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Delhi Court November 2014 Judgments

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Nov 18 2014

Ms. Gita Singh Vs. Smt. Prem Lata Meena and Ors.

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M.(M) No.1020/2014 18th November, 2014 % MS. GITA SINGH Through: ..... Petitioner Mr. Rajesh Kumar, Advocate. Versus SMT. PREM LATA MEENA & ORS. Through: ..... Respondents CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.18924/2014 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. + C.M.(M) No.1020/2014 2. This petition under Article 227 of the Constitution of India impugns the judgment of the trial court dated 28.7.2014 by which the trial court has allowed the leave to defend application in a suit for recovery filed by the petitioner/plaintiff.3. I have asked the counsel for the petitioner to show me any para in the plaint averring as to how the suit is to be filed under Order XXXVII of Code of Civil Procedure, 1908 (CPC), and to which query counsel for the petitioner had no option but to concede that in the plaint no averment is made as ...


Nov 18 2014

Shri Puran Chand Khandelwal and Anr. Vs. Shri Kewal

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M.(M) No.1525-26/2006 18th November, 2014 % SHRI PURAN CHAND KHANDELWAL & ANR. ..... Petitioners Through: Mr. Prakash Gautam, Advocate. Versus SHRI KEWAL Through: ..... Respondent Mr. Vishal Bhatnagar, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. At the outset, at the request made on behalf of the petitioners, this petition is treated instead of as a petition under Article 227 of the Constitution of India invoking which provision the petition has been filed, instead as a petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) because the impugned judgment which is challenged is the judgment of the civil court dismissing the suit of the petitioners/plaintiffs under Section 6 of the Specific Relief Act, 1963.2. The present revision petition is filed impugning the judgment of the trial court dated 4.7.2006 which has dismissed the suit of the petitioners/p...


Nov 18 2014

Director of Income Tax (Exemption) Vs. M/S Indraprastha Cancer Society

Court: Delhi

Decided on: Nov-18-2014

* + IN THE HIGH COURT OF DELHI AT NEW DELHI INCOME TAX APPEAL No.240/2014 Reserved on:28. h October, 2014 Date of Decision:18th November, 2014 % DIRECTOR OF INCOME TAX (EXEMPTION) ..... Appellant Through Mr. Kamal Sawhney, Sr. Standing Counsel. Versus M/S INDRAPRASTHA CANCER SOCIETY ..... Respondent Through Ms. Shashi M. Kapila, Mr. R.R. Maurya and Mr. Pravesh Sharma, Advocates. INCOME TAX APPEAL NOS. 348/2014, 463/2014, 464/2014 DIRECTOR OF INCOME TAX (EXEMPTION) ..... Appellant Through Mr. Kamal Sawhney, Sr. Standing Counsel. Versus M/S SANSKRITI EDUCATIONAL SOCIETY Through Nemo. ..... Respondent INCOME TAX APPEAL No.406/2014 DIRECTOR OF INCOME TAX (EXEMPTION) ..... Appellant Through Mr. Kamal Sawhney, Sr. Standing Counsel. Versus M/S ABUL KALAM AZAD ISLAMIC AWAKENING Respondent Through Nemo. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.: This common order, in relation to the aforesaid appeals, is on the point of admission. It is noti...


Nov 18 2014

Pritosh Sharma and Ors Vs. State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: Nov-18-2014

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5203/2014 PRITOSH SHARMA & ORS ..... Petitioners Through: Mr. J.S. Rawat & Ms. Vibha Rawat, Advocates with petitioners in person versus STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Amit Ahlawat, APP for State with SI Sanjay Jain, PS Malviya Ngr Ms. Ritu Negi, Mr. B. Mishra, Advocate for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) 1. This petition has been moved under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No.263/2012 registered under Sections 498A/406/34 IPC at Police Station Malviya Nagar on 05.06.2013 on the ground that the matter has been settled between the parties.2. Issue notice.3. Counsel for the State, as well as for the second respondent/complainant, enter appearance and accept notice. The Investigating Officer, Sub-Inspector Sanjay Jain, Police Station Malviya Nagar, who is also present in Court, identifies the pe...


Nov 18 2014

Avneet Singh and Ors Vs. State and Anr

Court: Delhi

Decided on: Nov-18-2014

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4243/2014 AVNEET SINGH & ORS Through: ..... Petitioners Ms. Sangeeta jain, Advocate with petitioners in person versus STATE & ANR Through: ..... Respondents Ms. Nishi Jain, APP with ASI Shri Ram, PS Hari Nagar R-2 in person CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA ORDER % 18.11.2014 % SUDERSHAN KUMAR MISRA, J.(Oral) 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.253/2012 registered under Sections 498A/406/506/34 IPC, at Police Station Hari Nagar, on 15.07.2012 on the ground that the matter has been amicably settled between the parties.2. Issue notice.3. Ms. Nishi Jain, Additional Public Prosecutor for the State enters appearance and accepts notice. The second respondent/complainant, Gurpreet Kaur, is present. She is also identified by the Investigating Officer, Assistant Sub-Inspector Shri Ram, Police Station Hari Nagar.4. It is stated that the aforesaid FIR came to be lodged at the instance of the c...


