Delhi Court August 2013 Judgments
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S.V Construction Company Vs. Parshuram Bhardwaj
Court: Delhi
Decided on: Aug-14-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: Pronounced on: + 16.07.2013 14.08.2013 CS(OS) 3060/2011 S.V CONSTRUCTION COMPANY ..... Plaintiff Through Mr.A.K.Bajpai and Mr.M.F.Khan, Advs. Versus PARSHURAM BHARDWAJ ..... Defendant Through Mr.Neeraj Kumar and Mr.Manoj Kumar, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.IA No. 17034/2012 (u/S 5 of the Limitation Act) 1. This is an application under Section 5 of the Limitation Act for condonation of delay in re-filing the application under Order 37 Rule 3 (5) CPC. There is no serious opposition to this application. The same is allowed and the delay in re-filing the application under Order 37 Rule 3 (5) CPC is condoned.2. The application is disposed of. IA No. 17033/2012 [u/O 3.R 3(5) CPC] 3. This is an application filed on behalf of the defendant under Order 37 Rule 3 (5) of the Code of Civil Procedure seeking leave to defend the present suit. The plaintiff has filed the present suit under Order 37 CPC seeking a dec...
Surender Vs. State (Govt.of Nct of Delhi)
Court: Delhi
Decided on: Aug-14-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. A. 376/2003 Date of Decision:14. h August1. 2. 3.4.5. SURENDER RAM KARAN JAGDISH RAM KUMAR SATYAWAN Through: ..... Appellants Mr. P.C. Sharma, Advocate with appellant Nos. 2, 4 and 5 in person. versus STATE (GOVT.OF NCT OF DELHI) Through: ..... Respondent Ms. Fizani Husain, APP for the State. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. The present appeal has been preferred against the judgment dated 14.05.2003 passed by learned Additional Sessions Judge in Sessions Case No.430/1996 arising out of FIR No.253/1990 u/s 307/323/452 IPC, P.S. Mehrauli vide which the appellants were held guilty for offences u/s 452/ 323/307 r/w Section 34 IPC and the order dated 23.05.2003 vide which they were sentenced as under:(i) For offence u/s 307 IPC, the convicts were sentenced to undergo rigorous imprisonment for a period of two years and to Crl. A.376/2003 Page 1 of 19 pay a fine of Rs.500/- each, in default of payment of f...
Gopal Kamra Vs. Karan Luthra
Court: Delhi
Decided on: Aug-14-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + EFA(OS) 15/2013 GOPAL KAMRA Through: ..... Appellant Mr. Lokesh Kumar, Advocate. versus KARAN LUTHRA Through: % ..... Respondent Mr. Subhiksh Vasudev, Advocate. Date of Decision : August 14, 2013 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL HON'BLE MS. JUSTICE PRATIBHA RANI JUDGMENT : REVA KHETRAPAL, J.1. The present Appeal seeks to assail the judgment of the learned Single Judge dated 12.7.2013 dismissing the objections of the Judgment Debtor registered as E.A. No.675/2012 to the Execution Petition filed by the Decree Holder on 9.4.2012.2. The facts necessary for adjudicating upon the present Appeal are briefly delineated below. A suit for specific performance, being CS(OS) No.1507/1989 was preferred by one Deepak Talwar against the Defendant - Shri Satish Chand Kalra in respect of an Agreement to Sell dated 31.8.1986 pertaining to property bearing not D-82, Malviya Nagar Extension (Saket), New Delhi constructed on a plot of land measuring 358 ...
M/S York Exports (P) Limited Vs. Commissioner of Income Tax, Delhi-iii
Court: Delhi
Decided on: Aug-14-2013
$~R-61 (Part-IB) * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.646/1997 Date of decision:14. h August, 2013 M/S YORK EXPORTS (P) LIMITED ..... Petitioner Through Mr. Sandeep Sapra, Advocate. versus COMMISSIONER OF INCOME TAX, DELHI-III ..... 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): M/s York Exports Private Limited has filed the present writ petition for quashing of order dated 19th December, 1996 read with order dated 17th August, 1995 passed by Commissioner of Income Tax, Delhi-III.2. The petitioner is a limited company engaged in manufacture and export of woollen and cotton hosiery goods. During the period relevant to Assessment Year 1994-95, the petitioner had exported almost 100% of its produce to erstwhile USSR/Russia. The exports were made on documents against collection basis and the export proceeds were to be received in convertibl...
Raj Kumar @ Raju Vs. the State of the Nct of Delhi
Court: Delhi
Decided on: Aug-14-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on:07. 08.2013 Judgment delivered on:14. 08.2013 CRL.A. 876/2010 RAJ KUMAR @ RAJU Through: ..... Appellant Ms.Rakhi Dubey, Advocate. versus THE STATE OF THE NCT OF DELHI ..... Respondent Through: Mr.Sunil Sharma, APP along with Inspector Kishan Kumar, P.S. Okhla Industrial Area. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR, J HON'BLE MS. JUSTICE INDERMEET KAUR, J INDERMEET KAUR, J.1 The appellant Raj Kumar has been convicted vide the impugned judgment dated 20.04.2010 for the offence of murder punishable under Section 302 of the Indian Penal Code (IPC). Apart from the appellant, two other persons had also been apprehended and tried; both the said persons namely Sanjay Pratap and Adesh being juveniles were challaned before the said Court. 2 Vide order on sentence dated 22.04.2010, the appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/- for the offence under Section 302 IPC and in defa...
