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Delhi Court September 2018 Judgments

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Sep 26 2018

Jagmohan Singh vs.kuljeet Kaur & Ors

Court: Delhi

Decided on: Sep-26-2018

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:26. 09.2018 + LPA5512018 JAGMOHAN SINGH ..... Appellant Through: Mr. N.S. Dalal, Adv. versus KULJEET KAUR & ORS ........ RESPONDENTS Through: Mr. Kiran Singh, Adv. for R-1 Mr. Kaustubh Anshuraj, Adv. for R-2 Mr. Sunil Fernandes with Mr. Arnav Vidyarthi, Advs. for R-3 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO RAJENDRA MENON, CHIEF JUSTICE (ORAL) CM APPL. 39638/2018 (exemption) Allowed, subject to just exceptions. The application stands disposed of. LPA No.551/2018 & CM APPL. 39639/2018 (Stay) 1. Seeking exception to an order passed by the learned writ Court on 18.09.2018 in W.P.(C) 4473/2017, granting electricity connection to the respondent in the premises in question, this appeal has been filed under Clause 10 of the Letters Patent.2. Respondent, Kuljeet Kaur, filed the writ petition with the following two prayers: (i) Set-aside the impugned Order dated 18.09.2018 passed by the Ld. Single Judge ...


Sep 26 2018

Vijay Kumar vs.dilip Kumar

Court: Delhi

Decided on: Sep-26-2018

* % + VIJAY KUMAR DILIP KUMAR IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:26. h September, 2018 CRL.L.P. 74/2017 Represented by: Mr. Manoj K. Srivastava, ........ Petitioner versus Advocate Represented by: Mr. Rakesh Paliyal, Advocate. ..... Respondent CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) CRL.L.P. 74/2017 1. Aggrieved by the judgment dated 29th September 2016, whereby the learned Metropolitan Magistrate acquitted the respondent for the offence punishable under Section 138 Negotiable Instruments Act, 1881 in CC No.625555/2016 titled as "Vijay Kumar v. Daleep Kumar", the petitioner/complainant has preferred the present leave petition.2. Briefly stated, the facts of the present case as per the complaint are that respondent was one of the partners with the petitioner in the partnership firm namely 'M/s Mag Graphics'. In the month of January, 2013, respondent agreed to retire from the aforesaid firm and deed of retirement dated 24th January, 2013 was executed....


Sep 26 2018

Master Abhishek Mehra & Ors vs.jlg Retails Ltd & Ors

Court: Delhi

Decided on: Sep-26-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h September, 2018. EX.F.A. 23/2018 MASTER ABHISHEK MEHRA & ORS ..... Appellants Through: Mr. Aman Bhalla, Ms. Aastha Dhawan and Mr. Ali R. Osmani, Advs. versus JLG RETAILS LTD & ORS ........ RESPONDENTS Through: Mr. Naveen Sharma, Mr. S.K. Sharma and Mr. Sachin, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW This Execution First Appeal under Order XXI Rule 103 of the Code 1. of Civil Procedure, 1908 (CPC) impugns the order [dated 27th April, 2014 in Execution No.69/2017 of the Court of the Additional District Judge-05, New Delhi]. of dismissal of the application filed by the appellants for execution of an Arbitral Award as a decree, accepting the objections filed by the respondents/judgment debtors.2. This appeal came up first before this Court on 31st May, 2018, when upon the counsel for the appellant referring to Chairman and M.D., N.T.P.C. Ltd. Vs. Reshmi Constructions, Builders and Contractors AIR2004SC1330 not...


Sep 26 2018

Girjesh @ Babloo vs.state

Court: Delhi

Decided on: Sep-26-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:14. h September 2018 Decided on:26. h September 2018 + CRL.A. 497/2018 GIRJESH @ BABLOO ..... Appellant Through: Mr. Adit S. Pujari and Ms. Tusharika Mattoo, Advocates. versus STATE CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL Through: Mr. Hirein Sharma, APP. ..... Respondent JUDGMENT Dr. S. Muralidhar, J.:1. This appeal is directed against the judgment dated 18th December 2017 passed by learned Additional Sessions Judge-IV (North), Rohini Courts, Delhi in SC No.57509/2016 arising out of FIR No.154/2014 registered at PS Jahangirpuri convicting the Appellant for the offence punishable under Sections 302 and 324 IPC. The appeal is also directed against the order on sentence dated 11th January 2018 whereby, for the offence under Section 302 IPC, he was sentenced to imprisonment for life along with payment of fine of Rs.50,000/- and in default of payment of fine, to undergo simple imprisonment (SI) for one year. For the offence un...


Sep 26 2018

Vishal Vinay Bhatt & Ors. Vs.state of Nct of Delhi

Court: Delhi

Decided on: Sep-26-2018

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 4927/2018 Judgment delivered on:26. 09.2018 VISHAL VINAY BHATT & ORS STATE OF NCT OF DELHI versus ........ Petitioners ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr.Deepak Maharaj, Adv. Mr. Sanjeev Sabharwal,, Addl. PP for the State with SI Amrender, P.S.Fatehpur Beri Mr.Mahesh Verma, Advocate for R-2 with R-2 in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2609.2018 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.32982/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 4927/2018 & Crl.M.A.32983/2018 1.... Petitioners seek quashing of FIR No.17 of 2017 under Sections 498A/4of the IPC registered at Police Station Fatehpur Beri, Delhi, based on a settlement. It is contended that the FIR was lodged consequent to a matrimonial discord. CRL.M.C. 4927/2018 Page 1 of 3 2. Learned counsel for the parties submit that parties have entered into a settleme...


