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Delhi Court January 2018 Judgments

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Jan 31 2018

Ravinder @ Binda vs.state

Court: Delhi

Decided on: Jan-31-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : January 31st, 2018 CRL.A. 1275/2013 RAVINDER @ BINDA Through: Mr.R.M. Chaudhary, Advocates. versus ..... Appellant Tufail, Mr.Farooq Ms.Astha, STATE ..... Respondent Through: Ms.Aashaa Tiwari, Additional Public Prosecutor for the State with Sub-Inspector Jeetendra Singh, Police Station Subhash Place, New Delhi. WITH + CRL.A. 1406/2013 KAMAL SAXENA ..... Appellant Through: Mr.K.Singhal and Ms.Sana, Advocates. versus STATE ..... Respondent Through: Ms.Aashaa Tiwari, Additional Public Prosecutor for the State with Sub-Inspector Jeetendra Crl.A.1275/13,1406/13,204/14&4Page 1of 46 Singh, Police Station Subhash Place, New Delhi. WITH + CRL.A.204/2014 BUNTY Through: Mr.Praveen Advocate. versus ..... Appellant Agrawal, STATE OF NCT OF DELHI & ANR. ..... Respondent Through: Ms.Aashaa Tiwari, Additional Public Prosecutor for the State with Sub-Inspector Jeetendra Singh, Police Station Subhash Place, New Delhi. AND + CRL.A. 415/2014 B...


Jan 31 2018

Pawan Kumar & Ors vs.shanti Devi & Ors.

Court: Delhi

Decided on: Jan-31-2018

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t January, 2018 + CM(M) 1159/2015 and CM APPL.28230/2015 PAWAN KUMAR & ORS ........ Petitioners Through: Mr. Vipin Kumar Saini, Advocate with Mr. Ashok Saini, Advocate versus SHANTI DEVI & ORS. ........ RESPONDENTS Through: Mr. Satish Kumar, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The proceedings at hand arise out of a suit which was instituted by the petitioners on 21.04.1973, Risal son of Lala being the sole defendant, praying for injunction mandatory for removal of malba and prohibitory against any construction in the said plot of land. It is clear from the averments made that the petitioners as plaintiffs were asserting their title to the subject property and Risal, the defendant, resisted the suit, claiming himself to be the owner. The suit was eventually dismissed by the civil judge by judgment dated 30.10.2004, against which decision the appeal (presently registered as RCA No.81/2007) is pending b...


Jan 31 2018

M/S A2vp Distributors Pvt Ltd & Anr. Vs.m/s Konka Group Company Ltd

Court: Delhi

Decided on: Jan-31-2018

$~2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:31. t January, 2018 FAO(OS) 29/2017 & CM Nos.3587, 35020, 35021/2017 M/S KONKA GROUP COMPANY LTD ..... Appellant Through: Mr. Arvind Nayar, Sr. Adv. with Mr. Sushant Kumar, Mr. Arjun Singh and Mr. A. Madhukar, Advs. versus M/S A2VP DISTRIBUTORS & ANR ..... Respondent Through: Mr. Anant Garg with Mr. Avimanniyu Sharma, Advs. + FAO(OS) 66/2017 M/S A2VP DISTRIBUTORS PVT LTD & ANR. .... Appellant Through: Mr. Anant Garg with Mr. Avimanniyu Sharma, Advs. versus M/S KONKA GROUP COMPANY LTD ..... Respondent Through: Mr. Arvind Nayar, Sr. Adv. with Mr. Sushant Kumar, Mr. Arjun Singh and Mr. A. Madhukar, Advs. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 FAO (OS) No.29/2017 has been filed by Ms. Konka Group FAO(OS) Nos.29/2017 & 66/2017 Pg.1 of 4 Company Ltd. under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to...


