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Delhi Court May 2017 Judgments

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May 19 2017

Mala Petrochemicals & Polymers vs.the Additional Director General, Dir ...

Court: Delhi

Decided on: May-19-2017

$~ * 18,19 + + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 3965/2017 MALA PETROCHEMICALS & POLYMERS Through: Mr. Priyadarshi Manish with Ms. Anjali Jha Manish, Mr. Ashutosh Mishra, and Mr. Sagar Rohatgi, Advocates. ........ Petitioner versus THE ADDITIONAL DIRECTOR GENERAL, DIRECTORATE OF REVENUE INTELLIGENCE & ANR Through: Mr. Aditya Singla, Senior standing counsel for R-1. Mr. Sanjeev Narula, Senior standing counsel with Mr. Abhishek Ghai, Advocate for R-2. W.P.(C) 4123/2017 ........ RESPONDENTS And MALA PETROCHEMICALS & POLYMERS Through: Mr. Priyadarshi Manish with Ms. Anjali Jha Manish, Mr. Ashutosh Mishra, and Mr. Sagar Rohatgi, Advocates. ........ Petitioner versus ........ RESPONDENTS THE COMMISSIONER OF CUSTOMS (IMPORT) ICD, TUGHLAKABAD, NEW DELHI & ANR CORAM: JUSTICE S.MURALIDHAR JUSTICE CHANDER SHEKHAR Through: Mr. Sanjeev Narula, Senior standing counsel with Mr. Abhishek Ghai, Advocate for R Mr. Aditya Singla, Senior standing counsel for R W.P. (C) 3965/2017 & 4123/2017 ...


May 19 2017

Vinit Kumar and Ors vs.railway Protection Force

Court: Delhi

Decided on: May-19-2017

$~26 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5146/2016 Date of decision :19. h May, 2017 VINIT KUMAR AND ORS Through: Mr. Lalait Kumar & Mr. Satendra versus Singh, Advocate ........ Petitioners Advocates ..... Respondent Through: Mr. Jagjit Singh, Mr. Preet Singh RAILWAY PROTECTION FORCE CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE C. HARI SHANKAR SANJIV KHANNA, J (Oral) 1. The petitioners five in number were allocated to Railways Police Force service upon selection and undergoing training in the year 2010.2. Other candidates selected in same selection process were appointed or allocated to the 16 railway zones, Railway Police Special Force/Railway Police Force.3. The petitioners by way of present writ petition filed on 26.05.2016 seek reallocation in terms of Clause 4 (c) of the Standing Order No.94 dated 27.08.2009 issued by the Government of India, Ministry of Railway. The said Clause reads as under : The Zonal allotment to SI Cadre will be done by DG/RPF...


May 19 2017

Hari Ram vs.ramesh Kumar

Court: Delhi

Decided on: May-19-2017

$~41 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:19. h May, 2017 CONT. CAS. (C) No.217/2017 HARI RAM RAMESH KUMAR ........ Petitioner Through : Mr.Ramesh Kr. Mishra, Adv. with versus Mr.Krishna K. Singh, Adv. ..... Respondent Through : Ms.Isha Khanna, Adv. along with Insp. Ramesh Kumar, SHO, PS Sadar Bazar/respondent herein and SI Prakash, PS Sadar Bazar, in person. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE NAVIN CHAWLA G.S.SISTANI, J.(ORAL) 1. This is a petition under Sections 2 (b), 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India alleging wilful disobedience of the order dated 13.04.2015 passed by the learned Single Judge in W.P. (C) 3524/2015.2. The petitioner claims to be squatting at pavement opposite Shop Nos.131-132, Main Sadar Bazar, Delhi, for the past 33 years and claims to be selling cold drinks and packaged snacks. It is also claimed that during the survey conducted by the MCD on 23.12.1982...


