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Delhi Court May 2013 Judgments

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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

Cico Technologies Ltd. Vs. M/S Shriram Enterprises and ors.

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:14. h May, 2013 Judgment delivered on:31. t May, 2013 % + Arb.P.No.342/2012 CICO TECHNOLOGIES LTD ..... Petitioner Through Mr.Ramesh Singh, Adv. with Ms.Megha Mukerjee, Adv. versus M/S SHRIRAM ENTERPRISES & ORS ..... Respondents Through Mr.Ravi Gupta, Sr.Adv. with Mr.Mohit Gupta, Mr.Aditya Singh & Mr.Aman Garg, Advs. + O.M.P. No.786/2012 CICO TECHNOLOGIES LTD ..... Petitioner Through Mr.Ramesh Singh, Adv. with Ms.Megha Mukerjee, Adv. versus M/S SHRIRAM ENTERPRISES & ORS ..... Respondents Through Mr.Ravi Gupta, Sr.Adv. with Mr.Mohit Gupta, Mr.Aditya Singh & Mr.Aman Garg, Advs. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By this order, I propose to decide the two petitions filed by the petitioner, CICO Technologies Ltd.; the first one is under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) being Arb.P.No.342/2012 for appointment of sole Arbitrator, and second p...


May 31 2013

State Vs. Vinod@pandit

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 547/2011 Judgment delivered on:31. 05.2013 STATE ..... Petitioner Through: Mr. Naveen Sharma, APP for the State Versus VINOD@PANDIT Through: ..... Respondent Mr. G.C. Mishra, Advocate. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR 1 By this petition filed under Section 397of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr. P. C.) the State seeks to challenge the impugned order dated 11.3.2011 passed by the Court of Additional Sessions Judge, Delhi whereby the learned Additional Sessions Judge declared the accused respondent a juvenile at the time of commission of the alleged offence.2. Briefly stating the facts of the present case, the responded is accused in FIR bearing No. 439/09 registered under Sections 302/397/34 IPC and FIR No. 529/09. To prove his juvenility on the date of commission of the alleged offence i.e. on 30.10.2009, the accused respondent had filed before the Court of Additional Sessions Judge, the cop...


May 31 2013

A.S. Ravi Vs. Union of India and ors.

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No.2969/1997 31st May, 2013 A.S. RAVI Through: ......Petitioner Mr. P.K. Bajaj, Advocate. VERSUS UNION OF INDIA AND ORS. Through: ...... Respondents Mr. Ruchir Mishra, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) C.M. No.7225/2013 (restoration) For the reasons stated in the application, same is allowed and writ petition is restored to its original number. C.M. stands disposed of. + W.P.(C) No.2969/1997 1. This writ petition is filed by the petitioner-Mr. A.S. Ravi seeking two reliefs. First relief prayed for is to appoint the petitioner as an Assistant Director of the respondent No.3-Indian Institute of Packaging (hereinafter referred to as respondent-Institute). Second relief claimed is for payment to the petitioner of bonus/share in consultancy income, over time allowance and risk allowance.2. So far as the relief claimed for appointment to the post of Assista...


May 31 2013

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

Court: Delhi

Decided on: May-31-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:31. 05.2013 ITR 49-50/1996 COMMISSIONER OF INCOME TAX ..... Appellant versus M/S DELHI PRESS PATRA PRAKASHAN LTD + .. Respondent ITA 151/2002 COMMISSIONER OF INCOME TAX-IV ..... Appellant versus DELHI PRESS PATRA PRAKASHAN LTD + ..... Respondent ITA 302/2002 COMMISSIONER OF INCOME TAX-IV ..... Appellant versus DELHI PRESS PATRA PRAKASHAN LTD + ..... Respondent ITA 480/2005 COMMISSIONER OF INCOME TAX-IV ..... Appellant versus 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 three appeals and a reference which involve similar issues and thus have been taken up together. ITR Nos. 49-50/1996 are cross references, one made by the assessee and the other preferred on behalf of the revenue again...


May 31 2013

Vijay Prakash Gupta Vs. J.N. Prasad

Court: Delhi

Decided on: May-31-2013

* HIGH COURT OF DELHI AT NEW DELHI + RSA No.266 OF 200.& CM No.14449/2007 Decided on :31. t May, 2013 VIJAY PRAKASH GUPTA Through: Appellant Mr.Hameed Shaikh, Mr.Amar Pal and Ms. Nisha Rawat, Advs. Versus Respondent J.N. PRASAD Through : None CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. This is a regular second appeal filed by the appellant against the judgment dated 18.8.2007 dismissing RCA No.21/2005 titled Sh.Vijay Prakash Gupta (deceased) Thr. LRs Vs. Sh.J.N.Prasad (deceased) Thr. LRs.2. Briefly stated the facts of the case are that the respondent/J.N.Prasad (since deceased) had filed a suit for permanent and mandatory injunction against the appellant(since deceased) and against the respondent nos. 6 and 7 in respect of a godown situated at the back side of shop No.3356-7, Hauz Quazi, opposite Police Station no.2, Delhi-06 and the staircase leading towards the said godown. It was alleged in the plaint that originally M/s Ram Richpal Mal Ghasi Ram were the tenants in the su...


