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Delhi Court December 2016 Judgments

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Dec 05 2016

Aabhas vs.state (Nct of Delhi)

Court: Delhi

Decided on: Dec-05-2016

* % + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI TEST.CAS. 77/2015 Decided on:05. 12.2016 AABHAS Through: Mr.Sunil Mund and Mr. Manoj alongwith ........ Petitioner Kumar, petitioner in person. Advocates Versus STATE (NCT OF DELHI) ..... Respondent Through: Mr.Vinod Kr.Goyal, Mr.Abhinav Singh and Mr.Prashant Tomar, Advocates CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT The petitioner has filed the present petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of Will dated 02.11.2009 of late Shri Rameshwar Dayal Sharma, S/o Pandit Ram Singh in respect of property bearing No.86, Unique Apartments, Plot No.2, Section 13, Rohini. It is submitted that Shri Rameshwar Dayal Sharma was a permanent resident of this property and his wife pre-deceased him on 18.01.1983. Shri Rameshwar Dayal Sharma during his life time executed a Will dated 02.11.2009 of his own free will and without any coercion and undue Test Cas.77/2015 Page 1 influence and that he was in his sou...


Dec 05 2016

Athar (Legal Heir of Lt. Ashraf Khan) vs.awadh Narayan

Court: Delhi

Decided on: Dec-05-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:05. 12.2016 RC.REV. 577/2016 $~A-48 * % + ATHAR (LEGAL HEIR OF LT. ASHRAF KHAN)........ Petitioner Through Mr.Santosh Pratap, Advocate. versus AWADH NARAYAN ..... Respondent Through CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) CM No.44875/2016 (exemption) Exemption is allowed subject to all just exceptions. RC.REV. 577/2016 and CM No.44876/2016 (stay) 1. The present revision petition is filed under Section 25(B) (8) of the Delhi Rent control Act, (hereinafter referred to as the DRC Act) to impugn the eviction order dated 03.06.2016 passed by the court of Additional Rent Controller (ARC) under Section 14(1)(e) of the DRC Act.2. The respondent filed the present eviction petition under Section 14(1)(e) of the DRC Act stating to be the owner and landlord of the premises bearing No.D-104, New Seelampur, Delhi 110053. The petitioner was said to be a tenant in respect of one shop on the ground floor let out sometime in R...


Dec 05 2016

Rahul Singh Bhadoria & Ors. Vs.life Insurance Corporation

Court: Delhi

Decided on: Dec-05-2016

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.3640/2016 & CM No.15564/2016 5th December, 2016 RAHUL SINGH BHADORIA & ORS. Through: versus LIFE INSURANCE CORPORATION OF INDIA LTD AND ANR. Through: None ........ Petitioners ........ RESPONDENTS Mr. Kamal Mehta, Advocate CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. No one appeared for the petitioners on the first call. No one has appeared for the petitioners even on the second call after pass over.2. By this writ petition, petitioners who are contractual employees with the respondent no.1, seek the relief of regularization of their services as Senior Marketing Executive (SMEs).3. The issue in the present case is fully covered against the petitioners in terms of the recent judgment delivered by this Court in a bunch of cases with the lead case Kumar Mayank Vs. Delhi Technological University & Another, WP(C) No.10368/2016 decided on 10th November, 2016. In Kumar Ma...


Dec 05 2016

Icici Insurance Company Ltd vs.mahender Singh and Ors

Court: Delhi

Decided on: Dec-05-2016

$~13, 15 & 21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 05, 2016 + MAC.APP. 1287/2012 & C.M.No.21001/2012 (i) (ii) + MAC.APP. 341/2013 (iii) + MAC.APP. 60/2014 ICICI INSURANCE COMPANY LTD ..... Appellant Through: Ms. Suman Bagga and Mr. Pankaj Gupta, Advocates versus (i) MAHENDER SINGH AND ORS (ii) MAHENDER SINGH AND ORS (iii) MANOJWATI AND ORS Through: Nemo .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT In the above-captioned three appeals, the challenge is to the common impugned Award of 8th May, 2012 vide which compensation has been granted to respondents-claimants while saddling appellant with the liability to pay the awarded compensation. In these appeals, recovery rights are sought qua driver and owner of the offending vehicle in question. The facts are not in dispute and so, needs no recapitulation. Suffice to note that in the unfortunate road accident on 10th June, 2007, respondents-claimants/couple had sustained MAC.APP. Nos...


Dec 05 2016

Zahida & Anr vs.state

Court: Delhi

Decided on: Dec-05-2016

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. No.2483/2016 Date of Decision:05. h December, 2016 ZAHIDA & ANR. ..... PETITIONERS Through Mr.Ajay Raj Singh, Adv. with Mr.Sabbir Ali, Adv. versus STATE ..... RESPONDENT Through Mr.Sudershan Joon, App for the State with SI Surendra Singh, PS Fatehpur Beri. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S. TEJI, J (Oral) 1. The present application under Section 438 of the Code of Criminal Procedure, has been filed by the applicants seeking anticipatory bail in a case arising out of FIR No.418/2016 registered under Sections 498A/304B/34 of the Indian Penal Code at Police Station Fatehpur Beri.2. As per the FIR lodged by the complainant, it was stated by her that she got her daughter Aarisha married with Saif Ali Khan. It was stated by the complainant that after the marriage, her daughter lived with her husband, mother-in-law Zahida and father- in-law Sahir Khan@Shahid Khan. It was further stated that at the Bail Application No.2483/2016 P...


