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Delhi Court December 2010 Judgments

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Dec 03 2010 (HC)

Shir Amit Kumar Vs. Shri Dhara Singh

Court: Delhi

Decided on: Dec-03-2010

1. This is a suit for specific performance and permanent injunction. The case of the plaintiff is that vide agreement to sell dated 24th June 2006 the defendant agreed to sell land/plot measuring 9 bighas 12 biswas out of khewat 177/177, khasra No. 71/2 (4-0), 71/3 (0-5), 71/8 (1-0), 73/22 (4-7) situated in village Ladpur, Delhi to him CS(OS)No. 555/2009 Page 1 of 7 for a total consideration of Rs.35Lacs and a sum of Rs.3,50,000/- was received by him from the plaintiff as advance money. As per the terms of the agreement, the balance amount of Rs.31,50,000/- was to be paid to the defendant at the time of execution of the sale deed before the Sub Registrar. It is alleged in the plaint that in terms of the agreement, the defendant was required to obtain No Objection Certificate and Income Tax Clearance, which he has failed to obtain till date. The plaintiff also sent a notice dated 24th March 2008 to the defendant requesting him to convey the status of the formalities for the registration...

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Dec 03 2010 (HC)

Smt. Mam Kaur and anr. Vs. State

Court: Delhi

Decided on: Dec-03-2010

1.This appeal was filed by two ladies who stood convicted for the offence of murder by the Additional Sessions Judge vide judgment dated 28th May, 1994. They were found guilty of murdering one Smt. Kamlesh by burning her alive on 27th May, 1984. The deceased Kamlesh happened to be the daughter-in-law of one of the two convicts, namely, Smt. Mam Kaur and sister-in-law of the other convict, namely, Smt. Satto. Smt. Mam Kaur expired during the pendency of the appeal which she had filed jointly with her daughter Smt. Satto and, therefore, this Court is now to decide the fate of Smt. Satto, appellant no. 2 herein, only.2. The prosecution case is that the deceased Smt. Kamlesh was married to DW-1 Richhpal in the year 1980. She was living in her matrimonial home along with her husband, mother-in-law(accused Mam Kaur) and married sister-in-law(accused Satto). Her mother-in-law and sister-in-law did not treat her properly after her marriage since she had not brought sufficient dowry at the time...

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Dec 03 2010 (HC)

Dda Vs M.S. Satna Cement Works and ors.

Court: Delhi

Decided on: Dec-03-2010

1. This is an application under Order VII Rule 11 CPC for rejecting the plaint.2. The plaintiff has filed this suit for recovery of Rs.33,65,599/-. It is alleged in the plaint that the defendant No.1, which is a Unit of defendant No.2 entered CS(OS)NO.415/2006 Page 1 of 10 into an Agreement with the plaintiff for supply of 75,000 MT of non levy cement with 10% deviation. Under the Agreement, the supply was to commence on 10.5.1985 and was to be completed by 9.11.1985. It is further alleged that the defendants, however, commenced supply only in July, 1985 and the last supply was made in February, 1987.3. Clause 2 of the Agreement between the parties provides as under:- "The time allowed for carrying out the supply and the dates of delivery of the materials mentioned in the tender shall be strictly observed by the contractor and shall be deemed to be of the essence of the contract and the contractor shall deliver the materials on or before the dates mentioned in the tender. Should the co...

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Dec 03 2010 (HC)

Biax Speciality Films Private Limited. Vs. Xpro India Limited .

Court: Delhi

Decided on: Dec-03-2010

1.This first motion under Sections 391(1) and 393 of the Companies Act, 1956 (Act for short) has been filed by Biax Specialty Films Limited (Transferor Company) in respect of scheme of amalgamation with Xpro India Limited (Transferee Company), enclosed as annexure-F to this application.2. Registered office of the transferor company is situated within the National Capital Territory of Delhi. Registered office of the transferee company is located in the State of West Bengal, outside the jurisdiction of this Court. It is clarified that this order will be construed as an order granting exemption from holding of meeting of the equity shareholders and creditors of the transferee company. In case meeting of the equity shareholders and creditors of the transferee company is not held and C.A.(M) No.210/2010 Page 1 the transferor company files second motion for sanction/approval in this Court, this aspect will be examined and considered. It is noticed that the transferor company has suffered or ...

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Dec 03 2010 (HC)

Shri Ravinder Singh Vs.Shri Chuckles Kohli and ors

Court: Delhi

Decided on: Dec-03-2010

1. Whether Reporters of local papers maybe allowed to see the judgment? Yes2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported Yes in Digest?V.K. JAIN, JIA No. 9657/2008 (under Order 7 Rule 11 of CPC)1. This is an application for rejection of plaint on the ground that it does not disclose any cause of action.2. This is a suit for specific performance of an CS(OS)No. 1440.08 Page 1 of 29 agreement dated 23rd December, 2005, executed by the defendants, in favour of the plaintiffs, for sale of their undivided share in plot No.15, Block No.172, Jor Bagh, New Delhi. It is alleged in the plaint that vide agreement dated 23rd December, 2005, the defendants agreed to sell their undivided one-third share in the aforesaid property to the plaintiff for a total sale consideration of Rs 3,87,50,000/-. It is alleged that the plaintiff issued a cheque of Rs 21 lacs to the defendants, which was later replaced by a cheque of Rs 25 lacs. Initially, the date for making...

