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Delhi Court April 2017 Judgments

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Apr 26 2017

Sudesh@vinod vs.state

Court: Delhi

Decided on: Apr-26-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. No.554/2001 Date of Decision :26. h April, 2017 SUDESH@VINOD ..... APPELLANT Through Ms.Geeta Luthra, Sr. Adv. with Ms.Parul Sharma, Adv. Versus STATE ..... RESPONDENT Through Mr.Panna Lal Sharma, Additional Public Prosecutor for the State. WITH CRL.A. No.563/2001 VIVEK@BABLOO@RAHUL ..... APPELLANT Through Ms.Geeta Luthra, Sr. Adv. with Ms.Parul Sharma, Adv. Versus STATE ..... RESPONDENT Through Mr.Panna Lal Sharma, Additional Public Prosecutor for the State. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J Both these appeals are disposed of together by this common 1. judgment as the same have been preferred against a common judgment of conviction and order on sentence.2. Sudesh@Vinod The present appeals have been filed by the appellants i.e. Crl.A. No.554/2001) & (Appellant in Crl.A. Nos.554/2001 & 563/2001 Page 1 of 8 (Appellant in Crl.A. No.563/2001), Vivek@Babloo@Rahul aggrieved by the judgment of conviction dated 30th July, 2001...


Apr 26 2017

Deepak Chaudhary vs.state & Anr

Court: Delhi

Decided on: Apr-26-2017

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :26. h APRIL, 2017 + CRL.M.C. 894/2016 & CRL.M.A.No.37DEEPAK CHAUDHARY ........ Petitioner Through : Mr.Sumit K.Vats for Mr.Deepak Dhingra, Advocate versus STATE & ANR CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Mr.G.M.Farooqui, APP with SI Manmohan, PS Rani Bagh. Mr.A.K.Chhabra, Advocate for R2. ........ RESPONDENTS S.P.GARG, J.(Oral) 1. Present petition under Section 482 Cr.P.C. has been preferred by the petitioner for quashing of the FIR No.728/2015 registered under Section 380 IPC at PS Rani Bagh. It is contested by the respondent No.2 / complainant. Status report is on record.2. I have heard the learned counsel for the parties and have examined the file. The complainant / respondent No.2 had lodged a written complaint about theft of almirah and certain goods lying therein. It was informed that the said almirah was kept in the parking slot / stilt of the building under construction. It was found stolen on 29.09.2015. Compla...


Apr 26 2017

Devinder Singh vs.hari Singh

Court: Delhi

Decided on: Apr-26-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % DEVINDER SINGH RSA No.125/2017 26th April, 2017 ..... Appellant Through: Mr. Ankur Bansal, Advocate with appellant in person. HARI SINGH versus ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.15491/2017 (for exemption) Exemption allowed, subject to all just exceptions. C.M. stands disposed of. RSA No.125/2017 and C.M. Appl. No.15490/2017 (for stay) 1. This Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) impugns the concurrent judgments of the courts below; of the Trial Court dated 5.2.2016 and the First Appellate Court dated 10.2.2017; by which the suit for specific performance filed by the respondent/plaintiff for the suit RSA No.125/2017 Page 1 of 6 property comprising of 42 sq. yards in plot No.3221, Gali No.1, Ranjit Nagar, New Delhi, has been decreed.2. The subject suit was filed by the respondent/plaintif...


Apr 26 2017

Nirmal Sharma & Ors vs.state thr.nct of Delhi & Anr.

Court: Delhi

Decided on: Apr-26-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : April 26, 2017 * + CRL.M.C. 533/2017 NIRMAL SHARMA & ORS ........ Petitioners Through: Mr.Kirti Uppal, Senior Advocate with Mr.Sumit Bansal, Ms.Richa Oberoi & Mr.Harsh Kumar, Advocates versus STATE THR.NCT OF DELHI & ANR. ........ RESPONDENTS Through: Mr.Panna Lal Sharma, Additional Public Prosecutor for the State CORAM: HON'BLE MR. JUSTICE P.S.TEJI JUDGMENT By this petition filed under Section 482 of Cr. P.C. P.S.TEJI, J.1. the petitioners seek for quashing of the FIR No.2dated 20.05.2013, under Section 323/342/354/506/379(1)/34 of IPC registered at Police Station Gazipur, Delhi.2. It is informed that the charge sheet in this case has been filed and the learned Additional Sessions Judge (Special Fast Track Court), East District, Karkardooma Courts, Delhi, has passed an order dated 03.10.2016 in S.C. No.392/2016 (S.C. No.95/2015) whereby the petitioners Mani Ram and Nirmala Sharma have been charged for the offences punish...


Apr 26 2017

Govt of Nct of Delhi Thr Secretary (Land & Building Department) vs.dev ...

Court: Delhi

Decided on: Apr-26-2017

$~74 * + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA3032017 and CM Nos.15727-29/2017 Date of Decision:26. 04.2017 GOVT OF NCT OF DELHI THR SECRETARY (LAND & BUILDING DEPARTMENT) ..... Appellant Through: Mr.Yeeshu Jain and Ms.Jyoti Tyagi, Advocates versus DEVENDER Through: ..... Respondent CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE ANU MALHOTRA [ ACTING CHIEF JUSTICE (Oral) 1. The appellant assails the order dated 10th August, 2016 by the learned Single Judge in WP(C) 3124/2014 wherein the learned Single Judge was pleased to accept the explanation given by the respondents for the delay in seeking allotment of an alternate plot against acquisition of his land which had been rejected by the appellant on the sole ground that it was beyond the one year calculated from the date when the compensation was received by him towards the acquisition. By the impugned order dated 10th August, 2016, the learned Single Judge has directed the appellant herein to re-consider the applicat...


