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Delhi Court August 2018 Judgments

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Aug 01 2018

Om Parkash vs.anamika

Court: Delhi

Decided on: Aug-01-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t August, 2018. RSA2002017 OM PARKASH * % + CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 ANAMIKA Through: Mr. K.N. Jha, Advocate ..... Appellant Versus Through: Mr. Kapil Singhal, Advocate ..... Respondent This Second Appeal under Section 100 of the CPC impugns the judgment and decree [dated 20th May, 2016 in RCA No.47/2017 (Unique ID No.02402C0019922017) of the Court of Additional District Judge-01, East]. of dismissal of First Appeal under Section 96 of the CPC filed by the appellant against the judgment and decree [dated 16th February, 2017 in CS No.9240/2016 of the Court of Administrative Civil Judge, East]. of dismissal of suit filed by the appellant / plaintiff against the respondent / defendant for recovery of possession of immovable property, recovery of licence fee, damages and for permanent injunction.2. This appeal came up first before this Court on 4th August, 2017 when, without indicating the substantial questio...


Aug 01 2018

Nitin Sharma vs.state (Govt of Nct of Delhi) & Anr.

Court: Delhi

Decided on: Aug-01-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:1. t August, 2018 W.P.(CRL) 87/2018 NITIN SHARMA ........ Petitioner Represented by: Mr. J.K.Sharma, Mr. Siddharth Pandit and Mr. Atul Bansal, Advocates with petitioner in person. versus STATE (GOVT OF NCT OF DELHI) & ANR. ........ RESPONDENTS Represented by: Mr. Avi Singh, ASC for State with Ms. Purnima, Advocate. SI Anuj Kumar, PS IGI Airport. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. By the present petition, the petitioner seeks quashing of FIR No.306/2015 registered at PS IGI Airport, New Delhi under Section 25/Arms Act and the proceedings emanating therefrom.2. The allegations against the petitioner are that on 17th July, 2015 one live cartridge was detected in the check in baggage during DIAL security check at level-04 while he was travelling to Bangkok by flight No.TG- 316/16. Kaushik Chatterjee, Manager, Thai Airways, IGI Airport, complainant herein, handed over the recovered ammunition and the check...


Aug 01 2018

Arjun Prakash vs.shyam Sahani & Ors

Court: Delhi

Decided on: Aug-01-2018

$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 210/2017 & CM Nos.25124, 33236/2017, 1097/2018 Reserved on:21. t February, 2018 Pronounced on:1. t August, 2018 ARJUN PRAKASH ..... Appellant Through: Mr. J.P. Sengh, Sr. Adv. with Mr.Sajid, Ms. Manisha Mehta, Ms.Vaishali Tanwar and Ms. Mrigna Shekhar, Advs versus SHYAM SAHANI & ORS ........ RESPONDENTS Through: Mr. Dinesh C. Pandey with Mr.Rajeev Gurung and Mr. R. Madhav Bera, Advs. for R-1 CORAM:-"HONBLE THE ACTING CHIEF JUSTICE HONBLE MR JUSTICE C. HARI SHANKAR % (JUDGMENT) C. HARI SHANKAR, J.1. This appeal, at the instance of Defendant No.4 in CS(OS) 1134/2008, is directed against para 4 of the order, dated 26th May, 2017, and para 5 of the consequent order, dated 30th May, 2017, passed by the learned Single Judge in IA69092017, filed by the Defendant No.4 in the aforementioned civil suit.2. The plaintiff, and Defendants 1 to 4 in CS (OS) 1134/2008, are all descendants, to a greater or lesser degree, of Niamat Sahni. Niamat FAO ...


Aug 01 2018

Sanjeev Sood vs.state & Anr.

Court: Delhi

Decided on: Aug-01-2018

$~61 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:01.08.2018 CRL.M.C. 3811/2018 SANJEEV SOOD STATE & ANR versus ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner(s) : For the Respondent(s): Mr.Nitin Kashyap, Adv Mr. Panna Lal Sharma, Addl. PP for the State with SI Ramavtar, P.S.Nabi Karim. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0108.2018 SANJEEV SACHDEVA, J.(ORAL) Crl. M.A. 29014/2018 (Exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 3811/2018 1.... Petitioner seeks quashing of FIR No.282/2007 under Sections 451/380/323/5of the IPC at Police Station Nabi Karim.2. The parties were tenants in the same property though in different portions.3. The subject FIR was registered against the petitioner as well as other co-accused. Learned counsels for the parties submit that the CRL.M.C. 3811/2018 Page 1 of 2 parties have settled their disputes. By order dated 28.05.2018 in Crl.M.C.2984/2...


Aug 01 2018

United India Insurance Company Ltd. Vs.vijay Singh (Father of Deceased ...

Court: Delhi

Decided on: Aug-01-2018

* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: August 01, 2018 MAC. APP. 258/2013 UNITED INDIA INSURANCE COMPANY LTD. ..... Appellant Through: Mr. S.K. Ray and Ms. Neetika Chaturvedi, Advocates versus VIJAY SINGH (FATHER OF DECEASED) & ORS. Through: Nemo ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned Award of 17th November, 2012 grants compensation of `8,96,496/- with interest @7.5% p.a. to respondents-claimants on account of death of a vegetable vendor-Ashok S/o Vijay Singh, aged 28 years in a vehicular accident on 1st April, 2011.2. The factual background of this case, as noticed in the impugned Award, is as under:-"Petitioner examined Rakesh Sharma eye witness on the basis of whose statement FIR was registered. Rakesh Shrma as PW1 deposed that on 01.04.11 he along with Ashok Kumar had gone to Jahangir Puri for buying certain goods. They were crossing the road between Bhalswa Dairy busstand & Babu Jagjivan Ram bus stand, Jahangir...


