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Delhi Court February 2019 Judgments

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Feb 05 2019

Danish vs.state (Nct of Delhi)

Court: Delhi

Decided on: Feb-05-2019

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.A. 129/2019 DANISH STATE (NCT OF DELHI) Judgment delivered on:05. 02.2019 versus ..... Appellant ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr. Hirein Sharma, APP for the State. ASI Data Ram, PS Seelampur. Mr. Ramesh Saraf, Advocate. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) CRL.A. 129/2019 & Crl.M.(Bail) 228/2019 (for suspension of sentence) 1. Appellant impugns judgment on conviction dated 01.09.2018 and orders on sentence dated 28.09.2018 and 09.01.2019, whereby, the appellant has been convicted of an offence under Sections 308 (Part II) read with Section 34 IPC and sentenced to undergo 2 years rigorous imprisonment and also convicted of the offence under Sections 3IPC and sentenced to undergo 6 months imprisonment and to pay fine of Rs.16,000/-.2. Learned counsel for the appellant submits that by order on sentence dated 28.09.2018, the a...


Feb 05 2019

M/S Rulia Mal Amar Chand vs.hindustan Petroleum Corp. Ltd.

Court: Delhi

Decided on: Feb-05-2019

$~7 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:5. h February, 2019 M/S RULIA MAL AMAR CHAND O.M.P. 505/2006 ........ Petitioner Through: Mr. A. Maitri and Ms. Radhika Advocates. Chandrashekar, (M:9810504823) versus HINDUSTAN PETROLEUM CORP. LTD. ..... Respondent Through: Mr. Naveen Kumar Raheja, Advocate. (M:9810129691) with Mr. Nilesh Srivastava, Senior Manager, Real Estate, HPCL. (M:9416207637) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. Present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the Act) has been filed challenging the award dated 17th July, 2006 passed by the Ld. Sole Arbitrator.2. Background of the dispute is that the... Petitioner - M/s Rulia Mal Amar Chand (hereinafter the Dealer) entered into a dealership agreement with the Respondent - Hindustan Petroleum Corporation Limited (hereinafter HPCL) dated 3rd June, 2002 for running a petrol pump. The petrol pump was to be run from a portion of the...


Feb 05 2019

Rajesh Sahni vs.state (Nct Delhi)

Court: Delhi

Decided on: Feb-05-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 05, 2019 CRL.A. 863/2018 and CRL.M.(BAIL) 1327/2018 RAJESH SAHNI .....Appellant Through: Mr. Raman Kumar and Mr. Birendra Kumar, Advocates Versus STATE (NCT DELHI) .....Respondent Through: Ms. Neelam Sharma, Additional Public Prosecutor for State with SI S.K. Jha CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Vide impugned judgment of 20th July, 2018, appellant has been held guilty for the offences under Sections 186/353/333 of IPC and vide impugned order of 23rd July, 2018 appellant has been sentenced to rigorous imprisonment for one month and fine of 1,000/- with default clause for offence under Section 186 of IPC and for the offence under Section 353 of IPC, appellant has been sentenced to rigorous imprisonment for one year and fine of 5,000/- with default clause. For the offence under Section 333 of IPC, appellant has been further sentenced to rigorous imprisonment for five years and fine of 20,000/- with defau...


Feb 05 2019

State vs.mohd. Shakir

Court: Delhi

Decided on: Feb-05-2019

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :05. h February, 2019 CRL. L.P. 783/2018 STATE ....Petitioner Through : Mr. Ravi Nayak,, APP for state with SI P.L. Meena. Versus Through: None. MOHD. SHAKIR CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL ....Respondent JUDGMENT: SANGITA DHINGRA SEHGAL, J.1. Present leave to appeal has been filed by the State under Section 378 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') assailing the judgment dated 05.09.2018 passed by learned Additional Sessions Judge, Rohini District Court, New Delhi in Sessions Case No.3/2016 arising out of case FIR No.1239/2015 registered at Police Station Aman Vihar whereby the accused was acquitted of the charge under Section 354 A/307 of Indian Penal Code (hereinafter referred to as IPC), Section 25 & 27 of Arms Act, 1959 and Section 12 of POCSO Act. CRL. L.P. 783/2018 Page 1 of 16 2. The brief facts of the case, as noti...


Feb 05 2019

Neeraj Kumar vs.state (Govt. Of Nct)

Court: Delhi

Decided on: Feb-05-2019

Judgment delivered on:05. 02.2019 BAIL APPLN. 233/2019 NEERAJ KUMAR $~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + STATE (GOVT OF NCT) versus ........ Petitioner ..... Respondent Mr. P.S.Rana, Adv. Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr. Hirein Sharma, APP for the State. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA SI Anu, PS Ranhola. JUDGMENT SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.2003/2019 (exemption) Exemption is allowed subject to all just exceptions. BAIL APPLN. 233/2019 1.... Petitioner seeks interim bail in FIR No.542/2016 under Sections 376/354(B)/354/323/508 IPC, Police Station Ranhola on the ground that his mother requires an urgent surgery.2. It is contended that the mother of the petitioner is suffering from Vaginal Cystocoel and requires an urgent total hysterectomy.3. Medical documents have been produced. The same have been verified. As per the medical documents produced, the mother of the BAIL APPLN.233/2019 Page 1 of 2 petition...


