Delhi Court March 2019 Judgments
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Akhand Pratap Singh vs.cbi
Court: Delhi
Decided on: Mar-15-2019
* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 15, 2019 CRL.M.C. 5264/2017 & CRL.M.A. 20677-20678/2017 AKHAND PRATAP SINGH .....Petitioner Through: Mr. V.Madhukar and Mr. Pramod Kumar Singh, Advocates CBI versus Through: Mr. Narender Mann, Special .....Respondent CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Public Prosecutor ORDER (ORAL) Trial court vide impugned order of 24th October, 2017 rejects petitioners application raising issue of maintainability and continuance of trial, by relying upon Section 6 of the Delhi Special Police Establishment Act, 1946 (hereinafter referred to as DSPE Act).2. Learned counsel for petitioner draws the attention of this Court to Supreme Courts order of 1st July, 2016 (Annexure P-19) to point out that Supreme Court had given liberty to petitioner to take all defences, as may be available to him in law, in the course of trial. It is submitted that rejection of petitioners application by trial court being not maintainable, runs counter to S...
National Highways Authority of India vs.uem-essar
Court: Delhi
Decided on: Mar-15-2019
$~11 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 148/2017 Date of Decision :15. h March, 2019 NATIONAL HIGHWAYS AUTHORITY OF INDIA ........ Petitioner Through: Ms.Padma Priya and versus Mr.Mukesh Kumar, Advs. UEM-ESSAR ..... Respondent Through: Mr.Vivek Chib, Mr.Kushal Gupta and Mr.Asif Ahmed, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the Award dated 10.10.2014 passed by the Arbitral Tribunal adjudicating the disputes that have arisen between the parties in relation to the work of Western Transport Corridor, Tumkur-Haveri NH-4 Project-Package-2, Rehabilitation and Upgrading of Sira Chitradurga Section (Km. 122.3 to Km189) in the State of Karnataka under Contract Agreement No.WTC/TUM- HAVERI/NH-4/CIVIL CONTRACT-PACKAGE-2.2. The petitioner challenges the Award on claim nos. 1, 2, 4 and ...
Usha Goyal & Ors. Vs.devi Dayal Garg & Anr.
Court: Delhi
Decided on: Mar-14-2019
$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:14. 03.2019 FAO(OS) No.114/2018 USHA GOYAL & ORS. ........ Petitioners Through Mr.Pulkit Aggarwal, Adv. Versus ........ RESPONDENTS Mr.Sindhu Suta, Advs. Through Mr.Shakeet, Mr.Sarwar Wari & DEVI DAYAL GARG & ANR. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI VIPIN SANGHI, J (ORAL) 1. We have heard learned counsel for the parties. We proceed to dispose of the present appeal.2. The appellants are the wife, son and daughter of Late Shri Manoj Goyal. Respondent No.2 is the mother-in-law of Late Shri Manoj Goyal. Shri Manoj Goyal, according to the respondent no.1/plaintiff, entered into an Agreement to Sell with the plaintiff in respect of the property bearing No.2, Road 20 situated in Punjabi Bagh East, New Delhi admeasuring 352.01 square yards. The plaintiff claims that under the Agreement to Sell and Purchase dated 06.11.2013, he paid to Late Shri Manoj Goyal, an amount of Rs.51 lakhs by cheque, an...
Amit Pandey vs.nct of Delhi & Anr
Court: Delhi
Decided on: Mar-14-2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Order: March 14, 2019 CRL.M.C. 1393/2019 & CRL.M.A. 5550/2019 AMIT PANDEY Through: Mr. Shakeel Sarwar Wani, Advocate. .....Petitioner Versus NCT OF DELHI & ANR .....Respondents Through: Ms. Neelam Sharma, Additional Public Prosecutor with SI Vishal. Mr.Tripurari Tiwari and Ms. Smriti Tiwari, Advocates with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.254/2012, under Sections 498-A/4of IPC, registered at police station Vikas Puri, Delhi is sought on the basis of Settlement of 13th April, 2018 (Annexure-C) reached between the parties and affidavit of 5th March, 2019 of respondent No.2 filed in support of this petition. Upon notice, learned Additional Public Prosecutor for respondent No.1-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 Vishal on the basis of identity proof produc...
Mahanagar Telephone Nigam Ltd vs.m/s Haryana Telecom Ltd
Court: Delhi
Decided on: Mar-14-2019
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :11. h February, 2019 Date of decision :14. h March, 2019 + O.M.P. 1113/2012 MAHANAGAR TELEPHONE NIGAM LTD ........ Petitioner Through: Mr. Ravi Sikri, Sr. Advocate with Mr. Deepak Yadav and Mr. Arun Sanwal, Advocates for MTNL. versus M/S HARYANA TELECOM LTD ..... Respondent Through: Mr. Abhishek Sharma, Advocate. CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter, the Act) has been filed challenging the impugned award dated 28th July, 2012. The dispute arises on the short question as to whether M/s Haryana Telecom Ltd.- the supplier (`HTL) is entitled to `C forms or reimbursement of 6% of sales tax amount deposited in respect of supplies made to the purchaser- Mahanagar Telephone Nigam Limited (hereinafter MTNL).2. OMP11132012 has been filed by MTNL challenging the award on the ground that the purchase order clearly cont...
Rail Land Development Authority vs.parsvnath Developers Limited and An ...
