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Delhi Court September 2019 Judgments

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Sep 23 2019

Vaishali Kapur vs.santosh Nayar & Ors

Court: Delhi

Decided on: Sep-23-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d September, 2019. TEST CAS No.74/2018 SANTOSH NAYAR STATE & ORS. ........ Petitioner Through: Mr. Manoj Chauhan & Ms. Babita, Through: Mr. M.A. Khan and Mohd. Jaid, Versus ........ RESPONDENTS Advs. Advs. for R-4 with R-4 in person. AND CS(OS) 212/2019 + VAISHALI KAPUR ..... Plaintiff Through: Mr. Manoj Chauhan & Ms. Babita, Versus Advs. SANTOSH NAYAR & ORS. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 ........ RESPONDENTS Through: Mr. M.A. Khan and Mohd. Jaid, Advs. for R-4 with R-4 in person. Test.Cas. No.74/2018 has been filed by the widow of the deceased Satyapal Nayar, son of late Bishan Das, resident of property No.B-54, Sarvodaya Enclave, New Delhi-110017, seeking Letters of Administration on the basis of the document dated 7th June, 2006 stated to be the validly executed last Will of the deceased Satyapal Nayar. Test. Cas.74/2018 & CS (OS) 212/2019 Page 1 of 16 2. The petition was entertained and notice there...


Sep 23 2019

C L Gupta & Ors vs.kanwar Chand Saboo (Deceased) Thr Lrs & Ors

Court: Delhi

Decided on: Sep-23-2019

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 09.2019 C.R.P. 188/2019 C L GUPTA & ORS ........ Petitioners versus KANWAR CHAND SABOO (DECEASED) THR LRS & ORS ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner: Mr. Natwar Rai with Ms. Geetanjali Tiwari, Advocates. For the Respondent: Mr. Anil Sharma with Mr. Gurpreet Singh, Mr. Kunal Nath and Mr. Sahil Batra, Advocates. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) CM APPL.37453/2019 (exemption) Exemption is allowed subject to all just exceptions. C.R.P. 188/2019 & CM APPL.37454/2019 (for condonation of delay in re-filing) 1.... Petitioners impugn order dated 08.02.2019, whereby, application of the petitioners under Order 41 Rule 27 CPC has been dismissed with costs. C.R.P.188/2019 Page 1 of 3 2. Learned counsel for the petitioners submits that by the said application under Order 41 Rule 27 CPC petitioners wanted to produce on record the death ce...


Sep 23 2019

Ashutosh Mittal & Ors vs.the State (Govt. Of Nct of Delhi) & Anr

Court: Delhi

Decided on: Sep-23-2019

$~58 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d September, 2019 CRL.M.C. 4779/2019 ASHUTOSH MITTAL & ORS Through: Mr. V.K. Upadhyay, Advocate .....Petitioners versus THE STATE (GOVT. OF NCT OF DELHI) & ANR Through: Mr. Panna Lal Sharma, APP with ASI .....Respondents Usha Mr. Aman Bhardwaj, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL. M.A. 36486/2019 (Exemption) Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 4779/2019 1. Vide the present petition, the petitioners seek direction thereby quashing FIR No.14 dated 18th January, 2019, registered at PS Mansarovar Park, for the offences punishable under Sections 498A/4IPC and all other proceedings emanating therefrom.2. Notice issued. CRL.M.C.3972/2019 Page 1 of 3 3. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for f...


Sep 23 2019

M/S Arora Construction Co. (P) Ltd. Vs.m/s Rites Ltd.

Court: Delhi

Decided on: Sep-23-2019

$~A-16 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. 09.2019 + O.M.P. (T) (COMM.) 22/2019 M/S ARORA CONSTRUCTION CO. (P) LTD. ........ Petitioner Through: Mr. Avinash Trivedi, Ms. Ritika Trivedi, Advocate versus M/S RITES LTD. ..... Respondent Through: Ms. Aakanksha Kaul, Mr. Manek Singh, Advocates for R-2. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) 1. On the last date of hearing, this Court had directed the respondent to place the reply on record. However, despite this order, the reply is still not on record. The right of the respondent to file the reply is, thus, closed.2. Learned counsel for the petitioner has sought termination of the mandate of Shri K.B. Dubey, the sole Arbitrator, appointed on 23.06.2017 on several grounds. After the matter was heard at some length, learned counsel for the respondent submits that the respondent has no objection in appointing another Arbitrator from their panel of Arbitrators.3. The Arbitration Clause between t...


Sep 23 2019

Arvind Chopra vs.south Delhi Municipal Corporation

Court: Delhi

Decided on: Sep-23-2019

$~A-51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 10301/2019 ARVIND CHOPRA Date of decision:23. 09.2019 ........ Petitioner Through Mr.Sanjiv Sen, Senior Adv. with Mr.Naresh Gupta, Mr.Sayan Ray, Mr.Sovmo Palit, Mr.Sumit Chander, Advs. versus SOUTH DELHI MUNICIPAL CORPORATION..... Respondent Through Mr.Dhanesh Relan, Standing Counsel for SDMC with Mr.Arindam Dey, Adv. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J, (ORAL) 1. This is a writ petition filed under Article 226 of the Constitution of India seeking appropriate Writ/direction to quash the impugned notice dated 19.06.2019 and the impugned order dated 30.08.2019 passed by the respondent.2. It is the case of the petitioner that the property No.77/35-B. Punjabi Bagh West, New Delhi was purchased by Mr.Harbans Lal Sehgal in 1962. In 1973 the property in question was sold in portions to different parties. In 1974 MCD sanctioned the building plan of construction in the main house building in the portion of Dr.Rajrani...


