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Delhi Court January 2019 Judgments

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Jan 22 2019 (HC)

Arshad Ali @ Munna Khan vs.the State (Nct of Delhi)

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 576/2018 IN THE MATTER OF: ARSHAD ALI @ MUNNA KHAN ..... Appellant 10.01.2019 Reserved on: Date of decision:22. 01.2019 (DHLSC) Through: Mr. B. Badrinath, Advocate versus THE STATE (NCT OF DELHI) CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE MANOJ KUMAR OHRI ..... Respondent Through: Ms. Aasha Tiwari, APP for the State with Inspector Krishan Kumar, I/C Lock-up with SI Omveer, PS Nand Nagari. HIMA KOHLI, J.1. The appellant is aggrieved by the judgment dated 28.2.2018 passed by the learned Addl. Session Judge (Fast Track Court), Shahdara Karkardooma Court, Delhi, in S.C. No.54/2014, arising out of FIR No.366/2014, P.S. Nand Nagari whereunder he has been held guilty and convicted under SectionsIPC for a double murder, one of his daughter-in-law, Nagma and the other of her 22 days old daughter, Sofia. However, the appellant and his son, accused No.2, Ibne Ali, were acquitted for the offence under Sections 498-A/34 IPC. Vide ord...

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Jan 22 2019 (HC)

Pawan Kumar Yadav & Anr. Vs.shail Yadav & Ors.

Court: Delhi

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Order:22. 01.2019 Tr. P. (C) No.4/2019 PAWAN KUMAR YADAV & ANR. Through: Mr. Kuljeet Rawal, Advocate. ........ Petitioners Versus SHAIL YADAV & ORS. Through: Respondent in person. ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD GOEL C.M. No.3108/2019 (for exemption) Allowed, subject to all just exceptions. The application is disposed of. Tr. P. (C) No.4/2019 & C.M. No.3109/2019 (for stay) 1. The petitioner seeks transfer of case being Misc. No.548/2018 in Civil Suit No.12592/2016 from the court of learned Additional District Judge-II, Central District, Tis Hazari Courts, New Delhi (ADJ) to this court.2. On 04.08.2018, the court of learned Additional District & Sessions Judge, Patiala House Court, New Delhi (ADJ ND) passed a final decree for partition in Civil Suit No.12592/2016 titled as Lt. Col. Gaj Singh Yadav (Retd.) through LRs. & Ors. Vs. Shyam Bai (deleted) Tr.P.(C) No.4/2019 Page 1 of 5 & Ors. In the short order of the ...

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Jan 22 2019 (HC)

Nitesh Kumar @ Nitesh Kapoor vs.state Govt of Nct of Delhi & Ors

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 22, 2019 CRL.M.C. 1804/2018 & CRL.M.A. 6443/2018 NITESH KUMAR @ NITESH KAPOOR .....Petitioner Through: Mr. Amardeep Singh, Advocate versus STATE GOVT OF NCT OF DELHI & ORS .....Respondents Through: Mr.M.P. Singh, learned Additional Public Prosecutor with SI Amit Rana Mr. Suhail Sharia, Advocate with respondents No.2 and 7 to 10 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.671/2014, under Sections 284/287/304A of IPC, registered at police station Swaroop Nagar, Delhi is sought on the basis of Settlement-Agreements of 24th April, 2017 (Annexure-B) and 16th March, 2018 (Annexure- C) and affidavit of respondents No.2 and 7 to 10 in support of this petition. Upon notice, Mr. M.P. Singh, Learned Additional Public Prosecutor submits that... RESPONDENTS No.2 and 7 to 10 present in the Court, are the legal heirs of deceased Raju @ Sarfe Alam. It is submitted that respondents No.9 and 10 are the...

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Jan 21 2019 (HC)

Ncc-Bgr Consortium and Anr. Vs.ntpc Ltd.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:21. 01.2019 + W.P.(C) 702/2018 & C.M. Nos. 3014-3015/2018, 31940/2018 & 31942/2018 NCC-BGR CONSORTIUM AND ANR. NTPC LTD. versus Advocates who appeared in this case: ........ Petitioners ..... Respondent For the... Petitioners: For the Respondent: Mr Sandeep Sethi, Sr Advocate with Ms Priya Kumar, Mr Adhish Srivastava, Mr Tejas Chhabra, Mr Anand Chichra and Mr Sujit Kumar Singh. Mr Tushar Mehta, SGI with Mr Puneet Taneja, Ms Shaheen, Ms Laxmi Kumari, Mr Kanu Agarwal and Ms Khushboo. CORAM HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J Introduction 1. The petitioner has filed the present petition, inter alia, praying that directions be issued to the respondent to comply with Clause 23 of the Project Agreement and to convene a meeting for discussion/amicable resolution of the disputes. The petitioner further W.P.(C) 702/2018 Page 1 of 12 impugns a notice dated 20.12.2017 issued by the respondent (hereafter NTPC).2. T...

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Jan 21 2019 (HC)

Bigtree Entertainment Pvt Ltd vs.d Sharma & Anr

Court: Delhi

$~J- * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Pronounced on:21. 01.2019 CS(COMM) 609/2016 BIGTREE ENTERTAINMENT PVT LTD. ....... Petitioner Through Mr.Sandeep Sethi, Sr.Adv. with Sukumar, Ms.Surya Ms.Swathi Rajappan and Mr.V.Akshay, Advs. versus D SHARMA & ANR ........ RESPONDENTS Through Mr.M.K.Miglani, Mr.Jithin M.George, Mr.Vivek Kishore and Mr.Rahul Chandra, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.I.A. Nos. 25542/2014 (u/O39R1& 2 CPC), 1345/2015 (u/O39R4CPC), 12014/2016(u/O39R1& 2 CPC) & 1028/2017 (u/O39R1& 2 CPC) 1. The present suit is filed by the plaintiff seeking an order of permanent injunction to restrain the defendants, their partners, proprietors, etc from in any manner using the mark BOOKMYEVENT or using the prefix BOOKMY as trade mark/trade name or as part of its corporate name, domain name or trading name in respect of online ticketing services or any similar services. Other connected reliefs have also been sought. CS(COMM) No.609/2016 P...

