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Delhi Court February 2013 Judgments

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Feb 21 2013

Mohinder Sharma Vs. State

Court: Delhi

Decided on: Feb-21-2013

$~R-40. * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t February, 2013 + CRIMINAL APPEAL NO. 694/2012 MOHINDER SHARMA ..... Appellant Through Ms. Nandita Rao, Advocate. versus STATE ..... Respondent Through Ms. Richa Kapoor, APP for the State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SIDDHARTH MRIDUL SANJIV KHANNA, J.(ORAL): Mohinder Sharma by the impugned judgment dated 7 th January, 2012, arising out of FIR No. 249/2009, registered on 19th May, 2009 at Police Station Saraswati Vihar, has been convicted under Sections 302/394/397 of the Indian Penal Code, 1860 (IPC, for short) for committing the murder of Vadivale, the deceased in the night intervening between 18th and 19th May, 2009. The appellant has also been convicted under Section 25/27 of the Arms Act, 1959. By an order of sentence dated 24th January, 2012, the appellant has been sentenced to undergo Rigorous Imprisonment for life with the direction that he shall not be considered for grant o...


Feb 21 2013

Directorate of Revenue Intelligence Vs. State

Court: Delhi

Decided on: Feb-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:21. t February, 2013 + CRL.M.C. 526/2013 DIRECTORATE OF REVENUE INTELLIGENCE ..... Petitioner Through: Mr. Satish Aggarwal, Adv. versus STATE Through: ..... Respondent Ms. Rajdipa Behura, Amicus Curiae. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. By virtue of this Petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) the Petitioner Directorate of Revenue Intelligence (DRI) seeks for directions to the learned Metropolitan Magistrate (MM) to hold the Court at CWC Warehouse, DSIDC, Narela for the purpose of conducting proceedings under Section 110(1B) of the Customs Act, 1962 (the Act) and certify the correctness of Panchnama dated 02.01.2012.2. As per the averments made in the Petition, on 02.01.2012 the officers of DRI had seized 145.250 MT of Red Sanders wood vide Panchnama from the premises of C-315, Shahbad Daulatpur, Delhi. According to the Petitioner, Red Sanders Wood is p...


Feb 21 2013

New Delhi Municipal Council Vs. Ashok Kumar Gupta and anr

Court: Delhi

Decided on: Feb-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 96/2013 & C.M.No.3000/2013 (stay) NEW DELHI MUNICIPAL COUNCIL .... Appellant Through: Mr.Arvind Sah, Adv. Versus ASHOK KUMAR GUPTA & ANR. ..... Respondents Through: Mr.B.B.Sawhney, Sr.Adv. with Mr.Lawkesh Sawhney, Mr.Sunil Kumar, Advs. for Respondent No.1. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER % 21.02.2013 Caveat No.152/2013 Since learned counsel for the respondent/caveator has entered appearance, the caveat is discharged. C.M.No.3001/2013(exemptions) Exemptions allowed subject to all just exceptions. LPA No.96/2013 The respondent No. 1 Shri Ashok Gupta was granted a licence by the appellant for running a kiosk at the gate of Kidwai Bhawan, Janpath Road, Connaught Place, New Delhi. The respondent No.2Delhi Metro Rail Corporation asked respondent No. 2 to close down the kiosk since a Metro LPA 96/2013 page 1 of 4 Station was planned in the area. Initially, a site towards Church Road was identified for tempora...


Feb 21 2013

Shri Jogeswar SwaIn Vs. Union of India and ors.

Court: Delhi

Decided on: Feb-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. 01.2013 Decided on:21. 02.2013 W.P.(C) 17430/2006 + SHRI JOGESWAR SWAIN .Petitioner Through: Ms. Saahila Lamba, Advocate. Versus UNION OF INDIA AND ORS. .Respondents Through: Sh. Amrit Pal Singh, CGSC with Sh. Bhupinder Sharma, Law Officer, for Resp. Nos. 1 to 4. HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA MR. JUSTICE S. RAVINDRA BHAT % 1. The petitioner joined the Border Security Force (BSF) as a Constable (92 BN BSF Kalyani Nadia) on 10.05.1995. Subsequently, he was posted as Constable in Kashmir and discharged his duties at different times, in Punjab, Manipur and Assam. He states that he was rewarded for his duties in tackling terrorists at Manipur and that he had never earned any adverse remarks or entry during his entire career. When he was working as Constable in 128 BN, BSF, Patgaon, Kamrup in Assam, he was deployed for security aid duty to Dr. (Mrs.) Somy Dey Sarkar, who used to reside ...


Feb 21 2013

Leela Nand Vs. Indian Airlines Corpn. Ltd. and anr

Court: Delhi

Decided on: Feb-21-2013

* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. NO.78 OF 200.Decided on :21. t February, 2013 LEELA NAND Through: Appellant Mr.Sandeep Bhalla, Adv. Versus INDIAN AIRLINES CORPN. LTD. & ANR. Respondents Through: Mr. Sanjay Gupta, Adv. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a regular second appeal filed by the appellant against the concurrent finding of the Courts below dismissing the suit of the appellant for declaring his date of birth as 4.6.1941 and on the basis of the same grant him consequential benefits. The matter was contested by the respondents.2. One of the issues which was framed by the trial court was with regard to the maintainability of the suit on the ground of suit being barred by limitation.3. The trial court as well as the appellate Court came to a finding that the suit for declaration with regard to the change of the date of birth was barred by limitation.4. The learned counsel for the appellant has sought to urge before this Court that the s...


