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Delhi Court September 2019 Judgments

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Sep 23 2019

Sh. Shubham Bhatt & Ors vs.state & Anr.

Court: Delhi

Decided on: Sep-23-2019

$~66 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d September, 2019 CRL.M.C. 4809/2019 SH. SHUBHAM BHATT & ORS .....Petitioners Through: Ms. Vaghisha Kochar, Advocate versus STATE & ANR. .....Respondents Through: Mr. Izhar Ahmad, APP for State with SI Sumit Kumar, PS Ranjit Nagar CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) 1. Vide the present petition, the petitioners seek direction thereby quashing FIR No.332 dated 26th July, 2016, registered at PS Ranjit Nagar for the offences punishable under Sections 498A/4of the IPC and consequent proceedings emanating therefrom.2. 3. Notice issued. Notice is accepted by learned APP for the State and respondent No.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal. CRL.M.C.4809/2019 Page 1 of 3 4. The petitioner and respondent No.2 got married on 20th April, 2012 as per Hindu rites and rituals.5. The petitioners and respondent no.2 have with the interventi...


Sep 23 2019

Sukruti Dugal vs.jahnavi Dugal & Ors

Court: Delhi

Decided on: Sep-23-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. h July, 2019 Pronounced on:23. d September, 2019 + CS(OS) 649/2018, I.A. 17522/2018 & I.A. 17523/2018 SUKRUTI DUGAL ..... Plaintiff Through: Mr. Akshay Makhija, Mr. Devender Verma, Ms. Kirti Awasthi, Mr. Ankit Tyagi, Advs. with Plaintiff. versus JAHNAVI DUGAL & ORS. .... Defendants Through: Mr. Sunil Chaudhary, Adv. for D-1.Mr. Amit Bansal and Mr. Aman Rewaria, Advs. for D-2. Mr. Suhil Dutta, Sr. Adv. with Mr. Mandeep Singh Vinaik, Ms. Anjali Sharma, Mr. Deepak Bashta, Mr.Shashwat Bhardwaj, Mr. Abhimanyu Gupta and Ms. Ragini Vinaik, Advs. for D- 3 to 5. CORAM: JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J I.A. 3975/2019 (under Order 6 Rule17) & I.A. 3976/2019 ( under Order 7 Rule 11 CPC ) 1. This judgment shall dispose of the two applications, one filed by the Plaintiff [IA No.3975/2019-under Order 6 Rule 17 CPC read with CS(OS) 649/2018 Page 1 of 21 Section 151 CPC for amendment of the plaint]. and another one filed by Defe...


Sep 23 2019

Digvijay Saroha vs.state

Court: Delhi

Decided on: Sep-23-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order reserved on:29. 08.2019 % Order delivered on:23. 09.2019 + BAIL APPLN. 1638/2019 DIGVIJAY SAROHA ........ Petitioner Through: Mr. Akhand Pratap Singh, STATE Advocate versus Through: Mr. G. M. Farooqui, APP for Inspector Sanjay ..... Respondent State with Gupta from PS-Spl. Cell. CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI ORDER BRIJESH SETHI, J.1. The... Petitioner herein, Digvijay Saroha has preferred the present bail application seeking regular bail under section 439 of the Code of Criminal Procedure (Cr.P.C) read with Section 12 & 21(4) of Maharashtra Control of Organised Crime Act, 1999 (MCOCA) in case FIR No.252/2018, P.S. Alipur under sections 3 & 4 of MCOCA titled State v. Digvijay Saroha & Ors. pending adjudication before Ld. ASJ-03, Patiala House Courts, New Delhi. Bail Appl. No.1638/2019 Page no.1 2. Ld. Counsel for the petitioner has prayed for bail on the ground that the petitioner who is facing trial under section 3 and 4 of MCO...


Sep 23 2019

Smt. Reena & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Sep-23-2019

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d September, 2019 + CRL.M.C. 4782/2019 SMT. REENA & ORS. .....Petitioners Through: Ms. Suman Tanwar, Advocate versus STATE & ANR. Through: Mr. Izhar Ahmed, APP for State with .....Respondents SI Manjeet, PS Kanjahwal Mr. Manish Kumar, Advocate for respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) CRL. M.A. 36489/2019 (Exemption) Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 4782/2019 1. Vide the present petition, the petitioners seek direction thereby quashing FIR No.139/2015 dated 17th February, 2015, registered at PS Kanjhawala for the offences punishable under Sections 3of the IPC and consequent proceedings arising therefrom. CRL.M.C.4782 /2019 Page 1 of 3 2.3. 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 for the parties, the present petition is taken up for f...


Sep 23 2019

Giriraj vs.vinit Kohli & Anr (United India Insurance Company Ltd)

Court: Delhi

Decided on: Sep-23-2019

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. 09.2019 % + MAC.APP. 639/2019 GIRIRAJ Through: Mr. Bhupesh Narula and Ms. ..... Appellant Rinku Narula, Advocates. versus VINIT KOHLI & ANR (UNITED INDIA INSURANCE COMPANY LTD) ........ RESPONDENTS Through: Mr. Nikhil Jain, Advocate for insurance company. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award of compensation dated 15.12.2012 passed by the learned MACT in Suit No.50/11, on the ground that the impugned order has erred in law in exonerating the insurance company from payment of the compensation while making the driver-cum-owner to pay the same.2. It is the appellants contention that even if it was a breach of policy condition, that the driver-cum-owner of the offending vehicle was not having a valid driving licence, nevertheless MAC.APP. No.639/2019 Page 1 of 6 under the principle of Pay and Recover as enunciated by the Supreme Court in Shamanna & Anr. vs. Divisional Man...


