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Delhi Court December 2018 Judgments

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Dec 19 2018

Sandeep Gulati @ Rajju & Anr. Vs.state & Anr.

Court: Delhi

Decided on: Dec-19-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 6204/2018 Date of Order: December 19, 2018 SANDEEP GULATI @ RAJJU & ANR. Through: Mr. A.K. Tripathi, Advocate .....Petitioners Versus STATE & ANR. Through: Ms. Aashaa Tiwari, Additional .....Respondents Public Prosecutor for respondent- State with SI Sanjeet Singh CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.577/2016, under Sections 323/354B/5IPC, registered at police station Rajouri Garden, Delhi is sought on the ground that misunderstanding between the parties now stands cleared.2. Ms. Aashaa Tiwari, 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 SI Sanjeet Singh on the basis of identity proof produced by her.3. Respondent No.2, present in the Court, submits that the misunderstanding, which led to the registration of FIR in question, now stands cleared between the part...


Dec 19 2018

Kailash Vohra vs.the State & Ors.

Court: Delhi

Decided on: Dec-19-2018

$~43 * + IN THE HIGH COURT OF DELHI AT NEW DELHI C.R.P. 162/2018 & C.M. No.31277/2018 KAILASH VOHRA ........ Petitioner Through: Mr.Rajesh Advocate Manchanda, Advocate. manchanda, with Mr.Rajat versus THE STATE & ORS ........ RESPONDENTS Through: Mr.Rizwan, Advocate for R1/State. Mr.Ajay Garg, Advocate with Ms.Shweta and Ms.Shilpa Sharma, Advocates for R2 to R4. Sharma CORAM: HON'BLE MR. JUSTICE VINOD GOEL % After making some submissions, learned counsel for the ORDER1912.2018 petitioner Mr.Rajesh Manchanda, Advocate seeks permission to withdraw the petition with liberty to avail his other remedies as available in law. In the circumstances, the petition along with pending application is dismissed as withdrawn with such liberty. VINOD GOEL, J.DECEMBER19 2018 shailendra...


Dec 19 2018

Divya Mittal vs.state & Ors.

Court: Delhi

Decided on: Dec-19-2018

$~1 & 2 (common order) IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h December, 2018 + CRL.M.C. 4578/2015 and Crl. M.A. 16340/2015 PRAVEEN MITTAL & ANR Through: Mr. Vipin Nandwani, Advocate ........ Petitioners versus THE STATE OF NCT OF DELHI & ANR ........ RESPONDENTS Through: Mr. Amit Ahlawat, APP for the State with SI Anuj Kumar, PS Anand Vihar. Mr. Rajat Wadhwa, Adv. with Mr. Ashish Batra, Adv. for R-2. + CRL.M.C. 3182/2016 and Crl. M.A. 13609/2016 DIVYA MITTAL ........ Petitioner Through: Mr. Rajat Wadhwa, Adv. with Mr. Ashish Batra, Advocate STATE & ORS. versus ........ RESPONDENTS Through: Mr. Amit Ahlawat, APP for the State with SI Anuj Kumar, PS Anand Vihar. Mr. Vipin Nandwani, Advocate for R-2, 3 & 4 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 ORDER (ORAL) Both these petitions arise out of the same criminal case, giving rise to similar questions about same set of orders, involving the same Crl. M.C. 4578/2015 & 3182/2016 Page 1 of 10 set of parties and, therefore, have b...


Dec 19 2018

Dhl Express India Private Limited vs.dhl Employees Union & Ors

Court: Delhi

Decided on: Dec-19-2018

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:19. 12.2018 + RFA(OS) 90/2016 & CM Nos. 43559/2016 and 15185/2018 DHL EXPRESS INDIA PRIVATE LIMITED ..... Appellant Through: Mr. Rajiv Tyagi and Mr. Manish Dua, Advs. versus DHL EMPLOYEES UNION & ORS ........ RESPONDENTS Through: Ms. Meghna De, Adv. for Mr. Rajiv Agarwal, Adv. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. Challenge in this appeal is to the judgment and decree dated 05.08.2016. The plaintiff/appellant had filed a suit for restraining the defendant no.1, being a Union of the employees of the plaintiff, and defendant nos. 2 to 13 and 15 to 27, being the employees of the plaintiff, from hampering, obstructing, interfering or disturbing the operations at the plaintiffs offices and service centres in Delhi and from organising or holding dharnas at the plaintiffs offices and service centres or threatening or instigating other employees from working or reportin...


