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Delhi Court March 2017 Judgments

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Mar 29 2017

The State of Gujarat vs.ashvika Construction Pvt. Ltd. & Anr.

Court: Delhi

Decided on: Mar-29-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP No.301/2011 & IA No.6340/2011 Reserved on: January 31, 2017 Date of Decision: March 29, 2017 THE STATE OF GUJARAT ........ Petitioner Through: Mr. Preetesh Kapur, Ms. Hemantika Wahi, Ms. Puja Singh & Mr. Satya Panda, Advocates. ASHVIKA CONSTRUCTION PVT. LTD. & ANR. ........ RESPONDENTS versus Through: Mr. Dayan Krishnan, Senior Advocate with Ms. Bina Gupta & Mr. Ranjit Raut, Advocates for R-1. CORAM: JUSTICE S. MURALIDHAR JUDGMENT2903.2017 % 1. The State of Gujarat has filed this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) against Ashvika Construction Private Limited (Respondent No.1) and the Government of India, Ministry of Road Transport and Highways (impleaded as proforma Respondent No.2) challenging an Award dated 10th December, 2010 passed by the sole Arbitrator in the disputes between the... Petitioner and Respondent No.1 arising out of a tripartite Build, Operate and Transfer (BOT) Agreement dat...


Mar 29 2017

Court on Its Own Motion vs.balwan Singh Khokhar & Ors.

Court: Delhi

Decided on: Mar-29-2017

*IN THE HIGH COURT OF DELHI AT NEW DELHI + % CRL.REV.P.No._____/2017 (to be numbered) COURT ON ITS OWN MOTION ........ Petitioner Through : Nemo versus 1. BALWAN SINGH KHOKHAR s/o PURAN SINGH r/o WZ-245, RAJ NAGAR, PALAM COLONY, NEW DELHI (Address of private respondent as per the composite final report dated 25th March, 1985) 2. STATE (GOVT OF NCT DELHI) 3. SMT. DALJIT KAUR (Complainant) w/o LATE S. AVTAR SINGH (address to be ascertained by the State) ........ RESPONDENTS Through : Nemo (Regarding : SC No.10/86) CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE ANU MALHOTRA % ORDER2903.2017 Re: SC No.Page 1 of 78 1. While hearing Crl.A.Nos.715/2013, 753/2013, 831/2013, 851/2013, 861/2013, 1099/2013 and 710/2014 (challenging the judgment dated 30th April, 2013 in Sessions Case No.arising out of RC242005-SIU-I/SIC- 1/CBI/ND) ld. counsels for the private parties have relied upon judgments in Sessions Case No.dated 29th April, 1986; Sessions Case No.dated 17th May, 1986; Sessions ...


Mar 29 2017

Yogesh Lakohtia & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Mar-29-2017

+ IN THE HIGH COURT OF DELHI AT NEW DELHI W.P (CRL) 780/2017 Date of Hearing & Order: March 29th, 2017 YOGESH LAKOHTIA & ORS. ........ Petitioner Through Mr.K.K. Vijay and Mr.Asheem Bhardwaj, Advs. versus STATE & ANR. Through Ms.Kamna Vohra, ASC for State with ..... Respondent SI Lokesh Singh, PS Bharat Nagar. Respondent no.2 to 4 in person with Mr.Manzar Anis, Adv. For Mr.Manjeet Singh Ahluwalia, Adv CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.(Oral) 1. The present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Yogesh Lakhotia, Smt. Gyatri Devi Lakhotia and Chander Kant Lakhotia for quashing of FIR No.190/2014 under Sections 341/323/1IPC registered at Police Station Bharat Nagar, Delhi on the basis of an amicable settlement arrived at between the petitioners and... RESPONDENTS No.2, 3 and 4 namely, Sh. Sanjay Sehgal, Smt. Richa Sehgal and Sh. Romil Sehgal. Learned Additional Standing Counsel 2. r...


Mar 29 2017

Court on Its Own Motion vs.dhanraj & Ors.

