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Delhi Court January 2019 Judgments

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Jan 17 2019 (HC)

Shri Gian Chand vs.govt. Of Nct of Delhi & Ors.

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. 01.2019 % W.P.(C.) No.9897/2016 & CM APPL. 39377/2016 SHRI GIAN CHAND ........ Petitioner Through: Mr. T.P. Singh, Adv. versus GOVT. OF NCT OF DELHI & ORS. .....Respondents Through: Ms. Rashmi Chopra and Ms. Asiya, Advs. Mr. Anil Soni, Standing Counsel, AICTE with Mr. Abhinav Tyagi, Adv. for R-4. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K.CHAWLA A.K.CHAWLA, J.(ORAL) 1.... Petitioner is aggrieved of the order dated 29.02.2016 passed by the Central Administrative Tribunal, Principal Bench in short 'CAT', whereby, an OA filed by the petitioner, in effect, seeking directions to the respondents to grant him pay scale of `3700-5700 (revised `12000-18000) with consequential benefits, came to be dismissed.2. Concisely, the relevant facts are that the petitioner, on selection, was appointed as Workshop Superintendent with the respondent Nos. 2 and 3 on W.P.(C.) No.9897/2016 Page 1 of 7 for issued guidelines...

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Jan 17 2019 (HC)

State vs.ram Niwas

Court: Delhi

$~15 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CRL. A9632018 Judgment reserved on 26th November, 2018 Judgment pronounced on 17th January, 2019 STATE Through : Ms. Radhika Kolluru, APP for state. ....Appellant Versus ....Respondent RAM NIWAS Through: Mr. B. Badrinath, Advocate. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.1. This is a Criminal Appeal under Section 378 (1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') filed against the judgment dated 09.02.2018 passed by learned Additional Sessions Judge, Patiala House Court, New Delhi in Sessions Case No.9001/2016 arising out of case FIR No.129/2014 registered at Police Station - Sagar Pur whereby the accused was acquitted of the charge under Section 307 of Indian Penal Code (hereinafter referred to as IPC).2. Before the rival submissions of learned counsel for the parties are considered, we deem it appropriate to reproduce the brie...

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Jan 17 2019 (HC)

Ram vs.the State of Nct of Delhi

Court: Delhi

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + BAIL APPLN. 1665/2017 Judgment delivered on:17. 01.2019 RAM ........ Petitioner ..... Respondent versus THE STATE OF NCT OF DELHI Advocates who appeared in this case: For the... Petitioner : For the Respondent CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Ms. Meenakshi Dahiya, APP for the State. ASI Amrit Kumar, PS Inder Puri. Mr. Ranjan Roy, Advocate for the complainant. Mr. Ajit Nair with Ms. Ruchika, Advocates. : JUDGMENT1701.2019 SANJEEV SACHDEVA, J.(ORAL) Crl.M.A.13681/2017 (exemption) Exemption is allowed subject to all just exceptions. BAIL APPLN. 1665/2017 & Crl.M.(Bail) 1547/2017 (for interim bail) 1.... Petitioner seeks anticipatory bail in FIR No.121/2017 under Sections 3IPC, Police Station Inderpuri. During investigation BAIL APPLN.1665/2017 Page 1 of 3 Section 323 IPC has been added.2. Allegations in the FIR are that a quarrel had taken place between the complainants friends and relatives as well as the petitioner and his asso...

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Jan 17 2019 (HC)

Orchid Infrastructure Developers Pvt. Ltd vs.union of India & Ors.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) 10313/2016 Reserved on:30. h November, 2018 Pronounced on:17. h January , 2019 ORCHID INFRASTRUCTURE DEVELOPERS PVT. LTD ......... Petitioner Through: Mr.Sameer Rohtagi with Mr.Akshit Pradhan, Advocates Versus UNION OF INDIA & ORS. ..... Respondent Through: Mr.Ruchir Bhatia, Advocate for the Revenue WP(C)12151/2016 AJAY KUMAR GUPTA & ORS. ......... Petitioner Through: Mr.Sameer Rohtagi with Mr.Akshit Pradhan, Advocates Versus UNION OF INDIA & ORS. ..... Respondent Through: Mr.Kavindra respondent No.1 - UOI Mr.Zoheb Hossain, Sr. St. Counsel & Mr.Piyush Goyal, Advocate for Revenue Adv. Gill, for % CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI SANJIV KHANNA, J.WP(C)10313 & 12151/2016 Page 1 of 24 The aforecaptioned writ petitions raise a common issue of liability of the petitioners to pay interest under sub-section (2A) to Section 234B of the Income-Tax Act, 1961 (Act for short) and hence, we deem it...

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Jan 17 2019 (HC)

In Re: Chief Controlling Revenue Authority Vs..

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. h January, 2019 * % + In Re: CHIEF CONTROLLING REVENUE AUTHORITY ....... Petitioner the J.M. Kalia, Advs. O. REF. No.2/2016 Through: Mr. for petitioner. Mr. Rajeev K. Virmani, Sr. Adv. (Amicus Curiae). CORAM:-"HONBLE MR. JUSTICE SANJIV KHANNA HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW HONBLE MR. JUSTICE JAYANT NATH RAJIV SAHAI ENDLAW, J.1. The Chief Controlling Revenue Authority (CCRA), Government of National Capital Territory of Delhi (GNCTD) has made this Reference under Section 57 of the Stamp Act, 1899 seeking a decision on the following issue: Whether the notification no.13 of 25-12-1937 extending benefit of remission in stamp duty in case of subsidiary companies as applicable in the then province of Delhi has any continuous validity and applicability in view of notification No.GSR894dated 30-09-1958 by which the central government extended the Indian Stamp (Punjab Amendment) Act, 1958 replacing the previous and then prevalen...

