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Delhi Court May 2019 Judgments

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May 24 2019

Kishore Kumar vs.the State (Govt of Nct of Delhi)

Court: Delhi

Decided on: May-24-2019

$~ * + + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 955/2018 SEEMA alias PRABHA ..... Appellant Through: Mr. Ajay Verma, Advocate with versus Mr. Nikhil Anand, Advocate THE STATE OF NCT OF DELHI ..... Respondent Through: Mr. Rajat Katyal, APP for State with SI Raju Yadav, PS Sultanpuri, Delhi. AND CRL.A. 757/2018 KISHORE KUMAR ..... Appellant Through: Mr. Bipin Kumar Jha, Advocate with Mr. Narsingh Narain Rai and Mr. Indu Bhushan Vimal, Advocates. versus THE STATE (GOVT OF NCT OF DELHI) ..... Respondent Through: Mr. Rajat Katyal, APP for State with SI Raju Yadav, PS Sultanpuri, Delhi. Date of Decision:24. h May, 2019 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL Crl.A.No.757/2018 & 955/2018 JUDGMENT Page 1 of 47 MANMOHAN, J: (Oral) 1. While Crl.A.955/2018 has been filed by appellant-accused Seema @ Prabha, Crl.A. 757/2018 has been filed by appellant-accused Kishore Kumar challenging the judgment dated 22nd December, 2017 convicting them under Sect...


May 24 2019

Viney Mohindroo vs.senior Divisional Commercial Manager Northern Railw ...

Court: Delhi

Decided on: May-24-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:9. h May, 2019 Pronounced on:24. h May, 2019 + FAO5572018 & CM APPL. 52239/2018 VINEY MOHINDROO ..... Appellant Through: Mr. Arvind Kr. Sharma, Advocate. versus % SENIOR DIVISIONAL COMMERCIAL MANAGER NORTHERN RAILWAYS Through: Ms. Deepika, Advocate. ..... Respondent CORAM: HONBLE MR. JUSTICE PRATEEK JALAN JUDGMENT1 This appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 (the Act), is directed against a judgment dated 19.09.2018 passed by the learned Additional District Judge-07 (Central District), whereby the respondents petition under Section 34 of the Act has been allowed and the arbitral award dated 10.12.2012 in favour of the appellant has been set aside.2. Pursuant to a tender notice issued by the respondent dated 15.01.2006, the appellant bid for a license to run a car parking site for a period of three years at Hazrat Nizamuddin Railway Station, New Delhi. The appellants bid was accepted on 29.03.2...


May 24 2019

Geeta Devi vs.union of India

Court: Delhi

Decided on: May-24-2019

$~36 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO222015 & CM APPLN. 4501/2015 Date of Decision:24. h May, 2019 GEETA DEVI Through: Mr.Yogesh ..... Appellant Swaroop, Mr.Kapil Kishore Kaushik, Mr.Saurabh Pandey and Mr.Raghubir Chandra, Advocates versus UNION OF INDIA ..... Respondent Kumar Ms.Priyata Shukla, Sharma, Ms.Neelam and Ms.Sujata Dubey, Through: Mr.Brijesh Ms.Shobha Shukla Advocates for Railways and RCT Mr.Joydeep Mazumdar, Mr.Rohit Dutta, Ms.Debojyoti Bhattacharya and Chakraborty, Advocates for Northern Railways Mr.K.P. Yadav, Registrar, Principal Bench, RCT ACP Mahender Kr., HQ Railway, Insp. Naresh Kr. SHO/D. Cantt Railway and SI Yashpal Singh I/C Dar, Railway G.R.P. Mr.Jamal Akhtar, Standing counsel for GNCTD CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. This order is the culmination of reports and responses secured from all the stake holders containing suggestions for amendment of the principal FAO222015 Page 1 of 9 enactment, viz., the Railways Act, 1989 ...


May 24 2019

Tej Kumar @ Tinku vs.state

Court: Delhi

Decided on: May-24-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:26. h September, 2018 Delivered on:24th May, 2019 CRL.A. 860/2016 TEJ KUMAR @ TINKU ..... Appellant Represented by: Mr. Sumer Kumar Sethi, STATE Advocate versus Represented by: Mr. Ashok K. Garg, APP for State with SI Sohan Lal, PS Prasad Nagar. ..... Respondent CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 By the present appeal Tej Kumar @ Tinku challenges the impugned judgment dated 28th February 2014, whereby he was convicted for the offences punishable under SectionsIPC read with Section 6 of Protection of Children from Sexual Offences Act (in short POCSO Act) and the order on sentence dated 4th March 2014 directing him to undergo rigorous imprisonment for the period of ten years and to pay a fine of Rs.10,000/-, in default whereof to undergo simple imprisonment for a period of six months for the offence punishable under Section 6 POCSO and rigorous imprisonment for a period of six months for the offence punishable under Section 3...


May 24 2019

ms.pushp Lata Sharma vs.the Govt. Of Nct of Delhi & Anr.

Court: Delhi

Decided on: May-24-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:-"24.05.2019 + W.P.(C) No.5746/2019 MS.PUSHP LATA SHARMA Through Mr.T.D. Yadav, Adv. ........ Petitioner Versus THE GOVT. OF NCT OF DELHI & ANR. ....... RESPONDENTS Through Ms.Avnish Ahlawat, Adv. with Mr.Nitesh Kumar Singh, Adv. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The present writ petition has been preferred by the petitioner to assail the order dated 19.03.2019 in O.A. No.1817/2014, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the Tribunal), whereby the petitioners Original Application (OA) had been dismissed.2. The petitioner had preferred the OA claiming upgradation of her pay at par with her erstwhile junior Shri S.R.S. Lingwal. The petitioner was appointed to the post of Lower Division Clerk (LDC)/Grade-IV (DASS) on 19.11.1979 and was promoted as Upper Division Clerk (UDC) on 30.04.1990 in the pay scale...


