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Delhi Court May 2015 Judgments

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May 29 2015

Bal Krishan Bhutani andors. Vs. State Through Nct of Delhi and Anr.

Court: Delhi

Decided on: May-29-2015

I-56 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 29, 2015 + CRL.M.C. 2497/2015 & Crl. M.A.No.8609/2015 BAL KRISHAN BHUTANI & ORS. ..... Petitioners Through: Mr. Salman Hashmi, Ms. Shama Khan & Mr. Zeeshan Hashmi, Advocates versus STATE THROUGH NCT OF DELHI & ANR. ..... Respondents Through: Mr. Vinod Diwakar, Additional Public Prosecutor for respondentState with SI Sandeep Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.389/2014, under Sections 420/34 of the IPC, registered at police station Keshav Puram, Delhi is sought on the basis of Memorandum of Understanding of 25th May, 2015 (Annexure- P-1) and on the ground that the misunderstanding which led to registration of the FIR now stands cleared between the parties. Notice. Mr. Vinod Diwakar, 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 q...


May 29 2015

Gagandeep Singh and Anr (in Judicial Custody) Vs. Director of Enforcem ...

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

Raj Buildcon Construction Ltd. and Ors. Vs. Kotak Mahindra Bank P Ltd.

Court: Delhi

Decided on: May-29-2015

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 29, 2015 + CRL.M.C. 2429/2015 & Crl.M.As.8440-41/2015 RAJ BUILDCON CONSTRUCTION LTD. & ORS. .....Petitioners Through: Mr.Vikas Gupta and Mr. Jasprit Chawla, Advocates versus KOTAK MAHINDRA BANK P LTD. Through: Nemo ..... Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of Criminal Complaint No.237/2014, under Section 138 of The Negotiable Instruments Act, 1881 titled Kotak Mahindra Bank Ltd. v. Raj Buildcon Construction Ltd. and the summoning order of 14th January, 2015 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 the next date before trial court is 24th June, 2015. At the outset, it is made clear that learned counsel for petitioner has not been heard on merits. Since petitioners have an alternate and efficacious remedy available to them to urge the pleas taken he...


May 29 2015

Sandeep Kumar Vs. The State and Anr.

Court: Delhi

Decided on: May-29-2015

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 29, 2015 + CRL.M.C. 1988/2015 SANDEEP KUMAR Through: ..... Petitioner Mr. Sunil Mittal, Advocate versus THE STATE & ANR Through: .....Respondents Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with ASI Rajneesh Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.249/2003, under Sections 498-A/34 of IPC registered at police station Bahadurgarh, Haryana, Delhi is sought on the basis of Settlement of 30th January, 2015. Notice. Ms. Nishi Jain, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2, present in the Court, is identified to be the complainant/first-informant of the FIR in question by ASI Rajneesh on the basis of identity proof produced by her. CRL.M.C. 1988/2015 Page 1 Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved vide aforesai...


May 29 2015

Ranvijay Singh Vs. The State and Ors.

Court: Delhi

Decided on: May-29-2015

$~24 to 27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + (i) CRL.M.C. 4758/2014 SHIVAM GUPTA & ORS ..... Petitioners Through: Mr. Vineet Malhotra and Mr. Shubhendu Kaushik, Advocates Mr. Manav Gupta, Advocate for petitioner No.5 versus STATE & ORS Through: + (ii) ..... Respondents Mr. P.S.Patwalia, ASG with Mr. M. Shoeb Alam, Mr. Shreya Sinha and Mr. Akash Nagar, Advocates for respondentState Mr. V.K. Bali, Senior Advocate with Mr. Aditya Soni, Mr. Karan Mehta and Mr. Vikram Pradeep, Advocates for respondent Nos. 2, 3 and 4 Ms. Usha Rangnani, ACP with Inspector Virender Singh, SHO PS-Vasant Kunj CRL.M.C. 4762/2014 SUKHVINDER SINGH & ORS ..... Petitioners Through: Mr. V.K. Bali, Senior Advocate with Mr. Aditya Soni, Mr. Karan Mehta and Mr. Vikram Pradeep, Advocates versus STATE & ORS Through: ..... Respondents Mr. P.S.Patwalia, ASG with Mr. M. Shoeb Alam, Mr. Shreya Sinha and Mr. Akash Nagar, Advocates for respondentState Mr. Manav Gupta, Advocate for respondent No.6 Crl.M.C.Nos.4758, 476...


