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Delhi Court February 2015 Judgments

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Feb 03 2015

State of Nct of Delhi Vs. Rashid

Court: Delhi

Decided on: Feb-03-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL LEAVE PETITION No.51/2015 Date of decision:3. d February 2015 % . APPELLANT STATE OF NCT OF DELHI Through : Mr. Sunil Sharma, APP for the State along with SI Yash Pal, P. S. Chandni Mahal. versus ..RESPONDENT RASHID Through : None CORAM : HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL CRL.M.A15932015 1. Exemption allowed subject to all just exceptions. Application stands disposed of. CRL.L.P512015 2. By the present criminal leave petition filed under section 378(1) of the Code of Criminal Procedure, the state seeks leave to appeal against the judgment dated 31.10.2014 passed by the learned ASJ in sessions case No.56/2013 whereby the respondent (accused before the trial court) was acquitted of the charges punishable under section 376(2)(f) of Indian Penal Code read with section 4 and 6 of the POCSO Act.3. The relevant facts, as noticed by the trial court are that on 16.12.2012 at about 11:05PM intimation wa...


Feb 03 2015

Alok Kumar Vs. Pawan Hans Ltd. and Anr.

Court: Delhi

Decided on: Feb-03-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.5049/2014 3rd February, 2015 % ALOK KUMAR Through: ..... Petitioner Mr. Anurag Kishore, Advocate with Ms. Manisha Aggrawal, Advocate. Versus PAWAN HANS LTD. AND ANR. Through: ..... Respondents Mr. S.K. Taneja, Senior Advocate with Mr. Puneet Taneja, Advocate for respondent No.1. Mr. Vikram Jetly, CGSC for respondent No.2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner; who was appointed as a General Manager (Operations) with the respondent no.1/company/Pawan Hans Ltd; impugning the letter dated 16.7.2014 of the respondent no.1 terminating the probationary services of the petitioner.2. The facts of the case are that the petitioner originally was working in the Indian Air Force and he thereafter sought employment with the respondent no.1. Petitioner states that responden...


Feb 03 2015

Cit Vs. Bharti Telenet Ltd

Court: Delhi

Decided on: Feb-03-2015

$~11-14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:03. 02.2015 + ITA11102011 CIT ..... Appellant versus BHARTI TELENET LTD ..... Respondent ITA3862012 CIT ..... Appellant versus BHARTI INFOTEL LTD ..... Respondent ITA3872012 CIT ..... Appellant versus BHARTI INFOTEL LTD ITA1932013 COMMISSIONER OF INCOME TAX: DELHI-I versus BHARTI INFOTEL LTD. ..... Respondent ..... Appellant ..... Respondent Present: Mr. Balbir Singh, Sr. Standing Counsel for Revenue with Ms. Rubal Maini, Advocate, in all cases. Mr. Ajay Vohra, Sr. Advocate with Ms. Kavita Jha and Ms. Shradha, Advocates for assessee, in all cases. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA S.RAVINDRA BHAT, J.(OPEN COURT) 1. Common questions of law are urged by the Revenue in these four appeals. ITA11102011 concerns the assessee Bharti Telenet Limited for AY200102. This is the most comprehensive appeal of ITA Nos.1110/2011, 386/2012, 387/2012 & 193/2013 Page 1 the Revenue, which seeks to urge ...


Feb 03 2015

Baby Mehak Batra Vs. Syal Transport Co and Ors

Court: Delhi

Decided on: Feb-03-2015

$~7,8, 9 & 10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d February, 2015 + MAC.APP. 298/2012 UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. D.D. Singh, Adv. with Mr. Navdeep Singh, Adv. versus JAY DEVI & ORS Through: + ..... Respondent Mr. Varun Goswami, Adv. with Ms. Tanuja B., Adv. MAC.APP. 332/2012 UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. D.D. Singh, Adv. with Mr. Navdeep Singh, Adv. versus JAY DEVI & ORS Through: + ..... Respondents Mr. Varun Goswami, Adv. with Ms. Tanuja B., Adv. MAC.APP. 343/2012 BABY MEHAK BATRA Through: ..... Appellant Mr. Varun Goswami, Adv. with Ms. Tanuja B., Adv. versus + SYAL TRANSPORT CO & ORS ..... Respondents Through: Mr. D.D. Singh, Adv. with Mr. Navdeep Singh, Adv. for R-3. MAC.APP. 345/2012 BABY MEHAK BATRA Through: MAC. APP. No.298/2012, 332/2012, 343/2012 & 345/2012 ..... Appellant Mr. Varun Goswami, Adv. with Ms. Tanuja B., Adv. Page 1 of 7 versus SYAL TRANSPORT CO & ORS ..... Respondents Through: ...


Feb 03 2015

P.P. Singh and Another Vs. P.P. Singh and Another

Court: Delhi

Decided on: Feb-03-2015

$~A-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgement Reserved on :08. 01.2015 Judgment pronounced on :03. 02.2015 TEST.CAS. 95/2012 P.P. SINGH AND ANOTHER ..... Petitioner Through Mr.Chandra Shekhar, Adv. Versus STATE & ANOTHER Through ..... Respondent Ms.Anindita Barman, Adv. for Mr.Sachin Chopra, Adv. for R-1 Mr.S.B.Tripathi, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.I.A. No.269/2015 (u/O7R11CPC) in Test Case. No.95/2012 1. The present application is filed under Order VII Rule 11 CPC for dismissal of the probate petition.2. The petitioner has filed the present petition under Section 276 of the Indian Succession Act for grant of letters of administration in favour of the petitioners in respect of the Will dated 25.03.2011 said to be signed and executed by the Testator Col. Udai Pratap Singh.3. The present application is filed by respondent No.2/objector stating that she is the legally wedded wife of the deceased and the only class-I heir. Reliance is ...


