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Delhi Court July 2015 Judgments

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Jul 21 2015

Ajay Kumar @ Nand Kishor and Ors Vs. The State ( Govt of Nct of Delhi) ...

Court: Delhi

Decided on: Jul-21-2015

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:21st July, 2015 + Crl. M.C. No.2877/2015 AJAY KUMAR @ NAND KISHOR & ORS Represented by: ..... Petitioner Mr.R.P.S.Bhatti, Adv with petitioners in person Versus THE STATE ( GOVT OF NCT OF DELHI) & ANR Represented by: ..... Respondents Mr.Satish Kumar Verma, APP for the State with SI Davender Dahiya PS S.B. Dairy in person. Mr.S.P.Singh, Adv for respondent No.2/ complainant with complainant in person. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) Crl.MA.No.10264/2015 (exemption) Exemptions allowed, subject to all just exceptions. Accordingly, the application is allowed. Crl. M.C. No.2877/2015 1. Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.410/2012 registered at Police Station Shahbad Dairy, Delhi for the offences punishable under Sections 406/498-A/34 IPC and the consequential proceedings emanating therefrom against them.2. ...


Jul 21 2015

Ved Prakash Vs. State ( Govt of Nct of Delhi) and Anr

Court: Delhi

Decided on: Jul-21-2015

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:21st July, 2015 + Crl. M.C. No.2869/2015 VED PRAKASH Represented by: ..... Petitioner Mr.C Parkash, Adv with petitioner in person. Versus STATE ( GOVT OF NCT OF DELHI) & ANR Represented by: ..... Respondents Ms.Jasbir Kaur, APP for the State with SI Prahlad Meena PS Patel Nagar in person. Mr.Abhishek Goyal, Adv for respondent No.2 with injured and complainant in person. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) Crl.MA.No.10239/2015 (exemption) Exemptions allowed, subject to all just exceptions. Accordingly, the application is allowed. Crl. M.C. No.2869/2015 1. Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks quashing of FIR No.892/2014 registered at Police Station Patel Nagar, New Delhi for the offences punishable under Sections 325 IPC and Section 23 of the J J Act and the consequential proceedings emanating therefrom against him.2. Learned ...


Jul 21 2015

Vishva Mitra (Deceased) Thr His Lrs Vs. A R Nim (Deceased) Thr His Lrs

Court: Delhi

Decided on: Jul-21-2015

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. 07.2015 FAO (OS) 386/2015 VISHVA MITRA (DECEASED) THR HIS LRS versus .... Appellant A R NIM (DECEASED) THR HIS LRS ..... Respondent Advocates who appeared in this case: For the Appellant : Mr Gaurav Mitra with Mr Rishab Maheshwari and Ms Deepali Dwivedi, Advocates. For the Respondent : None. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM No.12653/2015 (exemption) Exemption is allowed subject to all just exceptions. CM Nos.12652/2015 (for condonation of delay in re-filing the appeal) The delay in re-filing the appeal is condoned. The appeal stands disposed of. FAO (OS) 386/2015 1. This appeal is directed against the order dated 26.02.2015 passed by the learned Single Judge in CS(OS) 748/2010. The case was listed for final arguments before the learned Single Judge. FAO (OS) No.386/2015 chequered history. The suit was initially filed in the y...


Jul 21 2015

Dinesh Yadav Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Jul-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :16. 07.2015. Judgment delivered on :21. 07.2015. CRL.A. 677/2011 DINESH YADAV ..... Appellant Through Ms.Anu Narula, Advocate. versus STATE (NCT OF DELHI) Through ..... Respondent Ms.Kusum Dhalla, APP for the State. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 This appeal is directed against the impugned judgment and order of sentence dated 21.04.2011 and 30.04.2011 respectively wherein the appellant stood convicted under Sections 376 (2)(f)/506-II read with Section 109/34 of the IPC. He had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.25,000/- for the offence under Section 376 (2)(f) read with Section 506-II of the IPC and in default of payment of fine to undergo SI for a period of three months. For the offence under Section 354 of the IPC, he had been sentenced to undergo RI for a period of two years. The sentences were to run concurrently. Benefit of Section 428 of t...


Jul 21 2015

Jagminder Singh and Ors. Vs. State Nct of Delhi and Anr.

Court: Delhi

Decided on: Jul-21-2015

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:21st July, 2015 + CRL.M.C. No.662/2015 JAGMINDER SINGH & ORS. ..... Petitioners Represented by: Mr. Rajiv Khosla and Mr. S. C. Phogat, Advocates with Petitioners in person. Versus STATE NCT OF DELHI & ANR. ..... Respondents Represented by: Mr. Ravi Nayak, Additional Public Prosecutor for the State with SI Mahendra Pratap, PS Narela. Mr. Rajeshwar Singh, Advocate for the Respondents with Respondents No.2 and 3 are in person. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek directions thereby quashing of FIR No.281/2003 registered at Police Station Narela for the offences punishable under Sections 332/353/186/506/34 IPC and the consequential proceedings emanating therefrom against the petitioners on the ground that the matter has been amicably settled between the parties.2. Mr. Rajiv Khosla, learned c...


