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Delhi Court February 2018 Judgments

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Feb 12 2018

Ketan Desai vs.central Bureau of Investigation

Court: Delhi

Decided on: Feb-12-2018

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 2773/2012 Judgment delivered on:12. 02.2018 KETAN DESAI ........ Petitioner versus CENTRAL BUREAU OF INVESTIGATION..... Respondent Mr. Sudhir Nandrajog, Senior Advocate with Mr Yoginder Handoo and Ms Bhawani Gupta. : Advocates who appeared in this case: For the... Petitioner For the Respondent CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : Mr.Sanjeev Bhandari, SPP for CBI. JUDGMENT1202.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.19839/2017(exemption) Allowed, subject to all just exceptions. Crl.M.A.19838/2017(bringing on record application filed by CBI) & CRL.M.C. 2773/2012 1. The petitioner, by this application, seeks to place on record the application filed by respondent Central Bureau of Investigation (CBI) before the Special Court, Lucknow as well as the order dated CRL.M.C. 2773/2012 Page 1 of 3 21.09.2015 passed by the Special Judge, CBI, dropping the proceedings against the petitioner till receipt of prosecution sanction und...


Feb 12 2018

Jerambhai Vanmalibhai Patel & Anr vs.the State Govt of Nct of Delhi & ...

Court: Delhi

Decided on: Feb-12-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:12. h February, 2018 W.P.(CRL) 444/2018 JERAMBHAI VANMALIBHAI PATEL & ANR ........ Petitioners Represented by: Mr. Anil Malhotra, Mr.Ranjit Malhotra and Mr. Rajat Bhalla, Advocates. versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondent Represented by: Mr. R.S. Kundu, ASC for State with SI Sanju rai Singh, PS CWC Nanak Pura. Mr. Bhagat Singh and Mr. Suman Saharan, Advocates. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) Crl.M.A. No.2651/2018 (Exemption) Allowed, subject to all just exception. W.P.(CRL) 444/2018 and Crl.M.A. No.2650/2018 1. By this petition, the petitioners seek quashing of FIR No.55/2017 under Section 498A/4IPC registered at PS CWC Nanak Pura and the proceeding pursuant thereto.2. The main grounds inter alia urged by learned counsel for the petitioners seeking quashing of FIR in question are that FIR is part of the WP(Crl.)444/2018 Page 1 of 8 series of false and frivolous litigation institut...


Feb 12 2018

Ashwini Shourie vs.directorate of Estates and Anr.

Court: Delhi

Decided on: Feb-12-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:11. 01.2018 Pronounced on:12. 02.2018 C.M. APPL.41529/2016 IN LPA672016 ASHWINI SHOURIE ..... Appellant Through : Sh. Siddhartha Nanwal and Sh. Inder Chand, Advocates with Sh. Ashwini Shorie, appellant in person. versus DIRECTORATE OF ESTATES AND ANR. ........ RESPONDENTS Through : Sh. Dayan Krishnan, Sr. Advocate with Sh. Jaimon Andrews, Advocate. Sh. Manuvel Mezhukanal in person. Sh. Rajesh Gogna, CGSC with Sh. Akhilesh Kumar and Ms. Vipra Bhardwaj, Advocates, for Respondent Nos. 1 and 2. CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE A.K. CHAWLA MR. JUSTICE S. RAVINDRA BHAT % Facts:1. This order will dispose of an application under Section 340, Code of Criminal Procedure preferred by the respondent (C.M. Appl.41529/2016).2. The brief facts are that an appeal was preferred by the non-applicant (Ashwini Shourie, hereafter Shourie) impugning an order dated 18.12.2015 of a learned Single Judge dismissing his writ pet...


