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Delhi Court December 2014 Judgments

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Dec 05 2014

Nishant & Ors Vs. Fci and Ors

Court: Delhi

Decided on: Dec-05-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7168/2014 Decided on 05.12.2014 IN THE MATTER OF : NISHANT & ORS Through: J.S. Bhasin with Ms. Rashmi Priya, Advocates ..... Petitioners versus FCI AND ORS ..... Respondents Through: Mr. Mohan Sharma, Advocate for FCI. Mr. Vikas Mahajan, Advocate for UOI. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The present petition has been filed by the petitioners praying inter alia for quashing and setting aside the show cause notices dated 10.06.2013 issued by the Regional Director (NR) of the respondent No.2/Staff Selection Commission (in short SSC), whereunder they were informed that on failure to show cause, their candidature in the Combined Recruitment for Assistant Grade III in General, Depot, Technical and Accounts Cadre and Hindi Posts (AG-II) in the Examination, 2012 held for respondent No.1/FCI, would be cancelled and they would be debarred for a period of five years from the Commissions examinations.2. With the consent...


Dec 05 2014

Bhavneet Singh Vs. University of Delhi and Ors

Court: Delhi

Decided on: Dec-05-2014

* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 8545/2014 and CM APPL. 19721-19722/2014 Decided on :05. 12.2014 IN THE MATTER OF: BHAVNEET SINGH ..... Petitioner Through: Mr. Jasbir Singh Malik, Advocate versus UNIVERSITY OF DELHI AND ORS ..... Respondents Through: Mr. Santosh Kumar, Advocate for R1 Ms. Senjul Khanna, Advocate for Mr. Amit Bansal, Advocate for R-2/College . CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The present petition has been filed by the petitioner praying inter alia for directions to the respondent No.1/University and the respondent No.2/College to consider appointing him to the post of Administrative Officer of the respondent No.2/College, in terms of an advertisement dated 13.09.2013. Further, the petitioner seeks quashing/setting aside the decision to select the respondent No.3 to the subject post.2. Learned counsel for the petitioner states that pursuant to an advertisement dated 13.09.2013 issued by the respondent No.2/College, vacancies ...


Dec 05 2014

Raju Vs. State

Court: Delhi

Decided on: Dec-05-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: December 02, 2014 Judgment Delivered on: December 05, 2014 % + CRL.A. 1048/2014 RAJU Represented by: ..... Appellant Mr.K.Singhal, Adv. with appellant in person. Versus STATE Represented by: .... Respondent Mr.Varun Goswami, APP with Insp.Rajesh Kumar, PS Swaroop Nagar. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Raju was charged for committing the murder of Smt.Shashi Rai and firing upon Ajay thus causing bullet injuries on his person in furtherance of common intention with one A a juvenile. Vide impugned judgment dated July 16, 2014 the learned Trial Court has convicted Raju for the offence punishable under Section 302/34 IPC, 307/34 IPC and 25 Arms Act and has sentenced him to undergo imprisonment for life and to pay fine in sum of `50,000/- for the offence punishable under Section 302/34 IPC; to undergo rigorous imprisonment for 7 years and fine in sum of `50,000/- for...


Dec 05 2014

Rahul Mittal & Ors Vs. Payal Aggarwal & Anr

Court: Delhi

Decided on: Dec-05-2014

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5545/2014 RAHUL MITTAL & ORS Through: ..... Petitioners Mr. Gurmit Singh, Advocate with petitioners in person. versus PAYAL AGGARWAL & ANR ..... Respondents Through: Mr. Rakesh Kumar, Advocate for the complainant with complainant in person. Mr. Amit Ahlawat, APP for the State with SI Saurabh Kumar, PS CWC, Nanakpura. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % SUDERSHAN KUMAR MISRA, J.(Oral) Crl. M.A. 18936/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 5545/2014 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.105/2010 registered under Sections 498A/406/34 IPC at Police Station Crime (Women) Cell on 8th July, 2010 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Mr. Rakesh Kumar, Advocate and Mr. Amit Ahlawat, Additional Public Prosecutor enter appearanc...


Dec 05 2014

Mani Kumar Rinkesh & Anr Vs. Govt. of Nct of Delhi & Ors

Court: Delhi

Decided on: Dec-05-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 125/2014 Decided on :05. 12.2014 IN THE MATTER OF: MANI KUMAR RINKESH & ANR ..... Petitioners Through: Mr. Shanker Raju, Advocate with Mr. Nilansh Gaur, Advocate versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Ms. Latika Choudhary, Advocate for Ms. Avnish Ahlawat, Advocate for R-2/D&SJ.Mr. Amit Mahajan, CGSC with Mr. Siddhartha Das, Advocate for R-3/UOI. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The main relief sought by the petitioners is for issuance of directions to the respondent No.3/Department of Tele-communication (in short DOT), to allow their repatriation in the respondent No.2/D&SJ.2. Counsel for the respondent No.2/D&SJ draws the attention of the court to a letter dated 02.08.2013, issued by the respondent No.3/DOT, informing the latter that all the officials, who had joined the DOT including those from the Tis Hazari Courts, Delhi, have successfully completed their probation period vide orde...


