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Delhi Court January 2019 Judgments

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Jan 14 2019 (HC)

Raj Kumar Aggarwal & Ors. Vs.state Nct of Delhi

Court: Delhi

$~14 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:14. h January, 2019 + CRL.M.C. 4410/2016 RAJ KUMAR AGGARWAL & ORS. ........ Petitioners Through: Mr. Feroze Ahmad, Advocate versus STATE NCT OF DELHI ..... Respondent Through: Mr. Kewal Singh Ahuja, APP for State CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. Allegations have been made against the petitioners about their complicity in offences punishable under Sections 186, 353, 332, 342, 34 of Indian Penal Code, 1860 (IPC) in first information report (FIR) no.3registered in police station Mianwali Nagar at the instance of Constable Anil Kumar who was posted during the said period at the said police station and statedly had gone to the house of the petitioners accompanying ASI Dilbagh Singh. The petitioners have approached this court invoking the power and jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 Crl. M.C. No.4410/2016 Page 1 of 4 (Cr.P C) to seek quashing of the said FIR and the p...

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Jan 14 2019 (HC)

Ravi @ Gopal vs.state

Court: Delhi

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:14. 01.2019 BAIL APPLN. 2603/2018 RAVI @ GOPAL STATE versus ........ Petitioner ..... Respondent Mr. Sunil Tiwari, Advocate. Advocates who appeared in this case: For the... Petitioner : For the Respondent : CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr.Hirein Sharma, APP for the State. Insp. Sanjay Neolia, P.S.Crime. JUDGMENT1401.2019 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.191/2009 under Sections 397/342/34/412/2Indian Penal Code, 1860, Police Station Punjabi Bagh.2. 3. The petitioner has been in custody since 02.02.2018. Learned counsel for the petitioner submits that the petitioner was earlier granted bail in the year 2009, however, was subsequently apprehended on 02.02.2018. He submits that his bail has cancelled as BAIL APPLN. 2603/2018 Page 1 of 4 petitioner had failed to appear before the Trial Court and subsequently proceedings under Section 82 Cr.P.C were also initiated aga...

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Jan 14 2019 (HC)

Gir Raj Singh vs.union of India and Ors.

Court: Delhi

$~ * + % W.P.(C) 204/2019 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:14. 01.2019 GIR RAJ SINGH ........ Petitioner Through: Mr. S.M. Dalal with Mr. Ajay Yadav, Advs. versus UNION OF INDIA & ORS ..... Respondent Through: Mr. Parvinder Chauhan, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A. K. CHAWLA VIPIN SANGHI, J.(ORAL) 1. The petitioner has preferred the present writ petition to assail the order dated 07.09.2018 passed by Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No.2807/2018. The petitioner had moved MA No.3131/2018 to seek condonation of delay of 3473 days in filing the Original Application. The Tribunal has rejected the said Miscellaneous Application and, consequently, dismissed the Original Application as barred by Limitation.2. The case of the petitioner was that while he was serving as a Assistant Estate Officer (AEO) in the Slum Department (which stood transferred to W.P.(C) 204/2019 Page 1 of...

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Jan 14 2019 (HC)

Shahbuddin vs.state

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 14 , 2019 CRL.A. 1001/2018 & CRL. (BAIL) 1516/2018 SHAHBUDDIN .....Appellant Through: Mr. Maninder Singh, Ms. Aekta Vats and Mr. Anuj Singh, Advocates Versus STATE .....Respondent Through: Ms. Neelam Sharma, Additional Public Prosecutor with SI Anjani Kumar Singh CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Vide impugned Judgment of 28th March, 2018, appellant and his co- accused Baldev Raj @ Billu have been held guilty of offence punishable under section 3 (1) (ii) of Maharashtra Control of Organized Crime Act, 1999 (hereinafter referred to as MCOCA). Impugned order of 11th April, 2018, inflicts sentence for imprisonment for the period already undergone by appellant and co-accused, as they had already served sentence of eight years and four months with fine of 5,00,000/-each and in default of they have been directed to undergo simple imprisonment of two years. fine, Page 1 of 2 CRL.A. 1001/2018 At the outset, lea...

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Jan 14 2019 (HC)

Vijay Gupta vs.development Credit Bank Ltd. & Ors

Court: Delhi

$~24 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:14. h January, 2019 CRL.REV.P. 41/2019 VIJAY GUPTA Through: Mr. Kunal Kalra, Advocate ........ Petitioner versus DEVELOPMENT CREDIT BANK LTD. & ORS........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE CHANDER SHEKHAR Through: Mr. Parth Tandon, Advocate CHANDER SHEKHAR, J.(ORAL) CRL.M.A.575/2019 Allowed, subject to all just exceptions. The application is disposed of. CRL.REV.P. 41/2019 & CRL.M.A.576/2019 1. This criminal revision petition has been filed under Section 397 of the Code of Criminal Procedure, 1973 (Cr. PC) for quashing of the order dated 16.11.2018 [hereinafter referred to as impugned order]. passed by the learned Special Judge (PC Act) (CBI)-3, Saket Courts, New Delhi [hereinafter referred to as Trial Court]. without application of its judicial mind while dismissing the application under Section 156(3) Cr.PC in CC No.679/2018 titled Vijay Kumar Gupta v. Development Credit Bank Ltd. Crl.Rev.P.41/2019 Page 1 of 12...

