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Delhi Court December 2014 Judgments

Dec 04 2014

Haryana State Small Industries and Export Corporatio Vs. Association o ...

Court: Delhi

Decided on: Dec-04-2014

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on:04. 12.2014 + O.M.P. 412/2012 HARYANA STATE SMALL INDUSTRIES & EXPORT CORPORATION LTD. ..... Petitioner Through: Mr Satinder Singh Gulati, Adv. versus ASSOCIATION OF CORPORATION AND APEX SOCIETIES OF HANDLOOMS (ACASH) ..... Respondent Through: Mr Neeraj Malhotra & Mr Prithu Garg, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 This is a petition filed under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act), whereby challenge is laid to the award dated 26.12.2011.2. Shorn of verbiage, the grievance of the petitioner is that, the learned arbitrator has, in the award, while in a sense accepted its claims, the claims, however, have been made contingent upon the result of a pending arbitration proceeding between the respondent and the State of Bihar. The petitioner is aggrieved by the fact that not only the award vis-a-vis the main claim, as also the interest sought, has been m...

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Dec 04 2014

Virender Bidhuri Vs. the State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: Dec-04-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No.701 of 2014 & CRL.M.B. No.1197 of 2014 VIRENDER BIDHURI ..... Appellant Through: Mr. Ramesh Gupta, Senior Advocate with Mr. F.A. Khan, Advocate. versus THE STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Rajat Katyal, APP for State. Mr. S.K. Rungta, Senior Advocate with Mr. Prashant Singh, Advocate for R-2. CORAM: JUSTICE S. MURALIDHAR ORDER0412.2014 Introduction 1. This appeal is directed against the judgment dated 23rd May 2014 passed by the learned Additional Sessions Judge (ASJ) in Criminal Appeal No.56 of 2013 filed by Respondent No.2 seeking setting aside an order dated 30th August 2013 passed by the learned Metropolitan Magistrate (MM) South-East in the case arising out of FIR No.40/05 registered at Police Station (PS) Sarita Vihar whereby while holding him guilty of the offence under Section 379 IPC, the learned MM had ordered release of the Appellant herein on probation of good conduct given him the benefit of Sectio...

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Dec 04 2014

Manish Gadodia Vs. Union of India and Anr.

Court: Delhi

Decided on: Dec-04-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:30. 10.2014 Judgment delivered on:04. 12.2014 % W.P.(Crl.) 1695/2014 MANISH GADODIA Through: ..... Petitioner Mr. Vikram Chaudhri, Senior Advocate with Mr. Sanjay Agarwal, Mr. Shorab Kirpal, Mr. Raktim Gogoi, & Mr. Wattan Sharma, Advocates. versus UNION OF INDIA & ANR. Through: ..... Respondents Mr. Sanjay Jain, ASG along with Mr. Sanjeev Narula, CGSC and Mr. Ajay Kalia, Advocates for respondent No.1/ UOI. Mr. S.K. Dubey & Mr. Rajmangal Kumar, Advocate for respondent No.2/ DRI. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.1. The petitioner has preferred the present writ petition under Article 226 of the Constitution of India to seek a writ of Certiorari to quash the detention order bearing No.F. No.673/06/2014-CUS VIII dated 25.07.2014 (hereinafter referred to as the detention order) passed under Section 3(1) (i) & 3(1) (iii) of the Conservation of Foreign Exchange and Preven...

