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Delhi Court January 2012 Judgments

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Jan 12 2012

National Institute of Vs. Dr R.N. Prasad

Court: Delhi

Decided on: Jan-12-2012

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 12.01.2012 + W.P.(C) 7239/2010 NATIONAL INSTITUTE OF BIOLOGICIALS and ANR ... Petitioners versus DR R.N. PRASAD ... Respondent Advocates who appeared in this case: For the Petitioners : Mr V.K. Rao with Mr Vaibhav Kalra and Ms Neha Bhatnagar For the Respondent : Mr Rakesh Khanna, Sr Advocate with Mr Varun Kumar CORAM:- HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE V.K. JAIN BADAR DURREZ AHMED, J (ORAL).1. This writ petition has been filed both by the National Institute of Biologicals as well as the Union of India being aggrieved by the order dated 09.03.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in MA 1578/2009 which, in turn, was passed in OA 381/2008. The petitioners are aggrieved by the observations and directions in the impugned order, which are specifically contained in paragraphs 6 and 7 thereof and which read as under:- "6. The direction given in the OA number 381/2008 ...


Jan 12 2012

Munshi Ram Vs. Bhoj Ram Thru L.R'S

Court: Delhi

Decided on: Jan-12-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on : 10.01.2012 Judgment delivered on: 12.01.2012 + CM (M) No.1612/2010 and CM No.8004/2005 MUNSHI RAM ..... Petitioner Through Mr. Ajay Kohli, Adv. versus BHOJ RAM THRU L.R'S ..... Respondent Through Mr. Vijay Kishan and Mr. Vikram Jaitely, Advs. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J..1. This petition has impugned the order dated 21.03.2005 passed by the Additional Rent Control Tribunal (ARCT) which had reversed the finding of the Additional Rent Controller (ARC) dated 01.07.1994..2. Record shows that the present eviction petition has been filed by the landlord Bhoj Raj against his tenant Munshi Ram on the ground available to him under Section 14 (1)(b) of the Delhi Rent Control Act (DRCA); contention being that Munshi Ram had sub-let the premises to respondents No.2. and 3 Om Prakash and Sri CM (M) No.1612/2010 Page 1 of 8 Niwas; premises in dispute is a shop bearing No. E-46/3, Hauz Khas, New Delhi. ...


Jan 12 2012

Auro Industries Limited Vs. Tribal Cooperative Marketing

Court: Delhi

Decided on: Jan-12-2012

* THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 12.01.2012 + FAO(OS) 212/2002 and FAO(OS) 266/2002 FAO(OS) 212/2002 AURO INDUSTRIES LIMITED ...APPELLANT VERSUS TRIBAL COOPERATIVE MARKETING DEVELOPMENT FEDERATION OF INDIA LIMITED AND ANR. ...RESPONDENTS FAO(OS) 266/2002 TRIBAL COOPERATIVE MARKETING DEVELOPMENT FEDERATION OF INDIA LIMITED AND ANR. ...APPELLANTS VERSUS AURO INDUSTRIES LIMITED and ANR. ...RESPONDENTS Advocates who appeared in this case: For the Appellant : Mr. Rajiv Talwar and Mr. Nipu Patiri, Advocates in FAO(OS) 212/2002 and Mr. Alakh Kumar, Advocate in FAO(OS) 266/2002 For the Respondent: Mr. Alakh Kumar, Advocate in FAO(OS) 212/2002 and Mr. Rajiv Talwar and Mr. Nipu Patiri, Advocates in FAO(OS) 266/2002 CORAM :- HON'BLE MR JUSTICE SANJAY KISHAN KAUL HON'BLE MR JUSTICE RAJIV SHAKDHER FAO(OS) 212/2002 and FAO(OS) 266/2002 Page 1 of 8 SANJAY KISHAN KAUL, J (ORAL) CM No.679/2002 (Exemption) in FAO(OS) 266/2002 Allowed subject to just exceptions. CM No.677/2...


