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Delhi Court May 2015 Judgments

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May 15 2015

Kapil Sahni and Ors. Vs. State of Delhi and Anr.

Court: Delhi

Decided on: May-15-2015

I- 48 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 15, 2015 + CRL.M.C. 2043/2015 KAPIL SAHNI & ORS. Through: ..... Petitioners Mr. Hargovind Jha, Advocates versus STATE OF DELHI & ANR. Through: ..... Respondents Mr. Karan Singh, Additional Public Prosecutor for respondentState with ASI Rajneesh Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.10/2014, under Sections 498-A/307/323/34 of IPC, registered at Crime Against Women Cell, Nanakpura, Delhi is sought on the basis of Compromise-Deed of 26th June, 2014 and on the ground that petitioner-husband and respondent No.2-wife are happily living together since July, 2014. Notice. Mr. Vinod Diwakar, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2, present in the Court, has been identified to be the complainant/first-informant of the FIR in question by ASI Rajneesh on the basis of identity proof Crl. M.C.No.2043/201...


May 15 2015

Hotel Meridian Plaza and Anr. Vs. Employees State Insurance Corporatio ...

Court: Delhi

Decided on: May-15-2015

I-49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 15, 2015 + CRL.M.C. 2046/2015 & Crl. M.A.Nos.7279/2015 & 7280/2015 HOTEL MERIDIAN PLAZA & ANR. ..... Petitioners Through: Akshay Chandra & Mr. C.M. Kapoor, Advocates versus EMPLOYEES STATE INSURANCE CORPORATION & ORS ..... Respondent Through: Nemo. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of Criminal Complaint No.39/01/2014, ESIC Vs. M/s Meredian Plaza and the summoning order of 19th September, 2014 is sought on merits in this petition. At the hearing, it was disclosed by learned counsel for petitioners that Notice under Section 251 of Cr.P.C. has not yet been framed and now the matter is fixed before the trial court for appearance of petitioners-accused. At the outset, it is made clear that learned counsel for petitioners has not been heard on merits. Since petitioners have an alternate and efficacious remedy available to them to urge the pleas taken herein before trial court at the time of fr...


May 15 2015

Yogesh Malik Vs. State

Court: Delhi

Decided on: May-15-2015

I- 21, 22 & 47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 15, 2015 + CRL.M.C. 2507/2014 YOGESH MALIK Through: ..... Petitioner Mr. Mohit Mathur, Mr. Raj Malhotra & Mr Atul Malhotra, Advocates versus STATE Through: + ..... Respondent Mr. Parveen Bhati, Additional Public Prosecutor for respondentState with SI Kuljeet Singh Ms. Shruti, Advocate with respondent No.2 in person CRL.M.C. 266/2015 ROHIT DHAWAN Through: ..... Petitioner Mr. Mohit Mathur, Mr. Raj Malhotra & Mr Atul Malhotra, Advocates versus STATE & ANR. Through: Crl. M.C.No.2507/2014 Crl. M.C.No.266/2015 Crl. M.C.No.2042/2015 ..... Respondent Mr. Parveen Bhati, Additional Public Prosecutor for respondentState with SI Kuljeet Singh Ms. Shruti, Advocate with respondent No.2 in person Page 1 + CRL.M.C. 2042/2015 & Crl. M.A.Nos.7274-75/2015 GYAN PRAKASH Through: ..... Petitioner Ms. Sahila Lamba, Advocate versus STATE ( GOVT OF NCT OF DELHI) & ANR. .... Respondents Through: Ms. Nishi Jain, Additional Public Pro...


May 15 2015

Sonal Arora and Ors. Vs. The State (Govt. of Nct of Delhi) and Anr.

Court: Delhi

Decided on: May-15-2015

I- 42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 15, 2015 + CRL.M.C. 2035/2015 & Crl. M.A.No.7263/2015 SONAL ARORA & ORS. Through: ..... Petitioners Mr. Surender Nagpal & Mr. Rakesh Patiyal, Advocates versus THE STATE ( GOVT OF NCT OF DELHI) & ANR. Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with SI Sandeep Singh Mr. Karan Sachdeva, Advocate with respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.341/2011, under Sections 498-A/406/34 of the IPC, registered at police station Model Town, Delhi is sought on the basis of mediated settlement of 3rd July, 2012, arrived at Delhi Govt. Mediation and Conciliation Centre, Delhi Disputes Resolution Society. Notice. Ms. Nishi Jain, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Karan Sachdeva, Advocate, accepts notice on behalf of respondent No.2. Crl.M.C.No.2035/2015 Page 1 Learned Additional Public Prosecutor ...


May 15 2015

M/S Arora Enterprises Vs. M/S Vijay Power Generator Ltd.

Court: Delhi

Decided on: May-15-2015

* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. No.384/2014 Decided on :15. h May, 2015 M/S ARORA ENTERPRISES Appellant Through: Mr. C.S.S. Tomar, Advocate. Versus M/S VIJAY POWER GENERATOR LTD. Respondent Through: Mr. B.K. Pandey, Advocate. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) C.M. No.20356/2014 (for delay) 1. This is an application seeking condonation of one day delay in filing the appeal.2. For the reasons stated in the application, the same is allowed and delay of one day in filing the appeal is condoned as sufficient cause is shown.3. The application stands disposed of. R.S.A. No.384/2014 1. This is a regular second appeal filed by the appellant against the judgment dated 30.8.2014 passed by the learned Additional District Judge-04 (SE), Saket Courts Complex in case titled M/s. Vijay Power Generators Ltd. vs. M/s. Arora Enterprises.2. The learned counsel for the appellant has contended that the substantial question of law which arises from the present appeal is ...


