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Delhi Court January 2015 Judgments

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Jan 27 2015

Marico Ltd and Ors Vs. State of Delhi and Anr

Court: Delhi

Decided on: Jan-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:27. h January, 2015 % + CRL. M.C. NO.1218/2011 MARICO LTD & ORS Through ..... Petitioners Mr. Abhinav Vashisth, Sr. Adv. along with Mr. Rajesh Batra, Ms. Sonia Kukreja, Mr. Jitendra and Mr. Satish Solanki, Advocates versus STATE OF DELHI & ANR Through ..... Respondents Mr. M.P. Singh, APP for the State CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner company is aggrieved by the impugned order of issuing process passed by the Addl. Chief Metropolitan Magistrate dated 15th March, 2011 and consequent proceedings arising out of the complaint filed by the respondent No.2 under Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) for violation of Section 7 of the Act.2. It is the case of the petitioner that the petitioners product Blended Edible Vegetable Oil was packed on 27th November, 2009 by M/s Sachin Enterprises and it was mentioned on the product that Be...


Jan 27 2015

Harish Chander and Ors. Vs. Govt. of Nct of Delhi and Ors.

Court: Delhi

Decided on: Jan-27-2015

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:27. 01.2015 W.P.(C) 7631/2014 & CM179752014 HARISH CHANDER & ORS. .... Petitioners versus GOVT. OF NCT OF DELHI & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioners : Mr Anil Kumar Mishra with Mr Rajiv Kumar Ghawana, Advocates. For the Respondents : Mr Sanjay Kumar Pathak with Mr Sunil Kumar Jha, Advocates for respondent Nos.1 & 2. Ms Renuka Arora with Mr Kunal Kohli, Advocates for respondent No.3. Mr Sanjay Kumar Pathak with Mr Sunil Kumar Jha, Advocates for LAC/L&B/GNCTD Mr Pawan Mathur with Mr Himanshu Gupta, Advocates for DDA. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. The petitioners seek the benefit of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 2013 Act) which came into effect on 01.01.2014...


Jan 27 2015

Aravali Infrapower Ltd and Anr Vs. R.B. Gupta and Ors

Court: Delhi

Decided on: Jan-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:27. h January, 2015 % + I.A. No.1569/2013 and I.A. No.1570/2013 in CS(OS) 1473/2011 ARAVALI INFRAPOWER LTD & ANR .... Plaintiffs Through Mr. Vijayender Kumar,Adv. with Mr. Siddharth Bhatia,Adv versus R.B. GUPTA & ORS Through ... Defendants Mr. G.C.Gargdhuriwala, Adv. with Mr. Ram Ekbal Roy, Adv. for D-1. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiffs have filed this suit for defamation and malicious falsehood and for permanent and mandatory injunction against the defendants seeking damages for the sum of Rs.5 crores.2. During the pendency of the suit, defendant No.1 has filed two applications, one being I.A. No.1569/2013 under Order 7 Rule 11 read with Section 151 CPC for rejection of plaint, and another being I.A. No.1570/2013 under Section 10 CPC. By this order I propose to decide both these applications.3. In the application being I.A. No.1569/2013 under Order 7 Rule 11 read with Section 151 C...


Jan 27 2015

Union of India Vs. K. Narasimha

Court: Delhi

Decided on: Jan-27-2015

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of hearing and Order:27. 01.2015 W.P.(C) 736/2015 UNION OF INDIA Through ..... Petitioner Mr. Anurag Ahluwalia, CGSC with Mr. Satyajit Sarna, Adv. versus K. NARASIMHA Through ..... Respondent Mr. Malaya Kumar Chand, Adv. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA ORDER KAILASH GAMBHIR, J (ORAL) CM No.1308/2015 Exemption allowed, subject to all just exceptions. Application stands disposed of. W.P.(C) 736/2015 & CM No.1307/2015 1. By this petition filed under Article 227 read with Article 226 of the Constitution of India, the petitioner seeks to challenge the impugned order dated 28.07.2014 passed by the learned Administrative Tribunal, Principal Bench, New Delhi in O.A. No.1913/2014. Mr. Anurag Ahluwalia, learned Standing Counsel appearing for the petitioner has strongly contended that the learned Tribunal has wrongly placed reliance on an earlier decision of the Tribunal in the case of Shankarsan Dash...


Jan 22 2015

Biological E Ltd and Anr Vs. National Pharamaceutical Pricing Authorit ...

Court: Delhi

Decided on: Jan-22-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA No.31/2015 Pronounced on:22. 01.2015 BIOLOGICAL E LTD & ANR Through: ..... Appellant Mr. Kapil Sibal, Sr. Adv. with Mr. Abdullah Hussain, Mr. Koshy John and Mr. Manav Vohra, Advs. Versus NATIONAL PHARAMACEUTICAL PRICING AUTHORITY & ORS Through: ..... Respondents Mr. Sanjay Jain, ASG with Mr. Anurag Ahluwalia and Mr. Vidur Mohan, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT : MS.G.ROHINI, CHIEF JUSTICE1 The appellant herein filed W.P.(C) No.9308 of 2014 aggrieved by the demand raised by the respondent No.1 for a sum of Rs.33,28,03,171/alleging that the appellants had sold Tetanus Toxoid vaccine (hereinafter referred to as the vaccine) for a price more than the ceiling price prescribed vide Notification dated 14.06.2013 as amended by Corrigendum dated 07.02.2014.2. By the order under appeal, the learned Single Judge while directing to list the petition on 05.03.2014 to enable the parties to complete...


