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Delhi Court July 2019 Judgments

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Jul 11 2019

Asha Mongia & Ors vs.state & Ors

Court: Delhi

Decided on: Jul-11-2019

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h July, 2019 + TEST.CAS. 106/2015 ASHA MONGIA & ORS ........ Petitioners Through: Mr. Beenashaw N. Soni, Advocate (M-9810046611) versus STATE & ORS ........ RESPONDENTS Through: Mr. Sitab Ali Chaudhary, Mr. Gufran Ali & Ms. Rubina, Advocates for the Applicant Mr. Vinod Aggarwal (M- 98101190786) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) I.A.4809/2017 1. In view of the order dated 9th July, 2018 in which Mr. Vinod Kumar Aggarwal had already withdrawn the suit for declaration and injunction, no ground is made out for impleading him in the present Test case. Order dated 9th July, 2018 only records that the counsel would be assisting the Court on the legal issue as to whether the testamentary case is barred by limitation. Accordingly, I.A. 4809/2017 is dismissed in the above terms. TEST.CAS. 106/2015 2. The objection raised, on the basis of the judgment in Kunwarjeet Singh Khandpur v. Kirandeep Kaur & Or...


Jul 11 2019

Ved Prakash Mishra vs.state Through: p.s. Igi Airport

Court: Delhi

Decided on: Jul-11-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: July 11, 2019 + CRL.M.C. 1158/2019 & CRL.M.A. 4500/2019 VED PRAKASH MISHRA ........ Petitioner Through: Mr. Manish Vashisht, Advocate. Versus STATE THROUGH: P.S. IGI AIRPORT ..... Respondent Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI Rajiv Gulati. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.211/2018, under Sections 25/of Arms Act, 1959 registered at Police Station IGI Airport, Delhi is sought in this case, while relying upon Supreme Courts decision in Anand Kumar Mohatta and Anr. Vs. State (Govt. of NCT of Delhi Department of Home and Anr 2018(14) SCALE756 Learned counsel for petitioner submits that petitioner himself was unaware of the presence of 4 live cartridges in his hand bag at the time of his travel. It is submitted on behalf of petitioner that it was an act of sheer negligence on his part and he ought to have checked the handbag before leaving for the airport. It is...


Jul 11 2019

State (Nct of Delhi) vs.gopal & Ors

Court: Delhi

Decided on: Jul-11-2019

2 $~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.L.P. 771/2018 STATE (NCT OF DELHI) ........ Petitioner Through: Ms. Aashaa Tiwari, APP for State with SI Pankaj Kumar, PS Mangolpuri. versus GOPAL & ORS Through: Mr. Vivek Gautam, Advocate. ........ RESPONDENTS Date of Decision:11. h July, 2019 CORAM: HON'BLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT MANMOHAN, J: (Oral) 1. Present criminal leave petition has been filed under Section 378(1) Cr.P.C. by the State, challenging the judgment dated 06th September, 2018 passed by Additional Sessions Judge-II, North-West Rohini Courts, acquitting the respondents under Sections 3IPC in Sessions Case No.629/2017 in FIR No.1147/2016 registered with police station Mangolpuri under Sections 307/3IPC.2. The trial Court while acquitting the accused persons has held, it is the case of the defence that the complainant sells smack in G block, Page 1 of 7 Crl.L.P.771/2018 Mangol Puri, Delhi and he uses the said park for ...


Jul 11 2019

Chander Shekhar & Ors. Vs.the State (Gnct of Delhi) & Anr.

Court: Delhi

Decided on: Jul-11-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: July 11, 2019 + CRL.M.C. 3280/2019 & Crl.M.A. 30721/2019 CHANDER SHEKHAR & ORS. Through: Mr. Manish Garg, Advocate. ........ Petitioners Versus THE STATE (GNCT OF DELHI) & ANR. ........ RESPONDENTS Through: Mr. M.S.Oberoi, Additional Public Prosecutor for respondent-State with ASI Mahender Singh Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.136/2018, under Sections 498A/4of IPC, registered at Police Station Nand Nagri, Delhi is sought on the basis of mediated settlement of 29th December, 2018 and affidavit of 28th June, 2019 of respondent No.2/complainant. Upon notice, learned Additional Public Prosecutor for respondent- 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 ASI Mahender Singh, on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that she ha...


Jul 11 2019

Mrs. Vandini Khanna vs.state & Ors

Court: Delhi

Decided on: Jul-11-2019

$~OS-17 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. 07.2019 + TEST.CAS. 66/2017 MRS. VANDINI KHANNA ........ Petitioner Through Mr.Nitin Gupta and Mr.Harsh Tayal, Advs. versus STATE & ORS Through ..... Respondent CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) The petitioner has filed this present petition under section 276 of the 1. Indian Succession Act seeking grant of probate in favour of the petitioner with respect to the will dated 23.10.2012 which was said to be executed by Late Smt. Sukrita Khanna (hereinafter referred to as the deceased) who has expired on 22.09.2017 in New Delhi.2. It has been averred in the petition that the deceased was the wife of Late Shri Kirtee Chand Khanna who pre-deceased her. She was also the mother of the petitioner and Late Rohit Khanna who is the father of respondents 2 & 3.3. The matter first came up for hearing before this court on 07.11.2017, where notice was issued to the respondents. Notice was served on TEST...