May 19 2017

Ashok Kumar @ Ashu vs.the State (Nct of Delhi)

Court: Delhi

Decided on: May-19-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :11. h MAY, 2017 DECIDED ON :19. h MAY, 2017 + CRL.A.486/2016 ASHOK KUMAR @ ASHU ..... Appellant Through : Mr.Pramod Kumar Dubey, Advocate with Ms.Namita Wali & Mr.Akshay Sehjpal, Advocates. versus THE STATE (NCT OF DELHI) ..... Respondent Through : Ms.Meenakshi Dahiya, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Challenge in this appeal is a judgment dated 29.02.2016 of learned Addl. Sessions Judge in Sessions Case No.44564/2015 arising out of FIR No.363/2015 PS Bhajan Pura by which the appellant Ashok Kumar @ Ashu was held guilty for committing offence punishable under Sections 3IPC. By an order dated 05.03.2016, the appellant was sentenced to undergo RI for three and a half years with fine `500/-.2. Briefly stated, the prosecution case as reflected in the charge- sheet was that on 22.03.2015 at around 07.45 p.m. at a place near Venus Crl.A.486/2016 Page 1 of 5 Tailor, Gali No.4, Subhash Vihar, Delhi, the appellant in...


May 19 2017

Abhilasha Chahalia vs.state & Anr.

Court: Delhi

Decided on: May-19-2017

$~21 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h May, 2017 CRL.M.C. 1712/2017 and Crl.M.A.6963-64/2017 ABHILASHA CHAHALIA ........ Petitioner Through: Mr. Mohit Mathur, Senior Advocate with Mr. J.P. Sengh, Sr. Adv., Mr. Pranav Rishi, Adv. & Ms. Manisha Mehta, Adv. Versus STATE & ANR. ........ RESPONDENTS Through: Mr. Tarang Srivastava, APP for the State with ASI Rajbir Singh, DIU West Distt. & W/SI Nirmala, PS Paschim Vihar. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. This petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeks to assail the order dated 26.11.2016 of the Metropolitan Magistrate, Mahila Court, West District on the file of criminal case arising out of report under Section 173 Cr.P.C. submitted by the investigating police on completion of investigation into First Information Report (FIR) No.207/2014 whereby cognizance was taken of offences punishable under Sections 354/395/144/1of the Indian Penal Code, 1860 (IPC), agai...


May 19 2017

Sandeep Rathi and Ors. Vs.jai Prakash Rathi

Court: Delhi

Decided on: May-19-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.345/2016 + % SANDEEP RATHI AND ORS. 19th May, 2017 ..... Appellants Through: Mr. Achal Gupta, Dr. Deepa, Ms. Annie Rais and Ms. Gurmeet Kaur Kapoor, Advocates. versus JAI PRAKASH RATHI ..... Respondent Through: Mr. Sunil Chauhan, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) RSA No.345/2016 and C.M. Appl. No.42829/2016 (for stay) 1. This Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) by the defendants in the suit, impugning the judgment of the First Appellate Court dated 16.8.2016. The trial court by its judgment dated 6.10.2015 had dismissed the suit for injunction filed by the respondent/plaintiff against the appellants/defendants for not interfering in the possession of the respondent/plaintiff with respect to suit land being 1/8th share in khasra nos. 68, 69 and 70, Revenue Estate of Village Rajpur Khurd, New RSA No.34...


May 19 2017

Satish Chand vs.bal Kishan

Court: Delhi

Decided on: May-19-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.224/2017 & CM Nos. 18908-18910/2017 + % SATISH CHAND19h May, 2017 Through: ..... Appellant Mr. Prem Kumar Singh, Advocate. versus BAL KISHAN CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal under Order XLIII (1)(d) of the Code of Civil Procedure, 1908 (CPC) is filed challenging the order of the court below dated 24.3.2017 by which the application under Order IX Rule 13 CPC of the appellant/defendant has been dismissed. It may be noted that the application was filed under Order IX Rule 13 CPC but since the suit was filed under Order XXXVII CPC, the court below has rightly treated the application under Order XXXVII Rule 4 CPC instead of being under Order IX Rule 13 CPC.2. The facts of the case are that the respondent/plaintiff filed a suit under Order XXXVII CPC against the appellant/defendant for recovery of a sum of Rs.9,76,000/- along with i...


