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Delhi Court February 2015 Judgments

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Feb 25 2015

Transport Corporation of India Ltd Vs. Reserve Bank of India and Anr

Court: Delhi

Decided on: Feb-25-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 361/2012 Reserved on:06. 02.2015 Date of decision:25. 02.2015 IN THE MATTER OF: TRANSPORT CORPORATION OF INDIA LTD ..... Plaintiff Through: Ms. Diya Kapur, Advocate with Ms. Shyel Trehan and Ms. Tejaswi Shetty, Advocates versus RESERVE BANK OF INDIA AND ANR ..... Defendants Through: Mr. Rajiv Nayar, Senior Advocate with Mr. Saanjh Purohit, Mr. Tanuj Bhushan and Ms. Chirantani Chatterjee, Advocates for D-2. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.I.A. 24888/2014 (by the defendant No.2 u/S151CPC for condonation of delay in filing the written statement) 1. The present application has been filed by the defendant No.2 praying inter alia for condonation of delay of 111 days in filing the written statement.2. Some of the dates considered essential for deciding the present application are as follows.3. The defendant No.2 was served the summons in the suit on 12.03.2012. Under Order VIII Rule 1 CPC, the prescribed period of 30 days fo...


Feb 25 2015

Shanta Duneja Vs. Mcd and Anr.

Court: Delhi

Decided on: Feb-25-2015

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 02.2015 W.P.(C) 7712/2012 SHANTA DUNEJA ..... Petitioner versus MCD AND ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr J.C. Mahindro. For the Respondents : Ms Biji Rajesh for SDMC. Mr Mohit Kumar for R-2. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J (ORAL) 1. The petitioner has filed the present petition, inter alia, praying that respondent No.1 be directed to demolish the illegal and unauthorised construction raised by respondent No.2; to restore the load bearing walls to its original condition; and to rectify the damage caused to the petitioners property Flat No.285 Mandakini Apartments, Alaknanda, Kalkaji, New Delhi-19.2. The petitioner is the owner/resident of a duplex Flat (on the first and second floor) bearing No.No.285, Mandkani Apartment, Kalkaji, New Delhi 110019. The ground floor duplex flat bearing No.283 is owned/occupied by respondent No.2. Responden...


Feb 25 2015

Commissioner of Income Tax-Vi Vs. Wellworth Construction Udyog Ltd.

Court: Delhi

Decided on: Feb-25-2015

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :25. 02.2015 + ITA4432014 COMMISSIONER OF INCOME TAX-VI ..... Appellant Through : Sh. Rohit Madan, Sr. Standing Counsel and Sh. P. Roy Chaudhary, Advocate. versus WELLWORTH CONSTRUCTION UDYOG LTD...... Respondent Through : Sh. Salil Aggarwal, Advocate. 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 in appeal against the order of the Income Tax Appellate Tribunal (ITAT) dated 20.12.2013 in ITA No.4086/Del/2010 and urges that the ITAT fell into error in confirming the order of the CIT (Appeals) who had reversed the Assessing Officers (AO) decision to disallow `1.65 crores under Section 68 of the Income Tax Act, 1961 (hereafter referred to as the Act).2. During AY200304, the assessee had received `1.65 crores as share application money from three concerns, i.e. M/s. Richie Rich Overseas Private Limited (`75 crores); M/s. Goyal Textiles Industr...


Feb 25 2015

Rajesh Kumar Vs. State (Nct) of Delhi and Ors.

Court: Delhi

Decided on: Feb-25-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 25, 2015 + CRL.M.C. 736/2015 & Crl. M.A.No.2797-98/2015 RAJESH KUMAR Through: ..... Petitioner Mr. Saif Khan & Mr. Nitin Jain, Advocates versus STATE (NCT) OF DELHI & ORS. ..... Respondents Through: Mr. Karan Singh, Additional Public Prosecutor for respondentState CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of criminal complaint No.86/08/2012, under Section 138 of The Negotiable Instruments Act, 1881 titled as M/S India Infoline Ltd. Vs. M/S Altar Investment Pvt. Ltd. and the summoning order of 24th October, 2008 is sought on merits in this petition. At the hearing, it was disclosed by learned counsel for petitioner that Notice under Section 251 of Cr.P.C. has not yet been framed and the next date before trial court is 18th May, 2015. At the outset, it is made clear that learned counsel for petitioner has not been heard on merits. Since petitioner has an alternate and efficacious remedy available ...


Feb 25 2015

Prithvi Raj Vs. Nct of Delhi and Anr.

Court: Delhi

Decided on: Feb-25-2015

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 25, 2015 + CRL.M.C. 728/2015 & Crl.M.A.2778/2015 PRITHVI RAJ Through: ..... Petitioner Mr.Robin Kamra, Advocate versus NCT OF DELHI & ANR Through: .....Respondents Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with SI Gaurav Mr. Kumar Kislay, Advocate for respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.681/2005, under Sections 498-A/406/34 of IPC registered at police station Jahangir Puri, Delhi is sought on the basis of Settlement whose terms find mention in the joint statement of the parties made before Mahila Court on 21st February, 2014. Notice. Ms. Nishi Jain, learned Additional Public Prosecutor, accepts notice for respondent-State and Mr. Kumar Kislay, Advocate, accepts notice on behalf of respondent No.2. Learned Additional Public Prosecutor for respondent-State submits CRL.M.C. 728/2015 Page 1 that respondent No.2, present in the Co...