May 24 2019

Ravi & Ors vs.state & Ors.

Court: Delhi

Decided on: May-24-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: May 24, 2019 CRL.M.C. 2816/2019 & CRL.M.A. 11349/2019 RAVI & ORS Through: Mr. Suahila Lamba, Advocate. .....Petitioners Versus STATE & ORS. .....Respondents Through: Mr. M.P. Singh, Additional Public Prosecutor for State with ASI Rajbir Singh Respondent Nos. 2 & 3 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.373/2014 under Sections 323/308/3of IPC, registered at Police Station Punjabi Bagh, Delhi is sought on the basis of affidavits of 23rd May, 2019 of respondent Nos. 2 & 3 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 Nos. 2 & 3 present in the Court, are the complainants/first-informants of FIR in question and they have been identified to be so, by ASI Rajbir Singh, on the basis of identity proof produced by t...


May 24 2019

Ans Constructions Pvt Ltd vs.ramagundma Fertilizer & Chemicals Ltd & O ...

Court: Delhi

Decided on: May-24-2019

$~15 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P.(I) (COMM.) 156/2019 ANS CONSTRUCTIONS PVT LTD ........ Petitioner Through: Mr. Sandeep Aggarwal, Senior Advocate with Mr. Sushil Aggarwal and Ms. Vasundhra Nayyar, Advocates. versus RAMAGUNDMA FERTILIZER & CHEMICALS LTD & ORS. ........ RESPONDENTS Through: None. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA % ORDER2405.2019 SANJEEV NARULA, J I.A. 7774/2019 (Exemption) 1. Exemption allowed, subject to all just exceptions. O.M.P.(I) (COMM.) 156/2019 2. The present petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), seeks restraining order against Respondent Nos. 1 and 2 from invoking the Bank Guarantee No.50/2016 for an amount of Rs. 1,73,25,810/- issued by Respondent No.3 (Canara Bank) in favour of Respondent No.1. O.M.P.(I) (COMM.) 156/2019 Page 1 of 19 Brief Facts 3. Shorn of unnecessary details, the facts of the case are that the... Petitioner is a company engaged in the busin...


May 24 2019

Reliance General Insurance Company Ltd vs.naresh Mandav & Ors

Court: Delhi

Decided on: May-24-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:24. h May, 2019 $~38, 39, 40 * % + MAC.APP. 698/2017 RELIANCE GENERAL INSURANCE COMPANY LTD Through: Ms.Prerna Mehta, Advocate ..... Appellant versus NARESH MANDAV & ORS ........ RESPONDENTS Through: Mr.Palvinder Singh, Mr.D.K. Sharma, Advocates for respondents No.1 and 2 + MAC.APP. 729/2017 & CM. APP. 29408/2017 M/S MAHARAJA AUTOMOBILES (INDIA) PVT LTD & ANR ..... Appellants Through: Mr.Pramod K. Sharma, Mr.Prashant Bajaj, Advocates versus RELIANCE GENERAL INSURANCE COMPANY LIMITED & ORS ........ RESPONDENTS Through: Ms.Prerna Mehta, Advocate Mr.Palvinder Singh, Mr.D.K. Sharma, Advocates for respondents No.2 and 3 + MAC.APP. 334/2018 NARESH MANDAV & ANR MAC APP.698/2017,729/2017and 334/2018 ..... Appellants Page 1 of 6 Through: Mr.Palvinder Singh, Mr.D.K. Sharma, Advocates versus NAEEM AHMED & ORS (RELIANCE GENERAL INSURANCE CO LTD) ........ RESPONDENTS Through: Ms.Prerna Mehta, Advocate CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUD...


May 24 2019

Ved Prakash vs.delhi Development Authority

Court: Delhi

Decided on: May-24-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:24. 05.2019 Through: Mr. Malaya Kumar Chand, Advocate. versus ........ Petitioner ..... Respondent Through: Mr. Arun Birbal and Mr. Ajay Birbal, $~33. * + % W.P.(C) 5787/2019 VED PRAKASH DELHI DEVELOPMENT AUTHORITY CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI Advocates. VIPIN SANGHI, J.(ORAL) C.M. No.25233/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 5787/2019 1. The petitioner has assailed the order dated 30.11.2017 passed by Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A. No.307/2016, whereby his said Original Application has been rejected. He also assails the order dated 19.11.2015 passed by the respondent, whereby the punishment imposed upon him of compulsory retirement was enhanced, after grant of opportunity to him, to that of removal from service.2. The petitioner was criminally charged in Criminal Case No.1...


May 24 2019

Sarabjeet Salarya & Ors vs.state & Anr

Court: Delhi

Decided on: May-24-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: May 24, 2019 + CRL.M.C. 2795/2019 SARABJEET SALARYA & ORS .....Petitioners Through: Mr. Rajesh Jain & Ms. Sakshi Arora, Advocates Versus STATE & ANR Through: Mr. Izhar Ahmad, Additional .....Respondents Public Prosecutor for State with SI Rahul Kumar Mr. R.K. Seewal, Advocate with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.2618/2014, under Sections 498-A/4of IPC, registered at Police Station Shakarpur, Delhi is sought on the basis of Memorandum of Understanding of 22nd September, 2018 and affidavit of 18th April, 2019 of second respondent. Upon notice, learned Additional Public Prosecutor for respondent No.1-State submits that respondent No.2, present in the Court, is the complainant of FIR in question and she has been identified to be so, by SI Rahul Kumar on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that the dispute CRL.M.C. ...


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