Jan 12 2012

M/S Hindustan Gum and Chemicals Ltd and Another Vs. Cce, Ahmedabad

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Decided on: Jan-12-2012

Per Mathew John, J. 1. There are three appeals being decided in this proceeding. Appeal No. E/2478/2002 is an appeal filed by M/s Hindustan Gum and Chemicals Ltd, Ahmedabad. Appeal No.2883/2004 is an Appeal filed by Commissioner of Central Excise, Rohtak against Hindustan Gum and Chemicals, Bhiwani, Haryana. Appeal No. E/2167/2001 is an appeal filed by Saahil Organics, Ahmedabad. All the three appeal involves the issue whether the Treated Tamarind Kernel Powder produced by the assessees is excisable and if yes what is the classification of the product under Central Excise Tariff. M/s Hindustan Gum and Chemicals market the product under the name ‘TPT-12’. M/s Saahil Organics declared their product as ‘textile gum’ in the classification list filed before Central Excise Authorities. 2. During the relevant time the excise procedure required the assessees to make a declaration of the products manufactured by them indicating the classification and rate of duty applica...


Jan 11 2012

Arun Kumar Gupta Vs. Rakesh Sood

Court: Delhi

Decided on: Jan-11-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment: 11.01.2012 + CM(M) 39/2011 ARUN KUMAR GUPTA ..... Petitioner Through Mr. Rakesh Khanna, Sr. Adv. with Mr. D.N. Grover, Adv. versus RAKESH SOOD ..... Respondent Through Mr. Sanjeev Sachdeva, Sr. Advocate with Mr. Preet Pal Singh, Ms. Pryam Mehta and Mr. Abhimanyu Mehta, Adv. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. (Oral).1. The order impugned before this court is the order dated 13.10.2010 vide which the Additional Rent Control Tribunal (ARCT) had reversed the finding of the Addition Rent Controller (ARC) in a pending eviction petition filed by the landlord-Arun Kumar Gupta under Section 14(1)(a) of the Delhi Rent Control Act (DRCA)..2. Record shows that the present eviction petition had been filed by the landlord under the aforenoted provision of law claiming non-payment of arrears of rent for three consecutive CM(M) No. 39/2011 Page 1 of 6 months by the tenant. It is not in dispute that the benefit of S...


Jan 11 2012

M/S. Sukhdata Chits Pvt. Ltd. and ors Vs. Shri Rajender Prasad Gupta

Court: Delhi

Decided on: Jan-11-2012

* THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 02.01.2012 Pronounced on: 11.01.2012 + CRL.M.C. NO. 3089/2011 M/S. SUKHDATA CHITS PVT. LTD. and ORS. ...... Petitioner Through: Mr. Diwan Singh Chauhan, Advocate Versus SHRI RAJENDER PRASAD GUPTA ...... Respondent Through: WITH CRL.M.C. NO. 3090/2011 PREM KUMAR ARYA ......Petitioner Through: Mr. Diwan Singh Chauhan, Advocate Versus SHRI RAJENDER PRASAD GUPTA ...... Respondent Through: CORAM: HON'BLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J..1. Present petitions have been filed under Article 227 of the Constitution of India read with Section 482 Cr. P.C. against impugned order dated 27.07.2011 passed by learned ASJ in Crl. Revision No. Crl.M.Cs.3089/2011 and 3090/2011 Page 1 of 9 66/2011 and order dated 07.02.2011 of the learned MM in Complaint Case No. 883/A/2010 under section 138 of Negotiable Instrument Act (hereinafter referred to as the Act)..2. In his complaint filed by the respondent Rajendra Prasad Gupta under section 138 of the Ac...


Jan 11 2012

Advocates Who Appeared in This Vs. for the

Court: Delhi

Decided on: Jan-11-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on 11.01.2012 + ITA No. 215/2011 CIT ... Appellate versus PRADEEP AGENCIES JOINT VENTURE ... Respondents AND + ITA No. 221/2011 CIT ... Appellate versus PRADEEP AGENCIES JOINT VENTURE ... Respondents Advocates who appeared in this case: For the Appellant : Ms Rashmi Chopra For the Respondent : Mr Rakesh Gupta, Ms Rani Kiyala and Mr Kunal Nagpal CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE V.K.JAIN BADAR DURREZ AHMED (ORAL).1. These appeals are taken up together as they arise of the common order passed by the Income Tax Appellate Tribunal (hereinafter referred to as 'the said Tribunal') dated 31.03.2010 in ITA Nos. 3322 and 3323/Del/2009 pertaining to the ITA Nos. 215/11 and 221/11 Page 1 of 6 assessment years 2003-04 and 2004-05. Both these appeals are concerned with penalty proceedings under Section 271(1)(c) of the Income Tax Act 1961 (hereinafter referred to as 'the said Act')..2. The assessee is an as...


