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Delhi Court September 2019 Judgments

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Sep 24 2019

Umesh Prasad vs.the State (Govt of Nct of Delhi) & Anr.

Court: Delhi

Decided on: Sep-24-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.REV.P. 453/2016 & Crl.M.A.10169/2016 * Judgment Reserved :17. 09.2019 Date of Decision :24. 09.2019 IN THE MATTER OF UMESH PRASAD ........ Petitioner Through: Mr. Anjaneya Singh and Mr. Jitendra Kumar, Advs. Versus THE STATE (GOVT OF NCT OF DELHI) & ANR. ....Respondents Through: Dr. M.P. Singh, APP for State Mr. Sandeep Vishnu, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI By way of present revision petition, the petitioner has assailed the 1. judgment dated 29.01.2016 passed by Special Judge-07 in Crl. Appeal No.whereby petitioners conviction under Section 138 of the Negotiable Instruments Act, 1881 (for short, the Act) has been upheld.2. Vide judgment dated 20.04.2015, the petitioner was convicted by the trial court and vide order on sentence dated 23.04.2015, he was directed to pay fine of Rs.25 lacs, out of which Rs.24 lacs was to be paid to the complainant towards compensation under Section 357(1) Cr.PC and the remaining amou...


Sep 24 2019

Bimal Saxena vs.kamaljeet Singh

Court: Delhi

Decided on: Sep-24-2019

$~70 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment :24. h September, 2019 ..... Appellant Through Mr. Sibo Sankar Mishra & Mr. versus Niranjan Sahoo, Advocates. EFA(OS) 14/2019 BIMAL SAXENA + CORAM: KAMALJEET SINGH Through Nemo. ..... Respondent HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI G.S. SISTANI, J.(ORAL) CM APPL429182019 (exemption) 1. Exemption is allowed subject to just exceptions.2. Application stands disposed of. CM APPL429202019 (delay in filing) 3. This application has been filed by the applicant/appellant seeking condonation of 37 days delay in filing the present appeal.4. For the reasons stated in the application, delay of 37 days in filing the present appeal is condoned.5. The application stands disposed of. EFA(OS) 14/2019 6. Challenge in this appeal is to the order dated 08.07.2019 passed by a learned Single Judge of this Court.7. Some necessary facts required to be noticed for disposal of this appeal at the admission stage...


Sep 24 2019

Jaswant Singh & Anr vs.santosh Devi & Anr

Court: Delhi

Decided on: Sep-24-2019

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:24. h September, 2019 + LPA62720 1. JASWANT SINGH & ANR ..... Appellants Through: Mr. R.K. Sonkiya & Mr. Akash Deep, Advs. Versus SANTOSH DEVI & ANR Through: ........ RESPONDENTS CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT D.N. PATEL, Chief Justice (Oral) This Letters Patent Appeal has been preferred by the original petitioner in W.P.(C) 9875/2018, which was dismissed by the learned Single Judge vide judgment and order dated 18th July, 2019 (Annexure P-1 to the memo of this LPA). The learned Single Judge has not interfered with the order dated 8th August, 2018 passed by the District Magistrate whereby the Maintenance Tribunal for Senior Citizens had awarded 2,000/- per month maintenance for the aged parents of this appellant No.1.2. Having heard the counsel for appellants (original petitioner) and looking into the facts and circumstances of the case, we see no reason to interfere with the i...


Sep 24 2019

Dharmender Kumar Sahu vs.state of Nct of Delhi & Anr.

Court: Delhi

Decided on: Sep-24-2019

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. 09.2019 + CRL.M.C. 4827/2019 DHARMENDER KUMAR SAHU ........ Petitioner Through Mr. Abhay Kumar with Mr. Surender Kumar, Advs. versus STATE OF NCT OF DELHI & ANR. Through Mr. Izhar Ahmed, APP for State ........ RESPONDENTS Mr. Ashok Kumar Verma, Adv. for R-2 with respondent no.2 in person SI Mukesh Kumar, PS Govind puri CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL.M.A. 36702/2019(Exemption) 1.2. Allowed, subject to all just exceptions. This application is, accordingly, disposed of. CRL.M.C. 4827/201 3. Vide the present petition, the petitioner seeks quashing of FIR No.12dated 15/09/2015 registered at Police Station - Govind Puri, Distt. South East, New Delhi for the offences punishable under Sections 498A/4of the IPC and consequent proceedings arising therefrom. CRL.M.C. 4827/2019 Page 1 of 3 4.5. Notice issued. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and w...


Sep 24 2019

M/S G4s Secure Solutions (India) Pvt. Ltd vs.m/s Archana Mines Private ...

Court: Delhi

Decided on: Sep-24-2019

$~A-1 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. 09.2019 + ARB.P. 209/2019 M/S G4S SECURE SOLUTIONS (INDIA) PVT. LTD......... Petitioner Through: Mr. Vikrant Arora, Advocate versus M/S ARCHANA MINES PRIVATE LTD. ..... Respondent Through: Ms. Tatini Basu, Advocate CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) 1. This is a petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 for appointment of an Arbitrator. Ms. Tatini Basu, learned counsel appearing on behalf of the respondent submits that the respondent has no objection to the Arbitrator being appointed by this Court.2. With the consent of the parties, Mr. Padam Kant Saxena, Additional District Judge (Retd.) Delhi, (R/o Flat No.261, Royal Residency, Plot No.5, Sector- 9, Dwarka, New Delhi- 110077 Mobile:99103. 4668) is appointed as Sole Arbitrator to adjudicate the dispute between the parties.3. The Arbitrator will give a disclosure under Section 12 of the Act before enteri...


Sep 24 2019

Shree Shiv Shakti Dharmik Leela Committee vs.smt. Channo Devi & Anr.

