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Delhi Court April 2019 Judgments

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Apr 30 2019

Mr. Daud Muneer Khan vs.state & Anr.

Court: Delhi

Decided on: Apr-30-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 30, 2019 CRL.M.C. 2320/2019 & CRL.M.A. 9209/2019 MR. DAUD MUNEER KHAN .....Petitioner Through: Mr. Atul Jain and Mr. Jatin Goel, Advocates Versus STATE & ANR. .....Respondents Through: Mr. M.S.Oberoi, Additional Public Prosecutor for respondent-State with ASI Praveen Kumar Mr. Azhar and Mr. Dishank Dhawan, Advocates with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) CRL.M.A.9210/2019 (Exemption) Allowed subject to all just exceptions. CRL.M.C. 2320/2019 & CRL.M.A. 9209/2019 Quashing of FIR No.229/2017, under Sections 354 of IPC, registered at New Friends Colony, New Delhi is sought on the basis of affidavit of 27th April, 2019 of respondent No.2 and on the ground that the misunderstanding which led to registration of the FIR in question, now stands cleared between the parties. Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondent No.2 present in the ...


Apr 30 2019

Ashwani Garg vs.government of Nct of Delhi

Court: Delhi

Decided on: Apr-30-2019

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12240/2018 & CM APPL. 47433-47434/2018 ASHWANI GARG ........ Petitioner Decided on:30. h April, 2019 Through: Mr.Sanjay Sharawat, Mr.Divyank Rana & Mr.Ashok Kumar, Advocates versus GOVERNMENT OF NCT OF DELHI ..... Respondent Through: Mr.Satyakam, Addl.Std.Cousnel with Mr.D.A.Dewan, Ex.Eng., PWD CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J.(ORAL) % 1. This petition concerns nine Notices Inviting Tender [hereinafter referred to as "NIT"]. dated 06.09.2018, issued by the respondent [Government of NCT of Delhi]. for the construction of additional classrooms in various schools.2. The petitioner submitted his bid pursuant to the NIT on 29.09.2018. The respondent rejected the technical bid of the petitioner on the ground that it had failed to score minimum marks in the Time Over Run criteria (explained in greater detail herein below). The petitioner represented to the respondents vide lett...


Apr 30 2019

Sandeep vs.state

Court: Delhi

Decided on: Apr-30-2019

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:30. 04.2019 BAIL APPLN. 757/2019 SANDEEP STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Omkar Sharma, Adv. For the Respondent : Mr. Hirein Sharma, Addl. PP for the State with ASI Samarvir Singh CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.525/2018, under Section 394/3of the IPC at Police Station Mianwali Nagar, Delhi.2. Subject FIR was registered on the complaint of the injured, who alleged that he was returning home from work when two boys accosted him at a red light and took him aside, and snatched Rs. 21,000/-, two ATM Cards and other documents from him and one of them stabbed him with a pointed object. BAIL APPLN. 757/2019 Page 1 of 3 3. As per the prosecution, the petitioner was apprehended in some other case and confessed to his involvement in the subject offence....


Apr 30 2019

Vikram Mehto vs.the State & Anr

Court: Delhi

Decided on: Apr-30-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: April 30, 2019 CRL.M.C. 2316/2019 & CRL.M.A. 9203/2019 VIKRAM MEHTO ........ Petitioner Through: Mr. H. Rehman, Advocate. Versus THE STATE & ANR .....Respondents Through: Mr. M.P. Singh, Additional Public Prosecutor for State with ASI Praveen Kumar Sharma. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.819/2014, under Sections 354/354-B of IPC, registered at Police Station Bawana, Delhi is sought on the basis of affidavit of 16th April, 2019 of respondent No.2 and on the ground that the misunderstanding which led to registration of the FIR in question, now stands cleared 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 ASI Praveen Kumar Sharma, on the basis of identity proof produced by her. ...


Apr 30 2019

Dr Niaz Ahmed vs.m/s Indcap Enterprieses ,Llp

Court: Delhi

Decided on: Apr-30-2019

$~24 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:30. h April, 2019 + RFA(OS) 82/2018 & C.M.49857/2018 DR NIAZ AHMED ..... Appellant Through: Mr.Sanjay Kr.Chhetry and Mr.Shiv B.Chhetry, Advocates versus M/S INDCAP ENTERPRIESES ,LLP ..... Respondent Through: Mr.P.S.Bindra, Mr.Vinayak Marwah, Mr.G.S.Patwalia and Mr.Bhubneshwar Tyagi, Advocates CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. This is a regular first appeal filed under Section 96 of the Code of Civil Procedure (CPC) read with Order XLI CPC read with Section 10 of the Delhi High Court Rules. The prayer made in this appeal is to set aside the judgment and decree dated 13.09.2018 and order dated 03.10.2018 passed in a suit filed by the respondent under the provisions of order XXXVII of the CPC.2. Learned counsel for the appellant submits that the parties had entered into an agreement dated 29.10.2007 where, besides the appellant, his wife, Mr. Arindom Ganguly and...


Apr 30 2019

Vardhman College vs.national Council for Teacher Education and Anr.

