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Delhi Court March 2019 Judgments

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Mar 12 2019

Babu Lal Jha & Anr. Vs.state of Gnct of Delhi

Court: Delhi

Decided on: Mar-12-2019

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:12. 03.2019 CRL.REV.P. 605/2017 BABU LAL JHA & ANR ........ Petitioners versus STATE OF GNCT OF DELHI ..... Respondent Advocates who appeared in this case: For the... Petitioner : Neeraj Bhardwaj, Advocate. For the Respondent : Ms. Meenakshi Dahiya, APP for the State. Insp. Prahlad Singh, PS Shahdara. Mr. Ajit Nair with Mr. Dharampal Tiwari and Mr. Avdesh Nuiwala, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJEEV SACHDEVA, J.(ORAL) JUDGMENT CRL.REV.P. Crl.M.A.31993/2018 (for early hearing) 605/2017 & Crl.M.A.13222/2017 (stay), 1.... Petitioners impugn order dated 31.05.2017, whereby, charge has been framed against the petitioners under Section 498A/34 304B/34 IPC and an alternative charge under Sections 3IPC has also been framed.... Petitioners are the parents-in-laws of the deceased.2. Subject FIR was registered on the complaint of the father of the deceased, who contended that his daughter h...


Mar 12 2019

Sukhbir Kataria vs.state Govt of Nct of Delhi

Court: Delhi

Decided on: Mar-12-2019

* + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 12, 2019 CRL.REV.P. 645/2017 & Crl.M.A. 14133/2017 SUKHBIR KATARIA CRL.REV.P. 696/2017 & Crl.M.A. 15349/2017 RENU TOKAS + CRL.REV.P. 708/2017 & Crl.M.A. 15586-87/2017 NARESH @ NISHU + CRL.REV.P. 724/2017 & Crl.M.A. 15928-29/2017 RICKY KATARIA ........ Petitioners Through: Mr. Siddharth Luthra, Senior Advocate with Mr. Sumit Chaudhary, Ms. Aakansha Bansal, Mr. Yatharth Sinha, Mr. Mohit Sharma & Mr. Mauank Kaushik, Advocates Versus STATE GOVT OF NCT OF DELHI ..... Respondent Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent- State with Inspector Paramvir Ahuja Mr. Anupam S.Sharma, Mr. Prakarsh Airan, Ms. Apporva Ahuja & Mr. Prakshit Sharma, Advocates for complainant Crl. Rev.P.645/2017 Crl. Rev.P.696/2017 Crl. Rev.P.708/2017 Crl. Rev.P.724/2017 Page 1 of 5 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) In the above captioned four petitions, the challenge is to the impugned order of 5th June, 2017...


Mar 12 2019

Monika Hurt vs.kanwal Kishore Manchanda & Ors.

Court: Delhi

Decided on: Mar-12-2019

$~7 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:12. h March, 2019 RFA(OS) 86/2018 MONIKA HURT ..... Appellant Through Mr. S. Mukerjee with Mr. Sudhankar Dwivedi, Advocates versus KANWAL KISHORE MANCHANDA & ORS. ........ RESPONDENTS Through Nemo CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) CM.APPL514592018(delay) and RFA(OS) 86/2018 & CMs.APPL514582018 & 4699/2019 1. This is an application filed under Section 5 of the Limitation Act seeking condonation of 4569 days delay in filing the present appeal. Since the application seeking grounds of delay is short, we reproduce the same as below: 1. That the Appellant is an overseas citizen of India holding an in OCI Card No.A1218555 and permanently settled Australia.2. The Appellant was a student almost till her marriage at the tender age of 21, in 1994, and that she went away to Australia, and has been settled there for almost 25 years, has visited India only by way of fleeti...


Mar 12 2019

Sandeep Mudgal & Ors. Vs.state (Nct of Delhi) & Anr.

