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Delhi Court July 2015 Judgments

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Jul 21 2015

Avadh Kaushik Vs. Union of India and Ors

Court: Delhi

Decided on: Jul-21-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:08. 07.2015 Judgment Pronounced on:21. 07.2015 + W.P.(C) 4320/2014 & CM No.9192/2015 AVADH KAUSHIK Through: ..... Petitioner Petitioner-in-person. Versus UNION OF INDIA AND ORS. .....Respondents Through: Mr.Anil Soni, Adv. for R-1. Mr.Ayushman Motwal, Adv.for Mr.Rajshekhar Rao, Adv. for R-5. Mr.Raman Duggal, Standing Counsel along with Ms.Ayushi Gupta, Adv. for GNCTD. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. This writ petition is filed by the petitioner, an advocate by profession, seeking a writ of mandamus to direct the respondents to implement the directions of the Honble Supreme Court passed in the case of Sheela Barse vs. State of Maharashtra, 1983(2) SCC96and to set up separate police lock-ups in reasonably good localities in Delhi where only female suspects should be kept and who should be guarded by female police personnel only. A writ of mandamus is also sought to direct ...


Jul 21 2015

Cit Vs. Maithon Power Ltd

Court: Delhi

Decided on: Jul-21-2015

$~ * 21. + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA52015 CIT ..... Appellant Through: Mr.P. Roy Chaudhuri, Senior Standing counsel with Mr. Ajit Sharma, Junior Standing counsel. versus MAITHON POWER LTD ..... Respondent Through: Ms. Shashi M Kapila, Advocate with Mr.R.R. Maurya, Mr. Pravesh Sharma and Mr.Sanjay Kumar, Advocates CORAM: HONBLE DR. JUSTICE S. MURALIDHAR HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2107.2015 1.This appeal under Section 260A of the Income Tax Act, 1961 (Act) is directed against the order dated 9th May 2014 passed by the Income Tax Appellate Tribunal (ITAT) dismissing the Revenues appeal i.e. ITA No.2644/Del/2013 for the Assessment Year (AY) 2009-10.2. In the present appeal the Court has by its order dated 20 th April 2015 framed the following question of law for consideration:Whether the ITAT has rightly upheld the decision of CIT (A) allowing relief to the Assessee Company by holding that refund of excise duty amounting to Rs.12,46,29,000/- claimed by the As...


Jul 21 2015

State Nct of Delhi Vs. Umesh

Court: Delhi

Decided on: Jul-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment :21.07.2015 CRL.REV.P. 266/2014 & Crl. M.A. No.7352/2014 STATE NCT OF DELHI Through ..... Petitioner Ms. Aashaa Tiwari, APP for the State. versus UMESH ..... Respondent Through None. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1 This revision petition is directed against the impugned order dated 25.10.2013 wherein the respondent stood discharged. 2 Charge-sheet had been filed under Sections 363/376 of the IPC as also Section 4 of the Protection of Children from Sexual Offices Act, 2012 (in short POCSO Act). At the stage of hearing arguments on charges, the Court noting the evidence collected by the prosecution, noting the version of the prosecutrix recorded under Sections 161 & 164 of the Cr.PC had noted that not even a prima-facie case is made out against the accused. He accordingly stood discharged. 3 The relevant extract of the impugned order reads herein as under:- During the course of investigati...


Jul 21 2015

Rajkumar Khatree @ Toni and Ors Vs. The State ( Govt of Nct of Delhi) ...

Court: Delhi

Decided on: Jul-21-2015

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:21st July, 2015 + Crl. M.C. No.2882/2015 RAJKUMAR KHATREE @ TONI & ORS Represented by: ..... Petitioners Mr.R.P.S.Bhatti, Adv with petitioners in person Versus THE STATE ( GOVT OF NCT OF DELHI) & ANR Represented by: ..... Respondents Mr.M.N.Dudeja, APP for the State with SI Sachin Tomar PS Pandev Nagar in person. Injured / complainant in person. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the present petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.134/2012 registered at Police Station Pandav Nagar, Delhi for the offences punishable under Sections 308/323/506/341/34 IPC and the consequential proceedings emanating therefrom against them.2. Learned counsel appearing on behalf of the petitioners submit that a quarrel took place between the petitioners and respondent No.2 during elections as both the parties are staying in the same vicini...


Jul 21 2015

Mahavir Prasad and Ors. Vs. State of Delhi and Ors.

Court: Delhi

Decided on: Jul-21-2015

I-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:21. t July, 2015 + CRL.M.C. 5525/2014 MAHAVIR PRASAD & ORS. ..... Petitioners Through: Mr. B.P. Singh Dhakray & Mr.Shakti Singh Dhakray, Advocates versus STATE OF DELHI & ORS. Through: ..... Respondents Ms. Nishi Jain, Additional Public Prosecutor for respondent-State with WSI Renu Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of impugned summoning order of 30th August, 2014 as well as FIR No.282/2012, under Section 406/34 of the IPC, registered at police station Sarai Rohilla, Delhi is sought in this petition. Learned counsel for petitioners submits that after demise of her husband in the year 2011, the FIR in question was got registered by respondent No.2 against petitioners, who are her parents in law, and the subject matter of FIR in question stands amicably settled in terms of Settlement Deed of 20th November, 2012. M. Nishi Jain, learned Additional Public Prosecutor for Crl...


Jul 21 2015

M/S Virender Kumar Jain Vs. M/S. Bharat Heavy Electricals Ltd.

