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Delhi Court September 2017 Judgments

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Sep 08 2017

State vs.tarun @ Maddy & Others

Court: Delhi

Decided on: Sep-08-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order dated:08. h September, 2017 + CRL.M.C. 2819/2017 STATE ........ Petitioner Through: Mr.Hirein Sharma, APP for State Inspector Satinder Sangwan, SHO Malviya Nagar with SI Om Prakash, PS-Hauz Khas, New Delhi. versus 1. TARUN @ MADDY2 VIKAS @ SHAMMI3 ASHISH BALGUER4 VIKAS BALGUER5 VISHAL BALGUER ........ RESPONDENTS Through: Mr. Abhay Kumar for R-1. Mr.Pawan Kumar Bahl, Adv. with Mr.Ashish Sharma, Adv. for R-2. Mr.Mohit Mathur, Sr. Adv. with Mr.Sumit Misra, Adv. for R-3, R-4 & R-5. CORAM: HON'BLE MR. JUSTICE I.S.MEHTA ORDER CRL.M.C. 2819/2017 Page 1 of 30 I.S. MEHTA, J.1. Instant petition under Section 439(2) Cr.P.C. read with Section 482 Cr.P.C. has been preferred by the State (petitioner herein) seeking setting aside of the impugned order dated 24.04.2017 passed by the learned Additional Sessions Judge-02, (South) Saket Courts, New Delhi in FIR No.1187/2015 registered under Sections 302/308/201/2IPC at Police Station Hauz Khas whereby the ...


Sep 08 2017

Ashish Kumar vs.commissioner of Police & Others

Court: Delhi

Decided on: Sep-08-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.11043/2016 Reserved on:25. h August, 2017 % NITIN KUMAR Date of Decision:8. h September, 2017 ....Petitioner Through Mr. H.K. Chaturvedi, Advocate. Versus COMMISSIONER OF POLICE & OTHERS ..Respondents Through Mr. Anuj Aggarwal, ASC for GNCTD. WRIT PETITION (CIVIL) No.11044/2016 AVINASH KUMAR ....Petitioner Through Mr. H.K. Chaturvedi, Advocate. Versus COMMISSIONER OF POLICE & OTHERS ..Respondents Through Mr. Anuj Aggarwal, ASC for GNCTD. WRIT PETITION (CIVIL) No.11045/2016 ASHISH KUMAR ....Petitioner Through Mr. H.K. Chaturvedi, Advocate. Versus COMMISSIONER OF POLICE & OTHERS ..Respondents Through Mr. Anuj Aggarwal, ASC for GNCTD. W.P.(C)No.11043/2016+connected matters Page 1 of 25 CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.The three aforestated writ petitions impugn the order dated 16th July, 2016 passed by the Principal Bench of the Central Administrative Tribunal (...


Sep 08 2017

Devender Singh Tayal vs.state (Govt of Delhi Admn) and Ors

Court: Delhi

Decided on: Sep-08-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~15. * + W.P.(C) 7998/2017 and CM APPL. 32973-74/2017 DEVENDER SINGH TAYAL ........ Petitioner Through: Mr. Basant Kumar Singh, Advocate with Mr. Amrendra Kumar and Ms. Versha Singh, Advocates versus STATE (GOVT OF DELHI ADMN) AND ORS ........ RESPONDENTS Through: None. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % ORDER0809.2017 1. The present petition has been placed before us on the basis of an urgent mentioning.2. The petitioner is aggrieved by an order dated 25.08.2017 passed by the learned DRT-III, Delhi, granting him 15 days time to vacate premises No.A- 72, Inderpuri, New Delhi, and to hand over the peaceful physical possession thereof to the Receiver. The petitioner was also directed to file his affidavit on the same day, undertaking inter alia to vacate the said premises in question within 15 days. It was made clear in the said order that in the event of default, the respondent No.2/Financial Institution shal...


