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Delhi Court February 2017 Judgments

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Feb 16 2017

Tariq Ali Khan vs.govt. Of Nct of Delhi & Others

Court: Delhi

Decided on: Feb-16-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.1921/2015 % TARIQ ALI KHAN Reserved on:05. h December, 2016 Date of Decision:16. h February, 2017 ....Petitioner Through Mr. Sourabh Ahuja, Advocate. Versus GOVT. OF NCT OF DELHI & OTHERS .Respondents Through Mr. Satyakam, ASC for GNCTD & Mr. Navin Jakhar, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. CHANDER SHEKHAR SANJIV KHANNA, J.The petitioner-Tariq Ali Khan in the present writ petition impugns the order dated 11.09.2014 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.747/2008 rejecting the plea of double jeopardy as untenable.2. The petitioner, a Sub-Inspector in the Delhi Police, was posted in the departure wing of the International Airport on 11th September, 1998, the date on which the incident leading to the present controversy took place. FIR No.433/1998 was registered against the petitioner at the Police Station, Indira Gandhi International Airport.3. By j...


Feb 16 2017

Syed Sadakat vs.central Bureau of Investigation

Court: Delhi

Decided on: Feb-16-2017

* % + + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:10. h February, 2017 Decided on:16. h February, 2017 CRL.REV.P. 448/2016 & Crl.M.A. 10118/2016 (stay) ATUL JAIN ........ Petitioner Represented by: Mr. Ajit Kumar Sinha, Sr. versus Advocate with Mr. Aishwarya Sinha, Advocate. CENTRAL BUREAU OF INVESTIGATION ..... Respondent Represented by: Mr. Nikhil Goel, Spl. PP with Mr. Ashutosh Ghade, Adv. CRL.REV.P. 528/2016 & Crl.M.A. 12461/2016 (stay) LALIT AGGARWAL ........ Petitioner Represented by: Mr.Rajesh Kaushik, Advocate. versus STATE (CBI) Represented by: Mr. Nikhil Goel, Spl. PP with ..... Respondent CRL.REV.P. 539/2016 & Crl.M.A. 12707/2016 (stay) Mr. Ashutosh Ghade, Advocate. SYED SADAKAT ........ Petitioner Represented by: Mr. S.M. Jamal, Advocate. versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Represented by: Mr. Nikhil Goel, Spl. PP with Mr. Ashutosh Ghade, Advocate. CRL.REV.P. Nos. 448/2016, 528/2016 & 539/2016 Page 1 of 7 CORAM: HON'BLE MS. JUSTICE MUKTA GUPT...


Feb 16 2017

Orient Bell Ltd vs.kaneria Granito Ltd & Anr

Court: Delhi

Decided on: Feb-16-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI ARB. P. 477/2014 & IA No.6086/2016 ORIENT BELL LTD ........ Petitioner Through: Mr. Anshuj Dhingra, Advocate. versus ..... Respondent Through: Mr. Dinesh Kumar Garg with Mr. Abhishek Garg, Mr. Dhananjay Garg and Mr. Deepak Mishra, Advocates. KANERIA GRANITO LTD & ANR CORAM: JUSTICE S.MURALIDHAR ORDER1602.2017 $~ * 2 + % 1. This is a petition under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (Act) filed by the... Petitioner, Orient Bell Limited (OBL) against Respondent No.1, Kaneria Granito Limited (KGL) seeking reference of disputes that have arisen between the parties out of two agreements, namely, Manufacturing and Investment Agreement (MIA) dated 13th August, 2010 and the Production and Quality Agreement (PQA) of the same date to arbitration.2. Under the above agreements contract it was inter alia agreed by the parties that tiles would be manufactured by KGL's units in Dahej, Gujarat for OBL. KGL has its registered office at S...


