Delhi Court November 2012 Judgments
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Mohini Devi Vs. Delhi Development Authority
Court: Delhi
Decided on: Nov-16-2012
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6080/2012 % Judgment dated 16.11.2012 MOHINI DEVI Through ..... Petitioner Mr. Rajesh Pathak, Advocate versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through Mr. Arun Birbal, Advocate CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Counsel for the petitioner submits that this writ petition can be disposed of in view of the stand taken by the DDA in the counter affidavit. The grievance of the petitioner is that when the petitioner went to take possession of the flat allotted to the petitioner on 14.11.1994, she found that the flat in question was already in possession of one Sh. Roshan Lal. Thereafter, the petitioner has been making representations and visiting the Office of the DDA to allot an alternate flat to her but despite the period of 18 years having been elapsed no allotment has been made in favour of the petitioner till date.2. The facts of this case unfold a very sorry state of affairs and also refle...
Sonu @ Chhotu Vs. the State (Govt of Nct0 of Delhi
Court: Delhi
Decided on: Nov-16-2012
$~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1089/2010 SONU @ CHHOTU Through: Decided on 16th November, 2012 ..... Appellant Mr. Ajay Verma, Adv. versus THE STATE (GOVT OF NCT0 OF DELHI ..... Respondent Through: Ms. Fizani Hussain, APP AND CRL.A. 1508/2011 HORI LAL Through: ..... Appellant Mr. A.J.Bhambhani and Ms. Nisha Bhambhani, Advs. versus THE STATE (GOVT OF NCT0 OF DELHI ..... Respondent Through: Ms. Fizani Hussain, APP CORAM: HON'BLE MR. JUSTICE A.K. PATHAK % A.K.PATHAK, J.(ORAL) 1. Both the above noted appeals arise out of the same incident, FIR and judgment, thus, are being disposed of together.2. Trial court has convicted the appellants under Sections 392/394 read with Section 34 IPC. Appellant Hori Lal has been convicted under Section 397 IPC also. Appellants have been sentenced to undergo rigorous imprisonment for seven years with fine of Rs.2,000/- each and in default of payment of fine to undergo rigorous imprisonment for six months for the offence under Sec...
Dr.Gurcharan Singh Thind Vs. Central Bureau of Investigation and ors.
Court: Delhi
Decided on: Nov-16-2012
#11 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1386/2010 DR.GURCHARAN SINGH THIND ..... Petitioner Through Ms. Panchajanya B. Singh with Mr. Mahavir Singh, Advocate versus CENTRAL BUREAU OF INVESTIGATION & ORS. Through ..... Respondents Mr. P.K. Sharma, Standing Counsel for R-1/CBI. Mr. Saleem Ahmed, ASC with SI Vikas Kundu, PS Connaught Place for R-2/State. Mr. Jayant Tripathi, Advocate for R-3. Mr. Mansoor Ali, Advocate for respondent No.4-NDMC. Date of Decision:16. h November, 2012 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J.(Oral) 1. Present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. by a retired NDMC doctor, who claims to be a whistle blower. Petitioner states that he has filed the present petition to expose rampant corruption and criminal misconduct prevailing in NDMC.2. It is stated that in 2008, petitioner read newspaper reports regarding raids conducted by the Central Bureau of Investig...
Shivraj Gupta Vs. Deshraj Gupta and anr.
Court: Delhi
Decided on: Nov-16-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : November 16, 2012 + RFA(OS) 107/2012 SHIVRAJ GUPTA ..... Appellant Represented by : Mr.Vikas Dhawan, Advocate and Mr.Abhimanyu Mahajan, Advocate. versus DESHRAJ GUPTA & ANR. Represented by :None. ..... Respondents CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.CM No.19121/2012 Allowed, subject to all just exceptions. RFA(OS) 107/2012 1. Suit filed by the appellant has been held to be barred by limitation at the preliminary hearing itself.2. Late Lala Hans Raj Gupta took the A train to heaven on July 03, 1985 and was survived by his wife Ms.Angira Gupta who has since expired and four sons named Deshraj Gupta, Shivraj Gupta, Rajendra Kumar Gupta and Mahendra Kumar Gupta as also two daughters Shashi Jai Krishna and Pratibha Khandelwal. His son Deshraj Gupta propounded a will stated to have been executed by late Lala Hans Raj Gupta on May 28, 1985 and sought probate thereof ...
Paras Ram Vs. Delhi Development Authority
Court: Delhi
Decided on: Nov-16-2012
01. $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7871/2010 % Judgment dated 16.11.2012 PARAS RAM ..... Petitioner Through : Mr.A.K. Chhabra, Adv. versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through : Ms.Sangeeta Chandra, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) CM 16839/2012.1. This is an application filed by petitioner seeking restoration of the present writ petition, which was dismissed in default on 27.8.2012.2. Notice. Ms.Sangeeta Chandra, Advocate, accepts notice on behalf of respondent DDA and submits that she has no objection if the present application is allowed.3. Accordingly, for the reasons stated in the application and in view of the stand taken by counsel for the respondent, present application is allowed. Writ petition is restored to its original number and file.4. Application stands disposed of. W.P.(C) 7871/2010 5. Present writ petition has been filed by petitioner seeking a direction to the respondent to allot an LIG flat agai...
