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Delhi Court July 2014 Judgments

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Jul 24 2014 (HC)

Joginder Vs. the State Nct of Delhi

Court: Delhi

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: July 24, 2014 + CRL.A.315/2013 JOGINDER Represented by: ..... Appellant Mr.Braham Singh, Advocate with Mr.N.S.Vidhudi, Advocate versus THE STATE NCT OF DELHI ..... Respondent Represented by: Mr.Lovkesh Sawhney, APP CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.(Oral) Crl.M.B.No.10058/2014 1. Appellant seeks bail stating that he has been in custody since April 16, 2011.2. Learned counsel for the State submits that a short issue arises for consideration in the appeal and prays that the appeal itself could be heard today.3. Learned counsel for the appellant agrees for the appeal to be heard today itself.4. Crl.M.B.No.10058/2014 is dismissed as not pressed. Crl.A.No.315/2013 1. Joginder Singh has been convicted for the offence of murder of his son Dev aged about one year. Crl.A.No.315/2013 imprisonment for life.2. Examined under Section 313 Cr.P.C. Joginder took the stand ...

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Jul 24 2014 (HC)

Court on Its Own Motion Vs. State

Court: Delhi

$~SDB-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1549/2009 COURT ON ITS OWN MOTION ..... Petitioner Through: Mr. Rajeev K. Virmani, Senior Advocate and amicus curiae. versus STATE Through: % ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State & Mr. Saleem Ahmed, Additional Standing Counsel (Crl.) Mr.P.K. Sharma, Standing Counsel for CBI (DHC) with Mr.Rajesh Sharma, Ms. Somi Mehra and Ms.Renu Malick, Advocates Ms. Zubeda Begum, Standing Counsel for GNCT of Delhi with Directorate of Prosecutor, Mr.V.S. Aggarwal and Mr. Alok Garg, Deputy Secretary (Home) in person. Mr. Naresh Kaushik, Ms. Aditi Gupta, Ms. Amita Chaudhary, Advocates for UPSC Mr.L.K. Singh, counsel for the Public Prosecutor Association. Ms.Meera Bhatia, Advocate for UOI. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE SUNITA GUPTA ORDER2407.2014 Fresh affidavit has been filed by Additional Secretary, Department of Home. Alongwith this affidavit, the officer has also plac...

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Jul 24 2014 (HC)

Commissioner of Income Tax Vs. Siel Ltd.

Court: Delhi

$~19 & 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:24. h July, 2014 + INCOME TAX APPEAL16162010 COMMISSIONER OF INCOME TAX ..... Appellant Through Mr. Sanjeev Sabharwal, Sr. Standing Counsel. versus SIEL LTD. Through + ..... Respondent Mr. Mayank Nagi, Advocate. INCOME TAX APPEAL16192010 COMMISSIONER OF INCOME TAX ..... Appellant Through Mr. Sanjeev Sabharwal, Sr. Standing Counsel. versus SIEL LTD. Through ..... Respondent Mr. Mayank Nagi, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.(ORAL) These two appeals by the Revenue pertain to one assessment year 2000-01 and the challenge is to acceptance of book loss of Rs.10.12 crores/indexed loss of Rs.13.62 crores on sale of shares @ Rs. 2.02 per share of Siel Tizit Ltd. on the ground that the sale was a colourable device. The said shares were sold by the respondent assessee to the joint venture partner Plansee Tizit Aktiengesellschaft, (Plansee, for short), an Aust...

