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Delhi Court March 2013 Judgments

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Mar 05 2013

Rajesh Shukla Vs. State

Court: Delhi

Decided on: Mar-05-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : February 18, 2013 DECIDED ON : March 05, 2013 + CRL.A.321/2000 RAJESH SHUKLA Through : ..... Appellant Mr.S.D.S.Rathi, Advocate. versus STATE Through : ..... Respondent Ms.Fizani Husain, APP. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.The present appeal is disposed of in terms of a detailed common judgment delivered today which is placed in the Crl.A.No.301/2000 titled Manglu Vs. State . (S.P.GARG) JUDGE March 05, 2013 sa file of...


Mar 05 2013

Delhi Development Authority Vs. B.B. Jain

Court: Delhi

Decided on: Mar-05-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on : Judgment pronounced on :01. 03.2013 05.03.2013 LPA 670/2012 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through: Mr Ajay Verma, Adv. versus B.B. JAIN ..... Respondent Through: Mr R.K. Saini, Adv with Mr Sitab Ali Chaudhary, Adv. AND + LPA 709/2012 D.D.A. & ANR. ..... Appellants Through: Mr Ajay Verma, Adv. versus BASANT KUMAR RASTOGI ..... Respondent Through: Mr Anand Yadav, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. The respondent in LPA No.670/2012 got himself registered with the appellant - DDA in the year 1976 for allotment of a residential flat. The appellant allotted an LIG flat to him at Motia Khan, vide allotment letter dated 16th August, 1998. The said flat was built on area measuring less than 65 sq.m. In the meanwhile, the appellant had come out with a Scheme known as Rohini Residential Scheme, 1981, for allotment of plots of land. The respondent also applied for all...


Mar 05 2013

D.D.A. and anr. Vs. Basant Kumar Rastogi

Court: Delhi

Decided on: Mar-05-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on : Judgment pronounced on :01. 03.2013 05.03.2013 LPA 670/2012 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through: Mr Ajay Verma, Adv. versus B.B. JAIN ..... Respondent Through: Mr R.K. Saini, Adv with Mr Sitab Ali Chaudhary, Adv. AND + LPA 709/2012 D.D.A. & ANR. ..... Appellants Through: Mr Ajay Verma, Adv. versus BASANT KUMAR RASTOGI ..... Respondent Through: Mr Anand Yadav, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. The respondent in LPA No.670/2012 got himself registered with the appellant - DDA in the year 1976 for allotment of a residential flat. The appellant allotted an LIG flat to him at Motia Khan, vide allotment letter dated 16th August, 1998. The said flat was built on area measuring less than 65 sq.m. In the meanwhile, the appellant had come out with a Scheme known as Rohini Residential Scheme, 1981, for allotment of plots of land. The respondent also applied for all...


Mar 05 2013

M/S Af Colenco Ltd. Vs. M/S Tuff Energy Ltd.

Court: Delhi

Decided on: Mar-05-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h March, 2013 % + CS(OS) No.1229/2011 M/S AF COLENCO LTD. Through: ..... Plaintiff Mr. Siddharth Dias, Adv. versus M/S TUFF ENERGY LTD. Through: ..... Defendant None. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The plaintiff has instituted the suit for recovery of Rs.46,11,772/- from the defendant. Summons of the suit were issued to the defendant. The defendant inspite of service failed to file written statement or appear and was vide order dated 04.11.2011 proceeded against ex parte and the plaintiff permitted to file ex parte evidence.2. The plaintiff filed the affidavit by way of examination-in-chief of its Managing Director Sh. Jothi Ekanthappa and which was tendered in evidence before the Joint Registrar and the documents referred to therein given the exhibit marks, and the plaintiff closed its ex parte evidence.3. However when thereafter the matter came up before this Court, it was discovered th...


Mar 05 2013

Directorate of Revenue Intelligence Vs. Bhanu Chandra and anr

Court: Delhi

Decided on: Mar-05-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. h February, 2013 Pronounced on:5. h March, 2013 + CRL.M.C. 2423/2010 DIRECTORATE OF REVENUE INTELLIGENCE .. Petitioner Through: Mr. Satish Aggarwala, Advocate Versus BHANU CHANDRA & ANR ..... Respondents Through: Mr. R.K. Handoo with Mr. Yogesh Sharma & Mr. I.D. Vaid, Advocates. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The Petitioner Directorate of Revenue Intelligence (DRI) invokes inherent powers of this Court under Section 482 of the Code of Criminal Procedure (the Code) for setting aside of an order dated 20.01.2010 passed by the learned Additional Chief Metropolitan Magistrate (A.C.M.M.)-01, New Delhi whereby in the complaint case filed by the Petitioner, directions were issued to it to supply copies of the documents which consisted of more than 300 pages.2. A prosecution under Section 132 and 135(1)(a) of the Customs Act, 1962 (the Act) was launched by the DRI against the Respondents in connection ...


