Delhi Court December 2014 Judgments
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Shalu Gill Vs. Joginder Pal Babbar
Court: Delhi
Decided on: Dec-15-2014
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA5262014, CM Nos.17676-17677/2014 Decided on 15th December, 2014 SHALU GILL Through ..... Appellant Mr. M.L. Sharma and Ms. Suman, Advocates Versus JOGINDER PAL BABBAR Through ..... Respondent Mr. Sandeep Khurana, Mr. Manuj Aggarwal and Ms. Seemab Ali Fatima, Advocates CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K.PATHAK, J.(ORAL) 1. The respondent filed a suit for recovery of possession, permanent injunction, recovery of damages and unpaid rent against the appellant. On an application under Order 12 Rule 6 of Code of Civil Procedure, 1908 (hereinafter referred as CPC) filed by the respondent, trial court has passed a decree of possession. As regard other reliefs, suit is still pending. Aggreived by the decree of possession, appellant has preferred this appeal.2. The respondent alleged in the plaint that he had let out the DDA Flat No.307, Ground Floor, LIG Category, Pocket-3, Madipur, New Delhi to appellant on a monthly rent of `6,000/- ...
Mukesh and Ors. Vs. State of Delhi
Court: Delhi
Decided on: Dec-15-2014
IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No.784 of 2008 MUKESH & ORS. ..... Appellants Through: Mr. Atul Kumar and Mr. Binay Kumar Jha, Advocates. versus STATE OF DELHI ..... Respondent Through: Ms. Isha Khanna, APP. CORAM: JUSTICE S. MURALIDHAR ORDER1512.2014 1. This appeal is directed against the judgment dated 1 st August 2008 passed by the learned Additional Sessions Judge (ASJ) in SC No.62 of 2006 convicting Mukesh, Accused No.1 (A-1) and Krishna, Accused No.3 (A-3) [Appellants herein]. for the offence under Section 498A/34 IPC and the order on sentence dated 5 th August 2008 sentencing each of them to undergo rigorous imprisonment (RI) for 2 years and fine of Rs.5,000 each and in default to undergo RI for 2 months.2. By the same judgment both accused were acquitted for the offence under Section 328/34 IPC and Ishwar, Accused No.2 (A-2) was acquitted of all the offences. The case of the prosecution 3. Sheela @ Sushila (PW-3) got married to A-1 on 12th November 2003. She and ...
Jai Kishore @ Sheru Vs. The State
Court: Delhi
Decided on: Dec-15-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 15, 2015 + CRL.A. 1318/2014 SUNIL Represented by: ..... Appellant Ms.Saahila Lamba, Advocate versus STATE Represented by: ..... Respondent Mr.Lovkesh Sawhney, APP Insp.Sanjeev, PS Shahbad Dairy CRL.A. 1271/2014 JAI KISHORE @ SHERU Represented by: ..... Appellant Mr.Sunil Dahiya, Advocate versus THE STATE Represented by: ..... Respondent Mr.Varun Goswami, Advocate Insp.Sanjeev, PS Shahbad Dairy CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE R.K.GAUBA PRADEEP NANDRAJOG, J.(Oral) 1. Believing the testimony of Sushila PW-1, her son Tinku PW-2 and her neighbour Rekha PW-4, vide impugned decision dated April 24, 2014 the learned Trial Judge has held that the prosecution has successfully proved the fact that appellants Jai Kishore @ Sheru and Sunil along with two absconding co-accused named Raju and Munna, in furtherance of their common intention, using the handle Ex.P-1 of a hand-pump and a wooden stick ...
Sunil Vs. State
Court: Delhi
Decided on: Dec-15-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 15, 2015 + CRL.A. 1318/2014 SUNIL Represented by: ..... Appellant Ms.Saahila Lamba, Advocate versus STATE Represented by: ..... Respondent Mr.Lovkesh Sawhney, APP Insp.Sanjeev, PS Shahbad Dairy CRL.A. 1271/2014 JAI KISHORE @ SHERU Represented by: ..... Appellant Mr.Sunil Dahiya, Advocate versus THE STATE Represented by: ..... Respondent Mr.Varun Goswami, Advocate Insp.Sanjeev, PS Shahbad Dairy CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE R.K.GAUBA PRADEEP NANDRAJOG, J.(Oral) 1. Believing the testimony of Sushila PW-1, her son Tinku PW-2 and her neighbour Rekha PW-4, vide impugned decision dated April 24, 2014 the learned Trial Judge has held that the prosecution has successfully proved the fact that appellants Jai Kishore @ Sheru and Sunil along with two absconding co-accused named Raju and Munna, in furtherance of their common intention, using the handle Ex.P-1 of a hand-pump and a wooden stick ...
Commissioner of Service Tax Vs. Japan Airlines International Co. Ltd.
Court: Delhi
Decided on: Dec-15-2014
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: December 15, 2014 + CEAC612014 COMMISSIONER OF SERVICE TAX Through: ..... Petitioner Ms.Sonia Sharma and Ms.Neha Sharma, Advocates versus JAPAN AIRLINES INTERNATIONAL CO. LTD, ...... Respondent Through: Mr.J.K.Mittal, Advocate with Mr.Rajveer Singh and Ms.Swapna Jumde, Advocates CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J (ORAL) 1. In this appeal filed by the Commissioner of Service Tax, the following substantial question of law stands admitted for hearing:Whether the Custom Excise Service Tax Appellate Tribunal was right in dismissing the appeal of the Revenue on the ground that the Committee of the Chief Commissioners had mechanically granted permission for filing of appeal without due application of mind; and whether the said aspect can be examined and made subject matter before the aforesaid Tribunal in an appeal under Section 86 (2) of the Finance Act, 1994?.2. Learned...