Court: Delhi
Decided on: Mar-14-2019
$~1 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on 14th September, 2018 Judgment pronounced on 14th March, 2019 FAO(OS) (COMM) 136/2018 RAIL LAND DEVELOPMENT AUTHORITY ..... Appellant Through: Ms. Maninder Acharya, ASG with Mr.Shaurya Sahay, Mr.Harshul Choudhary, Mr.Sahil Sood and Mr.Viplav Acharya, Advocates. versus PARSVNATH DEVELOPERS LIMITED AND ANR........ RESPONDENTS Through: Mr.Rajiv Nayyar, Sr. Advocate with Mr.Ciccu Mukhopadhyay, Sr. Advocate, Mr.Vijay Nair, Mr.Saurav Agarwal, Mr.Kapil Rastogi, Mr.Shubham Paliwal, Mr.hitabhilash Mohanty, Mr.Prashant Jain, Mr.Satyajit Mohanty and Mr.Tajali Andrabi, Advocates for respondents. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.1. This is an appeal filed by the appellant under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 (hereafter the Act) read with Section 13(1) of the Commercial Courts/Commercial Division and Commercial Appellate Division of Hig...
Cmi Limited vs.mahanagar Telephone Nigam Ltd & Anr
Court: Delhi
Decided on: Mar-14-2019
$~ * + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :11. h February, 2019 Date of decision :14. h March, 2019 O.M.P. (COMM) 134/2016 CMI LIMITED ........ Petitioner Through: Mr. S.K. Gupta, Mr. K.R. Gupta and Mr. Harsh Tayal, Advocates for C.M.I. (M:98100. 5583). versus MAHANAGAR TELEPHONE NIGAM LTD & ANR....... RESPONDENTS Through: Mr. Ravi Sikri, Sr. Advocate with Mr. Deepak Yadav and Mr. Arun Sanwal, Advocates for MTNL. MAHANAGAR TELEPHONE NIGAM LTD. ........ Petitioner O.M.P. (COMM) 198/2016 AND Through: Mr. Ravi Sikri, Sr. Advocate with Mr. Deepak Yadav and Mr. Arun, Advocates. versus C.M.I & ANR. ........ RESPONDENTS Through: Mr. S. K. Gupta, Mr. K.R. Gupta and Mr. Harsh Tayal, Advocates for C.M.I. (M:98100. 5583). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 The present petitions under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter, the Act) have been filed challenging the impugned award dated 2nd December, 2010. The dispute ari...
National Highways Authority of India vs.m/s Dic Ncc (Jv)
Court: Delhi
Decided on: Mar-14-2019
$~2 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:14. h March, 2019 FAO(OS) (COMM) 20/2019 NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Appellant Through Mr. Narinder Hooda, Senior Advocate with Ms. Padma Priya, Advocate. versus M/S DIC NCC (JV) ..... Respondent Through Dr. Amit George, Mr. Rishabh Dheer and Mr. Amol Acharya, Advocates. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. This is an appeal under Section 37 (1) (b) of the Arbitration and Conciliation Act, 1996 read with Section 13 of the Commercial Courts Act, 2015 for setting aside order dated 12.10.2018 passed by a learned Single Judge of this Court, by which the objections to the award dated 18.07.2017 stand dismissed.2. Some necessary facts required to be noticed for disposal of this appeal are:3. The appellant is a statutory body designed to maintain and manage the national highways or stretch vested with the Central Govt. The appellant has entered into co...
Nitin Chawla vs.state (Nct of Delhi)
Court: Delhi
Decided on: Mar-14-2019
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:14. 03.2019 BAIL APPLN. 68/2019 & Crl.M.B432019 & Crl.M.A. 877/2019 NITIN CHAWLA ........ Petitioner STATE (NCT OF DELHI ) ..... Respondent versus Advocates who appeared in this case: For the... Petitioner : For the Respondent: Ms.Kusum Dhalla, APP with SI Dushyant Panwar, Ms.Nandita Abrol and Ms.Usha Pandey, Advocates. P.S.Defence Colony. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR NO:115. 16, under Sections 498A/304B/34 IPC, P.S. Defence Colony. Subsequently Section 306 has been added. Charge sheet has already been filed.2.... Petitioner is the husband of the deceased and they were married on 06.01.2016 and the deceased is alleged to have committed suicide on 25.03.2016.3. The allegation is that the petitioner within one month of marriage had physically assaulted the deceased on account of which she sustained severe injuries on her face...
Devender Kumar Goel vs.the State (Govt of Nct of Delhi) & Ors.
Court: Delhi
Decided on: Mar-14-2019
* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 14, 2019 CRL.M.C. 1390/2019 & Crl.M.A. 5544-45/2019 DEVENDER KUMAR GOEL ........ Petitioner Through: Mt. Mukesh Kalia & Ms. Sukhi Gupta, Advocates. Versus THE STATE (GOVT OF NCT OF DELHI) & ORS. .... RESPONDENTS Through: Mr. Izhar Ahmed, Additional Public Prosecutor for respondent No.1-State with ASI Praveen Kumar.... RESPONDENTS No.2 to 4 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.459/2015, under Sections 287/304A/506 IPC, registered at police station Paharganj, Delhi is sought by petitioner on the basis of affidavits of respondents, i.e. the complainant party. Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondent No.2 is the complainant of FIR in question and respondent No.3 is the wife of deceased- Ramaswami and respondent No.4 is the son deceased and they have been identified to be so, by ASI Praveen Kumar on the basis of identity proof pr...
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