Delhi Court March 2015 Judgments
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Sunil Rakheja and Ors. Vs. State (Nct of Delhi) and Anr.
Court: Delhi
Decided on: Mar-03-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 03, 2015 + CRL.M.C. 847/2015 SUNIL RAKHEJA & ORS. Through: ..... Petitioners Mr. Kunal Arora, Advocate versus STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Mr. Karan Singh, Additional Public Prosecutor for respondent No.1-State with SI Mohinder Pal Singh Mr. Mandeep Kumar Sharma & Ms. Sandhya Singh, Advocates with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.516/2013, under Sections 498-A/406/34 of the IPC, registered at police station Mehrauli, Delhi is sought on the basis of mediated settlement terms of which are recorded in the order of 3rd March, 2014, reached through Delhi Mediation Centre, Saket Courts, New Delhi. Notice. Mr. Karan Singh, learned Additional Public Prosecutor for respondent-State accepts notice and Mr. Mandeep Kumar Sharma, Advocate, accepts notice on behalf of respondent No.2. Crl.M.C.No.847/2015 Page 1 Learned Additional Public Prose...
Hdfc Ergo Gen Insurance Co Ltd Vs. Nirmala Devi and Ors.
Court: Delhi
Decided on: Mar-03-2015
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d March, 2015 + MAC.APP. 860/2012 HDFC ERGO GEN INSURANCE CO LTD Through: ..... Appellant Ms. Neerja Sachdeva, Adv. versus NIRMALA DEVI & ORS. Through: ..... Respondents Mr. Anshuman Bal, Adv. for R-1 to R-6. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. The appeal is for reduction of compensation of `11,44,712/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) for the death of Asho Sahani, who suffered fatal injuries in a motor vehicular accident which occurred on 03.06.2011.2. The following contentions are raised by the learned counsel for the Appellant:(i) The deceased was working as a labourer. The Claims Tribunal took the minimum wages to compute the loss of dependency but added future prospects illegally without any evidence in this regard; and (ii) Non-pecuniary damages have been awarded on the higher side and the counsels fee has been wrongly computed.3. On the other hand, th...
Cit Vs. Indian Farmer Fertilizer Co-Operative
Court: Delhi
Decided on: Mar-03-2015
$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 3rd March, 2015 + ITA642013 CIT ..... Appellant Through Mr. Kamal Sawhney, sr. standing counsel versus INDIAN FARMER FERTILIZER CO-OPERATIVE..... Respondent Through Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. Admit.2. The following question of law has been urged:Whether in the facts and circumstances of the case, the assessee was entitled to any amount for the delayed payment of interest under Section 244A on the principal refund amount claimed by it. 3. The assessees returns for the year 1997-98 and 1998-99 were processed under Section 143(1). It is the admitted case of the parties that the requisite advance tax payments were completed within the time specified i.e. 1.4.1997 and 1.7.1998. The assessments were thereafter framed under Section 143(1) and adjustment of the tax was made for the year 1997-98 on...
Sunil Kumar Vs. State (Govt. of Nct) of Delhi
Court: Delhi
Decided on: Mar-03-2015
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:3. d March, 2015 + Crl.A.No.886/2012 SUNIL KUMAR Through: ..... Appellant Mr.Imran Khan, Advocate versus STATE (GOVT. OF NCT) OF DELHI ..... Respondent Through: Mr.O.P.Saxena, APP and Ms.Jasbir Kaur, APP alongwith SI Bijender Singh, Police Station Karol Bagh. AND + Crl.A.No.995/2012 ARJUN SHARMA Through: ..... Appellant Mr.Pradeep Kumar Arya with Mr.Narender Coudhary, Advocates versus STATE (GOVT. OF NCT) OF DELHI ..... Respondent Through: Mr.O.P.Saxena, APP and Ms.Jasbir Kaur, APP alongwith SI Bijender Singh, Police Station Karol Bagh % CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. By the present appeals, the appellants Sunil Kumar and Arjun Sharma lay the challenge to the judgment dated 12.04.2012 passed by the learned Additional Sessions Judge convicting the appellant Sunil Kumar under Section 392 read with Section 120-B IPC and Section 120-B IPC and Arjun Sharma under Section 392/397 IPC read with ...
Hdfc Ergo Gen. Insurance Co. Ltd. Vs. Baby Khushbu and Ors.
Court: Delhi
Decided on: Mar-03-2015
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d March, 2015 + MAC.APP. 1035/2012 HDFC ERGO GEN. INSURANCE CO. LTD. Through: ..... Appellant Ms. Neerja Sachdeva, Adv. versus BABY KHUSHBU & ORS. Through: ..... Respondents Mr. Anshuman Bal, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. The appeal is for reduction of compensation of `2,63,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) to Respondent no.1 Baby Khushbu for having suffered injuries in a motor vehicular accident which occurred on 03.06.2011.2. The compensation awarded as tabulated on page 11 of the impugned judgment is extracted hereunder:Pecuniary damages (special damages):1. Loss of movement . ` 48,000/2) Special diet expenses . ` 25,000/-3) Conveyance charges .. ` 15,000/-4) Attendant charges .. ` 25,000/- Non-Pecuniary damages (General damages):5. Pain, suffering, mental shock and trauma . `1,50,000/Total 3. ` 2,63,000/- The following contention...