Sep 08 2017

Iffco Tokio General Insurance Co Ltd vs.indra Sharma & Ors

Court: Delhi

Decided on: Sep-08-2017

$~2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 622/2013 Decided on:08. h September, 2017 IFFCO TOKIO GENERAL INSURANCE CO LTD Through: Mr. Harsh, Advocate .... Appellant Versus INDRA SHARMA & ORS ........ RESPONDENTS Through: Mr. Vishwa Ranjan Kumar, Advocate for R-1 to 4 + MAC.APP. 623/2013 IFFCO TOKIO GENERAL INSURANCE CO LTD Through: Mr. Harsh, Advocate ..... Appellant Versus SUMAN & ORS ........ RESPONDENTS Through: Mr.Rajnish K. Jha, Advocate for R-2 to 5 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 19.01.2009, a motor vehicular accident took place involving two vehicles, one being car bearing registration no.DL-CF-0891 (the MAC A622623/2013 Page 1 of 5 car) and the other, a tanker bearing registration no.PB-04 9573 (tanker), it becoming subject matter of investigation by the police through first information report (FIR no.16/2009) of police station Tanda in District Hoshiarpur, Punjab for offences under Sections 279, 304A, 337, 338, 427 of Indian Penal...


Sep 08 2017

Oriental Insurance. Co. Ltd. Vs.poonam Sharma & Ors.

Court: Delhi

Decided on: Sep-08-2017

$~R-173 & 173A * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:8. h September, 2017 + MAC APPEAL No.89/2010 ORIENTAL INSURANCE. CO. LTD. ..... Appellants Through: Mr. Pankaj Seth, Adv. versus POONAM SHARMA & ORS. ..... Respondent Through: Mr. Nitinjya Chaudhary, Adv. + MAC APPEAL No.210/2010 POONAM SHARMA & ORS. ..... Appellants Through: Mr. Nitinjya Chaudhary, Adv. versus ORIENTAL IN. CO. LTD. & ORS. ........ RESPONDENTS Through: Mr. Pankaj Seth, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Kanti Mohan Sharma, suffered injuries in motor vehicular accident that occurred on 26.12.1997 at about 2:30 PM, statedly due to negligent driving of truck bearing registration No.DL1 767, admittedly insured against third party risk with Oriental Insurance Company Ltd. (appellant in MAC Appeal No.89/2010). His wife and other members of the family dependent upon him (claimants), MAC Appeal No.89 & 210 of 2010 Page 1 of 6 they being appellants in MAC Appeal No.210/2010, instituted...


Sep 08 2017

c.j. International Hotels Ltd. & Ors vs.n.d.m.c. & Ors.

Court: Delhi

Decided on: Sep-08-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :29. h AUGUST, 2017 DECIDED ON :8. h SEPTEMBER, 2017 CS(OS) 610/2000 + C.J.INTERNATIONAL HOTELS LTD. & ORS. ..... Plaintiffs Through : Mr.Amarjit Singh Chandhiok, Sr.Advocate with Mr.Neeraj Kishan Kaul, Sr.Advocate with Mr.M.S.Chandhiok, Mr.Shiv Sapra, Ms.Neha Mehta, Ms.S.Seth, Ms.Shruti Sharma & Mr.A.Gupta, Advocates. versus N.D.M.C. & ORS. CORAM: HON'BLE MR. JUSTICE S.P.GARG Through : Mr.Sanjay Jain, ASG with Mr.Yoginder Handoo, Mr.Akshay Makhija, Ms.Rhea Varma, Mr.Nikhil Bhat & Mr.Vidur Mohan, Advocates for NDMC. ..... Defendants S.P.GARG, J.IA84542017 (u/S141and 151 CPC) 1. The instant application has been filed by the plaintiffs to stay operation of the letters dated 17.02.2016, 07.11.2016, 09.11.2016, 02.03.2017 and 12.07.2017 issued by the defendant No.1 to restrain the defendants from taking coercive steps or to interfere with the possession of the plaintiffs over the land and building in question in any manner whatsoever. T...