Dec 05 2016

Japji Kaur vs.university of Delhi

Court: Delhi

Decided on: Dec-05-2016

$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:06. h October, 2016 Judgment delivered on:05. h December, 2016 + W.P.(C) 7109/2016 JAPJI KAUR UNIVERSITY OF DELHI versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner For the Respondent : Mr. Rakesh Khanna, Sr. Adv. with Mr. Vinod Kumar, Mr. Anirudh Tanwar and Mr.Aminesh Gaba, Advocates. : Mr. Mohinder J.S. Rupal, Mr. Kirant Singh and Ms. Simran Jeet, Advocates for DU. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.(ORAL) JUDGMENT1 The petitioner has filed the present petition seeking a direction to the respondents to allow the benefit of Sports Quota to the petitioner for her admission in MA (Economics) in the year 2016.2. The petitioner is a sport person engaged in the sport of Gymnastics. The petitioner qualified in BA (Hons) (Economics) from the Delhi University and secured 70.88% marks. W.P.(C) No.7109/2016 Page 1 of 26 3. The petitioner seeks admiss...


Dec 05 2016

Maneesh Kwatra vs.state (Nct of Delhi)

Court: Delhi

Decided on: Dec-05-2016

* % + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:05. 12.2016 TEST.CAS. 86/2013 MANEESH KWATRA ........ Petitioner Through: Mr.Arvind Kumar Gupta and Ms Alpana Malik, Advs. versus STATE (NCT OF DELHI) ..... Respondent Through: Mr.Rajat Malhotra, Adv for GNCTD CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT The petitioner has filed the present petition under Section 276 of the Indian Succession Act, 1925 for grant of Probate of Will dated 21.05.1984 of late Shri Roshan Lal Kwatra, S/o Shri Bhagat Ram Kwatra who died on 10.06.1983 in respect of half portion of property bearing No.15 U.B., Jawahar Nagar, Delhi. It is submitted that Shri Roshan Lal Kwatra was a citizen of India, however, he was residing at 273, Sukumvit 31 (Sawasdee), Alley, Khlong Tan Nuea Sub-District, Vadhana District, Bangkok Metroplis and was a permanent resident of 15 U.B., Jawahar Nagar, Delhi. He was the owner of half share of this property by virtue of Will dated 27.09.1980, executed by his late father ...


Dec 05 2016

Gurcharan Singh Chawala vs.ranjeet Kaur & Ors.

Court: Delhi

Decided on: Dec-05-2016

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:5. h December, 2016 CRL.M.C. 4226/2012 GURCHARAN SINGH CHAWALA Represented by: Mr. Debasis Misra, Adv. ........ Petitioner versus RANJEET KAUR & ORS. ..... Respondent Represented by: Mr. Ravi Nayak, APP. Mr. Ajay Bahl, Adv. for R-7&8. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. A criminal complaint was filed by the petitioner being CC No.752/1/1999 before the learned CMM seeking summoning of as many as 33 accused for offences punishable under Sections 448/320/420/467/468/471/506/120B/192/182 IPC. In the complaint, the petitioner claimed that he was in actual physical possession of property bearing Block No.10, House No.342, Sunder Vihar (in short the property) since 1984. He had purchased the said plot from Shri K.L. Bedi and thereafter raised super-structure thereon. He enclosed various documents to show his ownership and possession of the property. He claimed that Ranjeet Kaur, his mother who was a permanent...


Dec 05 2016

Mr. s.n.sahu vs.chairman, Rajya Sabha & Ors.

Court: Delhi

Decided on: Dec-05-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.11146/2016 & CM Nos. 43572-73/2016 * + % Mr. S.N.SAHU Reserved on:29. h November, 2016 Pronounced on:5. h December, 2016 Mr. Biswajit Das, Adv. ........ Petitioner Through: versus CHAIRMAN, RAJYA SABHA & ORS. ........ RESPONDENTS Through: Ms. Zubeda Begum and Ms. Sana Ansari, Advocates for R-1 and R-2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. When the present writ petition filed under Article 226 of the Constitution of India came up for admission for the first time on 25.11.2016, it was found that the present writ petition is the sixth writ petition filed by the petitioner which was effectively against the same main respondent being his employer, the Rajya Sabha Secretariat. Accordingly, the following order was passed on 25.11.2016 for calling of the files of the five earlier writ petitions: W.P. (C) No.11146/2016 Page 1 of 24 1. This writ petition as per para 1 of t...


Dec 05 2016

Umesh Kumar vs.state (Nct of Delhi)

Court: Delhi

Decided on: Dec-05-2016

$~2 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and Order : December 05, 2016 BAIL APPLN. 2418/2016 UMESH KUMAR ........ Petitioner Through: Mr. Chirag Mudgal, Mr. Abhinav Tyagi, Advocates versus STATE (NCT OF DELHI) ..... Respondent Through: Mr. M.S. Oberoi, Additional Public Prosecutor for the State, with Sub- Inspector Dinesh, Police Station Ranhola, Delhi. CORAM: HON'BLE MR. JUSTICE P.S.TEJI ORDER0512.2016 % P.S. TEJI, J.(ORAL) 1. By this application filed under Section 438 of Cr. P.C., the petitioner seeks anticipatory bail in a case registered vide FIR No.0286/2016 under Section 354-D/509 of IPC and Section 12 of POCSO Act, at Police Station Ranhola, Delhi.2. The present case is registered on the complaint of one Ajay Jaiswal, stating therein that the petitioner had molested and hurled filthy language to his daughter Jhanvi (aged 7 years). Bail. Appln. No.2418/2016 Page 1 of 4 3. The petitioner has applied for anticipatory bail which was rejected by learned Additi...


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