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Jan 17 2019 (HC)

Ankit Tripathi & Ors. Vs.the State (Govt. Of Nct of Delhi) & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 17, 2019 CRL.M.C. 223/2019 ANKIT TRIPATHI & ORS .....Petitioners Through: Ms. Anupriya Yadav, Advocate versus THE STATE ( GOVT OF NCT OF DELHI ) & ANR .....Respondents Through: Mr. M.P. Singh, Additional Public Prosecutor for respondent-State with ASI Shajudeen Mr. Rohit Gupta, Advocate for Ms. Neelam Pandey, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Crl.M.A. 944/2019 (Exemption) Allowed subject to all just exceptions. Crl.M.C. 223/2019 Quashing of FIR No.435/2014, under Sections 498-A/4of IPC, registered at police station New Ashok Nagar, Delhi is sought on the basis of affidavit of 10th January, 2019 and on the ground that disputes which led to registration of the FIR in question now stands settled between the parties. Upon notice, Mr. M.P.Singh, learned Additional Public Prosecutor CRL.M.C. 223/2019 Page 1 of 4 for respondent-State submits that respondent No.2, present...

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Jan 17 2019 (HC)

Forum of Retired Ips Officers (Foripso) vs.union of India and Another

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.1222/2015 Reserved on :16. h August, 2018 Date of decision:17. h January, 2019 FORUM OF RETIRED IPS OFFICERS (FORIPSO) ........ Petitioner Through Dr. Ashok Dhamija and Mr. Alabhya Dhamija, Advocates. versus UNION OF INDIA AND ANOTHER ........ RESPONDENTS Through Dr. Ashwini Bhardwaj, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.: The petitioner, Forum of Retired Indian Police Service (IPS) Officers, is a Non-Government Origination and a non-political forum based, established and registered as a society under the provisions of Societies Registration Act, 1860. Members of the petitioner society are primarily retired Indian police officers including senior citizens aged ninety years or more.... Petitioner society, it is stated, is primarily engaged in welfare and getting justice to pensioners.2. The petitioner vide the present Writ Petition under Article 226 of ...

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Jan 17 2019 (HC)

Rajan Bhatia vs.central Board of Direct Taxes & Anr.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION CIVIL) No.4089/2017 Reserved on:15. h November, 2018 Date of decision:17. h January, 2019 RAJAN BHATIA ........ Petitioner In person. versus CENTRAL BOARD OF DIRECT TAXES & ANR. ....... RESPONDENTS Through: Mr. Zoheb Hossain, Sr. Standing Counsel with Mr. Piyush Goyal, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI SANJIV KHANNA, J.: Rajan Bhatia, who appears in person, has filed the present writ petition for issue of writ or any appropriate order or direction for quashing the proviso to Section 10(34) of the Income Tax Act, 1961 ('Act' for short) read and along-with with the provisions of Section 115BBDA of the Act. Another prayer made in the writ petition is for staying operation of the aforesaid provisions generally and in particular in relation to the Assessment Year 2017-2018. It is submitted that the provisions under challenge are arbitrary, ultra vires and violative of Arti...

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Jan 17 2019 (HC)

Knr-Patel (Jv) vs.national Highways Authority of India

Court: Delhi

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. 1.2019 + EX.P. 310/2015 KNR-PATEL (JV) ..... Decree Holder Through Dr. Amit George, Mr. Rishabh Dheer, Mr. Swaroop George and Ms. Rajsree Ajay, Advs. versus NATIONAL HIGHWAYS AUTHORITY OF INDIA Through Mr. Manish K. Bishnoi and Mr.Archit ..... Judgement Debtor Kumar, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) Ex. Appl. (OS) No.422/2018 1 This is an application moved in a disposed of Execution Petition. 2 The record shows that the matter was carried right up to the Supreme Court. 2.1 NHAIs Special Leave Petition, after being admitted, was allowed to a limited extent. The relief granted by the Supreme Court, vide its final order dated 03.03.2017, which, in fact, confirmed its interim order date 27.11.2015 was to the effect that interest would be paid by NHAI at the rate of 12% per annum. 2.2 There is no dispute amongst the counsel for the parties that interest at the rate of 12% per annum on ...

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Jan 17 2019 (HC)

Mool Chand vs.union of India & Ors.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:10. h January, 2019 Decided on:17. h January, 2019 + W.P.(C) 4528/2015 ........ Petitioner Through: Mr. Sumit Bansal, Ms. Sumi Anand and Ms. Vishnushree Dalmia, Advocates MOOL CHAND UNION OF INDIA & ORS. versus ........ RESPONDENTS Through: Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for LAC/L&B. Mr. Dhruv Tamta, Advocate for R-3. Mr. Dev. P.Bhardwaj, CGSC for UOI. CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA JUDGMENT Dr. S. Muralidhar, J.:1. The prayers in the present petition read as under: thereby declaring a. pass a writ, order or direction in the nature of a writ of declaration the acquisition proceedings initiated in respect of the land of petitioner bearing Property No.214 forming part of Khasra no.580 admeasuring 550 sq. yds. In Village Karkardooma, Delhi as deemed to have lapsed in view of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,...

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