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Delhi Court May 2014 Judgments

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May 22 2014

Jai Kishan Khanna Since Deceased Through Lr Rajeev Vs. Shantnu Appt. C ...

Court: Delhi

Decided on: May-22-2014

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:22. 05.2014 WP(C) 2900/2014 and CM60152014 JAI KISHAN KHANNA SINCE DECEASED THROUGH LR RAJEEV KHANNA ... Petitioner versus SHANTNU APPT. COOP GROUP HOUSING SOCIETY REGISTRATION No.1111 ... Respondents Advocates who appeared in this case: For the Petitioner For the Respondent : Mr Kamal Kapoor : Mr Saurabh Pandey 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 order dated 11.03.2014 passed by the Delhi Cooperative Tribunal in Appeal No.42/2014/DCT which had been preferred by the petitioner and which has been dismissed by the said Tribunal in limine on the ground that the appeal is not maintainable.2. The petitioner claims to be a member of Shantnu Apartments CGHS Limited. A letter dated 19.08.2013 had been sent by the said society to the Registrar of Cooperative Societies on the subject of expulsion of the petiti...


May 22 2014

Manoj Kumar Verma Vs. State

Court: Delhi

Decided on: May-22-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: May 22, 2014 + CRL.A. 3/2000 MANOJ KUMAR VERMA Through ..... Appellant Mr.Aditya Aggarwal & Mr.Rahul Kumar, Advocates versus STATE Through ..... Respondent Mr. Ravi Nayak, APP for the State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT KAILASH GAMBHIR, J1 To commit a murder is brutal in itself, but it is most dehumanizing and bestial when one fellow human is set ablaze by the hands of another human in a moment of rage. There can be various reasons which may drive a person to commit a crime. There exists no logic or rationality which may excuse any crime irrespective of its magnitude. Moreover, in no circumstances an action as nefarious or inhuman as burning a person alive may be justified. The acts of a man is the mirror to his mind and it is a dark reflection of his soul that we see when he loses his rationality and reason and is overcome by emotion so extreme as to turn into a barb...


May 22 2014

Radhey Shyam and Another Vs. Kamaljeet Singh Bhatia

Court: Delhi

Decided on: May-22-2014

$~ 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 547/2011 % Judgment dated 22.05.2014 RADHEY SHYAM AND ANOTHER ..... Plaintiff Through: Mr.Sunil Lalwani, Advocate versus KAMALJEET SINGH BHATIA Through ..... Defendant CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. Plaintiffs have filed the present suit for specific performance and injunction against the defendant. Despite service, defendant has chosen not to appear in the matter and accordingly the defendant was proceeded ex parte vide order dated 3.4.2013. Plaintiff has filed the ex parte evidence by way of affidavit of the plaintiff no.1.2. As per the evidence of PW-1 (plaintiff no.1), defendant is the owner of property bearing No.57, Pocket-11, Sector-24, Rohini, Delhi measuring 60 sq. metrs. The sale deed in favour of the defendant is stated to be registered at serial no.2735 in additional book no.9 volume 1333 at pages 532 to 38 dated 2.3.2001. This property was purchased by the defendant from the previous o...


May 22 2014

Commissioner of Income Tax (C)-iii Vs. M/S Flakes-n-flavourz New Delhi ...

Court: Delhi

Decided on: May-22-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:22. 05.2014 W.P.(C) 830/2013 & CM No.1599/2013 COMMISSIONER OF INCOME TAX (C)-III ..... Petitioner versus M/S FLAKES-N-FLAVOURZ NEW DELHI AND ANR ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr N.P. Sahni and Mr Nitin Gulati, Advocates For the Respondents : Mr Parag Tripathi, Sr. Advocate with Mr Vivek Kohli, Mr Kunal Bahri, Ms Shivambika Sinha and Mr Shwetank Tripathi, Advocates for R-1 CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This writ petition is directed against the order dated 21.05.2012 passed by the Income Tax Settlement Commission, Principle Bench, New Delhi on an application for settlement under Section 245C(1) of the Income Tax Act, 1961 (the said Act). The only point urged by Mr Sahni appearing on behalf of the petitioner/Commissioner of Income Tax is that the Settlement Commission did not consider the m...


May 22 2014

Satish and ors. Vs. State

Court: Delhi

Decided on: May-22-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.571/1999 Date of decision:22. d May, 2014 % SATISH AND ORS. ..... Appellants Through Mr. M.L. Yadav, Advocate. Versus STATE ..... Respondent Through Ms. Rajdipa Behura, APP for the State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE G.P. MITTAL SANJIV KHANNA, J.(ORAL): Mangal, one of the appellant, has expired and the present appeal has been pressed on behalf of Satish and Subhash who are aggrieved by their conviction under Section 302 read with Section 34 of the Indian Penal Code 1860 ( for short IPC) for murder of Maya Devi. The appellants were also convicted under Section 324 read with Section 34 of IPC for having caused simple injuries to Kitab Singh. The impugned conviction arises out of FIR No.410/96, P.S. Sultan Puri, which became subject matter of Sessions Case No.394/96.2. By order on sentence dated 30th September, 1999, both the appellants have been sentenced to undergo imprisonment for life and...