Jul 21 2015

Shilpi Verma Vs. University of Delhi and Anr

Court: Delhi

Decided on: Jul-21-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t July, 2015 % + W.P.(C) 6474/2015 SHILPI VERMA Through: ..... Petitioner Mr. Vishwendra Verma, Adv. Versus UNIVERSITY OF DELHI & ANR ..... Respondents Through: Mr. Mohinder J.S. Rupal, Adv. for R-1. Ms. Manisha Singh & Mr. Amit Bansal, Advs. for R-2. CORAM:HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This petition came up before this Court first on 8th July, 2015 when inter alia the following order was passed:4. The petitioner has been denied admission to the M.Sc. (Fabric and Apparel Science) course in the respondent No.2 Lady Irwin College on the ground of not meeting the eligibility criteria of having done graduation in B.Sc. (Home Science).5. The contention of the petitioner is that though the graduation done by the petitioner from Satyam Fashion Institute, Noida affiliated to Smt. Nathibai Damodar Tharkersey Womens University, Mumbai is labelled as Bachelor of Design but the curriculum of the course in which the petitioner h...


Jul 21 2015

Om Prakash Makhija Vs. Manohar Lal

Court: Delhi

Decided on: Jul-21-2015

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA4712015 OM PRAKASH MAKHIJA ..... Appellant Through: Mr. Subhash Tagra, Advocate versus MANOHAR LAL ..... Respondent Through CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER ORDER % 21.07.2015 CM No.12615/2015 (Exemption) 1. Allowed subject to just exceptions. RFA4712015 and CM No.12614/2015 (stay) 2. This is an appeal filed against the judgment and decree dated 30.03.2015, passed by the trial court. The facts pertaining to the case have been noted, in detail, in the trial court order. Therefore, for the present, I will be adverting only those facts which are necessary for the disposal of the instant appeal. 2.1 The respondent/plaintiff approached the trial court with an action for recovery of a loan which he had apparently, furnished to the appellant/defendant. 2.2 According to the respondent/plaintiff, the loan in the sum of Rs.6 Lakh was advanced by way of two cheques, bearing no.497945 and 497947. Both cheques, as averred, were dated 04.1...


Jul 21 2015

Vinod Kumar Vs. State

Court: Delhi

Decided on: Jul-21-2015

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : JULY06 2015 DECIDED ON : JULY21 2015 + CRL.A. 854/2012 VINOD KUMAR Through : ..... Appellant Mr.Sumeet Verma, Advocate with Mr.Amit Kala, Advocate. VERSUS STATE Through : ..... Respondent Ms.Fizani Husain, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The instant appeal has been preferred by the appellant-Vinod Kumar to impugn a judgment dated 12.03.2012 of learned Additional sessions Judge in Sessions Case No.02/2011 arising out of FIR No.226/2010 registered at Police Station Ranhola by which he was held guilty for committing offence under Section 376/506 IPC. The appellant was sentenced to undergo RI for ten years with fine `2,000/- under Section 376 (2) (f) IPC and RI for one year with fine `1,000/- under Section 506 IPC. The sentences were to run concurrently.2. Briefly stated the prosecution case as projected in the charge- sheet was that on 28.10.2010 at about 12.00 noon at House No.68, Road No.8, Sainik Enclave, ...


Jul 21 2015

Brij Vivek Gupta (Huf) and Ors. Vs. M.C.D.

Court: Delhi

Decided on: Jul-21-2015

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1328/2008 BRIJ VIVEK GUPTA (HUF) & ORS. Through: ..... Petitioners Mr. Sumit Bansal, Mr. Ateev Mathur, Ms. Richa Oberoi & Ms. Jagriti Ahuja, Advs. versus M.C.D. Through: ..... Respondent Mr. Sanjay Poddar, Sr. Adv. with Mr. Mukesh Gupta, Adv. for MCD. Date of Decision:21. t July, 2015 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present writ petition has been filed with the following prayers:(a) issue a writ of declaration declaring the act of the Respondent Corporation in proceeding to demolish the portion of the property of the Petitioners, is totally illegal, arbitrary and without any authority of law and (b) issue a writ of mandamus thereby directing the Respondent corporation not to take any action or interfere with the possession and enjoyment of the Petitioners in respect of the property, being plot No.182, measuring 202.5 Sq. Yds. Shama Prasad Mukerji Park, New Delhi; and (c) 2. pass such other or...


Jul 21 2015

Ravinder Kumar Wali Vs. Union of India and Ors.

Court: Delhi

Decided on: Jul-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t July, 2015 % + W.P.(C)6875/2015, CMs No.12580/2015 (for stay) & 12581/2015 (for exemption) RAVINDER KUMAR WALI ..... Petitioner Through: Mr. Rajinder Wali, Advocate. Versus UNION OF INDIA & ORS. ..... Respondent Through: Mr. Akshay Makhija, CGSC with Mr., Rohitendra Deb, Mr. Sanjugeeta Moktan and Ms. Mahima Behl, Advocates for respondents 1 to 3. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The petitioner, having suffered an order of his eviction from Quarter No.C-17, Panchwati, Palam, Delhi Cant under the Public Premises (Eviction of Unauthorized Occupants) Act 1971, has filed this petition under Article 226 of the Constitution of India for retaining the said accommodation and impugning the order of his eviction.2. It is the case of the petitioner:(i) that he is a permanent resident of State of Jammu and Kashmir at Srinagar; (ii) that he, on 28th September, 1983 joined the service in the office of the Controller Genera...


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