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Delhi Court March 2013 Judgments

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Mar 18 2013

Razzi Ahmed @ Razzi Vs. the State

Court: Delhi

Decided on: Mar-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL.A. 302/2004 Date of Decision:18. h March, 2013 + # ! RAZZI AHMED @ RAZZI ..... Appellant Through: Mr. Manish Kumar Khanna, Advocate versus $ * THE STATE ..... Respondent Through: Mr. M.N. Dudeja, APP for the State CORAM: HON'BLE MR. JUSTICE P.K.BHASIN JUDGMENT P.K.BHASIN, J: The appellant had been convicted for the commission of the offences punishable under Sections 366 and 376 of the Indian Penal Code('IPC' for short) by the learned Additional Sessions Judge vide judgment dated 1st October, 2003 and vide order dated 6th October, 2003 he had been sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.3,000/-, in default to undergo simple imprisonment for six months u/s 376 IPC and rigorous imprisonment for five years and fine of Rs.2,000/- , in default to undergo simple imprisonment of two months u/s 366 IPC. Both the substantive sentences of imprisonment were ordered to run concurrently. Feeling aggrieved by ...


Mar 18 2013

Mcd Vs. Dr. Rekha and anr.

Court: Delhi

Decided on: Mar-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:14. 03.2013 Judgment pronounced on :18. 03.2013 LPA 1115/2007 DR. JASMINE CHAWLA SHARMA & ANR. ..... Appellants Through: Mr Dinesh Agnani, Senior Adv. with Mr Piyush Sharma and Mr Archit Yadav, Advs. versus DR. REKHA & ANR. ..... Respondents Through: Mr S.N. Chodhari, Adv for R-1 And + LPA 1116/2007 MCD ..... Appellant Through: Ms Manjira Dasgupta, Proxy Counsel for Mr Shyel Trehan, Adv for MCD versus DR. REKHA & ANR. ..... Respondents Through: Mr S.N. Chodhari, Adv for R-1 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. Appellant No. 2 in LPA No. 1115/2007, namely, Dr. Kamla Sharma, was allotted Type V flat not D-1/6, 10, Rajpur Road, Delhi by MCD. Vide allotment letter dated 14.06.2005, the aforesaid flat was allotted to Dr. Rekha, respondent No.1, in LPA No. 1115/2007 on medical grounds. Since Dr. Kamla Sharma was due to retire on 30.04.2007, she applied to MCD for regularization and al...


Mar 18 2013

Delhi Development Authority Vs. Sanmukh Singh

Court: Delhi

Decided on: Mar-18-2013

$~7 * + IN THE HIGH COURT OF DELHI AT NEW2 DELHI LPA 662/2012 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through: Ms. Shobhana Takiar, Adv. versus SANMUKH SINGH ..... Respondent Through: Mr. R.K. Saini, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER % 18.03.2013 CM No.17026/2012 (delay) In view of the submissions made therein the application is allowed and the delay of 227 days in filing the appeal is condoned. The application stands disposed of. LPA 662/2012 & CM 17027/2012 (stay) The respondent before us Mr Sanmukh Singh got himself registered for allotment of a residential flat from DDA under its New Pattern Registration Scheme, 1979 (NPRS-1979). In the application form, he disclosed his residential address to be 19H, Arjun Nagar (near Green Park), New Delhi-16 and his occupational address as Punjab & Sind Bank, Naraina, New Delhi. On the turn of the respondent maturing for allotment, he was allotted Flat No.70 (Second Floor), Pocket 5, Sector -12, Dwarka...


Mar 18 2013

Mahender Pal and ors. Vs. the Lt. Governor and ors.

Court: Delhi

Decided on: Mar-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.837/1992 % March 18, 2013 MAHENDER PAL & ORS. Through : ..... Petitioners Mr. Dalip Singh, Advocate with Mr. R.G. Nangia, Advocate. versus THE LT. GOVERNOR AND ORS. Through : ..... Respondents Ms. Sonia Arora, Advocate for respondent No.2. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed by 45 petitioners. Eight petitioners out of the total of 45 petitioners being petitioner Nos.2, 5, 8, 10, 11, 15, 19 and 20 have expired and their legal heirs have not been brought on record. With respect to these petitioners the petition is dismissed as abated. Writ petition survives qua the other petitioners. I must also note that some of the petitioners have retired and who continue to press for the reliefs in this petition.2. Petitioners are employees of respondent No.2-society, namely, Delhi Society for Prevention of Cruelty to Animals. Respondent No.2 is a...


Mar 18 2013

Lala @ Shamim Vs. the State (Nct of Delhi)

Court: Delhi

Decided on: Mar-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : February 25, 2013 DECIDED ON : March 18, 2013 + CRL.A. 1012/2012 LALA @ SHAMIM ..... Appellant Through : Mr.Chetan Lokur and Mr.O.P.Aggarwal, Advocates. VERSUS THE STATE (NCT OF DELHI) ..... Respondent Through : Mr.M.N.Dudeja, APP for the State. AND + CRL.A. 828/2012 FURKHAN @ RAJU Through : ..... Appellant Mr.Anish Dhingra, Advocate. VERSUS THE STATE (NCT OF DELHI) ..... Respondent Through : Ms.Fizani Husain, APP. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.1. Lala @ Shamim (A-1) and Furkhan @ Raju (A-2) impugn judgment dated 28.04.2012 and order on sentence dated 04.05.2012 in Sessions Case No.128/2010 arising out of FIR No.529/2008 registered at Police Station Sarita Vihar by which they were held guilty for committing offence punishable under Sections 307/34 IPC and sentenced to undergo RI for six years with fine `1,000/- each.2. Daily Diary (DD) No.35A (Ex.PW-5/A) was recorded on 16.10.2008 at around 22.45 hours at Police Station ...


