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Delhi Court February 2019 Judgments

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Feb 14 2019 (HC)

Dhiraj Verma & Ors. Vs.state & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 14, 2019 CRL.M.C. 5042/2018 DHIRAJ VERMA & ORS. .....Petitioners Through: Mr. P.N.Sharma, Advocate versus STATE & ANR. .....Respondents Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent- State with ASI Devender Gupta Mr.Mohit Goswami, Advocate with respondents No.2 to 4 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.124/2017, under Sections 308/341/3of IPC, registered at police station Hauz Qazi, Delhi is sought on the basis of Memorandum of Understanding of 24th August, 2018. Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondents No.2 to 4 (as per amended memo of parties), present in the Court are the complainant/party of FIR in question and they have been identified to be so, by ASI Devender Gupta, on the basis of identity proof produced by them.... RESPONDENTS No.2 to 4 present in the Court, submit that the FIR in questi...

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Feb 14 2019 (HC)

Hira Lal vs.union of India & Ors

Court: Delhi

$~9 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:14. 02.2019 + W.P.(C) 3566/2017 HIRA LAL ........ Petitioner Through: Mr. Naresh Kaushik and Mr. Devik Singh, Advocates. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Ms. Monika Arora, CGSC with Mr.Kushal Kumar and Mr. Harsh Ahuja, Advocates for R-1, 2 and 4. Mr. Shadan Farasat, ASC with Ms.Rudrakshi Dev and Ms. Hafsa Khan, Advocates for R-3. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT VIPIN SANGHI, J.(ORAL) 1. The petitioner has preferred the present writ petition to assail the order dated 17.01.2012 passed by the Central Administrative Tribunal (Tribunal) in OA Nos.2207/2009 and 2631/2010. The petitioners Review W.P.(C) 3566/2017 Page 1 of 15 Petition No.64/2012 in OA No.2207/2009 was rejected by the Tribunal on 16.07.2016, which too is under challenge.2. The petitioner was the applicant in OA No.2207/2009. He joined Delhi Police as a constable in the year 1982...

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Feb 14 2019 (HC)

Central Board of Trustees vs.m/s Standing Conference of Public Enterpr ...

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:05. 02.2019 Date of decision:14. 02.2019 + W.P.(C) No.1663/2017 & CM No.7447/2017 (for stay) CENTRAL BOARD OF TRUSTEES Through Mr.Keshav Mohan, Adv. ..... PETITIONER versus M/S STANDING CONFERENCE OF PUBLIC ENTERPRISES (SCOPE) ..... RESPONDENT Through Mr.K.K. Rai, Sr.Adv. with Mr.V.P. Singh, Adv. & Mr.Tarkeshwar Nath, Adv. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J JUDGMENT1 Vide the present petition under Article 226 of the Constitution of India, the petitioner/Central Board of Trustees, Employees Provident Fund Organization, impugns the order dated 19th October, 2016 passed by the Employees Provident Fund Appellate Tribunal in ATA No.870(4) 2009 whereunder the respondent/establishments appeal has been allowed. Resultantly, the orders dated 23rd July, 2003 and 30th October, 2009 passed by the petitioner under Sections 7-A and 7-B of the Employees Provident Fund & Miscellaneous Provisions Act, 1952 (hereinafter referre...

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Feb 14 2019 (HC)

Neelam Misra vs.r.k. Sharma

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % NEELAM MISRA RFA No.277/2017 14th February, 2019 Through: Mr. Rishi ..... Appellant Manchanda, Advocate with Mr. Arun Kumar, (M. No.9911681178). Advocate R.K. SHARMA versus Through: ..... Respondent 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 19.08.2016 by which the trial court has dismissed the suit for recovery of Rs. 19,50,000/- filed by the appellant/plaintiff/buyer and this amount was claimed on account of the appellant/plaintiff/buyer having paid a sum of Rs. RFA No.277/2017 Page 1 of 3 13,0,000/- to the respondent/defendant/seller under the Agreement to Sell dated 28.08.2009.2. I may note that the respondent/defendant despite service did not appear in the trial court and was proceeded ex parte. Even...

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Feb 14 2019 (HC)

Rajesh Angira vs.govt of Nct & Anr

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. 02.2019 + W.P.(C) 7958/2012 RAJESH ANGIRA ........ Petitioner Through: Mr.Devesh Kumar Agnihotri, Adv. Versus GOVT OF NCT & ANR ........ RESPONDENTS Through: Mr.Santosh Kr. Tripathi, ASC with Mr.Rishabh, Advs. for R-1 Mr.Rama Shanker, Adv. for R-2. CORAM: HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. Vide the present petition under Articles 226 and 227 of the Constitution of India, the petitioner/workman impugns the Award dated 01.11.2012 passed by the learned Labour Court, Karkardooma Courts, Delhi in DID No.69/10, only insofar as it directs payment of compensation of Rs.2 lakhs to him in lieu of his reinstatement and backwages.2. Before dealing with the rival contentions of the parties, it may be appropriate to notice the undisputed facts which emerge from the record. The petitioner/workman having been appointed as a Salesman Clerk in the respondent no.2 w.e.f. May, 1987, continued to render satisfactory ser...

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Feb 14 2019 (HC)

Oriental Insurance Co. Ltd. Vs.amarjeet Kaur & Ors.

