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Delhi Court May 2013 Judgments

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May 31 2013

Morgan Securities and Credits Pvt. Ltd. Vs. B P L Ltd.

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on :21. t May, 2013 Judgment Pronounced on:31. t May, 2013 % + Arb. A. No.9/2013 MORGAN SECURITIES & CREDITS PVT. LTD. ..... Appellant Through Mr.Harish Malhotra, Sr. Adv. with Mr.Simran Mehta, Ms.Yogita Sunaria and Mr.Tarun, Advs. versus B P L LTD. Through ..... Respondent Mr.Dhananjay Joshi, Adv. with Ms.Kavitha Damodaran and Ms.Mekhala, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. Prior to the present appeal, the appellant filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for interim protection, being OMP No.865/2012. The case set up in the said OMP against the respondent was that the respondent was generating such huge sums of money so as to divert several crores of rupees to its subsidiary companies, in such a short span of time. The appellant apprehends that the respondent is selling, disposing off and/or encumbering its assets. A s...


May 31 2013

Lt. Cdr. (Retd.) Daryao Singh Vs. Cbi

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :18. h APRIL, 2013 DECIDED ON :31. t MAY, 2013 + BAIL APPLICATION No.871/2012 LT. CDR. (RETD.) DARYAO SINGH ..... Petitioner Through : Mr.Nisit Kush, Advocate with Mr.S.K.Sharma, Advocate. versus CBI ..... Respondent Through : Mr.Manoj Ohri, Spl.P.P. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The petitioner- Daryao Singh seeks anticipatory bail under Section 438 Cr.P.C. in RC No.217, 2012/002/CBI/ACU-VI/New Delhi. The FIR was registered on the basis of source information against four persons and the petitioner is one of them.2. Allegations against the petitioner in the FIR are that in response to a public notice published in May, 1995 for development of farmhouse, the petitioner had submitted proposal. The said proposal did not materialise and the petitioner gave two more proposals. Thereafter, another proposal submitted by the petitioner was accepted. Letter of intent was issued on 22.11.1996. The price of land offered by t...


May 31 2013

H.K.Bharti Vs. Union of India and ors.

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: May 20, 2013 Judgment Pronounced on: May 31, 2013 + WP(C)No.4171/2012 H.K.BHARTI Represented by: .....Petitioner Mr.Rana Parveen Siddiqui, Advocate with Mr.Javed Ahmed and Mr.Eram Khan, Advocates versus UNION OF INDIA & ORS. Represented by: .....Respondents Mr.B.V.Niren, CGSC with Mr.Prasouk Jain, Advocate for R-1 Mr.Anas Tanwir, Advocate for Mr.Rajiv Nanda, ASC for R-2 Mr.V.K.Tandon, Advocate with Mr.Yogesh Saini, Advocate for R3 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. It was alleged against the petitioner that while functioning as Sales Tax Officer in the Enforcement Branch of the Sales Tax Department, Government of NCT of Delhi on July 24, 2002, he impounded truck not DL-1G-9270 carrying semi-refined paraffin wax. The consignee was M/s.Sunrise International Jaipur. But the driver of the truck informed him that the goods were meant to be unloaded at A-17, J...


May 31 2013

Vidur Impex and Traders Pvt. Ltd. and ors. Vs. Pradeep Kumar Khanna an ...

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % I.A. Nos. 20563/2012, 608/2013, 2049/2013 & 4433/2013 in CS(OS) 3195/2012 + Date of Decision:31. t May, 2013 # VIDUR IMPEX & TRADERS PVT. LTD. & ORS. ..... Plaintiffs Through: Mr. Sunil Gupta, Sr. Advocate with Mr. Manoj, Mr. Bijoy Kumar Jain & Mr. M.T. Reddy, Advocates VERSUS $ * PRADEEP KUMAR KHANNA & ORS. ..... Defendants Through: Mr. Sanjeev Anand, Mr. Yakesh Anand, Ms. Kajal Chandra, Ms. Sonam Anand, Mr. Nimit Mathur & Mr. Prateek Kumar, Advocates for D-1(i-iii) Dr. Abhishek Manu Singhvi, & Mr. Sanjay Jain, Sr. Advocates with Mr. M.S. Vinaik, Ms. Ruchi Jain & Mr. Deepak Bashta, Advocates for D-2 CORAM: HON'BLE MR. JUSTICE P.K.BHASIN P.K.BHASIN, J: Six plaintiffs in this suit are private limited Companies and they claim to have purchased property no. 21, Aurangzeb Road, New Delhi(hereinafter to be referred to as the suit property) from its erstwhile owner late Shri Pradeep Kumar Khanna(who is being represented in this suit by his widow an...


