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Delhi Court November 2012 Judgments

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Nov 02 2012

M/S Beetal Plantation Pvt Ltd. Vs. M/S Hotel Queen Road Pvt. Ltd

Court: Delhi

Decided on: Nov-02-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:2. d November, 2012 + CO.APP.No.88/2012 M/S BEETAL PLANTATION PVT LTD. Through: ..... Petitioner Mr. Rajesh Aggarwal and Dr. B.K. Dash, Advocates. Versus M/S HOTEL QUEEN ROAD PVT. LTD Through: ..... Respondents None. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This appeal under Section 483 of the Companies Act, 1956 impugns the order dated 5th September, 2012 of the learned Company Judge of this Court dismissing in limine and with costs of Rs.25,000/- Company Petition No.414/2012 filed by the appellant for winding up of the respondent Company. The learned Company Judge has held the amount in which the appellant was claiming the respondent Company to be indebted to the appellant, to be barred by time.2. The winding up petition was filed averring that the appellant had given a corporate loan of Rs.1,90,00,000/- to the respondent Company through eight cheques, between 3rd Sept...


Nov 02 2012

S.S. Khera Vs. Punjab National Bank and ors.

Court: Delhi

Decided on: Nov-02-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d November, 2012 % + LPA No.678/2012 S.S. KHERA Through: ..... Appellant Mr. D.K. Rustagi with Mr. Arpit Bhargava & Mr. Gaurav Arora, Adv. Versus PUNJAB NATIONAL BANK & ORS. ..... Respondents Through: Mr. Y.P. Chandana, Adv. For PNB. Mr. Amrit Pal Singh, CGSC for R-3. AND + LPA No.681/2012 S.S. KHERA Through: ..... Appellant Mr. D.K. Rustagi with Mr. Arpit Bhargava & Mr. Gaurav Arora, Adv. Versus PUNJAB NATIONAL BANK & ORS. ..... Respondents Through: Mr. Y.P. Chandana, Adv. For PNB. Mr. Amrit Pal Singh, CGSC for R-3. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.These intra-court appeals impugn the common judgment dated 30 th July, 2012 of the learned Single Judge dismissing W.P.(C) No.2922/2010 & W.P.(C) No.2925/2010 preferred by the appellant, along with seven other writ petitions preferred by others. All the said writ petitions were filed impugning the common order dated 26th...


Nov 02 2012

Sh. Sukhai Thakur Vs. Union of India and ors.

Court: Delhi

Decided on: Nov-02-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d November, 2012 % + LPA No.372/2012 SH. SUKHAI THAKUR Through: ..... Appellant Mr. I.C. Mishra & Ms. Swati Chakraborty, Advs. Versus UNION OF INDIA & ORS. Through: ..... Respondents Mr. Neeraj Chaudhari & Mr. Ravjyot Singh, Advs. for UOI. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the judgment dated 11.04.2012 of the learned Single Judge dismissing the W.P.(C) No.2022/2012 preferred by the appellant. The said writ petition was filed seeking a direction for grant of Swatantrata Sainik Samman Pension (SSS Pension) to the appellant by quashing the rejection letter dated 14.12.2007 of the respondent No.1 UOI.2. It is the case of the appellant that he had participated in The Quit India Movement, 1942; that he and his colleagues Mr. Rama Nand Das and others had captured the Railway Station, Post Office and Police Station and disconnected the communi...


Nov 02 2012

National Insurance Company Ltd. Vs. Sh. Raj Prakash and ors

Court: Delhi

Decided on: Nov-02-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d November, 2012 + MAC APP.492/2008 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Ms. Mannusha Wadhwa, Adv. with Ms. Arpan Wadhawan, Adv. Versus + SH. RAJ PRAKASH & ORS. .....Respondents Through: Mr. Navneet Goyal, Adv. with Ms. Suman N. Rawat, Adv. for R-1 & R-2. MAC APP.516/2012 SH. RAJ PRAKASH & ANR. ..... Appellants Through: Mr. Navneet Goyal, Adv. with Ms. Suman N. Rawat, Adv. for R-1 & R-2. Versus NATIONAL INSURANCE COMPANY LTD & ORS. .....Respondents Through: Ms. Mannusha Wadhwa, Adv. with Ms. Arpan Wadhawan, Adv.for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. These two Cross Appeals arise out of a judgment dated 07.07.2008 whereby compensation of `1,80,000/- was awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the Respondents No.1 and 2 for the death of their minor daughter Jagriti, aged about eight years in a motor vehicle accident which oc...


Nov 02 2012

Honey Sharma Vs. State Govt. of Nct of Delhi

Court: Delhi

Decided on: Nov-02-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 677/2012 HONEY SHARMA Through: ..... Petitioner Mr. Majeed Memon, Senior Advocate with Mr. Zafar Sadique, Mr. Rajneesh Chuni, Advocates. versus STATE GOVT. OF NCT OF DELHI Through: ..... Respondent Mr. Manoj Ohri, APP for State with Addl. DCP L.M. Rao and Insp. A.K. Singh, Special Cell, Delhi. Reserved on :8. h October, 2012 Date of Decision:02. d November, 2012 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J :1. Present petition has been filed under Section 439 Cr.P.C. seeking bail in FIR No. 71/2009 registered with Police Station Special Cell under Section 3 of The Maharashtra Control of Organized Crime Act, 1999 (for short 'MCOCA') as well as Sections 420/468/471/120B IPC and Section 12 of The Passports Act, 1967.2. Mr. Majeed Memon, learned senior counsel for petitioner stated that though the petitioner was initially named in eleven cases, as of today she is involved in only four FIRs, namely :(i) FIR No. 132/200...