May 31 2013

Mohd. Saleem Vs. the State

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL NO. 484/2011 Reserved on:7. h May, 2013 Date of Decision:31. t May, 2013 % MOHD. SALEEM ..... Appellant Through Mr. R. M. Tufail and Mr. Vishal Raj Sehijpal, Advocates. Versus THE STATE ..... Respondent Through Ms. Richa Kapoor, APP for the State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE VED PRAKASH VAISH SANJIV KHANNA, J:1. Mohd. Saleem by this appeal challenges his conviction under Section 302 read with Section 34 Indian Penal Code, 1860 (IPC) for having caused death of Head Constable Naresh; Section 307 read with Section 34 IPC for having attempted to cause death of ASI Jagpal; Section 427 for causing damage to the PCR van i.e. public property and under Sections 4 and 5(1) of Delhi Agricultural Cattle Preservation Act for transporting and selling cow meat. By order on sentence dated 25th March, 2011, for the offence under Section 302 IPC the appellant has been sentenced to life imprisonment; under Sectio...


May 31 2013

Mukesh Kumar Gupta Vs. State Thr.Cbi

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :13. h MAY, 2013 DECIDED ON :31. t MAY, 2013 + CRL.A. 1037/2012 & CRL.M.B.Nos.285/2013 & 1633/2012 BAIJ NATH MITTAL Through : ..... Appellant Ms.Rebecca M.John, Sr.Advocate with Mr.Kushdeep Gaur & Mr.Harsh Bora, Advocates. versus STATE THR.C.B.I. Through : ..... Respondent Ms.Rajdipa Behura, Spl.P.P. AND + CRL.A. 1090/2012 & CRL.M.B.1701/2012 MUKESH KUMAR GUPTA Through : ..... Appellant Mr.Vishal Gosain, Advocate with Mr.Kushdeep Gaur & Mr.Harsh Bora, Advocates. versus STATE THR.CBI Through : ..... Respondent Ms.Rajdipa Behura, Spl.P.P. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.CRL.M.B.Nos.285/2013 & 1633/2012 in CRL.A.1037/2012 & CRL.M.B.1701/2012 in CRL.A.1090/2012 1. The appellants- Baij Nath Mittal and Mukesh Kumar Gupta seek suspension of sentence under Section 389 Cr.P.C. I have heard the counsel for the appellants and learned Spl.P.P. Apparently, allegations against the appellants are very serious whereby they allegedly...


May 31 2013

Hillcrest Realty Sdn Bhd Vs. Hotel Queen Road Pvt. Ltd. and ors.

Court: Delhi

Decided on: May-31-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI CO.A. (SB) 4 of 2006 Reserved on: April 30, 2013 Decision on: May 31, 2013 HILLCREST REALTY SDN BHD ..... Appellant Through: Mr. Jayant Bhushan, Senior Advocate with Mr. Mohit Chaudhary, Advocate. versus HOTEL QUEEN ROAD PVT. LTD. & ORS. ..... Respondents Through: Mr. Harsh Sharma, Advocate for R-1. Mr. Arun Kathpalia, Mr. Jayant K. Mehta and Ms. Pragya Singh, Advocates for Mr. Ashok Mittal. Ms. Tanu Priya Gupta, Advocate for South Indian Bank. Mr. Aman Lekhi, Senior Advocate with Mr. Atul Sharma and Mr. Nitesh Jain, Advocates for R.P. Mittal Group. Mr. V. Kanagaraj, Senior Advocate with Mr. Gautam Dhamija, Advocate for Respondent No.3 Ms. Nidhi Mehrotra, Advocate for R-6. Mr. Mayank Bansal, Advocate for IOB with Mr. Deepak Sudan, AGM and Mr. Vivek Dixit, Senior Manager. WITH CO.A (SB) 5 of 2006 HOTEL QUEEN ROAD PVT. LTD. & ORS. .....Appellants Through: Mr. Harsh Sharma, Advocate for Appellant No.1. Mr. Arun Kathpalia, Mr. Jayant K. Mehta and Ms....


May 31 2013

Commissioner of Income Tax-iv Vs. Delhi Press Patra Prakashan Ltd

Court: Delhi

Decided on: May-31-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:31. 05.2013 ITR 49-50/1996 COMMISSIONER OF INCOME TAX ..... Appellant versus M/S DELHI PRESS PATRA PRAKASHAN LTD + .. Respondent ITA 151/2002 COMMISSIONER OF INCOME TAX-IV ..... Appellant versus DELHI PRESS PATRA PRAKASHAN LTD + ..... Respondent ITA 302/2002 COMMISSIONER OF INCOME TAX-IV ..... Appellant versus DELHI PRESS PATRA PRAKASHAN LTD + ..... Respondent ITA 480/2005 COMMISSIONER OF INCOME TAX-IV ..... Appellant versus 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 three appeals and a reference which involve similar issues and thus have been taken up together. ITR Nos. 49-50/1996 are cross references, one made by the assessee and the other preferred on behalf of the revenue again...


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