Mar 05 2013

Tristar Hotels Pvt Ltd. Vs. M/S Select Infrastructure Pvt Ltd

Court: Delhi

Decided on: Mar-05-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: March 05, 2013 + OMP No.779/2012 TRISTAR HOTELS PVT LTD ..... Petitioner Through Mr.P.V.Kapur, Sr.Adv. with Mr.Aman Anand & Mr.Sidhant Kapur, Advs. versus M/S SELECT INFRASTRUCTURE PVT LTD ..... Respondent Through Mr.Ravi Gupta, Sr.Adv. with Mr.Ankit Jain, Adv. for respondent. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. By order dated 27th August, 2012 passed in the abovementioned petition, this Court passed the following order:1. Notice. Mr. Ankit Jain, Advocate accepts notice on behalf of the Respondent.2. The present petition has been filed by Tristar Hotels Private Limited (Tristar) under Section 9 of the Arbitration of Conciliation Act, 1996 (Act) seeking interim relief against Select Infrastructure Private Limited (Select) arising out of a sale deed dated 3rd November 2009 read with agreement to sell dated 8th November 2007 with regard to provisions of electricity, water, chilled water fo...


Mar 05 2013

M/S. Bindal Agro Chem. Ltd. Vs. M/S. V.M.J. Enterprises

Court: Delhi

Decided on: Mar-05-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :19. 02.2013 Decided on:05. 03.2013 + RFA (OS) 4/2005 M/S. BINDAL AGRO CHEM. LTD. ..... Appellant Through : Sh. Anurag Sharma, Advocate. versus M/S. V.M.J.ENTERPRISES ..... Respondent Through : Sh. T.N. Tripathi, Advocate. HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA MR. JUSTICE S. RAVINDRA BHAT % 1. The Appellant (defendant in the suit) was sued by the plaintiff, who claimed a decree for Rs. 32,27,102.56/- as the unpaid price of the construction and erection services rendered by the latter.2. The Appellant had issued a Work Order, dated 03.12.1992 to the plaintiff; on 07.05.1993 additional work was awarded on the same terms. The plaintiff was to supply manpower and use his own tools and tackles for executing the work, which was fabrication of pipes (after cutting metal plates and welding them), earthwork channels, laying and fitting the pipes and completing finishing work for reinforcement (civil w...


Mar 05 2013

Oberoi Flight Services Vs. Sudesh Yadav

Court: Delhi

Decided on: Mar-05-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :01.03.2013 Judgment pronounced on :05.03.2013 LPA No.293/2012 OBEROI FLIGHT SERVICES Through : ..... Appellant Mr.Parag P. Tripathi, Sr. Adv. with Mr. Jayant Kumar Mehta, Mr. Sukant Vikram and Mr. Kunal Bahri Advs. versus SUDESH YADAV Through: .... Respondent Ms. Anita Sharoha, Adv. with respondent in person CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.The respondent before this Court was engaged in preparation and packaging of food for the various airlines, for being served to the flyers. One of the airlines for which packed food used to be prepared by the appellant was British Airways. The preparation and packaging of the food was undertaken in a bonded warehouse at the Airport. The case of the appellant is that on 19th July, 2000, when the respondent was leaving the premises after completing her duty, her hand bag was checked by a security guard. On checking the bag, some chocolates we...


Mar 05 2013

Delhi Transco Ltd and ors Vs. Sharad Chandra Sharma

Court: Delhi

Decided on: Mar-05-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 753/2011 DELHI TRANSCO LTD & ORS ..... Appellants Through: Mr Vibhav Misra and Ms Latika Chaudhary, Advs. versus SHARAD CHANDRA SHARMA ..... Respondents Through: Ms Jyoti Singh, Sr. Adv with Mr Amandeep Joshi with Ms Deepali and Ms Sahila, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER % 05.03.2013 The respondent before us was working as a Junior Clerk with Delhi Electricity Supply Undertaking (DESU), which later came to be reconstituted as Delhi Vidyut Board (DVB). The respondent was arrested in a case registered under the provisions of Prevention of Corruption Act, 1988 and an FIR in this regard was registered against him on 16.04.1998. Vide order dated 24.04.1998, Additional General Manager (A) of DVT passed an order inter alia stating as under:The more fact that it would be possible to go through the motions of conducting an enquiry, appointing an Inquiry Officer and calling the witnesses etc is not suffici...


Mar 05 2013

ishar Gasoil Pvt. Ltd. and ors. Vs. Union of India and ors.

Court: Delhi

Decided on: Mar-05-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : February 18, 2013 Judgment Pronounced on : March 05, 2013 + WP(C) 277/2013 ISHAR GASOIL PVT. LTD. & ORS. .....Petitioners Represented by: Mr.Mukul Rohatgi, Sr.Advocate and Mr.Rajiv Nayar, Sr.Advocate instructed by Mr.Vineet Malhotra, Advocate. versus UNION OF INDIA & ORS. Represented by: ..... Respondents Mr.Rajeeve Mehra, Additional Solicitor General instructed by Mr.Jatan Singh, Mr.AshishVirmani and Mr.Tushar Singh, Advocates. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.1. Notice Inviting Offers (NIO) for exploration of oil and natural gas pertaining to 34 exploration blocks required the bidder to have the requisite Financial Capability as per Condition not VIII of the tender documents. Since the issue with which we are concerned relates to the NET WORTH CALCULATION in the context of FINANCIAL CAPABILITY, we note said Condition not VIII. It reads as under:VIII. IN...


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