Delhi Court January 2015 Judgments
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Devendra Narain Vs. Union of India
Court: Delhi
Decided on: Jan-06-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + Judgment reserved on:24. 09.2014 Judgment delivered on:06. 01.2015 % W.P. (C) No.8502/2010 DEVENDRA NARAIAN Through: ..... Petitioner Mr. Abhay Singh, Ms. Yasmin Zafar, Mrs. Veena Singh, Ms. Vindhya Singh and Ms. Chiral Dugar, Advocates versus UNION OF INDIA Through: ..... Respondent Mr. Ruchir Mishra and Mr. Mukesh Kumar Tiwari, Advocates for UOI. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.1. The present Writ Petition- preferred under Article 226 of the Constitution of India, assails the notification dated 24.12.2001, amending the Appellate Tribunal Forfeited Property (Conditions of Service of Chairman and Members) Rules, 1989 (hereinafter ATFP Rules, 1989) under Narcotics Drugs and Psychotropic Substance Act (hereinafter NDPSA), and notification No.10/2001 dated 01.10.2001, amending the Appellate Tribunal Forfeited Property (Conditions of Service of Chairman and Members) Rules, 1978...
Dharmender Singh Vs. Uoi and Anr.
Court: Delhi
Decided on: Jan-06-2015
$~R-10 & 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: January 06, 2015 W.P.(C) 1964/2005 DHARMENDER SINGH Represented by: ..... Petitioner Mr.Ashish Kumar, Advocate with Mr.R.K.Sharma, Advocate versus UOI & ANR. Represented by: ..... Respondents Mr.Ankur Chhibber, Advocate W.P.(C) 1965/2005 RAKESH KUMAR Represented by: ..... Petitioner Mr.Ashish Kumar, Advocate with Mr.R.K.Sharma, Advocate versus UOI & ANR. ..... Respondents Represented by: Mr.Ankur Chhibber, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. The petitioners were employed as constables with the Border Security Force BSF and in the year 2003 were attached with the 32nd Bn. which was deployed at the Indo-Bangladesh Border. The two along with L/Nk. Humeshwar Patangia used to be deployed at the Border Outpost Fatehpur.2. Secret information was received by the Commandant of the Battalion that the petitioners and L/Nk. Humeshwar Patangi...
Jaintia Highway Private Limited Vs. National Highway Authority of Indi ...
Court: Delhi
Decided on: Jan-06-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: November 27, 2014 Judgment Delivered on: January 06, 2015 % + FAO (OS) 489/2014 JAINTIA HIGHWAY PRIVATE LIMITED ..... Appellant Represented by: Mr.Sandeep Sethi, Sr.Advocate and Mr.Kirti Uppal, Sr.Advocate instructed by Mr.Rakesh Sinha, Mr.Sourav Ghosh and Mr.Samrat Sengupta, Advocates versus NATIONAL HIGHWAY AUTHORITY OF INDIA ..... Respondent Represented by: Mr.Pradeep K.Bakshi, Advocate with Ms.Prachi V.Sharma and Kushagra Pandit, Advocates CORAM: HON'BLE MR. JUSTICE PARDEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PARDEEP NANDRAJOG, J.1. Petition filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996 seeking a restraint order against the respondent to invoke Performance Bank Guarantee No.11640100001232 dated December 01, 2012 in sum of `19,58,00,000/- (Rupees Nineteen Crores Fifty Eight Lacs only) has been dismissed by the learned Single Judge vide impugned order dated November 19, 2014.2...
the Additional Commissioner of Customs Vs. Shri Viney Jain
Court: Delhi
Decided on: Jan-06-2015
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:06. 01.2015 W.P.(C) 8991/2014 THE ADDITIONAL COMMISSIONER OF CUSTOMS ... Petitioner versus SHRI VINEY JAIN ... Respondent Advocates who appeared in this case: For the Petitioner For the Respondent : Mr Satish Kumar : Mr R. S. Sharma CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM205422014 Allowed subject to all just exceptions. WP(C) 8991/2014 & CM205412014 1. This writ petition is directed against the order dated 05.05.2014 passed by the Customs and Central Excise Settlement Commission, New Delhi on the application filed by the respondent under Section 127 B of the Customs Act, 1962.2. The main point urged by Mr Satish Kumar, the learned counsel appearing on behalf of the Additional Commissioner of Customs, is that the Settlement Commission did not have the jurisdiction to entertain the application filed by the respondent inasmuch as the respondent did ...
the Fertiliser Association of India Vs. Union of India and Ors.
Court: Delhi
Decided on: Jan-06-2015
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:06. 01.2015 W.P.(C) 4898/2013 & CM No.11109/2013 THE FERTILISER ASSOCIATION OF INDIA ..... Petitioner versus UNION OF INDIA & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Amit Sibal, Sr. Advocate with Ms Kaveta Wadia & Mr Shashank Tripathi. For the Respondents : Mr Saqib. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner is an association of fertilizer manufacturers/importers and has filed the present petition impugning:1. 1 Clauses 5 & 6 of the Office Memorandum (hereafter OM) dated 03.05.2013 (hereafter OM-1) whereby the fertilizer manufacturers/importers were directed to reduce the Maximum Retail Price (MRP) of other grades of Phosphatic and Potassic (P&K) fertilizers to the extent of the amount mentioned in the OM-1. The fertilizer manufacturers/importers were further warned that action would be taken against the entities who did not comply with the pric...
