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Delhi Court November 2012 Judgments

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Nov 21 2012

Reliance Industries Ltd. and anr. Vs. the Chief Information Commission ...

Court: Delhi

Decided on: Nov-21-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t November, 2012 % + W.P.(C) 7248/2012 & CM No.18689/2012 (for stay) RELIANCE INDUSTRIES LTD. & ANR. ..... Petitioners Through: Dr. A.M. Singhvi, Sr. Adv. with Mr. R. Sasiprabhu, Mr. Shivshankar, Mr. Somiran Sharma, Advs. Versus THE CHIEF INFORMATION COMMISSIONER & ORS ..... Respondents Through: Mr. Neeraj Malhotra, Adv. for R2,3 & 5. Mr. Jatan Singh, CGSC with Mr. Tushar Singh, Adv. for UOI/R-6. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J CM No.18690/2012 (for exemption) Allowed, subject to just exceptions. The application is disposed of. WP(C) No.7248/2012 1. This writ petition impugns the order dated 06.11.2012 of the Central Information Commission (CIC) allowing the appeal preferred by the respondent No.4 Mr. Arun Kumar Agarwal and directing the Public Information Officer (PIO) of the respondent No.3 Securities and Exchange Board of India (SEBI) to provide the information s...


Nov 21 2012

Vinod @ Parmod Vs. State

Court: Delhi

Decided on: Nov-21-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL.A. 695/2001 Date of Decision:21. t November, 2012 + # ! VINOD @ PARMOD Through: ..... Appellant Mohd. Nasir & Mohd. Saleem, Advocates versus $ STATE Through: ..... Respondent Mr. M.N. Dudeja, APP for the State WITH % # ! CRL.A. 703/2001 SANJAY KUMAR Through: ..... Appellant Mr. M.L. Yadav, Advocate. versus $ STATE OF DELHI Through: ..... Respondent Mr. M.N. Dudeja, APP for the State AND % # ! CRL.A. 736/2001 SATISH KUMAR Through: ..... Appellant Mohd. Nasir & Mohd. Saleem, Advocates. versus $ * STATE OF DELHI Through: ..... Respondent Mr. M.N. Dudeja, APP for the State CORAM: HON'BLE MR. JUSTICE P.K.BHASIN JUDGMENT P.K.BHASIN, J: The appellants had been convicted for the commission of the offences punishable under Sections 120-B IPC and 364/365/386/120-B of Indian Penal Code ('IPC' for short) by the learned Additional Sessions Judge vide judgment dated 28th August, 2001 and vide order dated 30th August, 2001 they had been sentenced to und...


Nov 21 2012

Royal Sundaram Alliance Insurance Co. Ltd. Vs. Faiyaz Ali and ors.

Court: Delhi

Decided on: Nov-21-2012

$~ 34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:21. t November, 2012 + MAC. APP. 898/2011 & CM.APPL.19459/2012 ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. ..... Appellant Through Ms. Suman Bagga, Advocate versus FAIYAZ ALI & ORS. Through ..... Respondents Nemo CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. Today the case was fixed for disposal of the Application for release of the amount of `3,00,000/- in favour of the Claimant. With the consent of the learned counsel for the parties, the Appeal is taken up for final disposal.2. The Appellant Royal Sundaram Alliance Insurance Co. Ltd. impugns a judgment dated 18.07.2011 passed by the Motor Accident Claims Tribunal(the Claims Tribunal) whereby while awarding a compensation of `6,31,851/- in favour of the First Respondent(for having suffered injuries in a motor vehicle accident which occurred on 02.09.2009), the Appellants plea of exoneration was rejected and it was directed to satisfy the award ...


Nov 21 2012

State Vs. Bakshish Singh and anr

Court: Delhi

Decided on: Nov-21-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :10. h September, 2012 DECIDED ON :21. t November, 2012 + CRL.A. 89/2012 STATE ..... Appellant Through: Mr.Sanjay Lao, APP for the State. Versus BAKSHISH SINGH & ANR. ..... Respondents Through: Mr.Mukesh Kalia with Mr.Varun Jamwal, Advocates. CORAM: MR. JUSTICE SANJIV KHANNA MR. JUSTICE S.P.GARG S.P.GARG, J.1. State has preferred the present appeal against the judgment dated 15.12.2010 of learned Additional Sessions Judge in Sessions Case No.22/3/09 by which the respondents Bakshish Singh @ Manny and Sandeep Singh @ Sunny were acquitted of the charge under Section 302 IPC and convicted for the offence punishable under Section 304 Part II read with Section 34 of the IPC. In brief, the prosecution case is as under:2. On 11.06.2009 a meeting took place at the shop of Bhupinder Singh (PW-4) at Mangolpuri in which deceased, PW-24A (Deepak Marwah), the respondents and 3 or 4 other persons participated to resolve money dispute between the ...


Nov 21 2012

T.C.Sood , New Delhi Vs. Commissioner of Income Tax

Court: Delhi

Decided on: Nov-21-2012

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t November, 2012 + W.P.(C) 1687/2012 T.C.SOOD , NEW DELHI Through: ..... Petitioner Ms. Sonia Mathur, Adv. versus COMMISSIONER OF INCOME TAX ..... Respondent Through: Mr. N. P. Sahni, Sr. Standing Counsel. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R.V. EASWAR,J: (OPEN COURT) Issue notice.2. Mr. Sahni, Sr. Standing Counsel accepts notice on behalf of Revenue and states that the petition can be disposed of at this stage.3. The writ petition has been filed in the following circumstances. The petitioner is an individual. A search under Section 132 of the Income Tax Act, 1961 (Act for short) was conducted on 13th May, 2003 at his residential premises at C-8, Anand Niketan, New Delhi. On the basis of the evidence gathered during the search, a notice was issued under Section 158BC of the Act calling upon the petitioner to file a return of the undisclosed income. The petitioner filed a return showing undisclo...


