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Delhi Court July 2018 Judgments

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Jul 26 2018

Ambeek Khemka vs.jaswant Singh & Anr

Court: Delhi

Decided on: Jul-26-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.565/2018 + % AMBEEK KHEMKA Reserved on :23. d July, 2018 Pronounced on :26. h July,2018 Through: ..... Appellant Mr. Rakesh Kumar and Mr. Rupesh Sinha, Advocates. Kumar versus JASWANT SINGH & ANR. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ........ RESPONDENTS To be referred to the Reporter or not?. VALMIKI J.MEHTA, J CM No.28654/2018 (Exemption) Exemption allowed subject to just exceptions. CM stands disposed of. RFA No.565/2018 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 31.1.2018 by which the trial RFA No.565/2018 Page 1 of 12 court though has decreed the suit for recovery of Rs. 57 lakhs along with interest @ 9% per annum against the respondent no.2/defendant No.2/Sh. Surender Kalra, but the suit has been dismissed against the defendant No.1/Sh. Jaswant Singh/respondent No.1 and which latter part of the im...


Jul 26 2018

Mr. Surya Kant Tyagi vs.the State (Nct of Delhi) & Anr.

Court: Delhi

Decided on: Jul-26-2018

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 3667/2018 & Crl.M.A.28520/2018 Judgment delivered on:26. 07.2018 MR. SURYA KANT TYAGI ........ Petitioner versus THE STATE (NCT OF DELHI) & ANR. ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner(s) : For the Respondent(s): Mr.S.K.Atri, Adv. Mr.Sanjeev Sabharwal, Addl. PP for the State with ASI Usha Rani, P.S.Connaught Place. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2607.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks quashing of FIR No.69/2018 under Sections 354A/509 of the IPC at Police Station Connaught Place, New Delhi.2. It is alleged that the petitioner misbehaved with the complainant who had come to Connaught Place along with her family. The petitioner has apologised to the complainant. They have entered into a settlement dated 20.07.2018.... Petitioner has also apologised to the complainant. CRL.M.C. 3667/2018 Page 1 of 2 3. Respondent No.2 who is present in court in person...


Jul 26 2018

The Oriental Insurance Co Ltd. Vs.baby Divija & Ors.

Court: Delhi

Decided on: Jul-26-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of Decision: July 26, 2018 + MAC.APP. 547/2017 & C.M. 23366/2017 1. THE ORIENTAL INSURANCE CO LTD. ..... Appellant Through: Mr. A.K.Soni, Advocate Versus BABY DIVIJA & ORS. ........ RESPONDENTS Through: Mr. Satyam Thareja & Ms. Neha Mishra, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 7th April, 2017 grants compensation of `96,03,736/- with interest @ 10% p.a. to respondents-Claimants on account of death of a Primary School Teacher- Smt. Nisha, aged 26 years, in a vehicular accident on 26th September, 2012.2. The factual background of this case, as noticed in the impugned Award, is as under:-"Detailed Accident Report (hereinafter be referred as DAR) was filed in FIR No.217/12, PS Chhawala on 07.01.2013 and separate petition bearing No.14U/Sec. 166 & 140 MV Act arising out of same accident was also filed on behalf of petitioners on 07.01.2013. The case of the petitioners is that on 26.09.2012 Smt. Nisha ...


Jul 26 2018

State vs.deepak

Court: Delhi

Decided on: Jul-26-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI STATE DEEPAK Decided on:26. h July, 2018 CRL.A. 967/2016 Represented by: Ms. Meenakshi Chauhan, APP ..... Appellant for the State. versus Represented by: Mr.Harsh Prabhakar, Advocate ..... Respondent CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) (Amicus Curiae).1. Aggrieved by the judgment dated 17th January, 2015, whereby the learned Additional Sessions Judge acquitted the respondent Deepak for the offence punishable under Section 354A IPC read with Section 8 Protection of Children from Sexual Offence Act, 2012 (in short POCSO Act), the State has preferred the present appeal.2. Sequence of events leading to the prosecution case are that Ct. Amit informed the PCR that one boy was following a girl and ran away after teasing the girl from House No.6127, Jhandewalan Road, Nabi Karim. Aforesaid information was recorded vide DD No.25A (Ex.PW-4/A) and assigned to SI Ravi Shankar (PW-7). He along with Ct. Purushottam (PW6) reached t...


Jul 26 2018

Yashika Kapoor @ Neha Kapoor vs.central Board of Secondary Education & ...

Court: Delhi

Decided on: Jul-26-2018

#10 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:26. 07.2018 W.P.(C) 7755/2017 YASHIKA KAPOOR @ NEHA KAPOOR ....... Petitioner CENTRAL BOARD OF SECONDARY EDUCATION & ANR versus ...... RESPONDENTS Advocates who appeared in this case: For the... Petitioner : Mr. B.L. Narnaulia, Advocate : Mr. Atul Kumar, Advocate for R-1 For the... RESPONDENTS CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J (ORAL) 1. The present writ petition under Article 226 of the Constitution of India prays as follow: (a) direct the respondent No.1 to consider/change the name of the petitioner in all its academic records related to the petitioner specifically in her Xth and XIIth standard mark sheets and certificates immediately. (b) declare said amendment of 2015 dated 25.06.2015 in Rule 69.1(i) of the Examination Bye- the W.P.(C)No.7755/2017 Page1of5 Laws as invalid and illegal being ultra vires and against the Principles of natural justice. 2. It is an admitted position th...


