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Delhi Court January 2015 Judgments

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Jan 14 2015

Dilip Kumar Pandey Vs. Uoi

Court: Delhi

Decided on: Jan-14-2015

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 14, 2015 + W.P.(C) 9064/2008 DILIP KUMAR PANDEY Represented by: ..... Petitioner Mr.Prakash Kumar, Advocate versus UOI Represented by: ..... Respondent Mr.Ankur Chhibber, Advocate with Mr.Vijay Kumar Rout, Pairvi Officer CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. The petitioner has impugned the order dated September 09, 2006 passed by the Disciplinary Authority levying penalty of dismissal from service upon the petitioner and the order dated August 07, 2008 passed by the Appellate Authority rejecting the appeal.2. The only question raised by the petitioner in the writ petition for consideration of this Court is whether the Disciplinary Authority passed the impugned order dated September 09, 2006 after due consideration of the evidence led at the inquiry keeping in view the response of the petitioner to the report of the Inquiry Officer, and wheth...


Jan 14 2015

M/S Bindal Exports and Imports Vs. Manik Gupta

Court: Delhi

Decided on: Jan-14-2015

* HIGH COURT OF DELHI AT NEW DELHI + RSA No.15/2015 Decided on :14. January, 2015 M/S BINDAL EXPORTS & IMPORTS Through: ..... Appellant Mr.S.N.Gupta, Adv. versus MANIK GUPTA ..... Respondent Through: CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) CM No.682/2015 1. Allowed subject to deficiency being rectified.2. The application stands disposed of. R.S.A. No.15/2015 1. This is a regular second appeal filed by the appellant against the judgment dated 22.11.2014 passed by the first appellate court upholding the judgment and decree passed by the trial court on 05.02.2013 decreeing the suit of the respondent/plaintiff for permanent and mandatory injunction.2. The learned counsel for the appellant/defendant has contended that the present appeal raises two substantial questions of law.3. Firstly, that the suit of the respondent/defendant was barred by time and secondly that cause of action according to the respondent/plaintiff in the plaint arose on 06.05.2003 and, therefore, the s...


Jan 14 2015

Commissioner of Income Tax-Ii Vs. Lalit Kumar Poddar

Court: Delhi

Decided on: Jan-14-2015

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:14. h January, 2015 + ITA6592014 COMMISSIONER OF INCOME TAX-II ..... Appellant Through Mr. Rohit Madan, Mr. Ruchir Bhatia and Mr. Akash Vajpai, Advs. versus LALIT KUMAR PODDAR Through ..... Respondent Ms. Prem Lata Bansal with Mr. Ram Avtar Bansal, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The revenue is aggrieved by the order dated 17.1.2014 of the ITAT in ITA5400Del/2011. It urges two questions of law : (i) Whether the assessees loss on account of intraday trading in shares, is truly speculative in nature and liable to be treated as such?. (ii) Whether the interest-free loans secured by the assessee to the tune of 1.55 crores were in the circumstances of the case liable to be added under Section 68 of the Act?.2. The assessee engages itself in trading in stocks and shares and acts as a sub-broker. It had claimed a sum of 66,35,210/- on account o...


Jan 14 2015

Gaurav Gupta Vs. Sat Pal and Ors

Court: Delhi

Decided on: Jan-14-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:14. h January, 2015 % + CRL.M.C. 5934/2014 GAURAV GUPTA Through ..... Petitioner Mr.S.D. Windlesh, Adv. versus SAT PAL & ORS Through + ..... Respondents Mr.M.N. Dudeja, APP for the State/R-4 along with SI Praveen Kumar, P.S. Vivek Vihar. CRL.M.C. 89/2015 SANJAY GANDHI ANIMAL CARE CENTRE ..... Petitioner Through Mr.S.D. Windlesh, Adv. versus GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through Mr.M.N. Dudeja, APP for the State along with SI Praveen Kumar, P.S. Vivek Vihar. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(Oral) 1. The above-mentioned petitions have been filed by the petitioners under Article 227 of the Constitution of India read with Section 482 of the Cr.P.C. for setting aside orders dated 8th August, 2014 and 11th December, 2014.2. Brief facts of the matter are that on 2nd August, 2014 on the statement of the petitioner herein namely Gaurav Gupta FIR No.581/2014 under Section 11 of Prevention of ...


Jan 14 2015

Mukesh Aggarwal Vs. Atul Gupta and Anr.

Court: Delhi

Decided on: Jan-14-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 984/2014 Judgment reserved on:09. 12.2014 Judgment pronounced on:14. 01.2015 MUKESH AGGARWAL Through: versus ATUL GUPTA & ANR Through: ..... Petitioner Mr.P.R.Agarwal and Mr.Mahendra, Mr.Y.R.Sharma, Mrs.Anju Bhushan and Mr.Laxman Singh, Advocates ..... Respondents Mr.Vijay Tandon, Advocate for R-1. Ms.Varsha Ahluwalia, Advocate for R-2. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 The present petition has been filed under Section 14 of the Arbitration and Conciliation Act (hereinafter referred to as the Act) for terminating the mandate of the arbitrator on the grounds that the claimant/respondent no.1 Atul Gupta is an advocate and visiting the court complex in the Karkardooma Court, Delhi where the respondent no.2 i.e. the arbitrator is a practising lawyer. The respondent no.1/the claimant and the arbitration/respondent no.2 are therefore colleagues. That the petitioner has also observed during the hearing attended by his counsel ...


