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Delhi Court October 2018 Judgments

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Oct 31 2018

Pankaj Dayal vs.sobhagya Mal Jain

Court: Delhi

Decided on: Oct-31-2018

$~6 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:31. t October, 2018 RFA(OS) 23/2018 & CM APPL. 16495/2018 (Stay) & 16499/2018 PANKAJ DAYAL ..... Appellant Through: Mr.Sudhir Nandrajog, Senior Advocate with Ms.Preet Singh, Advocate. versus CORAM: SOBHAGYA MAL JAIN Through: ..... Respondent HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) CM.APPL164962018 (delay of 690 days) & RFA(OS) 22/2018 1. This is an application under Order XLI Rule-3A of the Code of Civil Procedure, 1908 read with Section 5 of the Limitation Act, 1963 and Section 151 of the Code of Civil Procedure seeking condonation of delay of 690 days in filing the present appeal.2. Mr. Sudhir Nandrajog, learned senior counsel appearing for the applicant/appellant submits that delay has been on account of reasons beyond the control of the applicant/appellant. The applicant/appellant had engaged services of a counsel, paid his fees and he was under the impression that he ...


Oct 31 2018

State of U P vs.suresh Chand Sharma & Ors.

Court: Delhi

Decided on: Oct-31-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:6. h September, 2018 Decided on:31. t October, 2018 + CRL.A. 574/2015 & Crl.M.A.No.8003/2015 ZULFIKAR NASIR & ORS. ... Appellants Through: Ms. Rebecca John, Sr. Advocate with Mr. Harsh Bora, Ms. Ratna Appender & Ms. Megha Bahl, Advocates. versus STATE OF UTTAR PRADESH & ORS. ...... RESPONDENTS Through: Mr. Kaushal Yadav, PP with Mr. Ram Kishor Singh Yadav, AOR and Mr. Zaki Ahmed Khan, Mr. Nandlal Kumar Mishra, Mr. Sanjay Bhardwaj & Mr. Vikas Bhadauria, Advocates for State of UP. Mr. Gopal Krishna & Mr. B.P. Sharma, Advocates for Respondent Nos.2, 12 & 15. Mr. Aamir Khan, Advocate for Respondent Nos.3, 6, 7 & 8. Mr. L.D. Mual, Mr.R.P.Duggal, Mr. Virender K. Mual & Mr. Yoginder Singh, Advocates for Respondent Nos. 4, 9, 10, 11 & 13. Mr.S.A.A Abdi, Advocate Additional SPP. Ms. Vrinda Grover & Mr. Soutik Bannerjee, for Intervenor/NHRC. Advocates for Crl.A.574, 629 and 884 of 2015 Page 1 of 73 + CRL.A. 629/2015 & Crl. M. A. Nos. 7952/201...


Oct 31 2018

Atul Kumar Tomar vs.state of Nct of Delhi & Anr.

Court: Delhi

Decided on: Oct-31-2018

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:31. 10.2018 CRL.REV.P. 954/2018 ATUL KUMAR TOMAR ........ Petitioner versus STATE OF NCT OF DELHI & ANR Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : : ........ RESPONDENTS Mr. Ashish Kumar Singh, Advocate. Mr. Hirein Sharma, APP for the State. SI Amolak, PS Najafgarh. JUDGMENT3110.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.35381/2018 (exemption) CRL.REV.P. 954/2018 & Crl.M.A.35382/2018 (stay) Exemption is allowed subject to all just exceptions.1.... Petitioner is aggrieved by order dated 12.09.2018, whereby, the Trial Court, while recording the evidence of PW2 Ghanshyam Mishra, has recorded that cross was not conducted by the counsel for the accused despite an opportunity being given. CRL.REV.P. 954/2018 Page 1 of 3 2. Learned counsel for the petitioner submits that the counsel for the petitioner/accused was in the High Court arguing a...


