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Delhi Court April 2013 Judgments

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Apr 23 2013

Savita Gupta Vs. the New India Assurance Company Ltd.

Court: Delhi

Decided on: Apr-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.2609/2013 % April 23, 2013 SAVITA GUPTA Through: ..... Petitioner Ms. Biji Rajesh, Advocate with Mr. Gaurang Kanth, Advocate. versus THE NEW INDIA ASSURANCE COMPANY LTD. Through: CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed by the petitioner, who is an employee of the respondent- New India Assurance Company Limited, challenging the orders dated 4.4.2013, 2.4.2013, 16.4.2013 and 18.4.2013 to the limited extent that though promotion in terms of these orders be given, however the petitioner be not transferred from Delhi to Mathura consequent to her being promoted.2. Counsel for the petitioner urges that the petitioner being a lady officer should be accommodated by not being transferred from Delhi to Mathura which is at a distance of 160 Km. It is also argued that as per the transfer policy of the respondent an employee who has ...


Apr 23 2013

Narender Singh Vs. State

Court: Delhi

Decided on: Apr-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No. 560/1999 Date of decision:23. d April, 2013 NARENDER SINGH Through: ..... Appellant Mr.J.S. Kushwaha, Adv. versus STATE Through: ..... Respondent Ms.Richa Kapoor, APP. S.I. R.S. Ahlawat. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE VED PRAKASH VAISH SANJIV KHANNA, J.: (ORAL) Narender Singh, by the impugned judgment dated 13.9.1999 has been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as IPC) for having committed murder of Sangeeta on 7th August, 1997. The appellant is also being convicted, under Section 354 and 201 IPC, but has been acquitted from the charge under Section 376 IPC. State has not preferred a leave to appeal against acquittal of the appellant under Section 376 IPC. By order of sentence dated 18.9.1999 for the offence under Section 302 IPC, the appellant has been sentenced to life imprisonment with fine of Rs.500/- , in default of which, the appellant has ...


Apr 23 2013

Rajender Prasad Vs. National Human Rights Commission

Court: Delhi

Decided on: Apr-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :15. 04.2013 Judgment pronounced on :23. 04.2013 LPA 375/2009 RAJENDER PRASAD Through: ..... Appellant Mr. Shivanath Mahanta, Advocate. versus NATIONAL HUMAN RIGHTS COMMISSION ..... Respondent Through: Mr. R.V. Sinha and Mr. A.S. Singh, Advocates. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. The appellant before us, having taken voluntary retirement from Army, applied to the respondent-National Human Rights Commission (NHRC) for appointment to the post of Constable. Vide Office Memorandum dated 30th April, 1996 the appellant was offered appointment on contractual basis on the terms and conditions stipulated in the said Office Memorandum. One of the conditions stipulated in the Office Memorandum was that the appointment would be on contractual basis for a period of one year from the date he assumed charge. Pursuant to the said Office Memorandum, the appellant joined NHRC on the same date...


Apr 23 2013

Om Prakash Vs. Delhi Development Authority

Court: Delhi

Decided on: Apr-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:23. 04.2013 W.P.(C) 2608/2013 OM PRAKASH ..... Petitioner Through: Mr Rajeshwar Dagar and Mr Swastik Singh, Advs. versus DELHI DEVELOPMENT AUTHORITY Through: None ..... Respondent CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) CM No. 4938/2013 Exemption allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 2608/2013 and CM No. 4937/2013 (stay) 1. The agricultural land of the petitioner having been acquired for planned development of Delhi, he applied for an alternative plot under the Scheme framed on 02.05.1961 by the Government of India for large scale acquisition development and disposal of land in Delhi. A recommendation was made by Government of NCT of Delhi to DDA for allotment of a plot measuring 80 square yards to the petitioner. However, instead of allotting a plot measuring 80 square yards, DDA allotted a plot measuring 45 square metre to the petitioner. The petitione...


Apr 23 2013

Commissioner of Income Tax-iv Vs. M/S Dhoomketu Builders and Developme ...

Court: Delhi

Decided on: Apr-23-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + + Judgment delivered on:23. 04.2013 ITA 528/2012 ITA 529/2012 COMMISSIONER OF INCOME TAX-IV .......Petitioner versus M/S DHOOMKETU BUILDERS & DEVELOPMENT PVT. LTD. .......Respondents Advocates who appeared in this case: For the Petitioner For the Respondent : Mr N. P. Sahni, Sr. Standing Counsel. : Mr Ajay Vohra with Ms Kavita Jha, Mr Vaibhav Kulkarni and Mr Somnath Shukla, Advocates. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT R.V.EASWAR, J 1.These are two appeals filed by the revenue, both relating to the assessment year 2006-07 and they are directed against the common order dated 30.11.2011 passed by the Income Tax Appellate Tribunal, Delhi Bench B in cross appeals filed by the revenue and the assessee.2. The brief facts giving rise to the appeals are these. The assessee is a company incorporated on 22.08.2005 and according to its memorandum of association, it was to carry on the business of real estate de...


Apr 23 2013

Rural Electrification Corporation Ltd. Vs. Commissioner of Income Tax- ...

