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Delhi Court October 2018 Judgments

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Oct 01 2018

Ferrari Estates Llp vs.union of India and Anr.

Court: Delhi

Decided on: Oct-01-2018

$~11 & 12 IN THE HIGH COURT OF DELHI AT NEW DELHI * % Judgment delivered on:01.10.2018 + W.P.(C) 4520/2018, CM APPL174802018 & CM APPL289652018 FERRARI ESTATES LLP versus UNION OF INDIA AND ANR. ........ Petitioner ........ RESPONDENTS + W.P.(C) 4521/2018, CM APPL174822018 & CM APPL289622018 PURSHOTAM BEHL versus UNION OF INDIA AND ANR. ........ Petitioner ........ RESPONDENTS Present: Mr.Roopansh Purohit, Mr.Shaantanu Jain and Mr.Harsh Panwar, Advocates. Mr.Rajesh Gogna, CGSC for UOI. Ms.Gunjan Sinha Jain, Advocate for NHAI. WP(C) Nos.4520/2018 & 4521/2018 Page 1 of 12 CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA S.RAVINDRA BHAT, J.(ORAL) 1. The petitioners grievance in these two writ proceedings is with respect to the notification under Section 3(A)(1) consequent upon the declaration under Section 3(D) of the National Highways Act, 1956.2. Brief facts are that the petitioner owns an aggregate of 7150 sq. yards of land spread over 3 Khasras (i.e. Khasr...


Oct 01 2018

Sarita Gupta vs.state (Nct of Delhi) & Anr

Court: Delhi

Decided on: Oct-01-2018

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:01. 10.2018 CRL.M.C. 4985/2018 + SARITA GUPTA versus STATE (NCT OF DELHI) & ANR ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : For the... RESPONDENTS: Mr. Usman Chaudhary, Adv. Ms. Neelam Sharma, Addl. PP for the State Mr. Sanjeev Kumar and Mr. Wahid Ali, Advs. for respondent No.2. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0110.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 20.09.2018 whereby respondent No.2 has been granted interim bail for a period of two weeks w.e.f. 01.10.2018 to 15.10.2018 in FIR No.486/2013 under Sections 302/2of the IPC, Police Station Mandawali, Delhi.2. Learned counsel for the petitioner submits that the impugned order dated 20.09.2018 granting interim bail to respondent No.2 was passed on erroneous grounds. It is contended that the reasons CRL.M.C. 4985/2018 Page 1 of 3 mentioned for grant of bail are not...


Oct 01 2018

J L Varshney & Ors vs.state ( Nct of Delhi) & Anr.

Court: Delhi

Decided on: Oct-01-2018

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 4754/2018 Judgment delivered on:01.10.2018 J L VARSHNEY & ORS ........ Petitioners versus STATE ( NCT OF DELHI) & ANR. ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : For the... RESPONDENTS : Mr. Anil Kumar, Advocate. Mr. Kewal Singh Ahuja, APP for State. Ms. Sushila Singh, Advocate for complainant with complainant in person. ASI Pramod Kumar, PS CAW Cell. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0110.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.32344/2018 (exemption) Exemption is allowed subject to all just exceptions. Crl.M.A.32345/2018 (exemption from personal appearance of petitioner No.3)... Petitioner No.3 by this application seeks exemption from personal appearance on the ground that he is a permanent resident of Crl.M.C.4754/2018 Page 1 of 3 USA. He has filed his affidavit in support of the petition. For the reasons stated in the application, the application is allowed. The petiti...


Oct 01 2018

Jalandhar Pandit vs.dsc Limited

Court: Delhi

Decided on: Oct-01-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.826/2018 + % JALANDHAR PANDIT1t October, 2018 DSC LIMITED Through: ..... Appellant Mr. Pandit, Triloki Advocate(M. No.9810569536). versus Through: ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.40430/2018(exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. C.M. No.40431/2018(for condonation of delay) 2. For the reasons stated in the application, delay of 110 days in re-filing the appeal is condoned subject to just exceptions. C.M. stands disposed of. RFA No.826/2018 Page 1 of 6 RFA No.826/2018 3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 17.07.2017 whereby trial court has dismissed the suit for recovery of moneys filed by the appellant/plaintiff. By the suit the appellant/plaintiff claimed an ...


Oct 01 2018

h.s. Goindi vs.state & Anr.

Court: Delhi

Decided on: Oct-01-2018

$~17 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"1st October, 2018 CRL. M.C. 4754/2015 & Crl.M.A. 17109/205, 14922/2017 H.S. GOINDI Through: Mr. Jugal Wadhwa, Mr. Naresh ........ Petitioner Versus STATE & ANR. Through: Charnal & Mr. Rishabh Wadhwa, Advs. ........ RESPONDENTS Mr. Mukesh Kumar, APP for the State. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. Having held preliminary inquiry into the criminal complaint case (CC No.67/1/2014), the Metropolitan Magistrate by order dated 01.10.2014 issued process under Section 204 of the Code of Criminal Procedure, 1973 (Cr.P.C.) against the petitioner and one another, for the offence under Section 379 read with Section 34 of Indian Penal Code, 1860 (IPC). The petition at hand was preferred to assail the said order invoking the inherent power and jurisdiction of this Court under Section 482 Cr.P.C. The submissions of the petitioner are that the proceedings before the Metropolitan Magistrate are an abuse of process of law, th...


