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Delhi Court July 2013 Judgments

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Jul 09 2013

Srikant @ Babu @ Rohit Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:24. h May, 2013 Pronounced on:09. h July, 2013 + CRL.A. 1175/2010 SRIKANT @ BABU @ ROHIT ..... Appellant Through: Mr. S.S. Singh, Advocate versus STATE (NCT OF DELHI) Through: ..... Respondent Ms. Rajdipa Behura, APP for the State. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. This Appeal tells once more the story of a runaway young couple which runs into rough weather. It is a well known fact that where the girl is firm inspite of the pressure from her family, the boy comes through with flying colours and their elopement becomes a success story but where the girl succumbs to the pressure of the family, the boy remains in prison for years without any ray of hope. The Appellant Srikant faces rigorous imprisonment for one year and fine of `2,000/- for the offence punishable under Section 363 IPC and rigorous imprisonment for five years and a fine of `5,000/- or in default of payment of fine to undergo SI for five m...


Jul 09 2013

Prem Singh and ors. Vs. Uoi and ors.

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on: July 01, 2013 Judgment Pronounced on: July 09, 2013 W.P.(C) 8512/2011 PREM SINGH & ORS. Represented by: .....Petitioners Ms.Meenu Mainee, Advocate versus UOI & ORS. Represented by: ..... Respondents Mr.R.V.Sinha, Advocate with Mr.Amit Dubey, Advocate for Respondent No.1 to 3 W.P.(C) 901/2012 KAILASH CHAND GURJAR .....Petitioner Represented by: Ms.Meenu Mainee, Advocate versus UOI & ORS. Represented by: ..... Respondents Mr.V.S.R.Krishna, Advocate for Respondent No.1 to 3 Mr.A.K.Trivedi, Advocate for R-4, R-6 and R-7 W.P.(C) 2628/2013 RAM RAJIV & ORS. Represented by: .....Petitioners Ms.Jyoti Singh, Sr.Advocate with Ms.Tinu Bajwa and Mr.Amandeep Joshi, Advocates versus UOI & ORS. Represented by: ..... Respondents Mr.R.V.Sinha, Advocate with Mr.A.S.Singh and Mr.Amit Dubey, Advocates for Respondent No.1 to 3 None for the other respondents CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE V.KAMESWAR RAO PRADE...


Jul 09 2013

Satish Chand Vs. Deep Chand Anand and ors.

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % I.A. No. 8841/2005 in CS(OS) No. 2607/1990 + Date of Decision:9. h July, 2013 # ! SATISH ANAND ..... Plaintiff Through: Mr. Rajshekhar Rao, Advocate versus $ * DEEP CHAND ANAND & ORS. ..... Defendants Through: Mr. Sunil Gupta, Sr. Advocate with Mr. Sushil Dutt Salwan & Mr. Aditya Garg, Advocates for D-1 to D-3 CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: By way of this application filed under Order VII Rule 11 CPC, defendant nos.1 to 3 sought rejection of the plaint in this suit for declaration, partition and possession etc. on more than one ground but during the course of hearing the only ground pressed into service by the learned senior counsel for the defendants at present was that the plaint is grossly undervalued for the purposes of court fees and jurisdiction. Other grounds were left to be urged at the final stage in case the plaint is not rejected now. Initially the present suit was filed by five sisters against their fou...


Jul 09 2013

Ashok Vishwakarma @ Surji Vs. State

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1052/2010 ASHOK VISHWAKARMA @ SURJI Through: ..... Appellants Mr. Shri L.S.Saini, Advocate versus STATE Through: ..... Respondent Ms. Ritu Gauba, APP. Through: ..... Appellants Mr. Vivek Sood, Advocate. CRL.A. 845/2010 ANGAD SINGH versus STATE Through: ..... Respondent Ms. Ritu Gauba, APP. Date of Decision:9. h July, 2013 % CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Tried on charges under Sections 302, 364-A, 365, 201 IPC read with Section 34 IPC in Sessions Case No.64/08 arising out of FIR No.594/04 under Section 365 IPC, PS Najafgarh, the appellants stand convicted by a judgment dated 28.07.2009 of Additional Sessions Judge, Delhi and sentenced on 31.07.2009 to:(i) Imprisonment for life and fine of Rs.15,000/- each in default of payment of fine, one year rigorous imprisonment under Sections 302/34 IPC, fine if realised, be given to the mother of the deceased. (ii) Sentenced...


Jul 09 2013

Parul Gupta and ors Vs. Uoi and ors

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:09. 07.2013 W.P.(C) 4128/2013 PARUL GUPTA & ORS .... Petitioners Through: Mr Kanwal Chaudhary and Mr Puneet Khurana, Advs. versus UOI & ORS ..... Respondents Through: Mr Anil Grover and Ms Nooper Singhal, Advs for respondent No. 2 CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) 1. The petitioners before this Court are differently abled persons, seeking to participate in 22nd Deaflympics to be held at Sofia, Bulgaria starting on 26.07.2013. Pursuant to the entries invited by All India Sports Council of Deaf, the petitioners participated in the process for selection of teams/participants, who were to take part in Deaflympics, 2013. In the said selection process, petitioner No.1 ranked 4 th in Women (Single) and Women (Double), whereas petitioner No. 2 ranked 4th in Mens (Single). Though the registration for participation in Deaflympics, 2013 was obtained for up to four players in each category, ultimately only...


