Delhi Court December 2015 Judgments
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Rakesh Chand and Another Vs. State of NCT of Delhi
Court: Delhi
Decided on: Dec-18-2015
1. Anthony M.Keneddy in his book Judicial Ethics and Rule of Law describes the qualities of a judgment in the following manner:- The power of a Court, the prestige of a Court, the primacy of a Court stand or fall by one measure and one measure alone; the respect accorded to its judgment. How does the Court earn respect for its judgment from year to year and from generation to generation? The question refers us to the full scope of law, the study of lifetime. Respect for a judgment depends upon its coherence, its logic, its intellectual force, its fairness, its common sense, its root in ancient principles of law and justice and its continued vitality in a world of change. These conventional standards for assessing the wisdom of a Court decree are quite irrelevant, however, if the Court which issues the judgment is not recognized as an institution governed by a strict ethical code. A Court's judgment will be given no serious consideration, no examination at all, if the public is not conf...
Vinod Kumar Vs. DDA
Court: Delhi
Decided on: Dec-18-2015
1. Challenge in this writ petition is to the award dated 10th February, 2009 passed by the learned Presiding Officer, Labour Court-IX in ID No. 09/1997 whereby it was held that the petitioner/claimant is not entitled to any relief. 2. An industrial dispute was referred by the appropriate Government vide letter dated 17th December, 1997 for adjudication to the Industrial Adjudicator with following terms of reference:- Whether the services of Sh. Vinod Kumar have been terminated illegally and/or unjustifiably by the Management and if so, to what relief is he entitled and what directions are necessary in this respect? ? 3. Case set up by the petitioner/workman in the statement of claim before the learned Labour Court was that he joined the employment of DDA w.e.f. 1st January, 1985 as a Mateon current duty charge. He was a regular and permanent employee of the management/DDA and was drawing salary in proper pay scale with usual allowances admissible under the rules. He had an unblemished ...
PR. Commissioner of Income Tax-06 Vs. Matchless Glass Services Pvt. Lt ...
Court: Delhi
Decided on: Dec-18-2015
Vibhu Bakhru, J. 1. The Revenue has filed these appeals under Section 260A of the Income Tax Act, 1961 (hereafter the Act') impugning a common order dated 29th October, 2014 passed by the Income Tax Appellate Tribunal (hereafter the ITAT') in a batch of two hundred and eighty-four appeals including twelve appeals pertaining to the Assessee in respect of six Assessment Years ( ˜AY') being 2003-04, 2004-05, 2006-07, 2007-08, 2008-09 and 2009-10. The aforesaid twelve appeals included six appeals preferred by the Assessee and six appeals preferred by the Revenue. The said appeals, respectively, impugned six separate orders passed by the Commissioner of Income Tax (Appeals) [CIT(A)] “ all dated 22nd February, 2012 - disposing of the respective appeals preferred by the Assessee against the assessment orders dated 31st December, 2010 passed in respect of the aforementioned AYs. 2. The Revenue has projected the following questions of law in each of the aforesaid appeals:- (i) WHETH...
Balbir Singh Vs. State
Court: Delhi
Decided on: Dec-18-2015
Crl.M.A No.17278/2015 Exemption granted subject to all just exceptions. Application stands disposed of. CRL.REV.P.766/2015 1. By the present petition, Balbir Singh, petitioner has challenged the order dated 13.05.2015 passed by the learned Addl. Sessions Judge-Rohini Courts, Delhi in connection with FIR No.325/2014 whereby he has been summoned under Section 193 of the Code of Criminal Procedure to face trial along with his son Ajay Singh for the death of his daughter-in-law, within 7 years of her marriage. 2. The primal ground of challenge is that after some of the witnesses were examined in the trial against the son of the petitioner, the petitioner could have only been summoned under Section 319 of the Code of Criminal Procedure and not under Section 193 of the Code of Criminal Procedure. 3. In order to appreciate the contention of the petitioner, it is necessary to note the stages through which the case against the petitioner has crossed. 4. Ajay Singh, son of the petitioner was mar...
New India Assurance Co Ltd. and Another Vs. Tarandeep Singh Anand and ...
Court: Delhi
Decided on: Dec-18-2015
Oral: CM No.4817/2012 in MAC.APP No.285/2012 1. For the reasons stated in the application, 53 daysdelay in filing the appeal is condoned. 2. Application stands disposed of. MAC.APP.No.35/2012 and MAC.APP.No.285/2012 1. These two appeals arise out of the award dated 12.10.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 10,58,101/- along with interest @ 7.5% per annum from the date of filing of this petition till its realization was awarded to Tarandeep Singh Anand who suffered injuries in a motor vehicular accident which occurred on 11.2.2006. 2. On appreciation of evidence, the Claims Tribunal found that the claimant/injured suffered injuries while he was going on his motor cycle and was hit by the TSR No. DL IR G 3713 which was being driven in a rash and negligent manner by Asgar Khan, the driver. The learned Tribunal further observed that the injured was earning Rs. 1.5 lakhs per annum. He had remained confined to bed for about si...
Dr. Subramanian Swamy Vs. Raju Through: Juvenile Justice Board and Oth ...