May 29 2015

Inderpal Vs. State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: May-29-2015

I-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 29, 2015 + CRL.M.C. 2092/2015 INDERPAL Through: ..... Petitioner Mr. Suresh Sharma, Advocate versus STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with ASI Suresh Kumar Tiwari Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.143/2012, under Sections 498-A/406/34 of the IPC, registered at Crime Against Women Cell, New Delhi is sought on the ground that the subject matter of this FIR stands amicably resolved between the parties and that petitioner-husband and respondent No.2-wife are happily living together for since September, 2014. Notice. Mr. Parveen Bhati, Additional Public Prosecutor accepts notice on behalf of respondent-State 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 ASI Suresh Kumar ...


May 29 2015

Dinesh Bansal and Ors. Vs. State of Nct of Delhi and Ors.

Court: Delhi

Decided on: May-29-2015

I-54 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 29, 2015 + CRL.M.C. 2495/2015 & Crl. M.A.No.8603/2015 DINESH BANSAL & ORS. Through: ..... Petitioners Mr. Jinendera Jain & Mr. Abhishek Jain, Advocates versus STATE OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Navin Sharma, Additional Public Prosecutor for respondentState with ASI Rajnessh Mr. Ahmed, Mr. Rajesh Patoha & Mr.Z. Raza, Advocates with respondent No.3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.384/2007, under Sections 498-A/406/34 of the IPC, registered at police station Moti Nagar, Delhi is sought in this petition by petitioners. Terms of settlement are reflected in the judgment of 20th April, 2015. Notice. Mr. Navin Sharma, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Ahmed, Advocate, accepts notice on behalf of respondent No.3. Crl.M.C.No.2495/2015 Page 1 Learned Additional Public Prosecutor for respondent State submits that res...


May 29 2015

Jatin Garera and Ors. Vs. State Through Govt of Delhi and Anr.

Court: Delhi

Decided on: May-29-2015

I-38 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 29, 2015 + CRL.M.C. 2457/2015 & Crl. M.A.No.8526/2015 JATIN GARERA & ORS. Through: ..... Petitioners Mr. Rajat Rai Dua, Advocate versus STATE THROUGH NCT GOVT OF DELHI & ANR. .Respondent Through: Mr. Karan Singh, Additional Public Prosecutor for respondentState with SI Karan Singh Mr. R.K. Gupta, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.932/2014, under Sections 498-A/406/34 of the IPC, registered at police station Prashant Vihar, New Delhi is sought on the basis of Memorandum of Understanding of (Annexure-P-2), reached between the parties. Notice. Mr. Karan Singh, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. R.K. Gupta, Advocate, accepts notice on behalf of respondent No.2. Learned Additional Public Prosecutor for respondent State Crl.M.C.No.2457/2015 Page 1 submits that respondent No.2, present in the Court, ...


May 29 2015

Dr. Amit Dhawan Vs. The State (Nct of Delhi) and Ors.

Court: Delhi

Decided on: May-29-2015

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 29, 2015 + CRL.M.C.2432/2015 DR. AMIT DHAWAN Through: ..... Petitioner Mr. Vinod Kumar, Advocate with Petitioner-in-person versus THE STATE (NCT OF DELHI) & ORS. .... Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with ASI Rajneesh Mr. Arun Baati, Advocate with Respondents No.2&3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Crl.M.A.No.8444/2015 Allowed subject to all just exceptions. CRL.M.C.2432/2015 Quashing of FIR No.427/2013 under Sections 279/337/338 IPC and Sections 185, 3/181/146/196/32/177/128/177 of Motor Vehicle Act, 1988 registered at police station I.P.Estate, Delhi is sought on the basis of Memorandum of Understanding of 20th May, 2015 and on the ground that the accident in question took place due to sheer error of judgment and there was no negligence on the part of petitioner. Crl.M.C.No.2432/2015 Page 1 Notice. Ms. Nishi Jain, Additional Public Prosecut...


May 29 2015

Court on Its Own Motion Vs. Deepak Khosla

Court: Delhi

Decided on: May-29-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : May 29, 2015 + CONT. CASE (CRL.) No.9/2014 COURT ON ITS OWN MOTION Through: ... Petitioner Versus DEEPAK KHOSLA Through: .....Respondent/Contemnor In person. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I. S. MEHTA % JUDGMENT KAILASH GAMBHIR, J.1. Vide order dated 08.09.2014 passed by the Division Bench of this Court comprising of Honble Mr. Justice S. Ravindra Bhat and Honble Mr. Justice J.R. Midha, the respondent herein was charged with committing the Contempt of Court under Section 15 (1) of the Contempt of Courts Act, 1971 for making certain averments in the LPA No.583/2014 preferred by him. The Division Bench after taking cognizance of the averments made in the said LPA, which tends to scandalize or lower the authority or prestige of the court as they directly attribute malice to the learned Single Judge opined that the same prima facie constitute the criminal contempt as defined under Section 2(c)(i...


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