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Delhi Court December 2014 Judgments

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Dec 08 2014

State Vs. Bashir Ahmed Ponnu & Ors

Court: Delhi

Decided on: Dec-08-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 10, 2014 Judgment Delivered on: December 08, 2014 % + CRL.A. 1065/2014 STATE Represented by: ..... Appellant Mr.Varun Goswami, APP for the State with SI Dalip Kumar, Spl.Cell/NDR. versus BASHIR AHMED PONNU & ORS ..... Respondent Represented by: Mr.Dinesh Sharma, Advocate for Respondent Nos.1 to 3. Ms.Saahila Lamba, Advocate for Respondent No.4. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. The State is aggrieved by the decision of the learned Additional Sessions Judge acquitting the respondents Bashir Ahmed Ponnu, Fayaz Ahmed Lone, Abdul Majeed Baba and Shahid Gafoor for the offences punishable under Section 120B/121/121-A/122/123 IPC & Section 17/18/20/21/23 of Unlawful Activities (Prevention) Act (in short the UAP Act), acquitting Bashir Ahmed for offence punishable under Section 489(B)/489 (C) of IPC and Shahid Gafoor for offences punishable under Section 186/353/...


Dec 08 2014

Gagan Rastogi Vs. Rp Explorer Master Fund & Anr.

Court: Delhi

Decided on: Dec-08-2014

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :27. h November, 2014 DECIDED ON :08. h December, 2014 + CS(OS) 2596/2014 GAGAN RASTOGI Through : ..... Plaintiff Mr.Kapil Sibal, Sr.Advocate and Mr.Rajeev Nayyar, Sr.Advocate with Mr.Ayush and Mr.Himanshu Gupta, Advocates. versus RP EXPLORER MASTER FUND & ANR. ..... Defendants Through : Mr.Darpan Wadhwa with Mr.Aman Varma and Ms.Anushula Grover, Advocates for D-1. Mr.Manuj Aggarwal and Ms.Manvi Aggarwal, Advocate, for D-2. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.I.A.No.16399/2014 (u/O39R1&2) in CS(OS) No.2596/2014 1. Gagan Rastogi (hereinafter referred to plaintiff) has instituted the instant suit for injunction to restrain defendant No.1 from prosecuting and/or continuing/proceeding with Claim No.2013 Folio 1656 filed in the High Court of Justice, Queens Bench Division, Commercial Court, England qua him.2. The plaintiffs case is that he is an Indian citizen and is engaged in the business of export and import of variou...


Dec 08 2014

Malik Tanning Industries Vs. Union of India and Ors

Court: Delhi

Decided on: Dec-08-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:08. 12.2014 W.P.(C) 6387/2012 & CM No.17030/2012 MALIK TANNING INDUSTRIES ..... Petitioner versus UNION OF INDIA AND ORS ..... Respondents AND + W.P.(C) 4754/2014 & CM94672014 M/S. KAVISH IMPEX PVT. LTD. ..... Petitioner versus UNION OF INDIA AND ORS ..... Respondents Advocates who appeared in this case: For the Petitioners : Ms Shikha Sapra for petitioner in W.P.(C) 4754/2014. Mr Naveen Malhotra for petitioner in W.P.(C) 6387/2012. For the Respondents : Mr Amit Mahajan, CGSC for UOI in W.P.(C) 6387/2012. Mr Anurag Ahluwalia, CGSC with Mr Amrit Singh for respondent Nos. 1 to 3 in W.P.(C) 4754/2014. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioners impugn policy circular No.42 (RE-2010)/2009-14 dated 21.10.2011 issued by the Directorate General of Foreign Trade (hereafter referred to as impugned circular) inasmuch as it curtails the benefit available under Focus Product Scheme in respect of Techn...


