Sri.K. Lokesh vs The Bangalore District Maintenance And ... on 20 December, 2024
(x) Sudesh Chhikara vs. State(Govt. of NCT of Delhi)
[(2018) 10 AD (Delhi) 384]
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1 - 7 of 7 (0.32 seconds)Nitesh Rastogi vs State Of U.P. Thru. Addl. Chief ... on 5 February, 2026
15. This court choose to rely on the judgment of Sudesh Chhikara v. State (NCT of Delhi), 2025 SCC OnLine Del 1641
"The Court referred to Radical Works (P) Ltd. v. Padmanabh T.G., in Crl.P. No. 1291 of 2023, decided on 18-04-2023, Special Railway Magistrate, Jabalpur v. Virendra Kumar Jain, 1999 SCC OnLine MP 357 and Chandrkantbhai Bhaichandbhai Sharma v. State of Gujarat, 2015 SCC OnLine Guj 2891 and stated that the Court was of firm view that since the legislature in its own wisdom had conferred the power of the transfer only to Supreme Court, High Courts and the Sessions Court, it could not be given by way of inference to the Court of Chief Judicial Magistrate. The law of interpretation did not provide interpretation of any provision which in any manner contravened the intention of the legislature. The legislature could have specifically given the power of transfer to the Chief Judicial Magistrate if it would have considered it proper to do so."
Rohit Gupta And Anr. vs Government Of Nct Of Delhi And Ors on 16 September, 2019
11703/2018
in the case of Sudesh Chhikara v. State(Govt. of NCT of Delhi) & Ors.
The relevant paragraphs 12 to 14 of the judgment in the case of Sudesh
Chhikara (supra), are reproduced below:
Page No.# 1/8 vs The State Of Assam And Anr on 16 October, 2025
6. Mr. S.P Choudhury, learned counsel appearing for respondent No.
2, however, submits that there is no illegality in the said order, in as
much as reasons were recorded to the effect that the informant of
the case i.e. the petitioner had engaged a private counsel to help
the prosecution and despite the same, the prosecution had
repeatedly taken adjournment in the case which had affected his
cause and as such, he had made an application before the Ld. Chief
Judicial Magistrate, Dibrugarh stating, inter alia, that the case is
pending in the Court of Ld. Judicial Magistrate First Class, Dibrugarh
for hearing. However, the prosecution had taken repeated
adjournments which had caused prejudice to the accused as his
promotion was stopped by the department for the instant case. He
had also prayed in the said application that the Ld. Chief Judicial
Magistrate, Dibrugarh may call for the record of the above case to
his Court and to transfer the said case to some other Court, as per
law.
Manish Gulati vs Union Of India And Ors on 6 April, 2022
A learned Single Judge of this Court in Sudesh Chhikara Vs. State
(Govt. Of NCT of Delhi) and Ors., WP(C) 11703/2018 has already held that
any of the affected parties can file an appeal.
Puneshwar Somaji Awale vs Smt. Sitabai Wd/O. Somaji Awale And ... on 24 March, 2026
5. The petition is squarely covered by the
decisions of the Division Bench of this Court at
Aurangabad in the case of Jagdish Pitambar Pawar Vs.
Pitamber Pundalik and others [Writ Petition No.
36/2023, order dated 29.11.2023] and the decision of
the High Court of Delhi in case of Sudesh Chhikara Vs.
State [2018 SCC Online Del 12365], wherein it has been
held that Section 16(1) of the Act of 2007 cannot be read
to limit the appeal only to one party i.e senior citizen as
the same would render the provisions invalid. To sustain
the validity of Section 16(1) of the Act of 2007, the same
must be interpreted by applying the principle of
purposive interpretation and casus omissus. Further, it
has been held that right to appeal under Section 16 of the
Act of 2007 provide right to appeal to the affected party
including son of a senior citizen.
Sh. Anmol & Anr vs Govt. Of Nct Of Delhi & Ors on 23 November, 2020
In terms of the judgment dated 13.11.2018 of this Court passed in
WP(C) 11703/2018, titled Sudesh Chhikkara vs. State (Govt. of NCT of
Delhi) and Ors, a remedy of an appeal is available to the petitioners against
the said order.
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