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Delhi Court March 2015 Judgments

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Mar 13 2015

Gajender Nagpal Vs. Mahesh Kumar and Ors.

Court: Delhi

Decided on: Mar-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 13, 2015 + CRL.M.C. 993/2015 & Crl. M.A.Nos.3701-02/2015 GAJENDER NAGPAL Through: ..... Petitioner Mr. Abhik Kumar, Advocate versus MAHESH KUMAR & ORS. Through: ..... Respondents Nemo. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % In this petition, quashing of Criminal Complaint No.855/1/14, under Section 138 of The Negotiable Instruments Act, 1881, titled as Mahesh Kumar Vs. Unicon Commodities Pvt. Ltd. and the summoning order of 19th November, 2014 is sought by petitioner on merits. 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 24th March, 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 to him to urge the pleas taken herein before trial court at the time of framing...


Mar 13 2015

Zangas-Kptl Consortium Vs. Gail (India) Ltd.

Court: Delhi

Decided on: Mar-13-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 300/2014 ZANGAS-KPTL CONSORTIUM ..... Petitioner Through: Mr. Dayan Krishnan, Senior Advocate Mr.Anil Airi, Mr.Ravi Krishan Chandana and Ms. Anu, Advocates. versus GAIL (INDIA) LTD ..... Respondent Through: Mr.Ramji Srinivasan, Senior Advocate with Ms. Ranjana Gawai, Mr. Shailesh Suman, Mr. S. Mehrotra & Ms.Sara Sundaram, Advocates. CORAM: JUSTICE S. MURALIDHAR ORDER1303.2015 1. This is a petition under Section 11 of the Arbitration and Conciliation Act, 1996 (Act) by M/s Zangas KPTL Consortium seeking the appointment of a sole Arbitrator to adjudicate the disputes between it and the Respondent GAIL (India) Ltd. (GAIL) arising out of a the contract for laying, testing and commissioning of Vijaipur-Dadri Pipeline Section and associated services for Vijaipur-Dadri-Bawana Pipeline Project.2. The Petitioners tender for the above project was accepted by the Respondent. The fax of acceptance ('FOA') dated 12th September 2008 was issued for Rs.23...


Mar 13 2015

Nitin Kumar Upadhyay and Ors. Vs. The State and Anr.

Court: Delhi

Decided on: Mar-13-2015

~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 13, 2015 + CRL.M.C. 1002/2015 & Crl. M.A.Nos.3743-44/2015 NITIN KUMAR UPADHYAY & ORS. ..... Petitioners Through: Mr. Binod Kumar Jha, Advocate versus THE STATE & ANR. Through: ..... Respondents Mr. Vinod Diwakar, Additional Public Prosecutor for respondent No.1-State with SI Ajay Kumar Mr. Vikram Kumar, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.274/2014, under Sections 498-A/406/34 of the IPC, registered at police station Dabri, Delhi is sought on the basis of mediated settlement of 8th August, 2014 (Annexure-P-2), arrived at the Mediation Centre, Dwarka Courts, Delhi. Notice. Mr. Vinod Diwakar, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Vikram Kumar, Advocate, accepts notice on behalf of respondent No.2. Learned Additional Public Prosecutor for respondent State submits that respondent No.2, present in the C...


Mar 13 2015

Commissioner of Income Tax Vs. Jain Export Private Ltd

Court: Delhi

Decided on: Mar-13-2015

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 13th March, 2015 + ITA1942015 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr.Rohit Madan and Mr.Ruchir Bhatia, Advs. versus JAIN EXPORT PRIVATE LTD Through: None. ..... Respondent 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 aggrieved by the order of the Income Tax Appellate Tribunal (ITAT) dated 04.09.2014 in ITA No.5625/Del./2011. It is stated that the penalty imposed by the Assessing Officer (AO) for Assessment Year (AY) 2006-07, under Section 271(1)(c) of the Income Tax Act, 1961, in the sum of Rs.14,90,000/- was wrongly cancelled by the ITAT.2. The transaction in question reported by the assessee for the relevant AY pertained to the sale of shares of one Pashupati Haryana Woollen Mills Ltd. (PHWL). These shares were purchased during different years at a cost of 44,26,250/- lakhs. The record evidences that the acquisition of su...


Mar 13 2015

Shri Praveen Kholi Vs. Smt. Komal @ Kamlesh

Court: Delhi

Decided on: Mar-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and order:13. h March 2015 % + MAT. APP. (F.C.) 60/2014 SHRI PRAVEEN KHOLI Through: ..... Appellant Mr. Inderpal Khokhar, Advocate versus SMT. KOMAL @ KAMLESH Through: ..... Respondent None CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA % I.S.MEHTA, J (ORAL) 1. ORDER1303.2015 The appellant has preferred the present appeal under section 19 of the Family Court Act, 1984 assailing the impugned judgment and decree dated 24.08.2013 passed by the learned trial court of Shri Sameer Bajpai, Tis Hazari Court, and order dated 21.04.2014 passed by the learned court of Ms. Reena Singh Nag, Judge, Family Court, West, Tis Hazari Courts.2. The brief facts stated in the petition GP No.73/12 titled as Smt. Komal @ Kamlesh versus Sh. Praveen Kohli are that the marriage between the appellant (Sh. Praveen Kohli) and the respondent (Smt. Komal @ Kamlesh) was solemnized on 15.02.2004 at Delhi according to Hindu rites and cus...