Sep 23 2019

Hcl Infotech Ltd. Vs.mahanagar Telephone Nigam Limited

Court: Delhi

Decided on: Sep-23-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. 09.2019 O.M.P.(MISC.)(COMM.) 381/2019 $~A-34 * % + HCL INFOTECH LTD. ........ Petitioner Through: Mr. Ashutosh Nagar, Advocate versus MAHANAGAR TELEPHONE NIGAM LIMITED..... Respondent Through: Mr. Saket Sikri, Mr. Vikalp Mudgal, Mr. Abhinav Garg, Advocates CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) I.A. No.13163/2019 (Exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. O.M.P.(MISC.)(COMM.) 381/2019, 1. Issue notice.2. Mr. Saket Sikri, learned counsel for the respondent, enters appearance and accepts notice. O.M.P.(MISC.)(COMM.) 381/2019 Page 1 of 2 3. This is a petition under Section 29A(4) & (5) of the Arbitration & Conciliation Act, 1996, (the Act) seeking extension of time for completion of the arbitral proceedings and passing of the award.4. The Arbitral Tribunal was constituted on 20.03.2018. Vide order dated 21.3.2018 the Tribunal passed the first procedural ord...


Sep 23 2019

United India Ins Co Ltd vs.saminuddin & Ors

Court: Delhi

Decided on: Sep-23-2019

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + MAC.APP. 777/2016, CM APPL. 35523/2016 & CM APPL. Decided on:23. 09.2019 ..... Appellant Through: Mr. Nikhil Jain, Advocate. versus ........ RESPONDENTS SAMINUDDIN & ORS339172018 UNITED INDIA INS CO LTD CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. Through: This appeal impugns the award of compensation dated 28.07.2016 passed by the learned MACT in Suit No.6on the ground that liability has been fastened upon the insurer to pay the compensation, whereas it should have been upon the owner and driver because there was a fundamental breach of policy condition.2. It is the appellants case that the driver of the vehicle did not possess a requisite valid driving licence i.e. there was no endorsement on the driving licence, of the driver to drive a hazardous-goods carrying vehicle.3. The accident happened on 07.12.2013. It was the case of the owner of the vehicle that the driver of the vehicle had been trained at a MAC.APP....


Sep 20 2019

Ashok vs.state

Court: Delhi

Decided on: Sep-20-2019

# IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 29/2017 ASHOK STATE Judgment Reserved On:25. 04.2019 Judgment Pronounced On:20.09.2019 Versus . Appellant .... Respondent Advocates who appeared in this case: For the Appellant : Mr. Sunil Dalal , Mr. Devashish Bhadauria and For the Respondent Mr. Jaskaran Singh Advs : Ms. Radhika Kolluru, APP CORAM: HONBLE MR JUSTICE SIDDHARTH MRIDUL HONBLE MS JUSTICE ANU MALHOTRA SIDDHARTH MRIDUL, J.JUDGMENT1 The present appeal instituted under the provision of section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C) assails the judgment dated 09.11.2016 and the order on sentence dated 21.11.2016, rendered by learned Additional Sessions Judge (North- East), Karkardooma Courts, Delhi, in Session Case No.44839/2015, CRL.A. 29 / 2017 Page 1 of 26 titled as State vs. Ashok & Ors., emanating from F.I.R No.257/2007 under section 302/120-B/34 of the Indian Penal Code,1860 (hereinafter referred to as IPC) registered at Police ...


Sep 20 2019

Amrit Lal & Anr vs.the State & Anr

Court: Delhi

Decided on: Sep-20-2019

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:20. 09.2019 + CRL.M.C. 2121/2019 AMRIT LAL & ANR ........ Petitioners Through Mr. R. P. Tomar, Adv. versus THE STATE & ANR ........ RESPONDENTS Through Mr. Izhar Ahmed, APP for State Ms. Rekha, respondent no.2 in person CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) 1. Vide the present petition, the petitioners seek quashing of FIR No.658/2015 dated 27.03.2015 registered at Police Station Shakarpur, Delhi instituted for the offences punishable under Sections 498A/4of the IPC and consequent proceedings arising therefrom.2. 3. Notice issued. Notice is accepted by learned APP for the State and respondent no.2 who is present in person and with the consent of the counsel for the parties, the present petition is taken up for final disposal. CRL.M.C. 2121/2019 Page 1 of 3 4. The marriage of the son (now deceased) of the petitioners and respondent no.2 was got solemnized on 22.01.2016 as per Hindu rites and rituals. ...


Sep 20 2019

Anup Kumar Sinha vs.state & Anr.

Court: Delhi

Decided on: Sep-20-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.REV.P. 364/2018 Judgment Reserved :13. 09.2019 Date of Decision :20. 09.2019 IN THE MATTER OF ANUP KUMAR SINHA STATE & ANR. ........ Petitioner Through: Mr. Vishal Sinha, Adv. versus Through: Dr. M.P. Singh, APP for State. ........ RESPONDENTS Mr. Varun Chawla and Mr. Atithya Saxena, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI By way of present revision petition, the petitioner has challenged 1. the impugned judgment dated 22.01.2018 passed by the Additional Sessions Judge-03 (South), Saket Courts, New Delhi in Criminal Appeal No.81arising out of C.C. No.931/6/2014, whereby the petitioners conviction was upheld.2. The Trial Court, vide judgment dated 27.08.2015, convicted the petitioner under Section 138 of the Negotiable Instruments Act, 1881 and vide order on sentence dated 10.09.2015 directed the petitioner to pay compensation of Rs.6 lacs to the complainant within three months and in default thereof to undergo simple impr...


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