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Delhi Court December 2016 Judgments

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Dec 15 2016

Rajesh & Ors. Vs.state

Court: Delhi

Decided on: Dec-15-2016

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No.763/2000 Date of Decision : December 15th, 2016 RAJESH & ORS. Through Mr.M.L. Yadav, Adv. ..... PETITIONERS versus STATE Through Mr.Sudershan Joon, APP for the ..... RESPONDENT State. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J1 Aggrieved by the judgment of conviction dated 21.11.2000 convicting the appellants, namely, Rajesh, Ganesh and Shiv Lata finding them guilty under Sections 498-A/304B IPC and order on sentence dated 22.11.2000 vide which the appellants were sentenced to undergo seven years rigorous imprisonment for the offence under Section 304B IPC and also to undergo three years rigorous imprisonment with fine of Rs.25,000/- each for the offence under Section 498A IPC, in default of payment of fine they are ordered to further undergo simple imprisonment for six months, the present appeal has been preferred..2. The factual matrix emerges from the record is that on Crl.A. No.763/2000 Page 1 of 15 20.03.1997 at about 10.5...


Dec 15 2016

Pramila vs.state & Ors

Court: Delhi

Decided on: Dec-15-2016

$~24 & 33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (CRL.) 2825/2016 Judgment Dated:15. h December, 2016 INDERWATI Through Mr.Tejpal Shokeen, Advocate ........ Petitioner versus STATE & ORS Through Mr.Siddharth Yadav, Advocate from ........ RESPONDENTS Delhi High Court Legal Services Committee. Insp. Lokender Singh, PS Malviya Nagar & Insp. B.S.Gulia, PS Palam Village, in person. Mr.Nitendra Sharma, Advocate for respondent No.4. + W.P. (CRL.) 2757/2016 PRAMILA Through Mr.Nitendra Sharma, Advocate ........ Petitioner versus STATE & ORS Through Mr.R.S.Kundu, ASC with Mr.Ankit ........ RESPONDENTS Kr. Gulia, Advocate for the State along with Insp. Lokender Singh, PS Malviya Nagar & Insp. B.S.Gulia, PS Palam Village, in person. Mr.Tejpal Shokeen, Advocate for respondents No.5 & 6. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL W.P. (Crl.) Nos.2825/2016 & 2757/2016 Page 1 of 3 G.S.SISTANI, J (ORAL) 1. Writ Petition (Crl.) 2825/2016 has been instituted by the si...


Dec 15 2016

Kangra Adarsh Co. Operative Group Housing Society vs.delhi Co. Operati ...

Court: Delhi

Decided on: Dec-15-2016

$~29. * + IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION (CIVIL) No.11738/2016 Date of decision:15. h December, 2016 KANGRA ADARSH CO. OPERATIVE GROUP HOUSING SOCIETY Through Ms. Prema Priyadarshini, Advocate. ........ Petitioner versus DELHI CO. OPERATIVE TRIBUNAL & ORS. Through Nemo. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL): Kangra Adarsh Cooperative Group Housing Society in this writ petition impugns the order dated 26th October, 2016 passed by the Delhi Cooperative Tribunal affirming the decision of the Registrar, Cooperative Societies dated 10th August, 2015.2. The dispute pertains to expulsion and cancellation of membership of Gautam Sharma by the petitioner Society, approval for which was not granted by the Registrar, Cooperative Societies.3. The contention of the petitioner Society is that the respondent- Gautam Sharma had acquired membership by making false assertion in his affidavit filed ...