M/S. Prabhu Dayal Trilok Chand Vs. The Oriental Insurance Co. Ltd.
Court: Delhi
Decided on: Jan-06-2015
IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. No.536 of 2014 M/S. PRABHU DAYAL TRILOK CHAND ..... Petitioner Through: Mr. K.L. Nandwani, Advocate. versus THE ORIENTAL INSURANCE CO. LTD. ..... Respondent Through: Mr. Abhishek Kumar Gola, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER601.2014 1. This petition under Section 11 of the Arbitration and Conciliation Act, 1996 (Act) seeks appointment of an Arbitrator in respect of a claim made by the Petitioner, a partnership firm, under a Standard Fires and Special Perils Policy issued by the Respondent Oriental Insurance Company Limited (OICL) for a sum of Rs.2.75 crores for the period 1st May 2013 to 30th April 2014.2. There was a serious fire in the factory of the Petitioner at around 10.30 pm on 11th July 2013 causing damage to its property, plant and machinery and stocks. The Petitioner submitted a claim to OICL on 15th August 2013 for a loss aggregating to Rs.2,36,36,380. By a letter dated 28th March 2014, OICL informed the Petitioner th...
Rakesh Kumar Vs. Uoi and Anr.
Court: Delhi
Decided on: Jan-06-2015
$~R-10 & 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: January 06, 2015 W.P.(C) 1964/2005 DHARMENDER SINGH Represented by: ..... Petitioner Mr.Ashish Kumar, Advocate with Mr.R.K.Sharma, Advocate versus UOI & ANR. Represented by: ..... Respondents Mr.Ankur Chhibber, Advocate W.P.(C) 1965/2005 RAKESH KUMAR Represented by: ..... Petitioner Mr.Ashish Kumar, Advocate with Mr.R.K.Sharma, Advocate versus UOI & ANR. ..... Respondents Represented by: Mr.Ankur Chhibber, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. The petitioners were employed as constables with the Border Security Force BSF and in the year 2003 were attached with the 32nd Bn. which was deployed at the Indo-Bangladesh Border. The two along with L/Nk. Humeshwar Patangia used to be deployed at the Border Outpost Fatehpur.2. Secret information was received by the Commandant of the Battalion that the petitioners and L/Nk. Humeshwar Patangi...
Sunil Kumar Vs. State
Court: Delhi
Decided on: Jan-06-2015
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:6. h January, 2015 + CRL.A. 1213/2013 SUNIL KUMAR Through: ..... Appellant Mr. K.K. Sharma and Mr. Vipin Rathi, Advocates versus STATE Through: ..... Respondent Mr. M.N. Dudeja, Additional Public Prosecutor for the State along with SI Kuldeep Singh Police Station Gazipur, Delhi and SI Amarjeet Singh Police Station Geeta Colony Mr. Sunil Dalal and Mr. Himanshu Agarwal, Advs. for the complainant CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Challenge in this appeal is to the impugned judgment and order on sentence dated 31st August, 2013 and 4th September, 2013 respectively passed by learned District and Sessions Judge, Karkardooma Courts, Delhi arising out of FIR No.116/2011 u/s 307/34 IPC and 25/27/54 Arms Act, whereby the appellant was convicted u/s 307 IPC and Section 25/27 Arms Act and sentenced to five years rigorous imprisonment and fine of Rs.20,000/- for offence punishable under Section 307 IPC...
a.R.Abdul Gaffar Vs. Union of India and Ors.
Court: Delhi
Decided on: Jan-06-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No.1927/1996 6th January, 2015 A.R.ABDUL GAFFAR ......Petitioner Through: Petitioner in person. VERSUS UNION OF INDIA & ORS. ...... Respondents Through: Mr. Rajinder Wali, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes VALMIKI J.MEHTA, J (ORAL) 1. This writ petition under Article 226 of the Constitution of India is filed by the petitioner, erstwhile employee of National Book Trust, India (represented by respondent nos. 3 and 4 in the writ petition) impugning the order dated 15.4.1996 whereby the petitioner was prematurely/compulsorily retired in exercise of the powers under Rule 56(j) of Fundamental Rules and Supplementary Rules (FRSR). The provision of Rule 56(j) of FRSR is a provision entitling premature retirement in public interest by the employer. This Rule 56(j) of FRSR reads as under:56(j) Notwithstanding anything contained in this Appropriate Authority shall, if it is of the o...
Aman Gupta Vs. Ashok Kumar Sarna
Court: Delhi
Decided on: Jan-06-2015
* HIGH COURT OF DELHI AT NEW DELHI + Cont. Cas (C) No.333/2014 Decided on :6. h January, 2015 AMAN GUPTA Through: Petitioner Mr. Rohit Krishan Naagpal, Advocate with petitioner in person. Versus Respondent ASHOK KUMAR SARNA Through: Mr. Manish Singh & Mr. Ajay Bansal, Advocates with respondent in person. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. This is a contempt petition filed by the petitioner against the respondent on account of the alleged wilful disobedience of the order passed by the court on 2.4.2013 by virtue of which the revision petition of the respondent was treated as disposed of by granting one years time to the respondent to vacate the premises till 3.4.2014.2. Briefly stated that facts of the case are that the present petitioner had filed an eviction petition against the respondent in respect ground floor of the shop bearing No.1565/30, Naiwala, Karol Bagh, New Delhi110005. The respondent herein was using the said tenanted premises for the purpose of runni...
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