Sep 08 2017

Kalu @ Rajinder vs.state

Court: Delhi

Decided on: Sep-08-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: May 11, 2017 Judgment Pronounced on: September 08, 2017 CRL.A. 446/2014 KALU @ RAJINDER ........ Petitioner Through: Mr. Ashutosh Kaushik, Advocate. versus STATE ..... Respondent Through: Ms. Radhika Kolluru, APP for State along with SI Sanjeev Kumar, PS Mayur Vihar, in person. CORAM: HONBLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.1. The present Criminal Appeal challenges the impugned judgment dated 03.01.2014 and order on sentence dated 10.01.2014 in Sessions Case no.whereby the learned Trial Court convicted the appellant herein under section 302 of the Indian Penal Code (in short IPC) and sentenced him to undergo Rigorous Imprisonment for life and also imposed a fine of Rs.1,000/- in default of which he was to further undergo Simple Imprisonment for six months.2. Before proceeding with the case of the prosecution we would like to mention that the appeal of the co-accused Ajit @ Bhure (Cri...


Sep 08 2017

Mujeeb Ahmad and Ors. Vs.dda and Ors.

Court: Delhi

Decided on: Sep-08-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12409/2004, C.M. APPL.2550-51/2005, 11638/2006, Decided on:08. 09.2017 10522/2009 & 7476/2010 MUJEEB AHMAD AND ORS. Through:... Petitioner in person. ........ Petitioners versus DDA AND ORS. ........ RESPONDENTS Through: Sh. Rahul Sharma and Sh. C.K. Bhatt, Advocates, for L&DO. Sh. Hashmat Nabi with Sh. Abhinav Thareja, Advocates, for DWB. Ms. Shobhana Takiar, Advocate, for DDA. Sh. Sanjeev Sabharwal, Advocate, for SDMC. SI Ashok Kumar, Delhi Police. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P. GARG MR. JUSTICE S. RAVINDRA BHAT % C.M. APPL.2550/2005 & W.P.(C) 12409/2004, C.M. APPL.2551/2005, 11638/2006, 10522/2009 & 7476/2010 1. This judgment will dispose of C.M. Appl.2550/2005 as well as the writ petition. The application seeks recall of the judgment of this Court dated 03.11.2004 disposing of the writ petition.2. In the writ petition, said to be in public interest, the claim made was for a direction to the fi...


Sep 08 2017

Santosh Rani vs.state

Court: Delhi

Decided on: Sep-08-2017

$~R-4 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1591/2011 Judgment reserved on:31. t August, 2017 Judgment pronounced on:8. h September, 2017 1. SANTOSH RANI Through: Mr. S. S. Das (Advocate) ..... Appellant Versus STATE Through: Mr. Mukesh Kumar, APP for the State ..... Respondent CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL The present appeal has been preferred by appellant/Santosh Rani under Section 374 of the Code of Criminal Procedure ( hereinafter referred as CrPC) against the impugned judgment dated 19.09.2011 and order on sentence dated 10.10.2011 passed by Additional Sessions Judge, Rohini Courts, Delhi, in case FIR No.86/2008 registered at Police Station -Narcotics Branch, New Delhi, whereby the appellant had been found guilty for possession of 10kg 200grams of Opium, which is punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) and has been sentenced rigorous imprisonment of ten years and ...


Sep 08 2017

Rani Devi vs.union of India

Court: Delhi

Decided on: Sep-08-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:8. h September, 2017 FAO1042012 RANI DEVI Through Mr. Yogesh Swroop, Mr. Kapil K. ..... Appellant Kaushik, Advocates. versus UNION OF INDIA ..... Respondent Through Mr. Rajan Sabharwal, Advocate for Railways. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The appellant has challenged the impugned order dated 18th November, 2011 whereby her application for compensation has been dismissed by the Railway Claims Tribunal.2. The appellant is the widow of late Raj Kumar Gupta who was found in an injured condition on platform No.16 in the evening of 26th February, 2010 whereupon he was taken to LNJP Hospital where he succumbed to the injuries. The appellant filed an application for compensation claiming that the deceased was holding a valid ticket No.M85339487 for travel from New Delhi to Patna and he fell down on platform No.16 while boarding Jan Sadharan Express train which was overcrowded. FAO1042012 Page 1 of 13 3. The Cla...


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