Feb 12 2018

Vijender vs.south Delhi Municipal Corporation and Anr

Court: Delhi

Decided on: Feb-12-2018

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2291/2017 % Date of Judgment :12th February, 2018 VIJENDER ........ Petitioner Through: Mr.Ramesh Kumar Mishra and Mr.Rajnish Kumar Singh, Advocates versus SOUTH DELHI MUNICIPAL CORPORATION AND ANR Through: Mr.Pratap Singh and Mr.Navneet ........ RESPONDENTS Tripathi, Advts. for SDMC. Mr.Pramod Saigal, Adv. for GNCTD. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S. SISTANI, J (ORAL) 1. Present petition has been filed by the petitioner under Article 226 of the Constitution of India seeking a direction to the respondent not to dispossess/disturb, in any manner, his vending/squatting activities being carried out by the petitioner at the site, situated at pavement near Shiv Durga Mandir, DDA Flats, Khirki Village Chowk, Khirki Village, Malviya Nagar, New Delhi.2. The facts of the case are that the petitioner is a regular street vendor and is stated to have been squatting at the pavement near Shi...


Feb 12 2018

Kali Charan vs.state

Court: Delhi

Decided on: Feb-12-2018

$~8 to 11 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1141/2014 KALI CHARAN Through: Mr. K. Singhal and Mr. Prasanna, ..... Appellant STATE Advocates. versus ..... Respondent Through: Ms. Radhika Kolluru, APP for State. CRL.A. 1143/2014 & CRL.M.(BAIL) 40/2018 SARVESH KUMAR ..... Appellant Through: Mr. Saurabh Kansal and Ms. Pallavi STATE S. Kansal, Advocates. versus ..... Respondent Through: Ms. Radhika Kolluru, APP for State. CRL.A. 1314/2014 CHANDER BHAN Through: Mr. Sitab Ali Chaudhary Mr.Gufran Ali, Advocates DHCLSC. ..... Appellant and for STATE versus ..... Respondent Through: Ms. Radhika Kolluru, APP for State. CRL.A. 1320/2014 AMIT @ MANGRU ..... Appellant Through: Ms. Rakhi Dubey, Advocate. + + + CRL.A. 1141/2014 and connected matters Page 1 of 24 + STATE BIMLESH versus ..... Respondent Through: Ms. Radhika Kolluru, APP for State. CRL.A. 795/2014 Through: Mr. A.S. Juneja, Advocate. ..... Appellant versus THE STATE OF DELHI ..... Respondent Through: Ms. Radhika Koll...


Feb 12 2018

Gian Chand (Decd) Through: His Lr. Vs.union of India & Ors.

Court: Delhi

Decided on: Feb-12-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LA.APP. 71/2012 Date of Order: February 12, 2018 GIAN CHAND (DECD) THROUGH: HIS LR. ..... Appellant Through: Mr. Somvir Singh Deswal, Advocate Versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Sanjay Singh, Advocate for respondent-DDA CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Review Petition No.67/2018 & C.M. 5447/2018 (delay) & C.M. 5448/2018 (for exemption) 1. There is inordinate delay of five years and 267 days in filing the accompanying review petition. Restoration of time barred appeal is sought without explaining the inordinate delay. Review of order of 19th March, 2012 is sought while relying upon Supreme Courts order of 27th March, 2014 in Special Leave Petition (Civil) No.824/2013 Nand Roop Vs. Union of India & Anr., wherein explanation for delay of nearly one year was found to be satisfactory.2. Admittedly, Special Leave petition against order of 19th March, 2012 (of which review is sought) has been already dis...


Feb 12 2018

Jagdev Singh & Ors vs.union of India & Ors

Court: Delhi

Decided on: Feb-12-2018

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10582/2015 Date of Judgment :12th February, 2018 JAGDEV SINGH & ORS ........ Petitioners Through Mr. Sumit Bansal, Ms. Richa Oberoi & Mr. Prateek Banati, Advocates. versus ........ RESPONDENTS UNION OF INDIA & ORS Through Mr. Rajesh Kumar & Mr. Nikhil Kumar, Advocates for UOI. Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Ms. Mrinalini Sen with Ms. Kritika Gupta, Advocates for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. With consent of the parties, the present writ petition is set down for final hearing and disposal.2. This is a petition under Article 226 of Constitution of India filed by the petitioners seeking a declaration that the acquisition proceedings with respect to land of petitioner forming part of Khasra no.366 (1-12) and Khasra no.376 (1-06) admeasuring 2 bighas 18 biswas, situated in the revenue estate of village Neb S...