Dec 05 2014

New Green Field Public School Vs. the Controlling Authority & Ors.

Court: Delhi

Decided on: Dec-05-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h December, 2014 % + WP(C) No.150/2002 NEW GREEN FIELD PUBLIC SCHOOL .. Petitioner Through: Mr. Ashish Garg & Mr. Sanjay Gupta, Advs. Versus THE CONTROLLING AUTHORITY & ORS. .. Respondents Through: None. CORAM:HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The petition impugns the order dated 18th July, 2001, of the Controlling Authority under the Payment of Gratuity Act, 1972 (Gratuity Act) in proceeding No.G21/2000/Sough Region/5675 initiated by the respondent No.3 Mrs. P. Satyavani, rejecting the preliminary objection raised by the petitioner of the said respondent No.3 employed as a Trained Graduate Teacher (TGT) with the petitioner School being not an employee within the meaning of Section 2(e) of the Gratuity Act and resultantly, holding the proceeding initiated by the respondent No.3 Mrs. P. Satyavani to be maintainable and listing it for evidence.2. The petitioner preferred an appeal to the Appellate Authority under the Gratu...


Dec 05 2014

New India Assurance Co Ltd Vs. Urvashi Anwani and Ors

Court: Delhi

Decided on: Dec-05-2014

$~A-8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:05. 12.2014 MAC.APP. 7/2011 NEW INDIA ASSURANCE CO LTD ..... Appellant Through Mr.Manish Kaushik, Advocate for Mr.K.L.Nandwani, Advocate. versus URVASHI ANWANI & ORS ..... Respondents Through Mr.S.N.Parashar, Advocate. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) 1. The present appeal is filed seeking to impugn the award dated 04.09.2010.2. The brief facts which led to filing of the claim petition are that the deceased Vikram Anwani on 11.09.2008 was going on foot. Near Shakti Sthal Bus Stand, Ring Road, Darya Ganj, Delhi, he was hit by a motorcycle which said to be driven in a rash and negligent manner. He fell down on the road and sustained fatal injuries.3. Based on the evidence on record, the Tribunal concluded that the accident took place due to the rash and negligent driving of the offending vehicle. On compensation the Tribunal awarded a total compensation of Rs.15,61,600/- as follows:Loss of fi...


Dec 05 2014

Lalit Bagai Vs. Deputy Commissioner of Income Tax Circle 38 (1)

Court: Delhi

Decided on: Dec-05-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:05. 12.2014 W.P.(C) 5054/2014 and CM No.10078/2014 LALIT BAGAI ... Petitioner versus DEPUTY COMMISSIONER OF INCOME TAX CIRCLE38(1) ... Respondent Advocates who appeared in this case: For the Petitioner : Mr Gagan Kumar For the Respondents : Ms Suruchi Aggarwal CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This writ petition is directed against the notice dated 26.03.2014 issued under Section 148 of the Income-tax Act, 1961 seeking to reopen the assessment for the assessment year 2007-08. It is obvious that the notice has been issued beyond four years from the end of the relevant assessment year. Therefore, the learned counsel for the petitioner has urged that the proviso to Section 147 would be applicable. The said proviso requires, inter alia, the following conditions to be fulfilled before the assessment can be reopened beyond the said period of four...


Dec 05 2014

R.K. JaIn Vs. Chairman, Income Tax Settlement Commission and Ors.

Court: Delhi

Decided on: Dec-05-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:05. 12.2014 W.P.(C) 2939/2014 R.K. JAIN ..... Petitioner versus CHAIRMAN, INCOME TAX SETTLEMENT COMMISSION & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Rajveer Singh. For the Respondents : Mr P. Roychaudhuri. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner, inter alia, impugns an order dated 14.02.2014 passed by respondent No.3 Central Public Information Officer & Administrative Officer, Income Tax Settlement Commission, denying the information, which was earlier directed to be supplied to the petitioner under the provisions of the Right to Information Act, 2005 (hereafter the RTI Act).2. The impugned order indicates that the order dated 26.09.2013 passed by respondent No.2 pursuant to an application filed by the petitioner under the RTI Act; and the order dated 21.10.2013 passed by respondent No.4 in an appeal preferred by the petitioner against the or...


Dec 05 2014

Azmal Khan and Anr Vs. State Govt of Nct of Delhi and Anr

Court: Delhi

Decided on: Dec-05-2014

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5524/2014 AZMAL KHAN & ANR Through: ..... Petitioners Mr. Avinash Yadav, Advocate with petitioners in person. versus STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through: Ms. Nishi Jain, APP for the State with SI Shankar Lal, PS Vivek Vihar. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA % ORDER0512.2014 Crl. M.A. 18886/2014 (for exemption) Exemption, as prayed for, is allowed, subject to all just exceptions. The application stands disposed off. CRL.M.C. 5524/2014 and Crl. M.A. 18887/2014 (for stay) 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.159/2012 registered under Sections 498A/406/34 IPC at Police Station Vivek Vihar on 31st May, 2012 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Ms. Nishi Jain, Additional Public Prosecutor enters appearance and accepts notice on behalf of the State/respondent No.1.3. Petitioners as well as compl...


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