Aug 01 2018

Bhupinder Dutt Joshi vs.state

Court: Delhi

Decided on: Aug-01-2018

$~R-16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. No.839/2017 BHUPINDER DUTT JOSHI ..... Appellant Through: Ms. Aishwarya Rao, Advocate. STATE versus Through: Mr. Kewal Singh Ahuja, APP ..... Respondent CORAM: JUSTICE S.MURALIDHAR JUSTICE VINOD GOEL JUDGMENT0108.2018 % Dr. S. Muralidhar,J.:1. This appeal is directed against the judgment dated 30th May 2017 passed by the learned Additional Sessions Judge (ASJ), North District, Rohini Courts, Delhi in Sessions Case No.57549/2016 arising out of FIR No.50/2015 registered at Police Station (PS) Swaroop Nagar holding the Appellant guilty of the offence punishable under Section 302 Indian Penal Code (IPC). The appeal is also directed against the order on sentence dated 1st July 2017 whereby the Appellant was sentenced to rigorous imprisonment for life with a fine of Rs.10,000/-, and in default of payment to undergo simple imprisonment (SI) for one year. The charge against the accused was that on 26th January 2015 at around 10 am on th...


Aug 01 2018

Jagran Prakashan Ltd. Vs.jyoti Dhamija

Court: Delhi

Decided on: Aug-01-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~12 * + W.P.(C) 1239/2018 with CM Nos. 5132/2018 & 5134/2018 JAGRAN PRAKASHAN LTD. ........ Petitioner Through: Mr.Birendra Mishra & Ms.Poonam, Proxy Counsel versus JYOTI DHAMIJA ..... Respondent Through: Mr.Akhil Sharma & Ms.Isha Aggarwal, Advocates CORAM: HONBLE MS. JUSTICE PRATIBHA RANI ORDER0108.2018 The petitioner, Jagran Prakashan Limited has invoked the writ % 1. jurisdiction of this Court seeking quashing of the order dated 24th November, 2017, passed by the Deputy Labour Commissioner under the Working Journalists & Other Newspaper Employees (Condition of Service and Miscellaneous Provisions) Act, 1955 [in short Working Journalists Act]. and consequent Recovery Certificate issued on 30th November, 2017, whereby recovery of `45,43,782/- has been ordered by the said Authority.2. The petitioner has sought quashing of the order impugned herein inter alia on the ground that in view of the decision of this Court in The Associated Press through...


Aug 01 2018

Ahmad Mian vs.bhasin Infotech & Infrastructure Pvt. Ltd. (Through Its ...

Court: Delhi

Decided on: Aug-01-2018

$-9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t August, 2018 + O.M.P.(COMM.) 292/2018 AHMAD MIAN versus Through Mr.Kshitij Sharda, Adv. ........ Petitioner BHASIN INFOTECH & INFRASTRUCTURE PVT. LTD. ..... Respondent (THROUGH ITS DIRECTORS) Through Mr.Vinayak Kapur and Mr.Lokesh Bhola, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) I.A. No.9003/2018 (Delay) 1. This is an application seeking condonation of delay in filing of the petition.2. Learned counsel for the petitioner submits that the Award which is in favour of the petitioner, has by a clerical mistake, in the final relief mentioned, shop number as 104, Lower Ground Floor in shopping mall known as 'Grand Venezia' situated at Plot No.SH-3, Site-IV, Industrial Area, Surajpur, Greater NOIDA, Uttar Pradesh instead and in place of Shop No.73, Lower Ground Floor in the same OMP(COMM.) 292/2018 Page 1 shopping mall on the same floor. He submits that this mistake in the Award remained unnoticed a...


Aug 01 2018

Jai Chand and Ors vs.govt. Of Nct of Delhi and Ors.

Court: Delhi

Decided on: Aug-01-2018

$~4 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:1. t August, 2018 * % + W.P.(C) 9118/2017 JAI CHAND & ORS ........ Petitioners Through: Mr Vishal Maan and Mr Sumit Singh, Advs versus GOVT. OF NCT OF DELHI & ORS ........ RESPONDENTS Through: Mr Yeeshu Jain and Ms Jyoti Tyagi, Advs for LAC/L&B Mr Joginder Sukhija, Adv for R-3 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 comprised in Khasra Nos. 143(3-12) and 1439 (4-16), total measuring 7 Bighas, situated in the revenue estate of Village Malikpur Kohi @ Rangpuri, New Delhi (hereinafter referred as the 'subject land') are deemed to have 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 ...


Aug 01 2018

Ramu Jaiswal @ Ambriszh vs.state

Court: Delhi

Decided on: Aug-01-2018

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:01. 08.2018 BAIL APPLN. 1232/2018 RAMU JAISWAL @ AMBRISZH STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent : Mr. R.P. Luthra and Mr. Sourabh Luthra, Advs. Ms. Neelam Sharma, Addl. PP for the State CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0108.2018 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner seeks interim bail in case FIR No.18/2014 under Sections 21-C/29/of the NDPS Act read with Sections 419/468/471/474 of the IPC, Police Station Special Cell, New Delhi.2. The ground taken by the petitioner is that the petitioner intends to dispose of some agricultural land situated at District Faridpur, Bareilly U.P. for the purpose of making financial arrangements for his family.3. Status report has been filed which verifies the fact that the petitioner BAIL APPLN. 1232/2018 Page 1 of 2 has agreed to sell 3 bighas of land and the prospec...


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