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Delhi Court October 2018 Judgments

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Oct 11 2018

Gajender Singh & Ors vs.state (Nct of Delhi) & Ors.

Court: Delhi

Decided on: Oct-11-2018

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 5216/2018 Judgment delivered on:11.10.2018 GAJENDER SINGH & ORS STATE (NCT OF DELHI) & ORS. versus ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : For the... RESPONDENTS : Ms. D.K. Sharma, Adv. Mr. Kewal Singh Ahuja, Addl. PP for the State with SI Sanjogita Mr. Rohit Dahiya, Adv. for R-3 with R-3 in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1110.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 34081/2018 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 5216/2018 1.... Petitioners seek quashing of FIR No.411 of 2016 under Sections 323/354/377/5IPC registered at Police Station Palam Village, Delhi, based on a settlement. CRL.M.C. 5216/2018 Page 1 of 3 2.3. Subject FIR emanates out of matrimonial discord. The allegations under Section 377 of the IPC in the FIR have been made by respondent No.3 (wife) against her husband/petitioner.4. Learned counsel for...


Oct 11 2018

Abhay Singh Chandel & Ors vs.govt of Nct of Delhi & Anr

Court: Delhi

Decided on: Oct-11-2018

$~6 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h October, 2018 + CRL.M.C. 1290/2015 ABHAY SINGH CHANDEL & ORS ........ Petitioners Through: Mr. Aldanish Rein & Ms. Maheravish Rein, Advs. versus GOVT OF NCT OF DELHI & ANR ........ RESPONDENTS Through: Ms. Meenakshi Dahiya, APP for the State with SI Tahir Hussain, PS Bharat Nagar. Mr. Praveen Chandra, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent was married to first petitioner as per Hindu Rites and Ceremonies, according to her version, on 01.07.2009. On 13.10.2012, she lodged first information report (FIR) No.232/2012 with police station Bharat Nagar alleging offences punishable under Sections 498A/406 of Indian Penal Code, 1860 (IPC) against her husband (the first petitioner), his father (the second petitioner) and his mother (the third petitioner). On conclusion of the investigation, police filed report under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) on which c...


Oct 11 2018

Amar Singh vs.state & Anr.

Court: Delhi

Decided on: Oct-11-2018

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 10.2018 CRL.REV.P. 793/2018 AMAR SINGH versus STATE & ANR. ........ Petitioner ........ RESPONDENTS Mr. Arun Kumar, Advocate with petitioner in person. : Advocates who appeared in this case: For the... Petitioner For the Respondent CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : Mr. Sanjeev Sabharwal, APP for the State. Respondent No.2 in person. JUDGMENT1110.2018 SANJEEV SACHDEVA, J.(ORAL) CRL.REV.P. 793/2018 & Crl.M.(Bail) 1449/2018( for suspension of sentence) 1. The petitioner impugns judgment dated 21.08.2018 of the appellate court, whereby the appeal of the petitioner impugning order on conviction and order on sentence dated 26.05.2018 has been dismissed. CRL.REV.P. 793/2018 Page 1 of 3 2. The petitioner has been convicted of an offence under Section 138 of the Negotiable Instruments Act. Subject cheque was of Rs. 94,000/-.3. Learned counsel for the petitioner submits that the parties have settled their dis...


Oct 11 2018

New Delhi House Flat Owners Association (Regd.) vs.j&s Travel Pvt. Ltd ...

Court: Delhi

Decided on: Oct-11-2018

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. 10.2018 CO.PET. 748/2016 NEW DELHI HOUSE FLAT OWNERS ASSOCIATION (REGD.) ........ Petitioner Through Ms.Sunita Bhardwaj, Adv. for the petitioner. Mr.Ashok Nagrath, Adv.for petitioner (both counsel dispute the authority of each other) the Versus J&S TRAVEL PVT. LTD. ..... Respondent Through Mr. Aaditya Vijaykumar, Advocate. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under section 433(e) and 434 of the Companies Act, 1956 for winding up of the respondent company. It is stated that the petitioner is an Association being registered under the Societies Registration Act, 1860 and is responsible for renovation of the building New Delhi House which was constructed in 1974. It is further stated that the respondent company is indebted to the petitioner for a sum of Rs.1,05,000/- The petitioner raised invoice/bills bearing No.19 of 2016 for external renovation of the building New Delh...


Oct 11 2018

Nccl-Premco(jv) vs.rail Vikas Nigam Limited

Court: Delhi

Decided on: Oct-11-2018

$-44 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. 10.2018 + ARB.P. 627/2018 NCCL-PREMCO(JV) ........ Petitioner Through: Dr.Amit George, Mr.Rishabh Dheer, Mr.Swaroop George, Ms.Rajshree Ajay, Advs. versus RAIL VIKAS NIGAM LIMITED Through: Mr.Anil Seth, Adv. ..... Respondent CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner seeking appointment of a nominee Arbitrator on behalf of the respondent and the Presiding Arbitrator for constituting the Arbitral Tribunal to adjudicate the disputes that have arisen between the parties in relation to the work of Construction of Roadbed, Major and Minor Bridges, Track Linking (Excluding supply of Rail and PSC sleepers), General Electrical, Traction and Signal & Telecommunication works (Outdoor) in connection with Doubling with Railway Electrification of Gudivada - Bhimava...


