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Delhi Court March 2017 Judgments

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Mar 31 2017

State vs.kamruddin Alam

Court: Delhi

Decided on: Mar-31-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + DECIDED ON :31. t MARCH, 2017 CRL.A.29/2015 ..... Appellant Through : Mr.Amit Gupta, APP. VERSUS STATE KAMRUDDIN ALAM ..... Respondent Through : Mr.Kunal Prakash, Amicus Curiae. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(Oral) 1. The instant appeal has been preferred by the State to challenge the legality and correctness of a judgment dated 24.09.2012 of learned Addl. Sessions Judge in Sessions Case No.24/2011 arising out of FIR No.238/2009 PS Welcome whereby the respondent - Kamruddin Alam was acquitted of the charge under Section 376(2)(f) IPC.2. Briefly stated, the prosecution case as set up in the charge-sheet was that on 14.11.2009 at around 11.00 a.m. an information was received at Police Control Room that a child was lying unconscious in MCD Park near railway line Vivek Vihar, Delhi. PCR officials on duty at red light Surya Nagar, Delhi rushed to the spot, lifted the female child aged around 4 years and noticed that blood was ...


Mar 31 2017

Virbhadra Singh & Anr. Vs.central Bureau of Investigation & Ors.

Court: Delhi

Decided on: Mar-31-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(CRL) Judgment reserved on:15. 12.2016 Judgment delivered on:31. 03.2017 2757/2015 and CRL.M.A. 17536-17538/2015, 3396/2016 & 3806/2016 VIRBHADRA SINGH & ANR. ........ Petitioners Through: Mr. Kabil Sibal, Sr. Adv., Mr. Dayan Krishnan, Sr. Adv. with Mr. Parmatma Singh, Mr. Mayank Jain, Mr. Madhur Jain & Ms. Manvi Priya Advocate Versus CENTRAL BUREAU OF INVESTIGATION & ORS. ........ RESPONDENTS Through: Mr. P.S. Patwalia, ASG along with Mr. Sanjeev Bhandari, Special Public Prosecutor for CBI. Mr. Shrawan Dogra, Advocate General, H.P., Mr. Virendera Chauhan, Addl. A.G., H.P. & Mr. D.K. Thakur, Dy. A.G., H.P. for Respondent No.2/ State of Himachal Pradesh CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI JUDGMENT W.P.(CRL) 2757/2015 Page 1 of 133 VIPIN SANGHI, J.1. The petitioners have preferred the present writ petition to seek a writ of certiorari quashing the Regular Case RC AC-1 2015 A-0004 registered against them and two others under Section...


Mar 31 2017

Sunil Kumar Sharma & Anr vs.navneet Gupta

Court: Delhi

Decided on: Mar-31-2017

* + $~4 IN THE HIGH COURT OF DELHI AT NEW DELHI RFA5052016 & CM268242016 SUNIL KUMAR SHARMA & ANR ..... Appellants Through : Ms. Aastha Dhawan, proxy counsel versus NAVNEET GUPTA ..... Respondent Through : Mr. Puneet S. Dhir, proxy counsel with respondent in person. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER3103.2017 CM115822017 (by the appellants u/O XXIII r/w Sec.151 CPC) The present application has been filed by the appellants stating inter 1. alia that the parties have arrived at a settlement before the Delhi High Court Mediation & Conciliation Centre on 10.3.2017, whereunder they have agreed to pay a sum of Rs.5.00 lacs to the respondent after the FDR prepared in the name of the Registrar General and deposited in the Registry, is released in their favour.2. The respondent, who appears in person, confirms the fact that he has arrived at a settlement with the appellants before the Delhi High Court Mediation & Conciliation Centre, and he has given a no objection to the appellants ...


Mar 30 2017

Feedback Brisa Highways Omt Private Limited vs.bhubaneshwar Expressway ...

