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Delhi Court August 2018 Judgments

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Aug 07 2018

Ishtiaq Ahmad vs.farzana

Court: Delhi

Decided on: Aug-07-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h August, 2018. RSA2072017 ISHTIAQ AHMAD * % + CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 FARZANA Through: Mr. Avadh Kaushik, Advocate ..... Appellant Versus ..... Respondent Through: Mohd. Iqbal, Mr. A.R. Shahdi, Advs. This Regular Second Appeal under Section 100 of the CPC impugns the judgment and decree [dated 4th May, 2017 in RCA No.61992/2016 (32/2016) of the Court of Additional District Judge-09, Tis Hazari Courts]. of dismissal of First Appeal under Section 96 of the CPC filed by the appellant against the judgment and decree [dated 8th November, 2016 in Suit No.170/2010 (Unique ID No.02401C0469792010) of the Court of Civil Judge-10, Central]. of dismissal of the suit filed by the appellant / plaintiff for recovery of possession of immovable property.2. This appeal came up first before this Court on 11th August, 2017 when, without indicating the substantial question of law if any it raises, notice thereof was ordered...


Aug 07 2018

Ms Sibha Anwar & Anr vs.anwar Ahmad

Court: Delhi

Decided on: Aug-07-2018

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.REV.P. 904/2017 & Crl.M.A.19924/2017 Judgment delivered on:07. 08.2018 MS SIBHA ANWAR & ANR ANWAR AHMAD versus ........ Petitioners ..... Respondent Advocates who appeared in this case: For the... Petitioner For the Respondent : Ms.Kavita Jha and Mr.Vaibhav Kulkarni, Advs. : Mr.Sameer Bhatnagar and Ms.Pooja Chauhan, Advs. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0708.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 14.11.2017 passed by the Trial Court, whereby the petitioner was permitted to be evicted from the residential house, which was an allotted residence to the respondent by the Jamia Milia Islamia University. Alternatively petitioner was seeking a direction to the respondent to arrange an alternative residence.2. Parties were referred to mediation; however the mediation was CRL.REV.P. 904/2017 Page 1 of 3 not successful. With the intervention of the Court, parties settled their disputes and Res...


Aug 07 2018

K. K. Chakraborty vs.alankit Assignments Ltd.

Court: Delhi

Decided on: Aug-07-2018

$~11 * I N T HE HI GH CO URT O F DE LHI AT NEW DE LH I Judgment pronounced on :7. h August, 2018 + LPA7292017 K. K. CHAKRABORTY Through : Ms. Deepali Gupta, Advocate. .....Appellant Versus ALANKIT ASSIGNMENTS LTD. ....Respondent Through : Mr. Siddharth Sharma, Advocate with Ms. Shruti Arora, Advocate. CORAM: HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL G. S. SISTANI, J.CM APPLN. No.41296/2017 (Delay) This is an application under Section 5 of the Limitation Act, 1963 read with Section 151 CPC seeking condonation of 02 days delay in filing the present appeal. Heard. For the reasons stated in the application, the delay in filing the present appeal is condoned. Application stands disposed of. LPA7292017 1. The appellant has preferred the present appeal assailing the order dated 18.09.2017 passed by the learned Single Judge whereby the writ petition filed by the appellant herein against the Award dated 28.01.2017 passed by the Pilot Court/POLC-XVII, Karkardooma...


Aug 07 2018

United India Insurance Co Ltd vs.ladu Ram & Ors.

Court: Delhi

Decided on: Aug-07-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: August 07, 2018 MAC.APP. 863/2015 & CM265782015 UNITED INDIA INSURANCE CO LTD .....Appellant Through: Mr. Pradeep Gaur, Advocate versus LADU RAM & ORS. .....Respondents Through: Mr. Kamal Kant Jha and Mr. Siddharth Jha, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 25th August, 2015 grants compensation of `13,91,000/- with interest @ 9% p.a. to respondents-Claimants on account of death of one Assistant Mechanic-Mam Raj, aged 24 years, who had suffered fatal injuries in a vehicular accident on 15th August, 2014.2. The factual background of this case, as noticed in the impugned Award, is as under:-"It is the case of the petitioners that on 15.08.2014 Shri Mam Raj (since deceased) met with a fatal road accident at Sarojini Nagar Bus Depot, New Delhi. He was hit by DTC BUS No.DL1C9424while he was working on another DTC Bus at Sarojini Nagar Bus Depot. It is averred MAC.APP. 863/2015 Page 1 ...


Aug 07 2018

Himani Maini vs.chirag Maini

Court: Delhi

Decided on: Aug-07-2018

$~12 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"7th August, 2018 + CRL.M.C. 3128/2015 CRL.M.A. 11166/2015 (stay) HIMANI MAINI ........ Petitioner Through: Mr. R.S. Rathi and Ms. Kusum, versus Advs. CHIRAG MAINI ..... Respondent Through: Mr. Navjot Kwatra, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner is wife of the respondent, their marriage having run into rough weather. She had instituted a case (V No.210/2012) invoking the provisions contained in the Protection of Women from Domestic Violence Act, 2005 in the Court of Metropolitan Magistrate for Shahdara District with allegations, inter alia, of she having been subjected to domestic violence at the hands of the respondent husband and members of his family.2. The parties were referred to the process of mediation to explore the possibility of amicable resolution. The settlement was recorded on 27.11.2012, on the basis of which the proceedings before the Metropolitan Magistrate stood disposed of by ...


