Delhi Court December 2013 Judgments
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Wing Commander E.K. Vijayan (Retd.) Vs. Union of India and ors.
Court: Delhi
Decided on: Dec-10-2013
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.7760/2013 & CM No.16511/2013 Date of decision :10. h December, 2013 WING COMMANDER E.K. VIJAYAN (RETD.) ..... Petitioner Through Mr.Inderjit Singh, Adv. versus UNION OF INDIA & ORS. Through ..... Respondents Mr.Himanshu Bajaj, CGSC for R-1 to 4 CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) CM No.16511/2013 1. Allowed, subject to just exceptions. WP (C) No.7760/2013 2. The petitioner in the instant case assails the order dated 21st November, 2013 passed by the Armed Forces Tribunal (AFT), Principal Bench, New Delhi in OA No.458/2013 praying for quashing of the PPO No.08/14/A/Rev.0791/2009 dated 20th April, 2009 and an order passed by the Deputy Controller of Defence Accounts (AF), Subroto Park, New Delhi, respondent no.4 herein, dated 25th February, 2013 rejecting the representation of the petitioner.3. The petitioner in the instant case is an officer of the Indian Air Force servi...
Wing Commander J. Ramani (Retd.) Vs. Union of India and ors
Court: Delhi
Decided on: Dec-10-2013
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.7761/2013 & CM No.16512/2013 Date of decision :10. h December, 2013 WING COMMANDER J.RAMANI (RETD.) Through Mr.Inderjit Singh, Adv. ..... Petitioner versus UNION OF INDIA & ORS Through ..... Respondents Mr.Himanshu Bajaj, CGSC for R-1 to 4 CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) CM No.16512/2013 1. Allowed, subject to just exceptions. WP (C) No.7761/2013 2. The petitioner in the instant case assails the order dated 20 th November, 2013 passed by the Armed Forces Tribunal (AFT), Principal Bench, New Delhi IN OA No.446/2013 praying for quashing of the PPO No.08/14/A/Rev./1304/2013 dated 16th May, 2013 and an order passed by the Principal Director, Directorate of Air Veterans, New Delhi, respondent no.3 herein, dated 4th October, 2013 rejecting the representation of the petitioner.3. The petitioner in the instant case, an officer of the Indian Air Force, joined the Air Force o...
Mukesh Kapil Vs. Parag P Tripathi and ors
Court: Delhi
Decided on: Dec-10-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: Judgment delivered on: % + 11.11.2013 10.12.2013 CS(OS) 2095/2013 and I.A. 17420-22/2013 & 18000-18001/2013 MUKESH KAPIL ..... Plaintiff Through: Dr. Harish Uppal, Advocate versus PARAG P TRIPATHI & ORS Through: ..... Defendants CORAM: HONBLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.1. The plaintiff has filed the present suit to seek the following substantial reliefs:a) That a decree of declaration be passed in favour of the plaintiff and against the defendants declaring that settlement dated 01.10.2001 is unlawful, illegal, and not enforceable in law, having been obtained by fraud and being per incuriam; b) That a decree for declaration be passed in favour of the plaintiff and against the defendants declaring the order/decree dated 03.10.2001 & 2.11.2001 passed in AA1296 & connected suits bearing CS(OS) No.627/97, 628/97, 1045/97,1180/97, 1188/97 and 1190/97 as well as CCP no.39/97, 35/98, 36/98 and 43/97 be decl...
Rakesh Kumar Vs. Kalawati (Deceased) Through Lrs and ors
Court: Delhi
Decided on: Dec-10-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h December, 2013 % + RFA No.521/2004 RAKESH KUMAR Through: ..... Petitioner Mr. Sumit Bansal & Mr. Ateev Mathur, Advs. Versus KALAWATI (DECEASED) THROUGH LRS & ORS... Respondents Through: None. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The appeal impugns the judgment and decree dated 17.03.2004 of the Court of the Additional District Judge (ADJ), Delhi in suit No.642/2001, declining the relief of specific performance of an agreement dated 29.05.1986 of sale of immovable property as well as alternative relief claimed of recovery of damages of Rs.3,00,000/- but directing the respondents / defendants No.1 to 4 to refund to the appellant / plaintiff Rs.30,000/- paid as advance under the said Agreement to Sell together with interest thereon at 12% per annum from the date of filing of the suit till realization.2. Notice of the appeal was issued and the Trial Court record requisitioned. Vide subsequent order dated 19.01.2005, t...
Mahesh Goyal Vs. the State (Gnct of Delhi)
Court: Delhi
Decided on: Dec-10-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI DATE OF DECISION:10. h DECEMBER, 2013 + Crl. M.B. 2248/2013 In CRL.A. 1166/2012 MAHESH GOYAL Through: ..... Appellant Mr. Jai Bansal, Advocate. versus THE STATE (GNCT OF DELHI) ..... Respondent Through: Ms. Aashaa Tiwari, APP for the State with Mr. A.K. Ojha, Addl. C.P., South West District along with SHO R.S. Lamba and Insp. Rishi Dev, PS Binda Pur. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.Crl. M.B. 2248/2013 (for suspension of sentence) 1. This is an application under Section 389 Cr.P.C. for suspension of sentence and release of the appellant on bail.2. As per the prosecutions case the complainant lodged a complaint on 13th December, 2010 regarding missing of his daughter since 21st November, 2010. He raised suspension upon the accused who is a tantrik. FIR No.355/2010 was registered under Section 363 IPC against he accused. The appellant was apprehended at Dhaula Kaun, Delhi. It was alleged that the appellant bei...
