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Delhi Court January 2015 Judgments

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Jan 30 2015

Rampat Vs. Ganga Devi

Court: Delhi

Decided on: Jan-30-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 271/2013 & CM115882013 (stay) Reserved on:15. h January, 2015 Decided on:30. h January, 2015 % RAMPAT Through ..... Petitioner Mr. A.K. Srivastava, Mr. Ashish Sindhu, Advs. versus GANGA DEVI Through ..... Respondent Ms. Gita Dhingra, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Aggrieved by the order dated 27th April, 2013 declining to grant leave to defend to the petitioner in an eviction petition filed by the respondent under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, 1958 (in short the DRC Act) the petitioner prefers the present petition.2. In the eviction petition, the respondent pleaded that the respondent was the owner of premises No.79 (Village Bhadola) Delhi wherein 7 shops had been carved out on the ground floor bearing Shop Nos. T-9/1 to T-9/7. The tenanted shop is shop in the said property which was let out to the petitioner vide rent agreement dated 11th July, 1997 on a monthly r...


Jan 30 2015

Asha Khanna and Ors Vs. Pankaj Khanna and Ors

Court: Delhi

Decided on: Jan-30-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 161/2009 Reserved on:22. d January, 2015 Decided on:30. h January, 2015 % ASHA KHANNA & ORS Through: ..... Petitioners Mr. N.N. Aggarwal, Mr. Ashish and Ms. Manpreet Kaur, Advocates. versus PANKAJ KHANNA & ORS Through: ..... Respondents Mr. Vikas Mahajan, Mr. Vishal Mahajan and Mr. Rohan Gupta, Advocates for R-1, 2, 7 and 8. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Petitioners are aggrieved by the order dated 20 th October 2009 whereby their application under VII Rule 11 read with Section 151 CPC filed as respondents in Probate Case No.218/2006 was dismissed.2. After the death of Shri Mulakh Raj Khanna disputes and differences arose between his son J.N. Khanna, Prem Khanna and Pran Khanna and the original owner of property No.BB-15 measuring 509/58 sq.yds now known as Greater Kailash Enclave -II regarding a construction agreement entered between Roshan Lal Kapoor with Shri Mulakh Raj Khanna and M/s. Mulakh Raj Khanna (H...


Jan 30 2015

Vikas Alias Vicky Alias Ponga Vs. State Govt of Nct of Delhi

Court: Delhi

Decided on: Jan-30-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 992/2011 Judgment reserved on 6th January, 2015 Judgment produced on 30th January, 2015 % VIKAS alias VICKY alias PONGA Through: ..... Appellant Mr.M.L. Yadav, Advocate versus STATE GOVT OF NCT OF DELHI ..... Respondent Through: Mr.Sunil Sharma, APP for State CORAM : HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL G. S. SISTANI, J1 Present appeal has been filed by the appellant under Section 374 of the Code of Criminal Procedure Code, 1973, against the judgment and order on sentence dated 4.6.2011 passed by learned Additional Sessions Judge01 (Outer), Rohini, Delhi, by which the appellant has been directed to undergo life imprisonment with fine of Rs.4,000/- and in default of payment of fine Simple Imprisonment for two months for the offence punishable under Section 302 of the Indian Penal Code; Rigorous Imprisonment for two years with fine of Rs.1000/- and in default of payment of fine Simple Imprisonment...


Jan 30 2015

Angoori Devi Vs. State

Court: Delhi

Decided on: Jan-30-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.1399/2012 % Date of decision :30. h January, 2015 ANGOORI DEVI . APPELLANT Mr. Ajay Burman, Advocate, Mr.Aditya Swarup Agarwal and Mr. Harsit Khurana, Advocate Through : versus .RESPONDENT STATE Through : Mr. Firoz Khan Ghazi, APP for the State with SI Roshan Lal, Police Station Nangloi. CORAM : HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT (ORAL) 1. The present appeal arises out of the judgment dated 10.09.2012 and order on sentence dated 25.09.2012 by which the present appellant who is mother-in-law of the deceased, has been sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.25,000/-, in default of payment of fine, the appellant had been directed to undergo simple imprisonment for two months for the offence punishable under Section 498-A Indian Penal Code.2. Before the rival submissions of the parties can be considered, the case of the prosecution as set...


Jan 30 2015

Commissioner of Income Tax Vs. Sudhir Dhingra

Court: Delhi

Decided on: Jan-30-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:07. 01.2015 PRONOUNCED ON:30. 01.2015 % + ITA2872009 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Rohit Madan, Sr. Standing Counsel with Ruchir Bhatia, Advocates. versus SUDHIR DHINGRA ..... Respondent Through: Mr. Salil Aggarwal with Mr. Ravi Pratap, Advocates. ITA13292009 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. N.P. Sahni, Sr. Standing Counsel with Mr. Nitin Gulati and Mr. Judy James, Jr. Standing Counsel. versus RENU VERMA ..... Respondent Through: Mr. Vikas Jain, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE S.RAVINDRA BHAT1 These appeals under Section 260A of the Income Tax Act, 1961 (hereafter the Act) impugn an order dated 04.04.2008 of the Income Tax Appellate Tribunal (hereafter the ITAT) in case of the ITA287& 1329/2009 Page 1 respondent/assesses No.1 [in IT(SS)A No.216/Del/2006 and CO. No.408/Del/2007 for the block period from 01.04.1990 to 2...


