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Delhi Court July 2013 Judgments

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Jul 09 2013

Ram Rajiv 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

Allahabad Bank Vs. Gyanender Kumar Shukla

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) 906/2012 and CM No.2025/2012 ALLAHABAD BANK ..... Petitioner Through:Mr.Rajesh Kumar, Advocate versus NITESH KUMAR TRIPATHI Through: ..... Respondent None AND + W.P.(C) 1191/2012 and CM No.2578/2012 ALLAHABAD BANK ..... Petitioner Through:Mr.Rajesh Kumar, Advocate versus GYANENDER KUMAR SHUKLA Through: ..... Respondent None CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) In WP(C) No.906/2012, the respondent before this Court filed an application seeking certain information, including details of the assets declared by all officers above Scale-III of the petitioner bank. The said application was responded by the CPIO of the petitioner bank on 12th August, 2011. However, even before receipt of the reply from the CPIO, the respondent had already preferred an appeal before the first Appellate Authority. Vide order dated 26 th August, 2011, the First Appellate Authority noticing that the appeal...


Jul 09 2013

Farmeena Khaunte and anr Vs. the State of Delhi

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 + BAIL APPLN. 315/2009 FARMEENA KHAUNTE & ANR. ..... Petitioners Through : Mr.V.K.Mehra with Mr.S.M.Wala Waiker, Advocates. versus THE STATE OF DELHI ..... Respondent 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.Sanjiv Sen with Mr.Anoop K.Sinha, Advocates for the complainant-Nageshwar Pandey. 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 bail application is allowed 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

Dit Vs. Jyoti Foundation

Court: Delhi

Decided on: Jul-09-2013

$~1. * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL NO. 267/2013 Date of decision:9. h July, 2013 DIT ..... Appellant Through Mr. Karan Khanna, Sr. Standing Counsel. versus JYOTI FOUNDATION ..... Respondent Through Ms. Prem Lata Bansal, Sr. Advocate with Mr. Sarfaraz Ahmad & Ms. Ruchi Jain, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): This appeal by the Revenue impugns order dated 24 th August, 2012 passed by the Income Tax Appellate Tribunal in the case of Jyoti Foundation, a charitable trust. The assessment year involved is 200607 and by the impugned order the tribunal has struck down order dated 30th March, 2012 passed by the Director of Income Tax (Exemptions) under Section 263 of the Income Tax Act, 1961 (Act, for short).2. For the Assessment Year 2006-07, pursuant to a complaint made by one Jayant Pandey, re-assessment notice under Section 147 was issued to examine and verify the sale consideratio...


Jul 09 2013

Pradeepta Kumar Mohapatra Vs. State

Court: Delhi

Decided on: Jul-09-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Crl. A. 233/2003 Date of Decision:09. h July, 2013 PRADEEPTA KUMAR MOHAPATRA ..... Appellant Through: Mr. S.S. Mishra, Advocate. versus STATE Through: ..... Respondent Ms. Fizani Husain, APP CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Challenge in this appeal is to the conviction order dated 3rd April, 2003 and order on sentence dated 4th April, 2003 passed by the learned Additional Sessions Judge in Sessions Case No. 29/2002 arising out of FIR No. 398/1998 PS Tilak Nagar under Section 420/498A/376 IPC.2. Factual matrix of the case is: Complainant got married to appellant on 1 st May, 1982. After her marriage, she got an appointment in Doordarshan and thereafter Crl. A.233.2003 Page 1 of 15 she went under training in Pune and thereafter she was transferred to Delhi. Her father was alleged to be the member of Parliament and was residing in Delhi, therefore, she also shifted to the residence of her father in Delhi. In ...


Jul 09 2013

Om Prakash and Others Vs. Govt. of Nct of Delhi and ors.

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: July 09, 2013 + W.P.(C) 4282/2013 OM PRAKASH & OTHERS Represented by: ..... Petitioners Mr.Anand Nandan, Advocate versus GOVT. OF NCT OF DELHI & OTHERS ..... Respondents Represented by: Ms.Sana Ansari, Adv. for Ms.Zubeda Begum, Adv. for R-1 & R-2 Ms.Mini Pushkarna, Standing Counsel, NDMC & Mr.Shantanu Tyagi, Adv. for R-3 Mr.R.N Singh and Mr.A.S Singh, Advs. for R-4 Mr.Kumar Rajesh Singh, Adv. for R-5 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.(Oral) C.M No.9949/2013 (Exemption) Allowed. W.P.(C) 4282/2013 1. Deciding a batch of the transfer applications which were filed as writ petitions in this Court but were re-registered as transfer applications upon a notification being issued requiring service disputes between employees of the Municipal Corporation of Delhi and the Corporation to be decided by the Central Administrative Tribunal, the Tribunal took a view that though...