May 15 2015

Avnish Jain and Anr. Vs. State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: May-15-2015

I-43 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 15, 2015 + CRL.M.C. 2036/2015 & Crl. M.A.Nos.7264-65/2015 AVNISH JAIN & ANR. Through: ..... Petitioners Mr. M. Hasibudin & Ms. Zebu Kamal, Advocates versus STATE (NCT OF DELHI ) & ANR. ..... Respondents Through: Mr. Parveen Bhati, Additional Public Prosecutor for respondentState CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of Criminal Complaint No.1460/1/2014, M/S Bharat Enterprises Vs. M/S Air Link Engineers Pvt. Ltd., under Section 138 of The Negotiable Instruments Act, 1881 and the summoning order of 12th November, 2012 is sought on merits in this petition. At the hearing, it was disclosed by learned counsel for petitioners that Notice under Section 251 of Cr.P.C. has not yet been framed and now the matter is fixed before the trial court for appearance of petitioneraccused. At the outset, it is made clear that learned counsel for petitioners has not been heard on merits. Since petitioners have a...


May 15 2015

Akil Vs. State Nct of Delhi

Court: Delhi

Decided on: May-15-2015

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:15. h May, 2015 + CRL.A. 1042/2013 AKIL ..... Appellant Through: versus STATE NCT OF DELHI Ms. Rakhi Dubey, Adv. ..... Respondent Ms Fizani Hussain, Additional Public Prosecutor for the State alongwith SI Amit Sharma Police Station Sarita Vihar, New Delhi CRL.A. 1241/2013 Through: + ZAFAR ALAM ..... Appellant Through: versus STATE NCT OF DELHI Through: Mr M. Hasibuddin, Adv. ..... Respondent Mr O.P. Saxena, Additional Public Prosecutor for the State alongwith SI Amit Sharma Police Station Sarita Vihar, New Delhi CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Vide this common judgment, I shall dispose of two appeals bearing Crl. Appeal Nos. 1042/2013 and 1241/2013 filed by the appellants/accused Akil and Zafar Alam challenging the impugned judgment dated 10.07.2013 and order on sentence dated 22.07.2013 in Sessions Case No.93/2010 arising out of FIR No.346/2006 Police Station Sarita Vihar, New Delhi wher...


May 14 2015

Suresh Chandra Goyal Vs. Amit Singhal

Court: Delhi

Decided on: May-14-2015

$~7. * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:27. 04.2015 Judgment delivered on:14. 05.2015 CRL.L.P. 706/2014 SURESH CHANDRA GOYAL ..... Petitioner Through: Mr. Kshitij Sharda, Advocate. versus AMIT SINGHAL Through: ..... Respondent Mr. Aman Bhalla, Advocate. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.1. After hearing learned counsel, leave granted.2. Let the appeal be registered and numbered. Crl.A. No.3. /2015 (to be registered and numbered) I heard learned counsel finally at the admission stage with their consent and reserved judgment. Accordingly, I now proceed to dispose of the appeal.4. The present appeal is directed against the judgment dated 15.09.2014 passed in complaint No.96/2012, whereby the learned Metropolitan Magistrate, Karkardooma Courts, Delhi, has acquitted the respondentaccused of the offence under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).5. The case of the complainant, as emerging from the complain...


May 14 2015

Mitsubishi Electric India Pvt Ltd Vs. Anup Mittal and Ors.

Court: Delhi

Decided on: May-14-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1058/2014 and CM No.19637/2014 Reserved on:5. h May , 2015 Decided on:14. h May , 2015 % MITSUBISHI ELECTRIC INDIA PVT LTD ..... Petitioner Through: Mr. Sanjeev Sindhwani, Sr. Advocate with Mr.Prashant Gupta and Mr. Kanishk Kumar, Advocates. versus ANUP MITTAL & ORS. Through: ..... Respondent Mr. Rakesh Mittal and Mr. Kamlesh Anand, Advocates for Respondent No.1 and 2. Mr. N.K. Bhardwaj and Mr. Bikash Ghorai, Advocates for Respondent Nos. 3 to 7. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. The petitioner Mitsubishi Electric India Pvt. Ltd. (in short Mitsubishi) was impleaded as defendant No.6 in a suit filed by the respondent No.1 Anup Mittal and A Square Automation Pvt. Ltd. besides respondents No.3 to 7 who were the defendants No.1 to 5 in TM No.58/12 before the learned Additional District Judge. In the suit Mitsubishi filed an application under Order 1 Rule 10 CPC seeking deletion from the array of defendants as it was n...


May 14 2015

Manish @ Manni Vs. State

Court: Delhi

Decided on: May-14-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: + 14th May, 2015 CRL.A. 545/2013 & Crl. MB103372014 MANISH @ MANNI Through: ..... Appellant Mr S.K. Kaushik, Adv. Versus STATE Through: ..... Respondent Mr O.P. Saxena, Additional Public Prosecutor for the State along with ASI Jai Prakash Police Station S.P. Badli, Delhi CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. The appellant Manish@Manni impugns the judgment dated 28.03.2012 and order on sentence of the same date whereby he was convicted u/s 392/34,394 and 397 IPC and sentenced as under:(i) Sentenced to undergo R.I for 5 years and to pay fine of Rs.5,000/- in default to undergo R.I for 1 year for offence u/s 392 IPC; (ii) Sentenced to undergo R.I for 7 years and fine of Rs.5,000/- in default to undergo R.I for 1 year u/s 394 IPC; (iii) Sentenced to undergo R.I for 8 years and to pay fine of Rs.5,000/- in default to undergo R.I for 2 years for offence u/s 397 IPC.2. Succinctly stated, prosecution ...


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