Mar 18 2013

Sercon India Private Limited Through Mohan Goel Vs. Commissioner (Adju ...

Court: Delhi

Decided on: Mar-18-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 03.2013 W.P.(C) 1784/2013 SERCON INDIA PRIVATE LIMITED THROUGH MOHAN GOEL ... Petitioner versus COMMISSIONER (ADJUDICATION), SERVICE TAX ... Respondent Advocates who appeared in this case: For the Petitioner For the Respondent : Mr Nageshwar Rao with Ms Rajeshwari K. G., Mr Raghuram Srinivasan and Ms Sayaree Basu Mallik : Mr Rahul Kaushik CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This writ petition is directed against the order dated 05.02.2013, whereby the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has granted partial relief to the petitioner on its application under Section 35F of the Central Excise Act, 1944 read with Section 83 of the Finance Act, 1994 with regard to the amount of pre-deposit to be made by the petitioner.2. As per the order-in-original, which is the subject matter of the appeal before CESTAT, a demand of service ...


Mar 18 2013

Delhi Subordinate Services Selection Board and anr. Vs. Preeti Balayan ...

Court: Delhi

Decided on: Mar-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: March 18, 2013 R.P.No.135/2013 in WP (C)3397/2012 DELHI SUBORDINATE SERVICES SELECTION BOARD & ANR. .....Petitioners Represented by: Ms.Zubeda Begum, Advocate versus PREETI BALAYAN & ANR. ..... Respondents Represented by: Mr.Anand Nandan, Advocate for R-1 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.1. None had appeared for the respondents No.1/review applicant when arguments were heard in the writ petition on February 01, 2013. The decision was pronounced on February 06, 2013.2. 19 original applications filed by different persons, including the first respondent Preeti Balyan were disposed of by a common judgment and order dated March 30, 2012.3. Concededly, the impugned order did not deal with the specific and distinctive fact pertaining to the first respondent. The decision by the Tribunal dealt with an altogether different set of facts, pertaining to other applicants...


Mar 18 2013

Chherinda Indi Gurunda Vs. the State (Govt. of Nct) Delhi

Court: Delhi

Decided on: Mar-18-2013

$-38 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :18. h March, 2013 + CRL.A. 292/2006 & CRL.M.B.Nos.2096/2011 & 1431/2012 CHHERINDA INDI GURUNDA Through : ..... Appellant Ms.Rakhi Dubey, Advocate. Versus THE STATE (GOVT. OF NCT) DELHI Through : ..... Respondent Ms.Fizani Husain, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. The appellant- Chherinda Indi Gurunda challenges correctness of judgment dated 07.01.2006 in Sessions Case No.23/2005 arising out of FIR No.298/2004, PS Timar Pur by which he was held guilty for committing offence punishable under Section 20 NDPS Act. Vide order dated 13.01.2006, the appellant was sentenced to undergo RI for 14 years with fine ` 1,00,000/- and in default of payment of fine to undergo SI for one year.2. Allegations against the appellant were that on 08.07.2004 at about 12.20 P.M. near Pontoon Bridge Turning, Outer Ring road, Timar Pur, Delhi he was found in possession of 2 kg. of Charas. The prosecution examined nine wi...


Mar 18 2013

Power Grid Corporation of India Vs. East Delhi Municipal Corporation a ...

Court: Delhi

Decided on: Mar-18-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :15. 03.2013 Judgment pronounced on :18. 03.2013 LPA No.161/2013 POWER GRID CORPORATION OF INDIA Through : ..... Appellant Mr. Goolam E. Vahanvati, Attorney General with Mr. Pawan Upadhyay, Ms. Sharmila Upadhyay, Ms. Anisha Upadhyay, Mr. Sarvjit Pratap Singh, Mr. Ankit Sibble and Mr. Rohit Yadav, Advs. versus EAST DELHI MUNICIPAL CORPORATION & ANR. ... Respondents Through : Mr. Anoop Bagai, Adv. for R-1 Mr. Rajiv Ranjan Mishra, Adv. for R-2/UOI CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. The appellant Power Grid Corporation of India is a Government Company is engaged in transfer of bulk electrical energy from generating power plants to electrical sub-stations located near demand centres and for this purpose, it has laid transmission towers in various parts of the country, including Delhi. Vide assessment order dated 2nd February, 2013, the Assessor and Collector of the respondent East ...


Mar 18 2013

Capt. (Retd.) Kapil Chaudhary Vs. Govt. of India and ors.

Court: Delhi

Decided on: Mar-18-2013

$~9&10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: March 18, 2013 + WP(C) 2331/2012 GOVT. OF INDIA & ORS. Represented by: .... Petitioners Dr.Ashwani Bhardwaj, Advocate. versus CAPT. (RETD.) KAPIL CHAUDHARY ..... Respondent Represented by: Mr.Naresh Kaushik, Ms.Amita Kalkal Chaudhary and Ms.Aditi Gupta, Advocates. WP(C) 6701/2012 CAPT. (RETD.) KAPIL CHAUDHARY ..... Petitioner Represented by: Mr.Naresh Kaushik, Ms.Amita Kalkal Chaudhary and Ms.Aditi Gupta, Advocates. versus GOVT. OF INDIA & ORS. Represented by: .... Respondents Mr.Himanshu Bajaj, Advocate for R-1 and R-2. Dr.Ashwani Bhardwaj, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. We are concerned in the two writ petitions with the interpretation of para 8 of the CCS (Fixation of Pay of re-employed Pensioners) Order 1986, which reads as under:8. Emergency Commissioned Officers and Short Service Commissioned Officers. Emergency Comm...


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