May 21 2014

Escorts Ltd. Vs. Prakash Chand Patidar

Court: Delhi

Decided on: May-21-2014

$-12 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :21. t MAY, 2014 + CRL.A.No.1265/2013 ESCORTS LTD. ..... Appellant Through : Mr.R.M.Bagai, Advocate with Ms.Damini Khaira, Advocate. versus PRAKASH CHAND PATIDAR Through : ..... Respondent Mr.Debashis Rout, Proxy counsel. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. The appellant has filed the present appeal to challenge the legality and correctness of order dated 28.06.2011 of learned Metropolitan Magistrate whereby the complaint case under Section 138 Negotiable Instruments Act filed by the appellant was dismissed for non-prosecution. The appeal was admitted and notice was given to the respondent who put appearance through counsel. However, no response to the appeal was filed.2. Perusal of the file reveals that complaint case under Section 138 Negotiable Instruments Act was filed against the respondent before the learned Metropolitan Magistrate. The complainant tendered his evidence by way of affidavit and co...


May 21 2014

Vishal Singh and anr Vs. Union of India and ors

Court: Delhi

Decided on: May-21-2014

17 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3259/2014 VISHAL SINGH AND ANR ..... Petitioners Through: Mr. Harish Malhotra, Senior Advocate with Mr. T. Singhdev and Mr. Ankit Kumar Lal, Advocates. versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. B.V. Niren, Advocate with Mr. Udit Gupta and Ms. Archana Gaur, Advocates for UOI/respondents No.1 to 3. Date of Decision :21. t May, 2014 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) Issue notice. Mr. B.V. Niren, learned counsel accepts notice on behalf of respondents. He prays for and is granted six weeks to file a counter affidavit. Rejoinder affidavit, if any, be filed before the next date of hearing. List the matter on 07th August, 2014. CM APPL. 6734/2014 in W.P.(C) 3259/2014 Present writ petition has been filed challenging the orders dated 24 th February, 2014, 18th March, 2014 and 16th May, 2014 issued by the respondents whereby not only certain directions have been issued by the respondents...


May 21 2014

Om Parkash @ Ponty Vs. State

Court: Delhi

Decided on: May-21-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % +1. Date of Decision: May 21, 2014 CRL.A. 159/2000 JAI PRAKASH @ AJAY ..... Appellant Through: Ms. Charu Verma, Amicus Curiae. versus STATE ..... Respondent Through: Ms. Jasbir Kaur, APP for State. AND +2. CRL.A. 414/2000 OM PARKASH @ PONTY ..... Appellant Through: Ms. Charu Verma, Amicus Curiae. Versus STATE ..... Respondent Through: Ms. Jasbir Kaur, APP for State. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.1. By this common judgment, Crl.A.159/2000 filed by appellant Jai Prakash @ Ajay and Crl.A.414/2000 filed by appellant Om Parkash @ Ponty are being decided. In the aforesaid two appeals, the appellants-Jai Prakash @ Ajay and Om Parkash @ Ponty Singh have challenged the judgment dated 25th February, 2000 passed in Sessions Case no.57/98 by the ld.ASJ, Delhi whereby the appellants along with one co-accused person namely Sanjay have been convicted under Section 392/34 IPC and the order of sentence dated 26th February, 2000 where...


May 21 2014

Mahmood and anr. Vs. State

Court: Delhi

Decided on: May-21-2014

$-13 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :21. t MAY, 2014 + CRL.A.No.369/2000 MAHMOOD & ANR. Through : ..... Appellants Mr.Manoj Bhandari, Advocate. VERSUS STATE ..... Respondent Through : Mr.M.N.Dudeja, APP. CORAM: HONBLE MR. JUSTICE S.P.GARG S.P.Garg, J.(Open Court) 1. Mahmood (A-1) and Sayed Ahmed (A-2) impugn their conviction under Sections 498A/34 IPC by a judgment dated 22.04.2000 of learned Additional Sessions Judge in Sessions Case No.29/95 arising out of FIR No.199/94 PS Sadar Bazar. By an order dated 01.05.2000, they were sentenced to undergo RI for two years with fine ` 5,000/- each.2. The appellants were charge-sheeted for committing offences under Sections 498A/304B/34 IPC. On 11.08.1994, Daily Diary (DD) No.12A was recorded regarding the incident and the investigation was assigned to ASI Doodh Nath. He went to RML Hospital and obtained MLC of the victim Saira who was unfit to make statement. The Investigating Officer informed SDM, Kotwali, who recorded he...


May 21 2014

Ajay Sharma Vs. State of Delhi

Court: Delhi

Decided on: May-21-2014

R-11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :15.5.2014 Judgment delivered on :21.05.2014. CRL.A. 637/2001 AJAY SHARMA ..... Appellant Through Mr.K.B.Andley, Sr.Advocate with Mr.M.L.Yadav and Mr. M.Shamikh, Advocates. versus STATE OF DELHI Through ..... Respondent Ms.Fizani Hussain, APP. Mr.Kamran Malik, Advocate for the complainant. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 Appellant is aggrieved by the impugned judgment and order of sentence dated 24.08.2001 and 25.08.2001 respectively wherein the appellant had been convicted for the offence under Section 376 of the IPC and had been sentenced to undergo RI for 1 year and to pay a compensation of Rs.1,50,0000/-. 2 The case of the prosecution was built up in the testimony of the prosecutrix (PW-5) namely V whose allegation was that on the intervening night of 5/6.7.1997 at about 11.00 p.m. when she was returning home after watching TV in the house of her neighbor Suresh Pal she was called ...


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