Delhi Court January 2016 Judgments
Home Cases Delhi 2016 Page 1 of about 92 results (0.022 seconds)Sanjana Gahlot and Another Vs. The State Election Commission and Other ...
Court: Delhi
G. Rohini, CJ. 1. This public interest petition is filed bringing to the notice of this Court, the alleged inaction on the part of the respondents in filling up the casual vacancies in all the three Municipal Corporations of Delhi which are stated to be lying vacant since December, 2013. 2. It is pleaded in the writ petition that the councillors in the Municipal Ward Nos.44, 55, 67, 86, 124, 136, 168, 214 and 238 had resigned and consequently casual vacancies have occurred in 9 Municipal Wards on 20.12.2013. Similarly, 4 additional vacancies occurred on 07.02.2015 consequent to resignation of Councillors of the Municipal Ward Nos.126, 166, 176 and 199. It is pleaded that in spite of the fact that the General Parliamentary Elections were held in April-May, 2014 and thereafter, elections to Delhi Assembly were held in February, 2015, the State Election Commissioner/respondent No.1 failed to take steps to fill up the above said casual vacancies in terms of the mandatory provisions of the ...
Tag this Judgment!Col. Kalyan Singh Thr. his Lr. Vs. Wimpy International Ltd. and Others
Court: Delhi
S. Ravindra Bhat, J. 1. The unsuccessful plaintiff appeals against the judgment and order of a learned Single Judge, (dated 31.10.2014) rejecting his plaint as barred by law on the ground of limitation and at the same time, holding that this Court lacks territorial jurisdiction. The Court heard the counsel for parties finally, with their consent and also considered the documents and pleadings which were part of the suit records. 2. The suit averments were that the deceased plaintiff, along with Capt. H.S. Bajaj (Retd.) and Shri. N.K. Duggal, was carrying on business under the name and style of M/s. Freezo Freezing Complex in terms of partnership deed dated 28.08.1979. The plaintiff and Capt. H.S. Bajaj, retired Army officers, had applied for allotment of an industrial plot at Dhoondahera under a scheme formulated by the Haryana State Industrial Development Corporation (fourth defendant HSIDC ?). By allotment letter dated 12.12.1979, HSIDC allotted the suit property (i.e. land bearing N...
Tag this Judgment!National Petroleum Construction Vs. Director of Income-tax (Internatio ...
Court: Delhi
Vibhu Bakhru, J. 1. These appeals have been filed under Section 260A of the Income Tax Act, 1961 (hereafter the 'Act') calling into question orders dated 5th October, 2012 and 31st January, 2013 passed by the Income Tax Appellate Tribunal (hereafter the 'ITAT') in ITA No. 5168/Del/2010 and ITA No. 5763/Del/2011 respectively. The said appeals were filed by the Assessee assailing the assessment orders dated 26th October, 2010 and 18th November, 2011 for the assessment years (AY) 2007-08 and 2008-09 respectively. Whilst ITA No. 143/2013 and 144/2013 have been preferred by the Assessee, ITA 795/2014 and 533/2013 have been preferred by the Revenue. 2. The controversy involved in the present appeals principally relates to the taxability of income earned by the Assessee in respect of a contract entered into by it with ONGC Limited, a public sector enterprise (hereafter 'ONGC').The aforesaid contract entailed designing, engineering, procurement, fabrication of fully loaded offshore platform an...
Tag this Judgment!M/s. Ridgeview Construction Pvt Ltd. and Another Vs. M/s. Skyhigh Prop ...
Court: Delhi
Mukta Gupta, J. 1. Brief background of the matter is that M/s Ridgeview Construction Pvt. Ltd. the appellant No.1 herein (in short Ridgeview') on allotment of property bearing No.D-2, Saket District Centre, Saket Place, Saket, New Delhi by DDA on a perpetual-lease-hold tenure raised commercial building known as Southern Park'. A joint Purchase Agreement was entered into between M/s South Lake Properties Pvt. Ltd. (in short South Lake'), M/s Pushp Vihar Properties Pvt. Ltd. (in short Pushp Vihar'), M/s Koshika Properties Pvt. Ltd. (in short Koshika') and M/s Wales Properties Pvt. Ltd., (in short Wales') with Ridgeview for purchase of the entire 5th floor of the said commercial property. Thus Joint Purchase Agreement dated February 09, 2005 was executed between Ridgeview and the predecessors-in-interest of the respondent Skyhigh Properties Ltd. (in short Skyhigh') i.e. South Lake, Pushp Vihar, Koshika and Wales. Further a bifurcation agreement was executed amongst the four predecessors-i...
Tag this Judgment!MAC Personal Care Pvt. Ltd. and Another Vs. Laverana GMBH and Co. KG a ...
Court: Delhi
Pradeep Nandrajog, J. 1. Considering the pleadings of the parties and the documents filed, the learned Single Judge has decided IA No.18151/2012 filed by the respondent seeking interim injunction against the appellant pending disposal of the suit as also IA No.19804/2013 filed by the respondent praying that the ex-parte interim order dated September 28, 2012 should be vacated. It is apparent that the decision is in favour of the respondent and against the appellant. 2. Issue concerns respondent's trademark LAVERA: a latin word meaning the truth'. The respondent claims that registered as a limited liability company in Germany it adopted the trademark LAVERA in early 1980 as an arbitrary word mark in connection with cosmetic product and the product was marketed for the first time in Germany in the year 1982. The product has been marketed world over in various countries. The mark has been registered in several countries namely Germany, Denmark, Hong Kong, Italy, France, Japan, Singapore a...