Dec 18 2018

Vijay Shah vs.state (Nct of Delhi)

Court: Delhi

Decided on: Dec-18-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 407/2004 Reserved on:26. 11.2018 Date of decision:18. 12.2018 IN THE MATTER OF: VIJAY SHAH ..... Appellant Through: Mr. Sumeet Verma, Advocate (DHCLSC) versus STATE (NCT OF DELHI) ..... Respondent Through: Ms. Aashaa Tiwari, APP for State CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE MANOJ KUMAR OHRI HIMA KOHLI, J.1. The appellant (A-1) along with Ashok Kumar (A-2) has faced trial in Session Case No.49/2000 in the court of learned ASJ, Delhi for the offences punishable under Sections 302/364/120-B read with Section 34 of the Indian Penal Code, 1860 (in short IPC), arising out of FIR No.169/2000, PS Prasad Nagar. Vide judgment dated 12.01.2004, Ashok Kumar has been acquitted of all the charges framed against him and the appellant has been convicted for the offences punishable under Sectionsof the IPC. He has however been acquitted of the charge punishable under Section 120-B IPC. Vide order on sentence dated 27.01.2004, the ...


Dec 18 2018

Krishna Murari vs.union of India & Ors

Court: Delhi

Decided on: Dec-18-2018

$~1,2,3,4 & 5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5607/2015 SANDEEP KUMAR UNION OF INDIA & ORS Through: Ms. Garima Sachdeva, Advocate. ........ Petitioner versus ........ RESPONDENTS Through: Mr. Rajesh Kumar Gogna, CGSC with Ms. Liu Gangamei, Mr. Akhilesh Kumar and Mr. Perala Upendra for Sai, Respondent No.1. Advocate + With W.P.(C) 5679/2015 AJEET SINGH UNION OF INDIA & ORS. Through: Ms. Garima Sachdeva, Advocate. ........ Petitioner versus ........ RESPONDENTS Through: Mrs. Bharathi Raju, CGSC for Respondent Nos. 1 to 3. + With W.P.(C) 5695/2015 KRISHNA MURARI ........ Petitioner Through: Ms. Garima Sachdeva, Advocate. versus W.P.(C) 5607/2015 & Connected matters Page 1 of 10 UNION OF INDIA & ORS ........ RESPONDENTS Through: Ms. Archana Gaur, Advocate for + UOI. With W.P.(C) 5699/2015 Through: Ms. Garima Sachdeva, Advocate. ........ Petitioner versus ........ RESPONDENTS Through: Mr. Rakesh Kumar, CGSC. GOPAL LAL JAT UNION OF INDIA & ORS. + HET RAM UNION OF INDIA AN...


Dec 18 2018

Smt. Kiran Bhandari vs.m/s. Dr. o.p. Abrol Clinic

Court: Delhi

Decided on: Dec-18-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * + WP (C) 1014/2012 Judgment reserved on :31.07. 2017 Date of decision :18. 12.2018 SMT. KIRAN BHANDARI .....Petitioner Through: Mr. Raj Rishi, Advocate versus M/s. DR. O.P. ABROL CLINIC ..... Respondent Through: Mr. Rajat Malhotra and Mr. Sunil Malhotra, Adv. CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. The petitioner Smt. Kiran Bhandari vide this Writ Petition No.1014/2012 instituted on 17.02.2012 after removal of objections assails the award dated 25.04.2009 of the Ld. Presiding Officer, Labour Court-IX, KKD Courts, Delhi in ID No.377/2005 (old) ID No.3(new) vide which the claim under Section 10 (4A) of the Industrial Disputes Act, 1947 filed by the petitioner herein as claimant before the learned Labour Court-IX, KKD Courts, Delhi directly seeking reinstatement with full back wages and continuity of service against the respondent herein Dr. O.P. Abrol Clinic alleging that her service had been illegally terminated out o...


