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Delhi Court December 2016 Judgments

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Dec 09 2016

Meera Giri vs.state ( Nct of Delhi) & Ors

Court: Delhi

Decided on: Dec-09-2016

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI MEERA GIRI Decided on:9. h December, 2016 CRL.M.C. 2565/2015 Represented by: Mr. Yogesh Swroop, Mr. S.P. ........ Petitioner versus STATE ( NCT OF DELHI) & ORS Rana, Advs. ..... Respondent Represented by: Ms. Meenakshi Chauhan, APP. Mr. S.A. Rajpur, Adv. for R-2 to 8. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) Crl.M.A. 9109/2015 For the reasons stated in the application delay of 23 days in refiling the petition is condoned. Application is disposed of. CRL.M.C. 2565/2015 1. The petitioner filed a complaint case being CC No.657/4/11 before the learned Metropolitan Magistrate seeking summoning of the respondents under Sections 376/452/323/504/506/34/120B IPC against 8 accused wherein they were summoned vide order dated 21st October, 2013 after evidence was led by the petitioner and two other witnesses including her daughter. In the deposition before the Court, the daughter of the petitioner stated that on 29th May, 2011 at ab...


Dec 09 2016

M/S Shriram Pistons & Rings Ltd vs.rachna Dewan

Court: Delhi

Decided on: Dec-09-2016

$~26 * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI RFA4652015 M/S SHRIRAM PISTONS & RINGS LTD Through : Mr. Jayant K. Mehta, Advocate ..... Appellant versus RACHNA DEWAN ..... Respondent Through :Mr. N.K. Choudhary, Advocate with Capt. R.N. Dewan, Attorney of the respondent in person. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % Pursuant to the parties being referred to the Delhi High Court ORDER0912.2016 Mediation and Conciliation Centre, a Settlement Agreement dated 8.12.2016 has been placed on record.2. The Court has perused the Settlement Agreement. The terms and conditions of the settlement are set out in para 6 thereof. The Settlement Agreement has been signed by the authorized representative of the appellant and the father of the respondent in whose favour a power of attorney has been executed by the respondent. Enclosed with the Settlement Agreement are the copies of the power of attorney, on behalf of the appellant company, executed in favour of the signatory to the Settlement Agr...


Dec 09 2016

Kannu vs.national Insurance Co. Ltd.

Court: Delhi

Decided on: Dec-09-2016

* (i) IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: December 09, 2016 + MAC. APP3242016 KIRAN Through: Mr.Naresh Gupta, Advocate ..... Appellant Versus NATIONAL INSURANCE CO. LTD. & ORS. ........ RESPONDENTS Through: Mr. Sanjay Kumar Dubey & Ms. Suchi Singh, Advocates (ii) + MAC. APP3942016 KANNU Through: Mr.Naresh Gupta, Advocate ..... Appellant Versus NATIONAL INSURANCE CO. LTD. ..... Respondent Through: Mr. Sanjay Kumar Dubey & Ms. Suchi Singh, Advocates (iii) + MAC. APP9152016 RAVINDRA KUMAR SHUKLA & ORS. ..... Appellants Through: Mr.Naresh Gupta, Advocate Versus NATIONAL INSURANCE CO. LTD. ..... Respondent Through: Mr. Sanjay Kumar Dubey & Ms. Suchi Singh, Advocates MAC.APP.324, 394 & 915 of 2016 MAC.APP.940, 949 & 952 of 2015 Page 1 of 11 (iv) + MAC. APP9402015 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sanjay Kumar Dubey & Ms. Suchi Singh, Advocates (v) KIRAN & ORS. Versus Through: Mr.Naresh Gupta, Advocate ........ RESPONDENTS + MAC. APP9492015 & C.M.N...


Dec 09 2016

Nirmal Jain and Ors. Vs.ahuja Impex Pvt. Ltd. & Ors.