Tag this Judgment!Anup Mittal (Huf) Vs. M/s. Kanungo Co-Operative Group Housing Society ...
Court: Delhi
Gita Mittal, J. 1. Perceptions that a person's prosperity are relateable to his address and the vehicle he drives, has led to this paradox of people effecting property and vehicle acquisitions way beyond their real needs. The instant case manifests the mindless assertion of non-existent entitlements to accommodate such acquisitions despite the same being contrary to law, it adversely impacting constitutional rights of others, and resulting in environmental degradation. Perhaps illustrating the words of Mahatma Gandhi when he said: Earth provides enough to satisfy every man's need, but not every man's greed. ? 2. The petitioner challenges the order dated 20th April, 2015 passed by the Delhi Cooperative Tribunal in Appeal No. 72/2014/DCT. By this order, the Tribunal set aside the Award dated 4th March, 2014 passed by the Arbitrator under Section 71 of the Delhi Cooperative Societies Act, 2003 (the Acthereafter) whereby the claim of the petitioner herein had been upheld. 3. There is no di...
Tag this Judgment!Delhi Transport Corporation Vs. Dev Raj Singh
Court: Delhi
1. The present petitioner, i.e., Delhi Transport Corporation (hereinafter referred to as the petitioner-management') has preferred the present Writ Petition under Article 226 of the Constitution of India for issuance of a Writ of Certiorari for quashing/setting aside the impugned order dated 26.02.2003 passed by the learned Presiding Officer, Industrial Tribunal-II, Karkardooma Courts, Delhi (hereinafter referred to as the learned Labour Court/Industrial Adjudicator') in O.P. No. 334/93 under Section 33(2)(b) of Industrial Disputes Act, 1947. 2. The brief facts set out by the petitioner-management is that, the petitioner-management on finding irregularities in attendance which amounted to lack of interest of the respondent-workman, i.e., Shri Dev Raj Singh in the year 1991 on his availing 93 days of LWP (leave without pay) came out with a petition under Section 33(2)(b) of the Industrial Disputes Act, 1947. The respondent-workman, i.e., Shri Dev Raj Singh was employed with the petition...
Tag this Judgment!Chandrakant Jha and Another Vs. State and Another
Court: Delhi
Sanjiv Khanna, J. 1. The appellant-Chandrakant Jha has filed three appeals impugning three separate judgments, all dated 24th January, 2013, convicting him for offences under Sections 302 and 201 of the Indian Penal Code,1860 (IPC for short). These convictions arise from the charge-sheets filed in FIR No.609/2006 dated 20th October, 2006; FIR No.243/2007 dated 25th April, 2007 and FIR No.279/2007 dated 18th May, 2007 recorded at the Police Station Hari Nagar after headless torsos of unknown persons were found packed in a gunny bag/carton outside the Central Jail, Tihar, Delhi on three separate dates when the FIRs were registered, i.e., on 20th October, 2006, 25th April, 2007 and 18th May, 2007. 2. The following table gives details of the FIRs, name of the victims/deceased, orders on sentence and the punishment imposed; criminal appeal numbers preferred by Chandrakant Jha, and the death references preferred by the State:- FIR No.Name of the victim/deceasedOrder on sentence dateSentence ...
Tag this Judgment!Jia Lal Kapur Vs. UOI and Another
Court: Delhi
Gita Mittal, J. CM No.6743/2015 For the reasons stated, the delay of 26 days in re-filing the review petition is condoned. The application is disposed of. Review Pet. No.216/2015 1. By way of the present petition, the petitioner has sought review of the judgment dated 28th September, 2004 passed in the present appeal. Before setting out the essential facts, we may note the history of the litigation briefly, as is essential for the view we are taking. 2. A writ petition being W.P.(C)No.2149/2001 was filed by the petitioner contending that office memorandums dated 29th August, 1984 and 1st May, 1987 were not brought to his notice. By these office memorandums, the government employees who had opted for receiving CPF benefits on retirement were given an option to have their retirement benefits calculated under the pension scheme provided they refund to the government, certain benefits received at the time of settlement of CPF amount. The petitioner, therefore, claimed in the writ petition ...
Tag this Judgment!Chandrakant Jha and Another Vs. State (Govt. of NCT) of Delhi and Anot ...
Court: Delhi
Sanjiv Khanna, J. 1. This appeal by Chandrakant Jha and death reference by the State arise from the judgment dated 24th January, 2013 and the order on sentence dated 5th February, 2013 passed in the charge-sheet filed in FIR No.243/2007 dated 25th April 2007, Police Station Hari Nagar, for murder of one Upender. By the order of sentence dated 5th February, 2013, the appellant Chandrakant Jha has been awarded death sentence for the offence under Section 302 of the Indian Penal Code, 1860 (IPC for short), fine of Rs.10,000/- , and in case of default of payment of fine, to undergo simple imprisonment for one month. Appellant has been also convicted under Section 201 IPC and sentenced to rigorous imprisonment for seven years and fine of Rs.10,000/- and in default of payment of fine, to further undergo simple imprisonment for one month. 2. We begin with incontrovertible facts proved beyond doubt on the question of recovery of a mutilated headless corpse from a carton box near UTI ATM booth ...
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