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Delhi Court January 2019 Judgments

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Jan 28 2019 (HC)

Ekant Baruta @ Vikas Baruta vs.rakesh Baruta & Ors.

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h January, 2019 CS(OS) 172/2018, IA No.15807/2018 (u/O XII R-6 CPC) & IA No.5249/2018 (u/O XXXIX R-1&2 CPC). EKANT BARUTA @ VIKAS BARUTA Through: Mr. Rahul Bhardwaj, Adv. ..... Plaintiff RAKESH BARUTA & ORS. ..... Defendants Through: Mr. Kunal Madan, Mr. Manu Bakshi, versus Mr. Shyam Basu, Advs. for D-1. Mr. Kewin Kunjappy, Adv. for D-3 & 4. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 The plaintiff has instituted this suit for partition of property no.S-3B, Janta Market, Rajouri Garden, New Delhi 110 027 claiming the plaintiff and the four defendants to be having 1/5th undivided share therein under the deed of purchase of the subject property in favour of the plaintiff and the four defendants.2. The suit was entertained and summons thereof ordered to be issued and pleadings have been completed.3. None has been appearing for the defendant no.2. The order dated 24th July, 2018 records that all the four defendants had ...

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Jan 28 2019 (HC)

Mukesh Aggarwal vs.the State (Nct of Delhi) & Ors.

Court: Delhi

$~10 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h January, 2019 CRL. M.C. 818/2016 MUKESH AGGARWAL ........ Petitioner Through: Mr. Rajiv Ranjan Prasad proxy for Mr. R.S. Mann, Adv. versus THE STATE (NCT OF DELHI) & ORS. ....... RESPONDENTS Through: Mr. Sanjeev Sabharwal, APP + for the State. None for R-2 to 4. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The petitioner had instituted a criminal complaint case (CC No.1049/2013) against the second to fourth respondents herein alleging offence under Section 138 of Negotiable Instruments Act, 1881 having been committed by them on account of non-payment inspite of notice of demand sent in the wake of dishonor of cheque bearing No.539333 dated 18.09.2013 drawn on Axis Bank Ltd. in the sum of Rs. 54,32,500/- statedly issued by them in his favour against the account of the second respondent (company accused), the other respondents statedly being directors incharge of and responsible for conduct of its business. The Metropo...

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Jan 28 2019 (HC)

Gopal Singh Bisht vs.central Bureau of Investigation

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Crl.M.C.No.684/2018 and Crl.M.A. No.2453/2018 Judgment reserved on:29. 05.2018 Date of decision :28. 01.2019 GOPAL SINGH BISHT ........ Petitioner Through: Mr. M.N. Dudeja, Advocate versus CENTRAL BUREAU OF INVESTIGATION..... Respondent Through: Mr. Sanjeev Bhandari, SPP with Mr.Prateek Kumar, Advocate. CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. The petitioner Gopal Singh Bisht S/o Inder Singh Bisht arrayed as accused A-10, in the charge sheet filed by the respondents to the present petition i.e., the Central Bureau of Investigation, Special Crime Region-III, New Delhi, in Charge-sheet No.13 dated 25.8.2008 in relation to the FIR No.RC- 12(S)/2006/SCR-III, New Delhi for the alleged commission of offences punishable under Sections 120-B r/w 420, 468 & 471 IPC r/w Section 13(2) r/w 13(1)(d) of PC Act, 1988 and substantive offences under Section 13(2) r/w 13(1)(d) of PC Act, 1988 (as it then existed) and who vide order d...

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Jan 28 2019 (HC)

Singhania and Partners vs.wae Corp India Private Limited & Ors.

Court: Delhi

* + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 28, 2019 CRL.M.C. 433/2019, Crl.M.A. 1886/2019 SINGHANIA AND PARTNERS ........ Petitioner Through: Mr. Vivek Goel and Mr. Kunal Dutta, Advocates Versus WAE CORP INDIA PRIVATE LIMITED & ORS. ...Respondents Through: Nemo. CRL.M.C. 439/2019, Crl.M.A. 1899/2019 SINGHANIA AND PARTNERS ........ Petitioner Through: Mr. Vivek Goel and Mr. Kunal Dutta, Advocates Versus WACORP HYUNDAI INDIA LIMITED & ORS. .....Respondents Through: Nemo. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) In the above captioned two petitions, the challenge is to order of 14th December, 2018 vide which, trial court in CC No.645/2017 and 646/2017 has issued fresh summons to the accused in proceedings under Section 138 of Negotiable Instruments Act, 1881. CRL. M.C. 433/2019 & CRL.M.C. 439/2019 Page 1 of 2 Notice of these petitions to opposite side is dispensed with, as the opposite side has not been served before trial court in pursuance to impugned...

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Jan 28 2019 (HC)

The State Trading Corporation of India Ltd vs.m/s j.k. International P ...

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :1. t October, 2018 Date of decision :28. h January, 2019 O.M.P. 2/2014 & I.A. 671/2017 THE STATE TRADING CORPORATION OF INDIA LTD Through: Mr. Sandeep Sethi, Senior Advocate with Mr. Ram K. Watal, Advocate (M-98100316961). ........ Petitioner M/S J.K. INTERNATIONAL PTY LTD & ANR ........ RESPONDENTS versus Through: Mr. Sudhir Nandrajog, Senior Advocate with Mr. Sanjay Bansal & Mr. Ajay Chaudhary, Advocates (M- 9811079974). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 O.M.P. 2/2014 is filed by the State Trading Corporation of India Ltd. (hereinafter, STC) under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the Act) challenging the award dated 3rd September, 2013 passed by a three-member Arbitral Tribunal by a 2:1 majority. O.M.P.(ENF.)(COMM.) 45/2018 has been filed by M/s J.K. International Pty. Ltd., Australia (hereinafter, seller) seeking enforcement of the said award.2. The subject ...

