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Delhi Court March 2015 Judgments

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Mar 20 2015

Shivji Sharma Vs. Secretary (Labour) and Anr.

Court: Delhi

Decided on: Mar-20-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1352/2015 % Judgment reserved on 12.03.2015 Judgement pronounced on:20. 03.2015 SHIVJI SHARMA ..... Petitioner Through: Mr S.K. Tanwar, Advocate versus SECRETARY (LABOUR) & ANR. Through: None. ..... Respondents CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT1 The petitioner has filed the present writ petition aggrieved by the order of the Labour Court, whereby the Labour Court has ordered the payment of the compensation of Rs.1,00,000/- along with interest @ 9% per annum if the payment is not done within 30 days of publication of Award. The petitioner has confined his challenge of award, to the order of grant of compensation of Rs.1,00,000/- in lieu of reinstatement and back wages.2. The contention of the petitioner is that Labour Court has not given any reasonable criteria for awarding the compensation and the said order is arbitrary and contravenes Article 14 of the Constitution.3. As per the contention of the petitioner in his cla...


Mar 20 2015

Shree Krishna Paper Mils and Industries Ltd. Vs. Gail (India) Ltd and ...

Court: Delhi

Decided on: Mar-20-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:19. h March, 2015 Judgment Delivered on:20. h March, 2015 % + FAO(OS) 128/2015 & CM No.5252/2015 SHREE KRISHNA PAPER MILS AND INDUSTRIES LTD. .....Appellant versus GAIL (INDIA) LTD AND ANR. ....Respondents Advocates who appeared in this case: For the Petitioner: Mr Sudhir Nandrajog, Sr Advocate with Mr Ankit Jain and Mr Sarvesh Rai, Advocates. For the Respondents: Mr Sanjay Jain, Additional Solicitor General with Ms Poornima Maheshwari and Ms Shreya Sinha, Advocates CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J1 The appellant has filed the present appeal impugning the judgment dated 18.03.2015, whereby the learned Single Judge has been pleased to dismissed the petition filed by the appellant under =============================================================== Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the said Act).2. The ap...


Mar 20 2015

Merck Sharp and Dohme Corporation and Anr. Vs. Glenmark Pharmaceutical ...

Court: Delhi

Decided on: Mar-20-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:09. 01.2015 Pronounced on:20. 03.2015 + FAO (OS) 190/2013, C.M. APPL. 5755/2013, 466/2014 & 467/2014 MERCK SHARP AND DOHME CORPORATION AND ANR. Appellant Through: Sh. T.R. Andhyarujina, Sh. Kapil Sibal, Sh. Prag Tripathi, Sr. Advs. with Sh. Pravin Anand, Ms. Tusha Malhotra, Ms. Udita. M. Patro and Sh. Salim Inamdar, Advocates. Versus GLENMARK PHARMACEUTICALS ..Respondent Through: Dr. Abhishek Manu Singhvi, Ms. Prathiba. M. Singh, Sh. Rajiv Virmani, Sr. Advocates with Ms. Saya Choudhary Kapur, Ms. Anusuya Nigam and Sh. Saurabh Anand, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJWI WAZIRI MR. JUSTICE S. RAVINDRA BHAT % 1. The appellant Merck Sharp & Dohme (hereafter MSD) is aggrieved by the dismissal of its application for an ad interim injunction restraining the respondent/defendant Glenmark Pharmaceuticals (hereafter Glenmark) from using its patented product Sitagliptin (Indian Patent No.209816,...


