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Delhi Court October 2018 Judgments

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Oct 08 2018

Islam vs.state

Court: Delhi

Decided on: Oct-08-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. h September 2018 Decided on:8. h October 2018 + CRL.A. 1029/2017 + + RAMESH @ PINDARI Through: Ms. ..... Appellant Inderjeet Sidhu, Advocate STATE ISLAM STATE (DHCLSC). versus Through: Mr. Hirein Sharma, APP for State. ..... Respondent CRL.A. 1122/2017 ..... Appellant Through: Mr. Dhruv Gupta, Advocate (DHCLSC). versus Through: Mr. Hirein Sharma, APP for State. ..... Respondent CRL.A. 14/2018 & CRL.M.B. 15/2018 BEERU STATE ..... Appellant Through: Mr. Biswajit Kumar Patra, Advocate (DHCLSC). versus Through: Mr. Hirein Sharma, APP for State. ..... Respondent CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL Crl. A. Nos. 1029, 1122 of 2017 & 14 of 2018 Page 1 of 26 Dr. S. Muralidhar, J.: JUDGMENT1 The present appeals are directed against the judgement dated 18th September 2017 passed by the learned Additional Sessions Judge, Special Fast Track Court-2 (Central) (the trial Court) in SC No.27600/2016 arising out of FIR No.26/2015 c...


Oct 08 2018

Union of India & Anr. Vs.m/s Ranganathan Enterprises

Court: Delhi

Decided on: Oct-08-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.409-10/2006 + % UNION OF INDIA & ANR. 8th October, 2018 ..... Appellants None. Through: versus M/S RANGANATHAN ENTERPRISES ..... Respondent Through: None. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiffs in the suit impugning the judgment of the Trial Court dated 12.04.2004 by which the trial court has dismissed the suit for recovery of Rs.10,25,728.27 along-with interest filed by the appellant/plaintiff/Union of India against the respondent/defendant/partnership firm being the balance due on account of lottery tickets supplied by the appellants/plaintiffs RFA4092006 Page 1 of 10 to the respondent/defendant. The Trial Court has dismissed the suit on the sole ground that the documents filed by the appellants/plaintiffs were not proved on record. At this stage itself,...


Oct 08 2018

Vipin Kumar Sharma & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Oct-08-2018

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + VIPIN KUMAR SHARMA & ORS. CRL.M.C. 5136/2018 Judgment delivered on:08. 10.2018 ........ Petitioners versus STATE & ANR. Advocates who appeared in this case: ........ RESPONDENTS For the... Petitioners : For the... RESPONDENTS : Mr.Manmohan & Mr.Manoj Kumar Sharma, Advocates with petitioners in person. Mr.Hirein Sharma, APP for the State Mr.Sushant Sagar, Advocate for R-2 with R-2 in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0810.2018 SANJEEV SACHDEVA, J.(ORAL) CRL.M.A.Nos.33802-33803/2018 Exemption allowed, subject to all just exceptions. The applications are disposed of. CRL.M.C. 5136/2018 Page 1 of 3 CRL.M.C. 5136/2018 1.... Petitioners seek quashing of FIR No.291 of 2016 under Sections 406/498A/34 IPC, registered at Police Station Jagat Puri and consequent proceedings emanating therefrom, based on a settlement.2. 3. Subject FIR emanates out of matrimonial discord. It is stated by the learned counsel for the petition...


Oct 08 2018

Ashu Khan vs.state ( Govt of Nct of Delhi)

Court: Delhi

Decided on: Oct-08-2018

$~25 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:08. h October, 2018 + BAIL APPLN. 2366/2018 and Crl. M.A. 33830/2018 ASHU KHAN Through: Mr. Lokesh Kumar Mishra and ........ Petitioner versus Mr. Himanshu Sharma, Advs. STATE ( GOVT OF NCT OF DELHI) ..... Respondent Through: Mr. Ashish Dutta, APP for State with SI Pradeep Kumar, PS Model Town, Delhi Mr. Kanwar Kochhar, Adv. for complainant CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner had earlier moved bail application bearing No.2465/2016 which was withdrawn on 03.07.2018 on the basis of submissions made by the counsel then engaged that he had been instructed to do so. At the time of withdrawal of the said bail application, the petitioner had also informed the Court that he would like to appear before the investigating officer and, thereafter, if need be, apply for regular bail in the event of he being arrested.2. After three months, the present application has been moved again for release on anticipatory ...


Oct 08 2018

Vasdev Brothers vs.estate Officer, Itdc Limited and Anr

Court: Delhi

Decided on: Oct-08-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * % + W.P.(C) 315/2012, CM No.19850/2018 (for condonation of 60 days delay in filing written submissions) & CM No.667/2012 (for stay) Date of decision:8. h October, 2018. VASDEV BROTHERS Through: Mr. Uttam Datt, Adv. ........ Petitioner Versus ESTATE OFFICER, ITDC LIMITED AND ANR ....Respondents Through: Mr. Sushant Kumar & Ms. Shikha Singh, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This petition under Article 226 of the Constitution of India was filed impugning the order [dated 24th December, 2011 in PPA Nos.23/2011 (Unique Case ID No.02403C0035662011) & 24/2011 (Unique Case ID No.02403C0035652011) of the Court of District Judge, New Delhi acting as the Appellate Officer under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (PP Act)]. of dismissal of appeal, save for modifying the rate of interest, preferred by the petitioner against the order [dated 15th April, 2011 of the respondent no.1 Estate Office...


