Delhi Court November 2013 Judgments
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Delhi Development Authority Vs. Smt Charanjit
Court: Delhi
Decided on: Nov-12-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:12. 11.2013 + LPA NO.847 OF2013DELHI DEVELOPMENT AUTHORITY ..... Appellant Through: Ms.Shobhna Takiar, Advocate versus SMT CHARANJIT Through: Nemo ..... Respondent CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S.RAVINDRA BHAT (Open Court) 1. This is an appeal filed by the Delhi Development Authority (DDA). The present appellant is aggrieved by the impugned order and judgment dated 9th April, 2013 delivered by the learned Single Judge allowing the respondents writ petition.2. The impugned judgment directed the DDA to allot a fresh demandcum-allotment letter in respect to a flat bearing No.144 (Third Floor), Category II, Madipur, in view of another plot which had been allotted to her, which the Court found to be in uninhabitable condition.3. The respondent herein had applied for allotment of a MIG flat with the DDA Housing Scheme, 2008 by depositing the registration deposit; she was is...
All India Management Association Vs. Dg of Income Tax (E) and ors.
Court: Delhi
Decided on: Nov-12-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h November, 2013 + W.P.(C) 10881/2009 ALL INDIA MANAGEMENT ASSOCIATION ..... Petitioner Through Mr. Ajay Vohra, Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates. versus DG OF INCOME TAX (E) & ORS. ..... Respondent Through Mr. Rohit Madan, Sr. Standing Counsel with Mr. Ruchir Bhatia, Advocate. + W.P.(C) 1735/2012 ALL INDIA MANAGEMENT ASSOCIATION & ANR .... Petitioner Through Mr. Ajay Vohra, Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates. versus DIRECTOR GENERAL OF INCOME TAX(E) & ORS ..... Respondent Through Mr. Rohit Madan, Sr. Standing Counsel with Mr. Ruchir Bhatia, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL) This common judgment will dispose of the aforesaid two connected writ petitions filed by All India Management Association impugning order dated 29th July, 2009 relating to assessment years 2005-06 to 2007-08 and order dated 28th February, 20...
Housing Development Finance Corporation Ltd. Vs. Pradeep B. Bhatnagar ...
Court: Delhi
Decided on: Nov-12-2013
* THE HIGH COURT OF DELHI AT NEW DELHI + CS (OS) 3331/2012 Date of Decision:12. 11.2013 HOUSING DEVELOPMENT FINANCE CORPORATION LTD. PLAINTIFF Through: Mr. Neeraj Kumar, Advocate. Versus PRADEEP B. BHATNAGAR & ANR. Through: DEFENDANT None. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. The matter is placed before the court by the learned Joint Registrar recording that no-one has been appearing for the defendants No.1 and 2 despite their having been served of the summons in the prescribed form under Order 37 CPC on 09.05.2013 and 07.05.2013 respectively. It is also recorded that not only that no-one has been appearing on behalf of defendants No.1 and 2, but, even the appearance i.e. mandatorily required to be filed as per the provisions contained in Order 37 Rule 2 (3) CPC, is not filed. CS (OS) 3331/2012 As per the Page 1 of 5 provisions contained in Rule 2 Sub-Rule 3 of Order 37 CPC, the allegations contained in the plaint are to be deemed to be admitted on the part of...
M/S. Rathi Udyog Limited Vs. M/S Aar Ess and Co. and Others
Court: Delhi
Decided on: Nov-12-2013
$~R-35. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 191/2005 % Judgment dated 12.11.2013 M/S. RATHI UDYOG LIMITED Through : ..... Appellant Mr.Shiv Khorana, Adv. versus M/S AAR ESS & CO. AND OTHERS ..... Respondents Through : Mr.J.P. Gupta, Adv. for respondents. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Learned counsel for the parties submit that it is not necessary to summon the trial court record as certified copies of the order sheets and pleadings have been placed on record.2. Present appeal is directed against the order dated 3.8.2004 passed by learned Metropolitan Magistrate in Complaint Case No.922/1 of 2002, by which the complaint of the appellant herein under Section 138 of Negotiable Instruments Act was dismissed.3. While dismissing the complaint, the trial court has noticed in the impugned order that the accused respondent herein was summoned under Section 138 of Negotiable Instruments Act after a prima facie case was established against him. On ...
Raj Singh Meena Vs. Union of India Through the General Manager and Oth ...
Court: Central Administrative Tribunal CAT Principal Bench New Delhi
Decided on: Nov-12-2013
G. George Paracken, Member (J): 1. Applicant in this case is aggrieved by the disciplinary proceedings initiated against him which culminated in the orders of the Disciplinary Authority removing him from service as modified by the Revisional Authoritys order compulsorily retiring him from service. 2. The brief facts of the case are that the Applicant was proceeded under Rule 9 of the Railway Servants (Discipline and Appeal) 1968 and he was served with the Annexure A-8 Memorandum dated 01.10.2004 containing the following Statement of Article of Charges:- That Sh. Shiv Raj Singh/HBC/Ambala while working as such on dated 25.5.04 at 18.45 hrs in Booking Office Ambala Cantt and manning counter no.4 was subjected to vigilance check and detected to have committed following serious acts of omission and commission:- That Sh. Shiv Raj Singh HBC/Ambala Cantt is responsible for defrauding railways by taking matter of ticket no.C-1453874 higher value Ex UMB-Mumbai Rs.1040/- 4 Adults on tickets no.1...