Sep 23 2019

M/S Gautam General Merchant & Anr vs.murti Devi

Court: Delhi

Decided on: Sep-23-2019

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 09.2019 RC.REV. 302/2016 M/S GAUTAM GENERAL MERCHANT & ANR ........ Petitioners MURTI DEVI versus ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr. Vipin Kumar Sharma and Mr. N.K. Kukreja, Advocates For the Respondent: Mr. Amitabh Kr. Verma and Mr. Joytindra Kumar, Advocates CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugn order dated 15.12.2015 whereby the review application filed by the respondent seeking review/recall of order dated 03.06.2013 was allowed and the leave to defend application filed by the petitioner was held to barred by limitation.2. Respondent filed the subject eviction petition on the ground of bonafide necessity under Section 14 (1) (e) and 14D of the Delhi Rent Control Act, 1958. RC.REV. 302/2016 Page 1 of 5 3. By order dated 03.06.2013, leave to defend application of the petitioner was allowed and the p...


Sep 23 2019

Smt. Pawan & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Sep-23-2019

$~62 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 4795/2019 SMT. PAWAN & ORS. Date of decision:23. 09.2019 .....Petitioners Through: Ms. Jyoti Gupta, Advocate versus STATE & ANR. Through: Mr. M.S. Oberoi, APP with SI Neeraj .....Respondents Kumar, PS K.M. Pur Mr. Sunil Fernandes, Standing Counsel with Ms. Anju Thomas, Advocate for respondent No.2-BSES CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL.M.A. 36567/2019 1.2. Allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 4795/2019 3. Vide the present petition, the petitioners seek direction thereby for quashing of FIR No.14/2018, dated 11th January, 2018 registered at Police Station K.M. Pur, for the offence punishable under Section 135 of The Electricity Act, 2003 and consequent proceedings emanating therefrom. CRL.M.C. 4795/2019 Page 1 of 2 4.5. Notice issued. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel fo...


Sep 23 2019

Abhishek Jain vs.lt. Governor Nct of Delhi and Ors.

Court: Delhi

Decided on: Sep-23-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:23. 09.2019 + W.P.(C) 9243/2018 ABHISHEK JAIN ......... Petitioner versus LT. GOVERNOR NCT OF DELHI AND ORS. ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS : Mr Mahesh Prasad and Mr Alok K. Prasad. : Mr Anjum Javed, ASC GNCTD with Mr Devendra Kumar. CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J JUDGMENT1 The petitioner has filed the present petition, inter alia, impugning a communication dated 29.12.2017 addressed by the Sub- Registrar II (Basai Darapur) to the Collector of Stamps/SDM, Patel Nagar, Old School Building, Ram Pura, New Delhi, impounding the sale deed dated 11.12.2009, executed in favour of the petitioner and one Sh. Subodh Anand in respect of the property bearing No.WZ-15, Kailash Park, Najafgarh Road, Khasra No.2778/738, Village Basai Darapur, New Delhi. The said communication a copy of which was also forwarded to the petitioner indicates that...


Sep 23 2019

State ( Nct of Delhi) vs.deepak

Court: Delhi

Decided on: Sep-23-2019

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. 09.2019 + CRL.L.P. 527/2019 & Crl. M.A. 36512/2019 STATE ( NCT OF DELHI) ........ Petitioner Through: Mr. Rajat Katyal, APP for the State alongwith SI Sudeep, PS. Begumpur versus DEEPAK CORAM: HONBLE MR. JUSTICE MANMOHAN HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J (Oral) None Through: ..... Respondent CRL. M.A.36512/2019 (EXEMPTION) Allowed, subject to all just exceptions. Application stands disposed of. CRL. L.P.527/2019 1. By this petition under Section 378(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C), the appellant/State seeks leave to appeal against the judgment dated 22.07.2019 passed by learned Additional Sessions Judge (North West)-01, Special Court, Rohini District Courts, Delhi in Sessions Case bearing No.104/2014 whereby the accused/respondent was acquitted of the charges under Sections 363/366/376/420 of the CRL.L.P. 527/2019 Page 1 of 21 Indian Penal...


Sep 23 2019

M/S B R Sawhney & Company vs.pramod Kumar (Deceased) Thr Lrs

Court: Delhi

Decided on: Sep-23-2019

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 09.2019 RC.REV. 515/2019 M/S B R SAWHNEY & COMPANY ........ Petitioner versus PRAMOD KUMAR (DECEASED) THR LRS ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner: Mr.Sandeep Sharma and Mr.Hunny Veer Singh, Advocates. For the Respondent: Mr. Girish Aggarwal and Mr.Abhishek Aggarwal, Advocates. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) CM APPL.38956/2019 (exemption) Exemption is allowed subject to all just exceptions. RC.REV. 515/2019 & CM APPL. 38955/20019 1.... Petitioner impugns order dated 06.04.2018, whereby the Leave to defend application of the petitioner has been dismissed by the Rent Controller and an eviction order passed.2. Respondent had filed the subject eviction petition seeking RC.REV. 515/2019 Page 1 of 3 eviction of the petitioner on the ground of bonafide necessity under Section 14(1) (e) of Delhi Rent Control Act, 1958 from a sho...


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