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Delhi Court August 2019 Judgments

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Aug 20 2019

Ram Kishan vs.state, Govt. Of Nct of Delhi

Court: Delhi

Decided on: Aug-20-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 20, 2019 CRL.A. 126/2019 RAM KISHAN Through: Ms. Saahila Lamba, Advocate .....Appellant Versus STATE, GOVT. OF NCT OF DELHI .....Respondent Through: Ms. Neelam Sharma, Additional Public Prosecutor for State CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER Crl.M.(B) 1402/2019 Vide impugned judgment of 22nd December, 2018, appellant has been held guilty for the offence under Section 120B IPC read with Section 13(1)(2) of Prevention of Corruption Act, 1988 (henceforth referred to as the PC Act) read with Sections 409/467/468/471/119 of IPC. Vide impugned order of sentence of 24th December, 2018, appellant has been sentenced to rigorous imprisonment for five years and fine of 5,00,000/- with default clause for the offence punishable under Section 120B IPC read with Section 13 (1) (c ) of PC Act read with Section 13 (1) (ii) of PC Act. For the offence under Section 409 of IPC read with Section 120B of IPC, appellant has been sente...


Aug 20 2019

Telecommunication Consultant India Ltd & Anr vs.anil Bhasin & Anr

Court: Delhi

Decided on: Aug-20-2019

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:20. h August, 2019 + CM(M) 1215/2019 TELECOMMUNICATION CONSULTANT INDIA LTD & ANR ........ Petitioners Through: Mr. Nikhilesh Krishnan, Advocate. versus ANIL BHASIN & ANR ........ RESPONDENTSs Through: Mr.Asheesh Jain & Mr.Ankur Bhasin, Advocate for the Caveator/R-1. CORAM: HONBLE MR. JUSTICE PRATEEK JALAN PRATEEK JALAN, J.(ORAL) % CAV8242019 With the appearance of the learned counsel for the caveator, the caveat stands discharged. CM APPL. 37093/2019 (exemption) Exemption allowed, subject to all just exceptions. The application is disposed of. CM(M) 1215/2019, & CM APPL. 37092/2019 1. This petition under Article 227 of the Constitution of India is directed against an order dated 04.07.2019 passed by Additional District Judge-01 (South), Saket District Courts, New Delhi in CS No.8543/2016 whereby the Trial Court dismissed the application of the petitioners [defendant Nos. 1 and 2 in the suit]. for amendment of the written statem...


Aug 20 2019

Amit Passi vs.k K Passi & Ors.

Court: Delhi

Decided on: Aug-20-2019

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h August, 2019 + CS (OS) 2740/2015 AMIT PASSI ..... Plaintiff Through: Mr. Manav Gupta, Ms. Esha Dutt and Mr. Devang Kumar, Advocates. (M:9818022022) versus K K PASSI & ORS. ..... Defendants Through: Ms. Renu Verma, Advocate for D-10. CORAM: JUSTICE PRATHIBA M. SINGH (M:9810241303) Prathiba M. Singh, J.(Oral) CS(OS) 2740 of 2015 and I.A. 6200/2019 (seeking release of money) 1. The background of the present case is that the Plaintiff and the Defendants are the family members of Late Shri K. K. Passi, who had various movable and immovable assets. The prayers sought in the suit are as under: [A]. Pass a preliminary decree in favour of the Plaintiff and against the Defendants declaring the right/share of the parties to the suit in the suit properties i.e. B-2/20 Vasant Vihar, R-2/68, Raj Nagar, Ghaziabad, Flat No.903, 27 Barakhamba Road and Flat No.1108, 26 Kasturba Gandhi Marg; [B]. Direct an enquiry to suggest the mode o...