National Insurance Co Ltd Vs. Sushila Devi and ors
Court: Delhi
Decided on: Dec-10-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.A. 378/2012 % Judgment delivered on:10. h December, 2013 NATIONAL INSURANCE CO LTD ..... Appellant Represented by: Mr. Manoj R. Sinha, Adv. Versus SUSHILA DEVI & ORS ..... Respondents Represented by: Mr. D.P.S. Dagar and Mr. R.P. Nafria, Advs. for R1 to R6. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Instant appeal has been preferred against the impugned award dated 08.02.2012, whereby the ld. Tribunal has granted compensation as under:1.2. 3.4. 5.2. Loss of dependency Loss of Love and Affection Funeral Expenses Loss of Estate Loss of Consortium Total Less (Interim Award vide Order dated 30.09.2005) Total = = = = = = Rs.10,53,000/Rs. 1,50,000/Rs. 10,000/Rs. 10,000/Rs. 10,000/Rs.12,33,000/- = = Rs. 50,000/Rs.11,83,000/- The brief facts of the case are that on 30.10.2004 at about 9.45 7568 from his place of work. When he reached near Village Mangla Puri, a Maruti Car bearing No.DL-2C-R-7058 being driven in a rash and negligent ...
Pritam Ashok Sadaphule Vs. Hima Chugh
Court: Delhi
Decided on: Dec-10-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:07. 11.2013 PRONOUNCED ON:10. 12.2013 % + MAT.APP. (F.C.) 40/2013, CM APPL.15485, 15486, 15487 & 15488/2013 PRITAM ASHOK SADAPHULE ..... Appellant Through: Ms. Geeta Luthra, Sr. Advocate with Mr. Rakesh Taneja, Ms. Naina Dubey and Ms. Priyanka Ashok, Advocates. versus HIMA CHUGH ..... Respondent Through: Mr. Anirudh K. Mudgal, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT1 This is a husbands appeal impugning an order of maintenance pendente lite made by the Family Court in the course of divorce proceedings initiated by the wife.2. The marriage of the couple was solemnized on 05.03.2005 in Delhi in accordance with Hindu rites and ceremonies. After the divorce proceedings were filed, the wife applied under Section 24 of the Hindu Marriage Act (the Act) claiming maintenance pendente lite and litigation expenses. MAT. APP. (F.C.) 40/2013 Page 1 3. In those proceedin...
Shyam Narayan Mishra and ors. Vs. State and anr. and anr.
Court: Delhi
Decided on: Dec-10-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI DATE OF DECISION:10. h DECEMBER, 2013 + CRL.M.C. 1791/2013 & Crl.M.A.5559/2013 SHYAM NARAYAN MISHRA & ORS. ..... Petitioner Through Mr. R.S. Mishra, Advocate. versus STATE & ANR. & ANR. Through + ..... Respondent Ms. Kusum Dhalla, APP Mr. R.K. Thakur, Advocate for the respondent No.2. WITH CRL.M.C. 1983/2013 & Crl.M.A.7873/2013 SHYAM NARAYA MISHRA & ORS. ..... Petitioner Through Mr. R.S. Mishra, Advocate. versus STATE & ANR. Through ..... Respondent Ms. Kusum Dhalla, APP Mr. R.K. Thakur, Advocate for the respondent No.2. AND + CRL.M.C. 1986/2013 & Crl.M.A.7885/2013 SHYAM NARAYAN MISHRA & ORS. ..... Petitioner Through Mr. R.S. Mishra, Advocate versus STATE & ANR. Through Crl.M.C.Nos.1791/2013, 1983/2013 & 1986/2013 ..... Respondent Ms. Kusum Dhalla, APP Mr. R.K. Thakur, Advocate for the CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J:1. Vide this common order, I shall dispose of three petitions, bearing Nos.1791/2013, 1983/2...
Delhi Administration, Delhi Vs. Suraj
Court: Delhi
Decided on: Dec-10-2013
$~R-36. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A1922005 % Judgment dated 10.12.2013 DELHI ADMINISTRATION, DELHI ..... Appellant Through : Mr.Manoj Ohri, Adv. versus SURAJ ..... Respondent Through CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Present appeal has been filed by the petitioner/Delhi Administration against the judgment dated 4.8.2004 passed by learned Metropolitan Magistrate, whereby the respondent has been acquitted.2. The case of the prosecution as noticed by the trial court is as under:The present complaint has been filed by Mr.Gopal Singh, Local (Health) Authority, Delhi Administration, Delhi against Mr.Suraj, the accused person, for prosecution of the offence under Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the PFA Act.) The complainant has submitted that on 03.03.1993 at about 15-45 hours, Mr.V.P.S. Chaudhary, Food Inspector purchased a sample of Paneer, a food article for analysis from Mr.Suraj s/...
Cit Iv Vs. Global Green Company Ltd
Court: Delhi
Decided on: Dec-10-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h December, 2013 + ITA4642013 CIT IV ..... Appellant Through Mr. Kamal Standing Counsel. Sawhney, Sr. versus GLOBAL GREEN COMPANY LTD ..... Respondent Through CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL) The relevant orders have been filed by the appellant. We are inclined to condone delay of 99 days in re-filing of the appeal. Application for condonation of delay in refiling being C.M.No.15143/2013 is accordingly disposed of.2. This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (Act) impugns order passed by the Income Tax Appellate Tribunal (for short, the tribunal) deleting penalty under Section 271 (1)(c) of the Act in relation to assessment year 2001-02.3. Learned counsel for the appellant submits that there is contradiction between the findings in the impugned order and the order passed by the tribunal in the quantum proceedings. ITA4642...
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