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Delhi Court July 2019 Judgments

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Jul 19 2019

State vs.h.c. Sanjiv Malik

Court: Delhi

Decided on: Jul-19-2019

$~6 + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"19th July, 2019 Crl.M.C. 231/2016 STATE Through: Mr. Rajesh Mahajan, ASC for ........ Petitioner the State versus H.C. SANJIV MALIK ........ RESPONDENTS Through: Mr. Naresh Kaushik, Advocate with Mr. Puneet Ahluwalia, Mr. Tapasvi Raj & Mr. Vibhuti Tyagi, Advocates CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) Crl.M.A. 4788/2019 (for recalling of order dated 22.11.2018), Crl.M.A. 4789/2019 (stay) and Crl.M.A. 4790/2019 (exemption) 1. The duty of consideration of applications for licence for possession of arms and ammunition under the Arms Act, 1959, read with rules framed there under, is the domain of police department, the task having been assigned during the relevant period to Deputy Commissioner of Police (DCP/licensing), he being assisted by Assistant Commissioner of Police (ACP/licensing).2. It is stated that one Mahender Gupta (first accused) had been granted arms license, its validity, however, being restricted to ter...


Jul 19 2019

Well Protect Manpower Services Pvt. Ltd. Vs.lok Nayak Hospital and Anr ...

Court: Delhi

Decided on: Jul-19-2019

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. 7.2019 + W.P.(C) 5820/2018 M/S DATAR SECURITY SERVICES GROUP ........ Petitioner Through: Mr. T.K.Ganju, Senior Advocate with Mr. Garauv Dudeja and Mr. Farhaan S. Haque, Advocates versus GOVERNMENT OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Ramesh Singh, Standing Counsel with Mr. Chirag Jain and Ms. Ishan Agarwal, Advocates for respondent- GNCTD + W.P.(C) 6869/2018 JAIDEEP SINGH ........ Petitioner Through: Ms. Rashmi B. Singh and Mr. Mohinder Kumar Madan, Advocates versus GOVERNMENT OF NCT OF DELHI & ORS .....Respondents Through: Mr. Ramesh Singh, Standing Counsel with Mr. Chirag Jain and Ms. Ishan Agarwal, Advocates for respondent- GNCTD + W.P.(C) 1242/2019 WELL PROTECT MANPOWER SERVICES PVT. LTD. ........ Petitioner W.P.(C).5820/2018 etc. 1 of 17 Through: Mr. Raman Kapoor, Senior Advocate with Mr. Tarkeshwar Nath and Mr. Mahavir Rawat, Advocates versus GTB HOSPITAL AND ANR. .....Respondents Through: Mr. ...


Jul 19 2019

Dr. Nikhil Raheja vs.medical Council of India and Ors.

Court: Delhi

Decided on: Jul-19-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Through: Mr V. Hari Pillai, Advocate. ........ Petitioner DR. NIKHIL RAHEJA $~10 * + W.P.(C) 8131/2017 and CM APPL. 33417/2017 MEDICAL COUNCIL OF INDIA AND ORS. versus ........ RESPONDENTS Through: Mr T. Singhdev, Mr Tarun Verma and Mr Abhijit Chakravarty, Advocates for R-1. Mr Praveen Khattar, Advocate for R-2/DMC. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1907.2019 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, impugning an order dated 19.08.2017 (hereafter the impugned order) passed by the Medical Council of India (MCI) in an appeal preferred by respondent No.4 (Ms Shalini Gupta) against an order dated 30.08.2012 passed by the Delhi Medical Council (DMC). By the said order, DMC had accepted the decision of the Executive Committee of DMC not to entertain the complaint against the petitioner.2. The complainant (respondent no.4) had filed a complaint with the DMC alleging that the petitioner was involved in crimi...