Oct 11 2018

State Bank of India vs.sanjay Kumar

Court: Delhi

Decided on: Oct-11-2018

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:11. h October, 2018 + W.P.(C) 570/2018 & CM No.2514/2018 1. STATE BANK OF INDIA Through: versus SANJAY KUMAR Through: ........ Petitioner Ms. Savita Singh, Adv. ..... Respondent Mr. Ankit Khera, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) This writ petition, at the instance of the State Bank of India, assails Award dated 14th June, 2017, passed by Sh. Harbansh Kumar Saxena, the Presiding Officer, CGIT-II, Karkardooma.2. In view of the order that I propose to pass, it is not necessary to make any reference to the contents of the said Award, or the ultimate decision therein.3. Annexure P-3 and P-2, to the writ petition, are the orders passed by the said Presiding Officer on 2nd May, 2017 and 9th May, 2017. They read thus : Order dated 2nd May, 20 Present: B.S. Rawat, Ld. A/R for the workman. W.P.(C). 570/2018 Page 1 of 6 Ms. Savita, Ld. A/R for the management. Ld. A/R for the management filed an applicat...


Oct 11 2018

Haji Abdul Mateen (Deceased) Through Lrs. Vs.rattan Singh

Court: Delhi

Decided on: Oct-11-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h October, 2018 EX.F.A. 2/2018 HAJI ABDUL MATEEN (DECEASED) THROUGH LRS. .Appellant Through: Mr. Anand Yadav, Mr. Anita Tomar, Mr. Shoaib Haider, Ms. Kulsum Haider, Mr. Navjot Kumar, Advs. RATTAN SINGH Versus ..... Respondent Through: Mr. Debasis Mishra, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No.32249/2018 (for restoration of the appeal dismissed in default on 11th July, 2018) This order is in continuation of the earlier order dated 10th August, 1.2018.2. Though there is no sufficient cause for restoration of the appeal dismissed in default on 11th July, 2018 but still, in the interest of justice, subject to the appellant paying costs of Rs.25,000/- to the respondent, the appeal is restored to its original position.3. Costs have been paid by the counsel for the appellant/plaintiff to the respondent/defendant in person.4. The application is allowed and disposed of. EX.F.A. 2/2018 5.6. The counsel for the a...


Oct 11 2018

Association of Apartment Owners of New Delhi House (Regd.) vs.auto Con ...

Court: Delhi

Decided on: Oct-11-2018

$~ CP-27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:11. 10.2018 CO.PET. 741/2016 ASSOCIATION OF APARTMENT OWNERS OF NEW DELHI HOUSE (REGD.) ........ Petitioner Through Ms.Sunita Bhardwaj, Adv. for the petitioner. Mr.Ashok Nagrath, Adv.for petitioner (both counsel dispute the authority of each other) the Versus AUTO CONTROL PVT. LTD. ..... Respondent Through Mr.Peeyoosh Kalra and Ms.Sona Babbar, Advocates. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under section 433(e) and 434 of the Companies Act, 1956 for winding up of the respondent company.2. The case of the petitioner is that the petitioner association is a society registered under the Societies Registration Act, 1860 and is also acting in consonance with the Delhi Apartment Ownership Act, 1986. It is also stated that the petitioner raised invoice Bill No.35 of 2016 for Rs.1,05,000/- against the respondent towards augmented and upgraded electric installations of the bu...


Oct 11 2018

Mohd. Gulzar vs.the State (Govt. Of Nct Delhi)

Court: Delhi

Decided on: Oct-11-2018

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 4811/2018 Judgment delivered on:11. 10.2018 MOHD. GULZAR ........ Petitioner versus Advocates who appeared in this case: THE STATE (GOVT. OF NCT DELHI) ..... Respondent Mr. Murari Tiwari with Mr. Rahul Kumar, Advocates. For the... Petitioners : . For the... RESPONDENTS : CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Ms. Neelam Sharma, APP for the State. SI Pushpendra, PS Bara Hindu Rao. JUDGMENT1110.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.32553/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4811/2018 & Crl.M.A.32554/2018 (stay) 1. Issue notice. Notice is accepted by the learned APP for the State. CRL.M.C. 4811/2018 Page 1 of 4 2. With the consent of the parties, petition is taken up for hearing today.3.... Petitioner impugns order dated 26.05.2018, whereby, the application of the petitioner under Section 311 Cr.P.C. for recall of PW-2 for cross-examination on behalf of the petitioner accused was dis...


Oct 11 2018

Yash Bindlish & Ors vs.state & Anr

Court: Delhi

Decided on: Oct-11-2018

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 5236/2018 Judgment delivered on:11.10.2018 YASH BINDLISH & ORS ........ Petitioners STATE & ANR versus ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : For the... RESPONDENTS : Mr. Abhijit Acharya, Adv. Mr. Panna Lal Sharma, Addl. PP for the State with SI Rahul Soni Ms. Namita Roy, Adv. for R-2 with R-2 in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1110.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 34145/2018 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 5236/2018 1.... Petitioners seek quashing of FIR No.75 of 2016 under Sections 498A/4IPC registered at Police Station Greater Kailash, New Delhi, based on a settlement. CRL.M.C. 5236/2018 Page 1 of 3 2.3. Subject FIR emanates out of matrimonial discord. Learned counsel for the petitioners submits that parties have settled their disputes and settlement dated 25.06.2018 has been executed between the parties.... Petitio...


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