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Delhi Court August 2019 Judgments

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Aug 01 2019

Shubhang Parashar & Ors vs.the State of Nct of Delhi & Anr

Court: Delhi

Decided on: Aug-01-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 01, 2019 CRL.M.C. 3749/2019 & CRL.M.A. 32523/2019 SHUBHANG PARASHAR & ORS .....Petitioners Through: Mr. Vivek Bhardwaj, Advocate. Versus THE STATE OF NCT OF DELHI & ANR .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI Sumit. Mr. J.L. Bahl, Advocate with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.571/2015, under Sections 498A/4of IPC, & Sections 4 & 5 of Dowry Prohibition Act, 1961 registered at police station Jyoti Nagar, Delhi is sought on the basis of Settlement of 12th November, 2018 reached between the parties and affidavit of 24th July, 2019 of respondent No.2. 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 SI Sumit on the basis of identity proof produced...


Aug 01 2019

Satwant Kaur vs.delhi Cantonment Board

Court: Delhi

Decided on: Aug-01-2019

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA4782019 & CM APPLs. 32804-805/2019 SATWANT KAUR ..... Appellant Through: Mr. Himanshu Kaushik, Adv. with Mr. Mahesh Dutt Tripathi, Adv. versus DELHI CANTONMENT BOARD ..... Respondent Through: Mr. Tarveen Singh Nanda, SC CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR % ORDER0108.2019 D.N. PATEL, CHIEF JUSTICE (ORAL) CM APPL. 32804/2019 (exemption) 1. Exemption allowed, subject to all just exceptions. The application stands disposed of.2. CM APPL. 32805/2019 (for condonation of delay) 3. This application has been preferred under Section 5 of Limitation Act for condonation of delay of 121 days in preferring the appeal.4. Having heard learned counsel for both side and looking to the reasons stated in the application, there are reasonable reasons for LPA4782019 Page 1 of 3 condonation of delay in preferring the appeal.5. We, therefore, condone the delay of 121 days in preferring the appeal.6. The application stands allo...


Aug 01 2019

Reliance Industries Limited vs.central Bureau of Investigation

Court: Delhi

Decided on: Aug-01-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: July 25, 2019 Pronounced on:01. August, 2019 + + + CRL.M.C. 2529/2017 & CRL.M.A. 10550/2017 V BALASUBRAMANIAN ........ Petitioner Through: Mr. Amit Desai, Senior Advocate with Mr. Gopal Krishna Shenoy, Mr. K.R. Saviprabhu, Mr. Vishnu, Mr. Rohit Chandra & Mr. Ved Prakash Sharma, Advocates Versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr. Prasanta Varma, Special Public Prosecutor with Ms. Prativa Varma & Ms. Chetna, Advocates CRL.M.C. 2530/2017 & CRL.M.A. 10552/2017 A. N. SETHURAMAN ........ Petitioner Through: Mr. Amit Desai, Senior Advocate with Mr. Gopal Krishna Shenoy, Mr. K.R. Saviprabhu, Mr. Vishnu, Mr. Rohit Chandra & Mr. Ved Prakash Sharma, Advocates Versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr. Prasanta Varma, Special Public Prosecutor with Ms. Prativa Varma & Ms. Chetna, Advocates CRL.M.C. 2531/2017 & CRL.M.A. 10554/2017 SHANKAR ADAWAL ........ Petitioner CRL.M.C. 2594/2012 & connec...


Aug 01 2019

Sahil Sharma & Ors vs.state & Anr

Court: Delhi

Decided on: Aug-01-2019

$~21 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"1st August, 2019 + CRL.M.C. 1776/2019 SAHIL SHARMA & ORS ........ Petitioners Through: Mr. Phillip Massey, Advocate with Mr. Dev Suman Mohanpuria, Adv. with petitioners in person. versus STATE & ANR Through: Mr. Kewal Singh Ahuja, APP ........ RESPONDENTS for the State with SI Vinod, PS Sarai Rohilla. Mr. Vikram Jit Saini, Adv. with Mr. Anuraj Sharma, Adv. for R-2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 25.07.2013. The marriage ran into rough weather, the second respondent raised allegations of she having been subjected to cruelty and deprived of her stridhan, first information report (FIR) no.1250/2014 having been registered on 28.11.2014 by Police Station Sarai Rohilla, on her complaint involving offences punishable under Sections 498-A/4of Indian Crl. M.C. No.1776/2019 Page 1 of 8 Penal Code, 1860 (I...


Aug 01 2019

Rajesh Kumar Garg vs.delhi State Co-Operative Bank Ltd. and Anr.

Court: Delhi

Decided on: Aug-01-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI $~57 * + Date of Decision:01. 08.2019 % W.P.(C.) No.8327/2019 & CM No.34481/2019 RAJESH KUMAR GARG ........ Petitioner Through: Mr. Vipin Dilawari, Advocate. versus... Petitioner in person. DELHI STATE CO-OPERATIVE BANK LTD. AND ANR. Through: ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE RAJNISH BHATNAGAR VIPIN SANGHI, J.(ORAL) 1. The petitioner assails the order dated 4.7.2019 passed by the Delhi Co-operative Tribunal in Appeal No.90/2017 arising from Arbitration Case No.1623/AR/ARB/16-17 whereby the petitioners said appeal under Section 112 of the of the Delhi-Cooperative Societies Act, 2003 against the arbitral award dated 9.5.2017 under Section 71 of the said Act passed by the learned Arbitrator has been rejected.2. The petitioner was arrayed as respondent no.2 in the said arbitration proceedings. The case of the petitioner is that he was a partner of M/s P.P.Agro Overseas in whose name the loan had been tak...