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Dec 04 2014

Kale Vs. the State

Court: Delhi

Decided on: Dec-04-2014

$~9,10,13, 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : December 04, 2014 + CRL.A. 1094/2014 NASIR Represented by: ..... Appellant Mr.Vivek Sharma, Advocate with Mr.Ashok Verma, Advocate versus THE STATE Represented by: + ..... Respondent Ms.Aashaa Tiwari, APP for the State with Insp.Vijay Kumar, P.S.Vivek Vihar CRL.A. 1121/2014 RAJ KUMAR @ JHUMRU Represented by: ..... Appellant Mr.Rajat Agnihotri, Advocate versus STATE OF NCT OF DELHI Represented by: + ..... Respondent Ms.Aashaa Tiwari, APP for the State with Insp.Vijay Kumar, P.S.Vivek Vihar CRL.A. 1374/2014 KALE Represented by: CRL.A. Nos. 1094, 1121, 1374 & 1459 of /2014 ..... Appellant Mr.Vivek Sharma, Advocate with Mr.Ashok Verma, versus THE STATE Represented by: + ..... Respondent Ms.Aashaa Tiwari, APP for the State with Insp.Vijay Kumar, P.S.Vivek Vihar CRL.A. 1459/2014 AKEEL Represented by: ..... Appellant Mr.Azhar Qayum, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP for the ...

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Dec 04 2014

Ram Kumar and Ors Vs. State (Nct of Delhi) and Anr

Court: Delhi

Decided on: Dec-04-2014

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4453/2014 RAM KUMAR & ORS Through: ..... Petitioners Ms. Shobha Gupta, Advocate with petitioners in person. versus STATE (NCT OF DELHI) & ANR ..... Respondents Through: Mr. Amit Ahlawat, APP for the State with ASI Devender Kumar, PS Uttam Nagar. Complainant in person along with his father Sh. S.S. Oberoi. CORAM: HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA SUDERSHAN KUMAR MISRA, J.(Oral) 1. This petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.146/2013 registered under Sections 307/34 IPC at Police Station Uttam Nagar on 22nd March, 2013 on the ground that the matter has been amicably settled between the parties.2. Issue notice. Mr. Amit Ahlawat, Additional Public Prosecutor enters appearance and accepts notice on behalf of the State/respondent No.1.3. Petitioners and complainant are present in person. They are also identified by the Investigating Officer/ ASI Devender Kumar Police Station Uttam Nagar.4. ...

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Dec 04 2014

Raj Kumar @ Jhumru Vs. State of Nct of Delhi

Court: Delhi

Decided on: Dec-04-2014

$~9,10,13, 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : December 04, 2014 + CRL.A. 1094/2014 NASIR Represented by: ..... Appellant Mr.Vivek Sharma, Advocate with Mr.Ashok Verma, Advocate versus THE STATE Represented by: + ..... Respondent Ms.Aashaa Tiwari, APP for the State with Insp.Vijay Kumar, P.S.Vivek Vihar CRL.A. 1121/2014 RAJ KUMAR @ JHUMRU Represented by: ..... Appellant Mr.Rajat Agnihotri, Advocate versus STATE OF NCT OF DELHI Represented by: + ..... Respondent Ms.Aashaa Tiwari, APP for the State with Insp.Vijay Kumar, P.S.Vivek Vihar CRL.A. 1374/2014 KALE Represented by: CRL.A. Nos. 1094, 1121, 1374 & 1459 of /2014 ..... Appellant Mr.Vivek Sharma, Advocate with Mr.Ashok Verma, versus THE STATE Represented by: + ..... Respondent Ms.Aashaa Tiwari, APP for the State with Insp.Vijay Kumar, P.S.Vivek Vihar CRL.A. 1459/2014 AKEEL Represented by: ..... Appellant Mr.Azhar Qayum, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP for the ...