Lalit Mohan Vs. Rashmi Bansal and ors
Court: Delhi
Decided on: Aug-14-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h August, 2013 % + R FA 197/2012 & CM No.7806/2012 (for stay) LALIT MOHAN Through: ..... Appellant Mr. Rakesh Kumar Garg, Adv. Versus RASHMI BANSAL & ORS ..... Respondents Through: Mr. V. Shrivastav and Mr. Bharat Deepak, Advocates. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The appeal impugns the judgment and preliminary decree dated 7th January, 2012 (in Civil Suit No.57/2009/2006 of the Court of Additional District Judge (ADJ) Central-07, Tis Hazari Courts, Delhi) of partition of property No.65-66, Ram Nagar, Paharganj, Delhi, declaring the appellant/defendant and the three respondents/plaintiffs to be having 1/4 th share each in the said property.2. Notice of the appeal was issued but proceedings with respect to the final decree permitted to continue. The appeal was admitted for hearing on 5th August, 2013 when finding, that the controversy is in a narrow compass, the appeal posted for hearing f...
Dr. Vivek Ranjan Biswas and ors. Vs. Union of India and ors.
Court: Delhi
Decided on: Aug-14-2013
* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.5123/2013 14th August, 2013 % DR. VIVEK RANJAN BISWAS & ORS. ..... Petitioners Through: Counsel for the petitioner (appearance not given). versus UNION OF INDIA AND ORS. Through: ..... Respondents Ms. Richa Kapoor, CGSC. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. It appears that some litigants, and with respect if I may say so some lawyers, in spite of knowing that disputes between the employees of Union of India and the Union of India can only be decided by the Central Administrative Tribunal (CAT), yet, approach this Court under Article 226 of the Constitution of India.2. It is apposite, at this stage, to refer to para 99 of the Constitution Bench judgment of the Supreme Court in the case of L. Chandra Kumar Vs. Union of India and Ors. (1997) 3 SCC 26.and which reads as under:99. In view of the reasoning adopted by us, we hold that Clause 2(d) of Article 323A and...
Kahan Udyog Vs. Commissioner of Income Tax
Court: Delhi
Decided on: Aug-14-2013
$~R-24. * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL NO. 56/2000 Date of decision:14. h August, 2013 KAHAN UDYOG ..... Appellant Through Mr. Prakash Kumar, Advocate. versus COMMISSIONER OF INCOME TAX ..... Respondent Through Mr. Sanjeev Rajpal, 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 Kahan Udyog relates to block period 1st April, 1985 to 16th November, 1995 and arises out of the order of the Income Tax Appellate Tribunal dated 31st December, 1999 in IT(SS) A. No. 32/Del/96. The appeal was admitted vide order dated 9th May, 2001 and the following substantial question of law was framed:Whether the Tribunals conclusions as regards the additions under Section 69C of the IncomeTax Act, 1961 are sustainable? 2. On 16th November, 1995 search operations under Section 132 of the Income Tax Act, 1961 (Act, for short) were conducted at business premises of Mahavir ...
R.K.Sadh and ors Vs. Punjab National Bank
Court: Delhi
Decided on: Aug-14-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 3042/2013 14th August , 2013 R.K.SADH & ORS Through: ......Petitioner Mr. A.Bhardwaj and Mr. Samundra Sain, Advocates. VERSUS PUNJAB NATIONAL BANK Through: ...... Respondents Mr. Rajat Arora, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition was filed seeking the following reliefs:(A) to set-aside/quash the promotions of 139 candidates empanelled by the Respondent Bank during the year 2013-13 in SMG Scale-IV, effected under the clarificatory guidelines circulated vide Circular 88 of 8-5-2012. (B) consider the total vacancies of 383, in the selection process of the year 201213 i.e 140 of Circular No. 83/2012 and 242 of Circular No. 147 of 2013. (C) Consider the Petitioners to be eligible for promotion with effect from the year 2012-13 and maintain their inter-se seniority as per seniority list of 1-1-2012. (D) Pass such other or further, writ...
M/S. National Highways Authority of India Vs. M/S Gammon-atlanta (Jv)
Court: Delhi
Decided on: Aug-14-2013
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 14.08.2013 + FAO(OS) 366/2013 M/S. NATIONAL HIGHWAYS AUTHORITY OF INDIA .... Appellant Through: Mr. Ravi Gupta, Sr. Adv. with Ms.Tanu Priya & Ms. Meenakshi Sood, Advs. versus M/S GAMMON-ATLANTA (JV) ..... Respondent Through: Mr. Amit George, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % Caveat No.691/2013 Learned counsel for the caveator has put in appearance. Accordingly caveat stands discharged. CM No.12395/2013(exemption) Allowed, subject to all just exceptions. Application stands disposed off. FAO(OS) No.366/2013 & CM Nos.12393/2013 (for stay), 12394/2013 (for condonation of delay) 1. The present appeal has been filed against the judgment/order of the learned Single Judge dated 17th July, 2012, rejecting the present FAO(OS)366/2013 Page 1 appellants (NHAIs) objections under Section 34 of the Arbitration and Conciliation Act, 1996.2. The Award dat...
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