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Delhi Court February 2019 Judgments

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Feb 11 2019 (HC)

Swastik Paper & Packaging vs.amit Upadhyaya

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h February, 2019 CRL.L.P. 190/2017 SWASTIK PAPER & PACKAGING ........ Petitioner Represented by: Mr. Saurabh Kansal, Versus Advocate AMIT UPADHYAYA Represented by: Mr. Ajay Gulati, Advocate ..... Respondent CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) Crl.M.A. No.5599/2017 (Delay) For the reasons stated in the application delay of 8 days in filing the leave to appeal petition is condoned. Application is disposed of. CRL.L.P. 190/2017 1. Aggrieved by the judgment dated 15th December 2016, whereby the learned Metropolitan Magistrate acquitted the respondent for the offence punishable under Section 138 Negotiable Instruments Act, 1881 in CC No.377/15, the petitioner/complainant has preferred the present leave petition.2. Facts leading to the present case as per the complaint are that the petitioner is a proprietorship concern dealing in business of papers and packaging and the respondent used to have a running ac...

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Feb 11 2019 (HC)

Anurodh vs.state

Court: Delhi

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 02.2019 BAIL APPLN. 3012/2018 ANURODH STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr. Hirein Sharma, APP for the State. SI Raghu Raj Singh, P.S.Mandawali. Mr.B.K.Gautam, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.235/2018 under Sections 3IPC, Police Station Mandawali Fazalpur. Initially the FIR was registered under Section 3IPC, on the complaint of the victim. Subsequently the victim died within three days of the incident and accordingly Section 302 IPC has been added.2. The allegations in the FIR are that the victim was called by the petitioner and co-accused to go to the house of another co-accused for a discussion with regard to refund of money, which the victim had to take.3. The allegation is that when the victim demanded his mone...

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Feb 11 2019 (HC)

Delhi Transport Corporation vs.ram Kishan Sharma

Court: Delhi

$~11 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. 02.2019 + W.P.(C) 3459/2017, CM APPL. 15139/2017 & 41642/2018 DELHI TRANSPORT CORPORATION ........ Petitioner Through: Ms. Aditi Gupta, Advocate. versus RAM KISHAN SHARMA ..... Respondent Through: Mr. Abhishek Goyal and Ms. Poonam Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K.CHAWLA JUDGMENT VIPIN SANGHI, J.(ORAL) 1. The limited issue on which notice was issued by us in this petition was with regard to the relief of costs and interests from the date of retirement of the respondent i.e. 31.01.1993, on the retiral dues, till payment is awarded to the respondent.2. In our order dated 25.04.2017, we have noticed the relevant facts and we consider it appropriate to reproduce the relevant extract from the said order, which reads as follows: W.P.(C) 3459/2017 Page 1 of 9 Administrative Tribunal (Principal Bench) Pertinently, when the petitioner sought 1. We have heard learned counsel for ...

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Feb 11 2019 (HC)

Deepak & Anr vs.state (Nct of Delhi) & Anr

Court: Delhi

$~14 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"11th February, 2019 + CRL.M.C. 2649/2018 and Crl. M.A. 9425/2018 DEEPAK & ANR ........ Petitioners Through: Ms. Sofia Bhambri, Advocate with petitioners in person versus STATE (NCT OF DELHI) & ANR ........ RESPONDENTS Through: Mr. Sanjeev Sabharwal, APP for State with SI Sanjeev Kumar Ms.Shefali Dua, Adv. for R-2 with second respondent in person CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 21.11.2011. On 30.05.2015, she lodged first information report (FIR) no.342/2015 with police station Mayur Vihar, alleging offences punishable under Section 498A, 406, 34 of Indian Penal Code, 1860 (IPC) against her husband (first petitioner) and his father (second petitioner). On conclusion of the investigation, the police filed report under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) on which cognizance was taken, the said ...

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Feb 11 2019 (HC)

Lalit Agrawal vs.the Institute of Chartered Accountants of India & Anr

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:11. 02.2019 35844/2018 + W.P.(C) 10020/2016 & CM Nos. 39730/2016, 35843- LALIT AGRAWAL ........ Petitioner versus THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ANR ........ RESPONDENTS Advocates who appeared in this case: :Mr Ashok Bhalla. :Ms Pooja M. Saigal, Advocate for R-1. For the... Petitioner For the... RESPONDENTS CORAM HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner is a practicing Chartered Accountant and a member of the Institute of Chartered Accountants of India (hereafter ICAI). The petitioner has filed the present petition impugning the decision (hereafter the impugned order) of the Board of Discipline of ICAI (hereafter the Board), taken at a meeting held on 06.11.2015. By the impugned order, the Board expressed its disagreement with the prima facie, opinion of the Director (Discipline) that the petitioner was not guilty of other misconduct falling within the meaning of Clause 2 o...

