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Delhi Court April 2013 Judgments

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Apr 30 2013

Savita Vs. Central Board of Secondary Education and anr

Court: Delhi

Decided on: Apr-30-2013

$~58. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2775/2013 Judgment dated 30th April, 2013. % SAVITA Through : ..... Petitioner Mr.R.K. Saini and Ms.Minal Sehgal, Advs. versus CENTRAL BOARD OF SECONDARY EDUCATION & ANR ..... Respondents Through : Mr.Atul Kumar, Adv. for R-1. Ms.H.Hnunpuii, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. By the present writ petition, filed under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to round of the percentage of marks obtained by her in the Central Teacher Eligibility Test (CTET), November, 2012, i.e. 59.33% to the nearest percentile i.e. 60% and declare her qualified.2. As per the petition, the petitioner had appeared in the Central Teachers Test Eligibility Test (CTET), conducted by respondent no.1 on behalf of the Ministry of Human Resources Development, Government of India, in terms of the Central Teachers Eligibility Test Rules 2011. As per Rule 8 relatin...


Apr 30 2013

Rajesh Kumar Saxena Vs. Dda

Court: Delhi

Decided on: Apr-30-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. 04.2013 W.P.(C) 6854/2011 RAJESH KUMAR SAXENA ..... Petitioner Through:Mr.Kishore M.Gajaria with Mr.Omkar Srivastava and Mr.Piyush Sachdeva, Advocates. versus DDA .... Respondent Through:Mr.Rakesh Mittal with Ms.Kamlesh Anand, Advocate. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) 1. Late Shri Anand Swarup Saxena, father of the petitioner, got himself registered for allotment of a residential flat from DDA under its New Pattern Registration Scheme (NPRS) 1979. Late Shri Anand Swarup Saxena expired on 15.1.1990. Since no information with respect to demise of late Shri Anand Swarup Saxena was given to DDA, a residential flat came to be allotted in his name and a Demand Letter dated 22.6.2006 was sent in his name at the address available in the record of DDA i.e. 151, Devi Nagar, Suraj Kund Road, Meerut. On coming to know of the aforesaid allotment, the petitioner being a legal heir of his father, applie...


Apr 30 2013

Bhushan Sharma Vs. State (Thru C.B.i.)

Court: Delhi

Decided on: Apr-30-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No. 679/2002 Reserved on:21. t February, 2013 Decided on:30. h April, 2013 % BHUSHAN SHARMA Through: ..... Appellant Mr. S.P. Minocha, Mr. Gagan Minocha, Advs. versus STATE (THRU C.B.I.) Through: ..... Respondents Mr. R.V. Sinha, Spl. PP with Mr. A.S. Singh, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By this appeal the Appellant challenges the judgment dated 12 th August, 2002 convicting the Appellant for offences under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short the PC Act) and the order dated 16th August, 2002 awarding the sentence of rigorous imprisonment for a period of two years and a fine of Rs. 3000/- and in default of payment of fine to undergo simple imprisonment for a period of six months for offence under Section 7 PC Act, and rigorous imprisonment for a period of two years and a fine of Rs. 3000/- and in default of payment of fine to undergo simple imprisonment for s...


Apr 30 2013

Pace Developers and Promoters Pvt. Ltd. Vs. Govt. of Nct Through Its S ...

Court: Delhi

Decided on: Apr-30-2013

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4585/2012 & CM No. 9515/2012 PACE DEVELOPERS AND PROMOTERS PVT LTD ..... Petitioner Through: Mr Rajiv Dutta, Sr. Adv. with Kumar Dushyant Singh, Adv. versus % GOVT. OF NCT THROUGH ITS SECRETARY AND ORS ..... Respondents Through: Mr Shariq Mohammad, Adv. for R-1 & 2 with Mr Sanjiv Kumar, Sub-Registrar, Hauz Khas. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER ORDER 30 04.2013 1. In this writ petition the following two prayers have been made: (a) Issue a writ of certiorari and after calling for the relevant records of the impugned circular quash the illegal circular bearing no. F.1(92)Regn.Br./Div.Com./2012/298 dated 27/4/2012 issued by respondent no. 2 as violative of petitioners Fundamental Rights guaranteed under Article 14 and 19(1)(g) of the Constitution and also the said circular is against the judgment of the Supreme Court delivered in Suraj Lamp & Industries (P) Ltd. (2) vs State of Haryana reported in (2012) 1 SCC 65.and the rel...


Apr 30 2013

Commissioner Income Tax-v Vs. Nipuan Auto Pvt Ltd

Court: Delhi

Decided on: Apr-30-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:30. 04.2013 ITA 225/2013 COMMISSIONER INCOME TAX-V ..... Appellant versus NIPUAN AUTO PVT LTD ..... Respondent Advocates who appeared in this case: For the Appellant : Mr Sanjeev Rajpal, Advocate. For the Respondent : None. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This appeal by the revenue is directed against the order dated 28.12.2012 passed by the Income Tax Appellate Tribunal, New Delhi in ITA No. 1493/2012 pertaining to the assessment year 2006-07.2. The Assessing Officer had made the additions of ` 37,75,465/- and ` 30,41,000/- under Section 68 of the Income Tax Act, 1961 on account of alleged unexplained investment and alleged unexplained cash credits which were shown as share application money received by the assessee, respectively.3. The assessee went up in appeal before the Commissioner of Income-tax (Appeals) who had substantially allowed t...