Jul 09 2013

Naresh Kumar Vs. Gurinder Jeet Singh and ors.

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.A. 418/2006 Judgment reserved on:14. h May, 2013 Judgment delivered on:09. July, 2013 % NARESH KUMAR ..... Appellant Through: Mr. S.N. Parashar, Adv. versus GURINDER JEET SINGH & ORS. ..... Respondents Through: Mr. Pradeep Gaur and Mr. Amit Gaur, Advs. for R2. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.CM No.7040/2006(delay) For the reasons enumerated in the application, the delay in filing the appeal is condoned. Application stands disposed of. MAC.A. 418/2006 1. Instant appeal has been preferred against the impugned award dated 11.11.2005 passed by the ld. Tribunal whereby an amount of Rs.7,45,615/- was awarded by the ld. Tribunal with interest @ 7.5% per annum from the date of filing of the petition till the date of payment.2. Counsel for the appellant has argued that vide the aforesaid impugned award, the ld. Tribunal has awarded only Rs.20,000/- for loss of amenities; and Rs.10,000/- for pain and sufferings. He submits tha...


Jul 09 2013

Akram Vs. State (Gnct of Delhi)

Court: Delhi

Decided on: Jul-09-2013

$~05. * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h July, 2013 + CRL.A. 1398/2010 AKRAM ..... Appellant Mr.Thakur Virender Pratap Singh Charak, Ms.Shubha Pareshar, Mr.Pushpender Singh Charak and Mr.R.P.S. Tomar, Advocates Through: versus STATE (GNCT OF DELHI) ..... Respondent Through: Ms.Richa Kapoor, Advocate for State with S.I. Samrat Khatiyan, P.S. G.T.B. Enclave CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT G. S. SISTANI J.(ORAL) 1. Present appeal has been filed by the appellant, Akram, under Section 374(2) read with Section 383 Cr.P.C. and is directed against the judgment dated 25.1.2010 and order on sentence dated 29.1.2010 by which the petitioner has been sentenced to imprisonment for life and fine of Rs.5,000/- for the offence punishable under Section 396 IPC; in default of payment of fine to undergo five months simple imprisonment; rigorous imprisonment for a period of seven years and fine of Rs.2,000/- for the offence commit...


Jul 09 2013

Dilshad Ahmed Vs. U.O.i. and ors.

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: July 09, 2013 + W.P.(C) 4271/2013 DILSHAD AHMED Represented by: ..... Petitioner Mr.Mohd. Mobin Akhtar, Advocate versus U.O.I & ORS. Represented by: ..... Respondents Mr.Jatan Singh, CGSC and Mr.Soayib Qureshi, Adv. for R-1 Mr.Anil Grover, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.(Oral) C.M No.9934/2013 (Exemption) Allowed. W.P.(C) 4271/2013 1. Mr.Dilshad Ahmed who is working as Machine Assistant in Sports Authority of India, respondent No.2, makes a claim for pay revision from `950-1200 to `1200-1800 (pre-revised) effective from 1986, which was rejected by the Central Administrative Tribunal initially vide its order dated July 27, 2012 in Original Application No.2421/2012 and later vide its order dated May 10, 2013 in Review Application No.298/2012 in Original Application No.2421/2012. The Original Application No.2421/2012 is a second round of litigation. T...


Jul 09 2013

State Vs. Nand Ji Prasad

Court: Delhi

Decided on: Jul-09-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:21. t May, 2013 Pronounced on:9. h July, 2013 + CRL.A. 67/2007 STATE Through ..... Appellant Ms. Rajdipa Behura, APP for the State. Mr. Saket Mishra, Advocate versus NAND JI PRASAD Through ..... Respondent Mr. S.S. Ahluwalia, Amicus Curiae CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. This Appeal is directed against a judgment dated 08.01.206 passed in Sessions Case No.250/2006 whereby the Respondent was acquitted of the charges for the offence punishable under Sections 363/376/323 of the Indian Penal Code (IPC).2. The FIR was lodged on the basis of statement Ex.PW-1/A of Smt. Bira, mother of the prosecutrix. The prosecution version can be culled out from the impugned judgment, paras 2 and 3 of which are extracted hereunder:2. The case was initiated on report Ex. PW1/A lodged by the mother of the victim. The contents of the report are that on 15.9.2004 at 4.00 PM she left her house and went for doing job. At that...


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