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Delhi Court December 2011 Judgments

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Dec 22 2011

Umed Singh Vs. the Commissioner of Police, (Delhi Police) Police Headq ...

Court: Central Administrative Tribunal CAT Delhi

Decided on: Dec-22-2011

Mr. M.L. Chauhan, Member (J): 1. Applicant has filed this OA, thereby praying for the following reliefs: “i. To quash and set aside impugned order No.6170-96/HAP/SB/(P-I), dated 23.09.2009 passed by Deputy Commissioner of Police, Special Branch, New Delhi and confirming of penalty order dated 09.03.2010 passed by Ujjwal Mishra, Joint Commissioner of Police, SB, New Delhi. ii. To award cost in favour of the Applicant and against the respondents; and iii. Pass any such other order or orders as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances may also be passed.” 2. Briefly stated, facts of the case are that applicant while posted in PS Sangam Vihar, South District, New Delhi, was entrusted with an enquiry and submit his report in the court of Shri Sanjeev Jain, MM, New Delhi in a criminal complaint No.1876/1 dated 15.10.2004 filed by one Sirajuddin against Mohd. Nawab Sharif relating to alleged murder of Ali Jaan, brother of Mohd. Nawab Shari...


Dec 21 2011

Cit Vs. Eagle theatres

Court: Delhi

Decided on: Dec-21-2011

$~1. * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1287/2011 CIT ..... Appellant Through Mr. Abhishek Maratha, Sr. Standing Counsel and Ms. Anshul Sharma, Advocate. Versus EAGLE THEATRES ..... Respondent Through Mr. Salil Aggaral, Mr. Ravi Pratap Mall and Mr. Prakash Yadav, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V.EASWAR ORDER % 21.12.2011 CM No. 22762/2011 This is an application for condonation of delay of one day in filing the appeal. Learned counsel for the respondent- assessee, who is present on advance notice, states that he has no objection if the application is allowed and the delay is condoned. Accordingly the application is allowed. The application stands disposed of. ITA No. 1287/2011 The Revenue by the present appeal under Section 260A of the Income Tax Act, 1961 (Act, for short) impugns order dated 31st January, 2011 passed by the Income Tax Appellate Tribunal (tribunal, for short) on three grounds. (i) Reduction of valuation of scrap fr...


Dec 21 2011

M/S Kwality Caterers Vs. Union of India and Another

Court: Delhi

Decided on: Dec-21-2011

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 21st December, 2011 + LPA No. 1003/2011 M/S KWALITY CATERERS ..... Appellant Through: Mr. Naresh Thanai, Advocate Versus UNION OF INDIA and ANOTHER ..... Respondents Through: Nemo CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. The appeal impugns the order dated 25 th November, 2011 of the learned Single Judge disposing of W.P.(C) No. 5041/2011 preferred by the appellant by relegating the appellant to the Courts at Kolkata, inter alia on the ground that it is more convenient for the Courts at Kolkata to deal with the controversy, than this Court. The learned Single Judge in this regard has relied on Sterling Agro Industries Ltd. v. Union of India 181 (2011) DLT 658 where a five-Judge Bench of this Court has held that the Court may LPA No.1003/2011 Page 1 of 14 refuse to exercise jurisdiction under Article 226 if the jurisdiction is invoked in a malafide mann...


Dec 21 2011

Satyanarayan G.Agarwal Vs. Uoi and ors

Court: Delhi

Decided on: Dec-21-2011

26. * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 21.12.2011 % W.P.(C) 8883/2011 and C.M. No. 20082/2011 SATYANARAYAN G.AGARWAL ..... Petitioner Through: Mr. Sandeep Sethi, Sr. Adv. with Ms. Smita Bankoti, Advocate versus UOI AND ORS ..... Respondent Through: Ms. Sapna Chauhan for UOI CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI.1. Whether the Reporters of local papers may be allowed to see the judgment? :.2. To be referred to Reporter or not? :.3. Whether the judgment should be reported in the Digest? : VIPIN SANGHI, J. (Oral).1. The petitioner assails the order dated 23.09.2011 passed by the Mines Tribunal, whereby the said tribunal has allowed the revision preferred by respondent no.4, Ispat Industries Limited under Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 (The Act) and Rule 55 of the Mineral Concession Rules (The Rules), and remanded the case back to the State Government for reconsideration W.P.(C.) No. 8883/2011 Page 1 of 8 of the aspe...