May 19 2017

Mala Petrochemicals & Polymers vs.the Commissioner of Customs (Import) ...

Court: Delhi

Decided on: May-19-2017

$~ * 18,19 + + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 3965/2017 MALA PETROCHEMICALS & POLYMERS Through: Mr. Priyadarshi Manish with Ms. Anjali Jha Manish, Mr. Ashutosh Mishra, and Mr. Sagar Rohatgi, Advocates. ........ Petitioner versus THE ADDITIONAL DIRECTOR GENERAL, DIRECTORATE OF REVENUE INTELLIGENCE & ANR Through: Mr. Aditya Singla, Senior standing counsel for R-1. Mr. Sanjeev Narula, Senior standing counsel with Mr. Abhishek Ghai, Advocate for R-2. W.P.(C) 4123/2017 ........ RESPONDENTS And MALA PETROCHEMICALS & POLYMERS Through: Mr. Priyadarshi Manish with Ms. Anjali Jha Manish, Mr. Ashutosh Mishra, and Mr. Sagar Rohatgi, Advocates. ........ Petitioner versus ........ RESPONDENTS THE COMMISSIONER OF CUSTOMS (IMPORT) ICD, TUGHLAKABAD, NEW DELHI & ANR CORAM: JUSTICE S.MURALIDHAR JUSTICE CHANDER SHEKHAR Through: Mr. Sanjeev Narula, Senior standing counsel with Mr. Abhishek Ghai, Advocate for R Mr. Aditya Singla, Senior standing counsel for R W.P. (C) 3965/2017 & 4123/2017 ...


May 19 2017

The Oriental Insurance Co. Ltd. Vs.sonia & Ors.

Court: Delhi

Decided on: May-19-2017

$~10 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h May, 2017 MAC.APP. 1027/2016 THE ORIENTAL INSURANCE CO LTD. ..... Appellant Through: Mr. S.P. Jain and Mr. Himanshu Gambhir, Advocates. Versus SONIA & ORS. ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate for CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI... RESPONDENTS No.1 to 5. NAJMI WAZIRI, J (Oral) 1. The Award has been challenged on the ground that the DAR and the site plan show that the offending vehicle i.e. HTV Trailer was moving in the extreme left-side lane i.e. the designated traffic lane for HTVs; LTVs are not driven in this lane but a separate said lane on the right-side of the HTV lane, therefore, the HTV was not the offending vehicle instead the damaged vehicle was in the wrong lane. It is not in dispute that the Wagon R in which the deceased was travelling crashed into the Trailer resulting in a fatal injury to him. The appellant argues that this is a deemed case of rash and negligent driving by the...


May 19 2017

Dr. Mukula Mohile & Ors. Vs.state & Ors.

Court: Delhi

Decided on: May-19-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.226/2017 + % DR. MUKULA MOHILE & ORS. 19th May, 2017 ..... Appellants Through: Ms. Shyel Trehan and Mr. STATE & ORS. Rishabh Sharma, Advocates. versus ........ RESPONDENTS Through: Mr. Rajat Malhotra, Advocate for R-1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.18928/2017 (for exemption) Exemption allowed, subject to all just exceptions. C.M. stands disposed of. FAO No.226/2017 1. Learned counsel for the appellants argues that the subject case was an uncontested case seeking letters of administration of the property of the deceased Dr. Jayanta Das. Appellant No.1/petitioner no.1 was the wife of the deceased and appellant nos. 2 and 3/petitioner nos. 2 and 3 were the son and daughter of the deceased. The only other FAO No.226/2017 Page 1 of 3 natural legal heir of the deceased was the mother, who was respondent No.2 in the court below and who died during the pe...


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