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Jul 24 2014 (HC)

Express Towers Pvt. Ltd. and anr. Vs. Mohan Singh and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:16. h July, 2014 Pronounced on:24. h July, 2014 + CS (OS) No.1578/2002 EXPRESS TOWERS PVT. LTD. & ANR. ..... Plaintiff Through: Mr. Pravir K. Jain, Advocate Versus MOHAN SINGH AND ORS. Through Nemo. ..... Defendants CORAM: HON'BLE MR. JUSTICE G.P. MITTAL JUDGMENT G.P. MITTAL, J.1. This suit for specific performance, declaration alongwith perpetual and mandatory injunction has been filed by the Plaintiff (Express Towers Pvt. Ltd) through its Managing Director (R.C.Goyal), who has been authorised to sign and verify the plaint.2. According to the averments made in the Plaint, Defendants No.1 and 2 (Late Shri Mohan Singh and Smt. Jeet Kaur, who were husband and wife) were the exclusive owners of Property No.B-7/118, Safdarjung Enclave Extension, New Delhi. On 21.05.1987, they entered into an Agreement to Sell in respect of the suit property with the Plaintiff No.1 for a total consideration of Rs.23,50,000/-. A sum of Rs.1,00,000/- was p...

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Jul 23 2014 (HC)

Shashi Bhushan Lal Vs. Kanshi Ram

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % CM(M) 1301/2013 23rd July , 2014 SHASHI BHUSHAN LAL Through: ......Petitioner Mr. Braj Bhushan Lal, Adv. VERSUS KANSHI RAM ...... Respondent Through: CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. There was a Section 39 in Delhi Rent Control Act, 1958 (hereinafter referred as to the Act) which provided for filing of a second appeal. Second appeal could be filed only on limited ground of there existing a substantial question of law. The provision of Section 39 has been repealed by Act 57 of 1988 w.e.f 1.12.1988. Once second appeal cannot lie, a petition under Article 227 of the Constitution of India cannot be filed as a substitute for a second appeal. These observations I am making because if scope of hearing of a second appeal is limited, then the scope of hearing a petition under Article 227 of the Constitution of India is further limited, and also it is a discretionary jurisd...

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Jul 23 2014 (HC)

Krishan Lal Gandhi Vs. Rajendar Prasad

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) No.1059/2012 and C.M. No.16624/2012 (stay) 23rd July, 2014 % KRISHAN LAL GANDHI Through: ......Petitioner Counsel for the petitioner (appearance not given). VERSUS RAJENDAR PRASAD Through: ...... Respondent Ms. Suman Bagga, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This petition under Article 227 of the Constitution of India impugns the order of the trial court dated 5.9.2012 by which the trial court at the stage of final arguments permitted the plaintiff/respondent to lead additional evidence to prove the registered Will dated 25.10.1988 executed by the father late Sh. Girdhari Lal in favour of the respondent/plaintiff inasmuch as the respondent/plaintiff is the owner of the suit property in terms of the Will.2. No doubt, at the first blush it does appear that the additional evidence may have been permitted at the stage of final arguments, however, in the pe...

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Jul 23 2014 (HC)

Sh Inder Mohan Arora Vs. Sh Pawan Kumar Jain

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 4/2014 & C.M.No.1022/2014 (for stay) % JULY23 2014 SH INDER MOHAN ARORA Through: ......Petitioner Mr.Prashant Shukla with Mr.Santosh Kumar, Advocates. VERSUS SH PAWAN KUMAR JAIN Through: ...... Respondent Mr.A.K.Mishra and Mr.W.A.Khan, Advocates. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This revision petition under Section 115 of Code of Civil Procedure, 1908 (CPC) impugns the order dated 13.9.2013 by which the trial court rejected the application under Order 7 Rule 11 CPC filed by the petitioner/plaintiff.2. paid The subject suit is a suit for recovery of double the amount of price because as per the respondent/plaintiff/purchaser, the petitioner/defendant had committed a breach of contract/agreement to sell dated 21.11.2011 for selling property bearing no.IX/2124, Gali No.7-8, Kailash Nagar, Delhi-31.3. It was firstly argued by the petitioner in the application und...

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Jul 23 2014 (HC)

Sh. Rajesh Sharma and anr. Vs. Upsc and ors.