Court: Delhi

Decided on: Apr-30-2019

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4573/2019 & CM APPL. 20389/2019 Date of Decision:30. h April, 2019 VARDHMAN COLLEGE ........ Petitioner Through: Mr. Ravi Kant and Mr. Mayank Manish, Advs. versus NATIONAL COUNCIL FOR TEACHER EDUCATION AND ANR. ........ RESPONDENTS Through: Ms. Arunima Dwivedi, SC for NCTE with Ms. Preeti Kumra, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR % JUDGMENT (ORAL) 1. Having heard learned counsel and with consent of parties, this writ petition is being disposed of, instead of awaiting for completion of pleadings.2. The writ petition assails the decision at the meeting of the Western Regional Committee (WRC) of the National Council for Teacher Education (hereinafter referred to as the NCTE) taken between 2nd to 4th April, 2019, which is impugned in the present writ petition, in which, apropos the petitioner, the recognition granted to the petitioner, for starting the M.Ed. course, was withdrawn on the ground that, the petitioner had no...


Apr 30 2019

Sharad Tewatia & Ors vs.govt. Of Nct of Delhi & Ors

Court: Delhi

Decided on: Apr-30-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3373/2019 SHARAD TEWATIA & ORS Through Mr.M.K. Bhardwaj, Adv. Date of Decision:-"30.04.2019 ........ Petitioners versus GOVT. OF NCT OF DELHI & ORS ........ RESPONDENTS Through Ms.Vibha Mahajan Seth, Adv. Bhardwaj, with Ms.Shweta Adv. for R-1 to 3. Mr.Anurag Ahluwalia, Adv. for 4 & 5. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI 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 petitioners assail the order dated 01.02.2019 passed in Review Application No.271/2016, wherein the petitioners had sought review of the order dated 26.10.2016 passed by the Principal Bench, Central Administrative Tribunal, New Delhi in OA No.2380/2010, only to the extent that they had been granted the grade pay of Rs.2000/-, instead of the grade-pay of Rs.2400/- prayed for by them.2. The petitioners, who are firemen in the Delhi Fire Service (DFS), and some Leading Fire...


Apr 30 2019

Sanjiv Jain & Anr vs.kuantum Papers Limited & Anr

Court: Delhi

Decided on: Apr-30-2019

$~37 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order:30. h April, 2019 RFA(OS) 24/2019, CM APPLs 12295-96/2019 SANJIV JAIN & ANR ..... Appellants Through Mr. Bhuban Guglani, Mr. Partha J.versus Deha, Ms. Palak Arora, Ms. Mythili Srinivasamurthy & Mr. Aditya Shrotriya, Advocates. CORAM: KUANTUM PAPERS LIMITED & ANR ........ RESPONDENTS Through Mr. Aman Shankar, Mr. Gagandeep Singh & Ms. Anjali Sharma alongwith A.R. Mr.Sanjay Khosla,Advocate for R-1. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) CM APPL122962019 (delay in filing) 1. This is an application filed by the applicant/appellant under Section 5 of Limitation Act read with Section 151 of Code of Civil Procedure, 1908 seeking condonation of 574 days delay in filing the present appeal.2. Some necessary facts required to be noticed for disposal of this application are that respondent no.1 had filed a suit under Order XXXVII of CPC for recovery in the sum of Rs.9,25,92,523/-. The d...


Apr 30 2019

M/S Icici Bank Limited vs.afsar Ali

Court: Delhi

Decided on: Apr-30-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CM (M) 139/2019 Judgment reserved on :30. 01.2019 & 29.03.2019 Date of decision :30.04.2019 M/S ICICI BANK LIMITED ........ Petitioner AFSAR ALI Through: Mr. Punit K Bhalla, Advocate versus Through: None. ..... Respondent CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. The petitioner M/s ICICI Bank Limited vide the present petition, a CM(M) calling it an appeal seeks the setting aside of an order dated 29.09.2018 of the learned trial Court of the Civil Judge-03 (Central) in Suit No.2880/2018 vide which the prayer made by the petitioner herein as plaintiff of the said suit seeking an ex-parte appointment of the receiver under Order 40 Rule 1 of the CPC, 1908 to take over the possession of the vehicle Maruti Alto 800/VXI bearing registration No.UP14 DD-3840 was declined, observing to the effect that it would amount to injustice to the defendant i.e. the respondent herein if the application was allowed ex-parte in as much as ...


Apr 30 2019

Delhi Development Authority vs.m/s Madhu Kishan Gupta

Court: Delhi

Decided on: Apr-30-2019

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h April, 2019. + O.M.P. 376/2008, I.A. 10087/2018, 10088/2018, 10089/2018 and 1293/2019 DELHI DEVELOPMENT AUTHORITY ........ Petitioner (M: Through: Mr. Arjun Pant, Advocate 9811071260). M/S MADHU KISHAN GUPTA ..... Respondent Through: Mr. Sanjoy Bhaumik, Advocate. versus CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present petition was dismissed for non-prosecution on 25th November, 2016. The DDA has moved an application seeking restoration of the petition. The reasons given in the restoration application are that the counsel who was handling the matter on behalf of the DDA had resigned and since the matter was in the final list, it was missed out. Though no ground has been made out for such a long delay of almost 521 days, the petition is restored and heard on merits subject to payment of Rs. 10,000/- as costs.2. Both parties have addressed their submissions on the merits of the objection petit...


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