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Delhi Court October 2018 Judgments

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Oct 10 2018

Sunil Kapoor vs.himmat Singh & Ors

Court: Delhi

Decided on: Oct-10-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h October, 2018 SUNIL KAPOOR RFA2932017 ..... Appellant Through: Mr. Akshay Makhija with Mr. Aditya Goyal, Ms. Mahima Bahl & Ms. Seerat Deep Singh, Advs. Versus HIMMAT SINGH & ORS ........ RESPONDENTS Through: Mr. Sanjiv Kakra, Mr. Irfan Khan & Ms. Savi Abbot, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This First Appeal under Section 96 of the Code of Civil Procedure Code, 1908 (CPC) impugns the judgment and decree [dated 24th December, 2016 in Suit No.193/(Unique Case ID No.02406C0024022016) of the Court of Additional District Judge-04, South-East]. of dismissal of the suit filed by the appellant / plaintiff for specific performance of an Agreement of Sale of property described as first floor of house No.N-246, Greater Kailash, Part-I, New Delhi.2. This appeal came up first before this Court on 15th March, 2017 when the counsel for the respondents / defendants appeared on caveat. The appeal, on 14th December,...


Oct 10 2018

Anwar Khan & Anr vs.the State Govt of Nct of Delhi & Anr

Court: Delhi

Decided on: Oct-10-2018

Judgment delivered on:10.10.2018 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 1381/2018 ANWAR KHAN & ANR versus ........ Petitioners THE STATE GOVT OF NCT OF DELHI & ANR ...... RESPONDENTS Advocates who appeared in this case: For the... Petitioners : Mr. Saurabh Jhamb with Mr. Abbas Khan and Mr. Mohsin Qureshi, Advocates. For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Panna Lal Sharma, APP for the State. ASI Vijay Singh, PS Jafrabad. : JUDGMENT1010.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek quashing of FIR No.283/2017 under Sections 288/341/336/5IPC, Police Station Jafrabad.2. Parties are neighbours. The subject FIR was registered consequent to demolition of a common wall between properties of the parties.3. Learned counsel for the petitioners submits that the parties have settled their disputes and a Settlement Agreement dated 05.03.2018 has been executed between the parties. Respondent No.2 is present in person and is identified by th...


Oct 10 2018

Vikas Tiwari & Ors vs.state & Anr

Court: Delhi

Decided on: Oct-10-2018

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 5199/2018 Judgment delivered on:10.10.2018 VIKAS TIWARI & ORS ........ Petitioners STATE & ANR versus ........ RESPONDENTS Advocates who appeared in this case: Mr. Chaman Sharma, Adv. For the... Petitioner : For the... RESPONDENTS : CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Raghuvinder Verma, Addl. PP for the State with ASI Ram Dass Mr. Sanjay Kumar, Adv. for R-2 with R-2 in person. JUDGMENT1010.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 33996/2018 (Exemption) Allowed, subject to all just exceptions. CRL.M.C. 5199/2018 1.... Petitioners seek quashing of FIR No.197 of 2017 under Sections 498A/4IPC registered at Police Station Gokal Puri, CRL.M.C. 5199/2018 Page 1 of 3 Delhi, based on a settlement.2. 3. Subject FIR emanates out of matrimonial discord. Learned counsel for the petitioners submits that the parties have settled their disputes before the Delhi Mediation Centre, Karkardooma Courts, Delhi and settlement dated 12.07...