Yogendra Kumar Modi Vs. M.K. Modi and Another
Court: Delhi
Decided on: Dec-15-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:15. h December, 2014 % + CS(OS) No.1585/2008 YOGENDRA KUMAR MODI ..... Plaintiff Through Mr.Darpan Wadhwa, Adv. with Ms.Shruti Verma & Ms.Aditi Mohan, Advs. versus M.K. MODI & ANOTHER Through ..... Defendants Mr.Saurabh Kripal, Adv. with Mr.Ashish Jha, Mr.Nilesh Kumar & Mr.A.Siddhartha, Advs. for D-2. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.O.A. No.71/2012 (Chamber Appeal against the order dated 25th April, 2012, by plaintiff) 1. By this order, I propose to decide the abovementioned Chamber Appeal filed by the plaintiff challenging the order dated 25th April, 2012 passed by the Registrar (O) wherein the Registrar (O) accepted the security furnished by defendant No.2.2. Brief facts of the case are that the appellant/plaintiff had filed a summary suit under Order XXXVII CPC for recovery of Rs.3,43,15,780/- along with pendente lite and future interest. By order dated 1st October, 2010, the application for leav...
Welcome International Vs. Venezia Lethers Limited and Ors
Court: Delhi
Decided on: Dec-15-2014
* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:15. h December, 2014 % + CS(OS) No.1997/2012 WELCOME INTERNATIONAL Through ..... Plaintiff Mr.Raj Kamal, Adv. with Mr.Gulshan Taneja, Adv. versus VENEZIA LETHERS LIMITED & ORS Through None. ..... Defendants CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. This is a suit for recovery under Order XXXVII CPC filed by the plaintiff for a sum of Rs.31,31,225.04 along with pendente lite and future interest against the defendants.2. Brief facts of the case are that the plaintiff is engaged in the business of manufacturing and trading of footwears (shoes) and shoe accessories. Defendant No.2 to 4 are directors of the defendant No.1 company engaged in the wholesale business in the name and style of M/s Venezia Leathers Limited on the margin of profit and re-seller of the products purchased from the plaintiff and some other producers.3. It is stated that the defendant No.1 approached the plaintiff and placed confirmed purc...
Ehtiram Hussain Ansari and Ors Vs. The State (Govt of Nct of Delhi) an ...
Court: Delhi
Decided on: Dec-15-2014
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5678/2014 EHTIRAM HUSSAIN ANSARI & ORS ..... Petitioners Through: Md. Qmar Ali, Advocate with petitioners in person. versus THE STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through: Ms. Nishi Jain, APP for the State with SI Sahib Singh, PS Jagat Puri. Mr. Farooq Ahmed, Advocate for R-2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % ORDER1512.2014 Crl. M.A. 19417/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 5678/2014 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.440/2010 registered under Sections 498A/406/34 IPC at Police Station Jagat Puri on 25th December, 2010 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor and Mr. Farooq Ahmed, Advocate enter appearance and accept notice on beh...
Gaurav Grover and Anr Vs. The State (the Govt of Nct of Delhi) and Anr
Court: Delhi
Decided on: Dec-15-2014
$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5680/2014 GAURAV GROVER & ANR ..... Petitioners Through: Ms. Neena Mathur, Advocate with petitioners in person. versus THE STATE (THE GOVT OF NCT OF DELHI) & ANR ..... Respondents Through: Mr. O.P. Saxena, APP for the State with W/ASI Suman Lata, PS Vivek Vihar. Ms. Madhu Mittal, Advocate for R-2 with R-2 in person. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl. M.A. 19419/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 5680/2014 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.254/2014 registered under Sections 498A/406/34 IPC at Police Station Vivek Vihar on 8th April, 2014 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Mr. O.P. Saxena, Additional Public Prosecutor and Ms. Madhu Mittal, Advocate enter appearance and ac...
Union of India and Ors. Vs. Rumal Singh
Court: Delhi
Decided on: Dec-15-2014
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 15, 2014 + RSA332012 UNION OF INDIA & ORS Through: .....Appellants Mr. Anurag Ahluwalia, CGSC with Ms. Shipra Shukla Advocate versus RUMAL SINGH Through: ..... Respondent Mr. Niraj Jha, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Impugned order of 22nd October, 2011 refuses to condone the delay of 103 days in filing of the accompanying appeal by observing that there is no reasonable or sufficient ground to condone the delay, while relying upon ratio of Apex Courts decision in Lanka Venkateswarlu (Dead) by LRs. v. State of Andhra Pradesh and Ors., (2011) 4 SCC363 The factual background of this case already stands noted in the judgment of the trial court, who had decreed respondents suit. The charge against respondent, who was working as Sub-Inspector with the Central Reserve Police Force in 20th Battalion at Srinagar, was that he had fired a fatal shot at Constable-Mohinder Singh. The stand of r...
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