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Delhi Court November 2013 Judgments

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Nov 22 2013

Daulat Ram Vs. State

Court: Delhi

Decided on: Nov-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: Date of Decision: % + 29th October, 2013 22nd November, 2013 CRIMINAL APPEAL No.89/2013 RANBIR @ PAPPU & ANR. ..... Appellants Through: Mr.Ajayinder Sangwan, Mr.Dushyant Yadav, Mr.Tarunesh Kumar and Mr.Pradeep Kumar, Advocates. versus STATE Through: + ..... Respondent Mr.Sanjay Lao, APP for the State. CRIMINAL APPEAL No.1430/2012 MUKESH KUMAR Through: ..... Appellant Mr.Rohit Bhardwaj, Mr.Narender Kumar & Ms.Naina, Advocates. versus STATE Through: CRL.A. Nos.89/2013, 1430/2012 & 185/2013 ..... Respondent + CRIMINAL APPEAL No.185/2013 DAULAT RAM Through: ..... Appellant Mr.Sushil Bajaj & Mr.Aditya Sharma, Advocates. versus STATE Through: ..... Respondent Mr.Sanjay Lao, APP for the State. CORAM: HON'BLE MR. JUSTICE P.K. BHASIN HON'BLE MR. JUSTICE VED PRAKASH VAISH VED PRAKASH VAISH, J:1. The present appeals have been preferred by Ranbir @ Pappu, Ravi @ Ashu, Mukesh Kumar and Daulat Ram against the judgment dated 30th August, 2012 pas...


Nov 22 2013

M/S Indian Airlines Ltd. Vs. Capt. A.V. Arora

Court: Delhi

Decided on: Nov-22-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d November, 2013 % + RFA1692005 M/S INDIAN AIRLINES LTD. ..... Appellant Through: Mr. Sanjay Gupta & Mr. Tanmaya Nirmal, Advs. Versus CAPT. A.V. ARORA Through: ....Respondent Mr. Y.P. Rao & Mr. Anil Kumar, Advs. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 The appeal impugns the judgment and decree dated 17 th November, 2004 of the Court of the Addl. District Judge of dismissal of Suit No.295/2003 filed by the appellant for recovery of Rs.12,55,668/- with interest from the respondent/defendant.2. The appeal was admitted for hearing and the Trial Court record requisitioned. The counsel for the parties have been heard.3. The appellant/plaintiff on 8th August, 2001 instituted the suit from which this appeal arises, pleading:- (a). that the respondent/defendant retired from employment of the appellant/plaintff on 29th February, 2000 as Manager (Flight Safety); (b). that while the respondent/defendant was w...


Nov 22 2013

Bam Dev Chhetri and ors. Vs. Jawaharlal Nehru University and anr.

Court: Delhi

Decided on: Nov-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) Nos.1050/2000, 1364/2000, 2735/2000 & 6231/2001 % 1. 22nd November, 2013 W.P.(C) 1050/2000 BAM DEV CHHETRI AND ORS. Through: ..... Petitioners Mr. Vinay Kumar Garg, Advocate. versus JAWAHARLAL NEHRU UNIVERSITY AND ANR. ..... Respondents Through: Ms. Sagri Dhanda, Advocate for respondent No.1. Mr. Amitesh Kumar, Advocate for respondent No.2.2. W.P.(C) 1364/2000 OM PRAKASH AND ORS. Through: ..... Petitioners Mr. Vinay Kumar Garg, Advocate. versus JAWAHARLAL NEHRU UNIVERSITY AND ANR. ..... Respondents Through: Ms. Sagri Dhanda, Advocate for respondent No.1. Mr. Amitesh Kumar, Advocate for respondent No.2.3. W.P.(C) 2735/2000 DAYA NAND TOKAS & ORS. Through: ..... Petitioners Mr. Rajeev Sharma, Advocate. versus JAWAHARLAL NEHRU UNIVERSITY AND ANR. W.P.(C) No.1050/2000&conn. ..... Respondents Page 1 of 18 Through:4. Ms. Sagri Dhanda, Advocate for respondent No.1. Mr. Amitesh Kumar, Advocate for respondent No.2. W.P.(C) 6231/2001 NEENA KAPOO...


