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Delhi Court July 2015 Judgments

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Jul 14 2015

Sultan Hussain Vs. Union of India and Ors.

Court: Delhi

Decided on: Jul-14-2015

#19 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2045/2014 & CM APPL. 4264/2014 SULTAN HUSSAIN Through ..... Petitioner Mr. Ashish Mohan with Mr. Cheten Rai Wahi and Mr. Mohit Kumar, Advocates versus UNION OF INDIA & ORS. Through ..... Respondents Mr. Jagjit Singh, St. Standing Counsel with Mr. N. Prashant Kumar and Mr. Shivanshu Bajpai, Advocates Date of Decision :14. h July, 2015 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. One of the primary prayers in the present writ petition is to quash Clause 1.3 of paragraph (II) of the Comprehensive Leasing Policy (as amended vide Freight Marketing Circular No.11/2007 dated 12th April, 2007) on the ground that it is arbitrary, irrational, suffers from nonapplication of mind and in direct conflict with Clause 1.7 of the paragraph (II) of the same policy.2. Mr. Ashish Mohan, learned counsel for the petitioner points out that in the Clause 1.3 of the amended policy, it is stated that Railways may in addition to ...


Jul 14 2015

Akash Sethi Vs. The State and Anr.

Court: Delhi

Decided on: Jul-14-2015

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: July 14, 2015 + CRL.M.C. 2668/2015 & Crl.M.A.9545/2015 AKASH SETHI Through: ..... Petitioner Mr. Manoj Pant, Advocate versus THE STATE & ANR Through: .....Respondents Mr. Praveen Bhati, Additional Public Prosecutor for respondentState with SI Sunny Kumar Mr. Shahrukh Hussain, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.221/2012 registered at police station Rani Bagh, Delhi in which charge-sheet has been filed under Sections 279/338 of IPC is sought on the basis of affidavit of respondent No.2. Notice. Mr. Parveen Bhati, learned Additional Public Prosecutor for respondent-State accepts notice submits that respondent No.2, present in the Court, has been identified to be complainant/first-informant of the FIR in question by his counsel as well as by SI Sunny Kumar on the basis of identity proof produced by him. Respondent No.2, present in the Court, submi...


Jul 14 2015

Pankaj Jaiswal and Ors. Vs. State and Another

Court: Delhi

Decided on: Jul-14-2015

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:14. h July, 2015 + CRL.M.C. 2751/2015 PANKAJ JAISWAL & ORS. ..... Petitioners Represented by: Mr. Roop Narain, Adv. versus STATE AND ANOTHER ..... Respondents Represented by: Mr. Neeraj Kr. Singh, APP for State with SI Hawa Singh, PS-Inder Puri. Ms. Sujata Roy, Adv. for R2. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) Crl. M.A.9839/2015 (for exemption) Exemptions allowed, subject to all just exceptions. Accordingly, the application is allowed. + CRL.M.C. 2751/2015 1. Vide the present petition, petitioners seek directions thereby quashing FIR No.22/2011, registered at PS-Inder Puri for the offences punishable under Sections 498A/406/34 IPC against the petitioners.2. Ld. Counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No.2. Thereafter, respondent No.2 has settled all the disputes with the petitioners before the Counselling Cell, ...


Jul 14 2015

Maya Devi and Ors Vs. Government of Nct of Delhi and Ors

Court: Delhi

Decided on: Jul-14-2015

$~27 THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:14. 07.2015 W.P.(C) 4196/2014 and CM84292014 MAYA DEVI & ORS ... Petitioners versus GOVERNMENT OF NCT OF DELHI & ORS ... Respondents Advocates who appeared in this case: For the Petitioners For the Respondents : Mr L. B. Rai with Mr Utkarsha : Mr Yeeshu Jain and Ms Jyoti Tyagi CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. By way of this writ petition the petitioners seek the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the201. Act) which came into effect on 01.01.2014. The petitioners, consequently, seek a declaration that the acquisition proceeding initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the189. Act) and in respect of which Award No.39/1980-81 dated 09.07.1980 was made, inter alia, in respect...


Jul 14 2015

Sushil Kumar Gupta and Ors. Vs. State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: Jul-14-2015

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:14th July, 2015 + Crl. M.C. No.2746/2015 SUSHIL KUMAR GUPTA & ORS. ..... Petitioners Represented by: Mr. Rashid Hashmi, Advocate with Petitioner No.1 in person. Versus STATE (NCT OF DELHI) & ANR. ..... Respondents Represented by: Ms. Jasbir Kaur, Additional Public Prosecutor for the State with SI Praveen Kumar, PS Shalimar Bagh. Mr. Pradeep Verma, Advocate for Respondent No.2 with Respondent No.2 in person. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.275/2014 registered at Police Station Shalimar Bagh, Delhi, for the offences punishable under Sections 498A/406/34 IPC and the consequential proceedings emanating therefrom against the petitioners on the ground that the matter has been amicably settled between the parties.2. Learned counsel appearing on behalf of the petitioners s...