Court: Delhi

Decided on: Mar-29-2017

*IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.No._____/2017 (to be numbered) % COURT ON ITS OWN MOTION ........ Petitioner 1. DHANRAJ Through : Nemo versus s/o MEHAR CHAND r/o B-210, RAJ NAGAR, DELHI2 MAHENDER SINGH s/o PALEY RAM r/o RZ-7A/18, PURAN NAGAR, PALAM COLONY, DELHI3 BALWAN SINGH KHOKHAR s/o PURAN SINGH r/o WZ-245, RAJ NAGAR, PALAM COLONY, DELHI4 MAHENDER SINGH YADAV s/o TEJ RAM r/o VILLAGE BAGDOLA, P.S. NAJAFGARH, DELHI (Address of private respondents as per the composite final report dated 25th March, 1985) 5. STATE (GOVT OF NCT DELHI) 6. SMT. SAMPURAN KAUR (Complainant) w/o S. NIRMAL SINGH (address to be ascertained by the State) ........ RESPONDENTS Through : Nemo (Regarding : SC No.32/86) Re: SC No.Page 1 of 100 CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE ANU MALHOTRA % ORDER2903.2017 1. While hearing Crl.A.Nos.715/2013, 753/2013, 831/2013, 851/2013, 861/2013, 1099/2013 and 710/2014 (challenging the judgment dated 30th April, 2013 in Sessions Case N...


Mar 29 2017

Rajeev Sharma vs.the State (Govt. Of Nct of Delhi)

Court: Delhi

Decided on: Mar-29-2017

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :29. h MARCH, 2017 + CRL.M.C. 1637/2016 & CRL.M.A.No.6993/2016 RAJEEV SHARMA Through : Mr.Ravinder Tyagi, Advocate with Ms.Kanishka Tyagi, Advocate. ........ Petitioner versus THE STATE (GOVT. OF NCT OF DELHI) CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Mr.Arun Kumar Sharma, APP. ..... Respondent S.P.GARG, J.(Oral) 1. Present petition under Section 482 Cr.P.C. has been preferred by the petitioner to challenge the legality and correctness of an order dated 09.09.2015 of learned Trial Court by which cognizance for commission of offence punishable under Section 380 IPC and Section 25 Arms Act was taken against the petitioner. Status report in on record.2. I have heard the learned counsel for the parties and have examined the file. On 18.10.2009, DD No.7A came into existence at 2.27 a.m. (night) at PS Mianwali Nagar on getting information that one Rajeev Sharma has been admitted at Bhatia Global Hospital after sustaining bullet in...


Mar 29 2017

Naresh Gupta & Anr vs.rajesh Kumar Mehlawat & Anr

Court: Delhi

Decided on: Mar-29-2017

$~15 * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI RFA3382017 & CM No.12395/2017 NARESH GUPTA & ANR ..... Appellants Through : Mr. Karunesh Tandon, Advocate versus RAJESH KUMAR MEHLAWAT & ANR Through : None. ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % The appellants/plaintiffs are aggrieved by the order dated 8.11.2016, ORDER2903.2017 passed by the learned trial court allowing an application filed by the respondents/defendants under Order XII Rule 6 CPC and passing a judgment, dismissing their suit for partition in respect of property bearing No.RZ-98/J, forming part of Khasra No.69/8/2, situated in the revenue estate of Village Palam Colony, commonly known as Raj Nagar, New Delhi.2. Before considering the submissions of the learned counsel for the appellants, a brief glance at the relevant facts of the case is considered necessary. The appellants No.1 and 2 (husband and wife) had instituted a suit for partition against the respondents No.1 and 2 (husband and wife). T...


Mar 29 2017

Bharat Heavy Electricals Limited (Bhel) vs.bajaj Allianz General Insur ...

Court: Delhi

Decided on: Mar-29-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. 227/2009 Reserved on: January 31, 2017 Date of decision: March 29, 2017 BHARAT HEAVY ELECTRICALS LIMITED (BHEL) ....... Petitioner Through: Mr. Parag Tripathi, Senior Advocate with Ms. Mahika Varma, Mr. Surjendu Sankar Das and Ms. Avlokita Rajvi, Advocates. versus BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. ... Respondent Through: None CORAM: JUSTICE S.MURALIDHAR % JUDGMENT2903.2017 IA No.5524/2009 (Exemption) Allowed, subject to just exceptions. O.M.P. 227/2009 1. This petition by Bharat Heavy Electricals Limited (BHEL) under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) is directed against the impugned Award dated 27th January 2009 passed by the learned sole Arbitrator in the disputes between BHEL and the Respondent, Bajaj Allianz General Insurance Company Limited, arising out of the Standard Fire and Special Perils Policy (Impact Damage) [hereinafter referred to as OMP2272009 Page 1 of 17 the policy]. dated 1st Apri...


