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Delhi Court December 2018 Judgments

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Dec 19 2018

„xyz‟ vs.state & Ors.

Court: Delhi

Decided on: Dec-19-2018

$~ + XYZ IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. h November, 2018 Pronounced on:19. h December, 2018 CRL. M.C. 2602/2013 ........ Petitioner Through: Mr. R.K. Handoo, Advocate with Mr. Mansih Shukla, Mr. Aditya Choudhary, & Mr. Yoginder Handoo, Advocates versus STATE & ORS. ........ RESPONDENTS Through: Mr. K.S. Ahuja, APP for the State with SI Ranjeet Singh, PS Tughlaq Road. Siddharth Aggarwal, Mr. with Mr. Kartik Advocate Yadav, Ms. Neha Sarna, Ms. Jhanvi Dubey, & Mr. Kirat Nagra, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT1 The petitioner and the second respondent have been in public life for quite long, engaged in active politics, they being associated with political parties that generally have been seen to be opposed to each other. In their interest, their names are being withheld from mention, including in the cause-title. In the wake of results of the Crl. M.C. No.2602/2013 Page 1 of 11 elections to legislative assembly of a State being announced...


Dec 19 2018

Jagjit Grewal vs.union of India & Ors

Court: Delhi

Decided on: Dec-19-2018

$~18 * + JAGJIT GREWAL IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 9762/2015 ........ Petitioner Through: Mr. M.P. Bhargava, Advocate. UNION OF INDIA & ORS versus ........ RESPONDENTS Through: Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for LAC/L&B. Mr. Arun Birbal and Mr. Sanjay Singh, Advocates for DDA. CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA ORDER1912.2018 % Dr. S. Muralidhar, J.:1. The prayer in this writ petition is for a declaration that the acquisition proceedings in respect of land admeasuring 2 bighas and 4 biswas in khasra No.760/596 situated in the Revenue Estate of village Maidan Garhi, New Delhi (hereafter the land in question) has lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (the 2013 Act).2. The facts as stated by the... Petitioner herself are that in respect of the land in question, a notification was issued on 25th November 1980 under the Land Acquisi...


Dec 19 2018

Sanjeev Jain vs.rajni Dhingra & Ors.

Court: Delhi

Decided on: Dec-19-2018

$~28 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h December, 2018 SANJEEV JAIN CS(OS) 378/2018 & I.A. 16982/2018 ..... Plaintiff Through: Mr. Dinesh Garg & Ms. Rachna Agrawal, Advocates (M-9810027444) versus RAJNI DHINGRA & ORS. ..... Defendants Through: Ms. Shrishti Gupta & Mr. Mohit Chaudhary, Advs. (M-8860033260). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) I.A. 16982/2018 (u/O XXXVII Rule 3(5) CPC) 1. The present suit under Order XXXVII has been filed by the Plaintiff - Mr. Sanjeev Jain (hereinafter, Plaintiff), seeking recovery of principal amount of Rs.3 crores and Rs.84 lakhs as the interest component, levied from 1st April, 2016, till date of filing of the suit. The background is that the Plaintiff claims to have issued a loan to one Late Mr. Virendra Dhingra for a sum of Rs.3 crores in May, 2015. The amounts were paid through banking channels in the following manner:1. Rs.1,00,00,000/-2) Rs.50,00,000/-3) Rs.50,00,000/- Vide RTGS No.SBINR52...


Dec 19 2018

Union of India Anr. Vs.ravinder Kumar Gupta & Ors.

Court: Delhi

Decided on: Dec-19-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: November 19, 2018 Pronounced on: December 19, 2018 + W.P.(C) 5835/1999 UNION OF INDIA ANR. ...Petitioners Through: Mr. P.P. Malhotra, Senior Advocate with Mr. S.S.Dalal, Advocate versus RAVINDER KUMAR GUPTA & ORS. .....Respondents Through: Mr. Sanath Kumar, Senior Advocate with Mr. Manvi Gola and Mr. Vinayak, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT1 Competent Officer under the Evacuee Interest (Separation) Act, 1951 vide order of 12th April, 1983 holds that the lands bearing Khasra Nos. 97, 98 and 122 of Village Toot Sarai, Delhi (hereinafter referred to as subject land) was not acquired and it does not stand proved that Mohammad Illyas, etc., i.e. owners of the subject land, had received any compensation. The revisional court vide impugned order of 28th November, 1997 has concluded that the Competent Officers order does not suffer from any illegality or any perversity and has thus, dismissed petitioners revision p...


Dec 19 2018

Pqr vs.state & Ors.

Court: Delhi

Decided on: Dec-19-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. h November, 2018 Pronounced on:19. h December, 2018 CRL. M.C. 2997/2015 & Crl.M.A. 10711/2015 $~ + PQR STATE & ORS. Through: Mr. ........ Petitioner Siddharth Aggarwal, Advocate with Mr. Kartik Yadav, Ms. Neha Sarna, Ms. Jhanvi Dubey, & Mr. Kirat Nagra, Advs. versus ........ RESPONDENTS Through: Mr. K.S. Ahuja, APP for the State with SI Ranjeet Singh, PS Tughlaq Road. Mr. R.K. Handoo, Advocate with Mr. Mansih Shukla, Mr. Aditya Choudhary, & Mr. Yoginder Handoo, Advs. for R CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER1 The petitioner and the second respondent have been in public life for quite long, engaged in active politics, they being associated with political parties that generally have been seen to be opposed to each other. In their interest, their names are being withheld from mention, including in the cause-title. In the wake of results of the Crl. M.C. No.2997/2015 Page 1 of 9 elections to legislative assembly of a State bein...