Oct 31 2018

Alimenta s.a. Vs.n.a.c.m.f.of India

Court: Delhi

Decided on: Oct-31-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:08. h October, 2018 Pronounced on:31. t October, 2018 + EX.P. 204/2002 and EA.(OS) Nos.434/2011, 543/2011, 62/2012 ALIMENTA S.A. ..... Decree Holder Through : Mr.Arvind K Nigam, Sr Advocate Swarup, with Mr.Shailendra Ms.Bindu Saxena, Ms.Aparajita Swarup, Mr.Mikhil Sharda and Mr.Mehtaab Sandhu, Advocates. Singh versus N.A.C.M.F.OF INDIA ..... Judgment Debtor Through : Mr.A.K.Thakur, Mr.Aaditya Vijay Kumar, Mr.Anurag Tiwari and Ms.Akshita Katoch, Advocates. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.EA (OS) No.392/2017 1. The decree holder moves this application under Order XXI read with Section 151 CPC for direction to the judgment debtor to deposit the decretal amount with interest.2. The following are the relevant facts for determining this application:-"a) on 13.02.1981 the decree holder invoked arbitration to be held in London under FOSFA (Fats, Oils, Seeds & Fats Association) Rules as disputes had arisen betw...


Oct 31 2018

Saraswati Deep College of Education vs.national Council for Teacher Ed ...

Court: Delhi

Decided on: Oct-31-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. t October, 2018 LPA6192018 & CM. Nos. 45733/2018, 45734/2018 and 45735/2018 SARASWATI DEEP COLLEGE OF EDUCATION Through: Mr. Sanjay Sharawat, Adv. with Mr. Divyank Rana & Mr. Ashok Kumar, Advs. ..... Appellant versus NATIONAL COUNCIL FOR TEACHER EDUCATION & ANR Through: Ms. Arunima Dwivedi, SC for NCTE/R-1 & 2 ..... Respondent % + CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) CM. No.45733/2018 Exemption allowed subject to all just exceptions. Application stands disposed of. LPA6192018 1. This Intra-Court appeal has been filed by the appellant challenging the order passed by the learned Single Judge dated October 05, 2018 whereby the learned Single Judge has dismissed the writ petition filed by the petitioner, wherein the appellant has LPA6192018 Page 1 of 8 challenged the action of the NCTE returning the appellant Institutions applications seeking recognition for B.Ed courses...


Oct 31 2018

Joginder @ Mintu vs.the State Govt of Nct of Delhi

Court: Delhi

Decided on: Oct-31-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:1. t October 2018 Decided on:31. t October 2018 + CRL.A. 218/2018 & CRL.M.(BAIL) 311/2018 JOGINDER @ MINTU ...Appellant Through: Mr. Hans Raj Singh, Advocate THE STATE GOVT OF NCT OF DELHI ....Respondent Through: Mr. Kewal Singh Ahuja, APP with SI versus Bhagat Singh, PS Ashok Vihar. Mr. Rajiv Mohan, Mr. Abhimanyu Kampani, Mr. Abhishek Shrivastava, Ms. Priyanka Singh, Mr. Ankur Rai, Mr. M.A. Karthik, Mr. Yuvraj Nain & Mr. Manish Phogat, Advocates for the Complainant. + CRL.A. 319/2018 & CRL.M.(B) 446/2018 VIKAS CHAUDHARY ...Appellant Through: Mr. Ajay Burman, Senior Advocate with Mr. Rajesh Harnal, Ms. Tanya Harnal, Mr. Sahil Verma and Ms. Sadhvi Gaur, Advocates. STATE (NCT OF DELHI) ....Respondent Through: Mr. Kewal Singh Ahuja, APP with SI versus Bhagat Singh, PS Ashok Vihar. Mr. Rajiv Mohan, Mr. Abhimanyu Kampani, Mr. Abhishek Shrivastava, Ms. Priyanka Singh, Mr. Ankur Rai, Mr. M.A. Karthik, Mr. Yuvraj Nain & Mr. Manish Phogat...