May 31 2013

Satish Kumar and anr. Vs. Prakash

Court: Delhi

Decided on: May-31-2013

* HIGH COURT OF DELHI AT NEW DELHI + F.A.O. No.162/2007 Decided on :31. t May, 2013 SATISH KUMAR & ANR. Through: Appellants Mr. Rajesh Yadav, Advocate. Versus PRAKASH Through: Respondent Mr. B.L.Madhukar, Adv. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. This order shall dispose of FAO No.162/2007 titled Satish Kumar & Anr. Vs. Prakash.2. Vide order dated 21.2.2007, the learned ADJ, Delhi dismissed the application u/O 3.Rule 1 and 2 CPC of the appellants/plaintiffs.3. Briefly stated the facts leading to the filing of the present appeal are that the appellant filed a suit for specific performance with consequential relief for permanent injunction against the respondent. It was alleged that in the month of May, 2005, the respondent had approached the appellants to sell their agricultural land bearing Khata No.25/21, Khasra No.16/26 (0-3), (1/2 share) and Khata No.24/10, in Khasra No.16/12/2 (1-6) total area measuring 3 bighas 15 biswas and 10 biswansi situated in the revenue est...


May 31 2013

Mohd. Yusuf Vs. State

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:17. h May, 2013 Date of Decision:31. t May, 2013 % + CRL.A. 196/2001 MOHD. YUSUF ..... Appellant Through Mr Harendra Singh, Adv.(amicus curiae) versus STATE ..... Respondent Through Ms Jasbir Kaur, APP with SI Hukam Singh, PS Seema Puri CORAM: MR. JUSTICE R.V. EASWAR JUDGMENT R.V. EASWAR, J.: This is an appeal under section 374(2) of the Cr.P.C. against the judgment dated 19.12.2000 passed by the trial court convicting the appellant Mohd. Yusuf, S/o Mahmood Khan R/o 418, Juggi, New Seemapuri, Delhi under section 307 of the Indian Penal Code and the sentence dated 20.12.2000 awarding RI of 7 years and fine of `4,000/- and in default to undergo further RI of one year, with benefit under Section 428 of the Cr.P.C.2. The appeal arises this way. On the night of 11.8.1999 one Mohd. Aziz was returning home and near the police booth of New Seemapuri met his friend Muzammil. Both of them decided to have a cup of tea and went to the khoka in ...


May 31 2013

Commissioner of Income Tax Vs. M/S Delhi Press Patra Prakashan

Court: Delhi

Decided on: May-31-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:31. 05.2013 ITA 1732/2006 COMMISSIONER OF INCOME TAX ....Appellant versus M/S DELHI PRESS PATRA PRAKASHAN .Respondent ITA 1733/2006 COMMISSIONER OF INCOME TAX ..... Appellant versus M/S DELHI PRESS PATRA PRAKASHAN ..... Respondent ITA 1734/2006 COMMISSIONER OF INCOME TAX ..... Appellant versus M/S DELHI PRESS PATRA PRAKASHAN ..... Respondent ITA 451/2010 COMMISSIONER OF INCOME TAX-IV ..... Appellant versus M/S DELHI PRESS PATRA PRAKASHAN LTD ..... Respondent ITA 779/2010 COMMISSIONER OF INCOME TAX-IV ..... Appellant versus M/S DELHI PRESS PATRA PRAKASHAN LTD ..... Respondent Advocates who appeared in this case: For the Appellant : Mr N.P. Sahni. For the Respondent : Mr O.P. Dua, Sr. Adv. with Ms Babita CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J 1.These are appeals which have been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (hereinafter refer...


