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Delhi Court July 2013 Judgments

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Jul 11 2013

Arvind Sharma Vs. Govt.of Nct Delhi and ors

Court: Delhi

Decided on: Jul-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:11. 07.2013 W.P.(C) 3024/2013 ARVIND SHARMA Through: Mr G.C. Shukla, Adv. ..... Petitioner versus GOVT.OF NCT DELHI AND ORS ..... Respondents Through: Mr Sanjeev Sabharwal and Mr Hem Kumar, Advs for GNCTD Mr Sukhdev Singh, Superintendent, SDM Office, Punjabi Bagh Mr Kamal Nijhawan, Adv for R-3-DDA CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The case of the petitioner is that his father late Shri Kasturi Lal along with his family members migrated from Punjab to Delhi sometime in the year 1990, reported to the Residential Commissioner, Government of Punjab at Punjabi Bhawan, New Delhi on 26.03.1990 and submitted his ration card to the office incharge of Deputy Commissioner, Delhi. This is also his case that late Shri Kasturi Lal along with his family members, including the petitioner started living in a camp meant for Punjab migrants at Peeragarhi. On 26.06.1991, he expired at Rohtash Nagar, Shahdara where...


Jul 11 2013

Delhi University Teachers Association and Another Vs. University of De ...

Court: Delhi

Decided on: Jul-11-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:11. 07.2013 WP (C) No. 822/2011 DELHI UNIVERSITY TEACHERS ASSOCIATION AND ANOTHER ... Petitioners ... Respondents Versus UNIVERSITY OF DELHI AND ANOTHER Advocates who appeared in this case: For the Petitioners : Mr V.K. Rao, Sr Advocate with Mr Saket Sikri And Mr Sudeep Dey, Advs. For the Respondents : Mr Parag P. Tripathi, Sr Advocate with Mr M.J.S. Rupal, Ms Monisha Handa and Mr Arunabh Ganguli, Advs. for DU. AND + WP (C) No. 2764/2011 NANDINI DUTTA AND OTHERS ... Petitioners ... Respondents versus UNIVERSITY OF DELHI AND OTHERS Advocates who appeared in this case: For the Petitioners : Mr Colin Gonsalves, Sr Advocate with Mr Tariq Adeeb, Adv. For the Respondents : Mr Parag P. Tripathi, Sr Advocate with Mr M.J.S. Rupal, Ms Monisha Handa and Mr Arunabh Ganguli, Advs. for DU. Mr Mayank Manish, Adv. with Mr Amitesh Kumar for UGC. Mr Sachin Dutta, CGSC for UOI. For the Intervenors : Mr Prashant Bhushan, Adv. with Ms Pyoli, Ad...


Jul 11 2013

Sh. Mukesh Jha and anr. Vs. Union of India and ors.

Court: Delhi

Decided on: Jul-11-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.1722/2013 11th July, 2013 % SH. MUKESH JHA & ANR. Through: ..... Petitioners Mr. Kirti Uppal, Senior Advocate with Mr. Sujeet Kumar Mishra, Advocate for petitioner No.1. Mr. Dipak Bhattacharya, Advocate with Mr. Harman Guliani, Advocate for petitioner No.2. Versus UNION OF INDIA AND ORS. Through: ..... Respondents Mr. Rajeev Mehra, ASG with Mr. Jatan Singh, CGSC and Mr. Soayib Qureshi, Advocate and Mr. Kartikey, Advocate for UOI. Mr. Ashish Wad, Advocate with Ms. Kanika Butani, Advocate for respondent No.4. CORAM: HON'BLE 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 petitioners seeking the relief of continuation of petitioner No.1 as the Chairman-cum-Managing Director of the respondent No.4/M/s. Bridge and Roof Company (India) Ltd. till the age of 65 years. Petitioner No.1s ordinary date of superannuation was 31.10.2012 and therefore petitioner No...


Jul 11 2013

Anil Kumar Vs. Commissioner of Police and ors.

