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Delhi Court September 2013 Judgments

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Sep 02 2013

Suhdir JaIn Vs. R.P. Mittal

Court: Delhi

Decided on: Sep-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + I.A. No. 3789/2012 in CS(OS) 386/2012 Reserved on:22. d August, 2013 Decided on:2. d September, 2013 % SUHDIR JAIN Through: ..... Plaintiff Mr. V. Sishagiri, Ms. Anjali Agarwal and Ms. Archana Lakhotia, Advocates. versus R.P. MITTAL Through: ..... Defendant Mr. Jatinder Kumar Sethi, Advocate. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By this application under Order VI Rule 17 CPC read with Section 151 CPC the Plaintiff seeks to amend the plaint, delete Para- 1(b) of the plaint and to make necessary corrections in respect of the typographical error which has occurred in various paragraphs by writing Rs. 7.40 crores instead of Rs. 7.74 crores.2. Learned counsel for the Plaintiff submits that when the plaint was drafted the Plaintiff was not present in India and thus he had instructed that the plaint should be signed, verified and instituted for and on behalf of the Plaintiff by one Mr. Ashu Jain, the authorized representative of the Plaintiff by...


Sep 02 2013

J.N.Khanna and ors. Vs. R.K.Rawal and anr.

Court: Delhi

Decided on: Sep-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: August 08, 2013 Pronounced on: September 02, 2013 + Crl. M.C. No.5096/2006 & Crl.M.A. No.11915/2006 J.N. KHANNA & ORS. Through: ..... Petitioners Mr. Sumit Bansal, Mr. Ajay Monga, Mr. Ateev Mathur & Ms. Sumi Anand, Advocates. versus R.K. RAWAL & ANR. Through: ..... Respondents Ms. Rajdipa Behura, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT 1. Quashing of complaint under Section 56 of Foreign Exchange Regulation Act, 1973, read with sub-Section (3) and (4) of Section 49 of the Foreign Exchange Management Act, 1999 and Opportunity Notice of 12th May, 2002 (Annexure P-3) against the officers of ANZ Grindlays Bank who had handled the transactions of Non Resident (External) Account by Dr. P.K. Ramakrishnan, is sought. The precise ground upon which quashing of the proceedings arising out of the criminal complaint in question is sought by petitioners is that neither of petitioners had consented, connived or neglected in perfor...


Sep 02 2013

Ankit Dutt (Minor) Vs. Guru Gobind Singh Indraprastha University and o ...

Court: Delhi

Decided on: Sep-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:02. 09.2013 W.P.(C) 5456/2013 & CM 12197/2013 ANKIT DUTT (MINOR) Through: ..... Petitioner Mr. L.K. Singh and Mr. Sonal Sinha, Advs. versus GURU GOBIND SINGH INDRAPRASTHA UNIVERSITY & ORS. .. Respondent Through: Mr. Vaibhav Kalra with Ms. Sumedha Dang, Advs. for GGSIPU CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before this Court applied for admission to B.Tech Programme of the respondent no.1-Guru Gobind Singh Indraprastha University for the academic year 2013-2014. The petitioner had exercised various options as regards the colleges where he wanted admission. The second option exercised by the petitioner was Guru Premsukh Memorial College of Engineering whereas the sixth option exercised by him was Delhi Institute of Tool Engineering. In the second round of counselling, the petitioner was allotted a seat for the said course in Delhi Institute of Tool Engineering. Based upon the said allo...


Sep 02 2013

Swarna and Another Vs. the State (Nct of Delhi)

Court: Delhi

Decided on: Sep-02-2013

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No. 140 of 2004 Date of Decision:2. d September1. SWARNA 2 NISHA Through: ..... Appellants Mr. Vikas Arora, Advocate. versus THE STATE (NCT OF DELHI) ..... Respondent Through: Ms. Fizani Husain, APP for the State. CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT :SUNITA GUPTA, J.1. Appellants are the mother-in-law and sister-in-law of deceased Kiran who have assailed the conviction order dated 17.01.2004 and order of sentence dated 06.02.2004 passed against them by the learned Additional Sessions Judge, Delhi in Session Case No.668/1996 arising out of FIR No.739/1984 P.S. Kalkaji u/s 498A306 IPC vide which both the appellants were convicted for offence u/s 498A/306 IPC r/w Section 34 IPC and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs.2,000/- for offence u/s 306 IPC and in default of payment of fine to further undergo simple imprisonment for one month. They were also sentenced to undergo rigorous i...


Sep 02 2013

Vindhya Telelinks Limited Vs. Bharat Sanchar Nigam Limited

Court: Delhi

Decided on: Sep-02-2013

* THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:19. 08.2013 Judgment delivered on:02. 09.2013 + EX. P. 136/2010 VINDHYA TELELINKS LIMITED .....Decree Holder Vs BHARAT SANCHAR NIGAM LIMITED .....Judgment Debtor Advocates appeared in this case: For the Decree Holder: For the Judgment Debtor: Mr Narendera M. Sharma & Mr Abhishek Sharma, Advocates. Mr Chandan Kumar, Advocate. CORAM :HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.EA(OS) No. 719/2011 (objections by the judgment debtor) 1. This is an application filed by the Bharat Sanchar Nigam Limited (in short BSNL). By this application, the BSNL/judgment debtor (JD) opposes the execution of the decree with respect of the balance amount outstanding in favour of the decree holder. The decree holder claims realization of amount equivalent to an amount of Rs. 16,84,223/- being, the interest which accrued on the principal amount at the rate of 18% per annum during the period 26.09.2001 till 16.06.2010; when finally the prin...