Court: Delhi

$~25 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order:14. 02.2019 F.A.O.No.144/2016 & C.M. No.11909/2016 ORIENTAL INSURANCE CO. LTD. Through: Mr. L.K. Tyagi, Advocates. ..... Appellant Versus AMARJEET KAUR & ORS. Through: Mr. R.K. Nain & Mr. Ashish Tilwani, Advocates for R-1 to 3. ....Respondents CORAM: HON'BLE MR. JUSTICE VINOD GOEL The 1. impugned order passed by the Commissioner for Employees Compensation (CEC) dated 17.02.2016 allowing the claim of the legal representatives of the deceased Sukhdev Singh @ Sukhbir Singh for compensation, is the subject-matter of challenge in this appeal by the insurer of the vehicle in question, that is, truck No.HR-38-N-3965.2. The brief facts of the case are that the deceased Sukhdev Singh @ Sukhbir Singh, who was employed as a driver on truck No.HR-38- N-3965 by respondent No.4, was taking the said truck on 31.03.2012 to Bhutan. Due to stress and strain of heavy and long duty, he died in the said truck in the sitting position. The said...

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Feb 14 2019 (HC)

Rajesh Gupta vs.cbi

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 14, 2019 + W.P.(CRL) 1257/2017 & CRL.M.A.6965/2017 RAJESH GUPTA .....Petitioner Through: Mr. Harsh K.Sharma, Ms. Vaibhavit Sharma, Mr. Rohit Gaur and Mr. Pulkit Jain, Advocates C B I Versus .....Respondent Through: Ms. Rajdipa Behura, Special Public Prosecutor with Ms. Kriti Handa and Mr. Philomon Kani, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Impugned order of 1st March, 2017 declines petitioners application under Section 91 of Cr. P.C. vide which petitioner had sought the details of the calls made by him from his mobile phone to various persons during the period from 24th July, 2013 to 7th August, 2013.... Petitioner had also sought copy of the letter of 6th August, 2013, vide which permission was granted for recording telephonic conversation of petitioners mobile phone for a period not exceeding 60 days from 24th July, 2013. Trial court vide impugned order of 1st March, 2017, declines petitioners a...

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Feb 14 2019 (HC)

Shri Mukul Sanwal vs.union of India

Court: Delhi

$~1 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:14.02.2019 % W.P.(C.) No.13401/2018 SHRI MUKUL SANWAL ........ Petitioner Through: In person. versus UNION OF INDIA .....Respondent Through: Mr.Dev P.Bhardwaj, CGSC with Ms.Anubha Bhardwaj, Mr.Jatin Teotia and Mr.Ram Laxman, Section Officer, Ministry of DoPT. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K.CHAWLA VIPIN SANGHI, J.(ORAL) The petitioner, who appears in person, assails the order dated 1. 09.10.2018 passed by Central Administrative Tribunal (the Tribunal for short) in OA No.1805/2017. The Tribunal has rejected the original application preferred by the petitioner wherein he had assailed the orders/communications issued by the respondent, denying his claim for the pension. He further sought direction to the respondent to pay him pension and other related entitlements along with arrears and interest thereon.2. The petitioner was appointed to the Indian Administrative Service in 1971. In 1993, the ...

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Feb 14 2019 (HC)

Dharampal Tanwar vs.state

Court: Delhi

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:14. 02.2019 BAIL APPLN. 1425/2018 DHARAMPAL TANWAR STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr.Siddhartha Nanwal and Mr.Dinesh Kumar, Adv. For the Respondent: Mr. Hirein Sharma, APP for the State. ASI Kanwar Singh, P.S.Moti Nagar. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks anticipatory bail in case FIR No.729/2015 under Section 186/353/3IPC registered at Police Station - Moti Nagar.2. Subject FIR was registered on the complaint of a doctor contending that he was on night duty when some persons came and started having a heated argument with him and also assaulted him.3. Learned counsel for the petitioner submits that petitioner has been falsely implicated. He submits that sister of the petitioner gave birth to a child in the hospital and the child died within three days of birth during tre...

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Feb 14 2019 (HC)

Jai Bhagwan vs.the State ( Nct of Delhi )

Court: Delhi

$~10 & 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:14. 02.2019 % + CRL.REV.P. 635/2014 JAI BHAGWAN versus THE STATE ( NCT OF DELHI ) ........ Petitioner ..... Respondent ........ Petitioner ..... Respondent + CRL.REV.P. 40/2015 STATE versus VINAY KUMAR Advocates who appeared in this case: For the... Petitioner : Mr. R.N. Sharma with Mr. Deepak Kumar, Advocate for the petitioner in Crl.Rev.Pet.635/2014 Mr. Hiren Sharma, APP for the State in Crl.Rev.P.40/2015 ASI Prem Ram Arya, PS Hari Nagar. For the Respondent: Mr. Hiren Sharma, APP for the State in Crl.Rev.P. 635/2014 Mr. Prem Chhetri, Advocate Crl.Rev.P.40/2015 ASI Prem Ram Arya, PS Hari Nagar. for respondent in CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.860/2015 P.40/2015 (for condonation of delay) in Crl.Rev. Page 1 of 8 CRL.REV.P. 635/2014 & CRL.REV.P. 40/2015 For the reasons stated in the application, application is allowed. The delay in filing the petition is cond...

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