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Delhi Court May 2015 Judgments

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May 07 2015

Master Rajat Mann Vs. Guru Gobind Singh Indraprastha University and Or ...

Court: Delhi

Decided on: May-07-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h May, 2015 % + LPA No.543/2014 & CM No.13601/2014 (for stay). MASTER RAJAT MANN Through: .. Appellant Dr. Jeet Singh Mann, father of the appellpant. Versus GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY & ORS. .. Respondents Through: Mr. Vaibhav Kalra, Adv. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This intra-court appeal impugns the order dated 6th August, 2014 of the learned Single Judge of this Court of dismissal of W.P.(C) No.4940/2014 preferred by the appellant.2. The appellant had appeared in the Common Entrance Test held by the respondent no.1 University for admission of its MBBS course to the year 201415 and after successfully qualifying Stage-I of the examination, appeared in Stage-II and was ranked at No.3631 with 75 out of 150 marks in Botany and 63 out of 150 marks in the subject of Zoology. Being not satisfied with the marks awarded to him in the said two subjects,...


May 07 2015

the Delhi Network of Positive People Vs. Union of India and Ors

Court: Delhi

Decided on: May-07-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h May, 2015 % + W.P.(C) No.2867/2014 THE DELHI NETWORK OF POSITIVE PEOPLE ... Petitioner Through: Mr. Anand Grover, Sr. Adv. with Mr. Saurabh Chauhan, Mr. Varun Jain & Ms. Apurba Kundu, Advs. Versus UNION OF INDIA & ORS. Through: .. Respondents Mr. Vikram Jetley, Adv. with Ms. Chitra, Adv. for UOI. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The petitioner has filed this petition under Article 226 of the Constitution of India, as a Public Interest Litigation (PIL), to secure the rights of persons living with HIV/AIDS, pleading, (i) that in or around mid-1990s it was discovered that certain medicines i.e. anti-retrovirals (ARVs) when taken in combination of three ARVs, can help treat HIV; (ii) however these medicines were patented in several countries and the patent-holding pharmaceutical companies were charging exorbitant prices thereof, which millions of people living with H...


May 07 2015

Lt.Col. H. K. Basoya (Retd.) and Anr Vs. Union of India and Anr

Court: Delhi

Decided on: May-07-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h May, 2015 % + LPA6692014 LT.COL. H. K. BASOYA (RETD.) & ANR ..... Appellants Through: Mr. T.K. Joseph, Adv. Versus UNION OF INDIA & ANR ..... Respondents Through: Mr. Ankur Chibber, Adv. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 This intra-court appeal impugns the judgment dated 22nd September, 2014 of the learned Single Judge of dismissal of W.P.(C) No.4399/2014 filed by the two appellants. The appeal came up first on 29 th September, 2014 when after hearing the counsel for the appellants for some time, an opportunity was given to him to submit a detailed note with respect to the submissions being made. A note was so submitted. The counsel for the appellants was further heard on 11th November, 2014 when the counsel for the respondents also appeared and with consent, arguments were heard finally and judgment reserved.2. The writ petition from which this appeal arises was fil...


May 07 2015

Gangotri Enterprises Ltd Vs. Ntpc Ltd.

Court: Delhi

Decided on: May-07-2015

$~ * 23. IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 270/2015 GANGOTRI ENTERPRISES LTD. ..... Petitioner Through: Mr. Sanjeev Mahajan, Advocate. versus NTPC LTD. ..... Respondent Through: Mr. Puneet Taneja with Ms. Shaheen and Mr. G.K. Mishra, Advocates. CORAM: JUSTICE S. MURALIDHAR ORDER % 07.05.2015 Caveat No.460/2015 1. This caveat is wrongly notified in this matter whereas it has been filed in some other matter.2. The caveat will stand deleted from this matter. IA No.9707/2015 (for exemption) 3. Exemption allowed subject to all just exceptions.4. The application is disposed of. ARB.P. 270/2015 5. This is a petition under Section 11(8) of the Arbitration and Conciliation Act, 1996 (Act) filed by Gangotri Enterprises Ltd. seeking the appointment of an independent Arbitrator to adjudicate the disputes between the Petitioner and the Respondent arising out of a contract dated 29th October 2008 in respect of the Simhadri Super Thermal Power Project at Andhra Pradesh. The Petitioner ...


May 07 2015

Ram Rati Vs. Meenakshi Sharma and Ors.

Court: Delhi

Decided on: May-07-2015

I-41 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 07, 2015 + CRL.M.C. 1903/2015 & Crl. M.A.Nos.6842/2015& 6848/2015 RAM RATI Through: ..... Petitioner Mr. Kanan Kapur & Mr. Bhushan Kapur, Advocates versus MEENAKSHI SHARMA & ORS. ..... Respondents Through: Respondent No.1 in person Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with SI Sumit CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.17/2010, under Section 406 of IPC, registered at police station Paschim Vihar, Delhi is sought in this petition. Learned counsel for petitioner submits that the subject matter of this FIR is essentially matrimonial. It is submitted that the FIR in question was got registered at the instance of respondent No.1, who is daughter-in-law of petitioner and respondent No.2 is a proforma party. Learned counsel for petitioner submits that the dispute between the parties stands resolved in terms of mediated settlement of 21 st July, 2014 (Annexure-...