Jul 14 2015

Praveen Kumar Alias Pappu Alias Puran Saxena Vs. State

Court: Delhi

Decided on: Jul-14-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A.No.579/2013 Reserved on:7. h May, 2015 Date of Decision:14. h July, 2015 % PRAVEEN KUMAR ALIAS PAPPU ALIAS PURAN SAXENA ..... Appellant Through: Ms. Anita Abraham, Advocate. versus STATE Through: ..... Respondent Ms. Aashaa Tiwari, APP along with SI Umesh Rana, P.S.Ashok Vihar, North West District. CRL.A. 614/2013 MOHD USMAN ALIAS CHURI Through: Mr.K.Singhal, Advocate. Mr.Tanveer Khan, Advocate. ..... Appellant versus STATE NCT OF DELHI ..... Respondent Through: Ms. Aashaa Tiwari, APP along with SI Umesh Rana, P.S.Ashok Vihar, North West District. CRL.A. 650/2013 SITA RAM Through: ..... Appellant Mr. Ravindra S Garia & Mr. S.S. Rawat, Advocates. versus STATE GOVT OF NCT OF DELHI ..... Respondent Through: Ms. Aashaa Tiwari, APP along with SI Umesh Rana, P.S.Ashok Vihar, North West District. CRL.A. 938/2013 BHUTNA Through: ..... Appellant Mr. Chetan Anand, Advocate. versus STATE (GOVT OF NCT) OF DELHI AND ANR. ... Respondents Through: Ms....


Jul 14 2015

Umesh Kumar and Ors. Vs. State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: Jul-14-2015

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: July 14, 2015 + CRL.M.C. 2763/2015 & Crl.M.A.9876/2015 UMESH KUMAR & ORS Through: versus ..... Petitioners Mr. Arvind Duggal, Advocate STATE (NCT OF DELHI) & ANR .....Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with WSI Sumedha Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.10/2010, under Sections 498-A/406/34 of IPC registered at police station Moti Bagh, Crime (Women) Cell, Delhi is sought in this petition on the basis of Settlement whose terms find mention in the statement of the complainant of the FIR in question made before the Mahila Court on 24th August, 2013 (Annexure P-2). Notice. Ms. Nishi Jain, learned Additional Public Prosecutor for respondent-State accepts notice submits that respondent No.2, present in the Court, has been identified to be complainant/first-informant of the FIR in question by WSI Sumedha on the b...


Jul 14 2015

Ashok Kumar and Ors. Vs. Govt. of Nct of Delhi and Ors.

Court: Delhi

Decided on: Jul-14-2015

$~36 THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:14. 07.2015 W.P.(C) 2583/2015 and CM No.4619/2015 ASHOK KUMAR & ORS. ... Petitioners versus GOVT. OF NCT OF DELHI & ORS. ... Respondents Advocates who appeared in this case: For the Petitioners : Mr Sandeep Bajaj For the Respondent Nos.1& 2 : Mr Yeeshu Jain and Ms Jyoti Tyagi For the Respondent No.3 : Mr Pawan Mathur with Mr Himanshu Gupta For the Respondent No.4 : Ms Renuka Arora CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The counter-affidavit handed over by Mr Yeeshu Jain on behalf of the respondent Nos. 1 and 2 is taken on record. The learned counsel for the petitioners does not wish to file any rejoinder affidavit inasmuch as he would be relying on the averments made in the writ petition.2. By way of this writ petition, the petitioners seek the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, ...


Jul 14 2015

Vinod Kumar Vs. O P Sisodia

Court: Delhi

Decided on: Jul-14-2015

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: July 14, 2015 + CRL.M.C. 639/2015 & Crl.M.A.2449/2015 VINOD KUMAR Through: ..... Petitioner Mr. Jitender Vashisht, Advocate versus O P SISODIA Through: ..... Respondent Mr. Sanjeev Narula, Advocate with respondent in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of criminal complaint No.139/4 titled as O.P. Sisodia v. Vinod Kumar for the offence of defamation under Sections 499/500 of IPC is sought on merits in this petition. At the hearing, learned counsel for petitioner submits that petitioner is a lawyer by profession and claims privilege and that the matter is coming up before trial court on 16 th July, 2015 for hearing on the point of framing of Notice under Section 251 of Cr.P.C.. At the outset, it is made clear that learned counsel for petitioner has not been heard on merits. Since petitioner has an alternate and efficacious remedy available to him to urge the pleas taken herein before tri...


Jul 14 2015

South Delhi Municipal Corporation Vs. Bses Rajdhani Power Limited

Court: Delhi

Decided on: Jul-14-2015

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: July 14, 2015 + CRL.M.C. 2756/2015 & Crl.M.As.9856-57/2015 SOUTH DELHI MUNICIPAL CORPORATION ..... Petitioner Through: Mr. Surender Sinha and Mr. Amit Saxena, Advocates versus BSES RAJDHANI POWER LIMITED ..... Respondent Through: Mr. Sharique Hussain, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of criminal complaint No.601/2014 titled as BSES Rajdhani Power Ltd. v. Mahesh & Anr. for the offences under Section 135 read with Section 150 of the Electricity Act, 2003 is sought on merits in this petition. Vide order of 19th May, 2015 petitioner has been summoned as an accused. At the hearing, learned counsel for petitioner submits that personal appearance of petitioners officer is being insisted upon by the trial court and that Notice under Section 251 of Cr.P.C. has not yet been framed. At the outset, it is made clear that learned counsel for petitioner has not been heard on merits. Since petitio...


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