Court: Delhi

Decided on: Dec-09-2016

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h December, 2016 FAO(OS) 202/2016 & CM No.25105/2016 NIRMAL JAIN AND ORS. ...... Appellants Through: Mr.P.V. Kapur, Sr.Adv. with Mr.Ankit Jain, Mr. Sidhant Kapur, Mr. V.K.Nagrath and Ms. Pratibha Sridhar, Advs. versus AHUJA IMPEX PVT. LTD. & ORS. ........ RESPONDENTS Through: Mr. Anil Sapra, Sr.Adv. with Mr. Rakesh Malhotra, Mr. Lavnish Kumar, Ms. Piyusha Singh and Ms. Rupali Kapoor, Advocates for respondent No.1. Mr. Abhijat with Mr. Nikhil Parikshit, Advocates for respondents 2,3,5 and 6. CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA JUDGMENT INDIRA BANERJEE, J.1. This appeal is against a judgment and order dated 26.4.2016 passed by the learned Single Judge, in the application being I.A. 261 of 2016, under Order XXII Rule 4 (wrongly mentioned as Order XXII Rule 3 of the Civil Procedure Code for substitution of the Appellants as Defendants in the suit being C.S. (O.S.) 2017 of 2015 ...


Dec 09 2016

Shahrukh @ Salman @ Mota vs.the State (Govt. Of Nct) Delhi

Court: Delhi

Decided on: Dec-09-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI * + RESERVED ON :7. h NOVEMBER, 2016 DECIDED ON :9. h DECEMBER, 2016 CRL.A.552/2016 SHAHRUKH @ SALMAN @ MOTA Through : None. versus THE STATE (GOVT. OF NCT) DELHI CORAM: HON'BLE MR. JUSTICE S.P.GARG ..... Appellant ..... Respondent Through : Ms.Meenakshi Dahiya, APP. S.P.GARG, J.1. Aggrieved by a judgment dated 16.05.2015 of learned Addl. Sessions Judge in Sessions Case No.62/2014 arising out of FIR No.2PS Seelampur whereby the appellant Shahrukh @ Salman @ Mota was held guilty for committing offences punishable under SectionsIPC, the instant appeal has been preferred by him. By an order dated 18.05.2015, he was sentenced to undergo RI for five years with fine `2,000/- under Section 392 IPC and RI for three years with fine of `1,000/- under Section 411 IPC. Both the sentences were to operate concurrently.2. Briefly stated, the prosecution case as reflected in the charge- sheet was that on 02.07.2011 at around 9.45 P.M. at G.T. Road, near Dharamp...


Dec 09 2016

National Insurance Co. Ltd. Vs.ravindra Kumar Shukla & Ors.

Court: Delhi

Decided on: Dec-09-2016

* (i) IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: December 09, 2016 + MAC. APP3242016 KIRAN Through: Mr.Naresh Gupta, Advocate ..... Appellant Versus NATIONAL INSURANCE CO. LTD. & ORS. ........ RESPONDENTS Through: Mr. Sanjay Kumar Dubey & Ms. Suchi Singh, Advocates (ii) + MAC. APP3942016 KANNU Through: Mr.Naresh Gupta, Advocate ..... Appellant Versus NATIONAL INSURANCE CO. LTD. ..... Respondent Through: Mr. Sanjay Kumar Dubey & Ms. Suchi Singh, Advocates (iii) + MAC. APP9152016 RAVINDRA KUMAR SHUKLA & ORS. ..... Appellants Through: Mr.Naresh Gupta, Advocate Versus NATIONAL INSURANCE CO. LTD. ..... Respondent Through: Mr. Sanjay Kumar Dubey & Ms. Suchi Singh, Advocates MAC.APP.324, 394 & 915 of 2016 MAC.APP.940, 949 & 952 of 2015 Page 1 of 11 (iv) + MAC. APP9402015 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sanjay Kumar Dubey & Ms. Suchi Singh, Advocates (v) KIRAN & ORS. Versus Through: Mr.Naresh Gupta, Advocate ........ RESPONDENTS + MAC. APP9492015 & C.M.N...


Dec 09 2016

Sandeep Kohli & Anr vs.vinod Kohli & Ors.