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Jan 21 2019 (HC)

Krishan Kumar @ Pintu vs.state of Nct of Delhi & Ors

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 21, 2019 CRL.M.C. 303/2019 & CRL.M.A. 1317/2019 KRISHAN KUMAR @ PINTU .....Petitioner Through: Mr. Yogesh Swaroop and Mr. Abdul Gaffar, Advocates versus STATE OF NCT OF DELHI &ORS .....Respondents Through: Mr. M.P. Singh, Additional Public Prosecutor with SI Pankaj Kumar Mr.Saurabh Pandey, Advocate for respondents No.2 to 4 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) of under Quashing 428/2012, FIR No.Sections 452/323/324/325/506/3of IPC, registered at police station Karawal Nagar, Delhi of Memorandum of Understanding/Compromise Deed of 3rd October, 2017 (Annexure-5) and on the ground that the misunderstanding which led to registration of the FIR now stands cleared between the parties. the basis is sought on Notice. Mr. M.P. Singh, Additional Public Prosecutor for respondent-State and Mr. Saurabh Pandey, Advocate for respondent No.2 accept notice. Learned Additional Public Prosecutor for respondent-State and coun...

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Jan 21 2019 (HC)

Rajkumar Pathak vs.nidhi Verma

Court: Delhi

$~33 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:21. t January, 2019 + CRL.M.C. 286/2019 and Crl. M.A. 1206/2019 RAJKUMAR PATHAK ........ Petitioner Through: Ms. Nitya Ramakrishnan, Mr. Vaibhav Srivastava, Mr. Saaaduzzaman and Mr. P. Kaistha, Advocates versus NIDHI VERMA ..... Respondent Through: None CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The respondent is described as a person married to a senior serving officer of Indian Police Service (IPS), she having had reasons to institute proceedings against her husband by a petition (complaint case no.15783/2014) under Section 12 of Protection of Women from Domestic Violence Act, 2005 to seek certain reliefs. It is stated that she had sworn an affidavit on 24.01.2015 which was submitted by her in the course of the said proceedings, then pending in the court of the Metropolitan Magistrate, the disclosures made in the affidavit concerning the assets, investments, etc. having a bearing on the subject matter of the case. Crl....

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Jan 21 2019 (HC)

Delhi Milk Scheme Employees Union (Regd.) and Anr. Vs.the Union of Ind ...

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:21. t January, 2019 + W.P.(C) 13653/2018 & CM Appl. 53215/2018 (for interim relief) DELHI MILK SCHEME EMPLOYEES UNION (REGD.) AND ANR. Through: Mr.R.P.Gupta, Advocate ........ Petitioners THE UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr.Kirtiman Singh, CGSC with versus Ms.Shruti Dutt, Mr.Prateek Dhanda, Mr.Waize Al Noor & Mr.Nikhil Lal, Advocates for R-1, R-2 & R-6. Mr.Atul Batra, Advocate for R-4 Mr.Jayant Bhushan, Sr.Advocate with Mr.Ajay Bhargava, Mr.Aseem Chaturvedi & Mr.Shivank Diddi, Advocates for R-5 CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J.(ORAL) % 1. The challenge in this petition is to a tender dated 27.06.2018, whereby the Union of India has invited bids from prospective concessionaires to take over the operations and management of the Delhi Milk Scheme [hereafter referred to as "DMS"]. for a period of thirty years. The petitioners claim to be a registered ...

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Jan 21 2019 (HC)

M/S Pieco India Engineering Co Pvt Ltd vs.m/s Shatabdi Switchgears & C ...

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.45/2019 % M/S PIECO INDIA ENGINEERING CO PVT LTD ..... Appellant 21st January, 2019 Through: Mr. Neeraj Malhotra, Sr. Advocate with Mr. Burjis Shabir and Ms. Cassandra Zosangliani, Advocates (Mobile No.9821298197). versus M/S SHATABDI SWITCHGEARS & CONTROL PVT. LTD. & ORS. ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.2484/2019 (for exemption) 1. Exemption allowed, subject to just exceptions. C.M. stands disposed of. C.M. Appl. No.2482-83/2019 (for delay in filing and re-filing) 2. For the reasons stated in the applications the delays in filing and re-filing the appeal stand condoned, subject to just exceptions. RFA No.45/2019 Page 1 of 7 C.Ms. stand disposed of. RFA No.45/2019 and C.M. Appl. No.2481/2019 (for stay) 3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant No.1 in the...

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Jan 21 2019 (HC)

Akhtar vs.the State (Nct of Delhi)

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 21, 2019 BAIL APPLN. 139/2019 & 1230/2019 AKHTAR Through: Mr. Shaad Ahmad, Advocate .....Petitioner versus THE STATE ( NCT OF DELHI) .....Respondent Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent- State with SI Priyank Rane CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner seeks bail in application No.216 FIR No.283/18, under Sections 308/3of IPC, registered at police station DBG Road, Karol Bagh, Delhi, while claiming that petitioner is in custody since 7th December, 2018. Learned counsel for petitioner submits that the incident in question had taken place on a trivial issue and the complainant's version stands contradicted from the medical evidence on record. It is also submitted that regarding this incident, cross FIR No.284/18, under Sections 323/3of IPC, has been registered at police station DBG Road, Karol Bagh, New Delhi and complainant of this FIR is accused in cross FIR i...

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