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Delhi Court July 2013 Judgments

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Jul 30 2013

Anand Datwani and anr Vs. Janak Datwani and ors

Court: Delhi

Decided on: Jul-30-2013

$~2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:30. h July, 2013 + FAO(OS) 57/2013 CNA EXPORTS PVT LTD AND ORS ..... Appellants Through : Mr. Rajat Navet and Mr. Suresh Singh, Advs. versus DAYAL D SHAHDADPURI AND ORS ..... Respondents Through : + Mr. Vivek Sharma, Mr. Akhil Sachar and Ms. Mamta Sharma, Advs. for R-3. Mr. Ayush Agrawal, Adv. for R-2/Janak Datwani. FAO(OS) 60/2013 ANAND DATWANI AND ANR ..... Appellants Through : Mr. Rajat Navet and Mr. Suresh Singh, Advs. versus JANAK DATWANI AND ORS ..... Respondent Through : FAO(OS)57/2013 & FAO(OS)60/2013 Mr. Vivek Sharma, Mr. Akhil Sachar and Ms. Mamta Sharma, Page 1 Advs. for R-3. Ms. Diya Kapur, Adv. for R-4. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) 1. The present common judgment will dispose off two appeals being FAO(OS) Nos. 57/2013 and 60/2013, both connected against common judgment and order of 3rd January, 2013.2. By the impugned judgm...


Jul 30 2013

Anil Kumar Rai Vs. Union of India and ors.

Court: Delhi

Decided on: Jul-30-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.3765/2013 Date of decision:30. h July, 2013 % ANIL KUMAR RAI Through ..... Petitioner Mr.Sanjay Sharma, Adv. with Mr.R.D. Upadhyay, Adv. versus UNION OF INDIA & ORS. Through .... Respondents Mr.Anuj Aggarwal, Adv. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J (ORAL) 1. The petitioner in the instant case was tried by a Summary Security Force Court in respect of an alleged incident dated 1st January, 1999. By a charge-sheet dated 12th October, 1999, the following charges were issued against the petitioner:First Charge BSF Act 1968 Sec.20(a) Using Criminal Force to his Superior Officer In that he, at BOP Ranian on 4.1.99 at about 2100 hrs struck with their fist on the body of No.66577167 Subedar Harbhajan Singh of the same Coy and dragged him out side from the room by pulling his hair. First Charge BSF Act 1968 Sec.22(a) Neglecting to Obey local order In that he, at BOP Ranian on 4.1.99 at a...


Jul 30 2013

Cna Exports Pvt Ltd and ors Vs. Dayal D Shahdadpuri and ors

Court: Delhi

Decided on: Jul-30-2013

$~2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:30. h July, 2013 + FAO(OS) 57/2013 CNA EXPORTS PVT LTD AND ORS ..... Appellants Through : Mr. Rajat Navet and Mr. Suresh Singh, Advs. versus DAYAL D SHAHDADPURI AND ORS ..... Respondents Through : + Mr. Vivek Sharma, Mr. Akhil Sachar and Ms. Mamta Sharma, Advs. for R-3. Mr. Ayush Agrawal, Adv. for R-2/Janak Datwani. FAO(OS) 60/2013 ANAND DATWANI AND ANR ..... Appellants Through : Mr. Rajat Navet and Mr. Suresh Singh, Advs. versus JANAK DATWANI AND ORS ..... Respondent Through : FAO(OS)57/2013 & FAO(OS)60/2013 Mr. Vivek Sharma, Mr. Akhil Sachar and Ms. Mamta Sharma, Page 1 Advs. for R-3. Ms. Diya Kapur, Adv. for R-4. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) 1. The present common judgment will dispose off two appeals being FAO(OS) Nos. 57/2013 and 60/2013, both connected against common judgment and order of 3rd January, 2013.2. By the impugned judgm...


Jul 30 2013

Suresh Vs. State

Court: Delhi

Decided on: Jul-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : July 30, 2013 + CRL.A. 656/2010 SURESH Through : ..... Appellant Ms.Charu Verma, Adv. versus STATE (NCT OF DELHI) .......Respondent Through : Ms.Richa Kapoor, APP. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P. MITTAL G. S. SISTANI, J.(Oral) 1. Present appeal, filed under Section 374(2) of the Code of Criminal Procedure, is directed against the judgment dated 29.10.2009 and the order on sentence dated 03.11.2009, whereby the appellant, Suresh, has been held guilty by the trial court for the offence punishable under Sections 363/302/201 IPC and directed to undergo rigorous imprisonment for life and pay a fine of Rs.50,000/- under Section 302 IPC and further sentenced to rigorous imprisonment for a period of seven years and pay a fine of Rs.5,000/- under Section 363 of IPC. Appellant was also sentenced to undergo rigorous imprisonment for a period of three years and pay a fine of Rs.3,000/- under Section 201 ...


Jul 29 2013

Smit Rajput and anr Vs. Guru Gobind Singh Indraprastha University and ...

Court: Delhi

Decided on: Jul-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :24. 07.2013 Judgment pronounced on :29. 07.2013 W.P.(C) 3952/2013 SMIT RAJPUT & ANR Through: ..... Petitioners Mr. Manoj Goel, Mr. Shuvodeeep Roy and Mr. Gopal Verma, Advs. versus GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY & ORS. ..... Respondents Through: Mr.Mukul Talwar with Mr.Sradhananda Mohapatra, Advocate for GGSIPU. Mr.S.D.Salwan, Advocate for the respondent nos. 7 to 16 Mr.Mohinder J.S.Rupal, Advocate for respondent/University of Delhi Mr. Rajeeve Mehra, ASG with Mr.Roshan Lal Goel, Advocate for respondent No.4/UOI Dr.Rakesh Gosain, Advocate for respondent No.6. Ms. Sana Ansari for Ms. Zubeda Begum, Advocate for resp. No. 2 Mr. Ashish Kumar, Adv. for MCI CORAM: HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. Prior to the current academic year, the admissions to various Post Graduate courses were being made by, drawing students from two different sources, on the basis of two different entrance examinations, one bei...