Aug 20 2019

Triloki Nath Chaudhary vs.hari Overseas (P) Ltd

Court: Delhi

Decided on: Aug-20-2019

$~ 43 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:20. h August,2019 + LPA5282019 TRILOKI NATH CHAUDHARY ..... Appellant Through: Mr. Sarfaraz Khan, Advocate. versus HARI OVERSEAS (P) LTD ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) C.M. Appl. No.36843/2019 (for delay) 1. This is an application seeking condonation of delay of 64 days in filing the appeal.2. For the reasons stated in the application, the same is allowed and the delay is condoned. C.M. stands disposed of. LPA5282019 3. The present appeal is directed against the order dated 1.5.2019 passed by the learned Single Judge of this Court. Some facts required to be noticed for deciding this appeal are that the appellant was appointed to LPA No.528/2019 Page 1 of 6 the post of Senior Accountant with the respondent/Company on 9.6.2011. His last drawn salary was Rs.24,000/- per month. The services of the appellant were terminated by the respondent on ...


Aug 20 2019

Mohar Singh & Anr vs.the State & Ors

Court: Delhi

Decided on: Aug-20-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 20, 2019 CRL.M.C. 4043/2019 & CRL.M.A. 33646/2019 MOHAR SINGH & ANR .....Petitioners Through: Mr. Jai Subhash Thakur, Advocate. Versus THE STATE & ORS .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI Harvinder Singh. Respondent Nos. 2 to 4 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.312/2018, under Sections 323/324/5of IPC, registered at Police Station Mangol Puri, Delhi is sought on the basis of affidavits of 31st July, 2019 of respondent Nos. 2 to 4 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 to 4, who are present in Court, are the complainants of FIR in question and they have been identified to be so, by SI Harvinder Singh, on the basis of identity pro...


Aug 20 2019

Mrs Kiran Kapoor vs.the State & Ors

Court: Delhi

Decided on: Aug-20-2019

$~24 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. h August, 2019 MRS KIRAN KAPOOR ........ Petitioner TEST.CAS. 21/2015 Through: Mr. Manish Aggarwal, Advocate with petitioner in person (M:98111. 7047). versus THE STATE & ORS ........ RESPONDENTS Through: Mr. Rakesh Singh, Advocate for R-1 (M:87504. 3433). Mr. Ravi Kapoor, present in person (M:98731. 1819). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) The... Petitioner, Mrs. Kiran Kapoor has filed the present petition under 1. Section 276 of the Indian Succession Act, 1925 for grant of probate of Will dated 8th November, 1996 of the moveable and immovable assets of her late husband, Sh. Raj Kumar Kapoor, son of Late Sh. K.N. Kapoor. The deceased left behind four heirs, the petitioner who is the wife, the mother of the deceased i.e. Respondent No.2 - Mrs. Krishna Kapoor and two sons, Sh. Rajat Kapoor Respondent No.3 and Sh. Ravi Kapoor Respondent No.4.2. As per the Will dated 8th November, 1996, the ...


Aug 20 2019

Smt Pataso Devi vs.sh Satish Kumar & Ors

Court: Delhi

Decided on: Aug-20-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI $~OS-6 * % + CS(OS) 43/2017 SMT PATASO DEVI Date of decision:20. 08.2019 ..... Plaintiff Through Mr.Jaspreet Singh Rai and Mr.Rohit Nagpal, Advs. alonwith plaintiff in person versus SH SATISH KUMAR & ORS Through Mr.Abdhesh ..... Defendants Chaudhary and Ms.Sakshi Arora, Advs. for D-1 Mr.V.P.Rana, Adv. for D-2 Mr.Brijender S.Dhul, Adv. for D-3 & D-6 Mr.V.S.Panwar, Adv. for D-4 Mr.Sunil Chauhan, Adv. for D-5 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) IA No.5931/2017 & 6563/2017 1. IA No.5931/2017 is filed by defendant No.2 for rejection of the plaint. IA No.6563/2017 is filed by defendant No.1 seeking the same relief.2. The suit is filed by the plaintiff seeking a decree of partition of the stated five properties. The plaintiff is the mother of the defendants. Defendants No.1 and 2 are the sons and defendants No.4 to 6 are the daughters. The late father Shri Sahab Singh expired on 13.4.1991. The grievance of the plaintiff is that ...


