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Delhi Court April 2015 Judgments

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Apr 30 2015

Telewings Communication Services Pvt Ltd Vs. Viom Networks Ltd

Court: Delhi

Decided on: Apr-30-2015

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 1682/2014 Reserved on:7. h April 2015 Decision on:30. h April 2015 TELEWINGS COMMUNICATION SERVICES PVT LTD ..... Petitioner Through: Mr. Rajiv Nayar and Mr. Sandeep Sethi, Senior Advocates with Ms. Padmaja Kaul, Ms. Richa Kaushal and Mr. Ashish Dholakia, Advocates. versus VIOM NETWORKS LTD ..... Respondent Through: Mr. Arvind Nigam, Senior Advocate with Mr. B. Susan and Mr. Jai Mohan, Advocates. CORAM: JUSTICE S. MURALIDHAR % JUDGEMENT3004.2015 Background facts 1. The Petitioner, Telewings Communication Services Pvt. Ltd. belongs to the Telenor Group of companies which is stated to be amongst the world's largest telecom operators. The predecessor of the Petitioner was Unitech Wireless (Tamil Nadu) Pvt. Ltd. which was in the business of providing telecom Services under telecom licenses granted to it by the Department of Telecommunications (DoT). Pursuant to the application made by the Petitioner, DoT permitted transfer of resource...


Apr 30 2015

Uoi Vs. D.S. Meena

Court: Delhi

Decided on: Apr-30-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:26. h March, 2015 Date of Decision:30. h April,2015 % + W.P.(C) 4735/2011 UOI Through: ..... Petitioner Mr. Rajinder Nischal, Advocate. Through: ..... Respondent Mr. Inderjit Singh, Advocate. versus D.S. MEENA CORAM: HON'BLE MR. JUSTICE V.P.VAISH JUDGMENT1 The present Writ Petition (Civil) has been filed under Article 226 of the Constitution of India, assailing the order dated 28.02.2011 passed by the Central Information Commission, New Delhi (hereinafter referred to as CIC) in appeal No.CIC/AD/A/2009/001513. Through the said order CIC directed the petitioner to show the Annual Confidential Reports (ACRs) of third party to the respondent.2. The facts as borne out from the present petition are that on 01.02.2009, respondent resorted to the Right to information Act (hereinafter referred to as the Act) and requested the petitioner for the following information: (a) Supply of certified copies of ACRs of Shri N. Jayaram, O.P. Kala, Vijay...


Apr 30 2015

Reeta Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Apr-30-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. h April, 2015 + CRL.A. 1319/2013 REETA Through: ..... Appellant Mr. Jivesh Tiwari, Advocate versus STATE (NCT OF DELHI) Through: ..... Respondent Ms. Fizani Hussain, Additional Public Prosecutor along with SI Lovkesh Kumar, PS Mandawali, Delhi CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. Challenge in this appeal is to the judgment dated 6 th March, 2013 and order on sentence dated 19th March, 2013 in Sessions Case No.155/2011 arising out of FIR No.31/2011, PS Mandawali u/s 363/366A/376/34 IPC whereby the appellant was convicted u/s 366A IPC and Section 109 IPC r/w Section 376 IPC and was sentenced to undergo rigorous imprisonment for a period of four years and fine of Rs. 1000/- in default to undergo SI for one month on each count. The substantive sentences were to run concurrently.2. Gravamen of the prosecution case is that PW1-Jagdish made a complaint regarding missing of his daughter P aged ab...