Jan 22 2015

Court on Its Own Motion Vs. Radhey Sham Middha

Court: Delhi

Decided on: Jan-22-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: January 07, 2015 Pronounced on: January 22, 2015 + CONT. CAS. (CRL.) 08/2014 with CRL.M.A.14550/2014, 15143-15144/2014 COURT ON ITS OWN MOTION ... Petitioner versus RADHEY SHAM MIDDHA Respondent Through: Sh. Manmeet Arora, Sh. Rishabh Bansal and Sh. Apoorv Tripathi, Advocates with respondent in person. Sh. Mohit Paul, Advocate. Inspector Raman Lamba, SHO, Mehrauli. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE R.K.GAUBA % 1. This matter was registered as a criminal contempt case pursuant to order dated 06.08.2014 passed by a Division Bench of this court headed by one of us (S. Ravindra Bhat, J.), in the course of hearing on C.M.No.8058/2014 in Writ Petition (Civil) No.1399/2010 National Forests Investors Regd. Versus Golden Forests India Ltd. whereby, inter alia, cognizance was taken of the criminal contempt found prima facie committed on the face of the proceedings by the respondent herein ...


Jan 22 2015

India Trade Promotion Organization Vs. Director General of Income Tax ...

Court: Delhi

Decided on: Jan-22-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (C) 1872/2013 % Judgment delivered on:22. 01.2015 INDIA TRADE PROMOTION ORGANIZATION Petitioner versus DIRECTOR GENERAL OF INCOME TAX (EXEMPTIONS) & OTHERS Respondents Advocates who appeared in this case:For the Petitioner : Mr M.S. Syali, Senior Advocate with Mr Mayank Nagi, Ms Husnal Syali and Mr Harkunal Singh For the Respondents : Ms Suruchi Aggarwal, Sr Standing Counsel with Mr Joginder Sukhija and Mr Shobit Saxena. CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE VIBHU BAKHRU JUDGMENT BADAR DURREZ AHMED, J.1. By way of this writ petition (as amended), the petitioner seeks the quashing of the First Proviso to Section 2(15) of the Income-tax Act, 1961 (hereinafter referred to as the said Act) as amended by the Finance Act, 2008, on the ground that it is arbitrary and unreasonable and has no rational nexus with the object sought to be achieved and is thus violative of Article 14 of the Constitution of India. The petit...


Jan 22 2015

Ram Shakal @ Pappu Vs. State Govt. of Nct of Delhi

Court: Delhi

Decided on: Jan-22-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1550/2011 % Judgment dated 22.01.2015 RAM SHAKAL @ PAPPU .....Appellant Through: Ms.Anu Narula, Advocate Versus STATE GOVT. OF NCT OF DELHI ......Respondent Through: Mr.Mukesh Gupta, APP for State CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.1. Present appeal has been filed against the impugned judgment dated 30.4.2011 and order on sentence dated 3.5.2011, by which the appellant has been convicted under Section 302 Indian Penal Code and sentenced to undergo rigorous imprisonment for life and further sentenced to pay a fine of Rs.1000/- and in default of payment of fine the appellant has been sentenced for simple imprisonment for one month.2. The case of the prosecution as noticed by learned trial court is as under: On 10.03.2008, vide DD No.19A, an information was received that one dead body of a child was lying behind T.N. Public School, Sukhi Nehar Ke Pass. The said DD entry was ...


Jan 22 2015

Delhi International Airport Pvt. Ltd. Vs. Uoi and Ors.

Court: Delhi

Decided on: Jan-22-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA6702014 & CM C.M.No.16372/2014(addl. docs.) No.16370/2014 (stay) & Pronounced on:22. 01.2015 DELHI INTERNATIONAL AIRPORT PRIVATE LIMITED ..... Appellant Through: Dr. Abhishek Manu Singhvi, Mr. Rajiv Nayar, Mr. Gopal Jain, Sr. Advs. along with Mr. Atul Sharma, Mr. Milanka Choudhary, Mr. Abhishek Sharma and Mr. Yash Srivastava, Advs. Versus UNION OF INDIA & ORS. ..... Respondents Through: Ms. Anjana Gosain, Adv. for UOI. Mr. Atul Nanda, Sr. Adv. with Ms. Rameeza Hakeem, Mr. Priyadarshi Gopal and Mr. Parinay T. Vasandani, Adv. for R-2. Mr. Gaurav Sarin with Mr. Shantanu Singh, Adv. for R-3. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT : MS.G.ROHINI, CHIEF JUSTICE1 The petitioner in W.P.(C) No.5746/2014 is the appellant in this appeal which is preferred against the order of the learned Single Judge dated 03.09.2014 which reads as under:- The petitioner has filed the present petition inter alia praying as und...


Jan 22 2015

Vinay Chhabra and Ors. Vs. Ms. Vera Ruth Rego Gonsalves

Court: Delhi

Decided on: Jan-22-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:22. d January, 2015 % + FAO(OS) 14/2015 & CM. 435/2015,1017-1018/2015 VINAY CHHABRA & ORS ....Appellants versus MS. VERA RUTH REGO GONSALVES ....Respondent Advocates who appeared in this case: For the Appellants: Mr. R.P. Sharma, Advocate. For the Respondent: Mr. Surendra Sesai, Senior Advocate with Mr. Rakesh Kumar, Advocate. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.1. The Appellants impugn order dated 19.12.2014 whereby the learned Single Judge has been pleased to hold the Appellants guilty of disobeying/committing breach of status quo order dated 11.05.2010. =============================================================== 2. The Respondent (Plaintiff) has filed a Suit for declaration, pre- emption, permanent injunction, partition and possession claiming amongst other reliefs a decree of declaration that she is the co-owner of the suit property to the exten...


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