Delhi Court March 2015 Judgments
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M/S. S. Chaudhary Security and Fire Protection Ser Vs. Govt. of Nct of ...
Court: Delhi
Decided on: Mar-04-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:09. h February, 2015 Date of Decision:04. h March, 2015 % + W.P.(C) 1526/2012 M/S. S. CHAUDHARY SECURITY AND FIRE PROTECTION SERVICE (REGD.) ..... Petitioner Through: Mr. Tarkeshwar Nath, Advocate. versus GOVT. OF NCT OF DELHI Through: .....Respondent None. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH JUDGMENT1 The petitioner seeks setting aside and quashing of order No.DLC(CD)/SE/2011/4429 dated 16.12.2011 issued by Labour Commissioner, Government of NCT of Delhi, Labour Department, Delhi by filing the present petition under Article 226 of the Constitution of India.2. The short point for consideration in the present petition is the validity of the aforementioned order dated 16.12.2011, which according to the petitioner is violative of Section 6 of Payment of Wages Act, 1936 (hereinafter referred to as PW Act).3. At the outset it would be pertinent to mention that none appeared on behalf of respondent on 16.10.2014 and 30.01.2015, t...
Varun Tibrewal and Anr. Vs. State and Ors.
Court: Delhi
Decided on: Mar-04-2015
$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 04, 2015 + CRL.M.C. 4236/2014 VARUN TIBREWAL & ANR Through: ..... Petitioners Ms. Manu Bansal and Mr. Sandeep Chhabra, Advocates versus STATE & ORS Through: ..... Respondents Mr. Parvin Bhati, Additional Public Prosecutor for respondentState with SI Rajesh Kumar Mr. Manoj Bhandari, Advocate with Respondents No.2 to 4 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.273/2012, under Sections 279/304A of IPC registered at Police Station Vikas Puri, Delhi is sought on the basis of Mediated Settlement of 11th August, 2014 (Annexure-D). Upon notice, Mr. Pravin Bhati, learned Additional Public Prosecutor for respondent-State appears and submits that respondents No.2 to 4, present in the Court, are complainant-party of the FIR in question and they have been identified to be so by their counsel Mr. Manoj Bhandari as well as by SI Rajesh Kumar on the basis of identity CRL.M.C. 4236/2014 Pa...
Manoj Sehgal and Anr. Vs. State (Nct of Delhi) and Anr
Court: Delhi
Decided on: Mar-04-2015
$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 04, 2015 + CRL.M.C. 5791/2014 MANOJ SEHGAL & ANR Through: ..... Petitioners Mr. Azhar Qayum, Advocate versus STATE (NCT OF DELHI) & ANR ..... Respondents Through: Mr.Parveen Bhati, Additional Public Prosecutor for respondentState with SI Dharmender Mr. Shiv Charan Garg and Mr. Imran Khan, Advocates with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.90/2013, under Sections 420/467/468/471/ 120-B/34 of IPC registered at police station Desh Bandhu Gupta Road, Delhi is sought on the basis of Memorandum of Understanding of 24th December, 2013 (Annexure P-3) and on the ground that the misunderstanding which led to registration of the FIR now stands cleared between the parties. Notice. Mr. Praveen Bhati, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Shiv Charan Garg, Advocate, accepts notice on behalf of respondent No.2. CRL.M.C. 5791...
Deepak Kumar and Anr. Vs. The State (Govt. of Nct of Delhi) and Anr.
Court: Delhi
Decided on: Mar-04-2015
$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 04, 2015 + CRL.M.C. 864/2015 & Crl.M.A.3263/2015 DEEPAK KUMAR & ANR Through: ..... Petitioners Mr. Sanjay Kumar and Mr. Randhir Singh, Advocates versus THE STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through: Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with SI Attar Singh Mr. Pramod Kumar, Advocate for respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.149/2014, under Sections 498-A/406/34 of IPC registered at police station New Ashok Nagar, Delhi is sought on the basis of Settlement Deed of 16th February, 2015 (Annexure-B) and the fact that petitioner-husband and respondent No.2-wife are living together happily since September, 2014. Notice. Ms. Nishi Jain, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Pramod Kumar, Advocate, CRL.M.C. 864/2015 Page 1 accepts notice on behalf of respondent No.2. Learne...
Union of India Vs. Nitishwar Ayurved Medical College and Hospital and ...
Court: Delhi
Decided on: Mar-04-2015
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:4. h March, 2015 % + LPA No.123/2015 UNION OF INDIA Through: .. Appellant Mr. Sanjeev Narula with Mr. Ajay Kalra, Advs. Versus NITISHWAR AYURVED MEDICAL COLLEGE & HOSPITAL & ORS. .. Respondents Through: Mr. Rudro Chatterjee, Adv. for R-3. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.CMs No.3945-46/2015 (both for exemptions) Allowed, subject to just exceptions. The applications are disposed of. LPA No.123/2015, CMs No.3944/2015 (for condonation of 72 days delay in filing the appeal), 3948/2015 (for condonation of 63 days delay in re-filing the appeal & 3947/2015 (for stay) 1. This intra-court appeal impugns the order dated 1st September, 2014 of the learned Single Judge of this Court in W.P.(C) No.363/2012 filed by the respondents No.1&2. Though the appeal is accompanied with applications for condonation of 72 days delay in filing and 63 days delay in re-filing the appeal and conside...