Jul 29 2013

Ester Industries Ltd Vs. Commissioner of Income Tax

Court: Delhi

Decided on: Jul-29-2013

$~17. * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL NO. 574/2009 Date of decision:29. h July, 2013 ESTER INDUSTRIES LTD ..... Appellant Through Mr. R. Santhanam, Advocate. versus COMMISSIONER OF INCOME TAX ..... Respondent Through Mr. Sanjeev Sabharwal, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): This appeal by the assessee-M/s Ester Industries Limited impugns order of the Income Tax Appellate Tribunal dated 14th December, 2007, which relates to Assessment Year 1997-98.2. Learned counsel for the appellant submits that adjustments required for computing book profits under Section 115JA of the Income Tax Act, 1961 (Act, for short) have been wrongly made by the Assessing Officer and benefit of Section 80HHC has not been granted.3. For the assessment year in question, the assessee had filed return on 28th November, 1997 declaring nil taxable income under the normal provisions. ITA No. 574/2009 ...


Jul 29 2013

Jai Sujanti Vs. Smt Sudarshan Chadha and anr

Court: Delhi

Decided on: Jul-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h July, 2013. + RFA 303/2013 & CM No.10023/2013 (for stay) JAI SUJANTI Through: ......... Appellant Ms. Savita Aggarwal, Adv. Versus SMT SUDARSHAN CHADHA & ANR ..... Respondents Through: Mr. Lalit Bhasin & Mr. Sanjay Gupta, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree (of the Court of Additional District Judge (Central)-10 in suit No.1250/2008) dated 15.05.2013, on admissions, of ejectment of the appellant from a portion of property not A-69, Gulmohar Park, New Delhi; inquiry into mesne profits / damages for use and occupation is underway.2. The appeal came up first before this Court on 08.07.2013 when even though prima facie no merit was found therein but being a first appeal, the Trial Court record was requisitioned and notice issued to the respondents.3. The Trial Court record has been perused and the counsel for the appellant has been heard.4. Th...


Jul 29 2013

Nimisha Vs. Saurabh Srivastava

Court: Delhi

Decided on: Jul-29-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI IPA No. 18 of 2012 NIMISHA ..... Petitioner Through: Mr. Manish Gandhi, Advocate. versus SAURABH SRIVASTAVA ..... Respondent Through: Mr. Sanjiv K. Jha, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER 29 07.2013 IA No. 14517 of 2012 (under Order XXXIII read with Section 151 CPC) 1. The Plaintiff has filed the present suit under Section 18(2) of the Hindu Adoption and Maintenance Act,1956 (HAMA) against her husband, the Defendant herein, for a decree of maintenance in the sum of Rs.40,000 per month besides litigation expenses.2. The Plaintiff claims that she is unable to pay the court fees and litigation expenses and has accordingly filed IA No. 14517 of 2012 under Order XXXIII Rule 1A CPC seeking permission to sue as an indigent.3. When the matter was first listed on 13th August 2012 the Court directed listing of the application under Order XXXIII Rule 1A before the Joint Registrar (JR) for making enquiry regarding the alleged indigence of the Petit...


Jul 29 2013

Rakesh Bhatnagar Vs. Central Bureau of Investigation

Court: Delhi

Decided on: Jul-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:26. h July, 2013 Pronounced on:29th July, 2013 + Crl. M.C. 1077/2012 RAKESH BHATNAGAR Through: ..... Petitioner Mr. Ramesh Gupta Senior Advocate with Mr. Hrishikesh Baruah, Advocate versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Ms. Sonia Mathur, Standing Counsel for CBI with IO Mr. Bodh Raj Hans. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. By virtue of this Petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, the Petitioner seeks to challenge an order dated 08.11.2011 passed by the learned Special Judge whereby charges for the offence punishable under Section 120-B read with Sections 419/420/467/468/471 IPC and under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (the P.C. Act) was ordered to be framed against the Petitioner.2. The prosecution was launched against the Petitioner on the basis of allegat...


Jul 29 2013

Mohan Lal and anr. Vs. State Thr. Cbi

Court: Delhi

Decided on: Jul-29-2013

$* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :29. h JULY, 2013 + CRL.M.C. 932/2012 & CRL.M.A. 3263/2012 MOHAN LAL & ANR. Through : ..... Petitioners Mr. R.P.Shukla, Advocate. versus STATE THR. CBI ..... Respondent Through : Ms.Sonia Mathur, Advocate. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Present petition under Section 482 Cr.P.C. has been preferred to quash proceedings in Complaint Case No. 13/2006 titled CBI vs. B.N.Dhawan & Ors.. It is contested by CBI. I have heard the learned counsel for the parties and have examined the Trial Court record minutely. RC DST/2005/S/0008 was registered in STF, CBI on 14.12.2005 against officials of Registrar Co-operative Housing Societies, Govt. of NCT Delhi and Ors. Enquiries were made in PE No. 4(E) 2005/EOW-1/Delhi dated 08.08.2005 in compliance of the orders of this Court in Crl.Writ Petition No. 10066/2004. After completion of investigation, a charge-sheet under Section 120B read with Section 420/468/471 IPC and ...


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