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Delhi Court December 2014 Judgments

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Dec 24 2014

Bihar Sugar Mills Assn. and Ors. Vs. Uoi and Ors.

Court: Delhi

Decided on: Dec-24-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA6092003 Reserved on:16. 12.2014 Pronounced on:24. 12.2014 BIHAR SUGAR MILLS ASSOCIATION & OTHERS ..... Appellants Through: Mr. Jayant Bhushan, Sr. Advocate with Mr. Kumar Rajesh Singh, Mr. Praveen Kumar and Ms. Punam Singh, Advocates Versus UOI & ORS. ..... Respondents Through: Mr. Sanjeev Narula, Standing Counsel for UOI with Mr. Ajay Kalra, Advocate CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE P.S. TEJI JUDGMENT : MS.G.ROHINI, CHIEF JUSTICE1 This appeal is preferred against the order of the learned Single Judge dated 08.05.2003 in W.P.(C) No.2638/2002.2. Aggrieved by the levy sugar price fixed for the sugar season 1974-75 vide notification dated 13.04.1999, the appellants/petitioners filed W.P.(C) No.2638/2002 with a prayer to quash the said notification as well as the decision of the Government of India, Department of Food and Public Distribution vide letter dated 19.12.2001 thereby rejecting the request of the petitioner No.1 t...


Dec 24 2014

Shenzen Oneplus Technology Co Ltd Vs. Micromax Informatics Limited

Court: Delhi

Decided on: Dec-24-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : December 24, 2014 + FAO(OS) 540/2014 SHENZEN ONEPLUS TECHNOLOGY CO LTD ..... Appellant Represented by: Mr.Kapil Sibal, Sr.Advocate instructed by Mr.Pravin Anand, Ms.Amisha Nagarajan, Mr.Nischal Anand and Mr.Aman Taneja, Advocates versus MICROMAX INFORMATICS LIMITED ..... Respondent Represented by: Mr.Rajiv Nayar, Sr.Advocate instructed by Mr.Kirat Singh Nagra, Ms.Jyoti Pawar and Mr.Kartik Yadav, Advocates for R-1 Mr.Ashwani Mata, Sr.Advocate instructed by Mr.M.S.Ananth, Mr.A.Banarjee and Mr.Raghav Kapoor, Advocates for R-2 & R-3 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE R.K.GAUBA PRADEEP NANDRAJOG, J.1. We shall be referring to the parties as under:- (a) Micromax Informatics Ltd. (The Plaintiff) : Micromax (b) Shenzhen OnePlus Technology Co.Ltd. (Defendant No.1) (c) : OnePlus Cyanogen Inc. and CyanogenMod LLC (Defendants No.2 &3) FAO (OS) No.540/2014 2. Micromax is the protagonist and OnePlus is the a...


Dec 24 2014

Col. S.J. Chaudhri Vs. Vantage Construction Pvt. Ltd. and Ors.

Court: Delhi

Decided on: Dec-24-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. 12.2014 Pronounced on:24. 12.2014 + REV.PET.474/2012 IN CS(OS) 1286/1990 COL. S. J.CHAUDHRI ..... Petitioner Through: Sh. Ravi Gupta, Sr. Advocate with Sh. Abhimanyu Mahajan and Sh. Milan Deep Singh, Advocate. Versus VANTAGE CONSTRUCTION PVT. LTD. AND ORS. ..... Respondents Through: Sh. Prashant Bhushan with Sh. Rohit Kumar Singh, Advocates. Sh. N.S. Vashisht, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE S. RAVINDRA BHAT % 1. This judgment will dispose of a review petition preferred by the plaintiff in CS(OS) 1286 of 1990; the review petitioner is hereafter referred to as the plaintiff. The plaintiff seeks review on a limited issue in respect of the judgment dated 02.07.2012 passed in CS(OS) 1286 of 1990.2. Briefly, the facts are that the plaintiff owns 20-A, Friends Colony, New Delhi and had entered into an Agreement on 23.04.1987 with the first defendant (referred to as the Builder - a term which also e...


