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Delhi Court February 2015 Judgments

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Feb 13 2015

Cpl Gaurav Badhwar Vs. Union of India and Ors.

Court: Delhi

Decided on: Feb-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : February 10, 2015 Judgment Delivered on : February 13, 2015 + W.P.(C) 6369/2014 CPL GAURAV BADHWAR Represented by: .....Petitioner Ms.Rekha Palli, Advocate with Ms.Punam Singh and Ms.Garima Sachdeva, Advocates versus UNION OF INDIA & ORS. Represented by: .....Respondents Mr.Ajay Digpaur, CGSC with Ms.Rishika Katyal, Advocate for R-1 to R-3 Mr.Niraj Singh, Advocate with Ms.Meenakshi Midha, Advocate for R-4 Wing Commander A.K.Chauhan/Air Force CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. Cpl.Gaurav Badhwar was enrolled as an Air Craftman in the Indian Air Force at the tender age of 17 years in the trade of instrument fitter. It is apparent that he comes from a humble background and was compelled to earn for his living at the tender age of 17 years and 6 months. He is a hardworking fellow and not only earned bread and butter to support himself, and his parents, but ...


Feb 13 2015

Mohd. Usman Vs. The State and Another

Court: Delhi

Decided on: Feb-13-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:2. d February, 2015 Judgment Pronounced on:13. h February, 2015 CRL.REV.P. 478/2007 MOHD. USMAN ..... Petitioner Through: Mr. D.C.Mathur, Senior Advocate with Mr. E.Ahmad and Mr.Rakesh Bhugra, Advocates versus THE STATE & ANOTHER Through: ..... Respondents Mr. P.K.Mishra, APP for the State. Mrs. Bharathi Raju, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.1. Aggrieved by the judgment of conviction dated 01.12.2006 and order on sentence dated 08.12.2006 passed by the learned Additional Chief Metropolitan Magistrate, awarding the sentence to the petitioner to undergo rigorous imprisonment for a period of six months and fine of Rs.10,000/- for offence under Section 56 of the Foreign Exchange Regulation Act (FERA) and upholding the judgment of conviction and sentence by the learned Additional Sessions Judge vide judgment dated 24.07.2007, the present revision petition has been filed by the petitioner.2. Factual ma...


Feb 13 2015

Srei Infrastructure Finance Ltd. Vs. Additional Commissioner of Income ...

Court: Delhi

Decided on: Feb-13-2015

* + IN THE HIGH COURT OF DELHI AT NEW DELHI INCOME TAX APPEAL No.371/2012 Reserved on : Date of decision :11. h December, 2014 13th February, 2015 SREI INFRASTRUCTURE FINANCE LTD. ..... Appellant Through Mr. S. Ganesh, Sr. Advocate with Mr. U.A. Rana, Ms. Mrinal Elker Mazumdar, Mr. Himanshu Mehta and Mr. Abirat Kumar, Advocates. versus ADDITIONAL COMMISSIONER OF INCOME TAX..Respondent Through Mr. Rohit Madan, Sr. Standing Counsel with Mr. Akash Vajpai and Mr. Ruchir Bhatia Advocates. INCOME TAX APPEAL No.372/2012 SREI INFRASTRUCTURE FINANCE LTD. ..... Appellant Through Mr. S. Ganesh, Sr. Advocate with Mr. U.A. Rana, Ms. Mrinal Elker Mazumdar, Mr. Himanshu Mehta and Mr. Abirat Kumar, Advocates. versus ADDITIONAL COMMISSIONER OF INCOME TAX..Respondent Through Mr. Rohit Madan, Sr. Standing Counsel with Mr. Akash Vajpai and Mr. Ruchir Bhatia Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.: These two appeals under Section 260A of the...


Feb 13 2015

Punjab National Bank Vs. Kohinoor Foods Limited

Court: Delhi

Decided on: Feb-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:18. 11.2014 Judgment delivered on:13. 02.2015 % + ARB. P. 534/2013 PUNJAB NATIONAL BANK ....Petitioner Versus KOHINOOR FOODS LIMITED .....Respondent ADVOCATES WHO APPEARED IN THIS CASE: For the Petitioner : Mr Arvind Nigam, Sr. Advocate with Mr Dhruv Dewan, Mr Rohan Batra & Mr Kostubh Devnani, Advocates. For the Respondent : Mr Sandeep Sethi, Sr. Advocate with Ms Shyel Trehan & Ms Tejaswi Shetty, Advocates. CORAM :HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J Arb. P. 534/2013 & IA No.18102/2014 (u/s 151 CPC) 1. This is a petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 (in short the Act), seeking a direction for appointment of an arbitrator, albeit on behalf of the respondent. 1.1 The petitioner, relies upon clause 13 (b)(ii) of ISDA (International Swaps and Derivatives Association) Master Agreement dated 03.07.2006 [hereafter referred to as the Master Agreement]., as modified by the acco...


Feb 13 2015

Gulshan Kumar and Ors. Vs. State and Anr.

Court: Delhi

Decided on: Feb-13-2015

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:13. h February, 2015 + CRL.M.C. 4386/2013 & Crl.M.A.No.358/2015 GULSHAN KUMAR & ORS ..... Petitioners Through: Ms. Sahila Lamba, Advocate versus STATE & ANR Through: ..... Respondent Mr.Navin Sharma, Additional Public Prosecutor for respondentState with SI Shri Gopal PS Shakurpur CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT ORAL % Quashing of FIR No.820/2006 under Sections 420/448/468/471/120B IPC registered at Police Station Shakarpur, Delhi is sought on the basis of Mediated Settlement of 25th July, 2013 (Annexure-P-2), which has been arrived at between the parties at Mediation Centre, Tis Hazari Courts, Delhi and on the ground that the misunderstanding which led to registration of the FIR now stands cleared between the parties. Upon notice, Mr.Navin Sharma, Additional Public Prosecutor for respondent-State appears and draws the attention of this Court to the Crl.M.C.No.4386/2013 Page 1 status report filed on 13th Octob...