Dec 08 2014

Shadeed Iron and Steel Llc Vs. Ores and Mineral Corporation

Court: Delhi

Decided on: Dec-08-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:08. 12.2014 + OMP15542014 SHADEED IRON AND STEEL LLC ..... PETITIONER Versus ORES AND MINERAL CORPORATION ..... RESPONDENT Advocates who appeared in this case: For the Petitioner : Mr. Rajiv Nayar, Sr. Advocate with Mr. Navin Chawla, Ms. Sonali Jaitley, Mr. Karan Kanwal and Mr. Rajat Jain, Advocates For the Respondent: CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER,J IA No.24520/2014 (Exemption) and 24521/2014 (Exemption) 1. Allowed subject to just exceptions. OMP15542014 and IA No.24519/2014 (stay) 2. This is a petition preferred under Section 34 of the Arbitration and Conciliation Act, 1996 (in short the Act) purportedly against the partial arbitral award dated 03.11.2014. The learned arbitrator, who has passed the award, is one, Mr. Dato Jude P. Benny. The appointment has taken place upon a request being made in this behalf by the respondent, to the International Chamber of Commerce, Paris (hereinafter in sh...


Dec 08 2014

Amit Pal Vs. Union Public Service Commission

Court: Delhi

Decided on: Dec-08-2014

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :08. 12.2014 + W.P.(C) 8393/2014, C.M. NO.19433-19434/2014 AMIT PAL ` ..... Petitioner Through: Sh. Shankar Raju, Sh. Ashish Kumar, Sh. Nilansh Gaur and Sh. Sunil Kumar, Advocates. versus UNION PUBLIC SERVICE COMMISSION ` Through: ..... Respondent Sh. Naresh Kaushik, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The writ petitioner claims a direction for the quashing of the impugned order of the Central Administrative Tribunal (CAT) dated 21.11.2014 in O.A. No.2740/2014. In his application, he claimed relief by way of a direction to the respondent to permit him to proceed further in the Civil Services Examination (hereafter referred to as CSE-2014).2. The facts of this case throw into light exceptional and peculiar circumstances which are by and large uncontroverted. The advertisement inviting applications for CSE-2014 concededly mentioned th...


Dec 08 2014

Ram Bhog Singh Vs. Rajiv Sinha & Ors.

Court: Delhi

Decided on: Dec-08-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision :08. 12.2014 % W.P.(C) 4062/2014 & C.M. Nos. 8154/2014 & 15589/2014 RAM BHOG SINGH Through: ..... Petitioner Mr. Amit Anand Tiwari, Mr. Avinash Tripathi & Mr. Abhinandan Banerjee, Advocates. versus RAJIV SINHA & ORS. Through: ..... Respondent Mr. Dheeraj Kumar & Ms. Neeti Sahu, Advocates for CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.1. The present Writ Petition has been preferred by the petitioner under Article 226 of the Constitution of India to assail the order dated 22.04.2014 of the Central Administrative Tribunal, Principal Bench, Delhi (CAT/ Tribunal) allowing OA No.1958/2011, and quashing the impugned Roster Register of STS as well as directing the official respondents to comply with the conditions prescribed in M.Nagraj & Ors. Vs. Union of India (2006) 8 SCC212 not to grant reservations to SC/ST candidates on the basis of the Roster Register prepared on the basis of res...


Dec 08 2014

Divya Vs. State & Anr

Court: Delhi

Decided on: Dec-08-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: December 08, 2014 + CRL.A. 1677/2014 DIVYA Represented by: ..... Appellant Mr.Ashwani Sharma, Advocate. versus STATE & ANR Represented by: ..... Respondents Ms.Aashaa Tiwari, APP for the State with Inspector Raj Rani Sharma, Now in PCR. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) Crl.M.A.No.19003/2014 (Exemption) Allowed. CRL.A. 1677/2014 and Crl.M.A.No.19002/2014 (Delay) 1. The appellant prefers this appeal against the judgment of the learned Trial Court dated July 08, 2014 whereby the respondent No.2 has been acquitted of the charges under Sections 363/336/34 IPC, 376 IPC, 342 IPC and 506 IPC.2. A missing report dated March 17, 2011 was lodged by Sushil Kumar, father of D stating that his daughter had gone with his sister PW-9 by Metro and thereafter she went missing. Same day PW-9 also made a complaint that on March 16, 2010 she along with the prosecutrix boarded the ...