Dec 15 2016

smt.neerja Sharma vs.sh.sameer Jain

Court: Delhi

Decided on: Dec-15-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: December 15, 2016 $~A-4 * % + RC REV.150/2016, CM Nos.8072/2016 & 43550/2016 Through Ms.Shalini Kapoor, Adv. PETITIONER SMT.NEERJA SHARMA Versus SH.SAMEER JAIN CORAM: HON'BLE MR. JUSTICE JAYANT NATH Through Mr.Sandeep P.Aggarwal, Adv. RESPONDENT JAYANT NATH, J.(ORAL) 1. This Revision Petition is filed under section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) seeking to impugn the order of eviction dated 24.9.2015 passed by the Additional Rent Controller (hereinafter referred to as the ARC) under section 14(1)(e) of the DRC Act. The respondent/landlord filed the present Eviction Petition regarding the premises comprising of two rooms, one kitchen, one bath, separate latrine on the first floor of the building Ward No.XI, Ansari Road, Darya Ganj, New Delhi-110002. The premises were let out to late Shri Lalit Mohan Sharma by way of a rent note dated 31.5.1986 on the agreed rent of Rs.165/- per...


Dec 15 2016

Buddhi Vidhatajan Kalyan Samiti vs.union of India & Anr

Court: Delhi

Decided on: Dec-15-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: November 30, 2016 Judgment delivered on: December 15, 2016 + W.P.(C) 10099/2016 & CM399832016 BUDDHI VIDHATAJAN KALYAN SAMITI ........ Petitioner Through: Mr. Joginder Sukhija and Mr. Nikunj Saluja, Advs. versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Mr. Rajesh Gogna, CGSC with Ms. L. Gangmei, Adv. for R1/UOI. Mr. Kundan Kr. Mishra, Mr. Ajay Kumar and Mr. Ashutosh Mishra, Advs. for R2. + W.P.(C) 10129/2016 & CM No.40121/2016 MAA TRIMUKHA SIKSHA PRASAR SAMITI KHARIPURA, MEHGAOUN ........ Petitioner Through: Mr. Joginder Sukhija and Mr. Nikunj Saluja, Advs. versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Mr. Rajesh Gogna, CGSC with Ms. L. Gangmei, Adv. for R1/UOI. Mr. Kundan Kr. Mishra, Mr. Ajay Kumar and Mr. Ashutosh Mishra, Advs. for R2. W.P.(C) 10099/2016 and connected matter Page 1 of 52 CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 As the issues involved in both these writ pe...


Dec 15 2016

Abhijeet Ferrotech Limited vs.union of India & Ors

Court: Delhi

Decided on: Dec-15-2016

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5485/2016 & CM228462016 1. ABHIJEET FERROTECH LIMITED Through : Mr. Sandeep Bajaj, Advocate ........ Petitioner versus UNION OF INDIA & ORS ........ RESPONDENTS Through : Mr. Sumant Bhushan, Adv. for R-1. Mr. K.S. Parihar, Advocate for R-2. Mr. B.K. Tamber with Mr. Sanjay Bhatt, Advocate for R-3 & 9. Mr. Sarfaraz Khan, Advocate for R-4. Ms. Asmita Kumar, Advocate for R-6. Mr. Bhupender Singh, Advocate for R-7. Ms. Arti Singh, Advocate for R-8. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % On a perusal of the memo of parties, it transpires that except for the ORDER1512.2016 respondent No.1/UOI that has been impleaded through the Ministry of Finance at New Delhi, all the respondents and even the petitioner are based in Mumbai/Kolkata/Chennai/Ahmadabad. In such circumstances, it has been enquired from learned counsel for the petitioner as to why has the present petition been filed in Delhi, with a specific averment made in para 83 of the w...


Dec 15 2016

Manju Vats & Ors. Vs.meena Pandey

Court: Delhi

Decided on: Dec-15-2016

$~17 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :15. 12.2016 CS(OS) 1281/2015 MANJU VATS & ORS. ..... Plaintiffs Through: Mr.Ankit Jain and Mr.Sarvesh Rai, Advocates MEENA PANDEY versus ..... Defendant Through: Ms.Sukhda Dhamija and Mr.S.K.Rout, Advocates CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT (ORAL) I.A.6448/2016 (u/O6R17CPC) The case of the plaintiffs is that the predecessors of the plaintiffs and the defendant were real sisters and they jointly purchased the property bearing no.F-45, Bali Nagar, New Delhi by virtue of a sale deed dated 11.07.1960. Thereafter they executed two separate Wills dated 16.04.1981 bequeathing their portions in the said property to the plaintiffs and the defendant, their legal heirs who had become joint owners of the share in the suit property after the demise of sisters/predecessors. On these grounds, the plaintiffs had sought partition of the suit property. The suit was contested by the defendant. In the written statement fil...


