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Delhi Court August 2018 Judgments

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Aug 23 2018

Delhi Jal Board vs.m/s Satish Builders

Court: Delhi

Decided on: Aug-23-2018

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d August, 2018 + O.M.P. (COMM) 152/2017 DELHI JAL BOARD ........ Petitioner Through: Mr. Naresh Sharma, Advocate. (M:9811087091) versus M/S SATISH BUILDERS ..... Respondent Through: Mr. Sunil K. Mittal, Mr. Anshul Mittal and Mr. Harshit Vashisht, Advocates. (M:9811040423) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present petition has been filed by the Delhi Jal Board challenging the award dated 9th September, 2011 passed by the learned sole Arbitrator.2. The brief facts are that the Respondent contractor was awarded the work for construction of additional staff quarters at Varun Niketan by the Delhi Jal Board. The award to the Respondent was an award at risk and costs of M/s Wee Aar Constructive Builders. The tender was awarded on 5th April, 2000 and the date of completion was 14th February, 2002. Finally, the work was completed on 31st March, 2003. The payment for the work was released to the...


Aug 23 2018

Nadeem & Ors. Vs.state of Delhi & Ors.

Court: Delhi

Decided on: Aug-23-2018

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 08.2018 CRL.M.C. 4241/2018 NADEEM & ORS. STATE OF DELHI & ORS. versus ........ Petitioners ........ RESPONDENTS Mr. Yogesh Kr. Rana, Adv. Advocates who appeared in this case: For the... Petitioners : For the Respondent: CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Kamal Kr. Ghai, APP for the State with IO JUDGMENT2308.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.30483/2018 (Exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4241/2018 1.... Petitioners seek quashing of FIR No.689/2015 under Sections 406/498A/34 IPC read with Section 4 of Dowry Prohibition Act registered at Police Station Welcome, Delhi, based on a settlement.2. Subject FIR emanates out of matrimonial discord.... Petitioner CRL.M.C. 4241/2018 Page 1 of 3 No.1 is the husband of respondent No.2 and petitioner No.2 to 6 are the other family members of petitioner No.1.3. Learned counsel for the petitioners submits that the parties...


Aug 23 2018

Pawan Gupta vs.state of Nct Delhi & Ors

Court: Delhi

Decided on: Aug-23-2018

$~9 IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4927/2015 PAWAN GUPTA Decided on:23. d August, 2018 ........ Petitioner Through: Mr. Neeraj Sharma and Mr. Satpal Sharma, Advocates versus STATE OF NCT DELHI & ORS ........ RESPONDENTS Through: Mr. Akshai Malik, APP for the State Mr. Siddharth Mehta, Adv. for R-2 & 3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner is facing prosecution in the criminal case in the court of the Metropolitan Magistrate on the basis of a report under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) submitted upon conclusion of investigation into first information report (FIR) no.822/2005 of police station Prashant Vihar. By order dated 13.08.2012, charges were framed putting him on trial for the offences punishable under Section 420 read with Section 511, Sections 471, 474, 419 and 381 of Indian Penal Code, 1860 (IPC). The case thereafter has been at the stage of evidence for prosecution.2. The present petition has been ...


Aug 23 2018

Shakeel Ahmed vs.syed Akhlaq Hussain

Court: Delhi

Decided on: Aug-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SHAKEEL AHMED RFA No.191/2013 23rd August, 2018 ..... Appellant Through: Mr. Sanjiv Sharma, Advocate (M. No.9871323957) SYED AKHLAQ HUSSAIN versus ..... Respondent Through: Ms. Reetika Gupta, Advocate with respondent in person (M. No.9821710680). 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 defendant in the suit impugning the Judgment of the Trial Court dated 5.3.2013 by which the trial court has decreed the suit for possession and mesne profits filed by the respondent/plaintiff with respect to the suit property comprising of ground floor and first floor of property bearing No.J-67/2, Thokar No.RFA No.191/2013 Page 1 of 9 4, Abdul Fazal Enclave, Part-I, Okhla, New Delhi on plot of 62 sq. yds. (hereinafter referred to as the suit property).2. The case set up by the respondent/...


Aug 23 2018

The Oriental Insurance Co Ltd. Vs.nisha Devi & Ors.

Court: Delhi

Decided on: Aug-23-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 23, 2018 + CM(M) 759/2018 & & C.M. No.27020/2018 THE ORIENTAL INSURANCE CO LTD. ........ Petitioner Through: Mr. S.P. Jain, Ms. Amandeep Kaur, Mr. Himanshu Gambhir and Mr. Abhijit Chakravarty, Advocates Versus NISHA DEVI & ORS. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Through: Nemo ORDER (ORAL) .....Respondents 1. Impugned order of 7th March, 2018 declines petitioners application for impleading the owner and Insurer of car bearing Registration No.DL8CAK-1665, which is said to be the offending vehicle. Though it is the case of respondents that the accident in question had taken place due to negligence of the insured vehicle, but petitioner/Insurer in the Reply before the Motor Accident Claims Tribunal-2 (North), Rohini Courts, Delhi (hereinafter referred to as the Tribunal) has taken the stand that negligence is of the driver of the offending vehicle i.e. the aforesaid car.2. To seek impleadment of owner and Insurer of the afo...


Aug 23 2018

Daya Ram vs.state & Anr.