Jul 19 2019

Ritika Juneja & Ors vs.anshuman Narang

Court: Delhi

Decided on: Jul-19-2019

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. h July, 2019 + CM(M) 1078/2019 RITIKA JUNEJA & ORS ........ Petitioners Through: Dr. M.K. Gahlaut, Advocate. ANSHUMAN NARANG versus ........ RESPONDENTS Through: None. CORAM: HONBLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J.(ORAL) % CM APPL. 32205-32206/2019(exemption) Exemption allowed, subject to all just exceptions. The applications are disposed of. CM(M) 1078/2019 & CM APPL. 32204/2019 1. The present petition is directed against an order dated 23.04.2019 passed by the Additional District Judge- 02 (North-West), Rohini Courts, Delhi in CS No.550/2018 by which the application of the petitioners/ defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter, the CPC) was dismissed.2. The respondent/plaintiff filed the suit against the petitioners/ defendants in May, 2018 for defamation, harassment, and other reliefs. The CM(M) 1078/2019 Page 1 of 9 petitioner No.1 [defendant No.1]. is the wife of the...


Jul 19 2019

Shri Roshan Lal Aggarwal & Ors. Vs.state (Nct of Delhi) & Anr.

Court: Delhi

Decided on: Jul-19-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: July 19, 2019 + CRL.M.C. 3446/2019 & CRL.M.A. 31388/2019 JATINDER KHURANA & ANR .....Petitioners Through: Mr. Vikram Dua & Mr. Vijay Kumar, Advocates. Versus STATE (NCT OF DELHI) & ANR .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI Gaurav Mr. Karan Jain, Advocate with... RESPONDENTS Nos. 2 to 4 in person. + CRL.M.C. 3462/2019 & CRL.M.A. 31440/2019 SHRI ROSHAN LAL AGGARWAL & ORS. Through: Mr. Karan Jain, Advocate. .....Petitioners Versus STATE (NCT OF DELHI) & ANR. .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with W/SI Pooja. Mr. Vikram Dua & Mr. Vijay Kumar, Advocates with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR CRL.M.C. 3446/2019 & 3462/2019 Page 1 of 4 ORDER (ORAL) In the above captioned two petitions, quashing of cross FIR Nos. 178/2018 under Sections 308/323/341/5of IPC and FIR No.181/2018 under Sections 323/354/354-B/5of ...


Jul 19 2019

Gyan Chand @ Sethi vs.state

Court: Delhi

Decided on: Jul-19-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI IN THE MATTER OF: CRL.A. 218/2004 Reserved on:12. 04.2019 Date of decision:19. 07.2019 SHYAM @ SHYAMU & ANR. ..... Appellants Through: Ms. Aishwarya Rao, Advocate. Versus STATE OF DELHI ..... Respondent Through: Mr. Amit Gupta, APP with SI Vikash Fageria, P.S. Raja Garden. AND CRL.A. 708/2005 GYAN CHAND @ SETHI ..... Appellant Through: Ms. Aishwarya Rao, Advocate versus ..... Respondent Through: Mr. Amit Gupta, APP with SI Vikash Fageria, P.S. Raja Garden STATE CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE MANOJ KUMAR OHRI CRL.A.218/2004 & 708/2005 Page 1 of 21 HIMA KOHLI, J.1. The present appeals are directed against the judgment dated 23.2.2004, passed by the Court of the learned Additional Sessions Judge in Sessions Case No.64/2002 arising from FIR No.1006/2000, registered at PS Rajouri Garden under Sections 3of the Indian Penal Code, 1860 (in short IPC), whereunder Shyam @ Shyamu and Ramu (both brothers), appellants in Crl.A. ...