Mar 29 2017

Amit Kumar vs.state (Nct of Delhi)

Court: Delhi

Decided on: Mar-29-2017

$~20 * + IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:29. h March, 2017 BAIL APPLN. 1271/2015 AMIT KUMAR Through : Mr.Sanjay Mann & Mr.R.K.Pillai, ........ Petitioner Advocates. VERSUS ..... Respondent STATE (NCT OF DELHI) Through : Ms.Meenakshi Dahiya, APP with SI Bhawani Shankar, PS Mianwali Nagar. Mr.Dhanesh Relan, Advocate with Ms.Isha Garg & Mr.Amit Mehta, Advocates for the complainant. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(Oral) 1. The petitioner seeks anticipatory bail under Section 438 Cr.P.C. in case FIR No.510/2014 registered under Section 4IPC at PS Mianwali Nagar. Status report is on record.2. I have heard the learned counsel for the parties including the counsel for the complainant and have examined the file.3. The present FIR was lodged under Section 156(3) Cr.P.C. In the complaint, the complainant O.P. Gupta claimed to have purchased Bail Appln.1271/2015 Page 1 of 4 the plot bearing No.RZE-142-C measuring 150 sq.yd. out of Khasra No.situated at village N...


Mar 29 2017

Sandeep Mukherjee vs.state (Nct of Delhi)

Court: Delhi

Decided on: Mar-29-2017

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(Crl.) 3598/2016 & Crl. M.A.19586/2016 Decided on 29th March, 2017 ........ Petitioner SANDEEP MUKHERJEE Through: Mr. D.K. Sharma, Advocate versus STATE (NCT OF DELHI) ..... Respondent Through: Mr. Avi Singh, ASC CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.(ORAL) 1. By this petition under Article 226 of the Constitution of India read with section 482 Cr.P.C., petitioner has prayed for quashing of the FIR No.460/2016 under Section 25 of the Arms Act, registered at Police Station IGI Airport on the complaint of Mr. R.N. Gupta, Assistant Security Duty Manager, Air India.2.... Petitioner has alleged that he had gone to the United States of America in the month of January, 2008 to pursue his masters degree in Computer Science from Illinois Institute of Technology in Chicago. Thereafter, he took up a job in the United States of America as a software engineer and had been working there in different companies. In the year 2011, he j...


Mar 29 2017

National Highways Authhority of India vs.itd-sdb (Jv)

Court: Delhi

Decided on: Mar-29-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:9. h January, 2017 Judgment pronounced on :29th March, 2017 + O.M.P. 146/2009 SOM DATT BUILDERS-NCC-NEC (JV) ........ Petitioner Through: Mr. S.B. Upadhyay, Senior Advocate with Ms. Anusuya Salwan, Ms. Anisha Upadhyay, Ms. Renuka Arora, and Mr. Kunal Kohli, Advocates versus NATIONAL HIGHWAYS AUTHHORITY OF INDIA Through: Ms. Gunjan Sinha Jain, Advocate .....Respondent AND + O.M.P. 298/2009... Petitioner NATIONAL HIGHWAYS AUTHHORITY OF INDIA ..... ITD-SDB (JV) versus Through: Ms. Gunjan Sinha Jain, Advocate. ..... Respondent Through: Mr. S.B. Upadhyay, Senior Advocate with Ms. Anusuya Salwan Ms. Anisha Upadhyay and Ms. Renuka Arora, Mr. Kunal Kohli, Advocates. CORAM: JUSTICE S.MURALIDHAR % Introduction JUDGMENT2903.2017 1.These are the two petitions under Section 34 of the Arbitration & Conciliation Act, 1996 (the Act) which raise a common question of law O.M.P. 146/2009 & O.M.P. 298/2009 Page 1 of 19 i.e., the correct int...


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