Oct 08 2018

Danish vs.state

Court: Delhi

Decided on: Oct-08-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:25. h September, 2018 Decided on:8. h October, 2018 + DANISH STATE CRL.A. 38/2017 .....Appellant Through: Mr. Pramod Kumar Dubey, Advocate with Ms. Pinky Dubey, Mr.Saurabh Kumar, Ms. Shivika Singh and Mr. Prince Kumar, Advocates. versus ....Respondent Through: Mr. Hirein Sharma, APP for CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL the State. JUDGMENT Dr. S. Muralidhar, J.:1. This appeal is directed against the judgment dated 24th February 2016 passed by the learned Additional Sessions Judge-02 (South-East), Saket Courts, New Delhi in Sessions Case No.74 of 2012 arising out of FIR No.241 of 2012 registered at Police Station (PS) Hazrat Nizamuddin, New Delhi, convicting the Appellant for the offence under Section 302 of the Indian Penal Code (IPC) and the order on sentence dated 25th February 2016 whereby for the said offence, he was sentenced to rigorous imprisonment (RI) for life along with fine of Rs.5,000/-, and in default o...


Oct 08 2018

M/S Pearl Developers Pvt Ltd vs.m/s Universal Land and Finance Co

Court: Delhi

Decided on: Oct-08-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. 09.2018 Pronounced on:08. 10.2018 FAO (OS) (COMM) 151/2018 & C.M. APPL.29075-29077/2018 M/S. PEARL DEVELOPERS PVT. LTD. Appellant Through: Sh. Aruneshwar Gupta, Sh. Varun Dewan and Sh. Divyanshu Shekhar, Advocates. Versus M/S. UNIVERSAL LAND AND FINANCE CO. .Respondent Through: Sh. Raman Kapur, Sr. Advocate with Sh. Dhiraj Sachdeva and Sh. Karan Singh, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT % 1. Complaining that a learned Single Judge overstepped the jurisdiction conferred by Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) the appellant (referred to as such, and also as Pearl), who succeeded before the Arbitral Tribunal, has sought appellate relief under Section 37.2. The arbitral award dated 15.06.2016 (hereafter the impugned award) of the Arbitral Tribunal adjudicated disputes that arose between the parties in connection...


Oct 08 2018

Deepak Jain vs.union of India and Anr

Court: Delhi

Decided on: Oct-08-2018

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10680/2018 & CM No.41686/2018 DEEPAK JAIN ........ Petitioner UNION OF INDIA AND ANR. Through: Mr Yogesh, Advocate. versus ........ RESPONDENTS Through: Mr Anurag Ahluwalia, CGSC for UOI/R-1 & R-2 with Mr Abhimanyu Singh, Advocate. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER0810.2018 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, praying that directions be issued to the respondents for re-issue his passport with a validity period of 10 years from the date of issue instead of one year as provided by the respondents.2. The petitioner was issued a passport, which expired on 19.07.2017. Prior to the said date, an FIR (FIR no.107/2012) under SectionIPC, was filed against the petitioner. In view of the pendency of the aforesaid proceedings, the petitioner made an application dated 06.08.2018 to the Trial Court seeking its no objection (NOC) for reissuance of passport. By an order dated 20.08.2010, the T...


Oct 08 2018

United India Insurance Co Ltd. Vs.atiq Ahmad @ Guddu & Ors.

Court: Delhi

Decided on: Oct-08-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: October 08, 2018 + MAC.APP. 454/2013 UNITED INDIA INSURANCE CO LTD. ..... Appellant Through: Mr. Pankaj Gupta, Advocate for Ms. Suman Bagga, Advocate Versus + MAC.APP. 1028/2013 ATIQ AHMAD @ GUDDU & ORS. Through: Mr. A.Rasheed Qureshi, Advocate ........ RESPONDENTS ATIQ AHMAD @ GUDDU & ORS. Through: Mr. A.Rasheed Qureshi, Advocate ..... Appellant Versus UNITED INDIA INSURANCE CO LTD. ........ RESPONDENTS Through: Mr. Pankaj Gupta, Advocate for Ms. Suman Bagga, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 30th January, 2013 grants compensation of 1. 8,74,694/- with interest @ 7.5% per annum to a Motor Mechanic-Atiq Ahmad (hereinafter referred to as Injured), aged 39 years, on account of grievous injuries suffered by him in a vehicular accident, which took place on 28th September, 2009.2. In the above captioned first appeal, United India Insurance Co. Ltd. (hereinafter referred to as the Insur...


Oct 08 2018

Gaurav vs.state

Court: Delhi

Decided on: Oct-08-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. h August, 2018 Decided on:8. h October, 2018 + ASHWANI CRL.A. 323/2018 & Crl. MB4512018 STATE ...Appellant Through: Mr. Vikram Singh with Mr. Harpreet Sandhu, Mr. Bhanu Pant & Ms. Nidhi Tiwari, Advocates. versus... RESPONDENTThrough: Mr Kewal Singh Ahuja, APP for the State. + CRL.A. 412/2018 & Crl. MBs 587/2018 and 1082/2018 GAURAV ...Appellant STATE Through: Ms. Saahila Lamba, Advocate. versus... RESPONDENTThrough: Mr Hirein Sharma, APP for the State. CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL JUDGMENT Dr. S. Muralidhar, J.:1. These two appeals are directed against the impugned judgment dated 12th December, 2017 passed by the learned Additional Sessions Judge, Fast Track Court, Shahdara, Karkardooma Court, Delhi (hereafter the trial Crl. A. Nos. 323 and 412 of 2018 Page 1 of 36 Court) in Sessions Case No.173/2010 arising out of FIR No.175/2010 registered at Police Station (PS) Vivek Vihar, convicting both Appellants for...


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