Feb 16 2017

Harmoz Siddiqui & Ors vs.smt Sabnam @ Dukhtari Begum

Court: Delhi

Decided on: Feb-16-2017

+ IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 508/2017 Date of Hearing & Order: February 16th, 2017 HARMOZ SIDDIQUI & ORS Through versus ........ Petitioners Mr.S.K. Rai, Adv. SMT SABNAM @ DUKHTARI BEGUM Through ..... Respondent Mr.Naveen Kumar, Adv. with respondent in person. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.(Oral) 1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Harmoz Siddhique and others for quashing of C.C No.158/2001, under Section 380/452/323/509/5IPC registered at Police Station Sarita Vihar, Delhi on the basis of an compromise executed between the petitioners and respondent namely, Smt. Sabnam @Dukhtari Begum.2. respondent-State submitted that the respondent present in the Court has been identified to be the complainant in the criminal complaint in question.3. The factual matrix of the present case is that on 20.09.2006, the Respondent found that the seven cheques signed by her were lost Learned Additional Pub...


Feb 16 2017

United Bank of India vs.ito and Ors.

Court: Delhi

Decided on: Feb-16-2017

Through : Sh. P. Roychaudhuri, Sr. Standing Counsel. ........ RESPONDENTS * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8085/2014, C.M. APPL.18876/2014 RAJESH PROJECTS (INDIA) PVT. LTD. ........ Petitioner Reserved on:16. 01.2017 Decided on:16. 02.2017 Through : Sh. Prakash Kumar and Ms. Rashmi Singh, Advocates. Versus COMMISSIONER OF INCOME TAX (TDS)-II AND ORS. + W.P.(C) 7682/2015 AJAY ENTERPRISES PVT. LTD. ........ Petitioner Through : Sh. Harish Malhotra, Sr. Advocate with Ms. Vidhi Goel and Ms. Shagun Parashar, Advocates. ASSISTANT COMMISSIONER OF INCOME TAX (TDS) AND ORS. Versus ........ RESPONDENTS Through : Sh. Jasmeet Singh and Sh. Nitesh Shrivastava, Advocates. Sh. P. Roychaudhuri, Sr. Standing Counsel. + W.P.(C) 10896/2015 IITL-NIMBUS, THE HYDE PARK, NOIDA ........ Petitioner Through : Sh. Neil Chatterjee, Advocate, for Sh. Debesh Panda, Advocate. Versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through : Sh. Jasmeet Singh and Sh. Nitesh Shrivastava, Advocates. Sh. ...


Feb 16 2017

Bhagat Singh vs.union of India & Anr

Court: Delhi

Decided on: Feb-16-2017

* % + W.P.(C) 15819/2006 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered on: February 16, 2017 BHAGAT SINGH Through: None. versus UNION OF INDIA & ANR ........ Petitioner ......... RESPONDENTS Through: Ms. Anjana Gosain, Mr. Vishu Agarwal and Mr. Rahul Singhai, Advocates with Mr. S.S. Sejwal, Law Officer, CRPF. CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA JUDGMENT INDIRA BANERJEE, J1 In this writ petition, the petitioner has challenged an order No F/4/29/90/ Estt (CRPF) (Pers II) dated 22.10.1993 whereby penalty of Dismissal from Service was imposed on the petitioner, a Commandant of the Central Reserve Police Force (CRPF).2. The petitioner joined the Indian Army as a Commissioned Officer in October 1958. After his release from the Indian Army in August 1968, the petitioner was appointed as a Deputy ===================================================================== W.P.(C) No.15819/2016 Page 1 of 6 Superintendent of Police of the CRPF. ...


Feb 16 2017

Council of the Instt. Of Chartered Accountants of India vs.subodh Gupt ...

