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Delhi Court April 2018 Judgments

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Apr 07 2018

Mobin @ Sonu vs.state

Court: Delhi

Decided on: Apr-07-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1195/2015 Date of Decision:-"7th April, 2018 MOBIN @ SONU ..... Appellant Through: Ms. Saahila Lamba, Advocate STATE versus Through: Ms. Aashaa Tiwari, APP ..... Respondent SI Kawaljeet Singh, PS Kashmere Gate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) % C. HARI SHANKAR, J1 The impugned judgment, dated 11th August, 2015, convicts the appellant, under Section 302 of the Indian Penal Code (hereinafter referred to as the IPC), for committing the murder of Akash, and sentences him to imprisonment for life, along with fine of 5,000/-, with six months simple imprisonment default sentence. It also extends, to the appellant, the benefit under Section 428 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C).2. The case of the prosecution, as contained in the charge sheet, Crl Appeal 1195 of 2015 Page 1 of 67 dated 27th March, 2014, submitted by the prosecution to the Court o...


Apr 06 2018

Narinder Nath Seth & Ors. Vs.lata Seth & Ors.

Court: Delhi

Decided on: Apr-06-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:6. h April, 2018. CS(OS) No.2658/1999 NARINDER NATH SETH & ORS. .... Plaintiffs Through: Mr. Gaurav Puri with Mr. Vineet Pandey, Advs. Versus LATA SETH & ORS. ...Defendants Through: Mr. Jatinder Kumar Sethi, Adv. for D-1 to 5. Mr. Sidharth Yadav and Mr. Wasim Ashraf, Advs. for D-6(a) to 6(d). CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.9138/2016 (of defendants No.1 to 5 u/O XX R-18(2) CPC for modification of the preliminary decree dated 8th February, 2012) 1. This suit was filed for partition of property No.33/5, East Punjabi Bagh, New Delhi and Shop No.48, Khursheed Market, Sadar Bazar, Delhi amongst the legal heirs of late Laxmi Narain Seth. The defendants 1 to 5 in their written statement, inter alia pleaded that besides the said two properties, Shop No.123, Khursheed Market, Sadar Bazar, Delhi was also liable to be partitioned between the parties.2. The defendant no.6 in his written statement, inter alia, pleade...


Apr 06 2018

Care Finance Limited vs.central Bank of India

Court: Delhi

Decided on: Apr-06-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.831/2017 + % CARE FINANCE LIMITED Through: versus CENTRAL BANK OF INDIA6h April, 2018 Mr. Shiv Chopra, Adv. ..... Appellant ..... Respondent Through: Mr. O.P. Gaggar, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. 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 22.11.2016 by which the trial court has dismissed the suit filed by the appellant/plaintiff for recovery of Rs.6,95,342/- along with interest at 18% per annum.2. The facts of the case are that the appellant/plaintiff had availed of credit facilities from the respondent/defendant bank and to secure the credit facility granted had created an equitable mortgage of RFA No.831/2017 Page 1 of 7 its property in favour of the respondent/defendant. On account of financial crisis, appellant/plaintiff ...


Apr 06 2018

Union of India & Ors. Vs.arun Kumar Gupta

Court: Delhi

Decided on: Apr-06-2018

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:6. h April, 2018 + O.M.P. (COMM) 319/2016 UNION OF INDIA & ORS. Through: ........ Petitioners Mr.Jagjit Sing, Mr.Preet Singh & Mr.Narayan Dev Parashar, Advs. versus ARUN KUMAR GUPTA ..... Respondent Through: Mr.Ashish Mohan, Mr.Mohit Kumar, Mr.Chetan Rai Wahi & Mr.Akshit Mago, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioners challenging the Arbitral Award dated 09.04.2015 passed by the Sole Arbitrator to the extent that by the Impugned Award the Arbitrator has terminated the arbitration proceedings even with respect to the Counter Claim filed by the petitioners.2. The learned counsel for the petitioners submits that the arbitration proceedings with respect to the Counter Claim could not have been terminated as there was no allegation that the petitioners w...


Apr 06 2018

Rakesh Kumar Puri vs.union Bank of India and Ors.

Court: Delhi

Decided on: Apr-06-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 06, 2018 W.P.(C) 3353/2018 & CM132262018 RAKESH KUMAR PURI ........ Petitioner Through: Mr. Anil Singal, Advocate versus UNION BANK OF INDIA AND ORS. Through: Mr. O.P. Gaggar, Advocate .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner was departmentally tried on various charges and the Inquiry Officer had exonerated petitioner on some of the charges and held that few of the charges have been partly proved. The Disciplinary Authority vide order of 5th October, 2016 (Annexure A-12) had recorded 'Disagreement Note' and proceeded to pass an order to dismiss petitioner, who had retired as Chief Manager of respondent-Bank on 30th April, 2016.... Petitioner had unsuccessfully appealed against the order (Annexure A-12) and even the review filed by petitioner stood rejected vide impugned order of 29th August, 2017 (Annexure P-18).2. To assail impugned order, learned counsel for petitioner places ...