Court: Delhi

Decided on: Dec-09-2016

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h December, 2016. CS(OS) No.42/2016 & IAs No.1486/2016 (u/O39R-1&2 CPC), 10450/2016 (u/O39R-2A CPC), 13837/2016 (u/O12R-6 CPC) & 15306/2016 (for condonation of 9 days delay in filing replication) SANDEEP KOHLI & ANR ..... Plaintiff Through: Mr. Aaditya Vijaykumar and Ms. Rupam, Advs. Versus VINOD KOHLI & ORS. ..... Defendants Through: Mr. Molvi Ajaj Hussain, Adv. for D-1. Mr. Tusar Singh, Adv. for D-2&3. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW The two plaintiffs namely Mr. Sandeep Kohli and Mr. Sheetal Kohli 1. being the sons of late Sh. S.C. Kohli have filed this suit for partition of Shop No.81 situated in Central Market, Lajpat Nagar, New Delhi and for permanent injunction restraining the defendant No.1 Mr. Vinod Kohli from alienating, encumbering, mortgaging or creating any third party rights therein. The defendants No.2&3 Smt. Namrata Wahi and Smt. Shikha Nischal are the sisters of the two plaintiffs, being da...


Dec 09 2016

Manoj Kumar Mishra vs.cbi

Court: Delhi

Decided on: Dec-09-2016

$~72. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1177/2016 MANOJ KUMAR MISHRA ..... Appellant Through: Mr. Hemant Kumar, Advocate CBI versus Through: Mr. Narender Mann, SPP ..... Respondent CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI % ORDER0912.2016 Crl. M.A. No.19235/2016 Exemption allowed, subject to all just exceptions. The application stands disposed of. CRL.A. 1177/2016 Admit. The TCR be requisitioned before the next date. List the appeal for hearing on 15.03.2017. Crl. M.B. No.2179/2016 1. Issue notice. Mr. Mann accepts notice. I have heard learned counsel for the appellant as well as counsel for the respondent/ CBI and proceed to dispose of this application.2. The appellant has preferred this application to seek the suspension of sentence and grant of bail. The appellant stands convicted u/s 419 IPC and u/s 13(2) read with section 13(1)(d) of the Prevention of Corruption Act (PC Act) by the impugned judgment dated 05.11.2016 passed in CC No.1572/105 by Sh. M.K. Nagpal, the ...


Dec 09 2016

Raj Kishan & Co. Vs.engineering Projects India Ltd.

Court: Delhi

Decided on: Dec-09-2016

$~30 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 551/2016 RAJ KISHAN & CO. ........ Petitioner Through: Mr Arnav Kumar, Advocate. versus ENGINEERING PROJECTS INDIA LTD. Through ..... Respondent CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER0912.2016 VIBHU BAKHRU,J IA Nos.15335-36/2016 1. Allowed, subject to all just exceptions.2. The applications stand disposed of. O.M.P. (COMM) 551/2016 3. The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) impugning an arbitral award dated 02.05.2016 (hereafter the impugned award) passed by the Sole Arbitrator, Justice S.K. Mahajan (Retired).4. Certain disputes arose between the parties with respect to the Work Order dated 25.02.1997 placed by the respondent on the petitioner for construction of Group Housing Flats. The said disputes were referred to arbitration, which eventually lead to the making and publication of the O.M.P. (COMM) 551/2016 Page 1 of 7 impu...


Dec 09 2016

M/S Cosmos Infra Engineering (I) Ltd & Ors vs.m/s Tirupati Buildings & ...

Court: Delhi

Decided on: Dec-09-2016

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h December, 2016. CS(COMM) 9/2016 & IAs No.14374/2016 (u/O7R-14 CPC) & 14376/2016 (u/O16R-1(2) CPC) M/S COSMOS INFRA ENGINEERING (I) LTD & ORS Through: Ms. Nandita Abrol, Adv. .....Plaintiffs Versus ..... Defendants M/S TIRUPATI BUILDINGS & OFFICES (P) LTD & ORS Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiffs M/s Cosmos Infra Engineering (I) Ltd., Mrs. Kavita Mittal and Ms. Megha Mittal instituted this suit (i) for recovery of Rs.2,41,14,000/- with interest; (ii) for mandatory injunction directing the defendant No.1 M/s Tirupati Buildings & Offices (P) Ltd. (TBOPL) to not accept any license fee in respect of suit property; (iii) for mandatory injunction to direct defendants No.5&6 M/s Krishna Store and Mr. Saurabh Saini, partner M/s Krishna Store to pay license fee in respect of suit property to the plaintiffs; (iv) for permanent injunction to restrain the defendant No.1 TBOPL from accepting ...


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