Court: Delhi

Decided on: Mar-12-2019

$~7 + IN THE HIGH COURT OF DELHI AT NEW DELHI Crl.M.C. 4585/2016 Decided on:-"12th March, 2019 SANDEEP MUDGAL & ORS. ........ Petitioner Through: Mr. Manish Kumar Vikkey, versus Adv. STATE (NCT OF DELHI) & ANR. ........ RESPONDENTS Through: Mr. K.S. Ahuja, APP for the State. Mr. Manish Kumar Vikkey, Adv. for R-2 along with R-2 in person. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. Anjali @ Kailasho, daughter of second respondent was married to the first petitioner according to Hindu Rites and Ceremonies on 21.01.2005. A female child took birth out of the said wedlock on 27.06.2006, but she did not survive. On 11.04.2007, Anjali lodged first information report (FIR) No.178/2007 with police station Kotla Mubarakpur, alleging offences punishable under Sections 498A/4IPC against her husband (first petitioner), his father (second petitioner), his close relative (third petitioner) and his mother Geeta (since deceased). On conclusion of the investigation, police filed report (charge ...


Mar 12 2019

Sunita Aggarwal & Anr. Vs.tej Ram Aggarwal & Ors.

Court: Delhi

Decided on: Mar-12-2019

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :11. h January, 2019 Date of decision :12. h March, 2019 CS (OS) 11/2017 SUNITA AGGARWAL & ANR. ..... Plaintiffs Through: Mr. Jayant K. Mehta, Mr. Nitesh Jain, Mr. Abhinav Makhi & Mr. Pranav Gopalakrishnan, (M- 9717955168) Mr. Nand Kishore husband of P-2 is present in person. Mr. Vipul Mohan- son of P-1 Advocates TEJ RAM AGGARWAL & ORS. versus ..... Defendants Through: Mr. Anshul Mittal & Mr. Harshit (M- for D-3 Vashisht, Advs. 9899220567). Mr. Bharat Gupta, Mr. Varun Tyagi, Ms. Shreya Rao, Advocates for D-4 with D-4 in person. (M-9810444651) CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.CS (OS) 11/2017 1. The Plaintiffs Mrs. Sunita Aggarwal and Mrs. Anju Aggarwal, both daughters of Shri Tej Ram Aggarwal have filed the present suit seeking declaration/cancellation, partition and injunction against their father, Shri Tej Ram Aggarwal (Defendant No.1), mother Smt. Pushpa Devi (Defendant No.2) as also their four ...


Mar 12 2019

Suraj Bhan Bansal and Another vs.rakesh Bansal and Others

Court: Delhi

Decided on: Mar-12-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :22. d February, 2019 Date of decision :12th March, 2019 + CS (OS) 1789/2014 & I.A. 11271/2014 (stay) SURAJ BHAN BANSAL AND ANOTHER ..... Plaintiffs Through: Mr. Ashish Aggarwal and Ms. Shafali Kishore, Advocates. (M:9810077771) versus RAKESH BANSAL AND OTHERS ..... Defendants Through: Mr. S. C. Singhal, Advocate for D-1 & 2 (M:9810061558) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT I.A. 23589/2015 (u/O XII Rule 6 CPC) 1. Shri Suraj Bhan Bansal Plaintiff No.1 (hereinafter, Plaintiff No.1) and M/s. Rakesh Trading Company (HUF) Plaintiff No.2 (hereinafter, Plaintiff No.2) have filed the present suit against Mr. Rakesh Bansal Defendant No.1 (hereinafter, Defendant No.1) - who is son of Plaintiff No.1, Defendant No.2 - Mrs. Anupama Bansal (hereinafter, Defendant No.2) - wife of Shri Rakesh Bansal, and Defendant No.3 - M/s. R. G. Associates (hereinafter, Defendant No.3) - who was a tenant in the premises. It is t...