Mar 20 2015

M/S Jamia Hamdard Vs. South Delhi Municipal Corporation

Court: Delhi

Decided on: Mar-20-2015

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:20. 03.2015 W.P.(C) 150/2015 & CM2442015 M/S JAMIA HAMDARD ..... Petitioner versus SOUTH DELHI MUNICIPAL CORPORATION + ..... Respondent W.P.(C) 153/2015 & CM2502015 M/S JAMIA HAMDARD ..... Petitioner versus SOUTH DELHI MUNICIPAL CORPORATION + ..... Respondent W.P.(C) 185/2015 & CM2962015 M/S JAMIA HAMDARD ..... Petitioner Versus SOUTH DELHI MUNICIPAL CORPORATION ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr H.L.Narula in all the Items. For the Respondent : Ms Madhu Tewatia with Ms Sidhi Arora in all the Items. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 These petitions have been filed by the petitioner, inter alia, impugning an assessment order dated 28.12.2012 passed by the Assessor & Collector, South Delhi Municipal Corporation assessing the Annual Value of the property of the petitioner w.e.f. 2004-05, w.e.f 2005-06 and w.e.f 2009-10. The petitioner also impugns a common...


Mar 20 2015

S. Shubhojit De Vs. Sh. S.K De and Ors

Court: Delhi

Decided on: Mar-20-2015

33 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 770/2015 & I.As. 5786-5788/2015 S. SHUBHOJIT DE ..... Plaintiff Through: Plaintiff in person. versus SH. S.K DE & ORS Through: None. % Date of Decision ..... Defendants :20. h March, 2015 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present suit has been filed for permanent injunction by the plaintiff against his father, mother and brother.2. Plaintiff, who appears in person, states that defendant No.1-father in 1970 was allotted a leasehold plot bearing No.H-1547, C.R. Park, New Delhi, for a consideration of Rs.60,000/-. He states that his father paid the aforesaid amount from the funds provided by his paternal grandfather. In the plaint, it has been stated that construction over the first floor was carried out with funds contributed by plaintiff and defendant No.2 in the year 2000.3. In the plaint, it has also been stated that in 2007, defendant No.1 entered into a collaboration agreement with the builder...


Mar 20 2015

Chaman S/O Gurcharan Vs. The State (Nct of Delhi)

Court: Delhi

Decided on: Mar-20-2015

$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:20. h March, 2015 + Crl.A. 153/2010 CHAMAN S/O GURCHARAN Through: ..... Appellant Mr.Ajay Verma, Advocate Versus THE STATE (NCT OF DELHI) Through: ..... Respondent Ms.Fizani Hussain, Additional Public Prosecutor for the state. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Appellant impugns the judgment dated 07.10.2009 and order on sentence dated 09.10.2009 passed by learned Additional District & Sessions Judge in Sessions Case No.49/2008 arising out of FIR No.140/08 under Section 376(2)(f) IPC, Police Station Uttam Nagar whereby the appellant was convicted under Section 376(2)(f) IPC and was sentenced to undergo rigorous imprisonment for 10 years and to pay fine of Rs.5000/- in default to undergo simple imprisonment for a further period of one month.2. The prosecution case succinctly stated as follows: On 12.04.2008 at about 2.30 pm prosecutrix K alongwith Komal was going to her Jhuggi situated at Kal...


Mar 20 2015

Bharat Aneja @ Bunty Vs. State of Nct of Delhi

Court: Delhi

Decided on: Mar-20-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A.652/2011 Reserved on:19. 01.2015 Date of decision:20. 03.2015 BHARAT ANEJA @ BUNTY ..... Appellant Through: Ms. Inderjeet Sidhu and Ms. Shruti Tiwari, Advocates. versus STATE OF NCT OF DELHI Through: ..... Respondent Mr. Varun Goswami, APP along with Inspector Suresh Chand, SHO, P.S. South Campus. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR, J.1. By this appeal, Bharat Aneja @ Bunty (Appellant) assails the judgment dated 1.3.2011 passed by the learned Additional Sessions Judge (East) FTC, E-Court, Karkardooma Courts in Sessions Case No.12/2010 (FIR No.23/2009, P.S.Jagatpuri) whereby he has been convicted for the offences under Sections 302 and 392 read with 397 of the Indian Penal Code, 1860 (IPC for Short) and has been sentenced to undergo imprisonment for life; fine of Rs.1000/- and in default of payment of fine, Simple imprisonment for two months for the offence under Section 302 IPC; Im...