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Dec 04 2014

K.T. Holidays Pvt Ltd. Vs. Japan International Co-Operation Agency

Court: Delhi

Decided on: Dec-04-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:04. hDecember, 2014 + CS (OS) No.383/ 2013 K.T. HOLIDAYS PVT LTD. Through: .... Plaintiff Mr. Nikhil Rohatgi, Advocate versus JAPAN INTERNATIONAL CO-OPERATION AGENCY .... Defendant Through: Mr. Amit Dhingra, Advocate CORAM: HON'BLE MR. JUSTICE G.P. MITTAL CS (OS) No.383/ 2013 AND I.A. No.14388/ 2014 1. This suit for recovery of 79,53,634/- has been filed by the Plaintiff against the Defendant ( 69,53,634/- being the price of air tickets; interest @ 24% per annum from the month of February, 2010 and 10,00,000/- towards damages) with the allegation that the Defendant approached the Plaintiff for supply of air tickets (for the officers and employees of the Defendant) and a Travel Desk Agreement (TDA) dated 01.04.2009 was entered into between the parties whereby the Plaintiff was required to provide services like renting cars, booking hotels, air tickets etc. to the Defendant. For this purpose, one employee of the Plaintiff was also...

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Dec 04 2014

Pasupati Spinning and Weaving Mills Ltd Vs. Regional Provident Fund Co ...

Court: Delhi

Decided on: Dec-04-2014

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:4. h December, 2014 + W.P.(C) No.2182/2011 PASUPATI SPINNING AND WEAVING MILLS LTD..... Petitioner Represented by: Mr. Navin Chawla, Mr. Aditya V. Singh and Mr. Anurag Narula, Advocates. Versus REGIONAL PROVIDENT FUND COMMISSIONER AND ANR ..... Respondents Represented by: Ms.Aparna Bhat, Advocate for Respondent No.1. Mr.H.K.Chaturvedi, Advocate for the Respondent No.2. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present petition is directed against the original order dated 28.03.2005 passed by the Assistant Provident Fund Commissioner and the appellate order dated 28.01.2011, whereby an amount of Rs.56,086/- has been determined on account of provident fund dues for the period from September, 1999 to April, 2003, in respect of respondent No.2.2. Vide the aforesaid original order, the petitioner was directed that the amount shall be paid in respective accounts within a period of 15 days from the da...

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Dec 04 2014

Caravan Roadways Ltd. Vs. Hafed Spinning Mills and Anr.

Court: Delhi

Decided on: Dec-04-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:04. 12.2014 + OMP652011 CARAVAN ROADWAYS LTD. ..... PETITIONER Versus HAFED SPINNING MILLS AND ANR. ..... RESPONDENTS Advocates who appeared in this case: For the Petitioner : Mr. Deepak Diwan, Advocate For the Respondents: Mr. Yashpal Rangi, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER,J (ORAL) 1. Even though the captioned petition has been registered as an OMP, it seeks to assail the award dated 09.04.2007 passed under Sections 30 and 33 of the Arbitration Act, 1940 (in short the 1940 Act). The learned counsel for the petitioner says that the petition, in substance encapsulates the objections to the aforementioned award and since proceedings had commenced prior to the Arbitration and Conciliation Act, 1996 (in short the 1996 Act) came into force, the objections were preferred under Sections 30 and 33 of the 1940 Act.2. It may only to be noted that this is a third round of litigation. The petiti...

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Dec 04 2014

Usman Vs. State

Court: Delhi

Decided on: Dec-04-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 04, 2014 + CRL.A. 1350/2014 USMAN Represented by: ..... Appellant Mr.Pramod Kumar Dubey, Advocate with Ms.Megha, Advocate versus STATE Represented by: ..... Respondent Ms.Aashaa Tiwari, APP for the State with Insp.Girish Kumar Singh, P.S.Okhla Industrial Area. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.(Oral) Crl.M.B.No.10623/2014 Since the appeal is being heard, instant application which seeks suspension of the sentence pending hearing of the appeal is dismissed. CRL.A. 1350/2014 1. With respect to the testimony of Fahimuddin PW-1, Jamaluddin PW- 2, the brothers of deceased Taufiq Alam @ Sonu and Mohan Singh PW-3, the owner of house RZ-336/21, Tuglakabad Extn. Delhi, in a room whereof dead body of Taufiq Alam was recovered in the morning of January 21, 2008, the learned Trial Judge has held that the prosecution has successfully established that appellant Usm...

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