Delhi Court March 2015 Judgments
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Delhi Transport Corporation Vs. M/S Security Cum Detective Services
Court: Delhi
Decided on: Mar-04-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered on 04th March, 2015 + O.M.P. 343/2006 DELHI TRANSPORT CORPORATION Through: ..... Petitioner Ms.Latika Choudhary, Advocate Versus M/S SECURITY CUM DETECTIVE SERVICES ..... Respondents Through: Mr.S.Khanna, Advocate with Mr.Abhimanyu Khatri, Advocate + O.M.P. 429/2006 M/S SECURITY CUM DETECTIVE SERVICES Through: ..... Petitioner Mr.S.Khanna, Advocate with Mr.Abhimanyu Khatri, Advocate Versus DELHI TRANSPORT CORPORATION Through: ..... Respondents Ms.Latika Choudhary, Advocate CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.(Oral) The present petitions along with OMP3422006 were decided by this Court vide its order dated May 04, 2012. Insofar as OMP3432006 filed by DTC is concerned, the same was disposed of, whereby this Court has set aside the impugned award as regards counterclaim No.1 of the DTC granting Rs.11,18,725/- and permitted the DTC to recover the entire sum of Rs.21,03,575 plus Rs.3,225/- on account of pen...
Mahalakshmi Cable Industries Vs. Commissioner of Central Excise
Court: Delhi
Decided on: Mar-04-2015
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:04. 03.2015 + CEAC222010 MAHALAKSHMI CABLE INDUSTRIES ..... Appellant Through: Mr. Rajesh Mahna with Mr.ManuGiri, Advocates. versus COMMISSIONER OF CENTRAL EXCISE ..... Respondent Through: Mr. Satish Kumar, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA S.RAVINDRA BHAT, J.(OPEN COURT) 1. The following substantial question of law was framed for the purpose of this appeal:Whether Customs, Excise and Service Tax Appellate Tribunal was right in holding that the refund claimed by the appellant was governed by provisions of Section 11B of the Central Excise Act, 1944 and was barred by limitation?.2. The facts briefly are that the appellant had paid excise duty during the period between 22.2.1999 and 28.8.1999. The amounts were deposited towards excise duty payable. The adjudication order for the relevant period was made on 23.6.2004 pursuant to a show cause notice. Thereafter, the assessee/appell...
Smt. Surbhi Khanna Vs. Shri Amit Khanna
Court: Delhi
Decided on: Mar-04-2015
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Order:04. 03.2015 MAT.APP.(F.C.) 112/2014 SMT. SURBHI KHANNA Through ..... Appellant Mr. Rajan Khosla, Adv. for Mr. Vivek Srivastava, Adv. along with appellant in person. versus SHRI AMIT KHANNA Through ..... Respondent Mr. Vijay Waghey & Ms. Manju Bhatnagar, Advs. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA ORDER0403.2015 KAILASH GAMBHIR, J (ORAL) 1. By this petition, the appellant seeks to challenge the tenability of the order dated 21.02.2014 passed by the learned Family Court, North East District.2. The petitioner has contended that the learned Family Court has failed to appreciate that she had filed a petition under Section 25 of the Guardians and Wards Act for the appointment/declaration of guardian and custody of minor child namely Master Daksh, aged about 5 years 2 months and the learned Family Court after placing reliance on Section 9 Clause (1) of the said Act has taken a view that the Cour...
Uoi and Anr Vs. Jetha Ram and Ors
Court: Delhi
Decided on: Mar-04-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2118/2015 & CM Nos.3817-18/2015 UOI AND ANR Through: ..... Petitioners Mr. Jagjit Singh, Ms. Rashmi Malhotra, Advocates versus JETHA RAM AND ORS Through ..... Respondents CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S. MEHTA ORDER0403.2015 % KAILASH GAMBHIR, J.(ORAL) C.M. Appl. No.3818/2015 (Exemption) Exemption allowed subject to just exceptions. Application stands disposed of. W.P. (C) No.2118/2015 & C.M. Appl. No.3817/2015 (Stay) 1. By this petition filed under Articles 226 & 227 of the Constitution of India, petitioner seeks to challenge the orders dated 28.04.2014 and 23.07.2014 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the learned Tribunal) in O.A.No.627/2013 and R.A. No.164/2014 respectively.2. Assailing the impugned order Mr. Jagjit Singh, Standing Counsel appearing on behalf of the petitioners submits that the learned Tribunal has not appr...
Union of India and Anr Vs. Shiv Kumar
Court: Delhi
Decided on: Mar-04-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5322/2014 UNION OF INDIA AND ANR ..... Petitioners Through: Ms. Rashmi Malhotra, Ms. Priyanka Bharihoke, Advocates Versus SHIV KUMAR ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S. MEHTA ORDER0403.2015 % KAILASH GAMBHIR, J.(ORAL) 1. By this petition filed under Articles 226 and 227 of the Constitution of India, petitioners seek to challenge the order dated 25.03.2014 passed by learned Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.3642/2012.2. Addressing arguments to assail the impugned order Ms. Rashmi Malhotra, the learned counsel for the petitioners submits that the two passengers were found travelling in Train No.2423, having boarded from Patna and were subjected to vigilance check by vigilance team between Ghaziabad and New Delhi. During checking they were found to be travelling without ticket. The respondent never lodged any complaint against them till t...