Dec 21 2011

National Fertilizers Ltd Vs. A.K. Maitra

Court: Delhi

Decided on: Dec-21-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st December, 2011. + LPA 792/2011 % NATIONAL FERTILIZERS LTD. ....Appellant Through: Mr. A.S. Chandhiok, ASG with Mr. P.K., Advocate. Versus A.K. MAITRA ..... Respondent Through: Ms. Anju Bhattacharya, Adv. AND LPA 793/2011 NATIONAL FERTILIZERS LTD. ....Appellant Through: Mr. A.S. Chandhiok, ASG with Mr. P.K., Advocate. Versus ANIL KUMAR SHARMA ..... Respondent Through: Ms. Anju Bhattacharya, Adv. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J..1. The appeals impugn identical orders in W.P.(C) No. 8561/2010 and W.P.(C) No. 469/2011 preferred by the respondents and whereby the learned Single Judge has directed the appellant to release the amount due to each of the respondents towards Leave Encashment along with interest @ 8% per LPA Nos.792-93/2011 Page 1 of 12 annum. The respondents superannuated from the employment with the appellant on 28th February, 2009 and 31st Mar...


Dec 21 2011

M/S Barco Electronic Systems Pvt. Vs. Mrs. Kiran Malik

Court: Delhi

Decided on: Dec-21-2011

IN THE HIGH COURT OF DELHI AT NEW DELHI ARB. P. 122/2011 and I.A. No. 6891/2011 Reserved on: November 30, 2011 Decision on: December 21, 2011 M/S BARCO ELECTRONIC SYSTEMS PVT. LTD. ..... Petitioner Through: Mr. Sachin Puri with Ms. Vaadam Bari, Ms. Namitha Mathur and Ms. Monica Chugh, Advocates. versus MRS. KIRAN MALIK ..... Respondent Through: Mr. Jagjit Singh with Ms. Neetu Chauhan, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 21.12.2011.1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 ('Act') seeking the appointment of an Arbitrator to adjudicate the disputes between the parties. The Petitioner's version of the facts.2. The Petitioner states that it is a private limited company and a 100% subsidiary of M/s Barco N.V., Belgium which was carrying on manufacturing activities from the premises at A-5, Sector-5, Noida (hereinafter 'premises in question'). On 11th September 2000 an agreement of lease was executed whereby the Respondent Mrs. Kira...


Dec 21 2011

Bharath Skins Corporation Vs. Taneja Skins Company Pvt. Ltd

Court: Delhi

Decided on: Dec-21-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved On:21st November, 2011 Judgment Delivered On:21st December, 2011 + RFA(OS) 13/2002 BHARATH SKINS CORPORATION ..... Appellant Through: Mr.G.Tushar Rao, Advocate and Mr.Atanu Mukherjee, Advocate. versus TANEJA SKINS COMPANY PVT. LTD. ....Respondent Through: Mr.J.N.Aggarwal, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE S.P. GARG PRADEEP NANDRAJOG, J..1. The above captioned appeal arises out of a judgment and decree dated 29.08.2001 passed by the learned Single Judge whereunder the suit for recovery in sum of `26,30,000/- filed by respondent M/s.Taneja Skin Company (P) Ltd. has been decreed against the appellant M/s.Bharat Skins Corporation..2. Since arguments in the appeal were restricted to only whether the suit which was filed on 02.09.1985 was barred by limitation or not, we propose to note only such facts as would be relevant on the subject..3. Claim in the suit was that commencing with the fir...