Oct 10 2018

Union of India vs.bharat Battery Manufacturing Company Pvt Ltd. & Anr

Court: Delhi

Decided on: Oct-10-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :27. h September, 2018 Date of decision :10th October, 2018 O.M.P. 531/2008 UNION OF INDIA ........ Petitioner Through: Mr. R.V. Sinha and Mr. A.S. Singh, Advocates. (M:9868230464) versus BHARAT BATTERY MANUFACTURING COMPANY PVT LTD. & ANR ........ RESPONDENTS Through: Mr. Rajesh Banati, Mr. Ankit Banati and Mr. B.K. Goswami, Advocates. (M:9810294894) CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.The present petition challenges the impugned award dated 24th June, 1. 2008 passed by the Learned Sole Arbitrator Justice K.S. Gupta (Retired). The brief background of the case is that a tender was called by the Union of India for supply of batteries. The Respondent submitted its offer on 7th October, 2002. The batteries were secondary lead acid portable of 6V170AH and 12V75H, for which the Respondent quoted a price of Rs.2070 and Rs.1871 per battery respectively. The supplies were for Defence requirements. The offer ...


Oct 10 2018

Saurabh Sharma vs.bharti Axa General Insurance Co Ltd & Anr

Court: Delhi

Decided on: Oct-10-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of Decision: October 10, 2018 + MAC.APP. 1014/2017 BHARTI AXA GEN INSURANCE CO. LTD. Through: Mohammad Mustafa, Advocate ..... Appellant versus SAURABH SHARMA ..... Respondent Through: Mr. Rahul Rohtagi and Mr. Syed Ajmal Hasan, Advocates + MAC.APP. 1085/2017 1. SAURABH SHARMA ..... Appellant Through: Mr. Rahul Rohtagi and Mr. Syed versus Ajmal Hasan, Advocates BHARTI AXA GENERAL INSURANCE CO LTD & ANR .....Respondents Through: Mohammad Mustafa, Advocate for respondent-Insurer CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 16th September, 2017 grants compensation of `18,98,228/- with interest @ 9% per annum to Saurabh Sharma (hereinafter referred to as Injured), aged 33 years, on account of grievous injuries suffered by him in a vehicular accident, which took place on 12th December, 2013. MAC.APPs. 10& 1085/2017 Page 1 of 6 2. In the above-captioned first appeal, Bharti Axa General Insurance Co. Ltd. (hereinafter r...


Oct 10 2018

Ajay vs.the State (n.c.t. Of Delhi)

Court: Delhi

Decided on: Oct-10-2018

Judgment delivered on:10.10.2018 $~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + BAIL APPLN. 2151/2018 AJAY THE STATE (N.C.T. OF DELHI) versus ........ Petitioner ..... Respondent Mr. B. S. Rana, Mr. Ronak Singh and Mr. Amit Sharma, Advocates Advocates who appeared in this case: For the... Petitioner : For the... RESPONDENTS : CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Raghuvinder Verma, APP for State ASI Ramdev, Narcotics Cell, Crime Branch. JUDGMENT1010.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.32026/2018 (exemption) Exemption is allowed subject to all just exceptions. BAIL APPLN. 2151/2018 1.2. Issue notice. Notice is accepted by learned APP for the State. Learned APP for the State has filed the status report, the same be taken on record. BAIL APPLN. 2151/2018 Page 1 of 3 3.... Petitioner seeks interim bail for a period of one month in FIR No.94/2018 under Section 21(C) NDPS, Police Station Crime Branch on the ground of illness of his wife and surgery for gallbladder stone.4. A...


Oct 10 2018

Prem Prakash vs.nirmala Kumari

Court: Delhi

Decided on: Oct-10-2018

$~63 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:10. h October, 2018 + MAT.APP.(F.C.) 263/2018 & CM No.42331/2018 (stay), 42332/2018 (delay) PREM PRAKASH ..... Appellant Through: Ms.Shantha Devi Raman and Mr.Arihant Jain, Advocates. versus NIRMALA KUMARI Through: ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) CM423332018 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. MAT.APP.(F.C.) 263/2018 & CM No.42331/2018 (stay), 42332/2018 (delay) 1. Challenge in this appeal is to the order dated 01.05.2017 passed by the learned Family Court on an application filed by the respondent/wife under Section 24 of the Hindu Marriage Act. The Court has fixed maintenance @ Rs.25,000/- per month for the wife after assessing the income of the appellant to be Rs.88,145/-. It may be noted that the marriage between the parties was solemnized in the year 1983 and a son wa...