Aug 07 2018

ms.a vs.state & Anr.

Court: Delhi

Decided on: Aug-07-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Ms. A Decided on:7. h August, 2018 CRL.L.P. 539/2016 ........ Petitioner Represented by: Ms. Amita Singh Kalkal, versus Advocate * % + STATE & ANR. ........ RESPONDENTS Represented by: Ms. Rajni Gupta, APP for the State with SI Narender, PS R.K.Puram. Mr. Harsh Prabhakar (DHCLSC) with Mr. Anirudh Tanwar, Advocate for R-2. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. As per requirement of law, the name of the prosecutrix is withheld to conceal her identity and she has been referred to as 'Ms. A'.2. Aggrieved by the judgment dated 13th July, 2016 whereby the learned Additional Sessions Judge acquitted the respondent No.2 Taslim for the offences punishable under Section 376(2)(n)/506 IPC and Section 4 of Protection of Children from Sexual Offences Act (in short POCSO Act), the petitioner/prosecutrix has preferred the present leave petition.3. The case of the prosecution is that on 13th July, 2014 at about 4:40 P.M. information was...


Aug 07 2018

Deepak Chhabra and Ors. Vs.delhi Development Authority and Ors.

Court: Delhi

Decided on: Aug-07-2018

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 4160/2015 Date of Judgment:7. h August, 2018 DEEPAK CHHABRA AND ORS. ........ Petitioners Through Mr. A.K. De, Mr. Rajesh Dwivedi and Ms. Ananya De and Mr. Anuj Chauhan, Advocates versus DELHI DEVELOPMENT AUTHORITY AND ORS......... RESPONDENTS Through Ms. Shiva Lakshmi, CGSC and Mr. Siddharth Singh, Advocates for UOI. Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Ms. Mrinalini Sen 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. 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 the petitioners situated in the revenue estate of Village Karala, Utsav Vihar, Delhi 110081 (hereinafter referred as the 'subject land') as detailed herein after, are deemed to have lapsed in view of Section 24(2) W.P.(C) 4160...


Aug 06 2018

Anup Prakash Garg vs.enforcement Directorate Thr. Assistant Director ( ...

Court: Delhi

Decided on: Aug-06-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:1. t August, 2018 Decided on:6. h August, 2018 BAIL APPLN. 1061/2018 ANUP PRAKASH GARG ...... Petitioner Represented by: Mr.Vikas Pahwa, Sr.Advocate with Mr.Amarjeet Singh Bedi, Mr.P.S.Singhal, Mr.Vijay Shankar and Mr.Tushar Aggarwal, Advocates ENFORCEMENT DIRECTORATE THR. ASSISTANT DIRE CTOR (PMLA) versus ... Respondent Represented by: Mr.Amit Mahajan, CGSC/UOI with Mr.Nitesh Rana, SPP and Mr.Anand Negi, Advocate CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 By this petition, the petitioner seeks bail in case ECIR/HQ/17/2017 recorded by the respondent under the Prevention of Money Laundering Act, 2002 (in short PMLA). CBI registered FIR bearing No.CRBD1/2017/ E/0007 on 25th October, 2017 under Sections 13(2)(1)(d) of the Prevention of Corruption Act, 1988 (in short PC Act) read with Sections 420/467/468/471 IPC wherein the applicant was named as an accused on the ground that the directors, M/s.Sterling Biotech Limited (in short SBL) ...


Aug 06 2018

M/S Crocs Inc Usa vs.m/s Action Shoes Pvt Ltd & Anr

Court: Delhi

Decided on: Aug-06-2018

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:31. t July, 2018 Pronounced on:6. h August, 2018 + CS(COMM) 905/2016 M/S CROCS INC USA ..... Plaintiff Through : Mr.S.K.Bansal, Mr.Ajay Amitabh Suman, Advocates. versus M/S ACTION SHOES PVT LTD & ANR ..... Defendants Through : Mr.Jayant Mehta, Mr.Kapil Wadhwa and Ms.Devyani Nath, Advocates defendants/ appellant. for CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.O.A. No.76/2018 1. This chamber appeal is against an Order dated 05.07.2018 passed by the learned Joint Registrar wherein he has allowed the respondents application I.A.No.2180/2018 seeking permission to bring on record additional documents despite the plaintiff evidence being underway and two witnesses having been cross-examined. The additional documents were allowed to be brought on record by the Joint Registrar despite having filed after framing of issues and the commencement of the trial. It is alleged earlier too the plaintiff has been granted an opportu...


Aug 06 2018

M/S Icici Bank Limited vs.akash Parashar

Court: Delhi

Decided on: Aug-06-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO3112018 Judgment reserved on :31. t July, 2018 Date of decision:6. h August, 2018 M/S ICICI BANK LIMITED ..... Appellant. Through: Mr. Puneet Bhalla, Advocate Versus AKASH PARASHAR Through: ... Respondent CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. Vide the present appeal, the appellant assails the impugned order dated 04.06.2018 of the learned Trial Court in CS No.18whereby on a suit filed by the plaintiff for recovery along with an application Under Order XL Rule 1 of the Code of Civil Procedure, 1908 for appointment of a receiver to take over the possession of the vehicle, i.e., car make ECOSPORT/1.5 TITANIUM D bearing registration No.DL11CA5115 the learned Trial Court directed the issuance of the summons for settlement of issues along with the notice of the said application to the defendant returnable for 18.10.2018.2. The prayer made by the appellant herein as plaintiff to the said suit seeking appointment of a...


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