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Delhi Court January 2019 Judgments

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Jan 14 2019 (HC)

Sunita & Anr. Vs.brijender Singh Deshwal

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 14, 2019 CRL.M.C. 4542/2017 SUNITA & ANR. Through: Mr. Tanmay Mehta, Advocate .....Petitioners Versus BRIJENDER SINGH DESHWAL .....Respondent Through: Mr. Vikram Singh Panwar, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Impugned order of 12th September, 2017 directs petitioner to place on record the income tax returns and bank statements of her brother and sister, as the case of petitioner before the trial court was that petitioner is being maintained by them. Learned counsel for petitioner relies upon Supreme Courts decision in Manish Jain vs. Akanksha Jain AIR2017SC1640to submit that the financial position of the relatives of the wife is not required to be taken into consideration. Learned counsel respondent submits that maintenance of 5,200/- has been already fixed in proceedings under The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as DV Act) and this fact has not be...

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Jan 14 2019 (HC)

Mahesh Kumar Sharma vs.sahara India Pariwar

Court: Delhi

$~11 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. 01.2019 W.P.(C) No.8745/2010 ........ Petitioner MAHESH KUMAR SHARMA Through Mr.L.S.Chaudhary, Adv. with Mr.Ajay Chaudhary, Adv., Mr.Parambir Singh, Adv., Mr.Vishesh Kumar, Adv., Mr.Viresh Chaudhary, Adv. & Mr.Anurag Tomar, Adv. versus SAHARA INDIA PARIWAR ..... Respondent Through Ms.Neha Gupta, Adv. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. Vide the present petition under Article 226 of the Constitution of India, the petitioner seeks quashing of the orders dated 20th September, 2010 and 23rd September, 2010 as also the Award dated 27th September, 2010 passed by the learned Labour Court, Karkardooma Courts, Delhi in ID No.2(old) 4(new).2. The brief facts necessary for the adjudication of the present writ petition may be noted at the outset. The petitioner having been appointed as a Clerk/Assistant Junior Worker (Cashier) with the respondent on 23rd November, 1985, was dismissed from service vide...

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Jan 14 2019 (HC)

Container Corporation of India vs.united India Insurance Co. Ltd. And ...

Court: Delhi

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.398/2006 14th January, 2019 CONTAINER CORPORATION OF INDIA ..... Appellant Through: Mr. S.C. Rajpal and Mr. Varun (Mobile No.Rajpal, Advocates 9891175510). versus UNITED INDIA INSURANCE CO. LTD. AND ANR. ........ RESPONDENTS Through: Mr. Sameer Nandwani and Mr. for R-1 Junaidullah, Advocates (Mobile No.9810528802). Mr. Akhil Sachar and Ms. Sunanda Tulsyan, Advocates for R-2 (Mobile No.9891105069). CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) RFA No.398/2006 and C.M. Appl. No.9186/2006 (for stay) RFA No.398/2006 Page 1 of 20 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant No.1 in the suit impugning the Judgment of the trial court dated 03.03.2006 by which the trial court has decreed the suit filed by the respondent No.1/ plaintiff/subrogee insurance company for an amount of Rs.10,56,347/- along with int...

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Jan 14 2019 (HC)

Roshan vs.state

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 14, 2019 BAIL APPLN. 70/2019 & CRL. M.A. 592/2019 ROSHAN .....Petitioner Through: Mr. Ashwani Kumar Sharma, Advocate Versus STATE .....Respondent Through: Mr. M.P.Singh, Additional Public Prosecutor for respondent-State with ASI Sanwal Ram CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner seeks pre-arrest bail in FIR No.909/2018, under Sections 323/3IPC, registered at police station Aman Vihar, Delhi on the ground that the FIR in question, registered on 15th September, 2018 at 09:00 p.m., is a counter blast to FIR No.877/2018 registered at the instance of father of petitioner against complainant of this FIR, which was registered on 5th September, 2018 alleging theft of jewellery, cash etc. The worth of jewellery stolen is said to be approximately 20,00,000/- and besides it, cash amount of 20,00,000/- has been also stolen. Counsel for petitioner submits that complainant of FIR in question, has been named a...

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Jan 14 2019 (HC)

Delhi Development Authority vs.ram Kumar Sharma & Anr

Court: Delhi

$~16 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:14. 01.2019 W.P.(C) 3197/2018 & CM APPL. 12704-12705/2018 DELHI DEVELOPMENT AUTHORITY ........ Petitioner Through: Mr. Arun Birbal and Mr. Ajay Birbal, Advocates. versus RAM KUMAR SHARMA & ANR ........ RESPONDENTS Through: Mr. Manish Kaushik and Mr. Mishal Johari, Advocates for R-1. Mr. R. Mishra, Mr. Mukesh Kumar Tiwari and Mr. Abhishek Rana, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA JUDGMENT VIPIN SANGHI, J.(ORAL) The Delhi Development Authority has preferred the present writ 1. petition to assail the order dated 17.01.2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal) in OA No.4376/2015.2. The said Original Application preferred by the respondents has been allowed by the Tribunal with a direction to the petitioner to pay to the W.P.(C) 3197/2018 Page 1 of 10 respondent arrears of full pay and allowances, less the subsistence all...