Court: Delhi

Decided on: Aug-23-2018

$~41 + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 4234/2018 and Crl. M.A. 30471/2018 Decided on:23. d August, 2018 DAYA RAM STATE & ANR. Through: Mr. Vipul Pankaj Sanghi and Ms. Ananya Kar Sanghi, Advocates ........ Petitioner versus ........ RESPONDENTS Through: Ms. Meenakshi Dahiya, APP for the State with SI Rajeshwar CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent had lodged a criminal complaint (CC no.9107/17) in the court of the Chief Metropolitan Magistrate (CMM), District Shahdara, Kakardooma on 26.10.2017 invoking the jurisdiction of the said court under Section 200 of the Code of Criminal Procedure, 1973 (Cr. P.C.) to seek criminal action for offences punishable under Sections 325, 452, 457, 354, 506, 504, 393, 34 of Indian Penal Code, 1860 (IPC), naming inter alia, one Rahul Kalra as the prime accused, he having been allegedly associated with eight persons unknown to the complainant, also mentioning the name of the petitioner herein as the sec...


Aug 21 2018

Sunil Alias Machhar vs.state

Court: Delhi

Decided on: Aug-21-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on:21. t February, 2018 Judgment Delivered on:21. t August, 2018 CRL.A. 404/2016 SUNIL ALIAS MACHHAR ..... Appellant Represented by: Mr. Ajay Verma, Ms. STATE Katyayini, Ms. P.N. Sudha Reddy, Advocates. versus Represented by: Ms. Meenakshi Chauhan, APP ..... Respondent CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.for the State.1. By the present appeal, the appellant challenges the impugned judgment dated 22nd April, 2015 convicting him for the offence punishable under Section 4 of Protection of Children against Sexual Offences Act, 2012 (in short 'POCSO Act') in FIR No.148/2013 registered at PS Ashok Vihar and the order on sentence dated 8th May, 2015 directing him to undergo rigorous imprisonment for a period of seven years and to pay a fine of 5,000/- and in default to undergo simple imprisonment for a period of six months.2. Learned counsel for the appellant contends that brother of the victim who stayed with h...


Aug 21 2018

Sandeep & Ors. Vs.state (Govt. Of Nct Delhi) & Anr.

Court: Delhi

Decided on: Aug-21-2018

$~64 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 4224/2018 SANDEEP & ORS STATE (GOVT OF NCT DELHI) & ANR versus ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner For the Respondent: : Mr. Tushar Sinha & Mr. Amit Kumar, Advocates Mr. Kamal Kumar Ghai, APP with SI Leela Ram, PS Jaffarpur Kalan. CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA JUDGMENT2108.2018 % SANJEEV SACHDEVA, J.(ORAL) CRL.M.A. 30399/2018 Exemption allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 4224/2018 1. The petitioners seek quashing of FIR No.103/2016 under Sections 498A/4IPC, Police Station Jaffarpur Kalan.2. The subject FIR emanates out of matrimonial discord.... Petitioner No.1 is the husband of respondent No.2.... Petitioner Nos.2 and 3 are the father-in-law and mother-in-law of the respondent No.2. CRL.M.C. 4224/2018 Page 1 of 3 3. Learned counsel for the petitioners submits that the parties have settled their dispu...


Aug 21 2018

Om Prakash vs.state

Court: Delhi

Decided on: Aug-21-2018

$~3. * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:21. 08.2018 % CRL.A. 430/2018 OM PRAKASH STATE ..... Appellant Through: Ms. Saahila Lamba, Advocate versus Through: Mr. Rajat Katyal, APP with SI Sonu, ..... Respondent PS Seemapuri CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE I. S. MEHTA VIPIN SANGHI, J.(ORAL) 1. The appellant has preferred the present appeal to assail the judgment rendered by the learned ASJ-01/Special Judge (POCSO), Shahdara District, Karkardooma Courts, Delhi in SC No.70/2016 arising out of FIR4602013 under Section 363/376(2)(i)/506 IPC and Section 5(m)/6 of POCSO Act registered at P.S. Seemapuri, whereby the appellant stands convicted of the charge framed against him. The appellant also assails the order on sentence dated 29.01.2018 passed by the learned ASJ.The maximum punishment awarded to the appellant is rigorous imprisonment for life, which shall mean imprisonment for the remainder of his life, for the offence punishable under Se...


Aug 21 2018

Krishan vs.government of Nct of Delhi & Anr.

Court: Delhi

Decided on: Aug-21-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI * Date of Order: August 21, 2018 Through: Mr. R.S.Tomar, Advocate ........ Petitioner KRISHAN + W.P.(C) 9438/2017 & C.M. 38417/2017 Versus GOVERNMENT OF NCT OF DELHI & ANR. ...... RESPONDENTS Through: Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1. In this petition, a mandamus is sought to respondents to include petitioners name in the seniority list of recommendees for allotment of alternate plot in North Zone and to allot an alternative plot in the draw of lots at the earliest.2. Learned counsel for petitioner submits that petitioner had taken recourse to Right to Information Act, 2005 and as per reply thereto, petitioners case for allotment of alternate plot might have been closed in September, 1994. Counsel for petitioner submits that no such information has been received by petitioner in response to his application (Annexure- A).3. Counsel for respondents at the outset su...


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