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Delhi Court July 2013 Judgments

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Jul 11 2013

M/S M.D. Textile Industries Limited Vs. Assistant Collector of Customs ...

Court: Delhi

Decided on: Jul-11-2013

$~Part- IB (R-2) *IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION(CIVIL) No. 577/1992 Date of decision:11. h July, 2013 M/S M.D. TEXTILE INDUSTRIES LIMITED ..... Petitioner Through Nemo. versus ASSISTANT COLLECTOR OF CUSTOMS & OTHERS ..... Respondent Through Nemo. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): M/s M.D. Textile Industries Limited has filed the present writ petition for refund of customs duty of Rs.3,59,744.95 with interest from 22nd May, 1989.2. The following order was passed on 4th March, 1993: On a consideration of the matter, we are of the view that the petitioner would be entitled to refund, subject to the plea of undue enrichment, if any, available to the respondents. Mr. Lokur says that the respondents would examine the matter and will pass an order on merits within a month from today, without insisting on the documents sought to be produced from the petitioner in their letter dated 24th January, 1992...


Jul 11 2013

M/S. Servel Industries Vs. Alcobrew Distilleries (India) Pvt. Ltd.

Court: Delhi

Decided on: Jul-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:9th July, 2013 Date of Decision:11th July, 2013 % + CO. PET. 37/2012 M/S. SERVEL INDUSTRIES ..... Petitioner Through: Mr. Anoop Bagai, Sr. Advocate with Mr. Amitesh Kumar, Advocate. versus ALCOBREW DISTILLERIES (INDIA) PVT. LTD. ..... Respondent Through: Mr. Amit Goel, Advocate. CORAM: MR. JUSTICE R.V. EASWAR JUDGMENT R.V. EASWAR, J.:1. This is a petition filed by M/s. Servel Industries through its proprietor Puneet Soni, under Section 433(e) read with Section 434 of the Companies Act, 1956 for the winding up of the company by name M/s. Alcobrew Distillers (India) Pvt. Ltd. a company having its registered office in New Delhi. Notice was issued to the respondent company which took the objection that the claim of the petitioner stood settled when this Court passed an order on 16.05.2011 in Company Petition No.326/2010. This objection was vehemently contested by the petitioner whose contention was that the present petition relates to a...


Jul 11 2013

Pavitra Kumar Hembrom 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.522/2013 11th July, 2013 % PAVITRA KUMAR HEMBROM Through: ..... Petitioner Mr. S.C. Soren, Advocate. versus UNION OF INDIA AND ORS Through: ..... Respondents Mr. Sanjay Kumar, Advocate with Mr. Rajewra Parshad, Advocate for respondent No.2. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition, petitioner impugns the order of the respondent No.3/Reserve Bank of India compulsorily retiring the petitioner in public interest. Respondent No.3 has exercised its powers under Regulation 26 of the Reserve Bank of India (Staff) Regulations, 1948. This Regulation is identical with Fundamental Rule 56(j) of FRSR as applicable to Central Government servants.2. The law with respect to interference by the Court in orders of compulsory retirement in public interest is now well settled. No doubt, judicial review is permissible, however orders of compulsory retirement ar...


Jul 11 2013

K.L. Bakolia Vs. State Thr C.B.i.

Court: Delhi

Decided on: Jul-11-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 207/2003 Reserved on:9. h May, 2013 Decided on:11. h July, 2013 % K.L. BAKOLIA Through: ..... Appellant Mr. Mohit Mathur, Mr. Jaspreet S. Rai, Mr. Rohit Nagpal, Advs. versus STATE THR C.B.I. Through: ..... Respondent Mr. R.V. Sinha, SC for CBI. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 The Appellant impugnes the judgment dated 26th March, 2003 whereby he has been convicted for offences punishable under Section 7 and 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (in short the PC Act) and the order on sentence dated 27 th March, 2003 whereby he has been directed to undergo rigorous imprisonment for a period of 4 years with fine of Rs. 500/- each under Section 7 and 13(2) PC Act and in default of payment of fine to further undergo rigorous imprisonment for 3 months on each count.2. Learned counsel for the Appellant contends that there is total non- application of mind while granting the sanction. Neither the demand nor...


Jul 11 2013

Sarang Yadwadkar and Others Vs. the Commissioner, Pune Municipal Corpo ...

Court: National Green Tribunal Principal Bench New Delhi

Decided on: Jul-11-2013

Swatanter Kumar, (Chairperson) 1. The applicant and others, social activists, challenge the construction of the road from Vitthalwadi to National Highway-4 bypass, which is being constructed under the Draft Development Plan on the ground that the Draft Development Plan has not been approved by the State Government, no permission from Irrigation Department has been taken and the road touches the Vitthalwadi Temple and its surrounding areas which are Grade I Heritage Buildings and even permission from Archaeological Department has not been taken. This construction, according to the applicants, is bound to cause massive environmental, ecological and social damage. The construction of the road is being carried out in the river bed i.e. within the blue line. Thus, the applicants pray that the on-going construction work should be stopped immediately and the respondents; any other person or agencies should be restrained from dumping any debris or construction material; the entire debris and s...


Jul 11 2013

Patkar Ms. Medha and Others Vs. Ministry of Environment and Forests, U ...