Court: Delhi

Decided on: Apr-23-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 04.2013 W.P.(C) 7944/2011 RURAL ELECTRIFICATION CORPORATION LTD. ..... Petitioner versus COMMISSIONER OF INCOME TAX-(LTU) AND ANR ..... Respondents AND + W.P.(C) 7945/2011 RURAL ELECTRIFICATION CORPORATION LTD. ..... Petitioner versus COMMISSIONER OF INCOME TAX-(LTU) AND ANR ..... Respondents AND + W.P.(C) 7946/2011 RURAL ELECTRIFICATION CORPORATION LTD. ..... Petitioner versus COMMISSIONER OF INCOME TAX-(LTU) AND ANR ..... Respondents AND + W.P.(C) 7947/2011 RURAL ELECTRIFICATION CORPORATION LTD. ..... Petitioner versus COMMISSIONER OF INCOME TAX-(LTU) AND ANR W.P.(C) Nos. 7944/11, 7945/11, 7946/11 & 7947/11 Advocates who appeared in this case: For the Petitioner : Mr M.S. Syali, Sr. Advocate with Mr Satyen Sethi, Mr Mayank Nagi and Mr Arta Trana Panda, Advocates. For the Respondent : Mr Kiran Babu, Sr. Standing Counsel. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT BADAR DURREZ AHM...


Apr 23 2013

Mohd AmIn Khan Vs. State

Court: Delhi

Decided on: Apr-23-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 486/2010 & Crl.M.B. 648/2012 Reserved on:16. h January, 2013 Decided on:23. d April, 2013 % MOHD AMIN KHAN Through ..... Appellant Mr. M.M. Khan, Adv. versus STATE ..... Respondent Through Mr. Mukesh Gupta, APP with Inspector Umesh Barthwal, PS Spl. Cell. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present appeal, the Appellant challenges the judgment dated 18th February, 2010 whereby he has been convicted for offences under Section 120B read with Section 122 IPC, Section 122 read with Section 120B IPC and Section 40 Unlawful Activities (Prevention) Act, (in short UAP Act) and the order on sentence dated 25th February, 2010 whereby he has been directed to undergo rigorous imprisonment for a period of 10 years and a fine of Rs. 10,000/- under Section 122 IPC read with Section 120B IPC; and 5 years and a fine of 10,000/- under Section 120B read with Section 122 IPC and 10 years rigorous imprisonment with Rs. 10,000/- as fine under Se...


Apr 23 2013

Rural Electrification Corporation Ltd. Vs. Commissioner of Income Tax- ...

Court: Delhi

Decided on: Apr-23-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:23. 04.2013 W.P.(C) 7944/2011 RURAL ELECTRIFICATION CORPORATION LTD. ..... Petitioner versus COMMISSIONER OF INCOME TAX-(LTU) AND ANR ..... Respondents AND + W.P.(C) 7945/2011 RURAL ELECTRIFICATION CORPORATION LTD. ..... Petitioner versus COMMISSIONER OF INCOME TAX-(LTU) AND ANR ..... Respondents AND + W.P.(C) 7946/2011 RURAL ELECTRIFICATION CORPORATION LTD. ..... Petitioner versus COMMISSIONER OF INCOME TAX-(LTU) AND ANR ..... Respondents AND + W.P.(C) 7947/2011 RURAL ELECTRIFICATION CORPORATION LTD. ..... Petitioner versus COMMISSIONER OF INCOME TAX-(LTU) AND ANR W.P.(C) Nos. 7944/11, 7945/11, 7946/11 & 7947/11 Advocates who appeared in this case: For the Petitioner : Mr M.S. Syali, Sr. Advocate with Mr Satyen Sethi, Mr Mayank Nagi and Mr Arta Trana Panda, Advocates. For the Respondent : Mr Kiran Babu, Sr. Standing Counsel. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT BADAR DURREZ AHM...


Apr 23 2013

Ram Babu Vs. State

Court: Delhi

Decided on: Apr-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :10. h APRIL, 2013 DECIDED ON :23. d APRIL, 2013 + CRL.A. 655/2001 RAM BABU Through : ....Appellant Mr.Satya Narayan, Advocate. versus STATE Through : .Respondent Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The appellant- Ram Babu challenges judgment dated 18.08.2001 in Sessions Case No.115/1999 arising out of FIR No. 155/1999, PS Model Town by which he was held guilty for committing offences under Sections 376/506 IPC and sentenced to undergo RI for eight years with fine ` 5,000/- under Section 376 IPC. He was further sentenced to undergo RI for six months under Section 506 IPC. Both the sentences were to operate concurrently.2. Allegations against the appellant were that on the night intervening 22/23.03.1999 at about 03.00 A.M. at jhuggi No.431, School Wali Gali, Derawal Nagar, he committed rape upon prosecutrix X (assumed name) and criminally intimidated her. The prosecution examined ten witnesses to s...


Apr 23 2013

Naik Sh. S.L.Mauriya Vs. Chairman, Gandhi Samiti and Darshan Samiti an ...

Court: Delhi

Decided on: Apr-23-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 20033/2004 23rd April, 2013 NAIK SH. S.L.MAURIYA Through: ......Petitioner Ms. Deepali Gupta, Advocate. VERSUS CHAIRMAN, GANDHI SAMITI & DARSHAN SAMITI & ANR. ...... Respondents Through: Dr. A.Francis Julian, Sr. adv. with Mr. Danish Zubair Kha, Adv. for R-1. Mr. Dinesh Sharma, Adv. for Mr. Sachin Datta, Advocate for R-2/UOI. 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 the petitioner, an ex-serviceman, who was appointed as a driver by the respondent no.1. The case as set up in the petition is that the petitioner was appointed from time to time on adhoc basis initially from 5.8.1997, and thereafter, he was also appointed on contract basis firstly in the year 2000 and thereafter from time to time he was given further adhoc appointments. The petitioner contends that petitioner has been wrongly terminated from service and he is entitled ...


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