Nov 22 2013

Indian Oil Corporation Ltd. Vs. Kailash Chand Bansal (Huf)

Court: Delhi

Decided on: Nov-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:22. 11.2013 + RFA (OS) 145/2013, Cav.1041/2013, 18422-18424/2013 INDIAN OIL CORPORATION LTD. ..... Appellant Through: Mr. Rajat Navet with Mr. P.V. Sharma, Advocates versus KAILASH CHAND BANSAL (HUF) ..... Respondent Through: Mr. Siddharth Bambha with Mr. Shyam Nandan, Mr. Sidharth Aggarwal, Advocates for Caveator/respondent. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The present appeal is against the judgment and decree of a learned Single Judge dated 09.10.2013 in IA No.9155/2013 in CS(OS) No.1360/2012, whereby an application under Order XII, Rule 6, Code of Civil Procedure (CPC) was allowed and a partial decree of ejectment/possession was made against the Indian Oil Corporation (IOC), the tenant.2. Briefly, the IOC entered into a lease deed dated 01.02.1997 with the landlord, Kailash Chand Bansal, as a representative of Hindu Undivided Family, for lea...


Nov 22 2013

Jagan Nath Gupta Memorial Educational Society Vs. Delhi Development Au ...

Court: Delhi

Decided on: Nov-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:22. d November, 2013 + W.P.(C) 1149/2013 JAGAN NATH GUPTA MEMORIAL EDUCATIONAL SOCIETY ..... Petitioner Through Mr. Amit Sibal with Mr. Ajiteshwar Singh, Mr. Amulya Dhingra & Mr. Chinmay Kumar, Advocates Versus DELHI DEVELOPMENT AUTHORITY & ANR ..... Respondent Through Mr. Ajay Verma, Advocate DDA CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Petitioner Jagan Nath Gupta Memorial Educational Society (the Society) seeks a writ of mandamus requiring the Respondent Delhi Development Authority(DDA) to refund a sum of `3,02,91,764/deposited by the Petitioner with the Respondent in pursuance of the Notification dated 23.12.2008 towards additional FAR which was then applicable upon the holders of institutional plots including hospital plots.2. The case of the Petitioner is that the Petitioner is a Society registered under the Societies Registration Act, 1860 and enjoys Income Tax exemption. By virtue of N...


Nov 22 2013

Riya Budhiraja Vs. Rajeev Budhiraja

Court: Delhi

Decided on: Nov-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: November 22, 2013 + CM(M) No.1030/2011 RIYA BUDHIRAJA Through ..... Petitioner Petitioner in person. versus RAJEEV BUDHIRAJA Through ..... Respondent None CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner-wife has filed the present petition seeking to set-aside the order dated 7th August, 2010 passed in HMA No.184/2008 whereby the application filed by the respondent-husband under Section 151 CPC for modification of the order dated 31st March, 2009 was allowed.2. In the order dated 31st March, 2009, the learned Addl. District Judge had come to the conclusion that the income of the respondent is not less than `75,000/- per month, as he himself is spending more than `60,000/- per month. The Court directed the respondent to pay `25,000/- per month to the petitioner for her maintenance, with effect from the date of filing of the application, i.e. 15th May, 2008. He was also directed to pay her `11,00...


Nov 22 2013

Commissioner of Income Tax Vs. Virendara Kumar Gupta

Court: Delhi

Decided on: Nov-22-2013

$~25&26 * + IN THE HIGH COURT OF DELHI AT NEW DELHI INCOME TAX APPEAL No.563/2013 Date of decision:22. d November, 2013 COMMISSIONER OF INCOME TAX ..... Appellant Through Ms. Suruchi Aggarwal, Sr. Standing Counsel. Versus VIRENDARA KUMAR GUPTA ..... Respondent Through Nemo. INCOME TAX APPEAL No.564/2013 COMMISSIONER OF INCOME TAX ..... Appellant Through Ms. Suruchi Aggarwal, Sr. Standing Counsel. Versus SHARAD JAIN ..... Respondent Through Nemo. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): We feel that the order of the tribunal is just and fair. Rs.20 cores was surrendered as undisclosed income at the time of search and it was agreed that the tax liability should be paid as set out in the statement recorded under Section 132(4) of the Income Tax Act, 1961 (Act, for short) of Virendara Kumar Gupta. The said statement has been reproduced in the impugned order passed by the tribunal. Subsequently, affidavit of Sarad Jain was filed ...