Hdfc Ergo Gen. Insurance Co. Ltd. Vs. Bablu Sahni and Ors.
Court: Delhi
Decided on: Mar-03-2015
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d March, 2015 + MAC.APP. 1037/2012 HDFC ERGO GEN. INSURANCE CO. LTD. Through: ..... Appellant Ms. Neerja Sachdeva, Adv. versus BABLU SAHNI & ORS. Through: ..... Respondents Mr. Anshuman Bal, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. The appeal is for reduction of compensation of `2,63,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondent no.1 Bablu Sahani for having suffered injuries in a motor vehicular accident which occurred on 03.06.2011.2. As per the case set up by Respondent no.1, Respondent no.1 was working as a marble mistri (mason) and was earning `15,000/- per month at the time of accident. He suffered multiple injuries and remained admitted in the hospital for seven days. The Claims Tribunal accepted Respondent no.1 as a semi-skilled person and awarded a sum of `85,176/- towards loss of income. There seems to be a clerical mistake...
Commissioner of Police and Ors. Vs. Constable (Mounted) Laxmi Narayan.
Court: Delhi
Decided on: Mar-03-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3612/2014 & CM APPL. No.7365/2014 COMMISSIONER OF POLICE AND ORS. ..... Petitioners Through Mr. Ameit Andlay & Mr. Arun K. Sharma, Advocates versus CONSTABLE (MOUNTED) LAXMI NARAYAN... Respondent Through Mr. Pradeep Kumar, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA ORDER % 03.03.2015 KAILASH GAMBHIR, J.(ORAL) 1. By this Petition filed under Articles 226 and 227 of the Constitution of India, the petitioners/ Union of India seek to challenge the order dated 19.12.2013 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the CAT) whereby the learned Tribunal allowed the Original Application (in short OA) No.2837/2011 preferred by the respondent with a direction to the petitioners/ Union of India to consider the claim of the respondent for out of turn promotion to the rank of Head Constable strictly in terms of Standing Order No.4/1989.2. Assai...
Shri Hans Raj Vs. Bhim Rao Ambedkar College and Ors.
Court: Delhi
Decided on: Mar-03-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.3965/1999 3rd March, 2015 % SHRI HANS RAJ Through: ..... Petitioner Dr. M.P. Raju, Advocate. versus BHIM RAO AMBEDKAR COLLEGE & ORS. ..... Respondents Through: Mr. Kirtiman Singh, CGSC with Ms. Prerna Shah Deo, Advocate 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. By this writ petition filed under Article 226 of the Constitution of India, the petitioner who was appointed as a Lecturer (Hindi) in terms of the minutes of the Selection Committee dated 28.5.1995 of the respondent no.1-college/Bhim Rao Ambedkar College, impugns the action of the respondent no.1/college vide its letter dated 8.2.1997 in terminating the appointment of the petitioner. Appointment of the petitioner was terminated inasmuch as petitioner did not meet the eligibility criteria of 55% marks at the Master's Degree level and no relaxation to the petitioner as an SC candidate was...
Cit Vs. Amit Jain
Court: Delhi
Decided on: Mar-03-2015
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:03. 03.2015 + ITA5172012 C.M. No.15387/2012 CIT ..... Appellant Through: Mr. Rohit Madan, Sr. Standing Counsel. versus AMIT JAIN ..... Respondent Through: Mr. Ajay Vohra, Sr. Advocate with Ms. Kavita Jha and Mr. Vaibhav Kulkarni, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA S.RAVINDRA BHAT, J.(OPEN COURT) 1. By an order dated 25.09.2013, the following question of law was framed: Whether the transaction in question was rightly held by the Tribunal in the nature of investment and not in the nature of trade?.2. The facts of the case are that for assessment year (AY) 2006-07, the assessee had reported an amount of `2.61 crores as short term capital gain as against a total assessed income of `2.63 crores. Besides short term capital gain, the assessee had also reported a sum of `47.14 lakhs as long term capital gains which was accepted. In the ITA517-12 Page 1 scrutiny assessment, the AO form...
Smt Seema@swati Vs. Sh Shyam Tandon
Court: Delhi
Decided on: Mar-03-2015
* HIGH COURT OF DELHI AT NEW DELHI + C.M. (M) No.525/2013 Decided on :3. d March, 2015 SMT SEEMA@SWATI Through: Petitioner Ms. Monika Arora, Advocate. Versus SH SHYAM TANDON Through: Respondent Ms. Meenakshi Lekhi, Mr. Harish Pandey & Mr. Jitendra Tripathi, Advs. WITH + C.M. (M) No.883/2013 SH SHYAM TANDON Through: Petitioner Ms. Meenakshi Lekhi, Mr. Harish Pandey & Mr. Jitendra Tripathi, Advs. Versus SMT SEEMA@SWATI Through: Respondent Ms. Monika Arora, Advocate. CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.1. These are two petitions filed by the petitioner under Article 227 of the Constitution of India assailing the order dated 1.10.2012 by virtue of which the petitioner/wife [in C.M. (M) No.525/2013]. has been granted an ad interim maintenance of Rs.35,000/- per month during the pendency of the divorce petition apart from litigation expenses to the tune of Rs.60,000/-. The second petition [C.M. (M) No.883/2013]. has been filed by the respondent/husband challenging this ver...
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