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Delhi Court February 2019 Judgments

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Feb 25 2019 (HC)

Atul Beri & Ors. Vs.state & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 25, 2019 CRL.M.C. 1066/2019 & Crl.M.A. 4242/2019 ATUL BERI & ORS. ........ Petitioners Through: Mr. R.G.Bhasin, Advocate Versus STATE & ANR. Through: Mr. Izhar Ahmed, Additional ........ RESPONDENTS Public Prosecutor for respondent No.1-State with ASI Praveen Kumar Mr. Vijay Kumar, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.285/2012, under Sections 498-A/4of IPC, registered at police station Moti Nagar, Delhi is sought on the basis of mediated settlement of 29th January, 2018 (Annexure P-2). Upon notice, learned Additional Public Prosecutor for respondent No.1-State submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so, by ASI Praveen Kumar on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that the dispute between the par...

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Feb 25 2019 (HC)

Arup Chatterjjee vs.state & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 25, 2019 + + + CRL.M.C. 1967/2017 and CRL.M.As. 8099/2017 & 17607/2017 CRL.M.C. 2429/2017 and CRL.M.As. 9834-9835/2017 & CRL.M.A. 1234/2018 CRL.M.C. 2430/2017 and CRL.M.As. 9836-9837/2017 & CRL.M.A. 1237/2018 NARENDRA BANSAL ARUP CHATTERJJEE KARMVEER Through: Mr. Dayan Krishnan, Senior Advocate with Mr. Hemant Shah, Advocate .....Petitioners Versus STATE & ANR ........ RESPONDENTS Through: Ms. Neelam Sharma, Additional Public Prosecutor for State Mr. Vikas Pahwa, Senior Advocate with Mr. Sumer Singh Boparai and Mr. Shadman A. Siddiqui for Respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) The question posed in these petitions is whether the revisional court while setting aside order dismissing application under Section 156(3) of Cr.P.C., can remand the matter back to trial court without hearing the accused/suspect. With the consent of learned Senior Counsel for the parties, the above captioned three petit...

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Feb 25 2019 (HC)

K L Bajaj vs.state (Govt of Nct of Delhi) & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 25, 2019 + + + + + + + CRL.M.C. 3734/2018 and CRL.M.A. 28743/2018 CRL.M.C. 3735/2018 and CRL.M.A. 28747/2018 CRL.M.C. 3736/2018 and CRL.M.A. 28750/2018 CRL.M.C. 3737/2018 and CRL.M.A. 28753/2018 CRL.M.C. 3738/2018 and CRL.M.A. 28756/2018 CRL.M.C. 3739/2018 and CRL.M.A. 28759/2018 CRL.M.C. 3765/2018 and CRL.M.A. 28838/2018 SUDHIR CHADHA NARENDER SINGH SUDESH JAIN RAJAT JAIN K L BAJAJ ANIL KUMAR SHARMA JASVEEN KAUR .....Petitioners Through: Mr. Ravinder Kr. Yadav and Mr. Vinayak Sharma, Advocates Versus STATE (GOVT OF NCT OF DELHI) & ANR. GOVT OF NCT OF DELHI & ANR. STATE & ANR ........ RESPONDENTS Through: Ms. Neelam Sharma, Additional Public Prosecutor for State Mr. Sachin Datta, Senior Advocate with Mr. Deeptanshu Jain, and Mr. Arpit Dewidi, Advocates for Respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR CRL.M.C. 1967/2017 and connected matters Page 1 of 4 ORDER (ORAL) In the above captioned seven petitions, challen...

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Feb 25 2019 (HC)

Dilshad Khan vs.state

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 25, 2019 + BAIL APPLN. 2350/2018 DILSHAD KHAN ........ Petitioner Through: Mr. Sunil K.Mittal, Mr. Anshul Mittal and Mr. Sushant Bali, Advocates Versus STATE ..... Respondent Through: Mr. M.P. Singh, Additional Public CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Prosecutor ORDER... Petitioner seeks pre-arrest bail in FIR No.274/18, under Sectionsof Prevention of Children from Sexual Offences Act, 2012 (hereinafter referred to as POCSO Act) and under Sections 370/373/211/182/120-B of IPC, registered at police station Burari, Delhi while claiming to be innocent. Learned counsel for petitioner submits that there are two contradictory statements of prosecutrix i.e. one on the basis of which FIR of this case has been recorded and another one recorded under Section 164 Cr.P.C., which makes the prosecution case unreliable, as petitioner has never interacted with Sabreen or Rubina. It is pointed out that as per the call detail record (...

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Feb 25 2019 (HC)

Om Prakash Chauhan (Since Deceased) Thr Lrs vs.union of India & Ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:25. h February, 2019 + LPA2192017, CM No.12739/2017 OM PRAKASH CHAUHAN (SINCE DECEASED) THR LRS Through: Mr. Kirti Uppal, Sr. Adv. with Mr. M. Amanullah, Ms. Shabeena Anjum and Mr. M.B. Tariq, Advs. ..... Appellant versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Arjun Pant, Adv. for DDA Mr. Yeeshu Jain, SC for L&B/GNCTD with Mr. Biraja Mahpatra & Ms. Jyoti Tyagi, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) 1. This Intra-Court Appeal has been filed by the appellants, the legal heirs of Om Prakash Chauhan, the writ petitioner before the learned Single Judge. The challenge in the writ petition was to a letter dated 11th October 1998 and subsequent communication dated 22nd April, 2004.2. Suffice it to state that vide the communication dated 11th October, 1998, the request of the appellant for alternate allotment of plot was rejected and vide the second communi...

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Feb 25 2019 (HC)

Pr Commissioner of Income Tax-6 New Delhi vs.n.r. Portfolio Pvt. Ltd.