Dec 18 2018

Satish Dahiya vs.the State ( Govt of Nct of Delhi)

Court: Delhi

Decided on: Dec-18-2018

$~6 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. h December, 2018 BAIL APPLN. 2999/2018 & Crl.M.A. 50066/2018 SATISH DAHIYA ........ Petitioner Through: Mr. Gagan Chawla, Adv. versus THE STATE ( GOVT OF NCT OF DELHI) ..... Respondent Through: Mr. Sanjeev Sabharwal, APP for the State with W/ASI Sushma, PS Uttam Nagar. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The first information report (FIR) No.942/2018 has been registered by police station Uttam Nagar on 09.10.2018 for investigation into offences under Sections 498A/4of the Indian Penal Code, 1860 (IPC). The said FIR has been instituted by Sheetal Kadian with whom the petitioner was married on 27.11.2017. The petitioner, apprehending arrest, had earlier moved bail application (No.30167/2018) in the court of sessions. His application was dismissed by order dated 11.12.2018 of the said court whereafter he has approached this Court by the present application under Section 438 of the Code of Criminal Procedure, 197...


Dec 18 2018

Mukesh Kumar vs.union of India and Anr.

Court: Delhi

Decided on: Dec-18-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:18. h December, 2018 W.P.(C) 13605/2018 & CM. Nos. 53014/2018, 53015/2018 and 53016/2018 MUKESH KUMAR ........ Petitioner Through: Mr. Jayant Mehta, Sr. Adv. with versus Mr. Indranil Ghosh, Mr. Kunal Singh & Mr. Rahul Kukreja, Advs. Through: Ms. Mini Pushkarna, Adv. for DMRC ........ RESPONDENTS UNION OF INDIA AND ANR. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) CM. Nos. 53015/2018 and 53016/2018 Exemption allowed subject to all just exceptions. Applications stand disposed of. W.P.(C) 13605/2018 1. The present petition has been filed by the petitioner with the following prayers:-"In view of the foregoing facts and circumstances, the petitioner most respectfully prays that this Honble Court may be pleased to: W.P.(C) No.13605/2018 Page 1 of 8 A. Issue a Writ of Mandamus setting aside the unreasoned letter dated 24.10.2018 rejecting the representation of the petitioner. B. Is...


Dec 18 2018

M/S Bpl Ltd vs.m/s Morgan Securities & Credits Pvt. Ltd

Court: Delhi

Decided on: Dec-18-2018

* + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:11. 09.2018 Date of decision :18. 12.2018 OMP (COMM) 176/2017 & I.A.No.6316 /2018 M/S BPL LTD Through Mr.Parag Tripathi, Sr. Adv.with ........ Petitioner Mr.Dhananjay Joshi, Mr.G.Umapathy, Ms.R.Mekhala and Mr.Aditya Singh, Advs. Versus M/S MORGAN SECURITIES & CREDITS PVT. LTD Through Mr.K.Dutta and Mr.Simran Mehta, ... Respondent Advs. O.M.P. (COMM) 190/2017 & I.A. No.6302/2018 MORGAN SECURITIES & CREDITS PVT LTD. ........ Petitioner Through Mr.K.Dutta and Mr.Simran Mehta, Advs. ELECTRONIC RESEARCH PVT.LTD. & ORS. ........ RESPONDENTS versus Through Mr.Parag Tripathi, Sr. Adv.with Mr.Dhananjay Joshi, Mr.G.Umapathy, Ms.R.Mekhala and Mr.Aditya Singh, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 These petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) have been O.M.P. (COMM) Nos.176 & 190/2017 Page 1 filed by the parties to the arbitration proceedings which has resulted i...


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