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Delhi Court July 2015 Judgments

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Jul 22 2015

Parveen Gaba Vs. The State Through Govt of Nct of Delhi and Anr.

Court: Delhi

Decided on: Jul-22-2015

I- 25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:22. d July, 2015 + CRL.M.C. 2900/2015 & Crl.M.A.No.10318/2015 PARVEEN GABA Through: ..... Petitioner Mr. Arun Vashistha, proxy counsel for petitioner with petitioner in person versus THE STATE THROUGH GOVT OF NCT DELHI & ANR. ..... Respondents Through: Mr. Parveen Bhati, Additional Public Prosecutor for respondentState with SI Yogesh Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR JUDGMENT (ORAL) % Quashing of FIR No.105/2013, under Sections 498-A/406/34 of the IPC, registered at police station Uttam Nagar, New Delhi is sought on the ground that petitioner-husband and respondent No.2-wife are living together happily since March, 2015. Notice. Mr. Parveen Bhati, learned Additional Public Prosecutor for respondent-State accepts notice and submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she Crl.M.C.No.2900/2015 Page 1 has been identified to be so b...


Jul 22 2015

Ram Chander Vs. State (Nct of Delhi)

Court: Delhi

Decided on: Jul-22-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :2. d JULY, 2015 DECIDED ON :22. d JULY, 2015 + CRL.A. 1107/2011 RAM CHANDER ..... Appellant Through : Mr.Biswajit Kumar Patra, Advocate. versus STATE (NCT OF DELHI) Through : ..... Respondent Mr.Navin K.Jha, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Aggrieved by a judgment dated 23.12.2010 of learned Addl. Sessions Judge in Sessions Case No.11/2008 arising out of FIR No.111/2007 PS Gokalpuri, Delhi, by which the appellant Ram Chander was convicted under Sections 376(2)(g)/380/506 IPC, the instant appeal has been preferred by him. By an order dated 06.01.2011, he was awarded RI for ten years with fine ` 50,000/- under Section 376(2)(g) IPC; RI for three years with fine ` 10,000/- under Section 380 IPC and RI for three years with fine ` 5,000/- under Section 506 IPC. The substantive sentences were to operate concurrently.2. The prosecution case as set up in the charge-sheet was that on 15.02.2007 at about 11.00 a.m. at...


Jul 22 2015

Food Corporation of India Vs. Appellant Authority (Central) Under Indu ...

Court: Delhi

Decided on: Jul-22-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:22. d July, 2015 +W.P.(C) 1676/2008 & CM No.2218/2010 FOOD CORPORATION OF INDIA Through: ..... Appellant Mr.Karunesh Tandon , Advocate versus APPELLANT AUTHORITY (CENTRAL) ..... Respondents UNDER INDUSTRIAL EMPLOYMENT (STANDING ORDERS) Act, 1946 & Ors. Through: Mr.Inderjit Singh, Advocate for respondent no.2. CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.1. The short question involved in the present petition is whether the appeal filed by the petitioner before the Appellate Tribunal under the Industrial Employment (Standing Orders) Act, 1946 (hereinafter referred to as the Act) was within limitation and if not, whether the delay can be condoned or not.2. The management of Food Corporation of India, New Delhi submitted an appeal under Section 6 of the Act challenging the order dated 05.01.2005 passed by the Certifying Officer and RIC(c), New Delhi issued in the application of the FCI Management seeking am...


Jul 21 2015

K L Chhabra Vs. The Assistant General Manager,

Court: Delhi

Decided on: Jul-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision : July 21, 2015 + LPA8682013 K L CHHABRA Represented by: ..... Appellant Appellant in person. versus THE ASSISTANT GENERAL MANAGER, PUNJAB NATIONAL BANK ..... Respondent Represented by: Mr.Jagat Arora, Adv. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. K.L.Chhabra the appellant herein while posted as Computer Operater Category B at Naraina Vihar Branch of Punjab National Bank on June 16, 2006 was allegedly involved in an incident for which he was suspended on January 16, 2006 and a charge-sheet was served on February 04, 2006 with the following charges. It is alleged that while working as CTO Category B at BO: Naraina Vihar, New Delhi on 16.01.2006, you embezzled the amount of `3000/-. The detail of the embezzled transaction is given below. It is reported against you that: On 16.01.2006 at 11.00 A.M., Shri Vijay Kumar tendered one withdrawal slip form for `3000/- along ...


Jul 21 2015

Devender Kumar Vs. Cmd of M/S Delhi Transco Ltd

Court: Delhi

Decided on: Jul-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision : July 21, 2015 + LPA4622015 DEVENDER KUMAR Represented by: ..... Appellant Mr.Manoj Kumar, Advocate. versus CMD OF M/S DELHI TRANSCO LTD ..... Respondent Represented by: Mrs.Avnish Ahlawat, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) CM No.12654/2015 (Delay in filing) 1. For the reasons stated in the application 60 days delay in filing the appeal is condoned.2. Application is disposed of. CM No.12655/2015 (Delay in refiling) 1. For the reasons stated in the application 437 days delay in refiling the appeal is condoned.2. Application is disposed of. LPA4622015 1. Aggrieved by the order dated November 13, 2013 whereby the writ petition filed by the Appellant Devender Kumar seeking relief of being promoted to the post of Junior Engineer (Electrical) w.e.f November 2000 was dismissed, the Appellant prefers the present appeal.2. In the writ petition Devender Kumar p...


Jul 21 2015

Pratima Srivastava Vs. State of Nct of Delhi andanr.