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Jan 11 2019 (HC)

Travancore Medical College vs.union of India and Anr.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:8. h January, 2019 Pronounced on:11. h January, 2019 + W.P.(C) 10767/2018 & CM APPL. 41995/2018 TRAVANCORE MEDICAL COLLEGE ........ Petitioner Through: Mr. Sandeep Sethi, Sr. Adv. with Mr. Kaushal Gautam, Mr. Shrey Vardhan and Ms. Ekta Singh, Advs. versus % UNION OF INDIA AND ANR. ........ RESPONDENTS Through: Ms. Monika Arora, CGSC with Mr. Kaushal Kumar and Mr. Praveen Singh, Advs. for R-1 Mr. Vikas Singh, Sr. Adv. with Mr. T. Singhdev, Ms. Amandeep Kaur, Ms. Puja Sarkar, Mr. Tarun Verma and Mr. Abhijit Chakravarty, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT Facts 1. Section 10A of the Indian Medical Council Act, 1956 (hereinafter referred to as the IMC Act), deals with grant of permission for establishment of a new medical college or a new course of study, and reads thus: Permission for establishment of new medical 10.A college, new course of study etc. (1) Notwithstanding anything contained in this Act...

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Jan 11 2019 (HC)

Praveen Kumar Arora vs.akshay

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:17. h December, 2018 Pronounced on:11. h January, 2019 + RC.REV. 296/2016 PRAVEEN KUMAR ARORA ........ Petitioner Through : Mr.Gurvinder Singh, Advocate. AKSHAY ..... Respondent Through : Mr.Ashesh Lal and Mr.Raghav versus Parwatiyar, Advocates. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This petition challenges the order dated 11.03.2016 passed by the learned CCJ-cum ARC-I (Central) Tis Hazari Courts, Delhi whereby an application for leave to defend of the petitioner was dismissed and an eviction order under Section 14(1)(e) of the Delhi Rent Control Act, 1958 was passed.2. The respondent had filed an eviction petition for recovery of shop No.4700, ground floor, Laxmi Bazar, Cloth Market, Delhi-110006. The reasons for filing the petition are stated in para 18 of the petition as under:-"1. That the petitioner is the owner of the property bearing no.4698 and 4700 having area at the ground floor as 17 sq. yards...

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Jan 11 2019 (HC)

All India Petroleum Dealers Association and Ors vs.union of India and ...

Court: Delhi

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4052/2017 ALL INDIA PETROLEUM DEALERS ASSOCIATION AND ORS Through: Mr Rajesh Mahale, Advocate. ........ Petitioners versus UNION OF INDIA AND ORS ........ RESPONDENTS Through: Mr Vivek Goyal, CGSC with Mr Pawan Pathak, Advocates for UOI. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1101.2019 VIBHU BAKHRU, J1 The petitioners have filed the present petition, inter alia, impugning a Circular dated 04.04.2014 (hereafter the impugned circular) issued by respondent No.2 (hereafter IOCL). The petitioner No.1 is an Association of dealers appointed by IOCL for sale of petroleum products and its members are aggrieved by the impugned circular, inasmuch as, it provides for payment of interest for any shortfall in payments for supply Compressed Natural Gas (CNG) as specified therein. The petitioners contend that the payment terms for CNG supplies is arbitrary and unreasonable, inasmuch as, it provides for payment of interest on shortfall of...

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Jan 11 2019 (HC)

Isher Singh vs.shriram Insight Share Brokers Ltd.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:08. 10.2018 Date of decision :11. 01.2019 + O.M.P. (COMM.) 216/2016 ISHER SINGH ........ Petitioner Through: Mr.Sudhir K.Makkar, Sr. Adv. with Singh, Ms.Saumya Gupta, Mr.Gaurav Mr.Sudhanshu Mr.Abhishek Chaudhary, Advs. Suman, versus SHRIRAM INSIGHT SHARE BROKERS LTD. ..... Respondent Through: Mr.Raman Kapur, Sr. Adv. with Mr.Rajinder Mathur, Mr.N.Sharma, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA11. A common judgment has been passed with the lead case being O.M.P. 418/2015 titled Surinder Kaur vs. Shriram Insight Share Brokers Ltd. For the reasons stated therein, the present petition is dismissed with no order as to cost.2. A copy of the aforesaid order in O.M.P. 418/2015 is placed below. JANUARY11 2019/rv/vp NAVIN CHAWLA, J OMP (COMM.) No.216/2016 Page 1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:08. 10.2018 Date of decision :11. 01.2019 + O.M.P. 418/2015 + O.M.P. (COMM.) 216/2016 + O.M.P. (COMM.) 224/2016 & IA1560220...

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Jan 11 2019 (HC)

Mahesh vs.state (Nct Delhi) & Anr

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 11, 2019 BAIL APPLN. 789/2018 MAHESH Through: Ms. Sonia Mathur, Senior ........ Petitioner Advocate with Mr. Sushil Dueby, Ms. Prachi Aggarwal, Mr. Umang Verma & Ms. Divya Nair, Advocates Versus STATE (NCT DELHI) & ANR .....Respondents Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent- State Mr. B.S. Arora, Advocate for respondent No.2-NCB CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER... Petitioner seeks regular bail in SC/254/2017, under Sections 21(B) & 29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth referred to as the NDPS Act) on the ground of parity with co-accused Vijay Pal, who has been granted bail vide order of 14th March, 2018 (Annexure-2). On the basis of secret information, a parcel said to contain narcotic drug destined to Australia was intercepted and on its search, it was found that it contained 360 gms of methamphetamine. The said parcel was booked by the co...

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