Dec 24 2014

Mohd. Afzal Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Dec-24-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 1367 of 2010 Reserved on: December 19, 2014 Decision on: December 24, 2014 MOHD. AFZAL ..... Appellant Through: Mr. Anurag Jain, Advocate. versus STATE (NCT OF DELHI) ..... Respondent Through: Ms. Isha Khanna and Mr. Rajat Katyal, APPs with SI G.D. Joshi, Special Cell. CORAM: JUSTICE S. MURALIDHAR JUDGEMENT2412.2014 1. This appeal is directed against the impugned judgment dated 22nd September 2010 passed by the learned Special Judge, NDPS in SC No.38 of 2008 convicting the Appellant for the offence under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) and the order on sentence dated 23rd September 2010 sentencing him to rigorous imprisonment (RI) for ten years with fine of Rs.1 lakh and in default to undergo simple imprisonment (SI) for six months.2. The case of the prosecution is that on 23rd December 2006, SubInspector (SI) A.K. Singh of Special Cell (PW-5) received a secret information that the Appellant...


Dec 24 2014

Sanjay Vs. The State (Govt. of Delhi)

Court: Delhi

Decided on: Dec-24-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No.765 of 2008 Reserved on: December 15, 2014 Decision on: December 24, 2014 SANJAY ..... Appellant Through: Mr. L.K. Verma, Advocate. versus THE STATE (GOVT. OF DELHI) ..... Respondent Through: Mr. Rajat Katyal, APP. CORAM: JUSTICE S. MURALIDHAR JUDGMENT2412.2014 1. This appeal is directed against the judgment dated 5 th August 2008 passed by the learned Additional Sessions Judge (ASJ) in SC No.3 of 2006 holding the Appellant guilty of the offences under Sections 394/454 IPC and the order on sentence dated 22nd August 2008 whereby he was sentenced to rigorous imprisonment (RI) for 7 years and fine of Rs.10,000 and in default to undergo simple imprisonment (SI) for 3 months for the offence under Section 394 IPC and RI for 2 years and fine of Rs.1,000 and in default to undergo SI for 15 days for the offence under Section 454 IPC. Both the sentences were directed to run concurrently. The case of the prosecution 2. The case of the prosecution...


Dec 24 2014

Amit Mukhopadhyay Vs. Delhi Development Authority and Ors.

Court: Delhi

Decided on: Dec-24-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:- 24th December, 2014 % + WP(C) No.7040/2014 AMIT MUKHOPADHYAY ..... Petitioner Through: Mr. Rabindra Singh, Adv. Versus DELHI DEVELOPMENT AUTHORITY & ORS. ..... Respondents Through: Mr. Ajay Verma, Adv. for respondent no.1 DDA. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 The petition impugns Regulation 7 of the Delhi Development Authority (Management and Disposal of Housing Estates) Regulations 1968 and subclauses (iii) and (vii) and the eligibility clause / criteria (2) of the DDA Housing Scheme, 2014 and seeks certain other directions with respect to the said scheme and also cancellation of the allotment obtained by the respondents No.2 and 3 namely Shri Budh Raj and Mrs. Kiran Raj, w/o Shri Budh Raj from the respondent No.1 Delhi Development Authority (DDA) in violation of the Rules and Regulations of DDA.2. It is the case of the petitioner i) that the respondent no.1 DDA has ...


Dec 24 2014

National Thermal Power Corporation Limited Vs. Regional Provident Fund ...

Court: Delhi

Decided on: Dec-24-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:24. h December, 2014 % + W.P. (C) No.691/2011 NATIONAL THERMAL POWER CORPORATION LIMITED ..... Petitioner Represented by: Mr. R.R. Kumar, Adv. versus REGIONAL PROVIDENT FUND COMMISSIONER-II ..... Respondent Represented by: Mr. Shivanath Mahanta, Adv. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Vide the present petition, the petitioner seeks directions for quashing the impugned orders dated 30.11.2006 and 01.11.2010 passed by Original Authority and Appellate Authority whereby the petitioner Establishment has been directed to pay a sum of Rs.68,616/- as penal damages under Section 14B and penal interest a sum of Rs.8,09,593/payable under Section 7Q of the Employees Provident Funds & Miscellaneous Provisions Act, 1952 (for short the Act).2. Learned counsel appearing on behalf of the petitioner submitted that the respondent issued scheme in the year 1996 w.e.f. November, 1995 that the Establishment shall deposi...