Apr 30 2015

Vls Finance Ltd Vs. Southend Infrastructure Pvt Ltd and Anr

Court: Delhi

Decided on: Apr-30-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:10. h March, 2015 Judgment Delivered on:30. h April, 2015 % + FAO(OS) 82/2015 VLS FINANCE LTD ..... APPELLANT VERSUS SOUTHEND INFRASTRUCTURE PVT LTD & ANR ..... RESPONDENTS Advocates who appeared in this case: For the Appellant: For the Respondent: Mr. Ravi Gupta, Senior Advocate with Mr. Nikhil Rohatgi, Mr. Samit Khosla, Mr. Chetan Sharma and Mr. Ashok Kr. Sharma, Advocates. Mr. Ashwani Kumar Matta, Senior Advocate with Mr. Mohit Auluck, Ms Manjula Baxla and Mr. Raghav, Advocates for respondent No.1. Mr. Chetan Sharma, Senior Advocate with Mr. Vijay K. Sondhi, Mr. Venancio D Costa, Mr. Ashish Kr. Singh and Mr. Harshed Pathak, Advocates for respondent No.2. CORAM: HON'BLE MR. JUSTICE BADAR DURREZ AHMED HON'BLE MR. JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J1 The controversy as of now that has arisen is whether from the impugned order an intra court appeal would lie under section 10 of the Delhi High Court Act, 1966...


Apr 30 2015

Sanjeet Sahni Vs. State

Court: Delhi

Decided on: Apr-30-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. h April, 2015 + CRL.A. 281/2012 SANJEET SAHNI Through: ..... Appellant Ms.Aishwarya Rao, Advocate versus STATE Through: ..... Respondent Ms.Fizani Hussain, Additional Public Prosecutor for the State along with WSI Renu, PS Adarsh Nagar CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. In the words of Honble Mr. Justice Dipak Mishra as observed in Shyam Narain vs. The State of NCT of Delhi, (2013) 7 SCC77 the wanton lust, vicious appetite, depravity of senses, mortgage of mind to the inferior endowments of nature, the servility to the loathsome beast of passion and absolutely unchained carnal desire have driven the appellant to commit a crime which can bring in a 'tsunami' of shock in the mind of the collective, send a chill in the spine of the society, destroy the civilized stems of the milieu and comatose the marrows of sensitive polity.2. This is a case of brutal rape of a 9 year old girl. The learn...


Apr 30 2015

Kartik Sawhney Vs. Union of India and Ors

Court: Delhi

Decided on: Apr-30-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h April, 2015 % + W.P.(C) 7964/2012 KARTIK SAWHNEY Through: ..... Petitioner Mr. Kamlesh Kumar Mishra, Adv. versus UNION OF INDIA AND ORS ..... Respondents Through: Ms. Abha Malhotra & Mr. Dhruv Dwivedi, Advs. for R-1. Mr. Amit Bansal & Ms. Seema Dolo, Adv. for R-2. Mr. Arjun Mitra, Adv. for R-3. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This petition under Article 226 of the Constitution of India was filed to direct the respondents (i.e. (i) Union of India, Ministry of Human Resource Development, (ii) JEE (Main) Secretariat, CBSE and (iii) IIT Delhi) (a) to ensure that alternate questions in lieu of questions with visual inputs are provided for candidates with visual disability in Joint Entrance Examination (JEE) (Main) 2013 and JEE (Advanced) 2013 as well as in corresponding examinations conducted in successive years; (b) to ensure that blind candidates are allowed to ...


Apr 30 2015

Puri Construction P. Ltd. and Ors. Vs. Larsen and Toubro Ltd. and Anr.