Apr 30 2013

Dr. A.W.Sohoni Vs. Union of India and ors.

Court: Delhi

Decided on: Apr-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 3535/1997 30th April, 2013 DR. A.W.SOHONI Through: ......Petitioner Mr. Nitin S. Tambwekar and Mr. B.S.Sai, Advocates. VERSUS UNION OF INDIA & ORS. Through: ...... Respondents CORAM: HONBLE 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 petitioner /Dr. A.W. Sohoni, who was the Chief Director of the respondent No.2. The petitioner prays for grant of House Rent Allowance (HRA) from May, 1995 and till the same is due to him in accordance with the terms and conditions of his service. The petitioner has set up a case that he has been wrongly denied HRA because he was justified in not occupying the premises/flat which was allotted to him by the respondent No.2-Corporation. The petitioner claims that the flat was not in accordance with the status of the petitioner, and petitioners representation for reconsideration has been malafidely rejected by the respon...


Apr 30 2013

Munnawar Hasan Vs. State of Nct of Delhi

Court: Delhi

Decided on: Apr-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.Rev.P.44/2013 MUNNAWAR HASAN Through: .....Petitioner Mr. Sudarshan Rajan & Mr. Mohd. Qamar, Advocates Versus STATE OF NCT OF DELHI Through: ....Respondent Mr. Sunil Sharma, Additional Public Prosecutor CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % 1. ORDER 30 04.2013 In FIR No.168/2008 State v. Israr etc., petitioner-accused was declared as proclaimed offender on 17th September, 2008 and upon being apprehended on 24th February, 2009, he was charge-sheeted for the offence under Section 174A of IPC. Impugned order of 19th September, 2012 directing framing of charge under Section 174A of IPC and an additional charge framed on 25th September, 2012 for the aforesaid offence are assailed in this petition.2. Learned counsel for petitioner had contended that proceedings under Section 82 of Cr.P.C. stood vitiated as proclamation was issued on 10th July, 2008 for appearance of petitioner by 31st July, 2008 whereby giving 21 days' time whereas mandatory ...


Apr 30 2013

Mohd. Aslam Vs. Mst. Naima Khatoon and ors.

Court: Delhi

Decided on: Apr-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:30.04.2013 RC.REV. 108/2012 MOHD ASLAM Through ..... Petitioner Mr. M.A. Khan, Adv. versus MST NAIMA KHATOON & ORS Through ..... Respondents Ms.Shalini Kapoor, Ms. Promil Seth and Ms. Krati Arora, Advs. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1 The petitioner is aggrieved by the impugned order dated 09.11.2011 whereby the eviction petition filed by the landlords under Section 14 (1)(e) of the Delhi Rent Control Act, 1958 (DRCA) had been decreed; the application filed by the petitioner/tenant seeking leave to defend had been declined. 2 Record shows that the present eviction petition has been filed on the ground of bonafide requirement under Section 14 (1)(e) of the DRCA. There were three petitioners before the trial Court. Their contention was that they are the owners of the suit property. The property was initially owned by Asifa Khatoon; she had gifted the property in favour of the petitioners. ...


Apr 30 2013

Sudarshan Sharma Vs. Dda

Court: Delhi

Decided on: Apr-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:30. 04.2013 W.P.(C) 2005/2010 SUDARSHAN SHARMA Through: ..... Petitioner Mr. Sanjiv Kakra and Mr. Irfan Ahmed, Advs. versus DDA ..... Respondent Through: Mr. S.C. Jha, Adv. for DDA CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) Late Shri R.K. Sharma, husband of the petitioner got himself registered with DDA under its New Pattern Registration Scheme, 1979 (NPRS-79) for allotment of a flat from the respondent-DDA. Shri R.K. Sharma expired on 27.7.1997. On this death, the petitioner applied for mutation of the registration in her name. After taking requisite documents from the petitioner, the DDA transferred the registration in her name, vide letter dated 13.11.2001 issued to her by the Senior Assistant Director, MIG (H), Vikas Sadan.2. In a draw of lot held on 30.7.2003, an MIG flat was allotted by the DDA and a demand letter bearing block dated 26.9.2003-6.10.2003 is stated to have been sent to the petitione...


Apr 30 2013

Ramesh Chand @ Rajesh Vs. State (Govt. of Nct) of Delhi

Court: Delhi

Decided on: Apr-30-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 206/2010 Reserved on:21. t February, 2013 Decided on:30. h April, 2013 % + SANJAY SHANKAR SWAMI @ SANJAY KUMAR ..... Appellant Through: Mr. Ajay Verma and Mr. Shiv Kumar Dwivedi, Advocates. versus STATE (NCT) OF DELHI ..... Respondent Through: Mr. Mukesh Gupta, APP for the State with SI Shiv Kumar, PS Punjabi Bagh. CRL.A. 873/2010 RAMESH CHAND @ RAJESH ..... Appellant Through: Mr. Anish Dhingra, Advocate. versus STATE (GOVT. OF NCT) OF DELHI ..... Respondent Through: Mr. Mukesh Gupta, APP for the State with SI Shiv Kumar, PS Punjabi Bagh. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By these appeals the Appellants lay a challenge to the judgment dated 3rd October, 2009 whereby they have been convicted for offences punishable under Section 392 read with Sections 34 IPC and 397 IPC and the order dated 7th October, 2009 whereby they have been directed to undergo rigorous imprisonment for 10 years along with fine of Rs. 5000/- each and in defa...


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