Feb 25 2015

Jagdish Khurana Vs. State (Nct of Delhi) and Anr.

Court: Delhi

Decided on: Feb-25-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 25, 2015 + CRL.M.C. 743/2015 JAGDISH KHURANA Through: ..... Petitioner Mr. Vishnu Sharma, Advocate versus STATE ( NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Navin Sharma, Additional Public Prosecutor for respondent No.1-State with SI Akhileshwar Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.523/2014, under Section 288/337 of the IPC, registered at Police Station Mandawali Fazalpur, Delhi is sought on the ground that the incident in question was purely accidental and no negligence is attributable to the petitioner. Notice. Mr. Navin Sharma, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2 is the first-informant/complainant of FIR in question and she is present in the Court and she has been identified to be so by SI Akhilehwar on the basis of identity proof produced by her. Respondent No.2-complainant...


Feb 25 2015

Baiju Kumar Yadav Vs. Anupam Soni and Anr.

Court: Delhi

Decided on: Feb-25-2015

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 25, 2015 + CRL.M.C. 4788/2014 BAIJU KUMAR YADAV Through: ..... Petitioner Mr. Salil Kumar Jha, Advocate versus ANUPAM SONI & ANR Through: .....Respondents Mr.Praveen Bhati, Additional Public Prosecutor for respondent No.2-State with SI Rajesh Kumar Respondent No.1 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.490/2014, under Section 381 of IPC registered at police station Amar Colony, Delhi is sought on the basis of Compromise Deed/Settlement Deed of 29th September, 2014 (Annexure P-2) and on the ground that the misunderstanding which led to registration of the FIR now stands cleared between the parties. Notice. Mr. Parveen Bhati, learned Additional Public Prosecutor for respondent-State accepts notice and that respondent No.1, present in the Court, is complainant/first-informant of the FIR in question and he has been identified to be so by SI Rajesh Kumar on the basis of id...


Feb 25 2015

Mrs. Meera Dhingra Vs. Mr. Deepak Kapoor and Ors.

Court: Delhi

Decided on: Feb-25-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1176/2007 & IAs No.15799/2012, 1581/2012, 2874/2013 and 3900/2015 Decided on :25. 02.2015 IN THE MATTER OF: MRS. MEERA DHINGRA .....Plaintiff Through : Mr. A.B. Dial, Sr. Advocate with Ms. Kanchan Kaur Dhodi and Ms. Harshe, Advocates with plaintiff in person. versus MR. DEEPAK KAPOOR & ORS. ..... Defendants Through : Mr. G.P. Thareja, Advocate for D-1 with defendant No.1 in person. Mr. Nitesh Jain, Advocate for D-2. Mr. Rajeev Kumar, Advocate for D-3 & 4 with D-3 and D-4 in person. Mr. Arun Kathpalia, Advocate for the buyer with buyer in person. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. On 7.11.2014 the parties had arrived at a settlement in the Court and a comprehensive settlement was recorded in the order passed on the said date. In terms of the settlement arrived at between the parties, the defendant No.1 had agreed to pay a sum of Rs.6,40,00,000/- each to the plaintiff and the defendants No.3 & 4 towards full and ...


Feb 25 2015

Ankur Drugs and Pharma Ltd. and Anr. Vs. S.E. Investment Limited

Court: Delhi

Decided on: Feb-25-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.A. 10/2015 ANKUR DRUGS & PHARMA LTD. & ANR. ..... Appellants Through: Mr. Shekhar Gupta, Advocate. versus S.E. INVESTMENT LIMITED ..... Respondent Through: Mr. P. Nagesh, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER2502.2015 Caveat No.195 of 2015 1. Since learned counsel for the Respondent has put in appearance, the caveat stands discharged. ARB. A. No.10 of 2015 2. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Act) is directed against an order dated 30th December 2014 passed by the sole Arbitrator rejecting an application filed by Appellant No.2, Purnandu Shekharmal Jain (A-2) praying that in view of the Appellant No.1 Ankur Drugs & Pharma Ltd. (A-1) being in liquidation and also having preferred a reference under the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), the arbitration proceedings against A-2 should not continue.3. The brief facts necessary for the purposes of the present appeal are ...


Feb 25 2015

Mohd Azeemullah and Ors. Vs. State and Ors.

Court: Delhi

Decided on: Feb-25-2015

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 25, 2015 + CRL.M.C. 3182/2014 MOHD AZEEMULLAH & ORS .....Petitioners Through: Mr. Sudhi Nagar, Advocate versus STATE & ORS Through: .....Respondents Mr.Karan Singh, Additional Public Prosecutor for respondent-State with Inspector Bhanu Prakash Mr.Dharmendra Sharma, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.164/2011, under Sections 448/468/471/34 of IPC registered at police station Sonia Vihar, Delhi is sought on the basis of Memorandum of Understanding of 7th January, 2014 (Annexure P-2) and on the ground that the misunderstanding which led to registration of the FIR now stands cleared between the parties. Notice. Mr. Karan Singh, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Dharmendra Sharma, Advocate, accepts notice on behalf of respondent No.2. CRL.M.C. 3182/2014 Page 1 Learned Additional Public Prosecu...


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