Mar 13 2015

Manju Lata Gupta Vs. Union of India and Ors

Court: Delhi

Decided on: Mar-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and order:13. h March, 2015 + % W.P.(C) No.570/2015 MANJU LATA GUPTA Through: ..... Petitioner Mr. M.S. Saini, Advocate. versus UNION OF INDIA & ORS Through: .....Respondents Mr. Ruchir Mishra and Mr. Mukesh Kr. Tiwari, Advocates for R-1/UOI. Mr. Gautam Gupta, Advocate for R-2 to R-4. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA ORDER1303.2015 I. S. MEHTA, J.(ORAL) The petitioner after attending the marriage anniversary of her son 1. in Muscat, Oman found herself in a waterloo and sought the intervention of the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as learned Tribunal) by filing an O.A. No.1761 of 2013 and when the same did not bring the desired relief, filed the present Writ-Petition under Articles 226 and 227 of the Constitution of India.2. The brief facts of the case are that the petitioner was working as a Post Graduate Teacher (Hindi) in Sarvodaya Ka...


Mar 13 2015

M/S. Writers and Publishers Pvt. Ltd. Vs. Union of India and Ors.

Court: Delhi

Decided on: Mar-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2435/2015 & CM No.4379/2015 % Judgement pronounced on:13. 03.2015 M/S. WRITERS AND PUBLISHERS PVT. LTD. ..... Petitioner Through: Mr.Atul T.N., Advocate alongwith Mr.Rajiv Shukla, Advocate. versus UNION OF INDIA AND ORS. Through: ..... Respondents Mr.Vivekanand Mishra, Advocate for R-1. Mr.R.R..Rajesh, Advocate for R-2 and R-3. CORAM: HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT (ORAL) CM No.4380/15 (for exemption) Allowed subject to just exceptions. The application stands disposed of. W.P.(C) 2435/2015 & CM No.4379/2015 1. Vide the present writ petition, the petitioner has challenged the order dated 2nd February, 2015 under Section 7A of the Regional Provident Fund Commissioner.2. Vide impugned order, the Regional Provident Fund Commission had proceeded with the hearing of the matter and fixed the case for 23 rd February, 2015 with direction to the petitioner to provide all the relevant records for verifications by the squad of Area E.O...


Mar 13 2015

Commissioner of Income Tax (C) -Iii Vs. M/S Dd Industries Ltd.

Court: Delhi

Decided on: Mar-13-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided On:13. 03.2015 + ITA No.512/2013 COMMISSIONER OF INCOME TAX (C) -III ..... Appellant Through: Mr. N.P. Sahni, Sr. Standing Counsel, Advocate. Versus M/s DD INDUSTRIES LTD. ..... Respondent Through: Mr. Salil Aggarwal with Mr. Ravin Pratap, Advocates. AND + ITA No.516/2013 COMMISSIONER OF INCOME TAX (C) -III ..... Appellant Through: Mr. N.P. Sahni, Sr. Standing Counsel, Advocate. Versus M/s DD INDUSTRIES LTD. ..... Respondent Through: Mr. Salil Aggarwal with Mr. Ravin Pratap, Advocates. AND + ITA No.517/2013 COMMISSIONER OF INCOME TAX (C) -III ..... Appellant ITA Nos.512/2013, 516/2013, 517/2013, 518/2013, 519/2013 & 526/2013 Page 1 Through: Mr. N.P. Sahni, Sr. Standing Counsel, Advocate. Versus M/s DD INDUSTRIES LTD. ..... Respondent Through: Mr. Salil Aggarwal with Mr. Ravin Pratap, Advocates. AND + ITA No.518/2013 COMMISSIONER OF INCOME TAX (C) -III ..... Appellant Through: Mr. N.P. Sahni, Sr. Standing Counsel, Advocate. Versus M/s DD...


Mar 13 2015

M/S Kushal Infraprojects Industries (India) Limite Vs. Ram Karan and O ...

Court: Delhi

Decided on: Mar-13-2015

$~5. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 801/2011 Decided on :13. 03.2015 IN THE MATTER OF: M/S KUSHAL INFRAPROJECTS INDUSTRIES (INDIA) LIMITED ..... Plaintiff Through: Ms. Smita Maan, Advocate with Mr. Vishal Maan, Advocate versus RAM KARAN & ORS Through: None ..... Defendants HIMA KOHLI, J.(Oral) I.A. 6466/2013 (by the plaintiff u/O I R102) r/w O VI R17CPC) 1. The present application has been filed by the plaintiff praying inter alia for permission to amend the plaint.2. Despite the fact that an advance copy of the application was served on the defendants and counsel for the defendants had entered appearance and sought time to file a reply to the application, no reply has been filed till date. Nor has the counsel for the defendants been appearing in the case for some time.3. The plaintiff has instituted the accompanying suit praying inter alia for a decree of specific performance of an Agreement to Sell dated 12.11.2009, against the defendants No.1 to 3 in respect of a...


Mar 12 2015

Neeraj Kumar Vs. Suraj Prakash and Others

Court: Delhi

Decided on: Mar-12-2015

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:10. h February, 2015 Judgment Pronounced on:12. h March, 2015 CRL.REV.P. 515/2001 NEERAJ KUMAR ..... Petitioner Through: Mr.Abinesh K. Mishra & Mr. S.S. Mishra, Advocates versus SURAJ PRAKASH & OTHERS Through: ..... Respondents Mr. M.L. Yadav, Adv. for R-1 to R-3 Mr. Dinesh Garg, Adv. for R-4 Mr. P.K. Mishra, APP for State CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.1. Aggrieved by the judgment of acquittal passed by learned Additional Sessions Judge (hereinafter referred to as trial court) dated 10.07.2001 vide which the respondent nos.1 to 4 have been acquitted in FIR No.97/1995, PS Mansarovar Park, Neeraj Kumar, brother of the deceased (hereinafter referred to as the petitioner) filed the present revision petition to set aside the same and to punish the respondent nos.1 to 4, as the State has not filed appeal against the acquittal.2. Factual matrix, as emerges from the record, is that the sister of the petitioner, name...


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