Sep 26 2018

North Delhi Municipal Corporation vs.shashi Wife & l.r. Of Late Sh. Na ...

Court: Delhi

Decided on: Sep-26-2018

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:26. h September, 2018 W.P.(C) 9383/2018 NORTH DELHI MUNICIPAL CORPORATION........ Petitioner Through: Ms. Namrata Mukim, Adv. versus SHASHI WIFE & L.R. OF LATE SH. NARESH KUMAR Through: Mr. Rajiv Aggarwal, Mr. ..... Respondent Sachin Kumar and Ms. Tanya Tiwari, Advs. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) This writ petition challenges an order, dated 9th April, 2018, 1. passed by the Controlling Authority under Section 7(4)(c) of the Payment of Gratuity Act, 1972 (hereinafter referred to as the Act) read with Rule 11(4) of the Payment of Gratuity (Central) Rules, 1972. The said order adjudicates a claim application filed by the respondent, who was the wife of a daily rated employee of the North Delhi Municipal Corporation, seeking gratuity, under the Act, purportedly due to her deceased husband. The, Controlling Authority W.P.(C). 9383/2018 Page 1 of 9 allowed the claim, by the impugned order dated 9...


Sep 26 2018

Suresh Kumar vs.kishan Gupta

Court: Delhi

Decided on: Sep-26-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SURESH KUMAR KISHAN GUPTA RFA No.922/2017 26th September, 2018 ..... Appellant Mr. Tanvir Khan, Advocate (9810755422) & Mr. Intikhab Alam, Advocate. Through: versus ..... Respondent Through: Mr. Darshan Paliwal, Advocate (9953288797) & Mr. R.K.Pillai, Advocate (8700485107) 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 27.07.2017 by which the trial court has decreed the suit for possession and mesne profits filed by the respondent/plaintiff. RFA9222017 Page 1 of 10 2. The facts of the case are that the respondent/plaintiff pleaded that he purchased the suit property from Sh. Yad Ram in terms of a registered Agreement to Sell and Purchase dated 16.04.2009. Respondent/Plaintiff paid a sum of Rs.2,15,000/- in ca...


Sep 26 2018

Suresh Kumar & Ors vs.rajiv Bhayana & Anr

Court: Delhi

Decided on: Sep-26-2018

$~6 * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI LA.APP. 279/2017 & CM No.31263/2017 (for stay) SURESH KUMAR & ORS Through: Mr. Abhimanyu Singh, Adv. ..... Appellants Versus RAJIV BHAYANA & ANR Through: Mr. S.K. Rout, Adv. for R-1. ........ RESPONDENTS Mr. Yeeshu Jain & Ms. Jyoti Tyagi, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % This appeal under Section 54 of the Land Acquisition Act, 1894 ORDER2609.2018 impugns the judgment and decree [dated 24th May, 2017 in LAC No.2A/(New No.260/2016) of the Court of Additional District Judge- 02, West]. on a Reference under Section 30-31 of the Act, finding the respondent no.1 to be entitled to the compensation and holding the three appellants to be not entitled to any compensation for the land acquired.2. This appeal came up before this Court first on 30th August, 2017 when the counsel for the respondent no.1, though on caveat, did not appear and the appeal was adjourned to 11th September, 2017 when notice thereof was ordere...


Sep 26 2018

Dr. Kimti Lal vs.harpal Singh & Anr

Court: Delhi

Decided on: Sep-26-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % DR. KIMTI LAL RFA No.436/2016 26th September, 2018 ..... Appellant Through: Mr. Ashish Dholakia, Mr. Rajiv Dewan and Mr. Angad Singh, No.Advocates 9811673338). (Mobile versus HARPAL SINGH & ANR ........ RESPONDENTS Through: Mr. Anil K. Kher, Sr. Advocate with Mr. Rishi Manchanda, Mr. Kunal Kher and Mr. D.R. Bhatia, Advocates (Mobile No.9910072729). CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) RFA No.436/2016 and C.M. Appl. Nos. 26409/2016 (for stay), 39689/2018 (under Section 340 (2) Cr.P.C., filed by the respondents) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit RFA No.436 /2016 Page 1 of 25 impugning the Judgment of the Trial Court dated 14.05.2016 by which the trial court has decreed the suit for specific performance filed by the respondents/plaintiffs with respect to half undivided share of prop...


Sep 26 2018

Naresh Kumar Sharma and Ors. Vs.state of Nct of Delhi and Ors.

Court: Delhi

Decided on: Sep-26-2018

$~77 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:26. h September, 2018 + W.P.(C) 10156/2018 NARESH KUMAR SHARMA AND ORS. ........ Petitioners Through Mr. Sarthak Chaudhary with Mr. Pawan Kumar, Advocates. versus STATE OF NCT OF DELHI AND ORS. ........ RESPONDENTS CORAM: Through Ms. Vibha Mahajan Seth, Advocate. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) CM APPL395822018 (exemption) 1.2. Exemption is allowed, subject to all just exception. The application stands disposed of. W.P.(C) 10156/2018 3. This is a petition under Article 226 of the Constitution of India filed by 55 petitioners seeking following reliefs : in the light of issue appropriate writ, order or direction in the (a) nature of mandamus information regarding the need for enrolment of several thousand Home Guards, and challenging the order and notification dated 20th July, 1959 passed by the Delhi Government terminating the services as Home Guards arbitra...


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