Jan 31 2018

Rahul Oberoi vs.sheela Oberoi & Ors

Court: Delhi

Decided on: Jan-31-2018

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. t January, 2018 CS(OS) 372/2012, IA No.12070/2017 (u/O VII R-11 (CPC), IA No.2899/2012 (u/O XXXIX R-1&2 CPC) and IA No.2900/2012 (u/O II R-2&3 CPC) RAHUL OBEROI ..... Plaintiff Through: Mr. Sacchin Puri, Sr. Adv. with Mr. Pulkit Malhotra and Mr. Kamil Khan, Advs. Versus SHEELA OBEROI & ORS ..... Defendants Through: Mr. Manav Gupta, Ms. Prabhsahay Kaur and Ms. Esha Dutta, Advs. for D-1,4&5. Mr. N.K. Kantawala and Ms. Akansha Jain, Advs. for D-2&3. Mr. Nitish Chaudhary for Mr. Viraj Datar Adv. for D-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit, (as per amended plaint dated 21st February, 2012 in Part-II file) for the reliefs of (i) declaration that the plaintiff along with the defendants no.2 to 5 is the co-owner of property no.B-30, Defence Colony, New Delhi, with each having 20% undivided share therein; (ii) for cancellation of Arbitral Award dated 23rd March, 1968 and for decla...


Jan 31 2018

Virender Singh & Ors vs.union of India & Ors

Court: Delhi

Decided on: Jan-31-2018

$~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Decided on:31. t January, 2018 CM(M) 809/2016 and CM305662016 and 30568/2016 VIRENDER SINGH & ORS ........ Petitioners Through: Mr. S.K. Rout, Mr. R. Godara and Mr. Aman Mehrotra, Advocates versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Sanjay Kumar Pathak, Mrs. K. Kaomudi Kiran Pahak, Mr. Sunil Kumar Jha and Mr. Kushal Raj Tater, Advs. for R-1 Mr. B.S. Kharb, Adv. for R-2 to 6 + CM(M) 153/2017 and CM50512017 ANNU SINGH & ORS ........ Petitioners Through: Mr. B.R. Kaushik, Advocate versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Sanjay Kumar Pathak, Mrs. K. Kaomudi Kiran Pahak, Mr. Sunil Kumar Jha and Mr. Kushal Raj Tater, Adv. for R-1 Mr. B.S. Kharb, Adv. for R-2 to 6 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The controversy which is subject matter of these two petitions arises out of an award of compensation that was passed in the wake of CM(M) 809/2016 & 153/2017 Page 1 of 4 acquisition of la...


Jan 31 2018

M/S Ram Krishan Associates vs.commissioner of Income Tax

Court: Delhi

Decided on: Jan-31-2018

$~ R-39 to R-41 * IN THE HIGH COURT OF DELHI AT NEW DELHI % ITA7312005 Date of Judgment:31. t January, 2018 M/S RAM KRISHAN ASSOCIATES COMMISSIONER OF INCOME TAX .Through Mr. S. Krishnan, Adv. versus ..... Appellant ..... Respondent Through Mr. Asheesh Jain, Sr. Standing Counsel with Mr. Shahrukh Ejaz, Adv. AND + ITA7322005 + + M/S RAM KRISHAN ASSOCIATES COMMISSIONER OF INCOME TAX Through Mr. S. Krishnan, Adv. versus ..... Appellant ..... Respondent Through Mr. Asheesh Jain, Sr. Standing Counsel with Mr. Shahrukh Ejaz, Adv. + ITA7352005 AND M/S RAM KRISHAN ASSOCIATES COMMISSIONER OF INCOME TAX Through Mr. S. Krishnan, Adv. versus ..... Appellant ..... Respondent Through Mr. Asheesh Jain, Sr. Standing Counsel with Mr. Shahrukh Ejaz, Adv. ITA Nos. 731, 732 and 735 of 2005 Page 1 of 12 CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) The aforestated appeals under Section 260A of Income Tax Act, 1961 (Act for short) filed by M/s Ram Krish...


Jan 30 2018

State Trading Corporation of India Ltd. Vs.govt. Of People’s Republi ...

