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Delhi Court November 2014 Judgments

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Nov 18 2014

Vasu Dev Pahwa and Anr Vs. Union of India and Ors

Court: Delhi

Decided on: Nov-18-2014

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4393/2014 & CM No.8778/2014 VASU DEV PAHWA & ANR .... Petitioners versus UNION OF INDIA AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr Sumit Bansal, Ms Richa Oberoi, Ms Jagriti Ahuja and Mr Ateev Mathur, Advocates For the Respondents : Mr Satya Siddiqui and Mr S.K. Mishra, Advocates for R-1 Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for 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 petitioners seek 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 petitio...


Nov 18 2014

Gaurav Bhutani and Ors Vs. State of Nct of Delhi and Anr

Court: Delhi

Decided on: Nov-18-2014

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5216/2014 GAURAV BHUTANI & ORS Through ..... Petitioners Mr. Sanjay Madan, Advocate. versus STATE OF NCT OF DELHI & ANR ..... Respondents Through Ms. Nishi Jain, Additional Public Prosecutor. Sub Inpsector Md. Haroon. Mr. Varun Gupta Advocate with R2 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) 1. This petition under Section 482 Cr.P.C. seeks quashing of FIR No.330/2011 registered under Sections 498-A, 406, 34 IPC at police station Tilak Nagar, on 28.09.2011, on the ground that the matter has been settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor for the State, and Mr. Varun Gupta, Advocate for respondent No.2 Ms. Shikha, enter appearance and accept notice. The complainant / respondent No.2 is also identified by the Investigating Officer, Sub Inspector Md. Haroon in Court today.3. It is stated that the aforesaid FIR came to be lodged at the ...


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

Varun Srivastava Vs. State and anr.

Court: Delhi

Decided on: Nov-18-2014

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. h November, 2014 BAIL APPLN. 2333/2014 VARUN SRIVASTAVA Through: versus STATE & ANR. Through: + BAIL APPLN. 2455/2013 RAJAN PRAKASH Through: ..... Petitioner Mr. Avinash Trivedi, Advocate ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State along with SI Narsingh, PS Aman Vihar Mr. Rishikesh Kumar and Ms. Neha Pratap, Advocates for complainant ..... Petitioner Mr. Rishikesh Kumar, Advocate versus STATE Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State along with SI Narsingh, PS Aman Vihar Mr. Rishikesh Kumar and Ms. Neha Pratap, Advocates for complainant CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Vide this common order, I shall dispose of two applications bearing bail application No.2333/2014 and 2455/2013 filed by Varun Srivastava and Rajan Prakash respectively seeking anticipatory bail in case FIR No.614/2013 u/s 186/353/332/506/...


Nov 18 2014

Sukhbir Singh and anr. Vs. Union of India and ors

Court: Delhi

Decided on: Nov-18-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4375/2014 & CM87492014 ... Petitioners SUKHBIR SINGH AND ANR. versus UNION OF INDIA & ORS ... Respondents Advocates who appeared in this case: For the Petitioner : Mr Murari Gupta For the Respondents : Mr Yeeshu Jain with Ms Jyoti Tyagi Mr Siddharth Panda Mr Arjun Pant for the DDA. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioners seek 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 that the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act) in respect of which Award No.75B/1983-84 dated 12.12.1997 was made, inter alia in respect of the petitioners lands comprised ...


Nov 18 2014

The Commissioner of Income Tax-ii Vs. Jds Apparels Private Limited

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL No.608/2014 Reserved on:30. h September, 2014 Date of Decision:18. h November, 2014 % THE COMMISSIONER OF INCOME TAX-II ..... Appellant Through Mr. Rohit Madan, Sr. Standing Counsel. Versus JDS APPARELS PRIVATE LIMITED ..... Respondent Through Mr. Sanat Kapoor & Mr. Varun Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.: This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (Act, for short) impugns the finding recorded by the Income Tax Appellate Tribunal (Tribunal, for short) in their order dated 7th February, 2014 that the respondent-assessee, JDS Apparels Private Limited had not violated Section 194H of the Act. As a consequence, it has been held that the Assessing Officer was wrong in invoking Section 40(a)(ia) of the Act and accordingly had erred in making addition of Rs.44,65,654/-, i.e. the charges deducted by M/s HDFC Bank Ltd (HDFC, ...


Nov 18 2014

Vineet Agrawal Vs. Union of India and ors

Court: Delhi

Decided on: Nov-18-2014

$~26(III) * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4362/2014 & CM87362014 VINEET AGRAWAL .... Petitioner versus UNION OF INDIA & ORS ..... Respondents Advocates who appeared in this case: For the Petitioner For the Respondent No.2 For the Respondent No.3 : Mr Ateev Mathur with Ms Richa Oberoi and Ms Jagriti Ahuja : Mr Yeeshu Jain with Ms Jyoti Tyagi : 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 initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act) in respect of which Award No.1/2007-08 dated 06.08.200...


Nov 18 2014

Jagrup Singh and ors Vs. Union of India and ors

Court: Delhi

Decided on: Nov-18-2014

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4418/2014 & CM No.8849/2014 (Stay) JAGRUP SINGH AND ORS .... Petitioners versus UNION OF INDIA AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr Raghuvinder Varma, Advocate For the Respondents : Mr Chandra Shekhar, Advocate for R-1 & R-2 Mr Pawan Mathur, Advocate for R-3 Mr Siddharth Panda, Advocate for R-4 to R-6 CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioners seek 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 initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the 1894 Act) in respect of which Award No.13...


Nov 18 2014

Vasu Dev Pahwa and anr Vs. Union of India and ors

Court: Delhi

Decided on: Nov-18-2014

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 11.2014 W.P.(C) 4393/2014 & CM No.8778/2014 VASU DEV PAHWA & ANR .... Petitioners versus UNION OF INDIA AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr Sumit Bansal, Ms Richa Oberoi, Ms Jagriti Ahuja and Mr Ateev Mathur, Advocates For the Respondents : Mr Satya Siddiqui and Mr S.K. Mishra, Advocates for R-1 Mr Yeeshu Jain and Ms Jyoti Tyagi, Advocates for 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 petitioners seek 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 petitio...


Nov 18 2014

Shri Mohd. Shakir and ors. Vs. Shri Abdul Salam and anr.

Court: Delhi

Decided on: Nov-18-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Ex.F.A.No.3/2014 & CM Nos.1752-1753/2014 & 4906/2014 18th November, 2014 % SHRI MOHD. SHAKIR & ORS. Through: ......Appellants Mohd. Ikram, Adv. VERSUS SHRI ABDUL SALAM & ANR. Through: ...... Respondents Mr. G.S.Sharma, Adv. for R-1 CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This execution first appeal is filed by the appellants, who had filed objections in the executing court against execution of the judgment and decree dated 31.1.2012 passed in favour of the respondent no.1/decree holder with respect to the property being H.No.C-428 (wrongly recorded as H.No.C-420A in the impugned order dated 10.10.2013), Gali No.10, (out of Khasra No.1/7) Brij Puri, Delhi-94.2. Objectors in their objection applications stated that the property originally belonged to Sh. Ram Saran, who sold it to Shamshad, who further sold it to the judgment debtor (JD)/respondent no.2/Sh. Hussain Ahmad and ...


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