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Delhi Court November 2014 Judgments

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Nov 24 2014

Hemant Sharma and Ors Vs. State Govt of Nct of Delhi and Anr

Court: Delhi

Decided on: Nov-24-2014

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5347/2014 HEMANT SHARMA & ORS Through ..... Petitioners Mr. J.C. Mahindroo, Advocate with petitioners. versus STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. P. K. Mishra, Additional Public Prosecutor. Mr. Manish Srivastva, Advocate with R2. Sub Inspector Meenakshi. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl.M.A. No.18208/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. Crl.M.C. No.5347/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.283/2012 registered under Sections 498-A, 406, 34 IPC on 03.07.2012 at police station Jagat Puri, on the ground that the matter has been settled between the parties.2. Issue notice. Mr. P. K. Mishra, Additional Public Prosecutor for the State, and Mr. Manish Srivastva, Advocate for Respondent No.2/complainant, enter appearance and accept notice. The second r...


Nov 24 2014

Perpetuuiti Technosoft Service Pvt Ltd Vs. Sanovi Technologies (India) ...

Court: Delhi

Decided on: Nov-24-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:24. h November, 2014 % + I.A. No.13122/2013 in CS(OS) No.1618/2013 PERPETUUITI TECHNOSOFT SERVICE PVT LTD ..... Plaintiff Through Mr.C.M.Lall, Adv. with Ms.Nancy Roy, Adv. versus SANOVI TECHNOLOGIES (INIDA) PVT LTD & ANOTHER ..... Defendants Through Mrs.Prathiba M. Singh, Sr. Adv. with Mr.Vaibhav Vutts, Advs. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By this order, I propose to decide the abovementioned pending application being I.A. No.13122/2013 filed by the applicant/plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 CPC.2. The present suit has been filed by the plaintiff against defendants for damages for tortuous acts of unlawful interference with contracts and business relations worth Rs. 1 crore and permanent injunction restraining defendants from sending letters/notices to the clients and potential clients of the plaintiff.3. Brief facts of the case are that the plaintiff, a company inco...


Nov 24 2014

Cpio Cum Assistant Commissioner of Income Tax Vs. Rakesh Kumar Gupta

Court: Delhi

Decided on: Nov-24-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:24. 11.2014 W.P.(C) 85/2010 & CM Nos.156/2010 & 5560/2011 NARESH TREHAN ..... Petitioner versus RAKESH KUMAR GUPTA ..... Respondent AND + W.P.(C) 251/2010 & CM No.526/2010 AAA PORTFOLIO PVT LTD AND ANR. ..... Petitioners versus RAKESH KUMAR GUPTA ..... Respondent AND + W.P.(C) 206/2010 & CM No.392/2010 ESCORTS LTD ..... Petitioner versus RAKESH KUMAR GUPTA ..... Respondent AND + W.P.(C) 214/2010 & CM No.445/2010 CPIO CUM ASSISTANT COMMISSIONER OF INCOME TAX ..... Petitioner versus RAKESH KUMAR GUPTA ..... Respondent AND + W.P.(C) 202/2010 & 389/2010 ESCORTS HEART INSTITUTE AND RESEARCH CENTRE W.P.(C) Nos. 85/2010 & other connected matters versus RAKESH KUMAR GUPTA ..... Respondent AND + W.P.(C) 207/2010 & CM No.394/2010 RAJAN NANDA ..... Petitioner versus RAKESH KUMAR GUPTA ..... Respondent Advocates who appeared in this case: For the Petitioners : Mr Rajiv Nayar, Sr. Advocate with Ms Shyel Trehan and Ms Manjira Dasgupta in...


Nov 24 2014

Manish Dahiya and Ors Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Nov-24-2014

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4533/2014 MANISH DAHIYA & ORS Through ..... Petitioners Mr. J.K. Bhola, Advocate. versus STATE (NCT OF DELHI) ..... Respondent Through Mr. O.P. Saxena, Additional Public Prosecutor. Ms. Abha Singh, Advocate with complainant. Sub Inspector Brij Pal Singh. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl.M.A. No.15525/2014 Exemption, as prayed for, is allowed, subject to all just exceptions. This application is disposed off. Crl.M.C. No.4533/2014 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.216/2011, registered under Sections 498-A, 406, 34 IPC on 22.12.2011 at police station Prasad Nagar, on the ground that the matter has been settled between the parties.2. Issue notice. Mr. O.P. Saxena, Additional Public Prosecutor for the State, and Ms. Abha Singh, Advocate for Respondent No.2/complainant, enter appearance and accept notice. The second respondent, Smt. Madhu, who is pr...


Nov 24 2014

Aaa Portfolio Pvt Ltd and Anr. Vs. Rakesh Kumar Gupta

Court: Delhi

Decided on: Nov-24-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:24. 11.2014 W.P.(C) 85/2010 & CM Nos.156/2010 & 5560/2011 NARESH TREHAN ..... Petitioner versus RAKESH KUMAR GUPTA ..... Respondent AND + W.P.(C) 251/2010 & CM No.526/2010 AAA PORTFOLIO PVT LTD AND ANR. ..... Petitioners versus RAKESH KUMAR GUPTA ..... Respondent AND + W.P.(C) 206/2010 & CM No.392/2010 ESCORTS LTD ..... Petitioner versus RAKESH KUMAR GUPTA ..... Respondent AND + W.P.(C) 214/2010 & CM No.445/2010 CPIO CUM ASSISTANT COMMISSIONER OF INCOME TAX ..... Petitioner versus RAKESH KUMAR GUPTA ..... Respondent AND + W.P.(C) 202/2010 & 389/2010 ESCORTS HEART INSTITUTE AND RESEARCH CENTRE W.P.(C) Nos. 85/2010 & other connected matters versus RAKESH KUMAR GUPTA ..... Respondent AND + W.P.(C) 207/2010 & CM No.394/2010 RAJAN NANDA ..... Petitioner versus RAKESH KUMAR GUPTA ..... Respondent Advocates who appeared in this case: For the Petitioners : Mr Rajiv Nayar, Sr. Advocate with Ms Shyel Trehan and Ms Manjira Dasgupta in...