Jul 26 2018

Amar Yadav & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Jul-26-2018

$~70 & 73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 3666/2018 Judgment delivered on:.26.07.2018 + AMAR YADAV & ORS. versus STATE & ANR. CRL.M.C. 3670/2018 SURENDER & ANR. versus STATE & ANR ........ Petitioners ........ RESPONDENTS ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner(s) : Mr.Ranjit Sharma, Adv Crl.M.C.3666/2018 & 3670/2018 for petitioners in For the Respondent(s): Mr.Kamal Kr.Ghai, Addl. PP for the State with SI Naveen Kumar, P.S.Kapashera. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2607.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 28517/2018(exemption) Crl. M.A. 28523/2018(exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3666/2018 & 3670/2018 Page 1 of 3 CRL.M.C. 3666/2018 & 3670/2018 1.... Petitioners in Crl. M.C. 3666/2018 seek quashing of FIR No.187/2017 under Sections 341/354/5at Police Station Kapashera, New Delhi and... Petitioners in Crl. M.C. 3670/2018 seek quashing of FI...


Jul 26 2018

Miss Raj Zutshi vs.state & Ors.

Court: Delhi

Decided on: Jul-26-2018

16 $~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI TEST.CAS.19/2015 MISS RAJ ZUTSHI ........ Petitioner Through: Ms.Aachal Aggarwal, Advocate versus STATE & ORS. Through: None ........ RESPONDENTS Date of Decision:26. h July, 2018 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:1. Today in Court, learned counsel for petitioner has handed over a certified copy of the valuation report of Kasauli property Himachal Pradesh. The same is taken on record.2. It is pertinent to mention that the present petition has been filed by the petitioner under Section 276 of the Indian Succession Act for grant of probate in respect of Will dated 21st January, 2011 of the deceased Shri Makhan Lal Zutshi.3. It has been averred in the petition that the petitioner is the executor of the Will dated 21st January, 2011 and the sister of the testator Shri Makhan Lal Zutshi, who expired on 24th June, 2011. The deceased is stated to have TEST.CAS. 19/2015 Page 1 of 5 executed a Will dated 21st January, 20...


Jul 26 2018

Brajendra Kumar vs.kumud and Anr

Court: Delhi

Decided on: Jul-26-2018

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAT.APP.(F.C.) 135/2017 & CM Nos. 27508/2017 Date of Judgment:26. h July, 2018 (delay), 27507/2017 (stay) BRAJENDRA KUMAR ..... Appellant Through: Mr Amit Kumar Singh and Mr Rishlay Sahni, Advs versus KUMUD & ANR ........ RESPONDENTS Through: Mr Praveen Mahajan, Adv CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. Challenge in this appeal is to the judgment dated 22.04.2017 passed on an application filed by the respondent-wife under Section 125 of the Cr.P.C for grant of maintenance for herself and her minor son. The Family Court while allowing the application has fixed the maintenance @ Rs. 12,500/- each (total Rs. 25,000/-) from 2011 onwards.2. In view of the decision rendered in the case of Manish Aggarwal vs Seema Aggarwal & Ors., FAO No.388 of 2012 dated 13.09.2012, more particularly, paragraph 26 which we extract below, the appropriate remedy would be filing a criminal rev...


Jul 26 2018

Umesh Parkash Ghai vs.the State

Court: Delhi

Decided on: Jul-26-2018

$~37 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"26th July, 2018 + CRL.M.C. 3395/2018 UMESH PARKASH GHAI ........ Petitioner Through: Mr. R.K. Bali and Mr. G.S. Randhawa, Advocate versus THE STATE Through: Mr. Ashish Dutta, APP with Insp. Satyavir Janaula, PS Bindapur, Dwarka ..... Respondent CORAM: HON'BLE MR. JUSTICE R.K.GAUBA % ORDER2607.2018 1. The present petition is directed against an order dated 21.06.2018 of the court of Sessions in criminal revision no.241/2018, which had been taken out by the petitioner, against order dated 04.06.2018 of the Metropolitan Magistrate declining to release him on bail under Section 167(2) of the Code of Criminal Procedure, 1973 in case FIR no.169/2018 under Section 302, 201, IPC.2. The petitioner is accused of having committed the offence of murder of his wife Meenakshi. It appears the FIR was registered on 01.03.2018 in the wake of inquiries made Crl. M.C. No.3395/2018 Page 1 of 3 after logging of daily diary entry no.32A at 11.55 hour...


Jul 26 2018

Tanuj Arora vs.priya @ Patricia Herrera

Court: Delhi

Decided on: Jul-26-2018

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on :26. h July, 2018 + MAT APP. (FC) 14/2018 TANUJ ARORA Through: Mr. M. L. Kasturi, Advocate. .....Appellant Versus PRIYA @ PATRICIA HERRERA .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.(Oral) 1. Present appeal under Section 19 (i) of the Family Courts Act, 1984 has been filed by the appellant/husband assailing the judgment and decree dated 27.09.2017 passed by the Judge, Family Court, Rohini, Delhi dismissing the petition filed by the appellant seeking decree of divorce against the respondent/wife under Section 13 (1) (ia) & (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act').2. The facts giving rise to the present appeal as narrated by the appellant are that the appellant/husband met the respondent/wife for the first time in USA; that parties decided to get married and upon returning to India, the re...


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