Feb 21 2013

R N Malhotra Vs. Dhanesh Kumar JaIn and ors

Court: Delhi

Decided on: Feb-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. h February, 2013 Pronounced on:21. t February, 2013 + CRL.M.C. 2788/2010 R N MALHOTRA Through: ..... Petitioner Mr. Praveen Kumar, Advocate versus DHANESH KUMAR JAIN & ORS. ..... Respondent Through: Mr.Surender Chauhan, Advocate for R-1 Mr.S.K.Kalia, Advocate for R-3 CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The present Petition is dismissed in terms of the judgment passed today in CRL.M.C. 2782/2010 titled R.N. MALHOTRA v. BHUPESH KUMAR JAIN & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE FEBRUARY 21 2013 vk...


Feb 21 2013

Commissioner of Income Tax Vs. Gita Duggal

Court: Delhi

Decided on: Feb-21-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. 02.2013 ITA 1237/2011 COMMISSIONER OF INCOME TAX ..... Appellant versus GITA DUGGAL ..... Respondent Advocates who appeared in this case: For the Appellant For the Respondent : Mr Kamal Sawhney, sr. standing counsel : Mr P C Yadav, Adv. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT R.V.EASWAR, J The revenue has filed the appeal under Section 260A of the Income Tax Act, 1961 against the order dated 07.06.2001 passed by the Income Tax Appellate Tribunal in ITA 3613/Del./2010 for the assessment year 2007-08.2. The assessee which is the respondent in the appeal is an individual. In the computation of income filed along with the return of income, she declared long term capital gains of `2,68,25,750/- in the following manner :- Income from Capital Gain Long Term A 2.WESTEND COLONY Consideration as per Collaboration Agreement 40,000,000.00 Less Index cost for pur. of `1575000 (Fair Value as o...


Feb 21 2013

Jitender Vs. State

Court: Delhi

Decided on: Feb-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:24. 11.2011 Decided on:21. 02.2013 + CRL. A. 912/2011 .Appellant JITENDER Versus .Respondents STATE Through: Sh. Trideep Pais and Sh. Shivam Sharma, Advocates, on behalf of Jitender. Sh. Rajesh Mahajan, ASC (Crl), for the State. HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE PRATIBHA RANI MR. JUSTICE S. RAVINDRA BHAT % For detailed judgment, the decision dated 21.02.2013 in Death Sentence Reference 1/2011 - State v. Jitender may be referred to. S. RAVINDRA BHAT (JUDGE) PRATIBHA RANI (JUDGE) FEBRUARY 21 2013 Death Sent. 1/11 & Crl.A.912/11 Page 1...


Feb 21 2013

R N Malhotra Vs. Dhanesh Kumar JaIn and ors.

Court: Delhi

Decided on: Feb-21-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. h February, 2013 Pronounced on:21. t February, 2013 + CRL.M.C. 2789/2010 R N MALHOTRA Through: ..... Petitioner Mr.Praveen Kumar, Advocate versus DHANESH KUMAR JAIN & ORS. ..... Respondent Through: Mr. Surender Chauhan, Advocate for R-1 Mr. S.K.Kalia, Advocate for R-3 CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The present Petition is dismissed in terms of the judgment passed today in CRL.M.C. 2782/2010 titled R.N. MALHOTRA v. BHUPESH KUMAR JAIN & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE FEBRUARY 21 2013 vk...


Feb 21 2013

Brijpal Upadhyay Vs. Uoi and ors

Court: Delhi

Decided on: Feb-21-2013

$-10 to 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :21. t February, 2013 % + W.P.(C) No.2274/2012 & CM No.4873/2012 SUNIL BHARDWAJ Through : ..... Petitioner Major K. Ramesh and Ms. Archana Ramesh, Advs. versus UOI AND ORS Through : + ..... Respondents Mr. Ankur Chhibber, Adv. for UOI. Mr. Ashish Kumar, Adv. for Medical Council of India. W.P.(C) No.2276/2012 and CM No.4875/2012 BRIJPAL UPADHYAY Through : ..... Petitioner Major K. Ramesh and Ms. Archana Ramesh, Advs. versus UOI AND ORS Through : + ..... Respondents Mr. Ankur Chhibber, Adv. for UOI. Mr. Ashish Kumar, Adv. for Medical Council of India. W.P.(C) 2277/2012 and CM No.4876/2012 AMRITA DATLA Through : WP(C)2274 & 2276-79/2012 ..... Petitioner Ms. Archana Ramesh, Advs. versus UOI AND ORS. Through : + ..... Respondents Mr. Ankur Chhibber, Adv. for UOI. Mr. Ashish Kumar, Adv. for Medical Council of India. W.P.(C) 2278/2012 and CM No.4877/2012 RANJIT PAL SINGH BHOGAL ..... Petitioner Through : Major K. Ramesh and...


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