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Delhi Court December 2014 Judgments

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Dec 09 2014

Satya Prakash Mittal Vs. Union of India and ors.

Court: Delhi

Decided on: Dec-09-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:9. h December, 2014 + W.P.(C) No.2866/2014 & CMs No.5937/2014 (for stay) & 5939/2014 (for filing additional documents). SATYA PRAKASH MITTAL ..... Petitioner Through: Mr. Vinay J.Hegde & Mr. P.K. Bansal, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Rajiv Nayar, Sr. Adv. with Mr. Digvijay Rai, Mr. Jaiveer, Ms. Ruby Singh, Mr. K.D. Chopra & Ms. Nehga Gupta, Advs. for AAI. Mr. Mohan Parasaran, Sr. Adv. with Mr. K. Raghavacharuvulyu, Mr. Kailash Pandey, Ms. Arunima Pal & Mr. Ranjeet Singh, Advs. for R-3,6&8. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL), (i) impugns the Request for Qualification (RFQ) issued in August, 2012, the Request for Proposal (RFP) issued in September, 2013 and the Award of Concession granted in October, 2013 by the respondent no.2 Air...


Dec 09 2014

M/S Orissa Manganese and Minerals Ltd. Vs. Union of India and anr.

Court: Delhi

Decided on: Dec-09-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h December, 2014 % + W.P.(C) No.7745/2014 FEDERATION OF INDIAN MINERAL INDUSTRIES (FIMI) .... Petitioner Through: Dr. Abhishek Manu Singhvi, Sr. Adv. with Mr. Anand Varma & Mr. Tarun Patnaik, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Akshay Makhija, CGSC with Mr. Rohitendra Deb, Adv. for R-1. Mr. Joseph Aristotle, Sr. Adv. with Mr. M.B. Elakkumanan, Adv. for R3/State of Karnataka. Mr. Kapil Dutta, Adv. for MCD. AND + W.P.(C) No.7746/2014 M/S ORISSA MANGANESE & MINERALS LTD. .... Petitioner Through: Mr. Parag Tripathi, Sr. Adv. with Mr. Anand Varma & Mr. Tarun Patnaik, Adv. Versus UNION OF INDIA & ANR. ..... Respondents Through: Mr. Akshay Makhija, CGSC with Mr. Waize Ali Noor and Mr. Kirtiman Singh, CGSC for R-1/UOI. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. These petitions under Article 226 of the Constitution of India have been filed seeking a decla...


Dec 09 2014

Indian Medical Association Vs. Ministry of Labour and Employmentand an ...

Court: Delhi

Decided on: Dec-09-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:09. 12.2014 W.P.(C) 7080/2013 INDIAN MEDICAL ASSOCIATION ..... Petitioner versus MINISTRY OF LABOUR AND EMPLOYMENT& ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Atul Sharma and Mr Nitesh Jain. For the Respondents : Mr Ripu Daman Bhardwaj, CGSC and Mr T.P. Singh for R-1. Mr Amit Kumar and Mr Ashish Kumar for R-2. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner impugns a notification No.U-16012/02/2012-SS-I dated 13.06.2013, issued by the Ministry of Labour and Employment inasmuch as it includes the name of respondent No.2 as a constituent member of the Employees State Insurance Corporation (hereafter ESIC). The petitioner assails the appointment of respondent No.2 as a member of ESIC as being contrary to the provisions of the Employees State Insurance Act, 1948 (hereafter the ESI Act).2. According to the petitioner, the appointment of Dr. Purshottam Lal (re...


Dec 09 2014

Adidas India Marketing Pvt. Ltd. Vs. Hicare India Properties Pvt. Ltd.

Court: Delhi

Decided on: Dec-09-2014

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : December 02, 2014 Judgment Delivered on : December 09, 2014 + FAO (OS) 262/2013 ADIDAS INDIA MARKETING PVT. LTD. .....Appellant Represented by: Mr.Arvind Nigam, Sr.Advocate instructed by Mr.Pramod K.Singh and Mr.Vijay Srivastava, Advocates versus HICARE INDIA PROPERTIES PVT. LTD. .....Respondent Represented by: Mr.Arun Kathpalia, Advocate with Mr.M.Shoeb Alam, Mr.Santosh Kumar, Mr.Anupam Pandey and Mr.Shikhar Garg, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS.JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.1. Award dated December 10, 2010 passed by the learned sole arbitrator against the appellant and in favour of the respondent was challenged by the appellant by way of objections under Section 34 of the Arbitration and Conciliation Act, 1996 before the learned Single Judge of this Court. The challenge partly succeeded because of a concession given by the respondent. The concession finds a reflection in th...


Dec 09 2014

Federation of Indian Mineral Industries (Fimi) Vs. Union of India & Or ...

Court: Delhi

Decided on: Dec-09-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h December, 2014 % + W.P.(C) No.7745/2014 FEDERATION OF INDIAN MINERAL INDUSTRIES (FIMI) .... Petitioner Through: Dr. Abhishek Manu Singhvi, Sr. Adv. with Mr. Anand Varma & Mr. Tarun Patnaik, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Akshay Makhija, CGSC with Mr. Rohitendra Deb, Adv. for R-1. Mr. Joseph Aristotle, Sr. Adv. with Mr. M.B. Elakkumanan, Adv. for R3/State of Karnataka. Mr. Kapil Dutta, Adv. for MCD. AND + W.P.(C) No.7746/2014 M/S ORISSA MANGANESE & MINERALS LTD. .... Petitioner Through: Mr. Parag Tripathi, Sr. Adv. with Mr. Anand Varma & Mr. Tarun Patnaik, Adv. Versus UNION OF INDIA & ANR. ..... Respondents Through: Mr. Akshay Makhija, CGSC with Mr. Waize Ali Noor and Mr. Kirtiman Singh, CGSC for R-1/UOI. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. These petitions under Article 226 of the Constitution of India have been filed seeking a decla...