Dec 21 2011

Runu Ghosh Vs. C.B.i

Court: Delhi

Decided on: Dec-21-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON 29.11.2011 DECIDED ON: 21.12.2011 + CRL.A. 482/2002, CRL.A. 509/2002, CRL. M.A. 1839/2002 and CRL.A. 536/2002 CRL.A. 482/2002 RUNU GHOSH ..... Appellant Through: Mr. Satish Tamta with Ms. Ruchi Kapur, Advocates with appellant in person. CRL.A. 509/2002 P. RAMA RAO ..... Appellant Through: Mr. S.S. Gandhi, Sr. Advocate with Mr. A. Tiwari, Advocate with appellant in person. CRL.A. 536/2002 SUKH RAM ..... Appellant Through: Mr. Arvind Nigam, Sr. Advocate with Mr. Anil Nag, Advocate with appellant in person. versus C.B.I. ..... Respondent Through: Mr. P.P. Malhotra, ASG with Mr. Chetan Chawla, Advocate. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE G.P. MITTAL MR. JUSTICE S.RAVINDRA BHAT %.1. The present judgment will dispose off three appeals directed against the judgment dated 5th July 2002 passed by the learned Special Judge in RC 3(A)/96 ACU convicting the three Appellants (Mr. Sukh Ram, Mr. Rama Rao and Ms. Runu Ghosh) for the of...


Dec 21 2011

Babu Lal Meena Vs. Union of India and ors

Court: Delhi

Decided on: Dec-21-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.8938/2011 % Date of Decision: 21.12.2011 Babu Lal Meena .... Petitioner Through Mr.N.K. Katyal, Advocate Versus Union of India and Ors. .... Respondents Through Mr.Rajinder Nischal, Advocate CORAM: HON'BLE MR. JUSTICE ANIL KUMAR HON'BLE MS. JUSTICE INDERMEET KAUR ANIL KUMAR, J. *.1. The petitioner has challenged the order dated 29th June, 2009 passed by the Disciplinary Authority, order dated 27th April, 2010 passed by the Appellate Authority, order dated 6th December, 2010 passed by the Reviewing Authority and order dated 12th August, 2011 passed by the Director General, CRPF removing the petitioner from service on account of his misconduct after a proper inquiry. The petitioner has also sought regularization of his absence from duty from 10th January, 2009 to 29th June, 2009 and payment of his salary and other allowances. WP(C) No.8938/2011 Page 1 of 14 2 The petitioner was enrolled as a Constable in CRPF w.e.f. 5th March, 2003 in ...


Dec 21 2011

M/S Bqr Systems India Private Ltd Vs. Union of India and ors

Court: Delhi

Decided on: Dec-21-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21st December, 2011. + LPA No.550/2011 % M/S BQR SYSTEMS INDIA PRIVATE LTD. .......Appellant Through: Mr. L.R. Khatana, Mr. Narveer Dabas and Mr. Siddharth Khatana, Advocates. Versus UNION OF INDIA and ORS. ..... Respondents Through: Mr. Ruchir Mishra, Adv. for UOI. Mr. Neeraj Sharma, Mr. Nishant Menon and Ms. Anjali, Advocates for R-2 to.5. CORAM :- HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT RAJIV SAHAI ENDLAW, J..1. This intra court appeal is preferred against the order dated 14th March, 2011 of the learned Single Judge dismissing W.P.(C) No.8862/2008 preferred by the appellant. The said writ petition was preferred seeking mandamus against Foreign Investment Promotion Board (FIPB) to initiate proceedings against the respondent no.2 M/s Deutsche Gesellschaft zur LPA No.550/2011 Page 1 of 16 Zertifizierung von Managementsystemen (Foreign Company), a Company incorporated in accordance with ...


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