Nov 21 2012

Dalbir Singh Vs. Uoi and ors.

Court: Delhi

Decided on: Nov-21-2012

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: November 21, 2012 + W.P.(C) 6354/2012 DALBIR SINGH Represented by: ..... Petitioner Mr.Kaushal Yadav, Advocate. versus UOI & ORS. ..... Respondents Represented by: Mr.Ravinder Aggarwal, Advocate with Mr.Vijaya Kumar Rout, Pairvi Officer, CRPF. CORAM: HONBLE MR. JUSTICE PRADEEP NANDRAJOG HONBLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) CM No.16963/2012 Allowed subject to just exceptions. WP(C) 6354/2012 & CM No.6962/2012 1. On April 11, 1993 an incident took place at around 11.30 A.M. in the office of the Deputy Commandant of 36 CRPF Battalion at Fatehabad at which it was alleged against the appellant that using the Self Loading Rifle issued to him he fired at the Deputy Commandant during which firing the Deputy Commandant was hit and Battalion Havaldar Major Harish Chander died.2. The writ petitioner was sent to trial for offences punishable under Section 302 IPC and 307 IPC as also Section 25 of the Arms Ac...


Nov 21 2012

Dharambir Khattar Vs. Union of India and Another

Court: Delhi

Decided on: Nov-21-2012

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. 11.2012 W.P. (Crl) 1582/2007 DHARAMBIR KHATTAR Petitioner Versus UNION OF INDIA & ANOTHER Respondents Advocates who appeared in this case: For the Petitioner : Mr R. Venkatramani, Sr Advocate with Dr Rekha Dhaka, Mr Prashant Singh and Dr Sushil Gupta For the Respondent/UoI : Mr S.K. Dubey and Mr Nitin Kumar Sharma For the Respondent/CBI : Mr Dayan Krishnan with Mr Gautam Narayan CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MS JUSTICE VEENA BIRBAL JUDGMENT BADAR DURREZ AHMED, J 1.This writ petition seeks to raise questions with regard to seven interception orders purportedly passed under Section 5(2) of the Indian Telegraph Act, 1885 (hereinafter referred to as the Telegraph Act) read with Rule 419-A of the Indian Telegraph Rules, 1951 (hereinafter referred to as the Telegraph Rules). In the backdrop of these seven interception orders, the petitioner has prayed that:- a) The case Bearing C.C. No.12/2004 (RC No. AC 0...


Nov 21 2012

Sanjay Datta Vs. the New India Assurance Company Ltd. and ors.

Court: Delhi

Decided on: Nov-21-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t November, 2012 + MAC.APP. 296/2009 SANJAY DATTA Through: ...... Appellant Mr. Bhupendra S. Chauhan, Adv. versus THE NEW INDIA ASSURANCE COMPANY LTD. & ORS. ..... Respondents Through: Ms. Meenakshi Midha, Adv. for Mr. Niraj Singh, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant Sanjay Datta, who is the owner of the Maruti Car not DL3CG-9914 takes exception to the judgment dated 05.11.2008 only to the extent that the recovery rights ought not to have been granted against him as the Insurance Company failed to prove that there was conscious and willful breach of the terms and conditions of the insurance policy.2. During the course of arguments it was stated that the Appellant was not properly served and, therefore, he did not have an opportunity to defend the Claim Petition. Thus, the impugned judgment is liable to be set aside and the case should be remanded back to the C...


Nov 21 2012

United India Assurance Company Ltd. Vs. Mota Ram and ors.

Court: Delhi

Decided on: Nov-21-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t November, 2012 + MAC.APP. 256/2009 UNITED INDIA ASSURANCE COMPANY LTD. ...... Appellant Through: Mr. K.L. Nandwani, Adv. versus MOTA RAM & ORS. Through: ..... Respondents Mr. Raj Kumar, Adv with Ms. Jatinder Kaur, Adv. for R-1 & R-2. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `24,50,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No.1 and 2 (the deceaseds parents) for the death of their son Surender Pal, who died in a motor vehicle accident which occurred on 5.12.2001.2. The finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company. Thus, the same has attained finality.3. There is twin challenge to the impugned judgment. First, the deceased Surender Pal was a bachelor. Thus, the multiplier should have been applied as per the age of the deceaseds mot...


Nov 21 2012

Gopal Prasad Shastri and ors. Vs. State (Nct of Delhi) and anr.

Court: Delhi

Decided on: Nov-21-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % W.P. (Crl.) No. 133 of 2010 Date of Decision:21. t November, 2012 + # ! Gopal Prasad Shastri & Ors. ....Petitioners Through: Mr. Ramesh Gupta, Sr. Advocate with Mr. Sumit Arora, Advocate Versus $ ! * State (NCT of Delhi) & Anr. Respondents Through: Mr. Saleem Ahmed, ASC with Ms. Charu Dalal, Advocate. ACP Mahender Singh , P.S. R.K. Puram, Mr. S.N. Bharadwaj, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE P.K.BHASIN JUDGMENT The petitioners, by way of the present petition, sought quashing of the FIR no. 497/2009 dated 11.11. 2008 registered at R.K. Puram Police Station against them at the instance of respondent no. 2 herein for the commission of the offences under Sections 406/420/506 of the Indian penal Code and Section 3(1)(x) of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989.2. Briefly stated, the facts of the case are that the respondent no. 2 complainant was appointed as a driver in Lal Bahadur Shastri Sr. Sec. School...


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