Delhi Court October 2009 Judgments
Home Cases Delhi 2009 Page 3 of about 89 results (0.029 seconds)Dr. V.P. Sharma Vs. the State (N.C.T. of Delhi) and ors.
Court: Delhi
Reported in: 164(2009)DLT500
Mool Chand Garg, J.1. This Criminal Revision Petition has been filed by the petitioner against the order dated 12.08.2009 passed by Learned Metropolitan Magistrate, New Delhi in C.C. No. 97/2009 whereby an application filed by the petitioner under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) has been dismissed vide order dated 12.08.2009.2. Briefly stating the facts of this case are that the petitioner came to know that respondent No. 3, who is a builder had been constructing an Apartment block namely Gaffar Apartments block in Village Satbari, Mehrauli, New Delhi and that those flats were nearing completion and were available for sale. In these circumstances, the petitioner entered into an agreement to purchase a flat from respondent No. 3 through respondent No. 4 for a total consideration of Rs. 16,00,000/-. An amount of Rs. 1,50,000/- was paid by the petitioner in advance. He also paid some more money to respondent No. 3 towards commission etc. It is his case that late...
Tag this Judgment!State Vs. Sanjay Dass (Convict)
Court: Delhi
Reported in: 164(2009)DLT596
Pradeep Nandrajog, J.1. The above captioned appeal and the death sentence reference arise out of the judgment and order dated 04.10.2008 and the order on sentence dated 21.10.2008 passed by the learned Additional Sessions Judge in Sessions Case No. 09/2007 arising out of FIR No. 295/2006 registered at PS Roop Nagar. By virtue of the judgment and order dated 4.10.2008, Sanjay Dass has been convicted for offences under Sections 302/307/376/379 IPC. It may be noted that Sanjay Dass was charged for an offence punishable under Section 392 IPC but has been convicted for a lesser offence i.e. the offence punishable under Section 379 IPC. Vide order on sentence, the learned Additional Sessions Judge has imposed the extreme penalty of death sentence on Sanjay Dass in respect of the offence of murder punishable under Section 302 IPC. With regard to the offence(two) punishable under Section 307 IPC, he has been sentenced to undergo rigorous imprisonment for 10 years and pay fine in sum of Rs. 1,0...
Tag this Judgment!Mohd. Amran @ Naveed Vs. State
Court: Delhi
Reported in: 164(2009)DLT262
Pradeep Nandrajog, J.1. We have gone through the record of the learned Trial Judge.2. From the record, it is apparent that the appellant moved an application pleading guilty to the charges framed against him. The said application was adjourned to enable the appellant to re-consider his decision to plead guilty. The matter was adjourned to 18.9.2003.3. On 18.9.2003, the appellant was present along with his counsel. In the presence of his counsel, the appellant re- affirmed his decision to plead guilty.4. The appellant informed the court, as recorded in the order dated 18.9.2003, that he was a Pakistani national and was misled into doing what he did and that he felt sorry for his deeds.5. Vide order dated 18.9.2003, the appellant was accordingly convicted for the following offences:(a) Offence punishable under Section 3(3) and 3(5) POTA(b) Offence punishable under Section 25 of the Arms Act read with Section 5 POTA.(c) Offence punishable under Section 20 POTA.(d) Offence punishable under...
Tag this Judgment!Fazal Haq Vs. State
Court: Delhi
Reported in: 166(2010)DLT57
Indermeet Kaur, J.1. On 2.6.2007 at about 2.20 PM a secret information was received by Inspector Joginder Singh PW-4 of Police Station Nabi Karim that two Afghan nationals namely Mohd. Nasir and Fazal Haq through another Afghan national Mohd. Rahim, would be supplying heroin near the Airlines Hotel. This information was reduced into writing vide DD No. 23-A Ex.PW-4/A. Ex.PW-4/A was forwarded to the senior officer Inspector Randhir Singh PW-6 who in turn apprised the ACP B.L. Meena PW-11. 2. Thereafter on the same day at 5 PM a raiding party was constituted headed by PW-4 comprising of PW-6, ASI Ashwani Kumar, Const. Pradeep, Const. Karam Singh, Const. Jahari and Const. Homender Singh. At the spot i.e. near the corner of Qutub Road/Arakansa Road near the Airline Hotel two persons whose names later on were revealed as Fazal Haq and Mohd. Nasir were seen coming towards the Airline Hotel. They started talking to a third person whose identity was revealed as Mohd. Rahim. At the pointing out...
Tag this Judgment!Orissa Oil Industries Ltd. Vs. Tribal Co-operative Marketing Developme ...
Court: Delhi
Reported in: 164(2009)DLT330
Manmohan, J.1. With consent of the parties, matter is taken up for final disposal.2. In fact, the present objection petition has been filed under Section 34 of Arbitration and Conciliation Act, 1996 challenging the Award dated 31st March, 2004 passed by Mr. N.L. Kakkar, learned Sole Arbitrator.3. Briefly stated the facts of the present case are that petitioner, a company under liquidation, had entered into an agreement dated 15th April, 1994 with respondent, a national level apex corporation federation, for storage and processing of various Minor Forest Products (hereinafter referred to as 'MFP'). The dispute in the present case pertains to non-return of 4160 metric tons of Mahua Seed, even though the same had been handed over by respondent to petitioner for storage and processing.4. Mr. Praveen Marahatta, learned Counsel for petitioner submitted that the impugned Award was an unreasoned one and further that since the respondent itself had breached the contract, it was not entitled to ...