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Jan 14 2019 (HC)

The Arora Co Operative Urban Thrift & Credit Society Ltd vs.namita Yad ...

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:19. h December, 2018 Pronounced on:14. h January, 2019 + RC.REV. 591/2018, CM APPL.No.51306/2018 THE ARORA CO OPERATIVE URBAN THRIFT & CREDIT SOCIETY LTD ........ Petitioner Through : Mr.Deepak Anand, Ms.Hemlata and Mr.Ayushman, Rawat Advocates. NAMITA YADAV versus ..... Respondent Through : Mr.A.K.Singla, Sr. Advocate with Mr.Sheetesh Khanna, Advocate. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This petition challenges the order dated 06.06.2018 passed in eviction petition No.E-369/2018 titled Smt. Namita Yadav vs. The Arora Co-Operative Urban Thrift and Credit Society Ltd.2. The learned counsel for the petitioner/tenant submits the petition for eviction under Section 14(1)(e) was filed by the respondent herein against the petitioner which was first listed on 02.05.2018 when the Court passed the following order: Fresh eviction petition under Section 14(l)(e) read with Section 25B of DRC Act was received by wa...

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Jan 14 2019 (HC)

Rajender Kumar vs.rama Bala Gupta

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.322/2017 + % RAJENDER KUMAR14h January, 2019 ..... Appellant Through: Mr. P.K. Malik, Advocate with Ms. Meena Jindal, Advocate. RAMA BALA GUPTA versus ..... Respondent Through: Ms. Manisha Parmar, Advocate with Ms. Siddhi Mittal, Advocate (M. No.9899689681). 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 plaintiff in the suit impugning the Judgment of the trial court dated 29.11.2016 by which the trial court has dismissed the suit for specific performance filed by the appellant/plaintiff with respect to the suit property bearing No.E-2, Upper Ground Floor, Jawahar Park, Laxmi Nagar, Delhi-110092 and with respect to which, the parties had entered into two agreements on RFA No.322/2017 Page 1 of 34 20.02.2008, one being an Agreement to Sell and another being an Memorandum of U...

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Jan 14 2019 (HC)

Babita vs.omwati & Anr

Court: Delhi

BABITA $~1 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order:14. 01.2019 C.R.P. 259/2018 ........ Petitioner Through: Mr. Medanshu Tripathi & Mr. Satish Rana, Advocates. Versus OMWATI & ANR ........ RESPONDENTS Through: Mr. Nikhil Bahri, Advocate for R-1. Ms. Prabjot Kaur, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE VINOD GOEL % ORDER1401.2019 C.M. No.51002/2018 (for exemption) Allowed, subject to all just exceptions. The application is disposed of. C.R.P. No.259/2018 & C.M. No.51003/2018 (for stay) 1. The impugned order dated 01.10.2018 passed by the Court of learned Civil Judge-I, New Delhi, dismissing the application of the... Petitioner under Order VII Rule 11 CPC is the subject-matter of challenge in this Revision Petition. C.R.P. 259/2018 Page 1 of 2 2. The Ld. counsel for the... Petitioner contends that prior to the filing of the suit for Permanent and Mandatory Injunction by the Respondent No.1/plaintiff against the petitioner and Respondent No.2, no pre-requisite no...

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Jan 14 2019 (HC)

Jamal Malik @ Jamal Baba vs.state & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 14, 2019 CRL.M.C. 129/2019 & Crl.M.A. 598/2019 JAMAL MALIK @ JAMAL BABA Through: Mr. Sher Singh, Advocate Versus STATE & ANR. ........ Petitioner ........ RESPONDENTS Through: Mr. Izhar Ahmed, Additional Public Prosecutor for respondent-State with SI Surender Singh Mr. Manmohan Goyal, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.376/2013, under Sections 498-A/4of IPC, registered at police station Tilak Nagar, Delhi is sought on the basis of Settlement of 26th November, 2014 arrived at Family Court, Tis Hazari Courts, Delhi (Annexure -9). Notice. Mr. Izhar Ahmed, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so by SI Surender Singh on the basis of identity proof produced by her as well as ...

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Jan 14 2019 (HC)

Prem Yadav vs.state (Govt. Of Nct of Delhi)

Court: Delhi

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:14. 01.2019 BAIL APPLN. 69/2018 PREM YADAV versus STATE (GOVT. OF NCT OF DELHI) ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Satish Tamta, Sr. Adv. with Mr. Ayub Khan, Ms. Nisha Narayanan and Ms. Gulabsa, Advs. For the Respondent: Mr. Hirein Sharma, APP for the State with SI Anu Ms. Sumya Juneja, Adv. for complainant/R-2 CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks anticipatory bail in FIR No.442/2017 under Section 376/354-D/506 of the IPC, Police Station Mansarovar Park.2. By order dated 26.02.2018, petitioner was granted interim protection subject to petitioners joining investigation.3. Learned Addl. PP, under instructions from the IO informs that chargesheet has been filed. He submits that since the petitioner was granted interim protection, chargesheet has been filed without arrest. BAIL APPLN. 69/2...

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