Jan 11 2012

Naresh Kumar Gupta Vs. Dsidc Ltd

Court: Delhi

Decided on: Jan-11-2012

$~R-35 to R-40 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 11, 2012 + RFA(OS) No.1/2001 NARESH KUMAR GUPTA ..... Appellant Through: Mr.A.K.Singla, Senior Advocate with Mr.J.K.Sharma, Advocate. versus DSIDC LTD. ....Respondent Through: None. RFA(OS) No.2/2001 SUBHASH CHAND ..... Appellant Through: Mr.A.K.Singla, Senior Advocate with Mr.J.K.Sharma, Advocate. versus DSIDC LTD. ....Respondent Through: None. RFA(OS) No.3/2001 SANT KUMAR ..... Appellant Through: Mr.A.K.Singla, Senior Advocate with Mr.J.K.Sharma, Advocate. versus DSIDC LTD. ....Respondent Through: None. RFA(OS) No.4/2001 SURESH KUMAR ..... Appellant Through: Mr.A.K.Singla, Senior Advocate with Mr.J.K.Sharma, Advocate. RFA (OS) Nos.1/01, 2/01, 3/01, 4/01, 5/01 and 16/01 Page 1 of 6 versus DSIDC LTD. ....Respondent Through: None. RFA(OS) No.5/2001 PRADEEP KUMAR ..... Appellant Through: Mr.A.K.Singla, Senior Advocate with Mr.J.K.Sharma, Advocate. versus DSIDC LTD. ....Respondent Through: None. RFA(OS) N...


Jan 11 2012

Savitri Devi Vs. Commissioner of Police

Court: Delhi

Decided on: Jan-11-2012

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. No.103/2012 % Judgment delivered on: 11th January, 2012 SAVITRI DEVI ..... Petitioner Through: Mr.C.B. Singh, Adv. versus COMMISSIONER OF POLICE ..... Respondent Through: Ms.Rajdipa Behura, APP. SI Satya Pal, PS N.U. Pur, Delhi CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. (Oral).1. Notice issued..2. Ld. APP accepts notice on behalf of respondent..3. Vide the instant petition, the petitioner has prayed to direct the respondent to lodge FIR against the accused persons under Section 302/34 IPC..4. Ld. APP has relied upon "Sakiri Vasu v. State of U.P. and others" 2008(2) SCC 409 the relevant paras are reproduced as under: "25. We have elaborated on the above matter because we often find that when someone has a grievance that his FIR has not been registered at the police station and/or a Crl.M.C103/2012 Page 1 of 3 proper investigation is not being done by the police, he rushes to the High Court to file a writ petition or a...


Jan 11 2012

# Poonam Sharma Vs. $ M/S Prem Nath Anand Buildcon Pvt.

Court: Delhi

Decided on: Jan-11-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA NO.74. OF 2005 Date of Decision: 11th January, 2012 # POONAM SHARMA ..... Appellant Through: Mr. Vinod Malhotra, Advocate Versus $ M/S PREM NATH ANAND BUILDCON Pvt. Ltd. and Ors. ........Respondents (as per amended memo of parties dated 12.05.08) ^ Through: Mr. Harish Malhotra, Sr. Advocate with Mr. R.K. Modi and Ms. Mala Goel, Advocates for respondents No.1 and.2. CORAM: * HON'BLE MR. JUSTICE P.K.BHASIN JUDGMENT P.K.BHASIN, J: This appeal is at the instance of one of the two unsuccessful defendants in a suit for possession and damages/mesne profits for unauthorized use and occupation of a portion of property no. 16/849, Joshi Road, Karol Bagh, New Delhi (in short suit property) filed RFA 74/2005 Page 1 of 11 against her and her mother-in-law (respondent no.3. herein as per the amended memo of parties dated 12.5.2008..2. Daulat Ram Public Trust (hereinafter referred to as the plaintiff Trust) claimed to be the owner of the suit property a...


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