Nov 21 2013

Cross Land Marketing (2000) Pte. Ltd. Vs. the Food Corporation of Indi ...

Court: Delhi

Decided on: Nov-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. 11.2013 Date of Decision:21. 11.2013 % + WP(C) No.8698 of 2011 G.K. GRANITES Through: ..... Petitioner Mr. P. Sureshan, Adv. Versus TATA HITACHI CONSTRUCTION MACHINERY COMPANY LIMITED & ORS. ..... Respondents Through: Mr. Dileep Poolakkot, Adv. + WP(C) No.8713 of 2011 G.K. GRANITES Through: ..... Petitioner Mr. P. Sureshan, Adv. Versus TATA HITACHI CONSTRUCTION MACHINERY COMPANY LIMITED & ORS. ..... Respondents Through: Mr. Dileep Poolakkot, Adv. + WP(C) No.8714 of 2011 VICNIVAAS AGENCY Through: ..... Petitioner Mr. P. Sureshan, Adv. Versus MMTC LIMITED Through: ..... Respondent Mr. Manish Sharma, Adv. + WP(C) No.8715 of 2011 G.K. GRANITES Through: ..... Petitioner Mr. P. Sureshan, Adv. Versus TATA HITACHI CONSTRUCTION MACHINERY COMPANY LIMITED & ORS. ..... Respondents Through: Mr. Dileep Poolakkot, Adv. + WP(C) No.8716 of 2011 G.K. GRANITES Through: ..... Petitioner Mr. P. Sureshan, Adv. Versus TATA HITACHI CONSTRUCTION MACHINE...


Nov 21 2013

Navee @ Naveen Dogra and Other Vs. Cbse

Court: Delhi

Decided on: Nov-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:21. 11.2013 + WP(C) No.24753-54/2005 NAVEE @ NAVEEN DOGRA & OTHER ..... Petitioner Through: None. versus CBSE ..... Respondent Through: Mr Atul Kumar, Adv. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) Petitioner No.1 appeared in Delhi Senior Secondary Examination conducted by CBSE in the year 2000 and Delhi Senior School Certificate Examination held by the said Board in the year 2002. In the certificates issued to him by CBSE, the name of petitioner No.1 was recorded as Naveen Dogroa, son of Matwar Dogra. The petitioners gave public notice in newspapers on 30.09.2005, changing the name of petitioner No.1 from Naveen Dogra to Naveen and the name of petitioner No.2 from Matwar Dogra to Matwar Singh. A declaration in the Gazette of India, Part-IV (Advertisements and Notices issued by Private Individuals and Private Bodies) dated October 29-Novemebr 4, 2005, was also published to the aforesaid effect. Vide lett...


Nov 21 2013

Gajinder Pal Singh Vs. Mehtab Singh and ors.

Court: Delhi

Decided on: Nov-21-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + RESERVED ON:08. 10.2013 PRONOUNCED ON:21. 11.2013 RFA(OS) 94/2012, C.M. APPL. 17946/2012 GAJINDER PAL SINGH ..... Appellant Through : Ms. Mala Goel, Advocate. versus MEHTAB SINGH & ORS. ..... Respondents Through : Sh. P.R. Chopra, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT1 This is an unsuccessful plaintiffs appeal directed against the dismissal of his partition suit by a judgment and decree - of 9th July, 2012 of a learned single judge of this Court in CS (OS) 374/1993. The suit had sought partition of two immovable properties, viz., B-13, Nizamuddin East (a 200 sq. yard plot with a two storeyed super-structure) and B- 22, East of Kailash, New Delhi (a 211 sq. yards plot along with two and a half storeyed super-structure). The said properties are hereafter collectively referred to as suit properties and individually, as Nizamuddin plot and East of Kailash plot.2. Pr...


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