Dec 24 2014

Thomas Cook (India) Limited Vs. Mohit Jain and Anr.

Court: Delhi

Decided on: Dec-24-2014

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 1690/2011 Judgment delivered on:24. h December,2014 % THOMAS COOK (INDIA) LIMITED ..... Petitioner Represented by: Mr. Alok Bhasin and Ms. Poonam Das, Advs. versus MOHIT JAIN & ANR. ..... Respondents Represented by: Mr. Vikas Arora and Mr. Akshat Rehani, Advs. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Vide the present petition, the petitioner seeks quashing and setting the impugned award dated 15.02.2010, passed by the Labour Court in I.D. No.111/2000, whereby the learned Labour Court directed the petitioner to pay compensation in the form of lump sum amount of Rs. 3 lac (Rupees Three Lakhs) towards all the claims of the respondent/workman.2. Mr. Alok Bhasin, learned counsel appearing on behalf of the petitioner submitted that the respondent was appointed as a trainee on 09.07.1997 for a fixed term of one year. Thereafter, he was appointed as an Executive, Foreign Exchange and was posted at Hotel Imperial Branch on 2...


Dec 24 2014

M/S Omaxe Infrastructure and Construction Pvt. Ltd Vs. Union of India, ...

Court: Delhi

Decided on: Dec-24-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. h December, 2014. % + O.M.P. 1641/2014 & I.A. No.26253/2014 (u/O6R-17 CPC) OMAXE INFRASTRUCTURE AND CONSTRUCTION LTD ..... Petitioner Through: Mr. Kapil Sibal, Sr. Adv. with Mr. Sandeep Sharma, Mr. Vikas Sharma, Mr. Amit Chaudhary & Ms. Risha Mittal, Advs. Versus DIRECTOR CONTRACT (UNION OF INDIA) ..... Respondent Through: Mr. Jaswinder Singh & Mr. Saqib, Advs. AND + O.M.P. 1642/2014 & I.A. No.26254/2014 (u/O6R-17 CPC) M/S OMAXE INFRASTRUCTURE AND CONSTRUCTION PVT. LTD. ..... Petitioner Through: Mr. Kapil Sibal, Sr. Adv. with Mr. Sandeep Sharma, Mr. Vikas Sharma, Mr. Amit Chaudhary & Ms. Risha Mittal, Advs. Versus UNION OF INDIA, DIRECTOR GENERAL, MARRIED ACCOMMODATION PROJECT PHASE-II, ..... Respondent Through: Mr. Jaswinder Singh & Mr. Saqib, Advs. AND + O.M.P. 1643/2014 & I.A. No.26255/2014 (u/O6R-17 CPC) M/S OMAXE INFRASTRUCTURE AND CONSTRUCTION LTD. ..... Petitioner Through: Mr. Kapil Sibal, Sr. Adv. with Mr. Sandeep Sh...


Dec 24 2014

Kamlesh Vs. Sanjay and Ors.

Court: Delhi

Decided on: Dec-24-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: December 10, 2014 Judgment Delivered on: December 24, 2014 + CRL.A.1685/2014 STATE (NCT OF DELHI) Represented by: ..... Appellant Ms.Aashaa Tiwari, APP Insp.J.S.Mehta, SHO and SI Sachin Kumar, PS Karawal Nagar versus PARWATI @ KANTA & ORS. ..... Respondents Represented by: Mr.Shailender Dahiya, Advocate with Mr.Pradeep Ahlawat, Advocate CRL.A.1123/2014 KAMLESH Represented by: ..... Appellant Mr.Deepak Anand, Advocate with Ms.Hemlata Rawat and Mr.Sujit Kumar Singh, Advocates for R-1, R-2 and R-3 Ms.Aashaa Tiwari, APP for R-4 Insp.J.S.Mehta, SHO and SI Sachin Kumar, PS Karawal Nagar versus SANJAY & ORS. Represented by: ..... Respondents Mr.Shailender Dahiya, Advocate with Mr.Pradeep Ahlawat, Advocate CRL.A.1133/2014 PARWATI @ KANTA Represented by: CRL.A.No.1685/2014 & conn.matters ..... Appellant with Mr.Pradeep Ahlawat, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP Insp.J.S.Mehta, SHO and SI...


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