Sep 02 2013

Pavani Bhardwaj Vs. Union of India and ors.

Court: Delhi

Decided on: Sep-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:02. 09.2013 W.P.(C) 5458/2013 & CM 12199-12200/2013 PAVANI BHARDWAJ ..... Petitioner Through: Mr. V.K. Tandon, Ms. Mamta Tandon, Mr. G.D. Parashar and Mr. D. Rajeshwar Rao, Advs. versus UNION OF INDIA & ORS. ..... Respondent Through: Ms. Shipra Shukla, Adv. for R-1 Mr. Mukul Talwar, Mr. S. Mohapatra, Advs. for GGSIP University CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) The petitioner before ther Court applied for admission to B.A. LLB Course of the respondent-Guru Gobind Singh Indraprastha University (GGSIPU) and was allotted a seat in IIMT College affiliated to the said university, in the first round of counseling. Though hes preference was for a seat in Vivekananda Institute of Professional Studies (VIPS), an another institute affiliated to the said university, but no seat was allotted to her in the said preferred institute even after taking part in second round of counselling. The VIPS issued a notic...


Sep 02 2013

Sudhir Kumar Vs. State of Nct of Delhi

Court: Delhi

Decided on: Sep-02-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Crl. Appeal No. 605/2013 Reserved on:14. h May, 2013 Date of Decision:2. d September, 2013 % SUDHIR KUMAR ....Appellant Through Ms. Nandita Rao, Advocate. Versus STATE OF NCT OF DELHI Respondent Through Ms. Richa Kapoor, APP. Crl.Appeal No. 232/2013 SALMA Appellant Through Ms. Anu Narula, Advocate. Versus STATE Respondent Through Ms. Richa Kapoor, APP. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE VED PRAKASH VAISH SANJIV KHANNA, J.These two appeals by Sudhir Kumar and Salma arise from a common judgment and order of sentence dated 11th January, 2012 and 15th February, 2012 respectively. The two appellants have been convicted under Section 302/392/411/34 of the Indian Penal Code 1860 (IPC, for short). They have been sentenced to life imprisonment and fine of Rs.5,000/- each and in default of payment of fine to undergo rigorous imprisonment for three months each, for the offence under Section 302/34 IPC; rigorous imprisonment for ...


Sep 02 2013

Harpal Singh Jatav Vs. Delhi High Court and ors.

Court: Delhi

Decided on: Sep-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on August 07, 2013 Judgment Delivered on September 02, 2013 + W.P.(C) 7711/2012 HARPAL SINGH JATAV Represented by: ..... Petitioners Mr.Vikram Saini, Advocate versus DELHI HIGH COURT AND ORS. Represented by: ..... Respondents Mr.Abhishek Vikram, Advocate for Mr.Viraj R.Datar, Advocate for R-1 & R-3 Ms.Avnish Ahlawat, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. In this writ petition the petitioner has sought a writ of certiorari for quashing letter dated September 26, 2011, letter dated August 29, 2012 and Minutes dated May 14, 2012 and letter dated July 05,2012, whereby the request of the petitioner for grant of arrears of pay and allowances from the date his immediate junior was promoted to the date of his actual promotion was rejected so also for review and consideration of that rejection.2. Brief facts to be noted are that while working as a Senior As...


Sep 02 2013

Arun Vishwash Sardar Vs. Union of India and ors.

Court: Delhi

Decided on: Sep-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:02. 09.2013 W.P.(C) 5457/2013 & CM 12198/2013 ARUN VISHWASH SARDAR Through: ..... Petitioner Mr. C. B. Singh, Adv. versus UNION OF INDIA & ORS. Through: ..... Respondents Mr. Joginder Sukhija, CGSC with Mr. Satyajit Sarma, Adv. for R-1 and 2. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) As per the Model Constitution issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel & Training) in respect of Residents Welfare Associations recognized by the Government of India, the affairs of the associations have to be managed by a Managing Committee comprising of as many as 10 persons who are to be elected simultaneously. The office bearers and members of the Managing Committee hold office for two years but they continue until fresh elections are held and results declared by the 30 th April of that year, whichever is earlier. Clause (IV) (c) and IX(b) of the said Constitution rea...


Sep 02 2013

Commissioner of Income Tax Vs. Sam Global Securities Ltd

Court: Delhi

Decided on: Sep-02-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:2. d September, 2013. + % Income Tax Appeal 214/2013 COMMISSIONER OF INCOME TAX Through: Mr.Sanjeev Counsel. ..... Appellant Rajpal, Sr. Standing versus SAM GLOBAL SECURITIES LTD .... Respondent Through: Mr. Salil Kapoor and Mr. Vikas Jain, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL) Revenue in this appeal, which pertains to assessment year 200102, rely upon judgment of the Supreme Court in Goetze (India) Ltd. Vs. CIT, (2006) 284 ITR 32.(SC). The contention is that the respondent-assessee should be denied deduction under Section 10 (35)(a) of the Income Tax Act, 1961(Act) and claim of business loss of Rs.85,18,854/- should be rejected as no revised return was filed under Section 139(5) of the Act.2. It is an accepted position that the assessee had not claimed the said deduction or business loss in the return of income filed on 31st October, 2001, declaring ...


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