Nov 02 2012

Naveen Kumar Jha Vs. Union of India and ors

Court: Delhi

Decided on: Nov-02-2012

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: November 02, 2012 + W.P.(C) 3827/2012 NAVEEN KUMAR JHA ..... Petitioner Represented by: Mr.Ankur Chhibber, Advocate. versus UNION OF INDIA AND ORS ..... Respondent Represented by: Mr.Himanshu Bajaj, Advocate. CORAM: HONBLE MR. JUSTICE PRADEEP NANDRAJOG HONBLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) 1. The writ petition was listed for preliminary hearing on July 03, 2012 when counsel appeared for the respondents on advance copy being served and accepted show-cause notice and simultaneously obtained 6 weeks time to file reply to the show-cause notice. On the next date i.e. September 03, 2012, further time was granted to file a counter affidavit and the matter was listed for October 01, 2012. On said date further time was granted to file a counter affidavit and matter was listed for today. Counter affidavit has not been filed till dated. Right to file counter affidavit is closed.2. Even otherwise, a purely le...


Nov 02 2012

N.C.Bakshi Vs. Delhi and District Cricket Association and ors.

Court: Delhi

Decided on: Nov-02-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:02.11.2012 CO.A(SB) 84/2012 N.C BAKSHI ..... Appellant Through: Mr.Tanuj Khurana and Mr.Issan Madan, Advocates. versus DELHI & DISTRICT CRICKET ASSOCIATION & ORS Through: ..... Respondent Mr.J.S.Bakshi and Mr. Amitesh Bakshi, Advocate. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. This appeal is directed against the judgment of the Company Law Board (CLB) dated 28.9.2012 wherein the application filed by the applicant company (M/s Delhi and District Cricket Association- DDCA) seeking a composition of an offence committed by them under Section 621A of the Companies Act had been allowed; penalty/compounding fee of Rs.1,00,000/- has been imposed upon the company and Rs.50,000/- on each member of the Governing Council.2. This order is the subject matter of the present petition.3. At the outset, this Court notes that this is an appeal under Section 10F of the Companies Act which clearly stipulates that ...


Nov 02 2012

Mohd. Hamid Khan Vs. the State (Nct) of Delhi

Court: Delhi

Decided on: Nov-02-2012

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRIMINAL REVISION PETITION NO.611 OF 201.Decided on :2. d November, 2012 MOHD. HAMID KHAN Through: Petitioner Mr. V.K. Vats, Advocate. Versus THE STATE (NCT) OF DELHI . Respondent Through: Mr. Sunil Sharma, APP for the State with SI Birender Singh, P.S. Patel Nagar. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) Crl. M.A. No.18354/2012 (for exemption) Exemption allowed, subject to the deficiency being rectified. The application stands disposed of. Crl. Rev. P. No.611/2012 & Crl. M.B. No.1940/2012 1. This is a criminal revision petition filed under Section 397/401 Cr.P.C. read with section 482 Cr.P.C. against the order dated 3.10.2012 passed by Ms. Kaveri Baweja, Additional Sessions Judge dismissing the appeal of the petitioner in case FIR No.726/1997, under Sections 279/337/304-A IPC, registered at Police Station Patel Nagar.2. Briefly stated the facts of the case are that the petitioner was sent for trial for the aforesaid offence...


Nov 02 2012

Akanbi Olamilekan Mohemmad Vs. the State

Court: Delhi

Decided on: Nov-02-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL.M.C. 3001/2012 Date of Decision:2. d November, 2012 + # ! AKANBI OLAMILEKAN MOHEMMAD ....Petitioner Through: Mr. Yogesh Saxena, Advocate Versus $ * THE STATE .Respondent Through: Mr. M.N. Dudeja, APP for the State CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: The petitioner accused has filed this petition seeking modification in the order dated 11th May, 2012 passed by the learned Special Judge, NDPS, whereby the petitioner was granted bail on certain conditions one of which was that he would furnish a surety bond for a sum of ` 50,000/-. The petitioner being a foreigner has not been able to get any surety and so he has made a prayer in this petition that he should be permitted to deposit in Court the surety amount in cash instead of insisting upon his arranging a surety which he is unable to arrange. Learned counsel for the petitioner had submitted that he had no objection if the surety amount is increased to one lac. In sup...


Nov 02 2012

Smt. Shimlesh Devi and ors. Vs. Sh. Sukhbir Singh and ors.

Court: Delhi

Decided on: Nov-02-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:2. d November, 2012 + MAC APP.868/2012 SMT. SHIMLESH DEVI & ORS. ..... Appellants Through: Mr. O.P. Mannie, Adv. Versus SH. SUKHBIR SINGH & ORS. .....Respondents Through: Ms. Shantha Devi Raman, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for enhancement of compensation of `6,18,503/- awarded in favour of the Appellant for the death of Samunder Pal who died in a motor vehicle accident which occurred on 29.01.2008.2. During inquiry before the Claims Tribunal it was proved that the deceased was working as a Conductor on contract basis with the Delhi Transport Corporation (DTC) and was getting a salary of `4895/- per month. The Claims Tribunal found that there were five dependents, therefore, it proceeded to deduct one-fourth of the deceaseds income towards his personal and living expenses and applied the multiplier of 13, as the deceased was aged 46 years, to compute the lo...


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