Mar 20 2015

Commissioner of Income Tax Vs. M/S. Abhinandan Investment Ltd.

Court: Delhi

Decided on: Mar-20-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:26. 02.2015 PRONOUNCED ON:20. 03.2015 % + ITA252001 COMMISSIONER OF INCOME TAX versus M/S. ABHINANDAN INVESTMENT LTD. ITA8402008 COMMISSIONER OF INCOME TAX DELHI II versus MEDICARE INVESTMENTS LTD. ..... Appellant ..... Respondent ..... Appellant ..... Respondent ITA262001 COMMISSIONER OF INCOME TAX ..... Appellant versus JINDAL EQUIPMENTS LEASING & CONS. SERV. .... Respondent Through : Sh. Rohit Madan, Sh. P. Roychaudhuri and Sh. Ruchir Bhatia, Advocates, for the Revenue. Sh. Ajay Vohra, Sr. Advocate with Ms. Kavita Jha, Adv. for assessees. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA S.RAVINDRA BHAT, J.(OPEN COURT) 1. These three appeals involve common questions of law directed against a common order of the Income Tax Appellate Tribunal (ITAT) dated 05.06.2000. Initially, a Division Bench had decided the case on, 08.10.2001, reported in (2002) 254 ITR0538(Commissioner of Income Tax v. ITA Nos.25/01...


Mar 20 2015

Commissioner of Income Tax Delhi Ii Vs. Medicare Investments Ltd.

Court: Delhi

Decided on: Mar-20-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:26. 02.2015 PRONOUNCED ON:20. 03.2015 % + ITA252001 COMMISSIONER OF INCOME TAX versus M/S. ABHINANDAN INVESTMENT LTD. ITA8402008 COMMISSIONER OF INCOME TAX DELHI II versus MEDICARE INVESTMENTS LTD. ..... Appellant ..... Respondent ..... Appellant ..... Respondent ITA262001 COMMISSIONER OF INCOME TAX ..... Appellant versus JINDAL EQUIPMENTS LEASING & CONS. SERV. .... Respondent Through : Sh. Rohit Madan, Sh. P. Roychaudhuri and Sh. Ruchir Bhatia, Advocates, for the Revenue. Sh. Ajay Vohra, Sr. Advocate with Ms. Kavita Jha, Adv. for assessees. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA S.RAVINDRA BHAT, J.(OPEN COURT) 1. These three appeals involve common questions of law directed against a common order of the Income Tax Appellate Tribunal (ITAT) dated 05.06.2000. Initially, a Division Bench had decided the case on, 08.10.2001, reported in (2002) 254 ITR0538(Commissioner of Income Tax v. ITA Nos.25/01...


Mar 20 2015

Deepak Bedi and Ors. Vs. The State and Anr.

Court: Delhi

Decided on: Mar-20-2015

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 20, 2015 + CRL.M.C. 1107/2015 & Crl.M.A.4110/2015 DEEPAK BEDI & ORS Through: ..... Petitioners Mr. Mahesh Kumar Sharma, Advocate versus THE STATE & ANR Through: ....Respondents Mr. Karan Singh, Additional Public Prosecutor for respondentState with SI Shri Gopal Mr. Mohinder Singh Sachdeva and Mr.Arun Sukhija, Advocates with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.478/2010, under Sections 328/498-A/406/506/ 34 of IPC registered at police station Shakar Pur, Delhi is sought on the basis of Mediated Settlement of 21st August, 2013 arrived at Delhi Mediation Centre, Karkardooma Courts, Delhi (Annexure P-III). Notice. Mr. Karan Singh, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Mohinder Singh Sachdeva, CRL.M.C. 1107/2015 Page 1 Advocate, accepts notice on behalf of respondent No.2. Learned Additional Public Prosecutor for re...


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