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Dec 03 2010 (HC)

Ama Hospitality Pvt Ltd. Vs. Gnct of Delhi and anr.

Court: Delhi

Decided on: Dec-03-2010

1. The short question that arises for determination in the present writ petition is whether by selling an eatable, a brownie to be precise, in a paper wrapping, the Petitioner has violated Section 33 of the Standards of Weights and Measures (Enforcement) Act, 1985 (Act).2. The Petitioner is a company engaged in the business of selling fast food under the name and style of Bagels and Brownies. The fast food sold by the Petitioner, like brownies, cakes, muffins, cookies etc. are prepared and served across the counter. These fast food products are pre-cooked. They are then combined at the outlet and heated before being sold to the customers at the outlet, with the choice of hot or cold filling. If the customer does not wish to consume the product at the outlet itself but wishes to take away, it is then placed in a W.P. (Civil) 2665/2010 Page 1 of 4 paper bag or wrapped in paper in a loose form, to enable the customer to carry it with him without damaging the product. According to the Peti...

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Dec 03 2010 (HC)

Syed Manzoor Shah Vs. Abdul Kalam

Court: Delhi

Decided on: Dec-03-2010

1. Whether the Reporters of local papers may be allowed to see the judgment? NO2. To be referred to Reporter or not? NO3. Whether the judgment should be reported in the Digest? NO: MOOL CHAND GARG,J (ORAL)CM No.21758/2010Allowed subject to just exceptions.Application stands disposed of.FAO444/20101. This appeal has been filed by the appellant being aggrieved of the order dated 18.09.2010, whereby the application moved by the appellant under Order XXXIX Rule 2 A CPC has been dismissed by the Additional District Judge after holding that nothing has been brought to the notice of the court that the respondent has violated the orders of status quo granted in favour of the appellant.2. On 15.05.2009 on an application filed by the appellant under Order XXXIX Rule 1&2 CPC on the basis of the report of Local Commissioner appointed earlier, the learned Additional District Judge has passed the following order :-"In view of the report of the Local Commissioner, I am of the considered view that pla...

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Dec 03 2010 (HC)

Ajay Ahuja and anr. Vs. M/S Subhiksha Trading Services Ltd.

Court: Delhi

Decided on: Dec-03-2010

1. Whether Reporters of local papers maybe allowed to see the judgment? Yes2. To be referred to the Reporter or not? Yes3. Whether the judgment should be reported Yes in Digest?V.K. JAIN, J1. This is a suit for recovery of possession, arrears of rent and mesne profit/damages for use and occupation. The plaintiffs are the owners of plot No. 71 comprised in Khasra No. 53 in Lal Dora of Village Nangli Puna, Delhi, which has a constructed area of 125 sq. feet and office area of 1000 sq. feet. The defendant was inducted as a tenant in respect of CS(OS)No.241/2010 Page 1 of 22 the aforesaid property, vide an unregistered lease agreement dated 20th October, 2005 at the rent of Rs 89,000/- p.m. The month of tenancy commenced from the 15 th day of the month and ended on the 14th day of the succeeding month. The rent was to increase by 15% after three years. A supplementary lease agreement was also executed between the parties on 1st October, 2007, whereby an additional rent of Rs 13,000/- was a...

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Dec 03 2010 (HC)

Dharam Pal Vs. U.O.i and ors

Court: Delhi

Decided on: Dec-03-2010

1. The petitioner has assailed the order of removal dated 9th July, 2004; appellate order dated 13th October, 2004 dismissing the petitioner's appeal and a revisional order dated 31st August, 2005 dismissing the petitioner's revision petition assailing the other orders. The disciplinary proceedings were conducted against the petitioner pursuant to a charge-sheet dated 7th January, 2004 on the following charges:-"CHARGE- 1Force No.962290020 Water carrier (suspended), CISF Unit Goa Airport, on dated 15.12.2004 at about 1010 O'clock in the Mess of unit, has made allegation against the wife of his colleague Water Carrier Dalbir Singh by saying that his wife is character less and earlier she has been illicit relation with water carrier Richpal Singh as well as the senior officers. When the water carrier Dalbir Singh resisted then water carrier Dharam Pal attacked on him with the Bellan (Bread roller). The water carrier Dharam Pal 1has leveled a very mean allegation against the wife of his c...

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Dec 03 2010 (HC)

Uoi and ors. Vs. P.R.Chandrasekharan and ors.

Court: Delhi

Decided on: Dec-03-2010

1. The litigating parties are directly appointed officers in the 50% quota allocable to posts in Grade VI Group A Service under the Customs and Excise Department of the Government of India. The inter-se battle being fought by them pertains to promotions to the post of Deputy Collector now renamed as Joint Commissioner. For a better understanding, the cadre structure of posts in Group A of the Indian Customs & Central Excise Group A Services may be noted in a tabular form. The same is as under:-WP(C) No.1762/08, 1824/08, 4718/08 & 7419/08 Page 2 of 24 Grade Previous nomenclature Present nomenclatureGrade VI Assistant Collector Assistant Commissioner (Junior Time Scale)Grade V Assistant Collector Deputy Commissioner (Senior Time Scale)Grade IV Deputy Collector Joint Commissioner (Junior Administrative Scale)Grade III Additional Collector Additional Commissioner (Non-functional of Customs & Central Selection Grade of Excise Junior Administrative Grade)Grade II Collector Commissioner of Cu...

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