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Delhi Court January 2019 Judgments

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Jan 28 2019 (HC)

Singhania and Partners vs.wacorp Hyundai India Limited & Ors.

Court: Delhi

* + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 28, 2019 CRL.M.C. 433/2019, Crl.M.A. 1886/2019 SINGHANIA AND PARTNERS ........ Petitioner Through: Mr. Vivek Goel and Mr. Kunal Dutta, Advocates Versus WAE CORP INDIA PRIVATE LIMITED & ORS. ...Respondents Through: Nemo. CRL.M.C. 439/2019, Crl.M.A. 1899/2019 SINGHANIA AND PARTNERS ........ Petitioner Through: Mr. Vivek Goel and Mr. Kunal Dutta, Advocates Versus WACORP HYUNDAI INDIA LIMITED & ORS. .....Respondents Through: Nemo. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) In the above captioned two petitions, the challenge is to order of 14th December, 2018 vide which, trial court in CC No.645/2017 and 646/2017 has issued fresh summons to the accused in proceedings under Section 138 of Negotiable Instruments Act, 1881. CRL. M.C. 433/2019 & CRL.M.C. 439/2019 Page 1 of 2 Notice of these petitions to opposite side is dispensed with, as the opposite side has not been served before trial court in pursuance to impugned...

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Jan 28 2019 (HC)

State vs.sultani & Ors.

Court: Delhi

$~ + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :14. h January, 2019 Decided on:-"28th January, 2019 Crl.Appeal No.64/2005 STATE Through: Mr. Amit Ahlawat, APP for the ..... Appellant State with ASI Pavinder Kumar, PS Chandni Mahal. versus SULTANI & ORS. ........ RESPONDENTS Through: Mr. M.S. Khan, Advocate with Mr. M.L. Yadav & Mohammad Sajid, Advocates CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT1 The respondents herein (the second respondent having been mis-described in the memo of parties) were sent up for trial on the basis of report (charge-sheet) under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C) dated 23.05.2001 submitted on conclusion of investigation into first information report (FIR) No.170/2000 of police station Chandni Mahal for offences punishable under Sections 452/354/506/3of Indian Penal Code, 1860 (IPC). The Metropolitan Magistrate, before whom the charge-sheet was submitted on 19.07.2001, having taken cognizance and issued process, the resp...

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Jan 28 2019 (HC)

Vishnu Dutt Sharma vs.kashmira & Ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.63/2019 + % VISHNU DUTT SHARMA28h January, 2019 ..... Appellant KASHMIRA & ORS. Through: Mr. Sunil Lalwani, Advocate versus (9891880710) Through: ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.3501/2019 (Exemption) 1. Exemption allowed subject to just exceptions. CM stands disposed of. CM No.3502/2019 (delay in re-filing) 2. For the reasons stated in the application, delay in re-filing is condoned, subject to just exceptions. CM stands disposed of. RFA No.63/2019 Page 1 of 12 RFA No.63/2019 3. 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 08.05.2018 by which the trial court has dismissed the suit for possession, damages and permanent injunction filed by the appellant/plaintiff with respect to the floors over the ground floor of...

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Jan 28 2019 (HC)

Mohan Lal Bajaj vs.state Gnct of Delhi & Ors.

Court: Delhi

$~13 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h January, 2019 + CRL.M.C. 2920/2016 and Crl. M.A. 18638-18641/2017 MOHAN LAL BAJAJ ........ Petitioner Through: None versus STATE GNCT OF DELHI & ORS ........ RESPONDENTS Through: Ms. Prabhsahay Kaur, Advocate for R-1 with SI Pramod Kumar Mr. K.P. Gupta, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. Master Saurabh, six years old son of the petitioner, was suffering from jaundice and was taken for treatment to Handa Nursing Home, a medical facility of the second respondent on 21.04.2006. The child unfortunately died in the evening of 26.04.2006 in the nursing home. The petitioner had made a call to the police control room (PCR) at about 6.30 p.m. on 26.04.2006 on the basis of which DD no.19A came to be recorded by police station Moti Nagar, a crowd of persons having held demonstration in or about the nursing home lodging protests and demanding its closure.2. The petitioner had made certain complaints to...

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Jan 28 2019 (HC)

Pradeep Kumar Gathania vs.state & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 28, 2019 CRL.M.C. 96/2019 & CRL.M.A. 429/2019 PRADEEP KUMAR GATHANIA ........ Petitioner Through: Mr. Deepak Bashta and Ms. Simon Benjamin, Advocates versus STATE & ANR .....Respondents Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent- State with SI Krishan Kumar CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) CRL.M.A. 430/2019 (Exemption) Allowed subject to all just exceptions. CRL.M.C. 96/2019 & CRL.M.A. 429/2019 No.93/2014, under of FIR Quashing Sections 120B/384/420/467/468 & 471 of IPC and Section 12 of Indian Passport Act, 1967, registered at police station Economic Offences Wing, Delhi is sought on merits. It is brought to the notice of this Court that the charge- sheet in the FIR case has been filed and the cognizance has been taken. Since petitioner has an alternate and efficacious remedy to seek discharge from trial court by urging the pleas taken herein, therefore, this CRL.M.C. 96/2...

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Jan 25 2019 (HC)

Kuljeet Singh Uppal vs.the State ( Nct of Delhi ) & Anr.

