Delhi Court November 2012 Judgments
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Rakesh Sharma Vs. State (Nct of Delhi) and anr.
Court: Delhi
Decided on: Nov-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Crl. M.C. N0. 753/2011 Date of Decision:9. h November, 2012 + # ! RAKESH SHARMA ....Petitioner Through: Mr. Arun Mahajan, Advocate Versus $ * STATE(NCT OF DELHI) & ANR. ...Respondents Through: Mr. M.N. Dudeja, APP for R-1 None for R-2(complainant) CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: The petitioner-accused feeling aggrieved by the order dated 7th December,2010 of the learned Metropolitan Magistrate whereby the petitioners application for returning the criminal complaint filed against him by the respondent no.2 herein under Section 138 of the Negotiable Instruments Act, 1881(the Act of 1881 in short) because of lack of territorial jurisdiction to entertain the same was dismissed filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of that complaint.2. The brief facts of the case are that the learned Magistrate after taking cognizance of the offence under Section 138 of the Act of 1881...
Spice Jet Ltd. and ors. Vs. Malan Pur Steel Ltd. and anr.
Court: Delhi
Decided on: Nov-09-2012
* + IN THE HIGH COURT OF DELHI AT NEW DELHI Company Appeal Nos. 1 and 2/2011 Reserved on :18. h September, 2012 Date of Decision:9. h November, 2012 % Spice Jet Ltd. & Ors. Through ....Appellants Mr. Atul Sharma, Mr. Milanka Chaudhary and Ms. Neeru Mehta, Advocates. Versus Malan Pur Steel Ltd. & Anr. Respondents Through Mr. Jayant Bhushan, Sr. Advocate with Mr. Ajay Bhargav, Mr. Diwakar Maheshwari And Mr. Vinam Gupta, Advocates. Mr. Rishi Agarwala, Mr. Ankit Shah and Ms. Misha Rohtagi Advocates for Applicant. + Company Appeal No. 28/2010 Malan Pur Steel Ltd. & Anr. ....Appellants Through Mr. Jayant Bhushan, Sr. Advocate with Mr. Ajay Bhargav, Mr. Diwakar Maheshwari and Mr. Vinam Gupta, Advocates. Versus Spice Jet Ltd. Through Respondent Mr. Atul Sharma, Mr. Milanka Chaudhary and Ms. Neeru Mehta, Advocates. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.P. GARG SANJIV KHANNA, J.These are two cross appeals. Spice Jet Limited (Spice Jet for short), Paradise Credit Private L...
Bharat Lal Vs. the General Manager, Northern Railway and Others
Court: Delhi
Decided on: Nov-09-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 408/2011 BHARAT LAL Through: ..... Petitioner Mr. Sanjay Bansal, Advocate. versus THE GENERAL MANAGER, NORTHERN RAILWAY & OTHERS ..... Respondents Through: Mr. Jagjit Singh, Advocate. % Date of Decision : November 09, 2012 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL JUDGMENT : REVA KHETRAPAL, J.1. This is a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 filed by the petitioner seeking appointment of an arbitrator in terms of Clause 64 of the Agreement entered into between the parties.2. The facts relevant for the decision of the present petition are as follows. The work for construction of Staff Quarters 20 Units TypeIII (G+3), 6 Units Type-IV (G+1), 4 Units Type-IV Special (G+1), 1 Unit Type-V, Duplex and other allied works for RPSF at Daya Basti, Delhi was awarded to the petitioner W/13/66/PTNR/WA/TCR dated 30.01.2004. vide letter No.74- An Agreement was entered into between the parties bearing Agreement No...
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 ...
S K Pathrella Vs. C.B.i.
Court: Delhi
Decided on: Nov-08-2012
#29 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1591/2012 S K PATHRELLA Through ..... Petitioner Mr. Anurag Ahluwalia with Mr. Rahul Dhankar, Advocates versus C.B.I. Through ..... Respondent Mr. Manoj Ohri, Spl. PP for CBI. Date of Decision:08. h November, 2012 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J.(Oral) CRL.M.A. 18662/2012 Allowed, subject to just exceptions. W.P.(CRL) 1591/2012 1. Present writ petition has been filed under Articles 226/227 of the Constitution of India read with Section 482 Cr.P.C. challenging the order framing charge dated 21st July, 2012 passed by Special Judge (CBI)-09, Central District, Tis Hazari Courts, Delhi under Sections 120B read with Sections 420/467/468/471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 as well as proceedings emanating therefrom.2. Mr. Anurag Ahluwalia, learned counsel for the petitioner submits that the trial court has erred in framing charges against the petit...
Mangru Ram Vs. the State (Nct of Delhi)
Court: Delhi
Decided on: Nov-08-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :16. H OCTOBER, 2012 DECIDED ON :8. H NOVEMBER, 2012 + CRL.A.186/2011 MANGRU RAM Through : ....Appellant Mr.A.J.Bhambhani, Amicus Curiae. versus THE STATE (NCT OF DELHI) Through : Mr.Sanjay Lao, APP. .Respondent CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Mangru Ram impugns the judgment dated 23.08.2010 and Order on sentence dated 13.09.2010 of learned Additional Sessions Judge in Sessions Case No.138/2005 by which he was convicted for committing murder under Section 302 IPC and sentenced to undergo imprisonment for life with fine of `2,000/-. The prosecution case as unfolded during trial is as under:2. Ram Prasad and Dozai (since deceased) lived in a hut in the rear portion of Shashi Bushan Farm, Village-Asola (near Fatehpur Beri Bhand). They were gardeners by profession. They, PW-4 (Puran Masi), PW-9 (Uma Kant) and PW-11 (Harish Chander) used to grow rose plants in their respective portions...