Jul 09 2013

Shailesh Yadav Vs. National Insurance Co. Ltd.

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % MAC.A. 1262/2012 Judgment reserved on:13. h May, 2013 Judgment delivered on:09th July, 2013 SHAILESH YADAV Through: ..... Appellant Mr. Rajnish Kr. Jha, Adv. versus NATIONAL INSURANCE CO. LTD. Through: ..... Respondent Mr. Manoj Ranjan Sinha, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Instant appeal has been preferred against the impugned judgment dated 08.08.2012 whereby the learned Tribunal has awarded compensation in favour of the appellant/claimant as under:Medical Expenses Pain & Sufferings & Enjoyment of Life Special Diet, Conveyance and Attendant Loss of Income Loss of Future Income Loss of Amenities TOTAL MAC.A.1262/2012 : Rs. 10,000/: Rs. 50,000/: Rs. 30,000/: Rs. 78,000/: Rs.6,58,000/: Rs. 25,000/=========== : Rs.8,51,000/- The above noted compensation has been granted for having Injuries suffered in a motor vehicle accident which occurred on 26.07.2010.2. Vide the instant appeal, the appellant is seeking enhanc...


Jul 09 2013

Rajesh @ Raju Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:8. h April, 2013 Pronounced on:9. h July, 2013 + CRL.A. 517/2010 RAJESH @ RAJU Through: ..... Appellant Mr. Gautam Khazanchi, Advocate versus STATE (NCT OF DELHI) Through: ..... Respondent Ms. Rajdipa Behura, APP for the State. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The Appellant impugns a judgment dated 28.10.2009 and order on sentence dated 05.11.2009 passed by the learned Additional Sessions Judge (ASJ) in Sessions Case No.102/2008 arising out of the case FIR No.346/2005 whereby he was convicted for the offence punishable under Sections 397/394/392/34 IPC and was sentenced to undergo RI for seven years and to pay a fine of `3,000/- and in default of payment of fine to undergo SI for three months for the offence punishable under Section 397 IPC and to undergo RI for five years and to pay a fine of `3,000/- and in default of payment of fine to undergo SI for three months for the offence punishable under S...


Jul 09 2013

M/S Ester Industries Limited Vs. Union of India and ors.

Court: Delhi

Decided on: Jul-09-2013

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:09. 07.2013 + W.P.(C) 5513/1997 M/S ESTER INDUSTRIES LIMITED ..... Petitioner versus UNION OF INDIA AND ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr R. Santhanam. For the Respondents : None. CORAM:HON'BLE MR JUSTICE BADAR DURREZ AHMED, ACTING CHIEF JUSTICE HON'BLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J 1.This is a writ petition filed by the petitioner challenging the provisions of Section 115JA and 115JAA of the Income Tax Act, 1961 (hereinafter referred to as the Act) as being ultra vires Article 265, 300A, 14 & 19(1)(g) of the Constitution of India.2. The petitioner is a public company incorporated under the Companies Act, 1956 and is, inter alia, engaged in the business of manufacture and sale of Polyester Chips, Polyester Film, Polyester Filament Yarn, Methanol and Engineering Plastics. The petitioner filed its return for the assessment year 199798 showing an income of `12,...


Jul 09 2013

Ravindra C P Navelkar and anr Vs. State and ors

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON : May 17, 2013 DECIDED ON : July 09, 2013 + CRL.M.C. 2697/2012 RAVINDRA C P NAVELKAR & ANR ..... Petitioners Through : Mr.Sanjiv Sen, Advocate for the petitioners. versus STATE & ORS ..... Respondents Through : Mr.M.N.Dudeja, APP for the State. Mr.Suhail Dutt, Advocate with Mr.Azhar Alam, Advocate for M/s Anirva Developers Pvt. Ltd.(Intervener). Mr.Pawan Narang with Mr.Anish Dhingra, Advocates for Mr.Baleshwar Sharma (Intervener). Mr.Vijay Aggarwal, Advocate for Mr.Ravi Arora-Director. SI Vijender Singh, Crime Branch. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.The present petition is dismissed in terms of a detailed common judgment delivered today which is placed in the file of Bail Appl.No.314/2009 titled Yashpal Raikar & Anr. Vs.The State of Delhi. (S.P.GARG) JUDGE July 09, 2013/sa...


Jul 09 2013

Delhi Printers Association Vs. Commissioner of Industries,gnct of Delh ...

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:09. 07.2013 W.P.(C) 4662/2010 & CM 9226/2010 (stay) DELHI PRINTERS ASSOCIATION ..... Petitioner Through: Mr. Bahar U. Barqt, Adv. versus COMMISSIONER OF INDUSTRIES,GNCT OF DELHI AND ANR ..... Respondent Through: Ms. Anushya Salwan, Adv. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court is an Association of Printers who were allotted plots of land by respondent no.2-DSIDC. The letters of allotment containing terms and conditions of allotment including the terms for payment of premium were issued to the members of the petitioner association. The schedule of payment laid down in the allotment letters was as follows: Terms of payment: S.No. Instalment Stage 1. Earnest Money Along with application Rs.25,000/form W.P.(C) 4662/2010 Flated Factory Plot Rs.300/- per sq. mtr. Of land 2. 1st instalment At the time of allotment of specific pocket block, pocket number, after adjusting earne...


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