Oct 31 2018

Karan Mutha vs.state

Court: Delhi

Decided on: Oct-31-2018

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:31. 10.2018 + W.P. (CRL.) 3066/2018 KARAN MUTHA ........ Petitioner STATE versus ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Akshay Bhandari, Adv. along with petitioner in person. For the Respondent : Ms. Kamna Vohra, ASC for the State CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT3110.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 04.10.2018 whereby application of the petitioner seeking cancellation of NBWs was dismissed and the petitioner was sent to judicial custody.2.... Petitioner is facing trial for offences under Sections 3, 4, 9 and 55 of the Gambling Act.... Petitioner was granted bail by the Trial Court. However, petitioner failed to appear before the trial court on 04.09.2018, when the trial noticed that earlier also petitioner had failed to appear and NBWs were issued, however, the same were recalled subject to fine of Rs. 10,000/-. W.P. (C...


Oct 31 2018

Vishnu Kumar vs.the State

Court: Delhi

Decided on: Oct-31-2018

$~27 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"31st October, 2018 BAIL APPLICATION NO.2587/2018 and Crl.M.A.35414/2018 VISHNU KUMAR ........ Petitioner Through: Mr. Mohit Mathur, Senior versus Advocate with Mr. R.K. Tarun, & Mr. Rohit Shukla, Advocates THE STATE Through: Mr. Amit Ahlawat, APP for the ..... Respondent State Mr. Deepak Dewan, Advocate for complainant. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The involvement of the petitioner has been alleged in the acts of commission and omission forming subject matter of the on-going investigation into first information report (FIR) No.1990/2013 of Police Station Karol Bagh, the said acts constituting offences punishable under Sections 420/468/4of Indian Penal Code, 1860 (IPC). He has come up to this court by the present application seeking anticipatory bail, he having failed to obtain such relief from the court of Sessions on similar application (Bail Application No.2966/18) which was dismissed by order dated 1...


Oct 31 2018

Surender Kumar Aggarwal vs.the Zonal Manager & Ors

Court: Delhi

Decided on: Oct-31-2018

% + * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. t October, 2018 LPA7392017 SURENDER KUMAR AGGARWAL Through: In person. versus THE ZONAL MANAGER & ORS ..... Appellant ........ RESPONDENTS Through: Mr. Sanjay Rajawat, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) 1. The present appeal has been filed by the appellant challenging the order dated 13th July, 2017 passed by the learned Single Judge in W.P.(C) 8285/2016, whereby the writ petition filed by the appellant challenging his order of termination as an agent of Life Insurance Corporation (LIC in short) was dismissed.2. The facts as noted from the record are that the appellant was appointed as an agent of LIC on 27th February, 1986. His two sons, namely Mr. Khayati Aggarwal and Mr. Neeraj Aggarwal were also appointed as LIC LPA No.739/2017 Page 1 of 7 agents. On 9th June, 2010, an LIC policy holder filed a complaint against Mr. Khayati Aggarwal, wherein it was all...


Oct 31 2018

Deepak Singla vs.kanta Nagpal

Court: Delhi

Decided on: Oct-31-2018

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31. t October, 2018 CS(OS) 2841/2012 DEEPAK SINGLA ..... Plaintiff Through: Mr.Arun Vohra and Mr.Dilip Kumar, Advocates versus KANTA NAGPAL ..... Defendant Through: Mr.Dinesh Garg and Ms.Rachna Agrawal, Advocates with defendant in person CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The plaintiff instituted this suit for specific performance of the agreement dated 28th January, 2010 in respect of second floor apartment along with one servant quarter, two car parking spaces in the driveway and terrace rights in property bearing No.S-513, Greater Kailash-II, New Delhi, hereinafter referred to as the suit property.2. On 28th January, 2010, the plaintiff entered into an agreement (Ex.P-1) with the defendant to purchase the suit property for a total sale consideration of Rs.5,10,00,000/-. The plaintiff paid advance money of Rs.50,00,000/- to the defendant at the time of the agreement and the balance sale consideration was a...


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