Court: Delhi

+ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :14. 02.2019 Pronounced on :25. 02.2019 W.P.(C) 10846/2016 PR COMMISSIONER OF INCOME TAX-6 NEW DELHI ........ Petitioner Through : Mr. Asheesh Jain, Sr. Standing Counsel with Mr. Sanjay Kumar, Jr. Standing Counsel along with Mr. Dushyant Sarna, Adv. for ITD. versus N.R. PORTFOLIO PVT. LTD. Through : ..... Respondent Mr. Rakesh Gupta, Mr. Rohit Kumar Gupta and Ms. Monika Ghai, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN S. RAVINDRA BHAT, J.1. The Commissioner of Income tax (hereafter the Revenue) challenges an order dated 20.5.2016 (in M.A No.340/Del/2015 in ITA No.2177/Del/2010 passed by the Income Tax Appellate Tribunal, Delhi Bench New Delhi. By that order, ITAT rejected the Revenues request to rectify its earlier order dated 26th March 2015 passed in M.A No.205/Del/2014 in ITA No.2177/Del/2010, whereby it had rectified its earlier Order dated 22.07.2011 (passed in ITA No.2177/Del/2010, ...

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Feb 25 2019 (HC)

Dr. H. D. Rikhadi vs.union of India & Anr

Court: Delhi

$~57 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision :25. 02.2019 W.P.(C) 1946/2019 DR. H. D. RIKHADI Through: Ms.Prabha Shrma, Adv. ........ Petitioner versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Mr. Amit Mahajan, CGSC with Mr.Randeep Sachdeva, Mr. Olson Nair and Mr. Dhruv Pande, Advs. for R-1. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE A.K.CHAWLA VIPIN SANGHI, J.(ORAL) C.M. No.9073/2019 Exemption allowed, subject to just exceptions. W.P.(C) 1946/2019 The petitioner assails the order dated 16.01.2019 passed by the 1. Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal). The petitioner's claim is that his pension be re-fixed and he be paid arrears of pension for the period 11.01.2016 to 31.12.2017 and other consequential reliefs, which had been rejected by the Tribunal. The petitioner retired from W.P.(C) 1946/2019 Page 1 of 8 the post of Assistant Secretary on 31.01.2012. At the time of retirement, his pay was Rs.29810 wi...

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Feb 25 2019 (HC)

Super Cassettes Industries Ltd. Vs.m/s Shreya Broadcasting Pvt. Ltd

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:26. h July, 2017 Decided on:25. h February, 2019 CS (OS) 1372/2009 SUPER CASSETTES INDUSTRIES LTD. ..... Plaintiff Through: Mr. Pravin Anand, Ms. Prachi Aggarwal and Ms. Mrinali Menon, Advs. versus M/S SHREYA BROADCASTING PVT. LTD. ..... Defendants Through: Mr. Yoginder Handoo and Mr. Nikhil Bhat, Advs. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA1 Plaintiff filed the present suit inter alia seeking a decree of permanent injunction restraining the defendants, their officers, servants, agents and representatives from recording, distributing, broadcasting or otherwise publishing or in any other way exploiting any films, sound recordings, music, lyrics, in the plaintiffs repertoire or doing any other act that would lead to infringement of Plaintiffs copyright; an order for rendition of accounts and delivery of the infringing articles, damages and costs.2. In the suit the plaintiff pleaded that it was established as a private limited comp...

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Feb 25 2019 (HC)

Atul Aswal & Ors. Vs.state & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1068/2019 Date of Order: February 25, 2019 ATUL ASWAL & ORS. ........ Petitioners Through: Mr. Nikhil Karwal & Ms. Ankita Gandhi, Advocates Versus STATE & ANR. Through: Mr. Izhar Ahmed, Additional ........ RESPONDENTS Public Prosecutor for respondent- State with ASI Yashpal Singh Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.74/2014, under Sections 498A/4IPC, registered at Crime Against Women Cell, Nanakpura, New Delhi is sought on the basis of mediated settlement of 13th October, 2016 reached between the parties. Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondent No.2, present in the Court is the complainant/first informant of FIR in question and she has been identified to be so, by ASI Yashpal Singh on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that the dispute between the parties has been ...

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Feb 25 2019 (HC)

Rajat Jain vs.state (Govt of Nct of Delhi) & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 25, 2019 + + + + + + + CRL.M.C. 3734/2018 and CRL.M.A. 28743/2018 CRL.M.C. 3735/2018 and CRL.M.A. 28747/2018 CRL.M.C. 3736/2018 and CRL.M.A. 28750/2018 CRL.M.C. 3737/2018 and CRL.M.A. 28753/2018 CRL.M.C. 3738/2018 and CRL.M.A. 28756/2018 CRL.M.C. 3739/2018 and CRL.M.A. 28759/2018 CRL.M.C. 3765/2018 and CRL.M.A. 28838/2018 SUDHIR CHADHA NARENDER SINGH SUDESH JAIN RAJAT JAIN K L BAJAJ ANIL KUMAR SHARMA JASVEEN KAUR .....Petitioners Through: Mr. Ravinder Kr. Yadav and Mr. Vinayak Sharma, Advocates Versus STATE (GOVT OF NCT OF DELHI) & ANR. GOVT OF NCT OF DELHI & ANR. STATE & ANR ........ RESPONDENTS Through: Ms. Neelam Sharma, Additional Public Prosecutor for State Mr. Sachin Datta, Senior Advocate with Mr. Deeptanshu Jain, and Mr. Arpit Dewidi, Advocates for Respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR CRL.M.C. 1967/2017 and connected matters Page 1 of 4 ORDER (ORAL) In the above captioned seven petitions, challen...

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