Shri Devender Gautam Vs. Smt. Usha Rani Gautam and Others
Court: Delhi
Decided on: Nov-16-2012
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: November 16, 2012 + RFA(OS) 109/2012 SHRI DEVENDER GAUTAM ..... Appellant Represented by:Mr.F.S.Chauhan, Adv. versus SMT. USHA RANI GAUTAM AND OTHERS . Respondents Represented by:Mr.Prakash Gautam, Adv. CORAM: HONBLE MR. JUSTICE PRADEEP NANDRAJOG HONBLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) CM No.19170/2012 Allowed, subject to just exceptions. RFA(OS) 109/2012 & CM No.19169/2012 1. Vide CM No.19169/2012 it is prayed that affidavit deposed to by Shri Mahavir Prasad Gautam, annexed as Annexure-2 to the appeal may be taken on record as evidence.2. We propose to decide the appeal and the application together.3. We highlight at the very inception that the suit from which the appeal arises may have an ill drafted plaint, but we cannot ignore the written statement filed.4. Three daughters born to late Gauri Shankar Gautam and his wife Sushila Devi are the plaintiffs and they sought partition of a plot of land ad...
The Oudh Sugar Mills Ltd. Vs. Cce, Lucknow
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Principal Bench New Delhi
Decided on: Nov-16-2012
Mathew John : The issue involved in this appeal is the Cenvat credit taken on plate, shapes and sections of steel used in the factory of the manufacturer. Revenue argues that these goods cannot be considered as capital goods. The assessee-appellant is contesting that the denial of Cenvat credit taken on the impugned goods and Revenue is contesting the impugned order, to the extent that the Commissioner (Appeals) held that no penalty can be imposed on the appellants. 2. The ld. Counsel for the appellant submits that the issue whether Cenvat credit can be availed on such goods was in dispute for quite some time and only a Larger Bench of the Tribunal has decided the issue in favour of Revenue in the case of Vandana Global Ltd. Vs. CCE - 2010 (253) ELT 440 (Tri.-LB). The Counsel submits that M/s Vandana Global Ltd. is challenging the order before the Chattisgarh High Court and the High Court has admitted the appeal. 3. He further submits that it has been consistently held by the Tribunal ...
Cpi India Limited Vs. Bptp Limited and ors
Court: Delhi
Decided on: Nov-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Pronounced on : November 09, 2012 + FAO(OS) 538/2012 CPI INDIA LIMITED ..... Appellant Represented by: Mr.N.K.Kaul, Sr.Advocate & Mr.Rajiv Nayar, Sr. Advocate instructed by Ms.Bindi G.Dave, Mr. Sameer Pandit, Mr. Aman Raj Gandhi, Mr.Kapil Rustagi, Mr. Karan, Ms. Naomi & Mr.Rohan Jaitley, Advocates versus BPTP LIMITED & ORS ..... Respondents Represented by: Mr.Harish Salve, Sr.Advocate & Mr.Sandeep Sethi, Sr.Advocate instructed by Mr.Rudreshwar Singh, Mr.Hardeep Sachdeva, Mr.Kamal Shankar, Mr. Kaushik Poddar, Advocates for R.1. And + FAO(OS) 507/2012 BPTP LIMITED ..... Appellant Represented by: Mr.Harish Salve, Sr.Advocate & Mr.Sandeep Sethi, Sr.Advocate instructed by Mr.Rudreshwar Singh, Mr.Hardeep Sachdeva, Mr.Kamal Shankar, Mr. Kaushik Poddar, Advocates. versus CPI INDIA LIMITED & ORS ..... Respondents Represented by: Mr.N.K.Kaul, Sr.Advocate & Mr.Rajiv Nayar, Sr. Advocate instructed by Ms.Bindi G.Dave, Mr. Sameer Pandit, Mr. Aman ...
Khosla Transport Company Vs. Devi Ram and ors.
Court: Delhi
Decided on: Nov-09-2012
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h November, 2012 + MAC. APP. 438/2007 KHOSLA TRANSPORT COMPANY ..... Appellant Through: Mr.Ashok Popli, Advocate versus DEVI RAM & ORS. Through: ..... Respondents None. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. By virtue of the instant Appeal, the Appellant Khosla Transport Company who is the owner of the offending vehicle impugns a judgment dated 18.07.2005 whereby the Motor Accident Claims Tribunal (the Claims Tribunal) while awarding a compensation of ` 5,50,000/- in favour of the legal representative of the deceased Harish Kumar ((Respondent No.3) and making the Respondent Insurance Company liable to pay compensation it granted recovery rights on the ground that there was breach of the terms and conditions of policy as the driver of the offending vehicle did not possess a valid and effective driving licence at the time of the accident.2. A perusal of the Trial Court record reveals that on 04...
Naya Bans Sarv Vyapar Association (Regd.) Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-09-2012
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h November, 2012 % + W.P.(C) No.7292/2011 NAYA BANS SARV VYAPAR ASSOCIATION (REGD.) ..... Petitioner Through: Ms. Anusuya Salwan with Mr. Vikas Sood, Mr. Kunal Kohli & Ms. Renuka Arora, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Sunil Kumar & Mr. Ranjit Singh, Advs. for R-1. Mr. N. Waziri with Ms. Neha Kapoor Khanna, Advs. for R-2 GNCTD. Mr. Madhurendra Sharma along with Mr. Rajiv Mishra and Mr. Rajiv Katian, Advs. for the applicant / Impleader/ World Lung Foundation AND + W.P.(C) No.4392/2012 NAYA BANS SARV VYAPAR ASSOCIATION (REGD.) ..... Petitioner Through: Ms. Anusuya Salwan with Mr. Vikas Sood, Mr. Kunal Kohli & Ms. Renuka Arora, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Sunil Kumar & Mr. Ranjit Singh, Advs. for R-1. Mr. Madhurendra Sharma along with Mr. Rajiv Mishra and Mr. Rajiv Katian, Advs. for the applicant / Impleader/ World Lung Foundation Mr. N. Waziri with Ms. Neha ...
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