Court: Delhi

Decided on: Mar-30-2017

$~ * 32 + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P.(I) (COMM.) 143/2017 FEEDBACK BRISA HIGHWAYS OMT PRIVATE LIMITED ........ Petitioner Through: Mr. Rajiv Nayar, Senior Advocate with Ms. Misha, Mr. Raghav Gupta, Ms. Sanjana Sharma and Mr. Y. Mittal, Advocates. versus BHUBANESHWAR EXPRESSWAYS PRIVATE LIMITED & ANR. Through: Dr. Amit George with Mr. Neeraj Kumar, Advocates for R-1. ........ RESPONDENTS CORAM: JUSTICE S. MURALIDHAR ORDER3003.2017 % IA Nos. 4060 & 4061/2017 (for exemptions) 1. Allowed, subject to all just exceptions. OMP (I) (COMM) 143/2017 2. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (Act) by Feedback Brisa Highways OMT Private Ltd., seeking an interim order restraining Respondent No.1, Bhubaneshwar Expressways Private Limited, from encashing two Performance Bank Guarantees (PBGs) dated 22nd September, 2015 for sums of Rs. 36,24,606 and Rs. 1,25,00,000 respectively. OMP (I) (COMM) 143/2017 Page 1 of 10 3. The facts in brief are ...


Mar 30 2017

Aas Mohammad vs.state

Court: Delhi

Decided on: Mar-30-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : March 30, 2017 * + CRL.A. 599/2001 AAS MOHAMMAD Through: Mr. Bharat Mr.Akshay Bhatia, Advocates ..... Appellant Bhatia, Bhushan STATE + CRL.A. 824/2001 BALMAT versus ..... Respondent Through: Mr. Panna Lal Sharma, Additional Public Prosecutor for the State Through: Mr. Varinder Kumar Ms.Suman Rani, Advocates ..... Appellant Sharma, versus N.C.T. OFDELHI ..... Respondent Through: Mr. Panna Lal Sharma, Additional Public Prosecutor for the State CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.JUDGMENT1 By way of separate appeals, the appellants seek to challenge the judgment of conviction and order on sentence dated 09.08.2001, Crl. A. No.599/2001 & 824/2001 Page 1 of 14 whereby the appellants have been held guilty for the offence punishable under Section 3of IPC and they have been sentenced to undergo rigorous imprisonment for a period of three years each with fine of Rs.2000/- each and in default, they were ordered to furt...


Mar 30 2017

Sofyan vs.state

Court: Delhi

Decided on: Mar-30-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON: MARCH27 2017 DECIDED ON : MARCH30 2017 CRL.A. 166/2016 Through : Mr.Jitendra Bharti with Mr.Naushad ..... Appellant Alam, Advocates. VERSUS SOFYAN + Through : Mr.Amit Gupta, APP. STATE CORAM: HON'BLE MR. JUSTICE S.P.GARG ..... Respondent S.P.GARG, J.1. Challenge in this appeal is a judgment dated 10.12.2015 of learned Addl. Sessions Judge in Sessions Case No.176/2014 arising out of FIR No.756/2014 PS Prashant Vihar whereby the appellant-Sofyan was convicted for committing offences punishable under Section 10 of POCSO Act and Section 354 IPC. By an order dated 15.12.2015, he was sentenced to undergo Rigorous Imprisonment for five years with fine `5,000/- under Section 10 POCSO Act and Rigorous Imprisonment for five years with fine `5,000/- under Section 354 IPC. The sentences were to operate concurrently.2. Briefly stated, the prosecution case as reflected in the charge- sheet was that on 02.07.2014 in the evening, at the changin...


