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Delhi Court February 2019 Judgments

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Feb 15 2019 (HC)

Abdul Khalid & Ors. Vs.govt of Nct of Delhi & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 15, 2019 + CRL.M.C. 852/2019 ABDUL KHALID & ORS .....Petitioners Through: Mr. Harish Kumar, Advocate versus GOVT OF NCT DELHI & ANR .....Respondents Through: Mr. M. S. Oberoi, Additional Public Prosecutor with SI Omveer Singh Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.735/2017, under Sections 498A/4of IPC, registered at police station Nand Nagari, Delhi is sought on the basis of Memorandum of Understanding of 4th July, 2018 reached between the parties. Upon notice, Mr. M.S.Oberoi, learned Additional Public Prosecutor for respondent-State submits that respondent No.2, present in the Court is the complainant/first informant of FIR in question and she has been identified to be so, by learned Additional Public Prosecutor on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably reso...

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Feb 15 2019 (HC)

Northern Railways Out Agency (Noida) vs.divisional Railways Manager No ...

Court: Delhi

$~26 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:15. 02.2019 LPA1652018 NORTHERN RAILWAYS OUT AGENCY (NOIDA)..... Appellant Through: Mr. V.K. Shukla, Ms. Nupur Shukla and Mr. B.R. Pandey, Advocates. versus DIVISIONAL RAILWAYS MANAGER NORTHERN RAILWAYS & ANR. ........ RESPONDENTS Through: Mr. Jagjit Singh, Sr. Standing Counsel for Railways with Mr. Vipin Chaudhary and Mr. Preet Singh, Advocates. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K.CHAWLA JUDGMENT VIPIN SANGHI, J.(ORAL) 1. The appellant-Northern Railways Out Agency (Noida), assails the judgment of the learned Single Judge dated 29.01.2018 in W.P. (C) No.5746/2016. The said writ petition preferred by the appellant stands dismissed by the learned Single Judge, wherein the appellant had assailed LPA1652018 Page 1 of 9 the order dated 03.06.2016 rejecting the representation of the appellant for renewal/extension of the Railway Parcel Booking Agency, named as Northern Railway Out Agency (Noida). ...

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Feb 15 2019 (HC)

Ntpc Ltd & Anr vs.ncc Bgr Consortium & Anr

Court: Delhi

+ IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: February 06, 2019 Judgment delivered on: February 15, 2019 LPA612019, CM No.4374/2019 NTPC LTD & ANR ..... Appellants Through: Mr. Tushar Mehta, SG with Mr. Puneet Taneja, Mr. Kanu Agarwal, Ms. Shaheen and Ms. Laxmi Kumari, Advs. for NTPC versus NCC BGR CONSORTIUM & ANR ........ RESPONDENTS Through: Mr. Dayan Krishnan, Sr. Adv. with Ms. Filza Moonis, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 This Intra-Court appeal has been filed by the NTPC Ltd. and another challenging the judgment dated January 21, 2019 passed by the learned Single Judge in W.P.(C) No.702/2018 where by the learned Single Judge has allowed the writ petition and directed the appellant NTPC to hold Good Faith Discussions with the respondent herein in terms of Clause 23.1 (b) of the Project Agreement, which shall also be construed as compliance of Clause 24.4(c) of the said Agreement.2. Some of the...

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Feb 15 2019 (HC)

Vivek Mohindra vs.ritu Mohindra

Court: Delhi

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.REV.P. 371/2018 & Crl.M.A.8085/2018 Judgment delivered on:15. 02.2019 VIVEK MOHINDRA versus RITU MOHINDRA ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr. Ajay Digpaul, Adv. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr.Kamran Malik and Mr.Syed Shakeel Hussain, Advocates. JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 12.03.2018 whereby the defence of the petitioner was struck off by the Trial Court for non-payment of the arrears.2. On 01.05.2018 interim directions were issued whereby petitioner was directed to clear the entire arrears in terms of the schedule specified therein.... Petitioner was directed to pay monthly amount of Rs.2 lakhs along with Rs.5 lakhs per quarter to clear the arrears.3. It is an admitted position that petitioner since 01.05.2018 has been complying with the said order, though grievance is raised by CRL.REV.P...

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Feb 15 2019 (HC)

Dr P K Gupta vs.delhi Medical Council & Anr

Court: Delhi

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1551/2019 & CM Nos.7139/2019, 7140/2019 & 7141/2019 DR P K GUPTA ........ Petitioner Through: Dr M. C. Gupta with Mr Ritesh Kumar Pandey, Advocates. versus DELHI MEDICAL COUNCIL & ANR ........ RESPONDENTS Through: Mr Praveen Khattar, Advocate for R-1/DMC with Mr LDS Uppal, Assistant Secretary, DMC. Mr T. Singhdev, Mr Tarun Verma, Ms Michalle B. Das, Ms Puja Sarkar, Ms Amandeep Kaur and Mr Chakrawarty, Advocates. Abhijit CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1502.2019 VIBHU BAKHRU, J1 The petitioner has filed the present petition impugning an order dated 02.06.2016 passed by respondent no.1 (DMC), whereby the petitioner has been debarred from practising modern scientific system of medicines in NCT of Delhi.2. A perusal of the order indicates that the same has been passed pursuant to a complaint that was filed by one Mr Ritesh Panwar. The allegations made by the complainant had not been controverted by the W.P. (C) 1551/20...