Commissioner of Service Tax Vs. M/S. Hero Honda Motors Ltd.
Court: Delhi
Decided on: Nov-08-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :08. 11.2012 + CEAC 1 2009 CEAC 40 2011 COMMISSIONER OF SERVICE TAX ..... Petitioner Through: Sh. V.C. Jha, Advocate. Versus M/S. HERO HONDA MOTORS LTD. ..... Respondent Through: Sh. P.K. Ram, Advocate. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % 1. In these appeals, the question which arises for consideration is whether the Tribunal fell into error in holding that in terms of Section 68(2) of the Finance Act, 1994, the respondent/assessee was entitled to claim that it had paid or adjusted service tax dues on the basis of CENVAT credit instead of cash. CEAC-1/09 & CEAC 40 11 Pag2. The brief facts are that the assessee i.e. respondent in this case was issued a show cause notice on 30.1.2006 proposing recovery of dues (including interest) and penal action in terms of Finance Act, 1994. The Revenue took action on the basis that the assessee had wrongly claimed to have paid servi...
Ranbir Singh Gugneja Vs. M/S.Continental Engines Ltd. and ors.
Court: Delhi
Decided on: Nov-08-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : November 08, 2012 + RFA(OS) 94/2011 RANBIR SINGH GUGNEJA .....Appellant Represented by: Mr.Jasbir Singh, Advocate. versus M/S.CONTINENTAL ENGINES LTD. & ORS. .....Respondents Represented by: Mr.Sanjiv Bahl, Advocate and Mr.Eklavya Bahl, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) 1. Learned counsel for the parties agree that we need to decide whether the impugned decision dated December 24, 2010 has correctly decided that the correspondence between the parties exchanged through emails evidences a full and final settlement of appellants claim in sum of `27,79,739/- and since save and except a sum of `5,14,585/- from said sum remained payable the suit filed by the appellant has been correctly decreed in sum of `5,14,155/-.2. It is not in dispute that vide Ex.P-1 dated September 01, 2000, the appellant was appointed as a CEO of four group companies (the ...
Star India Pvt. Ltd. Vs. Piyush Agarwal and ors.
Court: Delhi
Decided on: Nov-08-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.2722/2012& Conn. 8th November, 2012 % 1. CS(OS) 2722/2012 STAR INDIA PVT. LTD. Through: ...Petitioner Mr. Gopal Subramaniam, Sr. Advocate, Mr. Maninder Singh, Sr. Advocate with Mr. Saikrishna Rajagopal, Mr. Sidharth Chopra and Mr. Yakshay, Advocates. VERSUS PIYUSH AGARWAL & ORS. Through:2. ...... Defendants Mr. Sudhir Chandra, Sr. Advocate with Ms. Gayatri Roy, Mr. Himanshu Bagai and Mr. Udit Sood, Advocates for D-1 and D-2. Abhinav Vasisht, Sr. Adv. with Ms. Radha Rangaswamy, Mr. Amit Sibal, Mr. Raman Kumar, Advocates for D-3. CS(OS) 3232/2012 STAR INDIA PVT. LTD. Through: ...Petitioner Mr. Gopal Subramaniam, Sr. Advocate, Mr. Maninder Singh, Sr. Advocate with Mr. Saikrishna Rajagopal, Mr. Sidharth Chopra and Mr. Yakshay, Advocates. VERSUS IDEA CELLULAR LTD.& ANR. CS(OS) No.2722/2012 & conn. matters Through: Mr. Rajiv Nayar, Sr. Adv. with Ms. Sonali Jaitley, Ms. Subha Chauhan and Ms. Parul Yadav, Advocates for D-1. Mr. Mukul Rohtag...
Commissioner of Service Tax Vs. M/S. Hero Honda Motors Ltd.
Court: Delhi
Decided on: Nov-08-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :08. 11.2012 + CEAC 1 2009 CEAC 40 2011 COMMISSIONER OF SERVICE TAX ..... Petitioner Through: Sh. V.C. Jha, Advocate. Versus M/S. HERO HONDA MOTORS LTD. ..... Respondent Through: Sh. P.K. Ram, Advocate. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % 1. In these appeals, the question which arises for consideration is whether the Tribunal fell into error in holding that in terms of Section 68(2) of the Finance Act, 1994, the respondent/assessee was entitled to claim that it had paid or adjusted service tax dues on the basis of CENVAT credit instead of cash. CEAC-1/09 & CEAC 40 11 Pag2. The brief facts are that the assessee i.e. respondent in this case was issued a show cause notice on 30.1.2006 proposing recovery of dues (including interest) and penal action in terms of Finance Act, 1994. The Revenue took action on the basis that the assessee had wrongly claimed to have paid servi...
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