Dec 19 2018

Manju Jain vs.rabindra Nath Dass

Court: Delhi

Decided on: Dec-19-2018

11 $~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1240/2013 & I.A.Nos.10019/2013, 15790/2018, 15981/2018 MANJU JAIN Through: Mr. A. Tewari, Advocate with Ms. Eliza Barr, Advocate. ..... Plaintiff versus RABINDRA NATH DASS Through: Mr. Manoj V. George, Advocate with Ms. Shilpa Liza George, Advocate. ..... Defendant Date of Decision:19. h December, 2018 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) I.A. 16201/2018 1. Present application has been filed by the defendant under Order XII Rule 6 read with Section 151 CPC.2. In the present application, the defendant has admitted to the existence of the Agreement to Sell dated 13th June, 2012 with regard to the suit property i.e. B-11/8049, Vasant Kunt, New Delhi-110070. The defendant has also admitted to receipt of part of the sale consideration of Rs.1.25 crores and has averred that the defendant is willing to execute the sale deed CS (OS) 1240/2013 Page 1 of 3 in favour of the plaintiff within a time frame to be o...


Dec 19 2018

Sneha Rajpal vs.madhavi Gupta

Court: Delhi

Decided on: Dec-19-2018

$~46 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CONT.CAS(C) 959/2018 SNEHA RAJPAL ........ Petitioner Through: Ms.Ambika Vohra, Advocate with Mr.Arjun Singh Bawa, Advocate. versus MADHAVI GUPTA Through: None. ..... Respondent CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER1912.2018 CM No.53644/2018 (for exemption) 1. Allowed, subject to all just exceptions. CONT.CAS(C) 959/2018 2. The petitioner has filed this petition under Section 11 and 12 of the Contempt of Courts Act, 1971 for initiating contempt proceedings against the alleged contemnor (respondent) for non-compliance of the settlement agreement dated 19.09.2016 and the consequent decree dated 09.11.2016.3. A civil suit bearing No.3296/2011 titled as Madhvi Gupta v. Sneha Rajpal was pending between the parties, which was settled by way of the Settlement Agreement dated 19.09.2016 through mediation Cont. Cas. (C) 959/2018 Page 1 of 5 before the Delhi High Court Mediation & Conciliation Centre (DHCMCC). A report to this effect was r...


Dec 19 2018

Arun Chopra vs.kaka-ka Dhaba Private Limited & Ors

Court: Delhi

Decided on: Dec-19-2018

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h December, 2018 + FAO(OS)(COMM) No.308/2018 & CM APPL. No.53757- 53758/2018 ARUN CHOPRA ..... Appellant Through: Mr. Sanjeev Sindhwani, Sr. Adv. with Ms. Shobhana Takiar, Adv. versus KAKA-KA DHABA PRIVATE LIMITED & ORS ........ RESPONDENTS Through: Mr. Akhil Sibal, Sr. Adv. with Mr. Rahul Vidhani, Adv. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI SANJIV KHANNA, J.(ORAL): This intra-court appeal by Arun Chopra impugns order dated 28.11.2018 passed by the learned Single Judge disposing of the interim applications under Order XXXIX Rules 1 and 2 and Order XXXIX Rule 4 of the Code of Civil Procedure, 1908 (IA Nos. 4382/2014 and 9392/2014 respectively). FAO(OS)(COMM) 308/2018 page 1 of 5 The impugned order, after recording the different contentions raised, has put into place an interim arrangement, which the Single Judge observed would serve the ends of justice. Operative directions in...


Dec 19 2018

Sachin @ Sonu vs.state (Nct of Delhi) & Anr

Court: Delhi

Decided on: Dec-19-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: December 19, 2018 CRL.M.C. 6500/2018 & CRL.M.A. 50212/2018 SACHIN @ SONU .....Petitioner Through: Mr. Ramesh Rajmurti, Advocate Versus STATE (NCT OF DELHI) & ANR .....Respondents Through: Ms.Neelam Sharma, Additional Public Prosecutor with SI Vidyakar Pathak CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.738/2015, under Sections 354(D)/509/506 IPC, registered at police station Anand Parbat, Delhi is sought on the basis of Memorandum of Understanding of 14th November, 2018 (Annexure-P-3) and on the ground that the misunderstanding which led to registration of the FIR, now stands cleared between the parties.2. Ms.Neelam Sharma, Additional Public Prosecutor for respondent- State accepts notice and submits that respondent No.2, present in the Court has been identified to be the complainant of FIR in question by Investigating Officer Vidyakar Pathak on the basis of identity proof produced by her.3. Responde...


Dec 19 2018

Mehdi Hasan & Ors. Vs.state (Govt of Nct of Delhi) & Ors.

Court: Delhi

Decided on: Dec-19-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: December 19, 2018 CRL.M.C. 6473/2018 MEHDI HASAN & ORS. ........ Petitioners Through: Mr. Akhtar Shamim, Advocate Versus STATE (GOVT OF NCT OF DELHI) & ORS. ........ RESPONDENTS Through: Mr. M.P.Singh, Additional Public Prosecutor for respondent-State with SI Balbir... RESPONDENTS No.2 to 4 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.323/2011, under Sections 323/3IPC, registered at police station Khajuri Khas, Delhi is sought on the ground that the misunderstanding which led to registration of the FIR, now stands cleared between the parties.2. Mr. M.P.Singh Ahmed, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondents No.2 to 4 are present in the Court and they have been identified to be so by SI Balbir to be the injured of this FIR case, on the basis of identity proof furnished by them.3.... RESPONDENTS No.2 & 3, present in the Court, affirm ...


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