Court: Delhi

Decided on: Jul-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: July 04, 2013 Judgment Pronounced on: July 11, 2013 + W.P.(C) 3587/2013 ANIL KUMAR Represented by: .....Petitioner Mr.Ajesh Luthra, Advocate versus COMMISSIONER OF POLICE & ORS. ..... Respondents Represented by: Ms.Zubeda Begum, Advocate with Ms.Sana Ansari, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.1. The present writ petition challenges the order dated May 03, 2012 passed by the Central Administrative Tribunal rejecting OA No. 2514/2010 upholding the penalty levied upon the petitioner, being forfeiture of five years service permanently with cumulative effect and also directing that the period with effect from November 14, 2008 on which date petitioner was suspended be treated as period not spent on duty.2. The petitioner was employed as a Constable (Mounted) with the Delhi Police. On September 29, 2008 two calls from the Police Control Room were receive...


Jul 11 2013

Vindhya Telelinks Ltd. and anr. Vs. Bharat Broadband Network Ltd.

Court: Delhi

Decided on: Jul-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:03. 07.2013 Pronounced on:11. 07.2013 + W.P.(C) 3564/2013, C.M. NO. 6701/2013 (for interim relief), 7355/2013 (for impleadment) & 7356/2013 (for exemption) VINDHYA TELELINKS LTD. & ANR. Versus BHARAT BROADBAND NETWORK LTD. ..... Petitioners ..... Respondent Appearance: - Mr. S. Ganesh, Sr. Advocate with Mr. Narendra M. Sharma, Mr. Abhishek Sharma, Mr. Ankur Sood, Mr. J.K. Chaudhary and Ms. Aanchal Yadav, Advocates for petitioners in W.P.(C) 3562/2013. Mr. Maninder Singh, Sr. Advocate with Mr. Narendra M. Sharma and Mr. Abhishek Sharma, Advocates for petitioners in W.P.(C) 3564/2013. Mr. Manu Mridul, Advocate for respondents. Mr. Bishwajit Bhattacharyya, Sr. Advocate with Mr. Chandrachur Bhattacharya, Advocates intervenors. for CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT % For detailed judgment, the decision dated 11.07.2013 in W.P.(C) 3564/2013 Page 1 W.P.(C) 3562/2013 may...


Jul 11 2013

Mustaq Vs. the State (Nct of Delhi)

Court: Delhi

Decided on: Jul-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :1. t JULY, 2013 DECIDED ON :11. h JULY, 2013 + CRL.A.1411/2011 & CRL.M.B. 1991/2011 MUSTAQ Through : ....Appellant Ms.Saahila Lamba, Advocate. versus THE STATE (NCT OF DELHI) .Respondent Through : Mr.M.N.Dudeja, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The appellant- Mustaq challenges judgment dated 16.07.2011 of learned Additional Sessions Judge in Sessions Case No. 27/2010 arising out of FIR No. 602/2009 PS Mehrauli by which he was held guilty for committing offences punishable under Sections 392/397/34 IPC. By an order dated 21.07.2011, he was sentenced to undergo RI for three years under Section 392/34 IPC and RI for seven years under Section 397 IPC with fine ` 2,000/-.2. Allegations against the appellant were that on 07.11.2009 at about 03.00 A.M. at House No. 39, Rajpur Khurd Extension, he and his associates (not arrested) committed lurking house tress-pass and robbed inmates of the house of various articles i...


Jul 11 2013

The Commissioner of Income Tax Delhi-iv Vs. Dlf Commercial Developers ...