Court: Delhi
Decided on: Dec-18-2015
Ms. G. Rohini, CJ. 1. The issue "whether a juvenile in conflict with law, who is found to have committed an offence and sent to Special Home by Juvenile Justice Board, can be released on expiry of the period of stay ordered without ascertaining the factum of reformation that is necessary for his social reintergration" is sought to be espoused in this petition filed as Public Interest Litigation. 2. Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (for short 'the Act') provides for orders that may be passed by the Juvenile Justice Board regarding a juvenile who has committed an offence. The most stringent of the orders that can be passed under Section 15 is directing the juvenile to be sent to a Special Home for a maximum period of three years. 3. Contending that the scheme of the Act is silent about the mechanism to ascertain the reformation of the juveniles sent to the Special Home, particularly, the juveniles who had committed heinous crimes like rape, b...
Ajai Kumar Yadav Vs. Registrar Cooperative Societies and Another
Court: Delhi
Decided on: Dec-18-2015
Gita Mittal, J. (Oral) 1. Sh. Balram Singh Yadav, became a member of the Jawahar Lal Cooperative Group Housing Society Limited (hereinafter referred to as the society') and was granted membership No. 135 in the society. There is no dispute that all the amounts demanded from this member during his life time by the society were duly paid by him. 2. Unfortunately, on 4th July, 2005, this society member expired leaving behind three legal heirs being two sons namely Sh. Ajai Singh Yadav, the petitioner herein; and Sh. Vijay Singh Yadav as well as one daughter namely Smt. Archana Yadav. Sh. Balarm Singh Yadav's wife. Smt. Krishna Yadav had predeceased him having expired on 20th February, 2004. It is an admitted position that the member had expired prior to the allotment of a flat. 3. The petitioner made a request to the society for transfer of the membership of the society in his name in the year 2007, which request was accompanied by no objections from his brothers and sister. 4. The writ p...
Siddarth Gupta Vs. The Delhi Golf Club Limited and Another
Court: Delhi
Decided on: Dec-18-2015
1. The plaintiff has filed the present suit seeking declaration that he is entitled to continue as a member of the defendant Company and that the decisions made by defendant Nos. 1 and 2 are bad in law and illegal, seeking permanent injunction against removal/revocation of plaintiff's membership with the defendants. 2. Brief facts as per the plaint are that the plaintiff is a business man who plays golf and has a keen interest in the game. Defendant No. 1 is a company registered under the Companies Act, 1956. It runs a club popularly known as Delhi Golf Clubwhere its members are provided with facilities such as use of a 18 hole golf course, dining etc. 3. The plaintiff admittedly applied to the defendant No. 1 on 7th August, 2009 along with a cheque of Rs.44,120/- however no decision was taken for a long time. On 16th April, 2014 the plaintiff received a communication from defendant No. 2 approving nomination of Out of Turnregular membership. Upon the receipt of the said communication,...
Sanjeet Kumar Vs. State NCT of Delhi
Court: Delhi
Decided on: Dec-18-2015
Sanjiv Khanna, J. (Oral) 1. Sanjeet Kumar by the impugned judgment dated 27.11.2012, arising from the charge-sheet filed in FIR No.170/11 recorded at Police Station Shalimar Bagh, stands convicted under Section 302 of the Indian Penal Code, 1860 ( IPC ?) for murder of Suresh @ Nati in the intervening night between 16 and 17 May, 2011. The appellant Sanjeet Kumar by the order of sentence dated 27.11.2012, has been sentenced to undergo Rigorous Imprisonment for life, fine of ‚ 10,000/- and in default of payment of fine to undergo Simple Imprisonment for one month. The appellant Sanjeet Kumar has also been convicted under Section 201 IPC and has been sentenced to Rigorous Imprisonment for two years, fine of ‚ 2,000/- and in default of payment of fine to undergo Simple Imprisonment for a period of fifteen days. The judgment records that benefit of Section 428 of the Code of Criminal Procedure, 1973 ( Cr.P.C. ?) for the period of imprisonment already undergone would be accorded ...
Varghese Cheriyan and Others Vs. State (NCT of Delhi) and Another
Court: Delhi
Decided on: Dec-18-2015
Crl.M.A No.12792/2015 in Crl.M.C.3603/2015 Exemption granted subject to all just exceptions. Application stands disposed of. Crl.M.C.3603/2015, Crl.Rev.P.Nos.358/2009, 368/2009 and 386/2009 1. All the aforesaid cases arise out of two FIRs namely FIR No.338/2000 dated 10.05.2000 (PS Lajpat Nagar) instituted for offences under Sections 186/353/332/308 of the IPC read with Sections 3/4 of the Public Property Damages Act and FIR No.407/2000 dated 07.06.2000 (PS Lajpat Nagar) instituted for offences under Sections 326/307/34 of the IPC. 2. Crl.M.C. No.3603/2015 (Varghese Cheriyan vs. State and Anrs.) has been preferred for quashing of the FIR No.407/2000 dated 07.06.2000 (PS Lajpat Nagar), registered on the complaint of respondent no.2 (Sukhvinder Singh alias Gagga) and all the related prosecution proceedings as against the petitioner Ct.Varghese Cheriyan arising out of the subject FIR which is pending before the learned Addl. Sessions Judge -04, Saket Courts, New Delhi. 3. Crl.Rev.P.358/20...
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