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Feb 15 2019 (HC)

Deepa Bhure & Ors vs.jai Kishan & Anr

Court: Delhi

$~28 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15. h February, 2019. DEEPA BHURE & ORS ..... Plaintiffs CS(OS) 3324/2014 Through: Mr. Hemant Mehla, Advocate in and petitioner (9810270050) person. Mr. C.S. Rathoor and Mr. Athar Alam, Advocates for Mr. P.K. Chauhan,. JAI KISHAN & ANR ..... Defendant versus Through: Defendants in person. Mr. Rizwan, Advocate with Mr. Jitender Malik, S.I. for SHO (Saket) (M:96433. 9576). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present suit for partition has been filed by Smt. Deepa Bhure wife of Late Sh. Jagveer Singh and her two minor sons. Late Sh. Rattan Singh, who died on 31st March, 2014 had two sons, namely, Sh. Jagveer Singh and Sh. Jai Kishan- Defendant No.1. Sh. Jagveer Singh passed away and the Plaintiff has sought partition, rendition of accounts and recovery from her brother in law - Sh. Jai Kishan and her mother-in-law Smt. Bala Devi.2. The suit was initially listed on 7th November, 2014 on whic...

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Feb 15 2019 (HC)

Nexim Exports Pvt. Ltd. And Anr. Vs.b.b.patel

Court: Delhi

$~SB-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgement:15. h February, 2019 RFA.(OS).32/2002 NEXIM EXPORTS PVT. LTD. AND ANR. ..... Appellant Through Mr. Rakesh Tiku, Senior Advocate with Ms. Ananya Bhattacharya, Advocate. versus B.B.PATEL ..... Respondent CORAM: Through Mr. Hemant Gupta, Ms. Monica Anand & Mr. Alok Sharma, Advocates. HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MR. JUSTICE SUNIL GAUR G.S. SISTANI, J.(ORAL) Review Pet. 265/2015 & CM.APPL88462015(delay) 1. By way of this review petition, the petitioner/appellant seeks review of the order dated 07.08.2014 by which an application being CM88032014 filed in the present appeal being RFA (OS) 32/2002 seeking permission to withdraw the appeal was allowed. The review petition is accompanied with an application being CM APPL88462015 seeking condonation of 245 days delay in filing the review petition.2. The necessary facts required to be noticed for disposal of this review petition and CM APPL88462015 are that the app...

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Feb 15 2019 (HC)

Pawan Kumar Sharma vs.union of India & Ors

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:23. d January, 2019 Decided on:15. h February, 2019 W.P.(C) 3859/2017 ........ Petitioner Through: Mr. Ankur Chhibber, Advocate. PAWAN KUMAR SHARMA UNION OF INDIA & ORS versus ........ RESPONDENTS Through: Ms. Sangita Rai, SCGC with Mr. Pradeep Singh Tomar, Advocate. CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA JUDGMENT Dr. S. Muralidhar, J.:1. The... Petitioner is aggrieved by the refusal of the... RESPONDENTS to grant him the benefit of the Assured Career Progression Scheme (ACP Scheme) with effect from 7th December, 1999 the date on which he completed 12 years of service having been appointed as Naik (CM) in the Indo Tibetan Border Police (ITBP) on 7th December, 1987. The... Petitioner challenges an order dated 25th November, 2016 issued by the Directorate of the ITBP rejecting the above plea.2. The background facts are that the... Petitioner was appointed as Naik (CM) in the ITBP with effect from 7th December, 1987 i...

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Feb 15 2019 (HC)

Satish Kumar Garg vs.state

Court: Delhi

$~40 & 41 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:15. 02.2019 % + BAIL APPLN. 393/2019 DEVENDER GARG versus STATE ........ Petitioner ..... Respondent ........ Petitioner ..... Respondent + BAIL APPLN. 394/2019 SATISH KUMAR GARG STATE versus Advocates who appeared in this case: For the... Petitioner : Mr. Kunal Madan with Ms. Ritu Kumari, Advocates. For the Respondent: Mr. Hirein Sharma, APP for the State. SI Sukhbir Singh, PS Keshav Puram. ASI Karam Vir Singh, PS North Rohini. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.3466/2019 (exemption) in BAIL APPLN. 393/2019 Crl.M.A.3467/2019 (exemption) in BAIL APPLN. 394/2019 Exemptions are allowed subject to all just exceptions. BAIL APPLN. 393/2019 & BAIL APPLN. 394/2019 Page 1 of 3 BAIL APPLN. 393/2019 & BAIL APPLN. 394/2019 1.... Petitioners seek anticipatory transit bail in FIR No.15/2019 under SectionsIPC, Police Station Khairtal Jila, Alwar, Rajasthan.2. Learned counsel...

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Feb 15 2019 (HC)

Bajaj Allianz Genral Insurance Co Ltd vs.vijay Shah & Others

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.132/2019 + % BAJAJ ALLIANZ GENRAL INSURANCE CO LTD ..... Appellant 15th February, 2019 Through: Ms. Neerja Sachdeva, Advocate. Versus (9810835738) VIJAY SHAH & OTHERS ........ RESPONDENTS Through CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) CM No.7050/2019 (Exemption) 1. Exemption allowed subject to just exceptions. CM stands disposed of. CM Nos. 7049/2019 (delay in filing) & 7052/2019 (delay in re- filing) 2. For the reasons stated in the applications, delays in filing and re-filing are condoned, subject to just exceptions. RFA No.132/2019 Page 1 of 11 CMs stand disposed of. RFA No.132/2019 & CM No.7051/2019 (stay) 3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no.1/ insurance company in the suit impugning the Judgment of the trial court dated 29.01.2018 by which the trial court has decreed the suit filed by...

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