Court: Delhi

Decided on: Jul-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:06. 05.2013 Pronounced on:11. 07.2013 + ITA 94/2013 THE COMMISSIONER OF INCOME TAX DELHI-IV ..... Appellant Through: Sh. Sanjeev Sabharwal, Sr. Standing Counsel with Sh. Puneet Gupta, Jr. Standing Counsel. Versus DLF COMMERCIAL DEVELOPERS LIMITED ..... Respondent Through: Sh. Ajay Vohra and Ms. Kavita Jha, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT % 1. This appeal of the revenue impugns an order of the Income Tax Appellate Tribunal (ITAT) dated 30.11.2011 in the assessees appeal [ITA No. 1446 (Del) of 2011] whereby its contention about inapplicability of Explanation to Section 73 of the Income Tax Act, 1961 in respect of its transactions, and the resulting relief in carry forward of its losses for the previous year, in respect of its ITA 94/2013 Page 1 derivative business was upheld. This Court framed the following question of law for consideration, and heard ...


Jul 11 2013

Dgt Holding B.V. and anr. Vs. Ravi Scientific Industries and anr.

Court: Delhi

Decided on: Jul-11-2013

* #20 + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1414 of 2012 DGT HOLDING B.V & ANR ..... Plaintiffs Through: Mr. N. Mahabir and Dr. Sheetal Vohra, Advocates. versus RAVI SCIENTIC INDUSTRIES & ANR ..... Defendants Through: Mr. Ashish Deep Verma, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER 11 07.2013 I.A. No. 20660 of 2012 (by Defendants under Order XXXIX Rule 4 CPC) and I.A. No. 9360 of 2012 (filed by Plaintiffs under Order XXXIX Rule 1 and 2 CPC) 1. The background facts to the present suit have been set out in some detail in the order date 16th May 2012 passed by this Court in I.A. No. 9358 of 2012 filed by the Plaintiff under Order XXXIX Rules 1 and 2 CPC in paras 9 and 10 which read as under:9. As per the plaint, plaintiffs are in the business of manufacturing and marketing goods and products for use in Chess particularly clocks for use in chess matches. Since the year 1993 the plaintiffs have been producing several types of digital clocks and electronic chess boards. The pro...


Jul 11 2013

Darshan Lal Dhawan Vs. C.B.i. And anr.

Court: Delhi

Decided on: Jul-11-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A No. 159/2003 Reserved on:2. d May, 2013 Decided on:11. h July, 2013 % DARSHAN LAL DHAWAN Through: ..... Appellant Mr. D.C. Mathur, Sr. Adv. with Mr. Atul Guleria, Mr. Badar Mahmood, Mr. Amish Dabbas, Advs. versus C.B.I. & ANR. Through: ..... Respondents Mr. R.V. Sinha, Standing Counsel. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 The Appellant lays a challenge to the judgment dated 10th March, 2003 whereby he has been convicted for offence punishable under Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (in short the PC Act) and the order on sentence dated 11 th March, 2003 whereby he has been directed to undergo rigorous imprisonment for a period of four years and a fine of Rs. 500/- on each count and in default of payment of fine to further undergo rigorous imprisonment for three months on each count.2. Learned counsel for the Appellant contends that the sanction was granted on the basis of draft ...


Jul 11 2013

Nathu Ram and ors Vs. the State

Court: Delhi

Decided on: Jul-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: July 11, 2013 Crl.A.379/2000 NATHU RAM & ORS ..... Appellants Through : Mr.N.K.Deo, Adv. Through : ..... Respondent Ms.Jasbir Kaur, APP versus THE STATE CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.* 1. By way of present appeal, a challenge has been made to the judgment dated 8th May, 2000 and order of sentence dated 15th May, 2000, both passed by the learned Additional Sessions Judge in case SC No.162/96 arising out of FIR no.401/94 Police Station Desh Bandhu Gupta Road under section 307/34 IPC whereby the learned Additional Sessions Judge has held the appellants, i.e. accused persons namely, Nathu Ram, Kapoor Chand and Ved Prakash guilty for the offence punishable under section 324/34 IPC and sentenced them to undergo RI for one year and to pay a fine of Rs.1000/each and in default of payment to undergo SI for 15 days. Benefit u/s 482 Cr.P.C has been given to the appellants/accused persons.2. At the outset, it...


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