Jan 14 2015

Amardeep and Others Vs. State of Delhi and Anr.

Court: Delhi

Decided on: Jan-14-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h January, 2015 + CRL.REV.P. 573/2014 & Crl. MA144172014 (stay) & Crl. MA144202014 AMARDEEP & OTHERS ..... Petitioners Through: Mr Vikas Kumar, Adv. versus STATE OF DELHI & ANR. Through: ..... Respondent Ms Fizani Hussain, Additional Public Prosecutor for the State alongwith SI Gaurav Police Station Jahangir Puri, Delhi % CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA : SUNITA GUPTA, J.(ORAL) Crl. MA144182015 (condonation of delay of 340 days in filing appeal) & Crl. MA144192015 (condonation of delay of 149 days in re-filing appeal) 1. These are the applications moved by the revisionist / petitioner seeking condonation of delay of 340 days in filing the revision petition and 149 days in re-filing the same.2. The applications in hand are very brief running into only three paragraphs, which are reproduced as under:1. Crl. MA144182015 (condonation of delay of 340 days in filing appeal) 1. That the petitioner requested before the ASJ ...


Jan 14 2015

New Age Advertising and Printers Vs. Rajinder Kumar

Court: Delhi

Decided on: Jan-14-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4341/2008 Judgment reserved on:09. 01.2015 Judgment pronounced on:14. 01.2015 NEW AGE ADVERTISING & PRINTERS ..... Petitioner Through: Ms.Bhavna Dhami, Amicus Curiae versus RAJINDER KUMAR ..... Respondent Through: Respondent in person. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 Vide the present writ petition the petitioner has challenged the ex- parte award dated 22.01.2003 passed by the labour No.III, Karkardooma Courts, Delhi in I.D.No.494/1998 in the matter between the management of M/s New Age Advertising & Printers and its workman Rajender Kumar.2. The case of the petitioner is that the management was never served at any stage of raising of the dispute and he was not aware of the pendency of any industrial dispute before the concerned labour court. It is submitted that the management had continued to live at the same address but still was not served at any stage. It is further submitted that the award is based on misconcei...


Jan 14 2015

Sanjay Gandhi Animal Care Centre Vs. Govt. of Nct of Delhi and Ors.

Court: Delhi

Decided on: Jan-14-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on:14. h January, 2015 % + CRL.M.C. 5934/2014 GAURAV GUPTA Through ..... Petitioner Mr.S.D. Windlesh, Adv. versus SAT PAL & ORS Through + ..... Respondents Mr.M.N. Dudeja, APP for the State/R-4 along with SI Praveen Kumar, P.S. Vivek Vihar. CRL.M.C. 89/2015 SANJAY GANDHI ANIMAL CARE CENTRE ..... Petitioner Through Mr.S.D. Windlesh, Adv. versus GOVT. OF NCT OF DELHI & ORS. ..... Respondents Through Mr.M.N. Dudeja, APP for the State along with SI Praveen Kumar, P.S. Vivek Vihar. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(Oral) 1. The above-mentioned petitions have been filed by the petitioners under Article 227 of the Constitution of India read with Section 482 of the Cr.P.C. for setting aside orders dated 8th August, 2014 and 11th December, 2014.2. Brief facts of the matter are that on 2nd August, 2014 on the statement of the petitioner herein namely Gaurav Gupta FIR No.581/2014 under Section 11 of Prevention of ...


Jan 14 2015

Union of India and Ors Vs. V.C. Saxena

Court: Delhi

Decided on: Jan-14-2015

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and order:14. h January 2015 + W.P.(C) 7100/2014 UNION OF INDIA & ORS ..... Petitioners Through: Mr. J.K. Singh, Advocate versus V.C. SAXENA ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA ORDER % 14.01.2015 KAILASH GAMBHIR, J.(ORAL) C.M. Appl. No.16649/2014 (Exemption) Exemption allowed subject to just exceptions. Application stands disposed of. W.P. (C) No.7100/2014 & C.M. Appl. No.16648/2014 (stay) 1. By this petition filed under Article 226/227 of the Constitution of India, the petitioners seek quashing and setting aside of the impugned order dated 22.4.2014 whereby the learned Central Administrative Tribunal, Principal Bench, New Delhi has allowed the O.A.No.1279/2012, wherein the respondent had challenged the order dated 8.2.2001 passed by the Disciplinary Authority; order dated 26.11.2009 passed by the Appellate Authority, order dated 14.7.2010 and order dated 1...


Jan 14 2015

Praveen Kumar Vs. Union of India and Ors.

Court: Delhi

Decided on: Jan-14-2015

12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.3873/2014 & CM Nos. 7815/2014, 8721/2014, 13936/2014, 110/2015 % 14th January, 2015 PRAVEEN KUMAR Through: ......Petitioner Petitioner in person. VERSUS UNION OF INDIA & ORS. Through: ...... Respondents Mr. Manish Kumar Singh, Advocate for Ms. Abha Malhotra, Advocate for respondent no.1/UOI. Mr. L.R. Khatana, Advocate for respondent nos. 2 to 5. 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, who is an employee of the respondent No.2/ Export Inspection Council of India, impugns the order dated 11.4.2014 by which the petitioner has been posted on a temporary basis in to the Export Inspection Agency, Chennai with its sub-office at Tuticorin due to administrative exigencies in public interest.2. The petitioner who appears in person challenges the impugned order by urging the follo...


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