Court: Delhi

Decided on: Jul-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 692/2012 Date of reserved:02. 07.2015 Date of decision:21. 07.2015 PRATIMA SRIVASTAVA Through: ..... PETITIONER Mr.Sunil Chaudhary, Advocate. versus STATE OF NCT OF DELHI &ANR. ..... Respondent Through: Mr.Lovkesh Sawhney, APP for State Mr.Ashish Aggarwal, Adv. for R-2. Mr.Vivek Yadav, Official, SEBI CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR , J.1. The revisionist petitioner is aggrieved by the order dated 19.11.2012 passed by the learned ACMM (Special Acts) Central Delhi passed in SEBI Vs. M/s.Assured Agro Park whereby the prayer for discharge from the complaint case filed by SEBI has been rejected.2. The discharge application of the petitioner was structured on the ground that she had ceased to be a director of the Assured Agro Park Ltd (the company for short) long before the alleged violations of the requirements under the SEBI Act were committed.3. Brief facts which led to the filing of the complaint by the SEBI ...


Jul 21 2015

Anil Gulati Vs. Promila Gulati

Court: Delhi

Decided on: Jul-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: July 08, 2015 Judgment Delivered on: July 21, 2015 + RFA (OS) 37/2015 ANIL GULATI Represented by: ..... Appellant Mr.Vijay K.Gupta, Advocate with Mr.Mehul Gupta, Advocate versus PROMILA GULATI Represented by: ..... Respondent Mr.Pankaj Nagpal, Advocate with Mr.Rajiv Bajaj, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PRADEEP NANDRAJOG, J.1. The dispute in the present appeal is between the son of Late Sh.Kishan Lal Gulati and the daughter-in-law of Late Sh.Kishan Lal Gulati.2. The genealogy tree of the family of Late Sh. Kishan Lal Gulati is as under:Late Sh. Kishan Lal Gulati I --------------------------------------------------------------I I I Ashok Gulati Amrit Gulati Anil Gulati (Son) (Son) (Son)/Defendant I Promila Gulati (Wife)/Plaintiff 3. Ms.Promila Gulati instituted a suit for permanent and mandatory injunction and mesne profits in the year 2010 against Mr.Anil Gulati (bro...


Jul 21 2015

Commissioner of Income Tax Delhi-21 Vs. Om Prakash Khaitan

Court: Delhi

Decided on: Jul-21-2015

$~ * 6. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:21. t July, 2015 + ITA4162015 COMMISSIONER OF INCOME TAX DELHI-21 ..... Appellant Through: Ms. Suruchi Aggarwal, Senior Standing counsel with Ms. Lakshmi Gurung, Advocate. versus OM PRAKASH KHAITAN ..... Respondent CORAM: HONBLE DR. JUSTICE S. MURALIDHAR HON'BLE MR. JUSTICE VIBHU BAKHRU Dr. S. MURALIDHAR, J.CM No.12085/2015 (for condonation of delay in re-filing the appeal) 1. For the reasons stated in the application, the delay in re-filing the appeal is condoned.2. The application is disposed of. ITA No.416/2015 3. The challenge in this appeal under Section 260-A of the Income Tax Act, 1961 (Act) is to an order dated 30th May 2014 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.360/Del/2013 for the Assessment Year (AY) 2009-10.4. The Assessee is proprietor of M/s. O.P. Khaitan and Company, a firm of Solicitors and Advocates. The Assessee follows the cash system of accounting since inception and this has bee...


Jul 21 2015

Suresh Chand Sharma Vs. Delhi Transport Corporation

Court: Delhi

Decided on: Jul-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. h May, 2015 Date of Decision:21. t July, 2015 % + W.P.(C) 7878/2014 SURESH CHAND SHARMA Through: ..... Petitioner Mr. Rakesh Kumar, Adv. versus DELHI TRANSPORT CORPORATION ..... Respondent Through: Ms. Manish Garg, Adv. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH JUDGMENT1 The petitioner by way of the present petition has assailed the order dated 23.04.2014 passed by learned Presiding Officer, Labour Court XVII, Karkardooma Courts, Delhi, in I.D. No.106/2008 (Unique ID No.02402C0477152008), whereby the claim of the workman/petitioner was dismissed as barred by limitation.2. Succinctly stating the facts leading to the present petition are that on 11.12.2001, the Vigilance department of the respondent corporation issued a public notice whereby it asked the employees of the respondent corporation to report incidents of bribe paid by them to senior officers under pressure. Any employee who made such a disclosure was to be granted i...


Jul 21 2015

Ram Nandan Vs. The State (Govt Nct of Delhi)

Court: Delhi

Decided on: Jul-21-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :3. d JULY, 2015 DECIDED ON :21. t JULY, 2015 + CRL.A. 999/2011 RAM NANDAN ..... Appellant Through : Mr.Sumeet Verma, Advocate. VERSUS THE STATE (GOVT NCT OF DELHI) Through : ..... Respondent Ms.Fizani Husain, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. Aggrieved by a judgment dated 09.03.2011 of learned Addl. Sessions Judge in Sessions Case No.96/08 arising out of FIR No.940/07 PS Uttam Nagar by which the appellant Ram Nandan was convicted for committing offence under Section 376(2)(f) IPC, the instant appeal has been preferred by him. By an order dated 11.03.2011, he was sentenced to undergo RI for ten years with fine ` 10,000/-.2. Briefly stated, the prosecution case as set up in the charge- sheet was that on the night intervening 21/22.12.2007, the appellant committed rape upon X (assumed name) aged about seven years. Daily Diary (DD) No.42A (Ex.PW-4/A) came into existence at 06.40 p.m. at PS Uttam Nagar on 22.12.20...


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