Court: Delhi

Decided on: Jan-30-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) No.805/1996 + % STATE TRADING CORPORATION OF INDIA LTD. 30th January, 2018 ..... Plaintiff Through: Mr. Adarsh B. Dial, Sr. Adv. with Ms. Sumati Anand, Advocate. versus GOVT. OF PEOPLES REPUBLIC OF BANGLADESH & ORS. ..... Defendants Through: Mr. Jai Bansal, Advocate for D- CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA2 To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. Plaintiff/State Trading Corporation of India Ltd. has filed this suit for recovery of USD18,68,572 equivalent to Rs.6,35,31,549.22 against defendant nos.2 to 4. There were other reliefs claimed of detention of a ship belonging to defendant nos. 3 and 4 or for defendant no.3 to restore to the plaintiff 6500 MT and 524 MT of Non Basmati Par Boiled Rice but such reliefs are now not CS(OS) No.805/1996 Page 1 of 9 pressed on behalf of the plaintiff. The only relief which is pressed is for recovery of money as against defendant nos. 2 to 4.2. Defendant no.1 in the ...


Jan 30 2018

Anil Jindal vs.state (Nct) of Delhi & Ors

Court: Delhi

Decided on: Jan-30-2018

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : JANUARY30 2018 + CRL.REV.P. 200/2016 ANIL JINDAL ........ Petitioner Through : Mr.Harsh Prabhakar, Advocate. versus STATE (NCT) OF DELHI & ORS ........ RESPONDENTS Through : Mr.Tarang Srivastava, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) 1. Present revision petition has been preferred by the petitioner-Anil Jindal to challenge the legality and correctness of an order dated 11.01.2016 of Juvenile Justice Board-II whereby copy of the charge- sheet in case FIR No.518/2015 registered at Police Station Chhawala was not provided to him. The revision petition is contested by the respondents.2. I have heard the learned counsel for the parties and have examined the file. The petitioner is the complainant; the FIR was lodged on his complaint on 23.08.2015 when he reported that his son was kidnapped by respondent No.2 and was not traceable. Shortly after Crl.Rev.P.200/2016 Page 1 of 5 the registration of the FIR, body o...


Jan 30 2018

Birjesh Kumar and Ors vs.p.k. Gupta and Ors

Court: Delhi

Decided on: Jan-30-2018

$~18. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 843/2018 and CM APPL. 3592-3594/2018 1. BIRJESH KUMAR AND ORS Through: Mr. Anand Nandan, Advocate ........ Petitioners versus P.K. GUPTA AND ORS ........ RESPONDENTS Through: None CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % The petitioners are aggrieved by an order dated 20.01.2017 passed by ORDER3001.2018 the Tribunal in a contempt petition filed by them arising out of O.A. No.4088/2012, that was disposed of by recording the statement of the counsel for the respondents/NrDMC that out of six petitioners, the services of three petitioners, namely, petitioners No.2, 4 and 6 were continued on a contract basis and in respect of the remaining three petitioners No.1, 3 and 5, the respondents had expressed their readiness and willingness to engage them on contract basis, if they would approach the authorities for issuance of such a contract. While recording the aforesaid statement made by the counsel for the...


Jan 30 2018

Naresh Chandra Rastogi and Ors. Vs.govt. Of Nct of Delhi and Anr.

Court: Delhi

Decided on: Jan-30-2018

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment :30. h January, 2018 + W.P.(C) 5706/2017 NARESH CHANDRA RASTOGI AND ORS. ........ Petitioners Through: Mr. Anuj Aggarwal, Advocate. versus GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Sunil Goel, Ms. Supreet Bindra and Mr.Mayank Goel, Advocates for UOI. Mr. Sanjay Kumar Pathak, Mrs.K. Kaumudi Kiran Pathak, Mr. Sunil Kumar Jha and Mr. Kushal Raj Tater, Advocates for LAC/L&B. Ms. Abha Malhotra and Mr. Tanuj Chopra, Advocates for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G. S. SISTANI, J.(ORAL) 1. Present writ petition has been filed under Article 226 of the Constitution of India seeking a declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra No.31(2 Bighas 19 Biswas) and 331 min (2 Bighas 14 Biswas), situated in the revenue estate of Village Khanupr, Tehsil Mehrauli, New Delhi (hereinafter referred to as Subje...


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