, ASG with Mr.Ajay Digpal, Mr. Akshay Makhija, GHS, Ms. Prabhsahey Kaur, GP, Ms. Shreya Sinha, Mr. Akash Nagar, Ms. Pallavi Shali, Adv. + BAIL APPLICATION NO.571/2015 GAGANDEEP SINGH & ANR ..... Petitioners (IN JUDICIAL CUSTODY) Through Mr. Saurabh Kirpal, Adv. with Ms. Deeksha Rao, Adv. versus DIRECTOR OF ENFORCEMENT ..... Respondent (THROUGH ASSTT. DIRECTOR) Through Mr. Sanjay Jain, ASG with Mr.Ajay Digpal, Mr. Akshay Makhija, GHS, Ms. Prabhsahey Kaur, GP, Ms. Shreya Sinha, Mr. Akash Nagar, Ms. Pallavi Shali, Adv. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By way of this order, I propose to decide the two applications; one filed by Gaurav Gupta and another one by Gagandeep ...


May 29 2015

Unitech Realty Private Limited Vs. The Uniworld Garden Apartment Owner ...

Court: Delhi

Decided on: May-29-2015

$~3 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CO.APP. 21/2015 and CMs No.10568/2015, 10569/2015 & 10570/2015 Date of decision:29. h May, 2015 % UNITECH REALTY PRIVATE LIMITED ..... Appellant Through: Mr.Sandeep Sethi, Sr. Adv. with Mr.Tarun Dua and Mr.Anant Garg, Advs. versus THE UNIWORLD GARDEN APARTMENT OWNERSASSOCIATION ..... Respondent Through: Mr.Jatin Mongia and Ms. Niyati Kohli, Advs. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE P.S.TEJI GITA MITTAL, J.(Oral) CM No.10570/2015 (Exemption) 1. Allowed, subject to just exceptions. The application is disposed of. CM No.10569/2015 2. Heard. For the reasons stated, the delay in filing the appeal is condoned. CO.APP. 21/2015 & CM No.10568/2015 3. Issue notice. Mr. Jatin Mongia, Advocate accepts notice on behalf of respondent.4. With the consent of both the parties this appeal is taken up for consideration. The respondent has filed petition under Section 443 of the Companies Act, 1956 being Company Petition No.513/2014 se...


May 29 2015

Santosh Jain Vs. Praveen Kumar Gupta and Anr

Court: Delhi

Decided on: May-29-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 66/2015 and CM Nos.2395/2015 (stay) & 4435/2015 (modification) Reserved on:05. h May, 2015 % Decided on:29. h May, 2015 SANTOSH JAIN Through: ..... Petitioner Mr. Kirti Uppal, Sr. Advocate with Ms.Savita Malhotra, Ms. Suman and Ms.Sahiba Pantel, Advocates. versus PRAVEEN KUMAR GUPTA & ANR ..... Respondents Through: Mr. Sanjeev Sindhwani, Sr. Advocate with Mr. Sidharth Aggarwal, Advocate. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 An eviction petition was filed by Smt.Santosh Jain, the Petitioner under Section 14(1) (e) read with Section 25B of the Delhi Rent Control Act, 1958 (in short the DRC Act) on 28th September, 2010 for eviction of the tenanted premises in occupation of the Respondents Praveen Kumar Gupta and Manbhav Gupta on the ground that the tenanted premises was required bona fidely for her son who after having established as a lawyer requires the same to set up his law office.2. In the Eviction Petition No.139/2010 the learne...


May 29 2015

Pankaj Kumar Shukla Vs. Union of India and Ors

Court: Delhi

Decided on: May-29-2015

$~12. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 827/2015 % Judgment dated 29.05.2015 PANKAJ KUMAR SHUKLA ..... Petitioner Through : Dr.Ashutosh and Mr.Dalip Singh, Advs. versus UNION OF INDIA & ORS Through : ..... Respondents Mr.Anurag Ahluwalia, CGSC for UOI and Mr.Prashant Ghai, Advocate. Mr.Om Prakash, Dy. Secretary, Ministry of Finance. Mr.Satish Aggarwala and Mr.Amish Aggarwala, Advs. for respondent no.3. CORAM: HONBLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J (ORAL) 1. Rule DB.2. With the consent of counsel for the parties present writ petition is set down for final hearing and disposal.3. Present petition has been filed by petitioner under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking a writ of mandamus or any other appropriate writ, order or direction thereby directing the respondents to place on record the detention order dated 10.9.2013, passed by respondent...


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