Court: Delhi

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. 01.2019 % + WP(CRL) 243/2019 & CRL.M.A. 1681/2019 KULJEET SINGH UPPAL THE STATE ( NCT OF DELHI ) & ANR versus ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioners : Mr.Sanjeev Singh, Advocate. For the Respondent: Ms.Amita Sachdeva, Adv. for Ms.Richa Kapoor, ASC for the State with SI Pawan Kumar, P.S.Kalkaji. Mr.Tanuj Agrawal, Adv for respondent No.2 along with Respondent No.2 in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner seeks quashing of FIR No.447/2013 under Sections 354A/509 IPC, Police Station Kalkaji.2. During investigation charge sheet was filed under Sections 354A/354D/509 IPC and Section 66A of the Information Technology Act. W.P(CRL) 243/2019 Page 1 of 3 3. Allegations in the FIR are that both the complainant as well as the petitioner worked in the same office. It is alleged that the petitioner wh...

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Jan 25 2019 (HC)

Prasar Bharati vs.m/s Eisa Lifts Pvt Ltd

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 190/2016 Reserved on:13. 11.2018 Date of decision :25. 01.2019 PRASAR BHARATI ........ Petitioner Through Mr.Virag Gupta and Mr.Gaurav Pathak, Advs. versus M/S EISA LIFTS PVT LTD ..... Respondent Through Mr.Anil Airi, Sr. Adv. with Mr.Sunil K.Chandwani, Mr.Ravi Krishan Chandna, Mr.Sameer Chandwani and Ms.Sadhana Sharma, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the Award dated 07.07.2014(hereinafter referred to as the Impugned Award) passed by the Sole Arbitrator rejecting the counter claims of the petitioner, while granting the claims of the respondent to the extent of Rs.24,44,500/- plus interest thereon.2. The petitioner by Letter of Award dated 31.10.2008 awarded the work for Construction of Soochna Bhawan Phase-V at New Delhi (SH- supplying, installation, testing...

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Jan 25 2019 (HC)

Swati & Anr. Vs.state & Anr.

Court: Delhi

* + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 25, 2019 CRL.M.C. 265/2019, CRL.M.A. 1123/2019 SWATI & ANR. ........ Petitioners STATE & ANR. Through: Mr. A.K. Chaudhary, Advocate versus Through: Mr. .....Respondents Izhar Ahmad, Additional Public Prosecutor for State with SI Nanu Ram Mr. A.N. Aggarwal, Advocate with Respondent No.2 in person CRL.M.C. 397/2019, CRL.M.A. 1713/2019 RAVISH KASHYAP & ORS. .....Petitioners CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) The above captioned two petitions are outcome of a marital discord. In the above captioned first petition, quashing of FIR No.95/2016, under CRL. M.C. 372/2019 Page 1 of 5 STATE & ANR. Through: Mr. A.N. Aggarwal, Advocate versus .....Respondents Through: Mr. M.P. Singh, Additional Public Prosecutor for State with ASI Tej Ram. Mr. AK. Chaudhary, Advocate with Respondent No.2 in person. Sections 468/471/420/209/5of IPC, registered at police station Dwarka South, New Delhi is sought by the wife and broth...

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Jan 25 2019 (HC)

R R v vs.j V

Court: Delhi

$~7 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:25. 01.2019 + MAT.APP.(F.C.) 215/2017 R R V Through: Mr.Roshan Saini and Ms.Kavita Saini, ..... Appellant J V Advocates versus Through: Mr.Sanjay Sehgal, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. Challenge in this appeal is to the order dated 10.11.2017 by which the Family Court while granting a decree of divorce in favour of the appellant- husband has awarded alimony to the respondent-wife at the rate of 33% of the gross salary of the appellant-husband after minimum statutory deductions.2. The brief facts of the case to be noticed for the disposal of the present appeal are that the marriage between the parties was solemnized on 29.11.1993 at Delhi as per Hindu rites and ceremonies. One daughter was born on 18.04.1995 out of the said wedlock, who is in the care and custody of the respondent-wife. The parties are living separately since 28.02....

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Jan 25 2019 (HC)

Krishna Devi & Ors vs.union of India & Ors

Court: Delhi

........ Petitioners Through: Mr.S.Chaturvedi, Advocate. IN THE HIGH COURT OF DELHI AT NEW DELHI $~7 * + W.P.(C) 3438/2015, CM APPLs.6148/2015 & 3436/2017 KRISHNA DEVI & ORS UNION OF INDIA & ORS CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA ........ RESPONDENTS Through: Mr.Yeeshu Jain, Standing Counsel with Ms.Jyoti Tyagi, Advocate for LAC/L&B. Mr.Arjun Pant, Advocate for DDA. versus % ORDER2501.2019 Dr. S. Muralidhar, J.:1. The prayers in the writ petition read as under: (i) to kindly issue a writ of certiorari and/or any other suitable writ, order and or direction declaring the entire acquisition proceedings in respect of and in relation to the petitioners' land to have lapsed and further issue order or direction quashing the impugned Notification No.F-11(19,) /2001/L&B/LA/20112 dated 21.03.2003 issued under Section 4, Notification No.F- 11(19) /2004/L&B/LA/28262 dated 19.03.2004 issued under section 6 of the land acquisition act, 1894 (hereinafter referred to as the 'Old Land A...

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