Apr 26 2017

Pritisha vs.the Govt. Of Nct of Delhi & Ors

Court: Delhi

Decided on: Apr-26-2017

$~26 *IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) 92/2017 Date of decision :26. h April, 2017 PRITISHA Through: Ms. Sija Nair Pal and ........ Petitioner versus Mr. Deepak Kumar Singh, Advs. THE GOVT. OF NCT OF DELHI & ORS ..... Respondent Through: Mr. Satyakam, ASC for R-1, 4 & 5 Mr. Bhagvan Swarup Shukla, CGSC with Mr. Shambhu Chaturvedi, Adv. for R-3/UOI CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT (ORAL) ACTING CHIEF JUSTICE1 This writ petition filed in public interest makes a grievance that the Lal Bahadur Shastri Hospital-respondent no.5 herein, a hospital being run by the Government of NCT of Delhi, is being mismanaged and failing to discharge the purpose for which it has been set up. In this regard, reliance is placed on a case study and fact finding report claimed to be made by the Human Rights Law Network upon an examination of the respondent no.5- hospital prepared in May, 2016. This W.P.(C) No.92/2017 Page 1 of 4 case study has b...


Apr 26 2017

Dilbagh Singh vs.hira Lal

Court: Delhi

Decided on: Apr-26-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.127/2017 & CM No.15748/2017 (Exemption) + % DILBAGH SINGH26h April, 2017 Through: ..... Appellant Mr. N.S.Dalal, Mr. Devesh Pratap Singh, Mr. Aman Mudgal and Ms. Toral Banerjee, Advocates. HIRA LAL versus Through: ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) the appellant/defendant impugns the concurrent judgments of the courts below; of the Trial Court dated 2.8.2013 and the First Appellate Court dated 30.1.2017; by which the courts below have decreed the suit for mandatory injunction and damages by granting the relief of possession to the respondent/plaintiff with respect to the suit property bearing No.B-28- 30, Bhalswa Dairy Complex, Delhi. The suit has been decreed by the courts below on an application under Order XII Rule 6 CPC filed by the respondent/pla...


Apr 26 2017

Sh. Ravi Nayyar vs.sh. Atam Prakash & Ors.

Court: Delhi

Decided on: Apr-26-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SH. RAVI NAYYAR FAO No.274/2011 26th April, 2017 Through: ..... Appellant Mr. D.S. Rustagi, Advocate with Mr. Apporva Rustagi, Advocate. SH. ATAM PRAKASH & ORS. versus ........ RESPONDENTS Through: None. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this revision petition under Section 115 of the Code of Civil Procedure, 1908 (CPC), the appellant Sh. Ravi Nayyar, the legal heir of the original plaintiff Smt. Ram Piyari, impugns the order dated 19.11.2010 passed by the trial court. By the impugned order, the trial court has dismissed the application under Order XXII Rule 3(2) CPC to bring on record the appellant as a legal heir of the deceased plaintiff Smt. Ram Piyari.2. The deceased plaintiff Smt. Ram Piyari filed the subject suit for declaration and for cancellation of the sale deed dated 12.10.1971 executed by the defendant no.1 in the suit as an attorney of FAO No.274/2...


Apr 26 2017

Qatar Airways q.c.s.c vs.airports Authority of India & Anr

Court: Delhi

Decided on: Apr-26-2017

$~26. * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) No.52/2017 QATAR AIRWAYS Q.C.S.C ..... Plaintiff Through: Mr. Sumeet Lall, Ms. Yashasvi Singh and Mr. Sidhant Kapoor, Advs. versus ..... Defendants Through: Mr. Digvijay Rai, Adv. AIRPORTS AUTHORITY OF INDIA & ANR CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER2604.2017 IA No.5101/2017 (of both the defendants under Section 151 CPC).1. The defendants, by this application state that the plaintiff has wrongly labelled the suit as a commercial suit.2. The counsel for the plaintiff appears on advance notice and considering the nature of the application need for reply is not felt.3. The suit is for recovery of US$ 636,655.66 as damages for loss suffered by the plaintiff on account of damage to the aircraft of the plaintiff at Calicut International Airport and which loss according to the plaintiff is attributable to the defendants.4. The counsel for the plaintiff on enquiry states that the claim of the plaintiff in Indian rupees...


Apr 26 2017

Siva Industries and Holdings Ltd. Vs.tata Teleservices Ltd. & Ors.

Court: Delhi

Decided on: Apr-26-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h April, 2017 CS(COMM) No.246/2017 & IA No.4079/2017 (u/O XXXIX R-1&2 CPC). SIVA INDUSTRIES AND HOLDINGS LTD. ..... Plaintiff Through: Mr. Anirudh Wadhwa, Mr. Akash Chandra Jauhari and Mr. Vipul Kumar, Advs. Versus ..... Defendants TATA TELESERVICES LTD. & ORS. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit pleading, Through: None. (i) that the plaintiff, by virtue of a Share Subscription Agreement dated 24th February, 2006, subscribed to 520 million shares of defendant no.1 Tata Teleservices Ltd. (TTL) at a Subscription Price of Rs.17/- per share; (ii) pursuant to a rights issue announced by the defendant no.1 TTL in July / August, 2007, the plaintiff subscribed to additional 20.8 million equity shares, increasing its shareholding to 540.8 million shares; (iii) that pursuant to a re-structuring exercise done by the defendant no.1 TTL, plaintiffs shareholding stands at 270.4 millio...


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