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Jan 28 2019 (HC)

Chandra Shekhar & Ors. Vs.the State of Nct of Delhi & Ors.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 28, 2019 CRL.M.C. 421/2019, Crl.M.A. 1841/2019 CHANDRA SHEKHAR & ORS .....Petitioners Through: Mr. A.K. Bali, Advocate Versus THE STATE OF NCT OF DELHI & ORS .....Respondents Through: Mr. M.P. Singh, Additional Public Prosecutor for State with SI Amit Kumar... RESPONDENTS No.2 to 4 in person + CRL.M.C. 422/2019, Crl.M.A. 1844/2019 RAM CHARAN & ORS .....Petitioners THE STATE OF NCT OF DELHI & ORS Through: Mr. A.K. Bali, Advocate Versus .....Respondents Through: Mr. M.S. Oberoi, Additional Public Prosecutor for State with SI Amit Kumar... RESPONDENTS No.2 & 3 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) In the above captioned first petition, quashing of FIR No.832/2014, under Sections 323/341/5of IPC, is sought on the basis of affidavits of respondents/complainant party, whereas the above captioned second petition, quashing of FIR No.828/2014, under Sections 308/3of IPC, both registered at police station K...

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Jan 28 2019 (HC)

Diwan Singh vs.the State & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 28, 2019 CRL.M.C. 3974/2017, CRL. M.A. 16039/2017 DIWAN SINGH ........ Petitioner Through: Mr.S.C. Buttan, Advocate versus THE STATE & ANR. .....Respondents Through: Ms.Neelam Sharma, APP for State. Mr.N.P. Gaur, Adv. with Sh. Vijay Gothwal, Sr. Manager, Andhra Bank for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) of of 2006, under 540 FIR Quashing Sections 120B/419/420/448/467/471/468 IPC, registered at Police Station Krishna Nagar, Delhi is sought on the basis of statement (Annexure-B) made by the then Dy. General Manager of respondent bank on 22nd July, 2017. for Learned Additional Public Prosecutor respondent-State submits that Mr.Vijay Gothwal, Sr. Manager of respondent bank is present in the Court as Authorized Representative of the complainant bank. Learned Additional Public Prosecutor for respondent-State further submits that the allegations of forgery etc. are not against petitioner but ag...

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Jan 28 2019 (HC)

Monopoly Carriers & Cargo Pvt Ltd vs.union of India and Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:28. 01.2019 + W.P.(C) 1871/2017& C.M. No.8317/2017 MONOPOLY CARRIERS & CARGO PVT LTD ........ Petitioner versus UNION OF INDIA AND ORS Advocates who appeared in this case: ........ RESPONDENTS For the... Petitioner For the... RESPONDENTS :Mr Ashish Mohan, Mr Akshit Mago. :Mr Jagjit Singh, Mr Ashok Singh, Mr Preet Singh, Mr Vitin Chaudhary, Advocates for Railways. CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J JUDGMENT1 The petitioner has filed the present petition impugning an order dated 30.06.2016 passed by respondent no.2 (Chief Commercial Manager CMM), Northern Railways rejecting the petitioners appeal against an order dated 18.01.2016 passed by respondent no.3 (Senior Divisional Commercial Manager/Freight, Northern Railways, Delhi Division). By the order dated 18.01.2016, respondent no.3 had initiated the following action against the petitioner:-"1. Termination of all existing contracts running over Delhi Divis...

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Jan 28 2019 (HC)

j.k. International Pty Ltd vs.the State Trading Corporation of India L ...

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :1. t October, 2018 Date of decision :28th January, 2019 OMP (ENF.) (COMM.) 45/2018 J.K. INTERNATIONAL PTY LTD Through: Mr. ........ Petitioner Sudhir Nandrajog, Senior Advocate with Mr. Sanjay Bansal & Mr. Ajay Chaudhary, Advocates versus THE STATE TRADING CORPORATION OF INDIA LTD. ..... Respondent Through: Mr. Sandeep Sethi, Senior Advocate with Mr. Ram K. Watal, Advocate (M-98100316961). CORAM: JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.1. The present petition has been filed seeking enforcement of the award dated 3rd September, 2013, passed by a three-member arbitral tribunal by a 2:1 majority.2. O.M.P. 2/2014 is filed by the State Trading Corporation of India Ltd. (hereinafter, STC) under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the Act) challenging the award dated 3rd September, 2013 passed by a three member Arbitral Tribunal by a 2:1 majority. The majority award has been upheld wi...

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Jan 28 2019 (HC)

Intec Corporation vs.principal Commissioner of Income Tax -11, New Del ...

Court: Delhi

$~42 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:28. h January, 2019. ITA722019 & CM Appl. 3927-28/2019 INTEC CORPORATION ..... Appellant Through: Mr. Bharat Beriwal, Adv. versus PRINCIPAL COMMISSIONER OF INCOME TAX -11, NEW DELHI ........ RESPONDENTS Through: Mr. Ashok Kumar Manchanda, Sr. Std. Counsel. CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN S. RAVINDRA BHAT, J.(OPEN COURT) % 1. The assessee appeals a decision of the Income Tax Appellate Tribunal (ITAT), for Assessment Year 2008-2009. Its claim for benefit of deduction under Section 80-IC of the Income Tax Act [hereafter referred to as the Act]. was disallowed by the AO. The Appellate Commissioner, however, set aside the disallowance and granted the benefit. The ITAT by the impugned order reversed the Commissioners decision. In the return of income for Assessment Year 2008-09, which was subject to scrutiny, the assessee declared 1,62,82,400/-. It claimed deduction of 3,13,09,690/- from i...

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