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Delhi Court April 2018 Judgments

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Apr 26 2018

Mohd. Yasir vs. State

Court: Delhi

Decided on: Apr-26-2018

$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:24th February, 2018 Judgment pronounced on:26. h April, 2018 + CRL.A. 1277/2014 MOHD. YASIR ..... Appellant Through : Mr.Sarin Naved, Advocate. versus STATE ..... Respondent Through : Ms.Aasha Tiwari, APP. SI Ramesh Kumar, PS Chandni Mahal. + CRL.A. 320/2015 STATE ( GOVT OF NCT OF DELHI) ..... Appellant Through : Ms.Aasha Tiwari, APP. SI Ramesh Kumar, PS Chandni Mahal. versus MOHD. FAIZAN & ANR ........ RESPONDENTS Through : Mr.Javed Ahmed, Advocate for R-1. Mr.Sarin Naved, Advocate for R-2. CORAM:-"HONBLE MR JUSTICE S.P.GARG HONBLE MR JUSTICE C. HARI SHANKAR % (JUDGMENT) 1. On 23rd November, 2012, charges were framed, against Mohd. Yasir the appellant in Crl Appeal 1277/2014 and Mohd. Faizan the respondent in Crl Appeal 320/2015 under Section 3of the Indian Penal Code, 1860 (IPC). Additionally, Crl Appeal 1277/2014 & Crl Appeal 320/2015 Page 1 of 76 charges were also framed, against, Mohd. Yasir under SectionIPC, and...


Apr 26 2018

Rameez @ Ramish Ahmed vs.the State Nct of Delhi

Court: Delhi

Decided on: Apr-26-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :24. h FEBRUARY, 2018 DECIDED ON :26. h APRIL, 2018 CRL.A. 781/2016 RAMEEZ @ RAMISH AHMED Through : Mr.Anurag Jain, Advocate with Ms.Ayushi Sharma, Advocate. ..... Appellant versus THE STATE NCT OF DELHI Through : Mr.Rajat Katyal, APP. ..... Respondent CORAM: HON'BLE MR. JUSTICE S.P.GARG HON'BLE MR. JUSTICE C.HARI SHANKAR S.P.GARG, J.1. Aggrieved by a judgment dated 03.12.2014 of learned Addl. Sessions Judge in Sessions Case No.207/2013 arising out of FIR No.22/2009 under Sections 376/506/323 IPC and Section 3 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (in short SC/ST Act) PS Baniyadher whereby the appellant Rameez @ Ramish Ahmed was held guilty for committing offences punishable under Sections 376/323/506 IPC and 3(2)(v) of the SC/ST Act, the instant appeal has been preferred by him to challenge its Crl.A.781/2016 Page 1 of 17 legality and correctness. By an order dated 09.12.2014, the appellant was se...


Apr 26 2018

Babita vs.state (Govt. Of Nct of Dlehi)

Court: Delhi

Decided on: Apr-26-2018

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision : April 26, 2018 W.P.(CRL.) 2535/2016 BABITA Represented by: Mr.S.K.Vashistha, Advocate ........ Petitioner versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Represented by: Mr.Ranbir Singh Kundu (ASC) for State with Ms.Suman Saharan, Advocate and SI Ram Bhau, PS Khyala CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(Oral) 1. By the present petition, the petitioner seeks the following prayers:-"A. To issue a writ of mandamus thereby directing the respondent not to allow the illegal business of country made liquor, Charas & Ganja and other illegal activities from premises No.B-3/963, JJ Colony, Raghubir Nagar, New Delhi-27. B. To issue a writ of mandamus thereby directing the respondent to initiate appropriate legal proceedings against the accused persons as per the complaint of the petitioner. C. To issue a writ of mandamus to direct the respondent to transfer the investigation of the cases lodged by the pet...


Apr 26 2018

Reeta & Anr vs.manoj Kumar & Ors (Icici Lombard General Ins. Co Ltd)

Court: Delhi

Decided on: Apr-26-2018

$~8 & 9 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:26. h April, 2018 + MAC.APP. 77/2017 & CM APPL. 2316/2017 ASHOK KUMAR GULATI ..... Appellant Through: Mr. S. K. Vashistha along with Mr.Kartikay Sharma, Advs. versus REETA & ORS ........ RESPONDENTS Through: Mr. S. N. Parashar, Adv. Mr. Sandeep Jha, Adv for R-4. + MAC.APP. 683/2017 REETA & ANR ..... Appellants Through: Mr. S. N. Parashar, Adv. versus MANOJ KUMAR & ORS (ICICI LOMBARD GENERAL INS. CO LTD) Through: Mr. Sandeep Jha, Adv for R-3. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE J.R. MIDHA ]. JUDGMENT (ORAL) 1. The accident dated 01st December, 2014 resulted in the death of Anjani Kumar. The deceased aged about 22 years at the time of accident and was survived by his mother and sister who claimed compensation before the MAC. APP. Nos.77/2017 & 683/2017 Page 1 of 4 Claims Tribunal. The Claims Tribunal awarded compensation of Rs. 16,35,000/- to the claimants. The Claims Tribunal granted recovery rights to the ...


Apr 26 2018

Kamla Sahoo vs.govt. Of Nct of Delhi & Anr.