Feb 12 2018

Vijay Pal Singh vs.union of India and Ors.

Court: Delhi

Decided on: Feb-12-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~14 * + W.P.(C) 1261/2018 & CM No.5271/2018 VIJAY PAL SINGH Through: Mr.Om Prakash, Advocate ........ Petitioner Through: Mrs.Bharathi Raju, CGSC for R-1 to R-3 ........ RESPONDENTS versus UNION OF INDIA AND ORS. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HONBLE MS. JUSTICE PRATIBHA RANI ORDER1202.2018 The petitioner is aggrieved by the order dated 19.08.2017, passed by % 1. the Tribunal in O.A. No.4058/2016, filed by him for issuing directions to the respondents to pay him interest @ 12% per annum on the delayed payment of gratuity released to him.2. The facts of the case as set out in the O.A. are that the petitioner had joined the respondent/CPWD as a Junior Engineer on 01.04.1977 and was promoted to the post of Assistant Engineer on 25.02.2002. On 26.06.2003, an FIR was lodged against the petitioner on the complaint of one Mr.R.D.Gupta. Based on the said FIR, respondent No.2/CPWD had issued a charge sheet dated 26.09.2013 against the petitioner, ...


Feb 12 2018

Pinnacle Air Pvt Ltd Thr Its Authorises Representative vs.captain Rich ...

Court: Delhi

Decided on: Feb-12-2018

$~5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(OS) (COMM) 6/2016 Date of decision:12. h February, 2018 PINNACLE AIR PVT LTD THR ITS AUTHORISES REPRESENTATIVE ..... Appellant Through Mr.Tanmay Mehta and Mr.Manan Batra,Advocates Versus CAPTAIN RICHARD SLOAN NORRIS ..... Respondent Through Ms. Sonal Jain and Mr.Saharsh Jauhari, Advocates CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) This intra court appeal by Pinnacle Air Pvt. Ltd. under Section 37 of the Arbitration & Conciliation Act, 1996 (Act) impugns order dated 10.02.2016 passed by the Learned Single Judge upholding the Award dated 31.10.2015 awarding US $ 34000/- to the respondent, Captain Richard Sloan Norris, with simple interest @10% from 1st June, 2012 till realization.2. Learned counsel for the appellant has submitted that the respondent had committed frauds. Firstly, the respondent had concealed his sickness/ailment. Secondly, the respondent was FAO(OS)(COMM)6/2016 P...


Feb 12 2018

M/S D B P Limited vs.m/s D H a F P Limited & Ors

Court: Delhi

Decided on: Feb-12-2018

$~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:12. h February, 2018 FAO(OS) 72/2017 M/S D B P LIMITED ..... Appellant Through: Mr. Davinder Singh with Mr. Ashish Mittal, Advs. versus M/S D H A F P LIMITED & ORS ..... Respondent Through: Mr. Saurabh Kirpal with Mr. Pallav Pandey and Mr. Sarthak Sachdev, Advs. for respondent no.6. + FAO(OS) 147/2017 & CM No.18056/2017 M/S PREM ENTERPRISES ..... Appellant Through: Mr. Saurabh Kirpal with Mr. Pallav Pandey and Mr. Sarthak Sachdev, Advs. versus M/S D.B.P LIMITED & ORS ..... Respondent Through: Mr. Davinder Singh with Mr. Ashish Mittal, Advs. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE CM No.18056/2017 (delay of 49 days) in FAO(OS) No.147/2017 For the reasons stated in the application, delay in filing the appeal is condoned. FAO(OS) Nos.72/2017 & 147/2017 Pg.1 of 24 This application stands disposed of. FAO(OS) No.72/2017 FAO (OS) No.147/2...


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