Tag this Judgment!Mr. Tilak Raj and anr. Vs. Mr. Rajendra Kumar and anr.
Court: Delhi
Reported in: 164(2009)DLT423
S. Ravindra Bhat, J.1. This order proposes to dispose certain pending applications. The undisputed position emerging from the pleadings may be briefly stated as follows.2. The first plaintiff (who subsequently died during the course of the proceedings and is hereafter referred to as 'Late Tilak Raj') was concededly the owner of various properties and held extensive interest in the business of M/s Diwan Chand & Sons Ltd. These included, inter alia, ground floor of W-48A, Greater Kailash-II, New Delhi, a plot measures 836.13 Sq. mtrs. That property also has a first floor with half constructed second floor. The parties are ad idem as to a family settlement arrived at on 7.1.2008 which was recorded in writing on 12.1.2008. The terms of the family settlement in its material particulars briefly were that:(i) Tilak Raj was to execute and register transfer papers/sale deed in respect of the ground floor with servant quarters of the said property in favour of the first defendant and his wife (h...
Tag this Judgment!Bihar Tubes Ltd. Vs. Garg Ispat Ltd.
Court: Delhi
Reported in: 166(2010)DLT109
Rajiv Shakdher, J.IA No. 11296/2009 (Order 39 Rules 1 & 2 of CPC)1. In the captioned application filed by the Plaintiff under the provisions of Order 39 Rules 1 & 2 read with Section 151 of Code of Civil Procedure, 1908 (in short the 'CPC.) ad-interim injunction is sought against the defendants in the following terms:an order to interim injunction restraining the defendants, partners/promoters as the case may be, directors, servants, agents, franchisees or any one acting for or on their behalf in any manner using the mark 'APOLLO' or any other mark identical or deceptively similar to the plaintiff's mark 'APL APOLLO' in relation to their manufacturing, trading or any export in any other form whatsoever so as to result in violation of plaintiff's statutory and common law rights. 2. The plaintiff has based its action in the background of the following averments made in the plaint/application:2.1 The plaintiff has stated that it had conceived the trade mark 'APL APOLLO' in the year 1999 i...
Tag this Judgment!Commissioner of Income Tax Vs. Ms. Sushma Kapoor
Court: Delhi
Reported in: [2009]319ITR299(Delhi); [2010]188TAXMAN24(Delhi)
A.K. Sikri, J.1. While issuing notice in respect of three items, addition made by the Assessing Officer which were deleted by the CIT(A) and formed by the appeal. After hearing Counsel for the parties we are of the opinion that all the issues are factual in nature where findings of facts are recorded in favour of the assessee herein and no question of law arises. It is demonstrated in the following manner:1. The Assessing Officer found that the assessee had already taken loan from the bank on which it had paid interest to the tune of Rs. 40,51,126/-. On the other hand assessee had granted certain interest free advances. These advances were to the tune of Rs. 39.65 lacs. The Assessing Officer was of the opinion that there was no business transactions with those who the assessee gave the loan advances and did not borrowed interest and, therefore, they had disallowed the proportionate interest which had been paid by the assessee to the banks in this manner and a sum of Rs. 7,13,700/- was ...
Tag this Judgment!On-dot Couriers and Cargo Ltd. Vs. Anand Singh Rawat
Court: Delhi
Reported in: 165(2009)DLT89
Kailash Gambhir, J.1. By way of this petition filed under Article 226 of the Constitution of India, the petitioner seeks issue of writ quashing the order dated 01.03.2008 passed by the learned Labour Court so far it relates to grant of Rs. 2,16,000/- as compensation to the respondent No. 1.2. The brief conspectus of the facts as set out in the petition are as under:Mr. Anand Singh Rawat, the workman/respondent herein had been working with the management/appellant herein as a clerk since 8.6.1992 and his last drawn salary was @ Rs. 4,200/- per month including emoluments. The main work of the workman was to receive the correspondence from Haryana and Punjab branches and to enter the receipts in the register. He also used to maintain the record. The service record of the workman is claimed to have remained clear and management never had any cause of complaint against the workman. Since the day of joining upto two years he had worked at Delhi and thereafter he had been sent to Ambala, wher...
Tag this Judgment!D.S. Constructions Ltd. Vs. Smt. Raj Kali Devi W/O Late Sh. Jainath Ko ...
Court: Delhi
Reported in: 163(2009)DLT634; (2010)157PLR18
V.B. Gupta, J.1. By way of this appeal, appellant is challenging order dated 29th December, 2006, passed by Commissioner, Workmen's Compensation (for short as 'Commissioner'). Vide impugned order, claim for compensation filed by respondent was allowed.2. Following substantial question of law has been formulated in this case;Whether the order passed by the learned Commissioner is without jurisdiction in view of the fact that respondent is governed by the contract and was working in Libya and Indian laws are not applicable in the case of deceased/Emigrants or in view of Article 12(6) of the Emigration Act, 1983 or in terms of Clause 12 of the Contract?3. Before dealing with the question of law, it would be fruitful to narrate brief facts which are; that respondent's husband was working with appellant on the post of Mason and drawing salary of Rs. 5,000/- per month. On 05/08/2000, during and in the course of employment at the site in Libya, her husband met with an accident and died. Appel...
Tag this Judgment!