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Feb 11 2019 (HC)

M/S Iilm World School vs.s S Mann & Anr

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:11. h February, 2019 + FAO(OS) 11/2019 M/S IILM WORLD SCHOOL ..... Appellant Through: Mr. Puneet Mittal, Sr. Adv. with Mr. Sandeep Mittal, Ms. Vasudha Bajaj and Mr. Vinod Kathwalia, Advs. versus S S MANN & ANR ........ RESPONDENTS Through: Mr. Sandeep Sharma, Mr. Aman Dhyani and Ms. Kanchan Semwal, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) CM. No.3010/2019 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. CM. No.3011/2019 (for delay) This is an application filed by the applicant / appellant seeking condonation of 10 days delay in filing the appeal. For the reasons stated in the application delay of 10 days in filing the appeal is condoned. Application stands disposed of. FAO(OS) 11/2019 1. The challenge in this appeal is to the order dated 30th October, 2018 passed by the learned Single Judge in OMP No.564/2010, which wa...

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Feb 11 2019 (HC)

Sanjeev @ Sanju and Ors vs.the State and Anor.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 11, 2019 CRL.M.C. 357/2019 SANJEEV @ SANJU AND ORS .....Petitioners Through: Mr. Sunil Kr. Sharma, Advocate Versus THE STATE AND ANR .....Respondents Through: Mr. M.P. Singh, Additional Public for State with SI Prosecutor Virender Prasad Ms. Vandana Singh, Advocate with Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.45/2014, under Sections 498A/4of IPC registered at police station Swaroop Nagar, Delhi is sought on the basis of Mediated Settlement of 28th November, 2017 (Annexure-C) reached between the parties. Upon notice, 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 SI Virender Prasad on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that the dispute between the partie...

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Feb 11 2019 (HC)

Ikechukwu Chukwubuikem Stanley vs.narcotic Control Bureau

Court: Delhi

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:11. 02.2019 + BAIL APPLN. 214/2019 IKECHUKWU CHUKWUBUIKEM STANLEY........ Petitioner versus NARCOTIC CONTROL BUREAU ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr. P.C.Aggarwal, Adv. Mr. Vikas Gautam, Adv. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks interim bail for a period of four weeks in Sessions Case No.225 of 2017 on the ground of illness of his wife.2. The case of the prosecution is that an information was received that one parcel booked with DHL Express Limited from Delhi to Spain was containing drugs. Parcel was seized and examined and 575 grams of heroin was recovered. The parcel was booked by the co accused using his own identity.3. It is alleged that the co accused disclosed the identity of the petitioner as the one who had booked the parcel and petitioner is BAIL APPLN.214/2019 Page 1 of 3 all...

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Feb 11 2019 (HC)

Kholi One Housing & Development Pvt. Ltd vs.shri c.s.agarwal & Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:11. 02.2019 $~3 & 4 * % + FAO(OS) 534/2014 & CM APPLs. 20999/2014, 21002/2014, 6838/2015, 30156/2015, 27512/2017, 22990/2018, 48232/2018, 3136/2019 KOHLI ONE HOUSING & DEVELOPMENT PVT LTD ..... Appellant Through: Mr.Shailen Bhatia, Ms.Ekta Nayar and Mr.Gaurav Liberhan, Advocates. Versus C S AGARWAL & ORS ........ RESPONDENTS Through: Mr.Gaurav Mitra, Mr. Gorangg Gupta with Mr. Vineet Gupta, Advocates for respondent No.1. Mr.Ajay Bahl, Advocate along with Mr.Vikash Sharma, Advocate for respondent No.2(a)(b)(d). Mr.T.K. Ganju, Senior Advocate with Mr.Rohit Gandhi, Advocate for respondents No.4 to 13. + RFA(OS) 126/2014 & CM APPLs. 12927/2014, 13879/2014, 6961/2015, 30281/2015 KHOLI ONE HOUSING & DEVELOPMENT PVT. LTD ..... Appellant Through: Mr.A.K. Singla and Mr.Amit Jain, Advocates. Versus FAO (OS) No.534/2014 & RFA(OS) No.126/2014 Page 1 of 9 SHRI C.S.AGARWAL & ORS ........ RESPONDENTS Through: Mr.Gaurav Mitra, Mr.Gorangg Gupta w...

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Feb 11 2019 (HC)

The Oriental Insurance Co. Ltd. Vs.smt. Kahkashan Naqui & Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:11. h February,2019 + MAC.APP. 735/2018 THE ORIENTAL INSURANCE CO. LTD. ...Appellant Through: Mr. S.P. Jain, Advocate with Ms. Amandeep Kaur, Mr. Himanshu Gambhir and Mr. Abhijit Chakravarty, Advocates. versus Smt. KAHKASHAN NAQUI W/o Sh. Lakhte Hasnain Naqui Respondent no.1 Sh. LAKHTE HASNAIN NAQUI S/o G.H. Naqui Sh. DEVANAND (DRIVER CUM OWNER) S/o Late Sh. Chaman Lal ... Respondent no.3 Respondent no.2 Through: Ms. Kamna Vohra, Ms. Nandita Rao, Advocates. CORAM: HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT I. S. MEHTA, J.1. The Appellant has challenged the award in MACT Case No.754dated 06.04.2018 passed by Sh. Sameer Bajpai, Presiding Officer, MACT South District, Saket Courts, New Delhi (hereinafter called as "Tribunal") whereby compensation of Rs.96,75,300/- MAC.APP. 735/2018 Page 1 of 11 alongwith simple interest at 9% p.a. from the date of filing the petition till realization was awarded to Respondent No.1 and No.2/Clai...

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