Dec 09 2014

the State (Nct of Delhi) Vs. Devender Singh & Ors

Court: Delhi

Decided on: Dec-09-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: December 09, 2014 + CRL.L.P. 728/2014 THE STATE (NCT OF DELHI) Represented by: ..... Petitioner Ms.Aashaa Tiwari, APP for the State versus DEVENDER SINGH & ORS Represented by: ..... Respondents None. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) Crl.M.A.No.19083/2014 (Exemption) Allowed. Crl.M.A.No.19082/2014 (Delay) For the reasons stated in the application 27 days delay in filing leave to appeal petition is condoned. CRL.L.P. 728/2014 1. The State seeks leave to appeal against the judgment dated July 30, 2014 whereby the respondents who are the mother-in-law, father-in-law, brothers-in-law and sister-in-law have been acquitted of the charges levelled against them. Mukesh, the husband of the complainant Sarita died during the trial and thus proceedings qua him abated.2. On March 20, 2008 at 11.32 PM an information was received at PS Narela with regard to admission of Sari...


Dec 09 2014

Commissioner of Income Tax Delhi Vs. S.Pritam Singh

Court: Delhi

Decided on: Dec-09-2014

$~R-128 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: December 09, 2014 + ITA42003 COMMISSIONER OF INCOME TAX DELHI ..... Appellant Through Mr.Kamal Sawhney, Sr. Standing Counsel with Mr.Sanjay Kumar, Advocate versus S.PRITAM SINGH ..... Respondent Through Mr.Prakash Kumar, Advocate CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J (ORAL) This appeal by the Revenue pertains to block period, assessment year 1986-87 to 13.10.1995, and impugns the findings recorded in the order dated 26.06.2002 passed by the Income Tax Appellate Tribunal in relation to deletion of addition of Rs.9,10,000/- on account of profit from undisclosed sales i.e. sales made outside the books of accounts.2. By order dated 19.12.2003, the following substantial question of law was framed:(a) Whether on the facts and in the circumstances of the case the Tribunal was correct in law in deleting the addition of Rs.9,10,000/- made on account of profits eawrned on u...


Dec 09 2014

Adidas India Marketing Pvt. Ltd. Vs. Hicare India Properties Pvt. Ltd.

Court: Delhi

Decided on: Dec-09-2014

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : December 02, 2014 Judgment Delivered on : December 09, 2014 + FAO (OS) 262/2013 ADIDAS INDIA MARKETING PVT. LTD. .....Appellant Represented by: Mr.Arvind Nigam, Sr.Advocate instructed by Mr.Pramod K.Singh and Mr.Vijay Srivastava, Advocates versus HICARE INDIA PROPERTIES PVT. LTD. .....Respondent Represented by: Mr.Arun Kathpalia, Advocate with Mr.M.Shoeb Alam, Mr.Santosh Kumar, Mr.Anupam Pandey and Mr.Shikhar Garg, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS.JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.1. Award dated December 10, 2010 passed by the learned sole arbitrator against the appellant and in favour of the respondent was challenged by the appellant by way of objections under Section 34 of the Arbitration and Conciliation Act, 1996 before the learned Single Judge of this Court. The challenge partly succeeded because of a concession given by the respondent. The concession finds a reflection in th...


Dec 09 2014

M/S Orissa Manganese & Minerals Ltd. Vs. Union of India & Anr.

Court: Delhi

Decided on: Dec-09-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h December, 2014 % + W.P.(C) No.7745/2014 FEDERATION OF INDIAN MINERAL INDUSTRIES (FIMI) .... Petitioner Through: Dr. Abhishek Manu Singhvi, Sr. Adv. with Mr. Anand Varma & Mr. Tarun Patnaik, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Mr. Akshay Makhija, CGSC with Mr. Rohitendra Deb, Adv. for R-1. Mr. Joseph Aristotle, Sr. Adv. with Mr. M.B. Elakkumanan, Adv. for R3/State of Karnataka. Mr. Kapil Dutta, Adv. for MCD. AND + W.P.(C) No.7746/2014 M/S ORISSA MANGANESE & MINERALS LTD. .... Petitioner Through: Mr. Parag Tripathi, Sr. Adv. with Mr. Anand Varma & Mr. Tarun Patnaik, Adv. Versus UNION OF INDIA & ANR. ..... Respondents Through: Mr. Akshay Makhija, CGSC with Mr. Waize Ali Noor and Mr. Kirtiman Singh, CGSC for R-1/UOI. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. These petitions under Article 226 of the Constitution of India have been filed seeking a decla...


Dec 09 2014

Ramesh Mehto Vs. State

Court: Delhi

Decided on: Dec-09-2014

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : December 09, 2014 + CRL.A. 1409/2014 RAMESH MEHTO Represented by: ..... Appellant Dr.Jose Verghese, Advocate with Mr.Jawahar Singh, Ms.Priya Singh, Mr.Dhruv Jose and Ms.Anima Kujur, Advocates versus STATE Represented by: ..... Respondent Mr.Varun Goswami, APP Insp.J.P.Meena, PS Mehrauli CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.(Oral) Crl.M.B.No.10722/2014 Since we have proceeded to hear arguments in the appeal we dismiss Crl.M.B.No.10722/2014, which seeks suspension of sentence pending final hearing of the appeal. Crl.A.No.1409/2014 1. The preface by the learned Trial Judge to the impugned decision dated May 30, 2014, reads as under:1. Honours is to be saved and upheld at all costs be it the life of ones own or the life of someone else has been and to a great extent, is still the philosophy of a good number of persons in this country and elsewhere. The honour may ...


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