May 07 2015

Mallo Mal Malhotra Vs. Suresh Kumar

Court: Delhi

Decided on: May-07-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV.65/2015 Decided on:7. h May, 2015 % MALLO MAL MALHOTRA Through: ..... Petitioner Mr. Bhaskar Tiwari, Adv. Versus SURESH KUMAR Through: ..... Respondent Mr. Rakesh Kumar with Mr. Naveen Gaur, Mr. Raj Jaiswal, Advs. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Vide the impugned order dated 23rd September, 2014, the learned ARC in an eviction petition filed by the petitioner, Mallo Mal Malhotra against Suresh Kumar, the tenant under Section 14(1)(e) of the Delhi Rent Control Act (in short DRC Act) granted leave to defend. Learned ARC vide the impugned order agreed with the contention of Suresh Kumar that when the projected need of the eviction petitioner is for securing the financial future of his widowed daughter then the eviction petitioner has to at least prima facie place on record the substantive documents to prove that indeed his widowed daughter is not left with any financial support either by her deceased husban...


May 07 2015

Kunal Sharma Vs. Meenakshi Sharma and Ors.

Court: Delhi

Decided on: May-07-2015

I-8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: May 07, 2015 + CRL.M.C. 1567/2015 & Crl. M.A.No.5753/2015 KUNAL SHARMA Through: ..... Petitioner Mr. Kanan Kapur & Mr. Bhushan Kapur, Advocates versus MEENAKSHI SHARMA & ORS. ..... Respondents Through: Respondent No.1 in person Mr. Navin Sharma, Additional Public Prosecutor for respondentState with SI Sumit CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.17/2010, under Sections 498-A/406/34 of IPC, registered at police station Paschim Vihar, Delhi is sought on the basis of mediated settlement of 21st July, 2014 (Annexure-P-2) and on the ground that petitioner-husband and respondent No.1-wife are living together happily for last three years. Notice. Mr. Navin Sharma, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.1, present in the Court, is complainant/first-informant of the FIR in question and she Crl. M.C.No.1567/2015 Page 1 has been ident...


May 07 2015

Shabir Ahmad Vs. State (Nct of Delhi)

Court: Delhi

Decided on: May-07-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :27. h MARCH, 2015 DECIDED ON :7. h MAY, 2015 + CRL.A. 305/2004 SHABIR AHMAD ..... Appellant Through : None. VERSUS STATE (NCT OF DELHI) Through : ..... Respondent Ms.Kusum Dhalla, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The appellant Shabir Ahmad challenges the legality and correctness of a judgment dated 17.02.2004 in Sessions Case No.23/01 arising out of FIR No.341/2000 PS Badarpur by which he was held guilty for committing offences under Sections 376/506 IPC. By an order dated 21.02.2004, he was awarded RI for seven years with fine ` 5,000/- under Section 376 IPC and RI for one year under Section 506 IPC. Both the sentences were to operate concurrently.2. Briefly stated, the prosecution case as reflected in the charge- sheet was that on and before 16.09.2000 in House No.A-58, Main Road, Alipur Extension, Badarpur, the appellant committed rape upon the prosecutrix X (assumed name) aged around eight years and crim...


May 07 2015

Sube Singh @ Subhash Vs. Om Prakash

Court: Delhi

Decided on: May-07-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV.218/2015 Decided on:7. h May, 2015 % SUBE SINGH @ SUBHASH Through ..... Petitioner Mr. B.P. Gupta, Adv. versus OM PRAKASH Through ..... Respondent Mr. Deepak Khadaria, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) Caveat No.459/2015 Since learned counsel for the respondent enters appearance, caveat is disposed of. RC.REV.218/2015 & CM84562015 (stay) 1. Aggrieved by the order dated 29th January, 2015 dismissing the leave to defend application filed by the petitioner Sube Singh in an eviction petition filed by Om Prakash under Section 14(1)(e) of the Delhi Rent Control Act (in short DRC Act), Sube Singh prefers the present petition.2. The case of Om Prakash in the eviction petition is that Sube Singh was a tenant in one shop No.3 in property No.46/8, Gali No.13, Gadodia Road, Nai Basti, Anand Parbat, New Delhi measuring 8 X8sq.ft. It was stated that the tenanted premises was owned by Om Prakash and let out by the fath...


May 07 2015

Anu Mangalani Vs. Rajiv Gupta

Court: Delhi

Decided on: May-07-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:07. 05.2015 + RC Rev. 342/2011 ANU MANGALANI Through: ..... Petitioner Mr. Sanjeev Sindhwani, Sr. Adv. with Mr. Sanjay Dua & Mr. Uday Joshi, Advs. versus RAJIV GUPTA Through: ..... Respondent Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Jasmeet Singh, Ms. Kritika Mehra & Ms. Manpreet, Advs. CORAM: HONBLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.1. This petition under the proviso to Section 25B(8) of the Delhi Rent Control Act, 1958 (Act), impugns an order dated 5th May 2011, by which the petitioners (hereinafter referred to as the tenant) application for leave to defend was dismissed. Consequently, an eviction order was passed in favour of the respondent (hereinafter referred to as the landlord) in respect of one shop admeasuring 30 feet x 15 feet on the Ground Floor (hereinafter referred to as the tenanted premises) in property _______________________________________________________________________ bearing No.M-72, Greater Kailash-...


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