Court: Delhi

Decided on: Feb-16-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : February 14, 2017 Judgment Delivered on : February 16, 2017 CHAT.A.REF.2/2010 COUNCIL OF INSTT. OF CHARTERED ACCOUNTANTS OF INDIA .....Petitioner Represented by: Mr.Rakesh Agarwal, Advocate with Mr.Pulkit Agarwal, Advocate versus * % + SUBODH GUPTA & ANR. .....Respondents Represented by: Ms.Manita Verma, Advocate with Ms.Riha Deb and Mr.Prateek Gaurav, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA PRADEEP NANDRAJOG, J.1. The Institute of Chartered Accountants has made the instant Reference under Section 21(5) of the Chartered Accountants Act, 1949 in respect of the respondent being indicted for a misconduct other than such misconduct which is referred to in sub-Section (4) of Section 21. It needs to be noticed at this stage that with respect to the misconduct for which the respondent has been indicted falling within sub-Section (4) of Section 21 the penalty levied : of removal of t...


Feb 16 2017

Mr. p.d. Sharma and Anr. Vs.government of Nct of Delhi and Ors.

Court: Delhi

Decided on: Feb-16-2017

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.7138/2007 16th February, 2017 MR. P.D. SHARMA AND ANR. ........ Petitioners Through: Mr. S.S. Nehra, Advocate with Mr. Neeraj Dutt Gour, Advocate and Mr. Rakesh Kumar, Advocate. versus GOVERNMENT OF NCT OF DELHI AND ORS. ........ RESPONDENTS Through: Mr. Sumit K. Batra, Advocate for respondent Nos.1 and 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 under Article 226 of the Constitution of India, the two petitioners claim interest on account of delay in payment of arrears granted to them of a senior scale of TGT. Interest is claimed from 1.4.1997 till 7.1.2003 when the amounts due as senior scale were paid. Interest is claimed at 24% per annum.... Petitioners challenge the impugned order of the respondent no.2/Director of Education (DOE) dated 21.4.2007 by which the respondent no.2/DOE has dismissed the claim for interest on the ground that t...


Feb 16 2017

Karan Singh vs.delhi Pinjra Pole Society

Court: Delhi

Decided on: Feb-16-2017

$~21 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI KARAN SINGH Date of Decision: February 16, 2017 RSA582017 ..... Appellant Through: Mr.Pramod Kumar, Advocate with appellant in person. versus DELHI PINJRA POLE SOCIETY ..... Respondent Through: Mr.Gaurav and Mr.Vikramjeet, CORAM: HONBLE MS. JUSTICE PRATIBHA RANI Advocates. JUDGMENT (Oral)sw CM No.6127/2017 1.2. Exemption allowed, subject to all just exceptions. Application stands disposed of. RSA582017 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the appellant against the concurrent finding of the Courts below i.e. judgment dated 08th December, 2016 passed by the First Appellate Court and dated 26th May, 2016 passed by the learned Trial Court declaring the status of the appellant to be that of a licensee in the suit property and that the licence stood terminated by the respondent. Vide impugned judgment, the appellant was also directed to pay mesne profit/damages at the rate...


Feb 16 2017

Rajinder Jain & Anr. Vs.state & Anr.

Court: Delhi

Decided on: Feb-16-2017

$~9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA9582016 & C.M. No.45515/2016 RAJINDER JAIN & ANR. Through: Mr. Naresh Thanai with Mr. Himanshu Pathak, Advocates. ..... Appellants versus ........ RESPONDENTS Through: Mr. Vikas Mehta with Mr. Siddhartha Jain, Advocates for R-2. STATE & ANR. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER1602.2017 1. The appellants are aggrieved by the order dated 13.10.2016 passed by the learned trial court in a suit filed by them and the respondent No.2, Trustees of Sh. Bashi Ram and Smt. Viro Devi Jain Charitable Trust under Section 92 of the CPC, for seeking permission to sell three immovable properties acquired by the Trust, to settle a Scheme for the sale proceeds received in respect of the suit properties to be placed in a FDR and for utilization of the interest accrued on the said FDR, for achieving the objects of the Trust.2. While disposing of the said suit in terms of the order dated 13.10.2016, a series of directions have been issued by the l...


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