Court: National Green Tribunal Principal Bench New Delhi

Decided on: Jul-11-2013

Swatanter Kumar, (Chairperson) 1. The appellants claim to be well known social activists engaged in issues of environmental protection, unjust displacement and rehabilitation and resettlement of displaced communities along with broader issues in development planning for nearly 30 years. They also claim to be persons eligible within the meaning of Section 18(2)(e) of the National Green Tribunal Act, 2010 (for short the NGT Act) and have preferred the present appeal under Section 16 read with Sections 14, 15(b), (c) and 18(1) and (2) of the NGT Act challenging the legality and correctness of the communication bearing No.J-13012/30/2010-IA-II(T) dated 16TH October, 2012, issued by the Govt. of India, Ministry of Environment and Forests (MoEF), granting Environmental Clearance (EC) to M/s Adani Pench Power Ltd., Respondent No.4, for 2 x 660 MW imported coal based thermal power plant at villages Dhanora, Chausara, Dogawani Pipariya, Hiwarkhedi and Thawriteka in Chaura and Chhindwara Taluka ...


Jul 11 2013

Ashish Rajanbhai Shah Vs. Union of India Through Its Secretary Ministr ...

Court: National Green Tribunal Principal Bench New Delhi

Decided on: Jul-11-2013

Swatanter Kumar: (Chairperson) 1. The National Green Tribunal Act, 2010 (for short the NGT Act) came into force on 18th October, 2010. As per the Act, under Section 16(g) any direction issued on or after commencement of the Act under Section 5 of the Environment (Protection) Act, 1986 (for short the Act) is appealable before this Tribunal. The appeal can be filed by any person aggrieved from issuance of such direction. The present appellant being aggrieved from the direction issued by the Collector, Bharuch, Gujarat dated, 26th February, 2013 has preferred the present appeal. The said order reads as under: No. Bhumi/S.I./Vashi/1555 Collector Office, Chitnis Branch Bharuch Dated 26-2-2013. To. 1. Rajendra K. Goyal, residing at 8, MohanKrupa Society, Opp. Jain Temple, Manjalpur, Vadodara, 2. Ashish Rajanbhai Shah, residing at 154, Pritam Society-1, Bharuch. 3. Amishaben Thakorbhai Patel, residing of Gajera, Taluka Jambusar. Sub:- Regarding damage to Mangrove trees in the land allotted fo...


Jul 11 2013

Rajiv Tibrewal and ors. Vs. Dynamic Continental Pvt. Ltd.

Court: Delhi

Decided on: Jul-11-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 696/2012 Judgment delivered on: July 11, 2013 RAJIV TIBREWAL & ORS. Through: ..... Petitioners Mr.Gaurav Malhotra, Advocate versus DYNAMIC CONTINENTAL PVT. LTD. Through: ..... Respondent Mr. Pawan Verma, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR KAILASH GAMBHIR, J.1. By this petition filed under Section 482 of Code of Criminal Procedure (hereinafter referred to as Cr. P. C.), the petitioners who are accused nos. 2, 3 and 6 in the Criminal Complaint bearing C.C.No.4455/2009 seek quashing of the said complaint filed by the complainant Company under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the Act), pending before the Court of the learned Metropolitan Magistrate, Saket Court, New Delhi.2. Arguing the present petition, the learned counsel for the petitioners, Mr. Gaurav Malhotra, submitted that the accused No.1 in the complaint, M/s Taurus Confectionery India (P.) Ltd, entered into a leave...


Jul 11 2013

Sarvjeet Mahto Vs. State Thr. Cbi

Court: Delhi

Decided on: Jul-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 711/2012 Judgment delivered on: July 11, 2013 SARVJEET MAHTO Through: ..... Petitioner Mr. Siddhesh Kotwal and Ms. Bansuri Swaraj, Advocates versus STATE THR. CBI Through: ..... Respondent Mr. P.K. Sharma, Standing Counsel for CBI with Mr. Anil Kumar Singh, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR KAILASH GAMBHIR, J.1. By way of this petition filed under section 401 read with Section 397 of the Code of Criminal Procedure, 1873, the revisionist seeks to challenge the impugned order dated 18.09.2012, passed by Sh. P.S Teji, District Judge (East ) cum Special Judge, CBI, Karkardooma Courts , New Delhi in Crl. Appeal 11/2012 and judgment dated 30.03.2012 and order on sentence dated 09.04.2012 passed by Ms. Kiran Bansal, Additional Chief Metropolitan Magistrate , Karkardooma Courts in Criminal Case No.02/2010 in case FIR. No.RC4(S) /2009/ CBI/ SC-I/ N Delhi.2. The brief facts of the case relevant for deciding the present peti...


Jul 11 2013

Gurdeep Singh Sudan and ors. Vs. State (Govt. of Nct of Delhi) and anr

Court: Delhi

Decided on: Jul-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3367/2012 Judgment delivered on:11. 07. 2013 GURDEEP SINGH SUDAN & ORS. ..... Petitioners Through: Mr. Ramesh Gupta, Sr. Advocate with Mr. Jatan Singh, Advocate versus STATE (GOVT. OF NCT OF DELHI) & ANR ..... Respondents Through: Mr.Navin Sharma, APP for State Mr. Arun Bhardwaj, Senior Advocate with Mr. P.Chaudhary, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR KAILASH GAMBHIR, J.1. By this petition filed under Section 482 of Code of Criminal Procedure (herein after referred to as Cr.P.C), the petitioners seek setting aside of the orders dated 30.11.2010 passed by the learned Additional Sessions Judge, Saket Court, Delhi and order dated 08.08.2011 whereby the learned ACMM, Saket Court, Delhi directed the registration of the FIR No.152/2011 under Sections 406/420/120-B IPC at P.S. Crime Branch (EOW), South District, New Delhi.2. Addressing arguments on behalf of the petitioners, Mr. Ramesh Gupta, learned Senior Advocate...


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