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Delhi Court October 2017 Judgments

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Oct 11 2017 (HC)

Nooruddin @ Noora vs.state

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. 10.2017 CRL.A. 704/2017 NOORUDDIN @ NOORA ..... Appellant Through Mr. Sumeet Verma and Mr. Aman Chaudhary, Advocates. versus STATE ..... Respondent Through Mr. Ravi Nayak, APP for State along with SI Ramesh Kumar, P.S. Sultan Puri. Inspector Rajeev Ranjan, P.S. New Usmanpur. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE NAJMI WAZIRI SIDDHARTH MRIDUL, J (ORAL) 1. In the present appeal, an application was instituted on behalf of the appellant under Sections 7 and 7A of the Juvenile Justice Act, 2000 (hereinafter referred to as the said Act) and the Juvenile Justice (Care and Protection of Children) Rules, 2007, (hereinafter referred to as the said Rules), praying for a direction that an ossification test be conducted on the appellant to determine his age at the time of commission of the offence; for which he had been convicted and sentenced, and to release him in the event he was determined to be a minor on th...

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Oct 11 2017 (HC)

Scindia Potteries & Services Pvt Ltd vs.scindia Investment Pvt Ltd

Court: Delhi

$~38. * + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 1119/2017 & CM No.36442/2017 (for stay). SCINDIA POTTERIES & SERVICES PVT LTD ........ Petitioner Through: Mr. Abhishek Singh, Mr. Prithvi Sidhu and Ms. Saloni Sharma, Advs. versus ..... Respondent SCINDIA INVESTMENT PVT LTD Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER1110.2017 CM No.36443/2017 (for exemption).1. 2. Allowed, subject to just exceptions. The application stands disposed of. CM(M) 1119/2017 & CM No.36442/2017 (for stay).3. This petition under Article 227 of the Constitution of India impugns the order (dated 7th July, 2017 in Suit No.90of the Court of Additional District Judge-05, South District, Saket Courts, New Delhi) allowing the application filed by the respondent / plaintiff under Section 65 of the Indian Evidence Act, 1872.4. The grievance of the petitioner / defendant is that though the petitioner / defendant cited the dicta of this Court in Prem Chandra Jain Vs. Sri Ram 2009 SCC OnLine ...

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Oct 11 2017 (HC)

Mahesh Singhal vs.bhupinder Narain Bhatnagar

Court: Delhi

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 10.2017 CS(OS) 354/2012 MAHESH SINGHAL Through versus ..... Plaintiff BHUPINDER NARAIN BHATNAGAR Through ..... Defendant : Mr. Jai Mohan, Advocate. Advocates who appeared in this case: For the... Petitioner For the Respondent CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : Mr. Sanjay Katyal with Mr. Rajesh Katyal and Mr. Sunil Bhatnagar, Advocates for defendant Nos.1 and 2 with defendant Nos.1 and 2 in person. JUDGMENT1110.2017 CS(OS) 354/2012 1. The plaintiff has filed the present suit seeking a decree of specific performance of Agreement to Sell and Purchase dated 08.08.2011 with regard to property bearing No.213, Dayanand Vihar, Delhi-110092 measuring 163 Sq. Yards.2. On 15.09.2017, the legal heirs of the deceased defendant had CS(OS) 354/2012 Page 1 of 3 made a statement that they are agreeable to transferring the property to the plaintiff in terms of the Agreement to Sell subject to the plaintiff making paym...

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Oct 11 2017 (HC)

Guddu Giri vs.state

Court: Delhi

$~4, 5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + AND + AND + Date of Decision: October 11, 2017 CRL.A. 141/2017 SURAJ GIRI ..... Appellant Through: Mr.Biswajit Kumar Patra, Advocate (DHCLSC) with appellant in person. versus STATE ..... Respondent Through: Ms.Kusum Dhalla, APP for the State with SI Satish Kumar, PS Aman Vihar. CRL.A. 565/2017 GUDDU GIRI ..... Appellant Through: Ms.Inderjeet Sidhu, Advocate (DHCLSC) with appellant from J/C. versus STATE ..... Respondent Through: Ms.Kusum Dhalla, APP for the State with SI Satish Kumar, PS Aman Vihar. CRL.A. 638/2017 DEVENDER PRASAD @ LAMBU ..... Appellant Through: Mr.Jatin Rajput, Advocate (DHCLSC) with Mr.Surya Nath Pandey, Advocate and appellant from J/C. versus CRL.A.Nos.141, 565 & 638 of 2017 Page 1 of 9 STATE ..... Respondent Through: Mr.Kewal Singh Ahuja, APP for the State with SI Satish Kumar, PS Aman Vihar. PRATIBHA RANI, J.(Oral) 1. These three appeals have been preferred by appellants Suraj Giri, Guddu Giri and Devender ...

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Oct 11 2017 (HC)

In the Matter of Deer Farms Private Limited (In Vol. Liqn.) Vs........ ...

Court: Delhi

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. h September 2017 Pronounced on:11. h October, 2017 CO.PET. 17/2017, CA No.96/2017, OLR No.248/2017 IN THE MATTER OF DEER FARMS PRIVATE LIMITED (IN VOL. LIQN.) ........ Petitioner Through : Mr.Anil Airi, Sr Advocate with and Airi L Ms.Bindiya Ms.Sukanaya Lal, Advocates. Mr.Kunal Sharma, Advocate for Official Liquidator. versus .... Through : None. ..... Respondent CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This petition is under section 497(6) of the Companies Act, 1956 (hereinafter as the Act) by the petitioner through the Official Liquidator for dissolution of Deer Farms Private Limited.2. The petitioner company was incorporated on 03.08.1992 vide Registration No-049805, under the provisions of the Act having corporate identity No.U74899DL1992PTC049805 with the Registrar of Companies, NCT of Delhi & Haryana with an CO.PET. No.17/2017 Page 1 of 6 authorized Share Capital of `1,00,00,000/- divided into 1,...