May 31 2013

Reliace Broadcast Network Ltd. Vs. Delhi Metro Rail Corporation Ltd.

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:29. h April, 2013 Judgment Pronounced on:31. t May, 2013 % + ARB.P. 395/2012 RELIANCE BROADCAST NETWORK LTD. ..... Petitioner Through: Mr. Rajiv Nayar, Sr.Adv. with Mr. Ajay Bhargava, Mr. Kunal Tandon & Mr. V.Gupta, Advocates versus DELHI METRO RAIL CORPORATION LTD. ..... Respondent Through: Mr. Tarun Johri, Advocate + ARB.P. 359/2012 RELIANCE BROADCAST NETWORK LTD. ..... Petitioner Through: Mr. Rajiv Nayar, Sr.Adv. with Mr. Ajay Bhargava, Mr. Kunal Tandon & Mr. V.Gupta, Advocates versus DELHI METRO RAIL CORPORATION LTD. ..... Respondent Through: Mr. Tarun Johri, Advocate + ARB.P. 393/2012 RELIANCE BROADCAST NETWORK LTD. ..... Petitioner Through: Mr. Rajiv Nayar, Sr.Adv. with Mr. Ajay Bhargava, Mr. Kunal Tandon & Mr. V.Gupta, Advocates versus DELHI METRO RAIL CORPORATION LTD. ..... Respondent Through: Mr. Tarun Johri, Advocate + ARB.P. 394/2012 RELIANCE BROADCAST NETWORK LTD. ..... Petitioner Through: Mr. Rajiv Nayar, Sr.Ad...


May 31 2013

Vidur Impex and Traders Pvt. Ltd. and ors. Vs. Pradeep Kumar Khanna an ...

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % I.A. Nos. 20563/2012, 608/2013, 2049/2013 & 4433/2013 in CS(OS) 3195/2012 + Date of Decision:31. t May, 2013 # VIDUR IMPEX & TRADERS PVT. LTD. & ORS. ..... Plaintiffs Through: Mr. Sunil Gupta, Sr. Advocate with Mr. Manoj, Mr. Bijoy Kumar Jain & Mr. M.T. Reddy, Advocates VERSUS $ * PRADEEP KUMAR KHANNA & ORS. ..... Defendants Through: Mr. Sanjeev Anand, Mr. Yakesh Anand, Ms. Kajal Chandra, Ms. Sonam Anand, Mr. Nimit Mathur & Mr. Prateek Kumar, Advocates for D-1(i-iii) Dr. Abhishek Manu Singhvi, & Mr. Sanjay Jain, Sr. Advocates with Mr. M.S. Vinaik, Ms. Ruchi Jain & Mr. Deepak Bashta, Advocates for D-2 CORAM: HON'BLE MR. JUSTICE P.K.BHASIN P.K.BHASIN, J: Six plaintiffs in this suit are private limited Companies and they claim to have purchased property no. 21, Aurangzeb Road, New Delhi(hereinafter to be referred to as the suit property) from its erstwhile owner late Shri Pradeep Kumar Khanna(who is being represented in this suit by his widow an...


May 31 2013

Schenker India Pvt. Ltd. Vs. Searir Transport System

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: May 31, 2013 + Arb.P.No.95/2013 SCHENKER INDIA PVT LTD ..... Petitioner Through Mr.Ashutosh Dubey, Adv. with Mr.Abhishek Chauhan, Adv. versus SEARIR TRANSPORT SYSTEM ..... Respondent Through Mr.Rakesh K.Gupta, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for appointment of sole Arbitrator. The facts as per the petition read as under:(i) The petitioner and the respondent entered into a Cargo Sales Agency Agreement dated 1 st February, 1999 for facilitating business transactions, pertaining to ocean import, ocean export and air import shipments, wherein the respondent Company was to be acting for the petitioner in the State of Punjab. (ii) The agreement was terminated by mutual consensus vide e-mail dated 12th May, 2011, thereby stating the date of term...


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