Feb 05 2019

Tarun Sawhney vs.uma Lal and Others

Court: Delhi

Decided on: Feb-05-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:6. h July, 2017 Decided on:5. h February, 2019 CS(OS) 2051/2010 and Crl.M.A. 12418/2013 (u/S. 340 Cr.P.C. by D-3 &5) & IA246112015 (for compensation by D-3 &5) TARUN SAWHNEY ..... Plaintiff Represented by: Mr. Saurabh Kirpal, Mr. versus Harpreet Singh and Mr. Rajesh Gupta, Advocates. UMA LAL AND OTHERS ..... Defendants Represented by: Mr. Arun Batta, Advocate for defendant Nos. 1, 2 and 4. Mr. Amiet Andlay, Advocate for defendant No.3. Defendant No.5 in person. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 Tarun Sawhney, the plaintiff has filed the present suit seeking a decree of specific performance of the two Agreements to Sell both dated 16th September, 2009, the first Agreement to Sell being executed between the plaintiff and defendant Nos. 1 to 5 in respect of undivided one half share of the property No.32, Nizamuddin East, New Delhi-110013 (in short Suit Property) and the second Agreement to Sell of the even date executed betwe...


Feb 05 2019

Honey Kharbanda vs.state

Court: Delhi

Decided on: Feb-05-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 05, 2019 BAIL APPLN. 209/2018, CRL.M.A. 1570/2018 HONEY KHARBANDA .....Petitioner STATE Through:... Petitioner in person. Versus .....Respondent Through: Ms. Neelam Sharma, Additional Public Prosecutor for State with SI Ali Akram Ms. Kanchan Kharbanda, complainant in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner seeks pre-arrest bail in FIR No.363/2016 under Sections 498A/406/377 of IPC registered at police station Rajinder Nagar, Delhi. While entertaining this bail application, interim protection was granted to petitioner vide order of 22nd February, 2018 and the matter was referred to mediation. Although, the settlement could not be arrived at between the parties in the mediation proceedings but petitioner-husband and the complainant- wife have mutually resolved their disputes and have agreed to live together. It is so stated by petitioner who appears in person and the complainant-Kanchan K...


Feb 05 2019

Rajesh Chaudhary vs.m/s Lakeshore Builders Pvt. Ltd. & Ors

Court: Delhi

Decided on: Feb-05-2019

$~4 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:5. h February, 2019 + CRL.M.C. 2382/2016 RAJESH CHAUDHARY ........ Petitioner Through: Mr. Dhan Mohan, Mrs. Tanu B. Mishra, Ms. Harkamal Jeet Kaur and Ms. Ravi Mishra, Advocates versus M/S LAKESHORE BUILDERS PVT. LTD. & ORS Through: Mr. Manish Raghav, Adv. for R-1 & 2 ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner had instituted criminal complaint case (CC081/11) in the court of the Chief Metropolitan Magistrate in February 2011 seeking criminal prosecution of the respondents on the accusations that they had committed offences punishable under Sections 341, 417, 418, 419, 420, 406, 120-B, 506, 34 of Indian Penal Code, 1860.2. The Metropolitan Magistrate held pre-summoning inquiry under Sections 200-202 of the Code of Criminal Procedure, 1973 (Cr. PC). Crl. M.C. No.2382/2016 Page 1 of 4 The petitioner (as complainant) examined himself as the solitary witness (CW-1).3. Upon consideration of t...


Feb 05 2019

Malkit Singh Bamrha vs.union of India & Ors

Court: Delhi

Decided on: Feb-05-2019

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9263/2016 MALKIT SINGH BAMRHA ........ Petitioner Through: Mr Pranav Rishi, Mr Vinod Kumar and Ms Astha Sharma, Advocates alongwith petitioner in person. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr Roshan Lal Goel and Ms for Anju Gupta, Advocates UOI. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER0502.2019 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, praying that directions be issued to the respondents to disburse a sum of `3,00,000/-, which was collected by the Protector General of Emigrants (PGE) by forfeiture of the bank guarantee submitted by M/s Overseas Travel and Placement Services, in favour of the petitioner.2. The petitioner claims that he had paid a sum of `12 lakhs to M/s Overseas Travel and Placement Services, which was a Registered Recruitment Agent (hereafter the RA), in order to send his relatives for employment overseas. He claims that the RA failed to discharge hi...


Feb 05 2019

Shri Virender Bansal vs.the State Nct of Delhi

Court: Delhi

Decided on: Feb-05-2019

* + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 05, 2019 BAIL APPLN. 1520/2017 BAIL APPLN. 1539/2017 SHRI VIRENDER BANSAL SHRI AMAN AGARWAL .....Petitioners Through: Mr. Fanish K. Jain and Mr. Deepanshu Garg, Advocates Versus THE STATE NCT OF DELHI .....Respondent Through: Ms. Neelam Sharma, Additional Public Prosecutor for State with W/SI Tulika Mr. R.S. Goswami, Mr. Sahil Munjal and Mr. Anish Sharma, Advocates for Complainant. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) In the above captioned two anticipatory bail applications, petitioners are father-in-law and husband of the complainant-Ekta Aggarwal, at whose instance FIR No.98/2017 under Sections 498A/406/354/3of IPC, was registered at police station Keshav Puram, Delhi. With the consent of learned counsel for the parties, the above captioned two bail applications have been heard together and are being disposed of by this common order. While entertaining these bail applications, interim protection was ...


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