Court: Delhi

$~3, 4, 5, 6, 7, 13 & 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:10. 07.2014 Pronounced on :23. 07.2014 + + + + + + + W.P.(C) 3895/2014, C.M. NO.7850/2014 SH. SUNIL KUMAR GAUR versus UPSC AND ORS. W.P.(C) 3903/2014, C.M. NO.7865/2014 SANJAY CHAWLA versus UPSC AND ORS. W.P.(C) 3904/2014, C.M. NO.7867/2014 OM LATA SINGH versus UPSC AND ORS. W.P.(C) 3905/2014, C.M. NO.7869/2014 SH. RAJESH SHARMA AND ANR. versus UPSC AND ORS. W.P.(C) 3924/2014, C.M. NO.7905/2014 SH. KULDEEP SINGH versus UPSC AND ORS. W.P.(C) 3862/2014, C.M. NO.7800/2014 MAMTA YADAV AND ORS. versus UPSC AND ORS. W.P.(C) 3876/2014, C.M. NO.7822/2014 HARISH KUMAR versus W.P.(C) 3895/2014 and connected matters ..... Petitioner ..... Respondents ..... Petitioner ..... Respondents ..... Petitioner ..... Respondents ..... Petitioners ..... Respondents ..... Petitioner ..... Respondents ..... Petitioners ..... Respondents ..... Petitioner Page 1 UPSC AND ORS. ..... Respondents Through : Sh. Yashpal Rangi, Advocate, f...

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Jul 23 2014 (HC)

Nirmal Agarwal and ors. Vs. Clintus Landbase Pvt Ltd.

Court: Delhi

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 783/2014 Date of decision:23. d July, 2014 % NIRMAL AGARWAL & ORS. Through: ..... Petitioner Mr.Md.Niyazuddin, Adv. versus CLINTUS LANDBASE PVT LTD. Through: ..... Respondent CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT (ORAL) 1. Vide this petition under Section 34 of the Arbitration and Conciliation Act, 1996, the petitioner has challenged the award dated 14.4.2014.2. I have heard learned counsel for the petitioner and have gone through the record.3. The brief facts of the case are that there was an agreement to sell dated 23.2.2013 between petitioner and the respondent whereby the petitioner had agreed to sell their property bearing no.KC-14, Kavi Nagar, Ghaziabad, Uttar Pradesh with built up area 262.65 square meters to the respondent for a consideration Rs.9,50,00,000/- (Rs.Nine Crores Fifty lacs only). of As per the schedule of payment in the agreement to sell, the respondent paid Rs.2,80,00,000/- to the petitioner as ear...

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Jul 23 2014 (HC)

Sh. Kuldeep Singh Vs. Upsc and ors.

Court: Delhi

$~3, 4, 5, 6, 7, 13 & 14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:10. 07.2014 Pronounced on :23. 07.2014 + + + + + + + W.P.(C) 3895/2014, C.M. NO.7850/2014 SH. SUNIL KUMAR GAUR versus UPSC AND ORS. W.P.(C) 3903/2014, C.M. NO.7865/2014 SANJAY CHAWLA versus UPSC AND ORS. W.P.(C) 3904/2014, C.M. NO.7867/2014 OM LATA SINGH versus UPSC AND ORS. W.P.(C) 3905/2014, C.M. NO.7869/2014 SH. RAJESH SHARMA AND ANR. versus UPSC AND ORS. W.P.(C) 3924/2014, C.M. NO.7905/2014 SH. KULDEEP SINGH versus UPSC AND ORS. W.P.(C) 3862/2014, C.M. NO.7800/2014 MAMTA YADAV AND ORS. versus UPSC AND ORS. W.P.(C) 3876/2014, C.M. NO.7822/2014 HARISH KUMAR versus W.P.(C) 3895/2014 and connected matters ..... Petitioner ..... Respondents ..... Petitioner ..... Respondents ..... Petitioner ..... Respondents ..... Petitioners ..... Respondents ..... Petitioner ..... Respondents ..... Petitioners ..... Respondents ..... Petitioner Page 1 UPSC AND ORS. ..... Respondents Through : Sh. Yashpal Rangi, Advocate, f...

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