Mar 30 2017

A. Meenakshi Chandela A. Vs.state Election Commissioner and Ors

Court: Delhi

Decided on: Mar-30-2017

$~22 * + IN THE HIGH COURT OF DELHI AT NEW DELHI EL.PET. 1/2017 & IA No.4071/2017 (for directions) A. MEENAKSHI CHANDELA A. ........ Petitioner Through: Mrs. Kawaljit Kochar, Ms. Vasundhra Singh and Ms. Krishna Parkhani, Advs. Versus STATE ELECTION COMMISSIONER AND ORS ........ RESPONDENTS Through: Mr. Sumeet Pushkarna, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Mr. P.R. Chopra and Mr. Y.R. Sharma, Advs. for R-4. ORDER3003.2017 In this election petition, challenge is to the acceptance (on 22nd March, % 1. 2017) by the Returning Officer (RO) for the Bye-Election (for the constituency of Rajouri Garden) to the Legislative Assembly of Delhi, of the nomination of Mr. Manjinder Singh Sirsa.2. Besides the RO and Mr. Manjinder Singh Sirsa, State Election Commissioner and Chief Election Commissioner have also been impleaded as respondents.3. The petition is filed invoking Section 80A read with Section 100(d)(i) of the Representation of the People Act, 1951 (RP Act) and has com...


Mar 30 2017

Govt. Of Nct of Delhi and Ors. Vs.s.v. Vageesha and Anr

Court: Delhi

Decided on: Mar-30-2017

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2080/2017 Date of decision:30. h March, 2017 GOVT. OF NCT OF DELHI AND ORS. ........ Petitioner Through Mr. Sanjay Ghose, ASC with Ms. Pratishtha Vij, Advocates. S.V. VAGEESHA AND ANR. versus Respondent No.1 in person. Through Mr. Anil Soni, Standing Counsel for AICTE with Ms. Priyanka Singh, Advocate. ..... Respondent CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) C.M. No.12803/2017 We are inclined to allow the present application for taking on record additional documents including the affidavit of Dr. Shiv Kumar Dubey, subject to clarification that we will not go into a fishing and roving enquiry and predicate our decision on the basis of any assumption. The application is accordingly disposed of. W.P.(C) 2080/2017 We have heard the counsel for the petitioners-Government of NCT of Delhi and its functionaries in this writ petition, which impugns order dated 26th August, 2016 w...


Mar 30 2017

Prachi Jain vs.delhi Cantonment Board & Ors.

Court: Delhi

Decided on: Mar-30-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % PRACHI JAIN W.P.(C) No.1084/2014 and CM No.22659/2015 30th March, 2017 Through: Ms. Neha Kapoor, Advocate versus ........ Petitioner DELHI CANTONMENT BOARD & ORS. ........ RESPONDENTS Through: Mr. Anchit Sharma, Mr. T.S. Nanda and Mr. S. Ghosh, Advs. for respondent No.1 Mr. Arun Bhardwaj, CGSC for UOI/R-2 with Mr. Sriram and Mr. Nikhil Bhardwaj, Advs. Mr. Bijender Singh, Adv. for R-3 CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. In this writ petition under Article 226 of the Constitution of India, the petitioner sought the following reliefs:-"(a) Issue a writ of certiorari quashing/setting aside the contractual appointment of physiotherapist made by the respondent No.1 in pursuance to advertisement dated 3.7.2011; (b) Issue a writ of certiorari quashing/setting aside the resolution No.19 for extension of contract in the meeting held on 10.12.2012; (c) Issue a writ of mandamus ...


Mar 30 2017

Balmat vs.n.c.t. Ofdelhi

Court: Delhi

Decided on: Mar-30-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : March 30, 2017 * + CRL.A. 599/2001 AAS MOHAMMAD Through: Mr. Bharat Mr.Akshay Bhatia, Advocates ..... Appellant Bhatia, Bhushan STATE + CRL.A. 824/2001 BALMAT versus ..... Respondent Through: Mr. Panna Lal Sharma, Additional Public Prosecutor for the State Through: Mr. Varinder Kumar Ms.Suman Rani, Advocates ..... Appellant Sharma, versus N.C.T. OFDELHI ..... Respondent Through: Mr. Panna Lal Sharma, Additional Public Prosecutor for the State CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.JUDGMENT1 By way of separate appeals, the appellants seek to challenge the judgment of conviction and order on sentence dated 09.08.2001, Crl. A. No.599/2001 & 824/2001 Page 1 of 14 whereby the appellants have been held guilty for the offence punishable under Section 3of IPC and they have been sentenced to undergo rigorous imprisonment for a period of three years each with fine of Rs.2000/- each and in default, they were ordered to furt...


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