Feb 13 2015

Prabhat Kushawaha and Ors. Vs. State and Anr.

Court: Delhi

Decided on: Feb-13-2015

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 356/2015 PRABHAT KUSHAWAHA & ORS ..... Petitioners Through: Mr. D.K. Pandey, Advocate versus STATE & ANR Through: ..... Respondents Ms. Nishi Jain, Additional Public Prosecutor for State with WSI Raj Devi, PS Begum Pur Respondent No.2-in-person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % ORDER1302.2015 Crl.M.A.No.1398/2015 (Exemption) Allowed subject to all just exceptions. Crl.M.C.No.356/2015 Quashing of FIR No.244/2013 under Sections 498-A/406 of IPC registered at police station Begum Pur, Delhi is sought on the basis of Mediated Settlement of 9th January, 2015 (Annexure-P2) and the fact that petitioner-husband and respondent No.2-wife are living together happily since January, 2014. Upon notice, Ms. Nishi Jain, learned Additional Public Prosecutor for respondent-State submits that respondent No.2, present in the court, is Crl. M.C. No.356/2015 Page 1 identified to be the complainant/first-informant of FIR in question by WSI Raj D...


Feb 13 2015

Rupesh Ranawat and Ors. Vs. The State (Govt of Nct of Delhi) and Anr.

Court: Delhi

Decided on: Feb-13-2015

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 13, 2015 + CRL.M.C. 586/2015 RUPESH RANAWAT & ORS Through: ..... Petitioners Mr. Ashish with Mr. Nikhil, Advocates versus THE STATE (GOVT NCT OF DELHI) & ANR ..... Respondents Through: Mr. Parvin Bhati, Additional Public Prosecutor for State with SI Sanjay Kumar Respondent No.2-in-person % CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) Crl.M.A.No.2249/2015 (Exemption) Allowed subject to all just exceptions. Crl.M.C.No.586/2015 & Crl.M.A.No.2248/2015 Quashing of FIR No.664/2009 under Sections 420/34 of IPC registered at police station Shastri Nagar, Delhi is sought on the basis of Memorandum of Understanding of 7th January, 2015 (Annexure P4). Upon notice, Mr. Parvin Bhati, learned Additional Public Prosecutor for respondent State submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so by SI Sanjay Kumar on the basis of i...


Feb 13 2015

Surendra Kumar Gupta Vs. Mukesh Kumar Gupta

Court: Delhi

Decided on: Feb-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :9. h February, 2015 Judgment delivered on :13th February,2015 % CS(OS) 623/2010 SURENDRA KUMAR GUPTA Plaintiff Through: Mr. Suryakant Singla with Mr. Shanto Mukerjee, Advocates Versus MUKESH KUMAR GUPTA Through: .Defendant Mr. Randhir Jain, Advocate CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1. The present suit has been filed by the plaintiff Surendra Kumar Gupta against his brother Mukesh Kumar Gupta. It is a suit for recovery of possession, mesne profits/damages and for injunction.2. The plaintiff had purchased half undivided share in House No.E-262, Greater Kailash Part II, New Delhi from Smt. Kamla Kundra vide sale deed dated 18th December, 1974. This is a registered document. It is stated to be the self acquired property of the plaintiff. It is on a plot of land admeasuring 250 square yards upon which initially there was one and a half storeyed building built upon it.3. Devinder Nath Gupta, half broth...


Feb 13 2015

Vinay Jain Vs. State and Anr.

Court: Delhi

Decided on: Feb-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:20. h November, 2014 Date of Decision:13. h February, 2015 % + CRL. M.C. 4792/2014 VINAY JAIN Through: ..... Petitioner Mr. Sudhir Nandrajog, Sr. Advocate with Mr. Harish Jaidka, Advocate. versus STATE & ANR. Through: .....Respondents Mr. Navin Sharma, APP for the State Mr. K.B.Andley, Senior Advocate with Mr. M.L.Yadav, Advocate for respondent No.2. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH JUDGMENT1 By way of present petition the petitioner seeks to invoke the inherent powers of this Court under Section 482 of the Code Of Criminal Procedure (hereinafter referred to Cr. P.C.) for setting aside of the order dated 01.06.2013, directing summoning of the petitioner as an accused in relation to First Information Report No.12/2013, registered at P.S. Special Cell, New Delhi under Sections 387, 467, 471 & 120-B of the Indian Penal Code (hereinafter referred to as IPC) pending before the Chief Metropolitan Magistrate, Patiala House, New...


Feb 13 2015

Sunil Kumar Vs. The State and Anr.

Court: Delhi

Decided on: Feb-13-2015

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 13, 2015 + CRL.M.C. 571/2015 & Crl.M.A.2204/2015 SUNIL KUMAR Through: ..... Petitioner Mr.Usman Chaudhary, Advocate versus THE STATE & ANR Through: .....Respondents Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with SI Karan Pal Mr. Manish Sharma, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.255/2007, under Sections 498-A/406/34 of IPC registered at police station Bara Hindu Rao, Delhi is sought on the basis of affidavit of respondent No.2 and Mediated Settlement of 8th January, 2015 arrived at Delhi Mediation Centre, Tis Hazari Courts, Delhi (Annexure P-2). Notice. Ms. Nishi Jain, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Manish Sharma, Advocate, accepts notice on behalf of respondent No.2. CRL.M.C. 571/2015 Page 1 Learned Additional Public Prosecutor for respondentState submits that r...


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