Court: Delhi

Decided on: Jul-21-2015

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. 07.2015 FAO (OS) 385/2015 M/S VIRENDER KUMAR JAIN versus .... Appellant M/S. BHARAT HEAVY ELECTRICALS LTD. ..... Respondent Advocates who appeared in this case: For the Appellants : Mr Sanjay Bansal, Advocate. For the Respondents : None. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM No.12648/2015 (exemption) Exemption is allowed subject to all just exceptions. CM Nos.12646/2015 (for condonation of delay in re-filing the appeal) The delay in re-filing the appeal is condoned. The appeal stands disposed of. CM Nos.12647/2015 (for condonation of delay in filing the appeal) The delay in filing the appeal is condoned. The appeal stands disposed of. FAO (OS) 385/2015 1. This appeal is filed against the order dated 10.03.2015 passed by the learned Single Judge of this Court in OMP No.524/2013 which was a petition under Section 34 of the Arbitrati...


Jul 21 2015

Sumit Mittal and Anr. Vs. State of Nct and Anr.

Court: Delhi

Decided on: Jul-21-2015

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: July 21, 2015 + CRL.M.C. 2878/2015 & Crl.M.A.10273/2015 SUMIT MITTAL & ANR Through: .....Petitioners Mr. Vikas Pahwa, Senior Advocate, with Mr. Ankur Sharma, Advocate versus STATE OF NCT & ANR Through: .....Respondents Mr. Navin Sharma, Additional Public Prosecutor for respondentState with SI Sachin Tomar Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.295/2008, under Sections 420/406/120-B of IPC registered at police station Pandav Nagar, Delhi is sought on the basis of affidavit of respondent No.2. Notice. Mr. Navin Sharma, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2, present in the Court, has been identified to be complainant/first-informant of the FIR in question by SI Sachin Tomar on the basis of identity proof produced by him. Learned Additional Public Prosecutor for respondentCRL.M.C. 2878/2015 Page 1 ...


Jul 21 2015

Mohd Amzad @ Bholu and Ors. Vs. The State ( Nct of Delhi) and Anr.

Court: Delhi

Decided on: Jul-21-2015

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:21st July, 2015 + CRL.M.C. No.5561/2014 MOHD AMZAD @ BHOLU & ORS. ..... Petitioners Represented by: Mr. Azhar Qayum and Mr.G. Upadhyay, Advocates. Versus THE STATE ( NCT OF DELHI) & ANR. ..... Respondents Represented by: Mr. Ravi Nayak, Additional Public Prosecutor for the State with SI Ashish Sharma, PS Sadar Bazar. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioners seek quashing of FIR No.259/2014 registered at Police Station Sadar Bazar for the offences punishable under Sections 498A/406/34 IPC and the consequential proceedings emanating therefrom against the petitioners.2. Learned counsel appearing on behalf of the petitioners submits that the aforesaid case was registered on the complaint of respondent No.2, Ms. Ruby, consequent upon certain matrimonial and domestic disputes having arisen between the pa...


Jul 21 2015

Jisan Alias Bittoo Vs. State

Court: Delhi

Decided on: Jul-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:07. 07.2015 Pronounced on:21. 07.2015 + CRL.A. 550/2012 JISAN alias BITTOO ..... Appellant versus + STATE ..... Respondent CRL.A. 967/2012 ASLAM ..... Appellant versus STATE + ..... Respondent CRL.A. 968/2012 MOHD. RIAZUDDIN alias DING-DING versus STATE Presence : ..... Appellant ..... Respondent Mr. R.M. Tuffail, Mr. Vishal Raj Sehijpal, Mr. Anwar A. Khan and Mr. Farooq Chaudhry, Advs. for appellant in Crl.A.550/2012. Ms. Sahila Lamba, amicus curiae for the appellant in Crl.A.967/2012. Mr. S.B. Dandapani, Adv. for the appellant in Crl.A. 968/2012. Ms. Asha Tiwari, APP for State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE R.K. GAUBA % 1. The three (Crl.A.968/2012), appellants Mohd. Jisan Bittu @ Riazuddin @ (Crl.A.550/2012) Ding and Ding Aslam (Crl.A.967/2012) faced prosecution in sessions case No.34/11 on the charge for the offences of murder of Nazim S/o Salim (hereinafter referred to as th...


Jul 21 2015

Pammi @ Heera and Others Vs. The State (Govt. of Nct of Delhi)

Court: Delhi

Decided on: Jul-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRIMINAL APPEAL No.220/2013 Reserved on:11. h March, 2015 Date of Decision:21. t July, 2015 % PAMMI @ HEERA AND OTHERS ....Appellants Through Ms. Anu Narula and Mr. Kunal Aurora, Advocates. Versus THE STATE (GOVT. OF NCT OF DELHI) Respondent Through Mr. Varun Goswami, APP along with Inspector Satya Prakash, P.S. Ashok Vihar. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ASHUTOSH KUMAR SANJIV KHANNA, J.Pammi @ Heera, Suresh, Pintu @ Bintu, Raju and Santosh Kumari children of Bahadur Singh by the present appeal impugn judgment dated 29th August 2012 convicting them under Section 302 of the Indian Penal Code, 1860 (IPC, for short) for the murder of Kamla Devi; under Section 307 IPC for having caused burn injuries to Shanti Devi (PW-1); and under Section 452 IPC for trespassing into the house No C9/292, Sultan Puri, Delhi. The trial court has attributed common intention and applied Section 34 IPC for convicting the appellants under ...


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