Dec 08 2014

Dkt India Vs. Hll Lifecare Ltd. and Anr

Court: Delhi

Decided on: Dec-08-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:8. h December, 2014 % + CS(OS) 2497/2012, I.A. Nos.14914/2012, 3936/2013 & CCP(O) No.13/2013 DKT INDIA Through ..... Plaintiff Mr.Anwesh Madhukar and Mr.Anshu Bhanot, Advs. versus HLL LIFECARE LTD. & ANR ..... Defendants Through Mr.C.Mukund, Adv. with Mr.S.Sukumaran, Mr.Anand Sukumar & Mr.Bhupesh Kumar Pathak, Advs. for D-1. Mr.Himanshu, for D-2. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(Oral) 1. The plaintiff on 17th August, 2012 filed the above said suit against Bajaj Medicose, Distributor of HLL Lifecare Limited, a Government of India Enterprise and largest manufacturer of condoms in the world, seeking permanent injunction restraining the defendants from infringing, passing off and damages to the tune of Rs.45 lacs, along with four applications being (i) I.A. No.14914/2012 (under Order XXXIX Rules 1 & 2 CPC), (ii) I.A. No.14915/2012 (under Order XXVI Rule 9 read with Order XXXIX Rule 7 CPC), (iii) I.A. No...


Dec 08 2014

Gagan Rastogi Vs. Rp Explorer Master Fund and Anr.

Court: Delhi

Decided on: Dec-08-2014

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :27. h November, 2014 DECIDED ON :08. h December, 2014 + CS(OS) 2596/2014 GAGAN RASTOGI Through : ..... Plaintiff Mr.Kapil Sibal, Sr.Advocate and Mr.Rajeev Nayyar, Sr.Advocate with Mr.Ayush and Mr.Himanshu Gupta, Advocates. versus RP EXPLORER MASTER FUND & ANR. ..... Defendants Through : Mr.Darpan Wadhwa with Mr.Aman Varma and Ms.Anushula Grover, Advocates for D-1. Mr.Manuj Aggarwal and Ms.Manvi Aggarwal, Advocate, for D-2. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.I.A.No.16399/2014 (u/O39R1&2) in CS(OS) No.2596/2014 1. Gagan Rastogi (hereinafter referred to plaintiff) has instituted the instant suit for injunction to restrain defendant No.1 from prosecuting and/or continuing/proceeding with Claim No.2013 Folio 1656 filed in the High Court of Justice, Queens Bench Division, Commercial Court, England qua him.2. The plaintiffs case is that he is an Indian citizen and is engaged in the business of export and import of variou...


Dec 08 2014

State Vs. Bashir Ahmed Ponnu and Ors

Court: Delhi

Decided on: Dec-08-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 10, 2014 Judgment Delivered on: December 08, 2014 % + CRL.A. 1065/2014 STATE Represented by: ..... Appellant Mr.Varun Goswami, APP for the State with SI Dalip Kumar, Spl.Cell/NDR. versus BASHIR AHMED PONNU & ORS ..... Respondent Represented by: Mr.Dinesh Sharma, Advocate for Respondent Nos.1 to 3. Ms.Saahila Lamba, Advocate for Respondent No.4. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. The State is aggrieved by the decision of the learned Additional Sessions Judge acquitting the respondents Bashir Ahmed Ponnu, Fayaz Ahmed Lone, Abdul Majeed Baba and Shahid Gafoor for the offences punishable under Section 120B/121/121-A/122/123 IPC & Section 17/18/20/21/23 of Unlawful Activities (Prevention) Act (in short the UAP Act), acquitting Bashir Ahmed for offence punishable under Section 489(B)/489 (C) of IPC and Shahid Gafoor for offences punishable under Section 186/353/...


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