Jan 30 2015

Shiv Kumar @ Nigro Vs. State of Delhi

Court: Delhi

Decided on: Jan-30-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI CRIMINAL APPEAL No.531/1998 Judgment reserved on 7th January, 2015 % Judgment delivered on 30th January, 2015 + CRL.A. 531/1998 SHIV KUMAR @ NIGRO Through: Mr.M.L. Yadav, Advocate ..... Appellant versus STATE OF DELHI Through: ..... Respondent Mr.Sunil Sharma, APP for State CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G. S. SISTANI, J1 The challenge in the present appeal under section 374 of the Criminal Procedure code is to the judgment dated 02.09.1998 and order on sentence dated 04.09.1998 by which the appellant has been held guilty under section 302 IPC and sentenced to undergo imprisonment for life and fine of Rs 1000 and in default of payment of fine further simple imprisonment for 15 days.2. The brief facts of the case, as noticed by the trial court, are as under:that on 15.05.1995 one Hariender Ram (deceased) boarded bus route No.433 along with Pt Ganga Dayal (PW2) and Bhola Ram (PW4) from Amar Jyoti...


Jan 30 2015

Shalu Gupta Vs. State

Court: Delhi

Decided on: Jan-30-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.1400/2012 % Date of decision :30. h January, 2015 SHALU GUPTA . APPELLANT Mr. Ajay Burman, Advocate, Mr.Aditya Swarup Agarwal and Mr. Harsit Khurana, Advocate Through : versus .RESPONDENT STATE Through : Mr. Firoz Khan Ghazi, APP for the State with SI Roshan Lal, Police Station Nangloi. CORAM : HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL JUDGMENT (ORAL) 1. The present appeal arises out of the judgment dated 10.09.2012 and order on sentence dated 25.09.2012 by which the present appellant who is sister in law (husbands younger brothers wife) of the deceased, has been sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs.25,000/-, in default of payment of fine, the appellant had been directed to undergo simple imprisonment for two months for the offence punishable under Section 498-A Indian Penal Code.2. Before the rival submissions of the parties can be considered, th...


Jan 30 2015

Rajpal Chataula Vs. National Aviation Company of India Ltd. (Formerly

Court: Delhi

Decided on: Jan-30-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.578/2001 30th January , 2015 % RAJPAL CHATAULA ..... Petitioner Through: Mr. Vinay Sabharwal and Ms. Neha Sabharwal, Advs. versus NATIONAL AVIATION COMPANY OF INDIA LTD. (FORMERLY AIR INDIA LTD.) AND ORS. ..... Respondents Through: Ms. Meenakshi Sood, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition filed under Article 226 of the Constitution of India, the petitioner, an employee of the respondent-Air India Ltd., challenges the action of the respondent/employer in not giving the petitioner promotion from the post of Traffic Supervisor/ Senior Office Assistant to the post of Assistant Manager for the promotion exercise of the year 1996. The post of Traffic Supervisor/Senior Office Assistant is a Group B post and the post of Assistant Manager is the lowest rung post in Group A posts. Petitioner has got the requisite promotion w.e.f 1997, but, he ...


Jan 30 2015

Sameer Hussain Vs. State

Court: Delhi

Decided on: Jan-30-2015

$~17 & 18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. A. No.1589/2011 Reserved on 21st January, 2015 Decided on 30th January, 2015 SAMEER HUSSAIN Through: ..... Appellant Ms. Rakhi Dubey, Adv. Versus STATE Through: ..... Respondent Mr. Amit Ahlawat, APP along with SI Vinay Kumar, P.S. Neb Sarai. AND CRL. A. 22/2012 GOPAL Through: ..... Appellant Mr. D.K. Pandey, Adv. Versus STATE Through: ..... Respondent Mr. Amit Ahlawat, APP along with SI Vinay Kumar, P.S. Neb Sarai. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.1. Both the above-mentioned appeals arise from the same incident, FIR and judgment, hence, are disposed of together.2. Both the appellants have been convicted under Sections 393/34 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo rigorous imprisonment for three years each with fine of `5,000/- and in default of payment of fine to undergo simple imprisonment for six months. AppellantSameer Hussain has also been convicted under Section 398 IPC and sent...


Jan 30 2015

M/S Lucknow Medical Agencies Vs. Mohan Singh and Anr.

Court: Delhi

Decided on: Jan-30-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % RSA No.315/2006 Date of decision :30. h January, 2015 M/S LUCKNOW MEDICAL AGENCIES ..... Appellant Through: Mr. V.K. Mishra, Adv. versus MOHAN SINGH & ANR. Through: ..... Respondents Mr. Anup J.Bhambhani, Senior Advocate as amicus curiae with Ms. Lakshita Sethi, Adv. CORAM :HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The appellant instituted a suit for recovery of Rs.84,000/- which was dismissed by the learned Civil Judge on 15 th September, 2005. The appellant preferred an appeal against the aforesaid judgment which was dismissed by the learned Additional District Judge on 25th May, 2006. The appellant has approached this Court in second appeal.2. There was no appearance on behalf of the respondents and therefore, this Court appointed Mr. Anup J.Bhambhani, Senior Advocate as amicus curiae to assist this Court. Learned amicus curiae has made detailed submissions in the matter.3. The relevant facts in brief are that respondent no.1 was an emplo...


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