Nov 18 2014

Ram Mohan Gupta and Anr. Vs. State and Anr.

Court: Delhi

Decided on: Nov-18-2014

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3550/2014 & CRL.M.A. No.12250/2014 RAM MOHAN GUPTA & ANR. ..... Petitioners Through: Mr. Abhik Kumar, Advocate versus STATE & ANR. Through: ..... Respondents Mr. O.P. Saxena, APP for State Mr. Deepak Gandhi, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(ORAL) 1. This petition has been filed under section 482 Cr.P.C. for quashing of FIR No.67/2012 registered at Police Station Connaught Place under Sections 409/420/120B IPC, and the proceedings emanating therefrom, allegedly on the ground that the matter has been settled.2. It is stated that the aforesaid FIR came to be lodged at the instance of the complainant alleging defalcation of approximately Rs. 64 Lacs in the matter of handling certain shares that were entrusted to the petitioner No.1, who is the Managing Director of Unicon Securities Pvt. Ltd., which is stated to be a company dealing with the trading of shares on behalf of vario...


Nov 18 2014

North Municipal Corporation of Delhi and Anr Vs. Shri Umesh Kumar Gupt ...

Court: Delhi

Decided on: Nov-18-2014

$~2 * + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO4732013 Decided on 18th November, 2014 NORTH MUNICIPAL CORPORATION OF DELHI & ANR ..... Appellants Through: Mr. Sunil K Goel, Adv. versus SHRI UMESH KUMAR GUPTA & ANR Through: ..... Respondents Mr. Ranjeet Kumar, Adv. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(ORAL) 1. Respondent was enrolled as a contractor with the appellant. Appellant awarded work of improvement of Hall, Duty Room adjoining Labour Room in GLM Hospital in City Zone to the respondent. Work was completed by the respondent in time, inasmuch as, same was inspected by the Engineer-in-Chief who recorded the same in measurement book No.1018, after taking measurement. After completing the work respondent raised the final bill. Appellant did not pass the bill despite requests of the respondent for preparing and passing the final bill. Instead, appellant started disputing the factum of work done by the respondent. In these circumstances, respondent invoked Arbitrati...


Nov 18 2014

Rohan Solomon Vs. Govt. of Nct of Delhi and Ors

Court: Delhi

Decided on: Nov-18-2014

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4453/2014 ROHAN SOLOMON .... Petitioner versus GOVT. OF NCT OF DELHI AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr B.S. Maan and Mr Vishal Maan, Advocates For the Respondents : Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for R-1 & R-2 Mr Arjun Pant, Advocate for R-3 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 Acq...


Nov 18 2014

Pawan Mishra Vs. The State

Court: Delhi

Decided on: Nov-18-2014

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :18. h November, 2014 % + BAIL APPLN. 2086/2014 PAWAN MISHRA Through : ..... Petitioner Ms.Geeta Luthra, Senior Advocate with Ms.Naina Dubey, Adv. versus THE STATE Through : ..... Respondent Ms.Rajdipa Behura, APP for the State with SI Gajender, PS Vijay Vihar. CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.(ORAL) 1. The Petitioner Pawan Mishra is seeking regular bail in case FIR No.503/2013 under Section 376(2)(f) & (n)/376 IPC, PS Vijay Vihar, Delhi.2. Chargesheet in the matter has already been filed and the case is at the stage of Prosecution Evidence wherein the statement of the Complainant/Prosecutrix has not been recorded so far.3. Perusal of the contents of the FIR reveals that the Petitioner is husband of Rinka, who is cousin (daughter of maternal Aunt) of the Prosecutrix.4. As per the complaint, the Petitioner had been harassing her for about four months prior to registration of FIR (date of FIR is 16.10.2013...


Nov 18 2014

Ravindra Kumar Verma Vs. M/S. Bptp Ltd. and Anr.

Court: Delhi

Decided on: Nov-18-2014

* + IN THE HIGH COURT OF DELHI AT NEW DELHI C.M.(M) No.1021/2014 18th November, 2014 % RAVINDRA KUMAR VERMA Through: ..... Petitioner Mr. Bharat Bhushan, Advocate. Versus M/S. BPTP LTD. & ANR. Through: ..... Respondents Mr. Harish Sharma, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes VALMIKI J.MEHTA, J (ORAL) C.M. No.18930/2014 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. + C.M.(M) No.1021/2014 and C.M. No.18931/2014 (stay) 2. This petition under Article 227 of the Constitution of India is filed by the plaintiff in the suit seeking setting aside of the impugned order dated 31.7.2014 by which trial court has allowed the application filed by the defendant/respondent no.1 under Section 8 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) and held that the suit proceedings could not be continued in view of the arbitration clause between the parties i.e parties were to re...


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