Nov 24 2014

Justice for All Vs. Govt. of Nct of Delhi and Anr.

Court: Delhi

Decided on: Nov-24-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. h November, 2014 % + W.P.(C) No.4607 /2013 JUSTICE FOR ALL Through: .... Petitioner Mr. Khagesh K. Jha, Adv. Versus GOVT. OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. V.K. Tandon, Adv. for GNCTD. Mr. D. Ray Chaudhary & Ms. Arpita, Advs. for DDA. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 This appeal under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL), flags the issue of allottees of land for the purpose of establishing a nursery school / play school / crches thereon, on the condition of admitting students belonging to weaker sections of the society to the extent of 25% and grant of freeship to them, after being put into possession of the said land not abiding by the said condition and the respondents Director of Education, Government of NCT of Delhi (GNCTD) and Delhi Development Authority (DDA) not only not taking any action wit...


Nov 24 2014

Vir Bala Mehta Vs. Union of India and Ors.

Court: Delhi

Decided on: Nov-24-2014

$~ 42 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:24. 11.2014 W.P.(C) 4533/2014 & CM90302014 VIR BALA MEHTA .... Petitioner versus UNION OF INDIA AND ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Sumit Bansal For the Respondents : Mr Vivek Goyal, CGSC with Ms Hanupaii for R-1. Mr Siddharth Panda Mr Arjun Pant for DDA CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioner seeks the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) which came into effect on 01.01.2014. A declaration is sought to the effect that the acquisition proceeding, which is the subject matter of the present writ petition, ought to be deemed to have lapsed in view of Section 24(2) of the 2013 Act.2. The Award under the Land Acquisition Act, 1894 (h...


Nov 24 2014

Balasubramanian Ramachandran Vs. Income Tax officer Ward 8

Court: Delhi

Decided on: Nov-24-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:24. 11.2014 W.P.(C) 6159/2013 & CM135492013 BALASUBRAMANIAN RAMACHANDRAN ..... Petitioner versus INCOME TAX OFFICER WARD8..... Respondent Advocates who appeared in this case: For the Petitioner : Mr Deepak Chopra with Mr Amit Srivastava For the Respondents : Mr Kamal Sawhney with Mr Sanjay Kumar CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This writ petition is directed against the notice under Section 148 of the Income Tax Act, 1961 (hereinafter referred to as the said Act), which was issued to the petitioner on 28.03.2012 seeking to re-open the assessment which had been completed under Section 143(3) of the said Act on 30.11.2007 in respect of the assessment year 2005-06.2. It is evident that the notice under Section 148 was issued beyond the period of four years from the end of the relevant assessment year. Consequently, the first proviso to ...


Nov 24 2014

Surya Kirti Thapar Vs. State of Nct of Delhi

Court: Delhi

Decided on: Nov-24-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. h November, 2014 Date of Decision:24. h November, 2014 % + BAIL APPLN. 334/2014 & Crl.M.A.16198/2014 SURYA KIRTI THAPAR Through: ..... Petitioner Mr. Sudhir Nandrajog, Sr. Advocate with Mr. K. Singhal and Mr. S.K. Thapar, Advocates. versus STATE OF NCT OF DELHI Through: + .....Respondent Mr. Feroz Khan Gazi, APP for the State with Inspector A.K. Singh, P.S. EOW. BAIL APPLN. 1039/2014 VIJAY KUMAR SHARMA Through: ..... Petitioner Mr. K.K. Manan with Mr. Shailendera Singh, Advocates. versus STATE THROUGH: GNCT OF DELHI .....Respondent Through: Mr. Feroz Khan Gazi, APP for the State with Inspector A.K. Singh, P.S. EOW. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH1 These are two applications filed under Section 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) seeking regular bail in case FIR No.737/2007 under Sections 420/406/120B IPC registered at P.S. Connaught Place, New Delhi. Since, both the applicati...


Nov 24 2014

Shri Iresh Duggal Vs. Shri Virender Kumar Seth and Ors.

Court: Delhi

Decided on: Nov-24-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 551/2010 24th November, 2014 % SHRI IRESH DUGGAL Through: ......Petitioner Mr. Mayank Yadav, Advocate. VERSUS SHRI VIRENDER KUMAR SETH & ORS. ...... Respondents Through: Mr. Pawan Yadav, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes VALMIKI J.MEHTA, J (ORAL) 1. This petition under Article 227 of the Constitution of India impugns the order of the trial court dated 16.5.2009 by which the trial court has rejected the prayer made by the decree holder/plaintiff for division of the tenanted premises in the ratio of 1/3rd for each of the parties to the suit in terms of the preliminary decree dated 25.9.2004 passed in a suit for dissolution of partnership and rendition of accounts. The tenanted premises are property no.18/39, Gali no.5, New Rohtak Road, Sarai Rohilla, Delhi.2. The decree holder/plaintiff had filed the subject suit for dissolution of partnership and rendition of accounts, and in ...


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