Jul 11 2019

State Gnct of Delhi vs.baljeet Singh @ Shankey

Court: Delhi

Decided on: Jul-11-2019

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 07.2019 CRL.REV.P. 666/2017 STATE GNCT OF DELHI versus BALJEET SINGH @ SHANKEY ........ Petitioner ..... Respondent : Advocates who appeared in this case: For the... Petitioner For the Respondent CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Ms. Meenakshi Dahiya, Addl. PP for the State. SI Nitu Kumar, PS Geeta Colony. Mr. Rakesh Pal Singh, Advocate. : JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1. State has filed this petition impugning order dated 25.05.2017, whereby, the Trial Court has discharged the respondent of the offence punishable under Section 12 POCSO.2. Subject FIR was registered on the complaint of the prosecutrix alleging that the respondent accused was her first cousin and they were also friends. The prosecutrix at the time of the registration of the FIR was aged 17 years and 4 months. It is alleged that they used to Crl.Rev.P.666/2017 Page 1 of 4 talk over the phone and respondent had stated that he had re...


Jul 11 2019

Sanjay Gupta vs.state

Court: Delhi

Decided on: Jul-11-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. 07.2019 IN THE MATTER OF: + BAIL APPLN. 1565/2019 and CRL.M.(BAIL) 1115/2019 DEEPIKA GUPTA ........ Petitioner STATE Through: Mr. Amit Sharma, Mr. Madhukar Pandey, Mr. Anirudh Mishra, Mr. Umesh Kumar Singh, Mr. Shubham Sharma, Mr. Pranesh Misra and Ms. Damanjit Kaur, Advocates. versus Through: Ms. Kusum Dhalla, APP for State with SI Jyoti, PS Model Town. Mr. Manish S., Mr. Akhilesh Kumar, Mr. Rahul Gupta, Advocate for complainant with complainant in person. ..... Respondent + BAIL APPLN. 1566/2019 and CRL.M.(BAIL) 1116/2019 SANJAY GUPTA ........ Petitioner STATE Through: Mr. Amit Sharma, Mr. Madhukar Pandey, Mr. Anirudh Mishra, Mr. Umesh Kumar Singh, Mr. Shubham Sharma, Mr. Pranesh Misra and Ms. Damanjit Kaur, Advocates. versus Through: Ms. Kusum Dhalla, APP for State with SI Jyoti, PS Model Town. Mr. Manish S., Mr. Akhilesh Kumar, Mr. Rahul Gupta, Advocate for complainant with complainant in person. ..... Respondent BAIL A...


Jul 11 2019

Vishnu Aggarwal vs.hindustan Petroleum Corporation Ltd

Court: Delhi

Decided on: Jul-11-2019

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:11. h July, 2019 + VISHNU AGGARWAL ........ Petitioner Through: Dr. Kedar Nath Tripathy, Advocate O.M.P. 1616/2014 (M:83682. 3016). versus HINDUSTAN PETROLEUM CORPORATION LTD ..... Respondent Through: Mr. Rikesh Singh, Advocate (M:99997. 7898). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed challenging the award dated 5th September, 2014 passed by the learned Sole Arbitrator. The Respondent, Hindustan Petroleum Corporation Limited (hereinafter, HPCL), had issued a tender on 12th August, 2009 and awarded a letter of intent on 25th September, 2009 to one M/s. Space Furniture Systems, which is a sole proprietary concern of Mr. Vishnu Aggarwal (hereinafter, Contractor). The Contractor was to execute interior works in the office of HPCL at HPCL Exploration and Production Department, third floor, UCO Bank Building,...


Jul 11 2019

Natco Pharma Limited vs.bayer Healthcare Llc

Court: Delhi

Decided on: Jul-11-2019

$~39 * + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(OS) (COMM) 158/2019 and CM APPL. 30589/2019 (Stay) NATCO PHARMA LIMITED Through: Mr.C.S. Vaidyanathan, ..... Appellant Senior with Ms.Rajeshwari, Advocate Mr.Sai Deepak, Mr.Natraj and Mr. Tahir A.J, Advocates. versus BAYER HEALTHCARE LLC .... Respondent Through: Dr.A.M.Singhvi, Senior Advocate, Mr.P.V. Kapur, Senior Advocate with Ms. Archana Shankar, Mr. Dhruv Anand, Ms.Udita Patro, Ms.Tusha Malhotra, Ms. Prachi Agrawal, Ms.Kavya Mammen, Mr.Avishkar Singhvi, Kapur, Ms.Kaveri Gupta, Advocates. Mr.Sindhant CORAM: JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH % ORDER1107.2019 Dr. S. Muralidhar, J.:1. Notice. Ms. Archana Shankar, learned counsel accepts notice on behalf the Respondent/Plaintiff. With the consent of learned counsel for the parties, the appeal has been heard finally.2. This appeal by the Defendant in C.S. (COMM) No.343/2019 is directed FAO (OS) (COMM) 158/2019 Page 1 of 18 against the order dated 5th July, 2019 passed by the ...


Jul 11 2019

Bharat Bhushan Kataria & Anr vs.anita Vashisht & Ors

Court: Delhi

Decided on: Jul-11-2019

$~31 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:11. h July, 2019 CM(M) 1249/2018 & CM APPL. Nos. 42522/2018, 42524/2018, 4572/2019 BHARAT BHUSHAN KATARIA & ANR ........ Petitioners Through:... Petitioners in person versus ANITA VASHISHT & ORS ........ RESPONDENTS Through: Mr.J.C.Mihindroo, Mr.Shubham Aggarwal & Ms.Cherry Singh, Advocates for R-1. Mr.Shailender Dahiya, Advocate for R-2. Ms.Saroj Bidawal, Std. Counsel for R-3. CORAM: HONBLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J.(ORAL) % 1. This is an unfortunate case which has travelled to this Court on the issue of an interim order in a suit regarding placement of water tanks of the occupants of the first floor and second floor of the suit property, i.e., H-160, Ashok Vihar Phase-I, New Delhi-110052.2. The suit is between neighbours. The respondents herein are the plaintiffs in the suit and the occupants of the first floor and second floor of the suit property. The petitioners are the defendants in the suit, and owners ...


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