Mar 12 2019

Yogesh Gupta & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Mar-12-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 12, 2019 + CRL.M.C. 1336/2019 YOGESH GUPTA & ORS. .....Petitioners Through: Mr. S.R. Parashar and Mr. Anand Parashar, Advocates STATE & ANR. Versus Through: Mr. .....Respondents Izhar Ahmad, Additional Public Prosecutor for State with ASI Anand Kumar Mr. G.B. Sewak, Advocate with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.210/2017, under Sections 498-A/4of IPC, registered at police station Shakarpur, Delhi is sought on the basis of Mediated Settlement of 9th April, 2018 reached between the parties. 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 ASI Anand Kumar 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...


Mar 12 2019

Amrit Jal Ventures Pvt. Ltd.& Ors. Vs.ifci Venture Capital Fund Ltd.

Court: Delhi

Decided on: Mar-12-2019

$~6 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:12. h March, 2019 FAO(OS) (COMM) 32/2019 AMRIT JAL VENTURES PVT. LTD. & ORS. ..... Appellants Through Mr. Rahul Malhotra and Mr. Varun Garg, Advocates versus IFCI VENTURE CAPITAL FUND LTD. ..... Respondent Through Mr. Prashanto Chandra Sen, Senior Advocate with Mr. Nitin Dahiya and Mr. Kaustubh Singh, Advocates CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. The present appeal is directed against the order dated 11.02.2019 passed by a learned Single Judge of this Court by which an application being IA.10481/2018, seeking modification of the order dated 22.11.2017 to the extent that plaintiff no.1 would no longer remain bound by the statement undertaking given on 22.11.2017 to the extent that the outstanding amounts under the Investment Agreement dated 20.07.2011 would be repaid on or before 30.11.2018, has been rejected. The learned Single Judge while allowing the appell...


Mar 12 2019

Filex Systems Pvt. Ltd. Vs.deepika File Products

Court: Delhi

Decided on: Mar-12-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h March, 2019. CS(COMM) 696/2016 & IAs No.7189/2016 (u/O XXXIX R-1&2 CPC) & 10624/2016 (of defendant u/O XIII-A CPC) FILEX SYSTEMS PVT. LTD. .... Plaintiff Through: Mr. M.L. Mangla and Mr. Manish Singhal, Advs. Versus DEEPIKA FILE PRODUCTS ...Defendant Through: Ms. Haripriya Padmanabhan, Ms. and Ms. Bhuyan Runamoni Aishwarya Kane, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit for permanent injunction restraining passing off by defendant by violating the trade mark FILEX in respect of stationery including files, file covers, folders, diaries, note pads, office requisites of the plaintiff and for ancillary reliefs.2. The suit along with the application for interim relief came up before this Court first on 1st June, 2016, when though the suit was entertained and summons thereof ordered to be issued but ex-parte injunction sought not granted.3. Pleadings have been completed, wit...


Mar 12 2019

Ram Narain vs.union of India & Ors

Court: Delhi

Decided on: Mar-12-2019

$~ * + W.P.(C) 2408/2012 IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: Pronounced on:12. 03.2019 12.02.2019 RAM NARAIN Through: Ms. Manisha Singh, Advocate. ........ Petitioner versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Rajesh Gogna, CGSC with Ms.L. Gangmai, Advocate for R-1. Mr. Amitesh Kumar, Ms. Binisa Mohanty and Ms. Priti Kumari, Advocates for R-2 & R-3. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT1 Vide the present petition, the petitioner seeks direction thereby quashing memo dated 12.04.2005, order dated 17.05.2004 passed by the disciplinary authority and appellate order dated 09.05.2011. Consequently, directing the respondents to reinstate the petitioner with all consequential benefits.2. In the alternative, to pay the pensionary benefits to the petitioner with effect from 17.05.2004.3. The brief facts of the case are that the petitioner was initially W.P.(C) 2408/2012 Page 1 of 18 appointed as Stenographer Grade III on 25.08.1980 and was pro...


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