Court: Delhi

Decided on: Apr-30-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. 12.2014 Pronounced on:30. 04.2015 + FAO(OS) 21/2009 PURI CONSTRUCTION P. LTD. AND ORS Appellants. Versus LARSEN AND TOUBRO LTD. AND ANR. + ..Respondents FAO(OS) 22/2009 MOHINDER PURI Appellant Versus LARSEN AND TOUBRO LTD. AND ANR. + ..Respondents FAO(OS) 23/2009 PURI CONSTRUCTION P. LTD. AND ORS Appellants. Versus LARSEN AND TOUBRO LTD. AND ANR. + ..Respondents FAO(OS) 194/2009 M/S. LARSEN AND TOUBRO LTD. Appellant Versus PURI CONSTRUCTION LTD. AND ORS. . ..Respondents Through: Sh. Arvind Nigam, Sr. Advocate with FAO (OS) 21/2009 AND CONNECTED CASES Page 1 Sh. M.R. Shamshad, Sh. Shashank Singh and Sh. Abdullah Umar, Advocates, for petitioner in FAO(OS)21/2009 and FAO(OS)23/2009 and respondent in FAO(OS)194/2009. Sh. Ram Jethmalani, Sr. Advocate with Sh. Neeraj Malhotra and Sh. P. Garg, Advocates, for appellant in FAO(OS)22/2009 and Respondent No.3 in FAO(OS)194/2009. Sh. Ashok. H. Desai, Sr. Advocate with Sh. Sameer Parekh, Ms...


Apr 30 2015

State Bank of India and Anr. Vs. Dharmendra Prasad Singh and Ors.

Court: Delhi

Decided on: Apr-30-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : April 30, 2015 + LPA2602015 STATE BANK OF INDIA & ANR. .....Appellants Represented by: Mr.Rajiv Kapur, Advocate versus DHARMENDRA PRASAD SINGH & ORS. .....Respondents Represented by: Ms.Suparna Srivastava, Advocate with Mr.Neelmani Pant, Advocate for R-3 and R-4 CORAM: HON'BLE MR.JUSTICE PRADEEP NANDRAJOG HON'BLE MS.JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) CM No.7976/2015 Allowed subject to just exceptions. LPA No.260/2015 1. Better people translate into better business. This is the simple philosophy of Tom Gegax, the founder and CEO of Tires Plus, a Tire Retailer with over 150 stores scattered across 12 states.2. It is trite that high-performance work practices lead to both high individual and high organizational performance. These high-performance work practices should be of a kind where there is a commitment to improving the knowledge, skills, and abilities of an organizations employees; increasing their motivat...


Apr 30 2015

Council of the Institute of Chartered Accountants Vs. Shri Gyan Prakas ...

Court: Delhi

Decided on: Apr-30-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h April, 2015 % + CHAT.A.REF. No.1/2014 & CM No.3363/2014 (for condonation of delay in re-filing). COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA .. Petitioner Through: Mr. Rakesh Agarwal with Mr. Pulkit Agarwal, Advs. Versus SHRI GYAN PRAKASH AGARWAL & ANR. .. Respondents Through: Nemo. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. Chartered Accountant (CA) Shri Gyan Prakash Agarwal, a Member of the petitioner Institute of Chartered Accountants of India and having Membership No.086296, respondent no.1 herein (respondent no.2 is Union of India, a proforma party) having been found guilty of Other Misconduct falling under Section 22 read with Section 21 of the Chartered Accountants Act, 1949 as it stood prior to the amendment w.e.f. 17 th November, 2006, in pursuance to the complaint dated 6th February, 2002 of the Office of the Comptroller & Auditor General of India...


Apr 30 2015

M/S Appaches Security and Allied Services Private Lt Vs. Government of ...

Court: Delhi

Decided on: Apr-30-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on:30. 04.2015 + WP(C) 205/2014 M/S APPACHES SECURITY & ALLIED SERVICES PRIVATE LTD. ..... Petitioner Versus GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner: Lt. Col. Naveen Kumar Anand, Director of petitioner company. For the Respondents: Ms Zubeda Begum, Standing Counsel with Ms Sana Ansari, Adv. for R-1. Mr Ujjawal K. Jha, Advocate for R-2. Mr Amitesh C. Mishra & Ms Vishakha Poonia, Advs. for R-3. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 In a prolix paper book, running into 487 pages, the moot point which the petitioner has raised is that the contract awarded to respondent no.3 vide letter dated 28.11.2013 by respondent no.2, ought to be quashed in view of the fact that it does not possess a license under Section 4 of Private Security Agencies (Regulation) Act, 2005 (in short the Act).2. Before I proceed further, it may be important to note ...


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