Court: Delhi

Decided on: Apr-26-2018

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 2175/2018 Judgment delivered on:26. 04.2018 KAMLA SAHOO versus GOVT OF NCT OF DELHI & ANR Advocates who appeared in this case: ........ Petitioner ........ RESPONDENTS For the... Petitioner For the Respondent : : Mr. Manish Garg, Advocate. Mr. Arun Kumar Sharma, APP for the State. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2604.2018 SANJEEV SACHDEVA, J.(ORAL) 1. Learned counsel for the petitioner impugns order dated 06.03.2018 granting bail to respondent No.2. He raises two grievances. Firstly, he submits that the respondent No.2 has breached the conditions of grant of bail and secondly, he impugns the order on merits. Another grievance raised by the learned counsel for the petitioner is that the respondent failed to join the mediation proceedings.2. Learned APP for the State submits that there is no complaint CRL.M.C. 2175/2018 Page 1 of 3 from the Investigating Officer about the respondent having breached any of the ...


Apr 26 2018

Ashok Bajaj vs.lalit Bajaj & Anr.

Court: Delhi

Decided on: Apr-26-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h April, 2018. ASHOK BAJAJ CS(OS) 70/2016 ..... Plaintiff Through: Mr. D.D. Singh, Mr. Navdeep Singh & Ms. Seeratdeep Singh, Advs. Versus LALIT BAJAJ & ANR. ..... Defendants Through: Mr. Sangram Patnayak, Ms. Tania Sharma, Ms. Rukmini Mukherjee, Mr. Sangam Singh & Mr. Sumeet Kaul, Advs. for D-1&2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit pleading i) that the plaintiff is the sole and exclusive owner of property No.296, Asian Games Village Complex, Siri Fort Road, New Delhi allotted by the Delhi Development Authority (DDA) in the name of the plaintiff in the year 1987; ii) that the plaintiff holds an Overseas Citizen of India Card and resides along with his wife between USA and India and the plaintiff and his family reside in the aforesaid property whenever in India and the plaintiff has been paying property tax and utility bills with respect to the property; iii) that the pla...


Apr 26 2018

Ashok Kumar Singh vs.union of India & Ors

Court: Delhi

Decided on: Apr-26-2018

$~2 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:26. h April, 2018 + W.P.(C) 2899/2017 ASHOK KUMAR SINGH ........ Petitioner Through: Mr. P. Sureshan, Advocate versus UNION OF INDIA & ORS ....... RESPONDENTS Through: Mr. Arun Bhardwaj, CGSC with Mr. Nikhil Bhardwaj, Advocate for the respondents along with Inspector Sanjay Kumar, CISF. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. With the consent of the parties, the writ petition is set down for final hearing and disposal.2. This is a petition under Article 226 of the Constitution of India filed by the petitioner. The necessary facts to be noticed for disposal of the present petition are that the petitioner initially joined the Central Industrial Security Force(CISF) as a Constable on 05.08.1989. In the year 2008, the petitioner was working at CISF Unit of IOC Barauni. On 30.04.2008, the petitioner was transferred to the CISF Unit Duliajan in the State of Assa...


Apr 26 2018

Indeen Bio Power Limited vs.m/s. Efs Facilities Service (India) Pvt. L ...

Court: Delhi

Decided on: Apr-26-2018

*IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:26. h April, 2018 ARB. A. (COMM.) 39/2016 INDEEN BIO POWER LIMITED ........ Petitioner versus M/S. EFS FACILITIES SERVICE (INDIA) PVT. LTD.... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Hiroo Advani, Advocate with Mr. Tariq Khan, Ms. Nikta Chitale and Ms. Ranu Purohit, Advs. For the... RESPONDENTS : Mr. Dharmendra Rautray, Mr. Vasanth Raja, Ms. Tara Shahani and Mr. S. Babulkar, Advs. CORAM:-"HONBLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.1. This appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act), impugns order/award dated 15.09.2016 of the Sole Arbitrator passed under Section 16 of the Act.2. The appellant had filed the claim before the Arbitral Tribunal raising several claims. By the impugned order/award dated 15.09.2016, the Arbitral Tribunal has held that the agreements under which the proceedings had been initiated did no...


Apr 26 2018

Neelam & Ors. Vs.lt. Governor Through: Chief Secretary Delhi and Ors.

Court: Delhi

Decided on: Apr-26-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 26, 2018 + W.P.(C) 4335/2018 & C.Ms. 16829-30-31/2018 NEELAM & ORS. ........ Petitioners Through: Mr. Shanmuga Patro, Mr. Tarun Kumar & Mr. Nikhil Patnaik, Advocates Versus LT. GOVERNOR THROUGH: CHIEF SECRETARY DELHI AND ORS. .....Respondents Through: Mr. N.K. Singh, Advocate for Mrs. Avnish Ahlawat, Standing Counsel for GNCTD CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioners claim that they are working as Guest Teachers for the last 2 to 6 years and they have right to seek regularization of their service in terms of Sarva Shiksha Abhiyan Bill, 2017. Learned counsel for petitioners submits that a concise and composite Representation will be filed on behalf of the petitioners to third respondent- Directorate of Education within a week. If such a Representation is received by third respondent- Directorate of Education, then it be considered and decided within four weeks by passing a speaking order and the fate...


Apr 26 2018

Sanjay vs.union of India and Ors.

Court: Delhi

Decided on: Apr-26-2018

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgement:26. h April, 2018 + W.P.(C) 10529/2016 .....Petitioner Through: Mr. Rajesh Gupta and Mr. M.C. SANJAY Verma, Advocates. Versus UNION OF INDIA & ORS .....Respondents Through: Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Ms. Renuka Arora, Advocate for DSIIDC. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(Oral) 1. This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to his 1/4th share in land bearing Khasra No.'s 79//1, 2, 3, 8, 9, measuring 4 bighas 16 biswas, situated in the revenue estate of village Sultanpur Dabas, Delhi (hereinafter referred as the 'subject land') stand lapsed in view of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to ...


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