Jrd Stock Brokers (P) Ltd. Vs. Commissioner of Income Tax-Ii
Court: Delhi
Decided on: Mar-04-2015
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :04. 03.2015 + ITA1342014, C.M. APPL.5666/2014 JRD STOCK BROKERS (P) LTD. Appellant Through: Sh. R.P. Garg, Advocate. Versus COMMISSIONER OF INCOME TAX-II Respondent Through: Sh. Kamal Sawhney, Sr. Standing Counsel with Sh. Sanjay Kumar, Jr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. In this appeal, the assessee claims to be aggrieved by an order of the Income Tax Appellate Tribunal (ITAT) dated 18.07.2008 in IT(SS) A. No.236/Del/2006. The question of law urged is:Whether in the circumstances of the case, the penalty under Section 158BFA(2) of the Income Tax Act, 1961 could be levied in respect of income which was not undisclosed income but was determined on the basis of estimation on the application of Weight Formula on gross credits in various bank statements considered as turnover?. ITA1342014 Page 1 2. The brief facts are that a s...
National Highways Authority of India Vs. Progressive Constructions Ltd ...
Court: Delhi
Decided on: Mar-04-2015
IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. 710/2013 NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Petitioner Through: Mr. Rajiv Kapoor with Mr. Anil Kumar, Advocates. versus PROGRESSIVE CONSTRUCTIONS LTD ..... Respondent Through: Mr. Amit George, Advocate. CORAM: JUSTICE S. MURALIDHAR ORDER0403.2015 1. This is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) seeking to challenge a unanimous Award dated 12th March 2013, passed by a three Member Arbitral Tribunal (AT) partly allowing the claims of the Respondent.2. A contract dated 12th August 1999 was entered into between the Petitioner, National Highways Authority of India (NHAI), and the Respondent, Progressive Constructions Limited, for the work of contract package No.EW-4 regarding four laning of Km 410 to Km 419 and Km 470 to Km 476 of the Purnea-Gayakota Section of NH-31 in the State of Bihar.3. One of the first issues raised before the AT was whether the claims of the Respondent were barred by limi...
Shahzeb Raza Vs. The State Nct of Delhi
Court: Delhi
Decided on: Mar-04-2015
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4694/2014 SHAHZEB RAZA ..... Petitioner Through: Mr M. Sufian Siddiqui, Mr Rakesh Bhugra & Mr M. Tabish Zia, Advs. versus % THE STATE NCT OF DELHI ..... Respondent Through: Mr Subodh Kumar, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER ORDER0403.2015 1. This writ petition is directed against order dated 16.07.2014, passed by the Sub-Divisional Magistrate, Kotwali, New Delhi. By virtue of the impugned order the petitioners request for de-sealing the premises, which is a shop bearing No.6540, situate at Main Road, Bara Hindu Rao, New Delhi (hereinafter referred as the premises in issue), has been declined on the ground that the petitioner has failed to obtain a No-Objection Certificate (NOC) from the landlord. This objection is articulated in the impugned order, which reads as follows:..... No objection Certificate from the Landlord on the Stamp Paper of Rs. 10/- duly attested by Notary Public stating that he has no objection if th...
M/S Wunderhommz Enterprises Pvt. Ltd Vs. Union of India and Ors
Court: Delhi
Decided on: Mar-04-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:04. 03.2015 W.P.(C) 2150/2015 M/S WUNDERHOMMZ ENTERPRISES PVT. LTD .... Petitioner versus UNION OF INDIA & ORS ..... Respondents Advocates who appeared in this case: For the Petitioner For the Respondent No.2 : Ms Purti Marwaha with Ms Henna George and Ms Anura Gupta : Mr Kamal Nijhawan CORAM: HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM38632015 Allowed subject to all just exceptions. WP(C) 2150/2015 & CM38622015 1. This petition challenges the holding of the fifth auction in respect of the subject goods which are time expired goods and are to be disposed of in accordance with Section 48 of the Customs Act, 1962.2. It is the case of the petitioner that in the fourth auction, which was conducted in respect of the said goods, the petitioners bid was the highest. Consequently, the petitioner should have been given the said goods at the price offered by ...
Vijender and Another Vs. State (Nct of Delhi)
Court: Delhi
Decided on: Mar-04-2015
$~Part-A (R-34) * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.128/2000 Date of decision:4. h March, 2015 VIJENDER AND ANOTHER ..... Appellants Through Mr. G.S. Sharma, Mr. R.A. Sharma & Mr. Jitender Panchal, Advocates. versus STATE (NCT OF DELHI) ..... Respondent Through Mr. Varun Goswami, APP CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ASHUTOSH KUMAR SANJIV KHANNA, J.(ORAL): The present appeal by Vijender and Shyam Sunder challenges their conviction under Section 302 read with Section 34 of the Indian Penal Code, 1860 (IPC, for short) by the judgment dated 15th January, 2000. By order on sentence dated 21st January, 2000, the two appellants have been sentenced to imprisonment for life and to pay fine of Rs.2, 000/- each. In default of payment of fine, they have to undergo Rigorous Imprisonment for six months each.2. The two appellants are brothers. Davender, the third brother was also charge sheeted with them in the FIR No.122/1998, Police Station Bha...
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