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Oct 11 2017 (HC)

Aseva Limited Liability Corporation vs.superficial Health and Spa Priv ...

Court: Delhi

$~19 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. 10.2017 O.M.P.(I) (COMM.) 208/2017 & I.A.No.7157/2017 ASEVA LIMITED LIABILITY CORPORATION ........ Petitioner Through Mr.D.N.Ray, Mr.Lokesh Kumar Choudhary and Mr.Dillip Kumar Nayak, Advs. versus SUPERFICIAL HEALTH AND SPA PRIVATE LIMITED & ORS. ........ RESPONDENTS Through Mr.Uday Pratap Singh and Mr.Akshit, Advocates for R-1. Mr.Kunal, Advocate for R-3. Mr.Rajiv K.Garg and Mr.Ashish Garg, Advocates for R-5. Ms.Zehra Khan, Advocate for R-6. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) 1. This petition is filed under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking an injunction to restrain respondents for seeking the following reliefs : A. Grant Injunction restraining Respondent No.1 from entering into Letters of Intent for sites at different locations without entering individual Sub- Franchisee Agreements (Tripartite Agreements) and without payme...

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Oct 11 2017 (HC)

Oriental Insurance Co. Ltd. Vs.vijay Rawat & Ors

Court: Delhi

$~ * % + MAC.APP. 187/2015 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. h October, 2017 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr. A.K. Soni, Advocate. versus VIJAY RAWAT & ORS ........ RESPONDENTS Through: Mr. Divij Kumar, Advocate for respondents No.1 and 2. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA ORDER The appellant has challenged the award dated 16th December, 2014 1. whereby compensation of Rs.16,50,000/- has been awarded to the parents of late Anirudh Rawat.2. The accident dated 24th February, 2008 resulted in the death of Anirudh Rawat. The deceased was aged 21 years and 5 months at the time of the accident and was survived by his parents who filed an application claiming compensation of Rs.98,00,000/-. The averments made by the claimants in the claim petition with respect to the educational qualifications, occupation and income of deceased are as under:-"(vi) That the deceased was a very intelligent and bright student who did his schooling from Sarda...

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Oct 11 2017 (HC)

Mir Abdul Hai &Anr vs.sanjeev Verma &Ors

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h October, 2017 C.R.P. 222/2017 & CM No.36507/2017 (for stay). MIR ABDUL HAI &ANR ........ Petitioners Through: Mr. Ashok Singh, Mr. R.K. Uppal and Mr. Jagvir Bhadana, Advs. versus ........ RESPONDENTS Through: None. SANJEEV VERMA &ORS CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No.36508/2017 (for exemption).1. 2. Allowed, subject to just exceptions. The application stands disposed of. C.R.P. 222/2017 & CM No.36507/2017 (for stay).3. This Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order (dated 24th July, 2017 in RCT No.of the Court of Rent Control Tribunal (Hqrs.), Tis Hazari Courts, Delhi) of dismissal of the appeal under Section 38 of the Delhi Rent Control Act, 1958 filed by the two petitioners against the order (dated 11th January, 2017 in E. No.4/(New No.78594/16) of the Court of Additional Rent Controller-02, Central District, Tis Hazari Courts, Delhi) of evicti...

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Oct 11 2017 (HC)

Rambir vs.state

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:23. d Septemebr, 2017 Date of Decision:11. h October, 2017 + CRL.A. 1316/2012 RAMBIR ..... Appellant Through Ms. Inderjeet Sidhu, Advocate STATE with appellant in custody. versus ..... Respondent Through Ms. Kusum Dhalla, APP for the State with Inspector Sanjeev Sharma & SI Ravinder Chandra PS Jafrabad. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI HON'BLE MS. JUSTICE REKHA PALLI JUDGMENT REKHA PALLI, J1 The Appellant-Rambir has impugned the judgment dated 19.07.2012 and the order on sentence dated 23.07.2012 passed by the learned Additional Sessions Judge, Karkardooma Courts, Delhi, whereby he has been convicted under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 1000/- and in default of payment of fine, to further undergo imprisonment for one year.2. According to the prosecution case, on the intervening night of 31.08.2010 and 01.09.2010, the Appellant strangulated his wife- Sua and intentionally caused...

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Oct 11 2017 (HC)

Sh Gaurav Agnihotri & Anr vs.sh Aftab Chadha & Anr

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : SEPTEMBER212017 DECIDED ON : OCTOBER11 2017 + CS(OS) 239/2016 & IA61812016 (u/O XXXIX R12 CPC) SH GAURAV AGNIHOTRI & ANR ..... Plaintiffs Through : Mr.Karnail Singh, Advocate. VERSUS SH AFTAB CHADHA & ANR ..... Defendants Through : Mr.Jai Bhagwan Dass, A.R. of defendant No.2 CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P GARG, J.1. The plaintiffs have filed the instant suit for partition, declaration, permanent and mandatory injunction against the defendants.2. Briefly stated the facts as pleaded in the plaint are that Gaurav Agnihotri (hereinafter plaintiff No.1) and Aftab Chadha (hereinafter defendant No.1) are brothers. Smt.Lakshima Chadha @ Lakshima Agnihotri (in short Lakshima) was previously married to Major Tilak Raj Chadha who expired on 14.12.1971. She, thereafter, married Tilak Raj Agnihotri (hereinafter plaintiff No.2) on 15.02.1975. Defendant No.1 was born out of the marriage of Lakshima with her previous CS(OS) 239/2016 P...

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