Delhi Court September 2017 Judgments
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Ramdesh & Anr. Vs.union of India
Court: Delhi
Decided on: Sep-14-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % RAMDESH & ANR. FAO No.148/2017 14th September, 2017 ..... Appellants Mr. D. Sabharwal, Advocate. Through: versus UNION OF INDIA CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Railway Claims Tribunal (RCT) dated 24.1.2017 which has dismissed the claim petition filed by the appellants/claimants, and who are the parents of the deceased Sh. Anil who is alleged to have died in an untoward incident on 14.4.2016 while travelling in an EMU local train from Rundhi, Palwal to Okhla railway station.2. In law before a claim petition succeeds for the statutory compensation, it is required under the Explanation to Section 124-A of FAO No.148/2017 Page 1 of 4 the Railways Act, 1989 that a person must be a bonafide passenger i.e he must be travelling on a valid tr...
Vinod Kaushik vs.madan Lal Arora & Ors
Court: Delhi
Decided on: Sep-14-2017
* % + CRL.A.1342/2015 VINOD KAUSHIK versus MADAN LAL ARORA & ORS IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:22. 08.2017 Delivered on:14. 09.2017 ..... Appellant ........ RESPONDENTS Advocates who appeared in this case: For the Appellant : Mr.A.K.Padhy. For the... RESPONDENTS Nos.1-3 : Mr.S.K.Sharma. CORAM:-"HONBLE MR JUSTICE ASHUTOSH KUMAR JUDGMENT ASHUTOSH KUMAR, J1 The appellant has preferred the present appeal against the order dated 21.08.2015 passed by the Special Judge, P.C Act, CBI-03, Rohini Courts, New Delhi in an application filed by him under Section 340 of the Cr.P.C. alleging that deliberately wrong statement was made by the respondents in Crl.Rev.10/2015, whereby the application was rejected and the appellant was saddled with a cost of Rs.20,000/-, which was required to be deposited before the Trial Court within one week from the date of passing of the order failing which the Trial Court was directed to recover the same from the appellant as fine under the provis...
Alimenta s.a. Vs.n.a.cm.f.of India
Court: Delhi
Decided on: Sep-14-2017
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + ALIMENTA S.A. Judgment delivered on:14. 09.2017 ..... Decree Holder EX.P. 204/2002 N.A.CM.F.OF INDIA versus ..... Judgement Debtor Advocates who appeared in this case: For the... Petitioner : Mr. Arvind K. Nigam, SR. Adv. with Mr. Shailendra Swarup and Ms. Aparajita Swarup, Advs. For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : Mr. Sandeep Sethi, Sr. Adv. with Mr. Aditya Vijay Kumar, Ms. Liza M. Baruah, Ms. Akshita, Mr.Anurag Tiwari, Mr. L.K. Batra and Mr. Dhanjeet, Advs. JUDGMENT SANJEEV SACHDEVA, J.(ORAL) I.A. 357/2017 (Exemption) Allowed, subject to all just exceptions. EX. P. 204/2002 & I.A. 356/2017 (under Order XXI Rule 26 of the CPC) & I.A. 358/2017 (under Section 151 of the CPC seeking recall/modification of the order dated 24.08.2017) 1. The Judgment Debtor by I.A. 356/2017 seeks a stay of the Ex. P. 204/2002 Page 1 of 5 execution proceedings and by I.A. 358/2017 seeks modification of order dated 24.08.2017 ...
Yogesh Rathore & Ors. Vs.state & Anr
Court: Delhi
Decided on: Sep-14-2017
$~21 * + 1.2. 3.4. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2359/2017 YOGESH RATHORE & ORS. ........ Petitioners Through Mr. Jagat Singh Baasta, Advocate along with petitioners in person. versus STATE & ANR ........ RESPONDENTS Through Mr. Rahul Mehra, Standing Counsel for the State with Mr. Jamal Akhtar Advocate along with SI B.D. Meena, PS Badarpur, Delhi. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER1409.2017 % Status report has been filed. Notice to respondent No.2. She is present in person and accepts notice. She is duly identified by IO SI B.D. Meena. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing of the FIR bearing No.0433/2015, registered on 02.07.2015 against them with Police Station Badarpur, District South-East, Delhi, under Sections 406 of IPC and Section of the Dowry Prohibition Act, 1...
Bhim Singh vs.samser Singh & Ors.
Court: Delhi
Decided on: Sep-14-2017
$~R-205 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 302/2010 Decided on:14. h September, 2017 BHIM SINGH Through: Nemo. .....Appellant versus SAMSER SINGH & ORS. ........ RESPONDENTS Through: Mr. Amit Gaur, Advocate for R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was the claimant before the tribunal in accident claim case (Suit No.31/06/09) instituted on 29.08.2006, it having been decided by judgment dated 03.02.2010. His claim was under Section 166 of the Motor Vehicles Act, 1988 on the averments that on 08.07.2006 at about 7:30AM while crossing the road on a bicycle in front of Lokesh Cinema on Main Rohtak Road, Nangloi, he was hit by a truck bearing registration No.HR-63-1188 (the truck), driven in negligent manner by the first respondent. The vehicle is registered in the name of the second respondent and was admittedly insured against third party risk with the third respondent (insurer). The tribunal, after inquiry accepted the claim for comp...
Rajendra vs.union of India & Ors.