Oct 01 2018

Ircon International Limited vs.m/s Baba Builders

Court: Delhi

Decided on: Oct-01-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :6. h September, 2018 Date of Decision:1st October, 2018 + O.M.P. 611/2014 & I.A. 6038/2018 IRCON INTERNATIONAL LIMITED ........ Petitioner Through: Mr. Chandan Kumar, Advocate (M- 9810312011). versus M/S BABA BUILDERS ..... Respondent Through: Mr. Pankaj Bhatia, Mr. Ashish Choudhary & Mr. Dhruv Surana, Advocates (M-9836411111). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 Ircon International Limited (hereinafter Petitioner) was awarded a contract for the construction of 317 dwelling units for Married Accommodation Projects, Ministry of Defence at Old Cantonment (Works) on 17th February, 2005 to M/s Baba Builders (hereinafter contractor) which was the Claimant before the Arbitrator. The notice inviting tender (hereinafter NIT) for the said works was issued on 22nd November, 2004 in response to which the bid was awarded to the contractor which thereafter resulted in letter of intent (hereinafter LOI) being issue...


Oct 01 2018

Riyaz @ Riyazuddin vs.state

Court: Delhi

Decided on: Oct-01-2018

$~3 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:1. t October 2018 + CRL.A. 475/2006 and Crl.M.A.4355/2017 RIYAZ @ RIYAZUDDIN ..... Appellant Through: Mr.Sachin Aggarwal, Advocate STATE with Ms. Varsha Choudhary, Advocate along with appellant in person. versus ..... Respondent Through: Ms. Meenakshi Dahiya, APP for the State with SI Devendera Rawat, PS Sadar Bazar. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. On the basis of report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted on conclusion of investigation into first information report (FIR) No.178/2004 of Police Station Sadar Bazar, the appellant herein was summoned and sent up for trial in Sessions Case No.113/2005, which was held in the court of Additional Sessions Judge, Delhi, he having been proceeded against on the charge for offence punishable under Sections 341/308/506 of Indian Penal Code, 1860 (IPC) allegedly committed in the course of the incident that had occurred at about 11.0...


Oct 01 2018

Mr. Mark Douglas Holford Vs...........

Court: Delhi

Decided on: Oct-01-2018

$~OS-9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:01. 10.2018 + TEST.CAS. 19/2017 MR. MARK DOUGLAS HOLFORD ........ Petitioner Through Mr.Abhimanyu Mahajan, Ms.Anubha Goel and Mr.Sarthak Mehrotra, Advs. STATE versus Through None. ..... Respondent CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) This petition is filed under section 228 read with section 276 of the 1. Indian Succession Act, 1925 for grant of Letters of Administration in respect of the Will dated 20.11.1992 of Late Ms.Maria Geeta Lisa Therese Anastasia Luzia Alvares Meneses.2. It is pleaded that the testator has died on 06.02.2016. A copy of the death certificate has been filed along with the present petition. He also states that her last Will and Testament dated 20.11.1992 has been proved and registered in the High Court of Justice, Family Division, Leeds District Probate Registry on 15.06.2016. It is stated that the testator was the resident of 503, Howard House, Dolphin Square, London, SWI...


Oct 01 2018

Chand Mohd & Anr vs.the State & Anr

Court: Delhi

Decided on: Oct-01-2018

Judgment delivered on:01. 10.2018 $~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 2514/2018 CHAND MOHD & ANR THE STATE & ANR versus ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners: For the... RESPONDENTS: Mr. Rajesh Tiwari, Advocate. Mr. Raghuvinder Verma, APP for the State. ASI Rajvir, PS Amar Colony. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0110.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek quashing of FIR No.399/2010 under Sections 382/342/3IPC, Police Station Amar Colony.2. The allegation against the petitioners is that they had forcefully taken the complainant to their shop and snatched Rs.1,00,000/- from his pocket and when the same was demanded, the complainant was assaulted.3. Parties were referred to mediation and they have settled their CRL.M.C. 2514/2018 Page 1 of 2 disputes before the Mediation Centre, Saket Courts on 14.07.2016.4. Respondent No.2 is present in Court in person, identified b...


Oct 01 2018

Sanwal Ram Meena & Ors. Vs.the State (Govt. Of Nct of Delhi) & Anr

Court: Delhi

Decided on: Oct-01-2018

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:01.10.2018 + CRL.M.C. 2930/2018 SANWAL RAM MEENA & ORS. ........ Petitioners THE STATE (GOVT. OF NCT OF DELHI) & ANR......Respondents versus Advocates who appeared in this case: For the... Petitioner : For the... RESPONDENTS : CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Anand Kumar Pander, Advocate. Mr. Panna Lal Sharma, APP for State. ASI Tulli Ram, PS Badar Pur. Complainant in person. JUDGMENT0110.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek quashing of FIR No.165/2016 under Sections 498A/4IPC, Police Station Badarpur, based on a settlement.2. Subject FIR emanates out of matrimonial discord.... Petitioner No.1 is the husband of respondent No.2.... Petitioner Nos.2 and 4 are the father-in-law and mother-in-law of the respondent No.2.... Petitioner Nos.3 & 5 are the brothers-in-law of the respondent No.2.... Petitioner Nos.6 & 7 are the wives of the brothers-in-law of the respondent No.2. Crl.M.C.2930/2...


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