Dec 15 2016

s.n. Santosh Kumar vs.m/s Akshya Textiles Ltd. And Ors.

Court: Delhi

Decided on: Dec-15-2016

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P. (C) 4479/2016 Date of decision:15th December, 2016 S.N. SANTOSH KUMAR ........ Petitioner Through Ms. Meera Kaur Patel, Advocate. versus M/S AKSHYA TEXTILES LTD. AND ORS. ....... RESPONDENTS Through Ms. Maneesha Dhir & Ms. Saloni Chowdhry, Advocates for respondent No.1. Mr. Bhupender Singh, Advocate for Mr. Brijesh Kumar Tamber, Advocate for respondent No.2. CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA INDIRA BANERJEE, J (ORAL) ORDER1512.2016 In this writ petition, the writ petitioner has challenged an order dated 30th September, 2014 of the Board for Industrial and Financial Reconstruction constituted under the Sick Industrial Companies (Special Provisions) Act, 1986, hereinafter referred to as the SICA and an order dated 8th January 2016 passed by the Appellate Authority for Industrial Financial Reconstruction dismissing an appeal from the said order. By the order impugned, the BIFR found that ...


Dec 15 2016

Anil Kumar Bakshi vs.satvir and Anr

Court: Delhi

Decided on: Dec-15-2016

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :15. h DECEMBER, 2016 + CRL.M.C. 1968/2016 & CRL.M.A.No.83ANIL KUMAR BAKSHI ........ Petitioner SATVIR AND ANR Through :... Petitioner in person. versus Through : Ms.Manjeet Arya, APP for R2. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(Oral) 1. Present petition under Section 482 Cr.P.C. has been filed by the petitioner to challenge the legality and correctness of an order dated 04.05.2016 of learned Metropolitan Magistrate whereby application under Section 145(2) of Negotiable Instruments Act moved by the respondent No.1 was allowed and the case was treated as summons trial case. The petition was initially contested by the respondent No.1 and reply to it was filed. Subsequently, none appeared on behalf of the respondent No.1.2. I have heard the petitioner and have examined the file. The respondent No.1 is facing trial under Section 138 Negotiable Instruments Act. Application under Section 145(2) Negotia...


Dec 15 2016

Sravanthi Infratech Private Limited vs.tricolite Electrical Industries ...

Court: Delhi

Decided on: Dec-15-2016

ARB.P. 94/2016 IN THE HIGH COURT OF DELHI AT NEW DELHI SRAVANTHI INFRATECH PRIVATE LIMITED ........ Petitioner Through: Mr. Piyush Joshi, Ms. Maulishree Gupta Ms. Preksha Dagar, Advocates. $~ * 4. + % 1. This petition under Section 11(6) of the Arbitration & Conciliation Act, TRICOLITE ELECTRICAL INDUSTRIES LIMITED..... Respondent Through: Mr. Salil Sagar, Senior Advocate with Mr. Ruchin Midha, Mr. Sankalp Sagar, Mr. IGGU Chittiappa, Advocates. CORAM: JUSTICE S.MURALIDHAR ORDER1512.2016 versus 1996 (Act) by Sravanthi Infratech Pvt. Ltd. (SIPL) seeks reference of the dispute it has with the Respondent Tricolite Electrical Industries Ltd. (TEIL) arising out of the two purchase orders dated 14th September 2011 and 18th October 2011 along with their respective amendments.2. It is not in dispute that there exists an arbitration clause in the terms and conditions governing the said purchase orders which reads as under: Arbitration shall be in accordance with Arbitration and Conciliation Act ...


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