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Delhi Court September 2017 Judgments

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Sep 27 2017

Jahid Ali vs.union of India & Ors.

Court: Delhi

Decided on: Sep-27-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11182/2015 Reserved on:11. h August, 2017 Date of decision :27. h September, 2017 JAHID ALI .....Petitioner Through Mr.Chandra Shekhar and Mr.Saad Anwar, Advs. Versus UNION OF INDIA & ORS ........ RESPONDENTS Through Mr.Dev P. Bharwwaj, CGSC CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.By this writ petition under Article 226 of the Constitution of India, the petitioner impugns the order dated 24.12.2014 passed by the Commandant (Medical), MTC, Sashastra Seema Bal, Shimla dismissing the petitioner from service having found him guilty of an offence under section 43 of Sashastra Seema Bal Act, 2007. The petitioner further challenges the order dated 08.09.2015 vide which his WP(C) 11182/2015 Page 1 appeal against the same was dismissed by Inspector General (Personnel).2. The petitioner aged about 29 years was appointed as Constable (Nursing Orderly) in Sashastra Seema Bal (hereinafter referred ...


Sep 27 2017

Ms. Pinki Jain vs.smt. Suman Bala Bhasin

Court: Delhi

Decided on: Sep-27-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % MS. PINKI JAIN RFA No.844/2017 27th September, 2017 ..... Appellant Through: Ms. Aruna Kumari Pawar and Ms. Shabista Nabi, Advocates SMT. SUMAN BALA BHASIN versus ..... Respondent Through: Mr. Shohit Chaudhry and Mr. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA Anuj Jhawar, Advocates To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) Caveat No.865/2017 Counsel for the caveator enters appearance. Caveat stands discharged. C.M. Appl. No.36048/2017 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. RFA No.844/2017 and C.M. Appl. No.36047/2017 (for stay) 1. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugning the judgment of the RFA No.844/2017 Page 1 of 7 trial court dated 25.08.2017 by which the trial court has decreed the suit for the relief of possession under Order XII Rule 6 CPC.2. The suit property is LIG Flat bearing No.D-...


Sep 27 2017

Rishi Pal vs.state & Anr.

Court: Delhi

Decided on: Sep-27-2017

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:27thSeptember, 2017 + 1. CRL.M.C. 2297/2017 PRAMOD KUMAR BAJAJ Through: versus... Petitioner in person. ........ Petitioner Through: Mr.Hirein Sharma, APP for State THE STATE & ANR + 2. CRL.M.C. 2298/2017 & CRL.M.A.15628-15629/2017 PRAMOD KUMAR BAJAJ & ORS. Through:... Petitioner No.1 in person. ........ Petitioner ........ RESPONDENTS versus THE STATE & ANR. ........ RESPONDENTS Through: Mr.Hirein Sharma, APP for State Inspector Seema Yadav, PS-Prashant Vihar... Petitioner in person. ........ Petitioner Through: Mr.Hirein Sharma, APP for State ........ RESPONDENTS + 3. CRL.M.C. 5371/2014 RAKHEE GUPTA Through: versus STATE NCT OF DELHI & ANR + 4. CRL.M.C. 5372/2014 RAKHEE GUPTA Through:... Petitioner in person ........ Petitioner versus STATE NCT OF DELHI & ANR Through: Mr.Hirein Sharma, APP for State ........ RESPONDENTS CRL.M.C. Nos.2297/2017, 2298/2017, 5371/2014, 5372/2014, 137/2013, 2948/2013, 1298/2013 2013, 3577/2013, ...


Sep 27 2017

Shri Krishan vs.jasoda Devi and Ors

Court: Delhi

Decided on: Sep-27-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:27. h September, 2017 FAO1352016 & CM No.11283/2016 & 34897/2016 SHRI KRISHAN ..... Appellant Through: Mr. R.K. Sahni, Adv. versus JASODA DEVI AND ORS ........ RESPONDENTS Through: Mr. S.L. Kashyap, Adv. for respondents no.1 to 4. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The appellant has challenged the order dated 14th January, 2016 whereby Commissioner, Employees Compensation has awarded compensation of Rs.3,68,340/- to respondents No.1 to 4.2. The appellant was constructing a gymnasium in property No.699, Gram Sabha, Pooth Kalan, Delhi through the contractor (respondent No.5). On 06th March, 2010, Babu Lal was working as a labourer (Baildar) under the contractor (respondent No.5) on the first floor of the gymnasium. Babu Lal was carrying construction material (tasla with masala) on his head when the pad (balli and fatta), on which Babu Lal was standing, overturned due to which Babu Lal fell down and suffered gr...


Sep 26 2017

Vinay Kumar Rai vs.meena Rai

Court: Delhi

Decided on: Sep-26-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % VINAY KUMAR RAI FAO No.380/2017 26th September, 2017 Through: Mr. R.N. Dubey, Advocate. ..... Appellant MEENA RAI 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.35455/2017 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. FAO No.380/2017 and C.M. Appl. No.35454/2017 (for stay) 1. This first appeal under Order XLIII(1)(d) is filed by the defendant impugning the order of the trial court dated 5.9.2017 by which the trial court has dismissed the application filed by the appellant/defendant under Order IX Rules 7 and 13 CPC for setting aside of the ex-parte judgment and decree dated 23.7.2015. By the FAO No.380/2017 Page 1 of 7 judgment and decree dated 23.7.2015 suit of the respondent/plaintiff/sister was decreed against the appellant/defendant/brother for a sum of Rs. 8,44,000/- along with inte...