Rakesh Kumar Sharma Vs. Meena Bhatia and Ors
Court: Delhi
Decided on: Mar-04-2015
* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. No.257/2014 Decided on :4. h March, 2015 RAKESH KUMAR SHARMA Appellant Through: Mr. Sanjay Rathi, Advocate. Versus MEENA BHATIA & ORS Through: Respondents Mr. G.D. Gupta & Mr. Ajay Gulati, Advocates. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a regular second appeal filed by the appellant against the judgment dated 22.7.2014 passed by the first appellate court in case titled Rakesh Kumar Sharma vs. Meena Bhatia & Ors. in R.C.A. No.26/2014 which had upheld the judgment and the decree dated 16.5.2014 passed by the learned Civil Judge (Central) in Suit No.94/2011 titled Meena Bhatia & Ors. vs. Rakesh Kumar Sharma.2. Before dealing with the submissions made by the learned counsel for the appellant/defendant, it may be pertinent here to give brief background of the case. interest of the present respondents filed a suit for possession and recovery of damages/mesne profits for use and occupation as well as for permanent i...
Nuruddin @ Nura and Anr Vs. State
Court: Delhi
Decided on: Mar-04-2015
$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL. A. No.1429/2011 Reserved on 23rd February, 2015 Decided on 4th March, 2015 NURUDDIN @ NURA & ANR Through: ..... Appellants Mr. Arun Sharma, Adv. Versus STATE ..... Respondent Through: Mr. Yogesh Verma, APP for the State with SI Sweta Nand, P.S. Chandni Mahal. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.1. Appellants have been convicted under Sections 308/34 of the Indian Penal Code, 1860 (IPC) by the trial court and sentenced to undergo rigorous imprisonment for three years with fine of Rs.20,000/- and in default of payment of fine, simple imprisonment for six months. Benefit of Section 428 of the Code of Criminal Procedure, 1973 has also been given to the appellants.2. Aggrieved by their conviction as also the sentence awarded to them, appellants have preferred this appeal.3. Prosecution story as unfolded, is that on 13th December, 2008 at about 2:10 AM, an information was received in the Police Station Chandni Mahal, Del...
Government of Nct of Delhi and Ors. Vs. S.D. Sharma
Court: Delhi
Decided on: Mar-04-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and Order:04. 03.2015 + W.P.(C) 4546/2014 GOVERNMENT OF NCT OF DELHI & ORS. ..... Petitioners Through: Mr V.K Tandon & Mr. Yogesh Saini, Advocates versus S.D. Sharma Through: ..... Respondents Mr. Tamali Wad & Mr. Vaibhav Sharma, Advocates CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S. MEHTA ORDER % KAILASH GAMBHIR, J.(ORAL) 1. The instant petition has been filed under Article 226 of the Constitution of India, whereby the petitioners seek quashing of the Order dated 10.02.2014 passed by the learned Armed Forces Tribunal (Principal Bench), in O.A. No.1162/2012.2. In brief, the facts of the case are as follows:Vide Memorandum No.F.8(38)/Vig./DNW/2K/119687, dated 06.11.2000 the Disciplinary Authority proposed to hold an enquiry against the Respondent under Rule 14 of the CCS (CCA) Rules, 1965. The statement of imputation of misconduct or misbehaviour in respect of which the enquiry was proposed to be held was a...
Vinay Kumar Vs. Commissioner of Police
Court: Delhi
Decided on: Mar-04-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of hearing and order:4. h March 2015 + W.P.(C) 8/2015 VINAY KUMAR Through: ..... Petitioner Mr. Shanker Raju, Mr. Nilansh Gaur, Advocates versus COMMISSIONER OF POLICE Through: ..... Respondent Ms.Ruchi Sindhwani, Additional Standing Counsel, GNCT of Delhi with Ms.Bandana Shukla, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S. MEHTA ORDER % KAILASH GAMBHIR, J.(ORAL) 1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks to challenge the orders dated 21.08.2013 and 02.09.2014 passed in O.A.No.2664/2012 and R.A. No.155/2013 respectively, by the learned Central Administrative Tribunal, Principal Bench, New Delhi.2. The brief facts of the case are that the petitioner had joined Delhi Police as Constable (Dog Handler) on 25.04.1989 and is still continuing in service. Being a Dog Handler, he was required to undergo training and as per order dated 19.11.2009, 45 Constables (Dog ...
State Vs. Raj Kumar
Court: Delhi
Decided on: Mar-04-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL LEAVE PETITION No.346/2014 % Date of decision:4. h March, 2015 STATE (GOVT. OF NCT OF DELHI) . Appellant Through : Mr. Feroz Khan Ghazi, APP for the State. versus RAJ KUMAR & ANR. ..Respondents Through : Mr. I.A. Khan, Advocate. CORAM : HONBLE MR. JUSTICE G. S. SISTANI HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.1. By the present leave petition filed under section 378 of the Code of Criminal Procedure, the state seeks leave to appeal against the judgment dated 25.04.2013 passed by the learned Additional Sessions Judge, Delhi in sessions case No.83/2010, whereby the respondents (accused before the trial court) were acquitted of the charges punishable under section 302/392/120B/411/34 of the Indian Penal Code.2. The facts of the case, as noticed by the learned trial court, are as under: DD No.16 A was lodged on 22.04.10 at 6:45 PM in PS Vivek Vihar regarding the dead body of aged female drenched in blood lying a...
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