Apr 06 2018

Inflow Technologies Pvt Ltd vs.gramtech(india) Pvt Ltd

Court: Delhi

Decided on: Apr-06-2018

$~CP-19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:06. 04.2018 + CO.PET. 534/2013 and Co. Appl. 1842/2013, 197/2017 INFLOW TECHNOLOGIES PVT LTD ........ Petitioner Through Mr. Gaurav Kejriwal and Mr.Sujit Kuma Keshri, Advs. versus GRAMTECH(INDIA) PVT LTD ..... Respondent Through Mr.Rohit Singh, Adv. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under Sections 433 and 434 of the Companies Act, 1956 seeking winding up of the respondent Company. It is contended by the petitioner that the respondent Company had from time to time placed purchase orders on the petitioner for purchase of software and for services related to the software. On 18.06.2010 through two letters, the respondent placed purchase orders on the petitioner for purchase of the software with standard support for one year and also for installation and implementation of the same.2. The first order dated 18.06.2010 was regarding purchase of software (SQL anywhere advan...


Apr 06 2018

Smt. Huma Qamar and Anr. Vs.authorization Committee, Sir Ganga Ram Hos ...

Court: Delhi

Decided on: Apr-06-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:23. 03.2018 Judgment pronounced on:06. 04.2018 + W.P.(C) No.1405/2018 SMT. HUMA QAMAR AND ANR. .....Petitioners Through: Mr. Ajay Sharma with Mr. Sheetanshu Shekhar, Mr. Ananya Misra with Mr. Gautam Polanki, Advocates. versus AUTHORIZATION COMMITTEE, SIR GANGA RAM HOSPITAL THROUGH: CHAIRMAN AND ANR. ....Respondents Through: Mr. Subhash Kumar, Advocate for R-1. Mr. Anil Panwar, CGSC with Mr. Gaurav Rohilla, Advocates for R-2. Dr. (Brig.) Satyendra Katoch, Addl. Director (Medical), Sir Ganga Ram Hospital. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.Preface 1. The petitioners seek to assail order dated 25/27.07.2017, passed by respondent no.1 and order dated 22.11.2017, passed by respondent no.2. 1.1 Respondent no.1 is the Authorization Committee constituted pursuant to a notification issued by the Central Government in that behalf in consonance with the provisions of the Transplantation of Human Organs W.P. (C...


Apr 06 2018

M/S Fe (India) Limited and Ors. Vs.the Punjab National Bank and Ors

Court: Delhi

Decided on: Apr-06-2018

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Pronouncement:06. 04.2018 ........ Petitioners Through : Mr. M. Dutta, Adv. versus M/S FE (INDIA) LIMITED AND ORS. THE PUNJAB NATIONAL BANK AND ORS....... RESPONDENTS Through : Ms. Nishu Choudhary, Adv. + W.P.(C) 3379/2018 & CM Nos.13287-88/2018 CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J (ORAL) CM No.13288/2018 1. Allowed, subject to just exceptions. W.P.(C) 3379/2018 & CM No.13287/2018 2. Issue notice to the respondents. Ms. Nishu Choudhary accepts notice behalf of the respondents.3. After some arguments, learned counsel for the petitioner seeks leave to withdraw the captioned writ petition with liberty to take recourse to an appropriate remedy in accordance with law.4. The writ petition is disposed of with liberty to approach the appropriate forum, albeit, in accordance with law. If such a step is taken, the petitioner will give prior written notice to respondent no.1 Bank.5. Consequently, pending applications sh...


Apr 06 2018

Sh. Ramesh Chander Pandey vs.employees Provident Fund Organization (Th ...

Court: Delhi

Decided on: Apr-06-2018

$~48 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:06. 04.2018 + W.P.(C) 3331/2018 & CM APPL. 13117/2018 SH. RAMESH CHANDER PANDEY versus Through: Mr.Jaideep Singh, Advocate. ........ Petitioner EMPLOYEES PROVIDENT FUND ORGANIZATION (THROUGH REGIONAL OFFICE DELHI-CENTRAL) AND ANR....Respondents Through: Mr.Keshav Mohan and Mr.Piyush Choudhary, Advocates for R-1. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(ORAL) CM APPL. 13117/2018 (Exemption) Exemption granted subject to all just exceptions. The application stands disposed of. W.P.(C) 3331/2018 1. On an advance copy of the writ petition having been served, Mr.Keshav Mohan, Advocate has put in appearance on behalf of respondent No.1.2. It is submitted by learned counsel for the petitioner that the petitioner was an employee of respondent No.2 during the period from July 2009 to March 2016 and he was allotted Provident Fund W.P. (C) 3331/2018 Page 1 of 3 Membership No.DL/19503/343 along with Universal Account No.1...


Apr 06 2018

Godfrey Phillips Inida Limited vs.p.t.i. Private Limited & Ors.

Court: Delhi

Decided on: Apr-06-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) No.851/2017 + % GODFREY PHILLIPS INIDA LIMITED6h April, 2018 ..... Plaintiff Through: Ms. Anuradha Salhotra with Mr. Sumit Wadhwa, Advs. versus P.T.I. PRIVATE LIMITED & ORS. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Defendants To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) IA No.4471/2018 (exemption) 1. Allowed, subject to all just exceptions. Application stands disposed of. Rev.Pet.141/2018 (Review of the order dated:22. 12.2017) 2. This Review Petition is filed by the plaintiff for seeking review of the judgment passed by this Court on 22.12.2017. By the detailed judgment dated 22.12.2017 running into 22 pages, the suit of the plaintiff was dismissed at the threshold by observing and holding that the plaintiff has no real prospect of succeeding, and which aspect Rev.Pet.141/2018 in CS(COMM) No.851/2017 Page 1 of 11 this Court considered in view of the fact that the subject suit was a commercial suit under...


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