Sep 26 2017

dr.rishi Kant Siddharth Mahavidyalaya Seva Sansthan vs.national Counci ...

Court: Delhi

Decided on: Sep-26-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :20. 9.2017 Judgment delivered on :26. 9.2017 + W.P.(C) 9213/2016 DR. RISHI KANT SIDDHARTH MAHAVIDYALAYA SEVA ........ Petitioner SANSTHAN Through: Mr Mayank Manish, Adv versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR ........ RESPONDENTS Through Ms. Sonali Malhotra and Mr. Amit Sanduja, Advs CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1... Petitioner is aggrieved by the order dated 11.9.2015 passed by the Northern Regional Committee (respondent no.2) which was affirmed on 09.06.2016 by its Appellate Authority, National Council for Teacher Education (respondent no.1). 2 Record shows that on 29.12.2012 the petitioner institute had applied to respondent no.2 seeking recognition for its course of Bachelor of Education (B.Ed. course) for intake of 100 seats. All relevant documents were W.P.(C) 9213/2016 Page 1 of 9 submitted to respondent no.2. The Building Completiton Certificate (BCC) issued by its ar...


Sep 26 2017

M/S Ishar Dass Amir Chand vs.mr. Jagdish Babu Sharma & Ors

Court: Delhi

Decided on: Sep-26-2017

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 1190/2016 M/S ISHAR DASS AMIR CHAND Through: Mr. Hemant Singh, Advocate ..... Plaintiff versus MR. JAGDISH BABU SHARMA & ORS ..... Defendants Through: None Reserved On :29. h August, 2017 Date of Decision:26. h September, 2017 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J :1. Present suit has been filed for permanent injunction restraining infringement of trademark, copyright, passing off, rendition of accounts of profits, delivery up, acts of unfair competition etc. The prayer clause in the suit is reproduced hereinbelow:-"(a) A decree for permanent injunction restraining the Defendants, their directors, assignees in business, their distributors, dealers, stockists, retailers, servants and agents from manufacturing, marketing, selling, offering for sale, exporting, advertising, directly or indirectly dealing in Henna products under the impugned mark AMIRs/AMIR or any other mark as may be deceptively similar to the Pl...


Sep 26 2017

Arun Kumar Mishra vs.state

Court: Delhi

Decided on: Sep-26-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:02. d August, 2017 Judgment pronounced on:26 September, 2017 + Crl. A. No.1577/2014 ARUN KUMAR MISHRA ..... Appellant Through: Mr.K.K.Tyagi, Adv. STATE versus ..... Respondent Through: Ms.Radhika Kolluru, APP for the State along with SI Neeraj, PS South Rohini, in person. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S.SISTANI, J.1. Present appeal has been filed under Section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) against the judgment dated 10.07.2014 and the order on sentence dated 06.08.2014 passed by the learned Trial Court, arising out of FIR No.405/2010, under Sections 307/120B of the Indian Penal Code (hereinafter referred to as IPC) and Sections 25/of the Arms Act, by virtue of which the appellant stands convicted under Section 307 of IPC and sentenced to undergo life imprisonment and a fine of Rs.20,000/- and in default of payment of f...


Sep 26 2017

Sahabuddin vs.mairazuddin & Ors.

Court: Delhi

Decided on: Sep-26-2017

$~R-276 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:26. h September, 2017 + MAC APPEAL No.840/2010 SAHABUDDIN Through: Nemo. ..... Appellant versus MAIRAZUDDIN & ORS. ........ RESPONDENTS Through: Mr. Pankaj Seth, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant suffered injuries in a motor vehicular accident that occurred on 13.03.2006 due to negligent driving of Indica car bearing registration No.UP-13-E-0690, which was admittedly insured against third party risk with the third respondent (insurer). As a result of the injuries, his right leg was amputated, this resulting in he becoming a permanently disabled person, the physical impairment having been assessed by the board of doctors of LNJP Hospital, vide disability certificate (Ex.PW-1/7), to be to the extent of eighty per cent (80%). On his accident claim case (Suit No.371/2006), the motor accident claims tribunal, by its judgment dated 08.07.2010, awarded compensation in the total s...


Sep 26 2017

Rudal @ Jasan vs.state

Court: Delhi

Decided on: Sep-26-2017

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL. A. 878/2013 RUDAL @ JASAN Date of Judgment:26. h September, 2017 ........ Petitioner STATE Through: Ms. Inderjeet Sidhu, Advocate Versus ..... Respondent Through: Mr. Rajat Katyal, APP with Inspector Yashpal Singh, PS Naraina, Delhi CORAM: HON'BLE MR. JUSTICE G. S. SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR G.S. SISTANI, J.(ORAL) 1. This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) filed against the judgment dated 21.01.2013, by which the appellant stands convicted under Section 302 of the Indian Penal Code (hereinafter referred to as IPC) and the order on sentence dated 31.01.2013, by which the appellant has been sentenced to imprisonment for life and a fine of Rs.10,000/-, in default of payment of fine, to further undergo simple imprisonment for a period of six months.2. The case of the prosecution, as noticed by the Trial Court is that a PCR call was received from ...


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