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Delhi Court January 2013 Judgments

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Jan 29 2013

Yogendra Singh and anr Vs. Union of India Represented By: the General

Court: Delhi

Decided on: Jan-29-2013

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: January 29, 2013 + W.P.(C) 4519/2012 YOGENDRA SINGH AND ANR ..... Petitioners Represented by: Mr.Pankaj Sinha, Advocate versus UNION OF INDIA REPRESENTED BY: THE GENERAL MANAGER NORTHERN RAILWAY AND ORS.... Respondents Represented by: Kumar Rajesh Singh, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(ORAL) 1. Heard learned counsel for the parties.2. On January 02, 2004 the Railway Board issued a policy decision No.04/2004 on the subject Safety Related Retirement Scheme for Drivers and Gangmen. The scheme noted that the nature of work performed by Drivers and Gangmen causes extreme stress on their eyesight resulting in faster deterioration of the eyesight as compared to those performing normal jobs while serving in the Railways.3. The Scheme in question notifies Voluntary Retirement and enlists the conditions pertaining thereto; and suffice would it be for us t...


Jan 29 2013

D.T.C. Vs. Ram Karan

Court: Delhi

Decided on: Jan-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 12956/2005 Reserved on:26. h November, 2012 Decided on:29. h January, 2013 % D.T.C. Through: ..... Petitioner Ms. Arati Mahajan Shedha, Advocate. Through: ..... Respondent Ms. K.B. Hina, Advocate. versus RAM KARAN CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioner challenges the orders dated 18th March, 2004 whereby the enquiry conducted by the Petitioner was held to be not in accordance with the principles of natural justice and 13th April, 2005 whereby the application of the Petitioner under Section 33 (2) (b) of the Industrial Disputes Act, 1947 (in short the ID Act) was rejected and the Respondent was directed to be reinstated with all consequential benefits to the extent of 50% taking into consideration the time that has elapsed and there was no evidence led by the workman that he remained unemployed throughout the proceedings.2. Learned counsel for the Petitioner at the outset does not challenge the ...


Jan 29 2013

Zulfikar Ali Vs. State

Court: Delhi

Decided on: Jan-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 472/2012 Date of decision :29. h January, 2013 % ZULFIKAR ALI ..... Appellant Through : Mr. Bhupesh Narula, Adv. versus STATE Through : ..... Respondent Ms. Ritu Gauba, APP. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.(Oral) For detailed order, see Death Sentence Reference No.2/2012. GITA MITTAL, J J.R. MIDHA, J JANUARY 29 2013 aj...


Jan 29 2013

MubIn Fatima Vs. State

Court: Delhi

Decided on: Jan-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 473/2012 Date of decision :29. h January, 2013 % MUBIN FATIMA Through ..... Appellant Mr. Ajay Verma with Mr. M.L. Yadav, Ms. Ananya Mitra and Mr. Gaurav Bhattacharya, Advs. versus STATE Through : ..... Respondent Ms. Ritu Gauba, APP. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.(Oral) For detailed order, see Death Sentence Reference No.2/2012. GITA MITTAL, J J.R. MIDHA, J JANUARY 29 2013 aj...


Jan 29 2013

Gulbeg Ali Vs. State

Court: Delhi

Decided on: Jan-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 474/2012 Date of decision :29. h January, 2013 % GULBEG ALI Through : ..... Appellant Mr. Sumeet Verma, Adv. versus STATE Through : ..... Respondent Ms. Ritu Gauba, APP. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J.(Oral) For detailed order, see Death Sentence Reference No.2/2012. GITA MITTAL, J J.R. MIDHA, J JANUARY 29 2013 aj...


Jan 29 2013

international Amusement Ltd. Vs. Assistant Collector and anr.

Court: Delhi

Decided on: Jan-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI\ % RESERVED ON:29. 11.2012 PRONOUNCED ON:29. 01.2013 + W.P.(C) 1394/1991 INTERNATIONAL AMUSEMENT LTD. ..... Petitioner Through : Mr. Parag Tripathi, Sr. Advocate with Mr. Manish Sharma and Sh. Rohan Sharma, Advocates. versus ASSISTANT COLLECTOR & ANR. ..... Respondents Through : Ms. Avnish Ahlawat with Ms. Latika Chaudhry, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT For detailed judgment, the decision dated 29.01.2013 in W.P.(C) 1259/1991 may be referred to. S. RAVINDRA BHAT (JUDGE) R.V.EASWAR (JUDGE) JANUARY 29 2013 WP (C) 1259/91 & 1394/91 Page 1...