Jul 19 2019

Shri Ram Gen. Ins Co Ltd vs.arvind Kumar & Ors

Court: Delhi

Decided on: Jul-19-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. 07.2019 MAC.APP. 681/2019 & CM Nos. 31958-60/2019 Through: Mohammed Mustafa, Advocate. ..... Appellant ........ RESPONDENTS SHRI RAM GEN INS CO LTD. $~33 * % + CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. ARVIND KUMAR & ORS. Through: Versus This appeal impugns the judgment dated 06.04.2019 passed by the learned Tribunal in MACT No.392/2018 on the ground that ITR of only one year was taken into consideration for computation of loss of income. It is not in dispute that the ITR was filed much prior to the accident. Admittedly, no questions were asked by the appellant doubting the veracity of the ITR or that it was manipulated. Logically, the ITR could not have been manipulated because it was filed much prior to the accident.2. The learned counsel for the appellant states that the injured was a businessman, therefore, he should have filed ITRs of many previous years. The said argument is untenable because even one ...


Jul 19 2019

Iffco Tokio General Insurance Co Ltd. Vs.anjali Bouter Singh & Ors.

Court: Delhi

Decided on: Jul-19-2019

$~13 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:19. 07.2019 CM(M) 1353/2018, CM APPL. 46355/2018 IFFCO TOKIO GENERAL INSURANCE CO LTD ........ Petitioner Through: Mr. A.K. Soni and Mr. Pavan Kumar Vashishth, Advs. Versus ANJALI BOUTER SINGH & ORS ........ RESPONDENTS Through: Mr. Amir Singh Pasrich, Adv. with Mr. Kalyan Arambam, Adv. and Mr. Amit Ranjan Singh, Adv. for respondent CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This petition impugns the order of the learned MACT dismissing the petitioners objections, apropos the Tribunals jurisdiction to entertain the claim petition, filed on behalf of the deceased as well as the injured persons, through their duly appointed attorney.2. Referring to the dicta of the Supreme Court in Malati Sardar vs. National Insurance Company Ltd., Civil Appeal No.10 of 2016 (arising out of SLP (Civil) No.27243 of 2015), the learned Tribunal has held that a hyper-technical approach cannot be taken to obviate jurisdiction...


Jul 19 2019

Well Protect Manpower Services Pvt. Ltd. Vs.gtb Hospital and Anr.

Court: Delhi

Decided on: Jul-19-2019

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. 7.2019 + W.P.(C) 5820/2018 M/S DATAR SECURITY SERVICES GROUP ........ Petitioner Through: Mr. T.K.Ganju, Senior Advocate with Mr. Garauv Dudeja and Mr. Farhaan S. Haque, Advocates versus GOVERNMENT OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Ramesh Singh, Standing Counsel with Mr. Chirag Jain and Ms. Ishan Agarwal, Advocates for respondent- GNCTD + W.P.(C) 6869/2018 JAIDEEP SINGH ........ Petitioner Through: Ms. Rashmi B. Singh and Mr. Mohinder Kumar Madan, Advocates versus GOVERNMENT OF NCT OF DELHI & ORS .....Respondents Through: Mr. Ramesh Singh, Standing Counsel with Mr. Chirag Jain and Ms. Ishan Agarwal, Advocates for respondent- GNCTD + W.P.(C) 1242/2019 WELL PROTECT MANPOWER SERVICES PVT. LTD. ........ Petitioner W.P.(C).5820/2018 etc. 1 of 17 Through: Mr. Raman Kapoor, Senior Advocate with Mr. Tarkeshwar Nath and Mr. Mahavir Rawat, Advocates versus GTB HOSPITAL AND ANR. .....Respondents Through: Mr. ...


Jul 19 2019

Sh. Manish Mohan & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Jul-19-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: July 19, 2019 + CRL.M.C. 3451/2019 & CRL.M.A. 31395/2019 SH. MANISH MOHAN & ORS. Through: Mr. Rohit Manan, Advocate .....Petitioners Versus STATE & ANR. Through: Mr. Izhar Ahmad, Additional .....Respondents Public Prosecutor for State with W/SI Reena. Ms. Amarjeet Sahni & Ms. Shagufta Yashin, Advocates with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.445/2014, under Sections 498-A/4of IPC, registered at Police Station Paschim Vihar, Delhi is sought on the basis of affidavit of 19th June, 2019 of respondent No.2. 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 W/SI Reena on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that the dispute between the parties has be...


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