Oct 10 2018

Shiv Karan @ Shokaran Singh & Ors vs.the State & Ors

Court: Delhi

Decided on: Oct-10-2018

........ Petitioners Judgment delivered on:10. 10.2018 versus THE STATE & ORS CRL.M.C. 5029/2018 BIJENDER @ VIJENDRA SINGH & ORS $~36 & 42 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + + Advocates who appeared in this case: For the... Petitioners : For the... RESPONDENTS: THE STATE & ORS CRL.M.C. 5083/2018 SHIV KARAN @ SHOKARAN SINGH & ORS. ...Petitioners versus Mr. Vinay Kumar with Ms. Pavitra Veer Singh and Mr. Lokesh Bharti, Advocates for the petitioners. Mr. Kamal Kumar Ghai, APP for the State with SI Kuldeep, PS Gazipur. Ms. Lalita and Mr. Ashok Kumar Sharma, Advocates for the complainant in CRL.M.C. 5029/2018 ........ RESPONDENTS ........ RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1010.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.33384/2018 (exemption) in CRL.M.C. 5029/2018 Crl.M.A.33571/2018 (exemption) in CRL.M.C. 5083/2018 Exemptions are allowed subject to all just exceptions. CRL.M.C.5029/2018 & Crl.M.C.5083/2018 Page 1 of 3 CRL.M.C. 5029/2018 & CRL.M.C. 5083/2...


Oct 10 2018

M/S S D Infosys & Anr vs.state & Anr

Court: Delhi

Decided on: Oct-10-2018

$~6 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:10. h October, 2018 + CRL.M.C. 4404/2015 M/S S D INFOSYS & ANR ........ Petitioners Through: Mr. Bartha Rastogi, Mr. Vijay Aggarwal & Mr. Shailesh Pandey, Advocates. versus STATE & ANR ........ RESPONDENTS Through: Mr. Mukesh Kumar, APP for the State. Ms. Ruchika Singh, Adv. for R CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioners are facing trial in complaint case (CC No.121/01/2014) instituted by the second respondent alleging offence under Section 138, Negotiable Instruments Act, 1881 (NI Act) in the court of Metropolitan Magistrate, New Delhi, the accusations primarily being that cheque bearing No.519567 dated 22.03.2011 had been issued against the account of the first petitioner with Allahabad Bank, East Patel Nagar, New Delhi in the sum of Rs. 2,57,35,677.83 in favour of the complainant (second respondent), which, upon presentation, was returned unpaid, no payment having been made in spite of notice of deman...


Oct 10 2018

Dredging Corporation of India vs.mercator Limited

Court: Delhi

Decided on: Oct-10-2018

$-17 to 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. 10.2018 + O.M.P. (COMM) 334/2018 (18) O.M.P. (COMM) 335/2018 (19) O.M.P. (COMM) 336/2018 DREDGING CORPORATION OF INDIA ........ Petitioner Through: Mr.V.Seshagiri, Mr.Siddharth Sachar, Mr.Varun Loonkar, Advs. versus MERCATOR LIMITED ..... Respondent Through: Mr.Sandeep Sethi, Sr. Adv. with Mr.A.K.Gupta, Mr.Prashant Bhardwaj, Mr.Amitava Majumdar, Mr.Arjun Mital, Ms.Tripti Sharma, Advs. for respondent in OMP(Comm.) No.334/2018 Mr.Arvind Kumar Gupta, Mr.Amitava Majumdar, Bhardwaj, Mr.Gajanand Kirodiwar, Mr.Arjun Mittal, Ms.Tripti Sharma, Advs. for respondent in OMP (Comm.) Nos.335&336/2018. Mr.Prashant CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. The respondent has challenged the jurisdiction of this Court to entertain these petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act).2. The ground of challenge is that the seat of arbitration in t...


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