Feb 03 2015

United India Insurance Co Ltd Vs. Jay Devi and Ors

Court: Delhi

Decided on: Feb-03-2015

$~7,8, 9 & 10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d February, 2015 + MAC.APP. 298/2012 UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. D.D. Singh, Adv. with Mr. Navdeep Singh, Adv. versus JAY DEVI & ORS Through: + ..... Respondent Mr. Varun Goswami, Adv. with Ms. Tanuja B., Adv. MAC.APP. 332/2012 UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. D.D. Singh, Adv. with Mr. Navdeep Singh, Adv. versus JAY DEVI & ORS Through: + ..... Respondents Mr. Varun Goswami, Adv. with Ms. Tanuja B., Adv. MAC.APP. 343/2012 BABY MEHAK BATRA Through: ..... Appellant Mr. Varun Goswami, Adv. with Ms. Tanuja B., Adv. versus + SYAL TRANSPORT CO & ORS ..... Respondents Through: Mr. D.D. Singh, Adv. with Mr. Navdeep Singh, Adv. for R-3. MAC.APP. 345/2012 BABY MEHAK BATRA Through: MAC. APP. No.298/2012, 332/2012, 343/2012 & 345/2012 ..... Appellant Mr. Varun Goswami, Adv. with Ms. Tanuja B., Adv. Page 1 of 7 versus SYAL TRANSPORT CO & ORS ..... Respondents Through: ...


Feb 03 2015

Suresh Kapoor Vs. Shashi Krishanlal Khanna and Ors.

Court: Delhi

Decided on: Feb-03-2015

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:03. 02.2015 + OA No.44 of 2015 in CS(OS) No.236 of 2010 SURESH KAPOOR Through: ..... Plaintiff None. versus SHASHI KRISHANLAL KHANNA & ORS. ..... Defendants Through: Mr. Sangram Patnaik, Mr. Vikramjeet & Mr. Vijay Jha, Advs. for D-1 & 2. CORAM: HONBLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) IA No.2208/2015 (for condonation of two (2) days delay in filing OA No.44/2015) The application has been filed for condonation of two (2) days delay in filing OA No.44/2015. For the reasons stated in the application, the delay is condoned. The application stands disposed off. OA No.44/2015 1. The present appeal has been filed by defendant Nos.1 & 2 under Rule 4 of Chapter-II of the Delhi High Court (Original Side) Rules, 1967 against the order dated 5.12.2014 passed by the learned Joint Registrar wherein the application (IA No.14205/2014) of said defendants under Order XIII Rule 9 of the Code of Civil Procedure, 1908 (hereinafte...


Feb 03 2015

Krishan Vs. State

Court: Delhi

Decided on: Feb-03-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1080/2013 % Judgment dated 03 February, 2015 KRISHAN Through: ..... Appellant Mr.Harit Chhabra, Advocate versus STATE Through: ..... Respondent Mr.Sunil Sharma, APP for the State CORAM : HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S. SISTANI, J.(ORAL) 1. Present appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure for setting aside the judgment dated 12.7.2013 and order on sentence dated 16.7.2013 passed by learned Additional Sessions Judge, Rohini Courts, Delhi, in case FIR No.1674/06 registered under Sections 302/397/34 IPC at Police Station Sultan Puri, by which the appellant has been convicted to undergo imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code with fine of Rs.5,000/- and in default of payment of fine to undergo further simple imprisonment for six mon...


Feb 03 2015

Parween @ Chander Prakash Vs. State

Court: Delhi

Decided on: Feb-03-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 1005/2013 % Judgment dated 03 February, 2015 PARWEEN @ CHANDER PRAKASH ..... Appellant Through: Mr.Harit Chhabra, Advocate versus STATE Through: ..... Respondent Mr.Sunil Sharma, APP for the State CORAM : HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S. SISTANI, J.(ORAL) 1. Present appeal has been filed by the appellant under Section 374 of the Code of Criminal Procedure read with Section 482 of the Code of Criminal Procedure for setting aside the judgment dated 12.7.2013 and order on sentence dated 16.7.2013 passed by learned Additional Sessions Judge, Rohini Courts, Delhi, in case FIR No.1674/06 registered under Sections 302/397/34 IPC at Police Station Sultan Puri, by which the appellant has been convicted to undergo imprisonment for life for the offence punishable under Section 302 of the Indian Penal Code with fine of Rs.5,000/- and in default of payment of fine to undergo further simple imprisonm...


Feb 02 2015

Sushil Kumar Sharma Vs. Uoi and Ors.

Court: Delhi

Decided on: Feb-02-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : January 27, 2015 Judgment Pronounced on : February 02, 2015 + W.P.(C) 336/2014 SUSHIL KUMAR SHARMA .....Petitioner Represented by: Mr.Alok Kishor, Advocate versus UOI & ORS. Represented by: .....Respondents Mr.Ankur Chhibber, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.WP(C)No.336/2014 and CM No.664/2014 1. The writ petitioner has laid a challenged to the order dated April 30, 2012 passed by the Armed Forces Tribunal, Principal Bench, New Delhi dismissing TA No.243/2010 filed by the writ petitioner.2. The writ petitioner had prayed before the Tribunal that the orders dated May 05, 2006 and May 08, 2006 rejecting his representation concerning his trial and conviction at a Summery Court Martial proceedings be set aside on account of new material surfacing.3. The petitioner was enrolled in the Indian Army on July 29, 1988 as a Clerk and after training was att...


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