Court: Delhi
Decided on: Sep-14-2017
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.8113/2016 Date of Decision:14. h September, 2017. RAJENDRA Through Mr.Dinesh Agnani, Sr. Adv. with Mr.Piyush Sharma, Adv. ..... PETITIONER versus UNION OF INDIA & ORS Through Mr.Akshay Makhija, Adv. with Mr.Aditya Goyal, Adv. & Mr.Shivi Sanyam, Adv. ..... RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI VIPIN SANGHI, J1 The petitioner has preferred the present petition to assail the order dated 15th February, 2016 passed by in O.A. 2553/2014 and the order dated 19th April, 2016 passed in Review Application No.82/2016 in the aforesaid application by the Central Administrative Tribunal (hereinafter referred to as Tribunal). The Tribunal has WP(C) No.8113/2016 Page 1 of 12 dismissed the... Petitioners said Original Application as well as the Review Application by impugned orders.2. The petitioner, who retired as a Member of the Income Tax Appellate Tribunal (ITAT) on 24th April, 1987, has been rec...
Rabbani @ Sameer vs.state
Court: Delhi
Decided on: Sep-14-2017
$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:14. 09.2017 W.P.(CRL) 1368/2017 RABBANI @ SAMEER ........ Petitioner Through Ms.Aishwarya Rao, Adv. STATE versus ..... Respondent Through Mr.Rahul Mehra, Standing Counsel (Criminal) for the State with Mr.Jamal Akhtar, Adv. along with SI Ombir Singh, P.S. Welcome. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(Oral) 1. The petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 Code of Criminal Procedure, 1973 for grant of parole for a period of three months in order to maintain social ties and to enable him to file Special Leave Petition before the Honble Supreme Court against the order dated 23rd March, 2016 by which Crl. Appeal No.648/2013 was dismissed by this Court.2. Status report has been filed. The petitioner has also filed the additional affidavit.3. As per the nominal roll, the petitioner was convicted under WP (Crl.) 1368/2017 Page ...
Nazim vs.the State (Govt. Of Nct of Delhi)
Court: Delhi
Decided on: Sep-14-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on 11.08.2017 Judgment pronounced on:14. 09.2017 CRL.A. 207/2016 RAFIQUE Through Mr.Aditya Guar, Adv. with Mr.Chandan Kumar, Adv. ..... Appellant versus THE STATE (GOVT OF NCT DELHI) ..... Respondent Through Mr.Tarang Srivastava, APP for State with SI Alok Bajpai, P.S. Kashmere Gate. + CRL.A. 208/2016 NAZIM ..... Appellant Through Mr.Ritesh Bahri, Adv. with Mr.Vipin Bansal and Mr.Pradeep Prajapati, Advs. versus THE STATE (GOVT OF NCT DELHI) ..... Respondent Through Ms.Aashaa Tiwari, APP for State with SI Alok Bajpai, P.S. Kashmere Gate. Crl. Appeals 207/2016, 208/2016, 345/2016, 467/2016 &530/2016 Page 1 of 20 + CRL.A. 345/2016 RAHIS Through Mr.Gaurav Vashistha, Adv. with Mr.Jagdish Chandra, Adv. ..... Appellant versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through Mr.Tarang Srivastava, APP for State with SI Alok Bajpai, P.S. Kashmere Gate. + CRL.A. 467/2016 AZMAL @ ASLAM STATE ..... Appellant Through Mr.Aditya Guar...
Bijender Sharma vs.anil Sabharwal
Court: Delhi
Decided on: Sep-14-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.REV.P. 388/2017 BIJENDER SHARMA versus ANIL SABHARWAL Reserved on:31. 08.2017 Delivered on:14.09.2017 ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Ms.Suman Chauhan and Mr.Jivesh Tiwari. For the Respondent: Mr.Dilip Pandita. CORAM:-"HONBLE MR JUSTICE ASHUTOSH KUMAR ASHUTOSH KUMAR, J JUDGMENT1 The petitioner has laid challenge to the judgment and order dated 06.10.2016/07.10.2016 passed by the Metropolitan Magistrate, South-01, N.I.Act, Saket Courts, New Delhi in Complaint Case No.117/2014 whereby he has been convicted for the offence under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo SI for a period of eight months, to pay a fine of Rs.50 lakhs payable as compensation to the respondent/complainant and in default of payment of fine to further undergo SI for four months and the judgment in appeal (Crl.Appeal No.54/2016) passed by the learned Crl.Rev.P.38...
Tulsi Tracom Private Limited vs.commissioner of Income Tax – 9
Court: Delhi
Decided on: Sep-14-2017
$~5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA8532015 TULSI TRACOM PRIVATE LIMITED ..... Appellant Through: Mr. C.S. Aggarwal, Senior Advocate with Mr. Prakash Kumar and Ms. Pushpa Sharma, Advocates. versus COMMISSIONER OF INCOME TAX 9 ..... Respondent Through: Mr. Ashok Manchanda, Senior Standing with Mr. Raghvendra Singh and Mr. Anand K. Chaudhari, Advocates. Counsel CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH % ORDER1409.2017 Prathiba M. Singh J., 1. This is an appeal under Section 260 A of the Income Tax Act, 1961 (hereinafter referred to as the Act) impugning order dated 30th July, 2015 passed by the Income Tax Appellate Tribunal (ITAT) Kolkata, Bench-B, Kolkata in ITA No.1905/Kol/2013 for the Assessment Year (AY) 2008- 09.2. On 17th December, 2015, this Court had rejected the preliminary objection raised by the Respondent as regards the maintainability of the appeal on the ITA8532015 Page 1 of 11 ground of lack of territorial jurisdiction. The appeal was admitted ...
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