Court: Delhi

Decided on: Sep-24-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:24. h September , 2019 CS(OS) 329/2017 SHREE SHIV SHAKTI DHARMIK LEELA COMMITTEE ..... Plaintiff Represented by: Mr.Vishwendra Verma, Adv. versus SMT. CHANNO DEVI & ANR ..... Defendants Represented by: Mr.Kotla Harshavardhan and Ms.Manshi Sood, Advocates for defendant No.2. Mr.Rajeev Verma and Mr.Dheeraj Sharma, Advs.for applicant in I.A. 13377/2017. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) I.A. No.11890/2017 (under Order VII Rule 11 CPC-by defendant No.2) 1. By this suit, plaintiff seeks a declaration in favour of the plaintiff as absolute owner of the property being plot Nos.9, 10, 11, 12, Khasra No.716/101/2/2, Raghubarpura No.1, Gandhi Nagar, Delhi-110031 (in short the suit property).2. Claim of the plaintiff in the plaint is that it is a society registered with the Office of Registrar of Societies vide registration certificate No.X/1having its registered office at X/514, Jain Gali, Raghubarpura No.1, Gand...


Sep 24 2019

Santosh Kumar Singh vs.deepak Gupta & Anr.

Court: Delhi

Decided on: Sep-24-2019

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + C.R.P. 278/2018 Judgment delivered on:24. 09.2019 SANTOSH KUMAR SINGH versus DEEPAK GUPTA & ANR ........ Petitioner ........ RESPONDENTS... Petitioner in person. Advocates who appeared in this case: For the... Petitioner: For the Respondent: CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA None. JUDGMENT SANJEEV SACHDEVA, J.(ORAL) C.R.P. 278/2018 & CM APPL.53348/2018 (stay), CM APPL. 53350/2018 (for condonation of delay) 1.... Petitioner impugns judgment dated 15.01.2018, whereby, the appeal of the petitioner, impugning judgment and decree dated 05.09.2016, was dismissed.2. A decree was passed against the petitioner in the sum of Rs.8,000/- along with interest @ 6% per annum from the date of the filing of the suit till the realization of the amount.3. On 18.12.2018, the decree was stayed subject to petitioner C.R.P. 278/2018 Page 1 of 2 depositing the entire decretal amount with the Registry of this Court. Accordingly, petitioner deposited a...


Sep 24 2019

Shubhangi Sinha vs.university of Delhi & Anr

Court: Delhi

Decided on: Sep-24-2019

$~69 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 9044/2019, CM Nos.37318/2019 & 41050/2019 Date of decision:24. September 2019 SHUBHANGI SINHA ........ Petitioner Through : Mr. Abhijat, Mr. Abhishek R. Shukla and Mr. Shashwat Jindal, Advs. versus UNIVERSITY OF DELHI & ANR ........ RESPONDENTS Through : Mr. Mohinder J.S. Rupal, Mr. Hardik Rupal, Mr. Prang Newmai, Ms. Aditi Shastri and Mr. Kaushik Ghosh, Advs. for University of Delhi. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL):1. Via this writ petition, a direction is sought against the respondents to admit the petitioner in the Post-Graduate M.A. (History) course for the academic session 2019-20.2. The facts which are required to be noticed to adjudicate upon this writ petition are briefly set forth hereafter.3. The petitioner acquired a degree in B.A. Hons. (History) from the University of Delhi in 2018. In this course, the petitioner obtained a cumulative CGPA of 6.892 which, if converted into percentag...


Sep 24 2019

Sh. Umar Farooque & Ors. Vs.union of India & Ors.

Court: Delhi

Decided on: Sep-24-2019

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. 09.2019 + W.P.(C) 10306/2019 SH. UMAR FAROOQUE & ORS. ........ Petitioners Through: Mr. Deepak Anand, Adv. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mrs. Suparna Srivastava, Advocate with Ms. Sanjana Dua, Advocate. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI JUDGMENT ANUP JAIRAM BHAMBHANI, J.(ORAL) The petitioners, who are pharmacists working in civil dispensaries in the Army Ordnance Corps (AOC), impugn order dated 07.05.2019 passed by the learned Central Administrative Tribunal Principal Bench, New Delhi in O.A. No.1135/2017 whereby their prayer for grant of Patient Care Allowance (PCA) was declined. The O.A. was filed impugning order dated 02.07.2015 made by respondent WPC103062019 Page 1 of 10 No.4, which had turned down the petitioners request for grant of PCA.2. The eligibility conditions for receiving PCA are contained principally in the policy directives is...


Sep 24 2019

Nitishwar Ayurved Medical College & Hospital & Anr vs.union of India & ...

Court: Delhi

Decided on: Sep-24-2019

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:24. h September, 2019 + LPA6292019 NITISHWAR AYURVED MEDICAL COLLEGE & HOSPITAL & ANR ..... Appellants Through: Mr. Prakash Sinha, Mr. Rakesh Mishra & Ms. Marina Wheelar, Advs. Versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Mr. Anil Soni, CGSC with Mr.Devesh Dubey, Adv. & Mr. Amit Mehta, G.P. for R-1 Ms. Archana Pathak Dave & Ms. Ankita Chaudhary, Advs. for R-2 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT : D.N. PATEL, Chief Justice (Oral) CM APPL.42820-42821/2019 (Exemption) Allowed, subject to all just exceptions. Applications stand disposed of. LPA6292019 1. This Letters Patent Appeal has been preferred by the original petitioner against the interim order dated 18th September, 2019 (Annexure A-1) passed by the learned Single Judge in W.P.(C) 9750/2019. For ready reference, the said order reads as under: LPA6292019 Page 1 of 3 Allowed, subject to just exceptions. C.M. Nos. 40308...


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