Sudhir Kumar Singh and Others Vs. Union of India and Others
Court: Delhi
Decided on: Nov-12-2013
$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :12. h November, 2013 + W.P.(C) 5337/2013 SUDHIR KUMAR SINGH & OTHERS ..... Petitioner Through : Mr. Amit Kumar, Adv. versus UNION OF INDIA & OTHERS ..... Respondent Through : Mr. Sunil Kumar, Adv. for R1-5. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) CM No.15291/2013 (condonation of delay) For the reasons stated in the application, the delay of 62 days in filing the counter affidavit is condoned. The counter affidavit is taken on record. The application is allowed and disposed of. W.P.(C) 5337/2013 1. The petitioners in the instant case are working as Overseers with the Border Roads Organization. Initially, the petitioners were appointed in accordance with the recruitment rules in the feeder grade of Overseer and got promoted to the post of Overseer and are working in the pre-revised pay scales. The petitioners seek directions to the respondents to grant revised Pay Scale ...
State Vs. Jahid
Court: Delhi
Decided on: Nov-12-2013
$~ 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1771/2013 % Judgment dated 12.11.2013 STATE Through: ..... Petitioner Mr.Pawan Sharma, Standing Counsel for the State along with Mr.Sahil Monga, Adv. Ins. Devendra Kumar, SHO, P.S. Nand Nagri. S.I. Sonil Sharma, P.S. Nand Nagri. versus JAHID ..... Respondent Through CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.(ORAL) 1. By the present petition, petitioner seeks quashing of the order dated 13.9.2013 with respect to a direction initiating the departmental proceedings against three senior police officers for non-compliance of the orders dated 7.2.2013, 30.08.2013 and 7.9.2013 and a compliance report was directed to be submitted within six months. Trial court record has been summoned. As per the record of the trial court on 7.1.2013, the trial court had directed and observed:Perusal of the record shows that no investigations and effort has been done by the IO, the SHO or the ACP concerned, to trace the said co-accused. No...
Vijay Tyagi and anr. Vs. the State Nct of Delhi
Court: Delhi
Decided on: Nov-12-2013
$~R-19. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 91/2005 % Judgment dated 12.11.2013 VIJAY TYAGI & ANR. Through : ..... Appellants Mr.D.K. Sharma, Mr.O.S. Punia and Mr.Ankur K. Sharma, Advs. versus THE STATE NCT OF DELHI ..... Respondent Through : Mr.Firoz Khan Ghazi, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. This is an appeal against the judgment dated 4.1.2005 and order on sentence dated 7.1.2005 by which the appellants have been convicted and sentenced to undergo Rigorous Imprisonment for three years and to pay fine of Rs.1,000/-, each, and in default of payment of fine, undergo Simple Imprisonment for three months.2. The relevant facts of the case, as set out by the trial court, are as under:The graveman of the charges against them are that on 14.3.2003 at about 6.40 pm near Main Gate Maharaja Agrasen Park G.T. Karnal Road, Opposite Fruit Mandi Azad Pur, Delhi they were apprehended by a team of police officials of Special Staff. From the possess...
M/S. Bansl Store Vs. Govt. of N.C.T. of Delhi and ors.
Court: Delhi
Decided on: Nov-11-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:11. 11.2013 W.P.(C) 6903/2013 M/S. BANSL STORE ..... Petitioner Through: Mr Pradeep Gupta, Mr Parinva Gupta, Advs. versus GOVT. OF N.C.T. OF DELHI & ORS. ..... Respondents Through: Mr Amiet Andlay, Adv for Assistant Commissioner (North) CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) Clause 4 of Delhi Specified Articles (Regulation of Distribution) Order, 1981, reads as under: 4. Suspension/cancellation of authorization: (1) The Administrator or the Deputy Commissioner may at any time, whether at the request of the person to whom an authorization has been issued or on his contravention or attempt to contravene any of the provisions of the said order or directions issued thereunder from time to time in this behalf or any term or condition of the authorization or any directions issued thereunder after making such enquiry as may be deemed necessary without prejudice to any other action that may be taken against...
Sayed Mohd. Masood Vs. Union of India and anr.
Court: Delhi
Decided on: Nov-11-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL.) 1546/2013 SAYED MOHD. MASOOD Through: ..... Petitioner Mr. V.P. Singh and Mr. S.S. Gandhi, Senior Advocates with Mr. N.S. Vasisth, Mr. Vishal Singh & Mr. Arpan Sharma, Advocates. versus UNION OF INDIA & ANR. Through: ..... Respondents Mr. Rajeeve Mehra, ASG with Mr. Neeraj Chaudhari and Mr. Aditya Malhotra, Advocates for UOI. Reserved on :08. h October, 2013 Date of Decision:11. h November, 2013 % CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: Crl.M.A. No.14336/2013 (exemption) in W.P.(CRL.) 1546/2013 Allowed, subject to just exceptions. W.P.(CRL.) 1546/2013 & Crl.M.A. No.14335/2013 1. Present writ petition has been filed by the petitioner seeking the following reliefs:- "(i) Issue a writ of certiorari and/or any other writ, order or direction of similar nature declaring and quashing the provisions of Section 2(u), 3, 4, 5, 8, 24 & 45 of the PMLA as being ultra vires the Constitution. (ii) Is...
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