Jan 29 2013

Khanna and Annadhanam Vs. Commissioner of Income Tax

Court: Delhi

Decided on: Jan-29-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:29. 01.2013 ITA No.1286/2008 KHANNA AND ANNADHANAM .......Appellant versus COMMISSIONER OF INCOME TAX .......Respondent Advocates who appeared in this case: For the Appellant For the Respondent : Mr Ajay Vohra, Ms Kavita Jha and Mr Somnath Shukla, Advocates. : Mr Sanjeev Sabharwal, Sr. Standing Counsel with Mr Puneet Gupta, Jr Standing Counsel. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT R.V.EASWAR, J 1.This is an appeal filed by the assessee under section 260A of the Income Tax Act, 1961. On 08.09.2010, the appeal was admitted and the following substantial question of law was framed for decision: Whether the amount of `1,15,70,000/- received by the appellant from DTTI in terms of release agreement with DTTI is capital receipt or revenue receipt? 2. The assessee is a firm of chartered accountants. From the year 1983, under an informal understanding it was getting referred work from M/s G...


Jan 29 2013

Manju Dutta Vs. the State and ors.

Court: Delhi

Decided on: Jan-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL. REV. P. NO. 120/2009 Date of Decision:29. h January, 2013 + # ! MANJU DUTTA ....Petitioner Through: Mr. Abhay Kumar & Mr. U.P. Singh, Advocates Versus $ * THE STATE & ORS. Respondents Through: Mr. M.N. Dudeja, APP for the State Mr. Jinendra Jain & Mr. D.N. Gaur, Advocates for R-2 to R-4 CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: This revision petition has been filed by the petitioner under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973(Cr.P.C.) against the order dated 28th March, 2008 passed by the Court of Metropolitan Magistrate whereby it had ordered return of the charge-sheet in respect of the case registered against respondents no. 24 herein as also against petitioners husband vide FIR No. 611/2000 under Sections 498-A/406/34 IPC to the police so that the same could be presented to the appropriate Court after coming to the conclusion that the Courts in Delhi had no territorial jurisdiction ...


Jan 29 2013

Noor Alam Vs. the State (Govt. of Nct) Delhi

Court: Delhi

Decided on: Jan-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :14. h January, 2013 DECIDED ON :29. h January, 2013 + CRL.A.No.1232/2010 NOOR ALAM ..... Appellant Through : Mr.Ajay Verma, Advocate with Mr.Gaurav Bhattacharya and Mr.Shiv Kumar Dwedi, Advocates. Versus THE STATE (GOVT. OF NCT) DELHI ..... Respondent Through : Mr.M.N.Dudeja, APP for the State. CORAM: MR. JUSTICE SANJIV KHANNA MR. JUSTICE S.P.GARG S.P.GARG, J.1. The appellant-Noor Alam has preferred the present appeal against the judgment dated 28.04.2010 and order on sentence dated 30.04.2010 of the Additional Sessions Judge in FIR 326/2004, Police Station Timar Pur (Sessions Case No.1/2002) by which he was convicted for committing offence punishable under Section 307/34 IPC and sentenced to undergo imprisonment for ten years with fine of `20,000/and failing to pay fine to undergo Simple Imprisonment for six months.2. Allegations against the appellant were that on 01.07.2005 at about 10:45 P.M. at Pusta, near Ganda Nala, Gandhi Vi...


Jan 29 2013

Custom Vs. Jorawar Singh Mundy

Court: Delhi

Decided on: Jan-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 14/2013 Reserved on:17. h January, 2013 Decided on:29. h January, 2013 % CUSTOM Through: ..... Appellant Mr. P.C. Aggarwal, Advocate. versus JORAWAR SINGH MUNDY Through: ..... Respondent Mr. Sanjay Kumar and Mr. Krishan Kumar, Advocates. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 The present appeal is directed against the judgment of the learned Trial Court dated 30th April, 2011 whereby the Respondent was acquitted of the charges under Sections 21 (c) and 23 read with Sections 28 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (in short the NDPS Act).2. After hearing the parties, leave to appeal was granted by this Court on 4th January, 2013 and the appeal was set for hearing for today as the Respondent is a resident of USA.3. Learned counsel for the Appellant submits that the learned Trial Court acquitted the Respondent on three counts, that is, non-compliance of Section 50 of the NDPS Act, possession of alleged con...


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