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Delhi Court July 2015 Judgments

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Jul 23 2015

Devi Prakash Yadav Vs. State

Court: Delhi

Decided on: Jul-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 124/2011 & Crl.M.A No.3030/2014 Reserved on:13. 07.2015 Date of Decision:23. 07.2015 % AJAY @ RAJESH Through: ..... Appellant Ms.Aishwarya Rao, Advocate. versus STATE Through: ..... Respondent Mr.Yogesh Verma, APP. ASI Jaipal, P.S.Adarsh Nagar. CRL.A. 1623/2013 & Crl.M.A No.18864/2013 DEVI PRAKASH YADAV Through: ..... Appellant Mr.Rajender Chhabra, Advocate. versus STATE Through: ..... Respondent Mr.Yogesh Verma, APP. ASI Jaipal, P.S.Adarsh Nagar. CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR, J:1. Both the appeals have been heard together and are disposed of by this common judgment.2. Both the appellants viz.Ajay @ Rajesh (Crl.A.124/2011) and Devi Prakash Yadav (Crl.A.1623/2013) have impugned the judgment and order of conviction and sentence dated 9.3.2010 and 23.3.2010 respectively whereby the learned ASJ, Rohini Courts, Delhi in Sessions Case No.1071/2009 (P.S.Adarsh Nagar) convicted the appellants under Sections 392/394 ...


Jul 23 2015

Ajay @ Rajesh Vs. State

Court: Delhi

Decided on: Jul-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 124/2011 & Crl.M.A No.3030/2014 Reserved on:13. 07.2015 Date of Decision:23. 07.2015 % AJAY @ RAJESH Through: ..... Appellant Ms.Aishwarya Rao, Advocate. versus STATE Through: ..... Respondent Mr.Yogesh Verma, APP. ASI Jaipal, P.S.Adarsh Nagar. CRL.A. 1623/2013 & Crl.M.A No.18864/2013 DEVI PRAKASH YADAV Through: ..... Appellant Mr.Rajender Chhabra, Advocate. versus STATE Through: ..... Respondent Mr.Yogesh Verma, APP. ASI Jaipal, P.S.Adarsh Nagar. CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR, J:1. Both the appeals have been heard together and are disposed of by this common judgment.2. Both the appellants viz.Ajay @ Rajesh (Crl.A.124/2011) and Devi Prakash Yadav (Crl.A.1623/2013) have impugned the judgment and order of conviction and sentence dated 9.3.2010 and 23.3.2010 respectively whereby the learned ASJ, Rohini Courts, Delhi in Sessions Case No.1071/2009 (P.S.Adarsh Nagar) convicted the appellants under Sections 392/394 ...


Jul 23 2015

Lakhbir Singh Vs. Arun Khanna

Court: Delhi

Decided on: Jul-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: July 13, 2015 Judgment Delivered on: July 23, 2015 + RFA (OS) 111/2014 LAKHBIR SINGH Represented by: ..... Appellant Mr.I.S.Alag, Advocate with Mr.R.S.Bisht and Mr.Ahmad Shahrooz, Advocates versus ARUN KHANNA Represented by: ..... Respondent Mr.Sandeep Mittal, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.1. Post completion of pleadings, called upon to admit/deny the documents filed by the parties, execution of Ex.P-1 was admitted by the parties. It is the agreement to sell executed on November 18, 2006 by Arun Khanna (the seller/defendant) and Lakhbir Singh (the purchaser/plaintiff). Its second recital and the covenants read as under:And whereas the first party/Seller has agreed to sell the Entire Ist Floor without roof rights of property No.3, Road No.5, Punjabi Bagh Extn. New Delhi 110026, measuring :299. 15 sq.yds. to the second party/Purchaser, with well ...


Jul 23 2015

Jamna Datwani Vs. Kishin Datwani and Ors.

Court: Delhi

Decided on: Jul-23-2015

* HIGH COURT OF DELHI AT NEW DELHI + Cont. Cas. (C) No.652/2014 Decided on :23. d July, 2015 Petitioner JAMNA DATWANI Through: Ms. Tara V. Ganju, Advocate. Versus KISHIN DATWANI & ORS. Respondents CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.C.M. No.20444/2015 (for delay) 1. This is an application seeking condonation of 11 days delay in filing the review petition.2. I have heard the learned counsel. For the reasons stated in the application, the same is allowed and delay of 11 days in filing the appeal is condoned as sufficient cause has been shown.3. The application stands disposed of. Review Petition No.553/2014 1. This is a review petition filed by the petitioner against the order dated 24.9.2014 by virtue of which the petition seeking initiation of contempt proceedings against respondent No.1, Kishin Datwani was disallowed.2. If one reads the said order, three essential features are reflected. Firstly, that no case of wilful disobedience of the order dated 2.5.2014 passed b...


Jul 23 2015

Rafiq Vs. State

Court: Delhi

Decided on: Jul-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:07. 07.2015 Date of Decision:23. 07.2015 % + CRL.A.No.1505/2013 RAFIQ Through: ..... Appellant Mr. Pramod Kumar Dubey, Ms. Pinky Dubey, Mr. Shiv Chopra and Ms. Megha, Advs. versus STATE Through: ..... Respondent Ms. Aashaa Tiwari, APP with Inps. Arun Dev PS Amar Colony CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R. K. GAUBA R. K. GAUBA, J:1. By the impugned judgment passed on 01.05.2012 by the Additional Sessions Judge, South-East-01 in sessions case No.51/2008, arising out of FIR No.67/08 of Police Station Amar Colony (the police station, for short), the appellant was held guilty, as charged, for the offences under Sections 302 and 307 of Indian Penal Code, 1860 (IPC) on the gravamen of he having committed the murder of Sanjeev @ Mota @ Padha Likha (hereinafter referred to as the deceased) and having attempted to commit the murder of Munna Lal (the first informant of the case) on 26.02.2008 at about 10 PM beneath t...