Aug 01 2019

Sh. Rajesh Kumar vs.state & Anr

Court: Delhi

Decided on: Aug-01-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: August 01, 2019 CRL.M.C. 3757/2019 SH. RAJESH KUMAR .....Petitioner Through: Mr. Pankaj Kumar, Advocate Versus STATE & ANR .....Respondents Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent- State with SI Rajiv Kumar Ms. Mamtesh Sharma, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) CRL.M.A. 32560/2019 (Exemption) Allowed subject to all just exceptions. CRL.M.C. 3757/2019 Quashing of FIR No.121/2014 under Sections 498-A/3of IPC, registered at Police Station Harsh Vihar, Delhi is sought on the basis of affidavit of 25th July, 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- CRL.M.C. 3757/2019 Page 1 of 3 State submits that respondent No.2 present in the Court, is the complainant/first informa...


Aug 01 2019

Praveen vs.state

Court: Delhi

Decided on: Aug-01-2019

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + BAIL APPLN. 2918/2018 Judgment delivered on:01. 08.2019 PRAVEEN STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. M.L.Yadav, Adv. For the Respondent : Mr. Hirein Sharma, Addl. PP for the State with SI Pooja, P.S.Mansarovar Park. Mr.Saurabh Kansal, Adv. for the complainant. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.446/2017 under Sections 376/354-D/5Indian Penal Code, 1860 registered at Police Station Mansarovar Park, New Delhi.2.... Petitioner had earlier approached this Court for grant of anticipatory bail by order dated 12.03.2018, petitioner was granted interim protection subject to jointing investigation.3. The allegations against the petitioner are that he had made physical relations with the prosecutrix on the false promise to marriage. Further, it is also contended that he had invited...


Aug 01 2019

Wholesale Trading Services P Ltd. Vs.the Institute of Chartered Accoun ...

Court: Delhi

Decided on: Aug-01-2019

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8081/2019 & CM. APPLNS. 38345-38347/2019 WHOLESALE TRADING SERVICES P LTD. ........ Petitioner Through: Mr Arnav Dash, Advocate. versus THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA AND ORS. ........ RESPONDENTS Through CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER0108.2019 VIBHU BAKHRU, J1 The petitioner has filed the present petition impugning an order dated 1st February, 2019 passed by respondent no.2 (hereafter after the Board of Discipline). By the said order, the Board of Discipline had concurred with the prima facie opinion of the Director (Discipline), recorded under Rule 9(1) of the Chartered Accountants (Procedure of Investigations of Professional and Other Misconduct and Conduct of Cases) Rules, 2007 (hereafter the Rules) and the petitioner was informed of the same. The said opinion was recorded on 24th September, 2018 and the Director (Discipline) was of the prima facie view that respondent no.3 (Jayesh M. Gandhi ...


Aug 01 2019

Bimlesh & Anr. Vs.bajaj All General Insurance Co Ltd. & Ors

Court: Delhi

Decided on: Aug-01-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:01. 08.2019 MAC.APP. 833/2017 & CM APPL. 33642/2017 BIMLESH & ANR Through: Mr. Anshuman Bal, Advocate. versus ..... Appellants $~9 * % + BAJAJ ALL GENERAL INSURANCE CO LTD & ORS ........ RESPONDENTS Through: Mr. A.K. Soni, Advocate for R-1. Ms. Usha Pandey, Advocate for R-2 & 3. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal by the claimants impugns the award inasmuch as it has not granted loss of future prospects in terms of the dicta of the Supreme Court in National Insurance Company vs Pranay Sethi (2017) 16 SCC680 In the present case, the deceased was 19 years old and was self- employed, therefore, he would be entitled to compensation at the rate of 40% towards loss of future prospects in terms of the aforesaid judgment. It is so granted.2. Additionally, the Court would note that nothing has been awarded towards loss of filial consortium. The claimants would be entitled to Rs. 50,000/- each as per the...


Aug 01 2019

Inderpal & Anr. Vs.bimlesh & Ors. (Bajaj Allianz General Insurance Com ...

Court: Delhi

Decided on: Aug-01-2019

$~8 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI MAC.APP. 811/2017 Decided on:01. 08.2019 ..... Appellants INDERPAL & ANR Through: Ms. Usha Pandey, Advocate. Versus BIMLESH & ORS (BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD) ........ RESPONDENTS Through: Mr. Anshuman Bal, Advocate for R-1 & 2. Mr. A.K. Soni, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) MAC.APP. 811/2017 & CM APPL. 32926/2017 1. This appeal impugns the award of compensation dated 23.05.2017 in which the appellants i.e. the owner and driver of the insured vehicle, have been made liable for payment of the said amount. The appellants rely upon the certificate/policy schedule of the insured vehicle i.e. a tractor bearing registration No.UP-14BH-4389. The appellants argue that it was identified as a commercial vehicle under Class D. In other words, the tractor, by itself, could be of no use unless it is attached with a trailer. Therefore, the trailer would be deemed to have been covered u...


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