Aug 19 2019

Rohit Kumar Gupta vs.principal Commissioner of Income Tax Central -Ii, ...

Court: Delhi

Decided on: Aug-19-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:24. h July, 2019 Decided on:19. h August, 2019 + W.P.(C) 6054/2017 ROHIT KUMAR GUPTA ........ Petitioner Through: Mr. C.S. Aggarwal, Senior Advocate with Mr. Gautam Jain, Mr. Madhur Aggarwal, Mr. Uma Shankar and Mr. Prakash Kumar, Advocates. versus PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL -II, NEW DELHI & ANR. + W.P.(C) 6060/2017 PRG CONSULTANTS PRIVATE LIMITED ........ RESPONDENTS Through: Mr. Zoheb Hossain, Senior Standing Counsel with Mr. Piyush Goyal, Advocate. ........ Petitioner Through: Mr. C. S. Aggarwal, Senior Advocate with Mr. Gautam Jain, Mr. Madhur Aggarwal, Mr.Uma Shankar and Mr. Prakash Kumar, Advocates. PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-II, NEW DELHI & ANR. versus ........ RESPONDENTS Through: Mr. Zoheb Hossain, Senior Standing Counsel with Mr.Piyush Goyal, Advocate. WP(C) 6054/2017 & 6060/2017 Page 1 of 40 CORAM: JUSTICE S. MURALIDHAR JUSTICE TALWANT SINGH Dr. S. Muralidhar, J.: JUDGMENT1 An inter...


Aug 19 2019

Afzal @ Ajmal vs.state (Govt of Nct of Delhi)

Court: Delhi

Decided on: Aug-19-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. h August, 2018 Decided on:19. h August, 2019 CRL.A. 47/2016 AFZAL @ AJMAL ........ Petitioner Represented by: Mr. Ankur Sood and Ms. Romila Mandal, Advocates. STATE (GOVT OF NCT OF DELHI) versus ..... Respondent Represented by: Ms. Meenakshi Chauhan, APP with SI Naveen Kuma, PS Seelampur. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 Based on the testimony of Aditya Kumar (PW-2) and subsequent identification of the appellant in the Court, Afzal @ Ajmal was convicted for the offences punishable under SectionIPC vide impugned judgment dated 29th September, 2015 and sentenced vide order on sentence dated 9th October, 2015 directing him to undergo rigorous imprisonment for a period of five years and to pay a fine of 5000/- and in default whereof to undergo simple imprisonment for a period of six months for the offence punishable under Section 392 IPC and rigorous imprisonment for a period of seven years for the offence punishable unde...


Aug 19 2019

S K Bhatia vs.central Bureau of Invesigation

Court: Delhi

Decided on: Aug-19-2019

* + + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 19, 2019 CRL. A. 1256/2014 & CRL.M.A. 13992/2014 S K BHATIA ..... Appellant Through: Mr. Maninder Singh, Mr. Sermon Rawat, Mr. Parikshit Goyal and Ms. Aastha Vishwakarma, Advocates Versus CENTRAL BUREAU OF INVESIGATION ..... Respondent Through: Mr. Rajesh Kumar, Special Public CRL. A. 1136/2014 Prosecutor with Mr. Indranil Mohan, Advocate AJAY KUMAR GOEL ..... Appellant Through: Mr. S.A. Hashmi, Mr. Zeeshan Hashmi & Mr. I.A. Alwi, Advocates Versus CENTRAL BUREAU OF INVESIGATION ..... Respondent Through: Mr. Mridul Jain, Special Public Prosecutor CRL. A. 1193/2014 S. S. SANAN Through: Mr. Gagan Manocha, ..... Appellant Crl.A.1256/2014 Crl.A.1136/2014 Crl.A.1193/2014 Page 1 of 7 Mr. Kushdeep Gaur, Mr. Nikhil Ahuja & Mr. R. Tyagi, Advocates Versus THE STATE (through C B I) ..... Respondent Through: Mr. Mridul Jain, Special Public Prosecutor CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER In the above captioned three appeals...


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