Jul 23 2015

Avdesh Kumar Vs. The State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Jul-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :7. h JULY, 2015 DECIDED ON :23. d JULY, 2015 + CRL.A. 632/2003 AVDESH KUMAR Through : ..... Appellant Mr.Pankaj Gupta, Advocate for Mr.Paramjit, Advocate. versus THE STATE (GOVT. OF NCT OF DELHI) Through : ..... Respondent Mr.Navin K.Jha, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. This appeal is directed against a judgment dated 14.05.2003 of learned Addl. Sessions Judge in Sessions Case No.250/01 arising out of FIR No.159/01 PS Bawana by which the appellant Avdesh Kumar was convicted under Sections 366/376 IPC. By an order dated 16.05.2003, he was sentenced to undergo RI for seven years with fine ` 15,000/- under Section 376 IPC and RI for five years with fine ` 5,000/- under Section 366 IPC. Both the sentences were to operate concurrently.2. Briefly stated, the prosecution case as reflected in the charge- sheet was that on 04.05.2001 the appellant after kidnapping the prosecutrix X aged around thirteen years from th...


Jul 23 2015

Vimal Sharma and Anr. Vs. The Standing Counsel (Crl.) and Anr.

Court: Delhi

Decided on: Jul-23-2015

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:23. d July, 2015 + CRL.M.C. No.2063/2015 VIMAL SHARMA & ANR. Represented by: ..... Petitioners Mr. Anshul Mittal, Proxy Counsel. Versus THE STANDING COUNSEL (CRL.)& ANR. ..... Respondents Represented by: Ms.Kanika Agnihotri, Proxy Counsel with Mr. Ravi Nayak, Additional Public Prosecutor for the State with SI Sudhir Sharma, PS Sunlight Colony. 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.474/2007 registered at Police Station Sadar Bazar for the offences punishable under Sections 498A/406/34 IPC and the consequential proceedings emanating therefrom against the petitioners.2. Learned counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No.2, Smt. Noorie @ Nuri, consequent upon certa...


Jul 23 2015

Raj Nandan Sahni Vs. State

Court: Delhi

Decided on: Jul-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :14. 07.2015 Judgment delivered on :23. 07.2015 CRL.A. 906/2012 RAJ NANDAN SAHNI Through ..... Appellant Mr.Sumeet Verma and Mr. Amit Kala, Advocates. versus STATE ..... Respondent Through Mr.O.P.Saxena, APP for the State along with SI Rajiv Kumar. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 This appeal is directed against the impugned judgment and order of sentence dated 17.03.2012 wherein the appellant has been convicted under Section 20 (b) (ii) (C) of the Narcotic Drugs and Psychotropic Substances Act and has been sentenced to undergo for a period of 10 years and to pay a fine of Rs.1 lac, in default, to undergo SI for 6 months. 2 The version of the prosecution is that a secret information was received in police station Jaitpur at about 8.30 p.m. on 23.3.2010 to the effect that a person wearing a pink shirt would be coming from the side of Lohia Pul, Ali Vihar going towards Sourabh Vihar and would ...


Jul 23 2015

Sunita Takwal Vs. Sandeep Takwal

Court: Delhi

Decided on: Jul-23-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 698/2014 SUNITA TAKWAL Through ..... Petitioner Mr. Ravindra S. Garia, Advocate versus SANDEEP TAKWAL Through ..... Respondent Mr. K. Venkatraman and Mr. Sudhir Mathur, Advocates Reserved on :16. h July, 2015 Date of Decision:23. d July, 2015 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:1. Petitioner alleges non compliance of undertaking/settlement/statement dated 19th August, 2013 given before the MM Mahila Court, East Karkardooma Court whereby the respondent had agreed to deposit a sum of Rs. 5000/- per month by the 10th day of each month in a saving account for petitioners use and had assured to maintain the first party and their daughter.2. Learned counsel for the petitioner, through this contempt petition, claims that due to the additional needs with respect to necessities, survival, education and medical treatment of the petitioner and her daughter, they require at least Rs. 30,000/- per month.3. Furthermore...


Jul 22 2015

Gagan Kakkar Vs. Dharampal Chhabra

Court: Delhi

Decided on: Jul-22-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:3. d July, 2015 Judgment Delivered on:22. d July, 2015 % + FAO (OS) 323/2015 & CM No.11298/2015 (stay) GAGAN KAKKAR .... Appellant versus DHARAMPAL CHHABRA ..... Respondent Advocates who appeared in this case: For the Appellants : Mr Mohit Madan, Advocate. For the Respondent : Mr Ashish Mohan, Advocate. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J CM No.11299/2015 (exemption) Exemption is allowed subject to all just exceptions. FAO (OS) 323/2015 & CM No.11298/2015 (stay) 1. By this appeal, the appellant has impugned the order dated 20.04.2015 whereby the defence of the appellant has been struck out in terms of Order VI Rule 14A of the Code of Civil Procedure (hereinafter referred to as the Code). The respondent is the Plaintiff in the suit and the appellant is the defendant.2. The respondent/plaintiff had filed a suit against the defendant alleging the defendant ...


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