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Delhi Court February 2019 Judgments

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Feb 15 2019 (HC)

Laxman Gupta vs.state

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 886/2018 Reserved on :17. 01.2019 Date of Decision:15. 02.2019 IN THE MATTER OF: LAXMAN GUPTA ..... Appellant Through : Ms.Rakhi Dubey, Advocate. versus STATE ..... Respondent Through : Ms.Aashaa Tiwari, APP for the State. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE MANOJ KUMAR OHRI MANOJ KUMAR OHRI, J.1. The present appeal arises out of the judgment on the conviction dated 07.04.2018 and order on sentence dated 27.04.2018 in Sessions Case No.45056/2015 arising out of FIR No.288/2015, under Sections 302/498A IPC, P.S. Khajuri Khas.2. The appellant has been convicted under Section 302 and has been sentenced to undergo rigorous imprisonment for life and to pay fine of Rs.5000/- in default of which he has been directed to undergo R.I. for one year.3. So far as Section 498A IPC is concerned, the appellant was acquitted. Besides Section 302 IPC, an alternate charge under Section 304B IPC was also framed against the appellant, ho...

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Feb 15 2019 (HC)

State Govt of Nct of Delhi vs.poonam & Ors.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 15, 2019 CRL.M.C. 1878/2017 STATE GOVT OF NCT OF DELHI .....Petitioner Through: Ms. Neelam Sharma, Additional Pubic Prosecutor for State Versus POONAM & ORS .....Respondents Through:... RESPONDENTS in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Trial court vide order of 27th August, 2016 (Annexure P-1) has refused to take cognizance of the charge-sheet filed for the offences under Sections 323/341/5of IPC while holding that the prima-facie case under Sectionsof IPC is made out and both offences are non- cognizable. Aforesaid order has been upheld by the Revisional Court vide impugned order of 1st October, 2016. Learned Additional Public Prosecutor for petitioner-State relies upon decision of a Co-ordinate Bench of this Court in Crl.M.C. 4966/2014 titled as Vijay Kumar Wadhawan Vs. State Govt. of NCT of Delhi & Anr., 2015 SCC Online DEL12454to submit that for non- cognizable offences, a complaint by a pri...

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Feb 15 2019 (HC)

Oracle India Pvt. Ltd vs.the Principal Commissioner of Income Tax, Del ...

Court: Delhi

$~40 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 15, 2019 W.P.(C) 1552/2019, C.M. Appl. No.7151-7152/2019 ORACLE INDIA PVT. LTD ........ Petitioner Through: Mr. M.S. Syali, Senior Advocate with Mr. Satyen Sethi, Mr. Arta Trana Panda, Ms. Gargi Sethee, Advocates THE PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-7, & ANR. versus ........ RESPONDENTS Through: Mr. Deepak Anand, Advocate for Mr. Zoheb Hossain, Senior Standing Counsel for Revenue CORAM: HONBLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN S. RAVINDRA BHAT, J.(ORAL) 1. Issue Notice. Mr. Deepak Anand, Advocate, appearing on behalf of the respondent accepts notice of the petition as well as of the application.2. The assessee seeks orders identical with orders made in relation to the special audits directed for Assessment Years 2015-16 and for the subsequent years. In previous orders, the court had heard other Writ Petitions including W.P.(C) No.1110/2012, 2353/2013, 2500/2014, 3765/2015, ...

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Feb 14 2019 (HC)

Ravinder Sirohi vs.union of India and Ors.

Court: Delhi

$~10 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 11507/2017 RAVINDER SIROHI ........ Petitioner Through: Mr. Abhishek K. Choudhary, Advocate. UNION OF INDIA AND ORS. versus CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA ........ RESPONDENTS Through: Mr. Arun Bhardwaj, Advocate. % ORDER1402.2019 Dr. S. Muralidhar, J.:1. Aggrieved by not being offered appointment to the post of Chowkidar despite having cleared all stages of selection process, the... Petitioner has filed the present petition.2. In July 2016 the Commanding Officer, Military Hospital, Doda Respondent No.3 issued a recruitment notification for various posts including that of Chowkidar for which the... Petitioner applied. The... Petitioner cleared the exam held on 14th September 2016. He was asked to report to the Military Hospital for completion of pre-appointment documentation and other formalities. It is stated that on 11th January 2017 the... Petitioner produced all the relevant documents for verification. W.P...

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Feb 14 2019 (HC)

M/S Oswal Woollen Mills vs.union of India

Court: Delhi

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:14. h February, 2019 + CS (OS) 1377/2008 M/S OSWAL WOOLLEN MILLS ..... Plaintiff Through: Mr. Murari Tiwari, Mr. Rahul Kumar and Mr. Asees Arora, Advocates. (M:9891478847) versus UNION OF INDIA Through: Mr. Jaswinder Singh, Advocate. ..... Defendant CORAM: JUSTICE PRATHIBA M. SINGH (M:9811232066) Prathiba M. Singh, J.(Oral) I.A. 4123/2017 (restoration of objections) 1. The present suit has been filed by the... Petitioner/Claimant under the Arbitration Act, 1940 seeking to place on record the award dated 5th July, 2006 passed by the Ld. Sole Arbitrator and for making it rule of court. Objections under Sections 30 & 33 of the Arbitration and Conciliation Act, 1940 have been filed for setting aside the said.2. The only objection pressed on behalf of the Union of India (UOI) is that while dealing with the claims and the counter claim, the Ld. Arbitrator has given credit to the Claimant of a sum of Rs.3,12,741/-, which related ...

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Feb 14 2019 (HC)

Chanchal Devi vs.delhi Development Authority

Court: Delhi

$~R.P.-1 & 2 IN THE HIGH COURT OF DELHI AT NEW DELHI RSA1212018 CHANCHAL DEVI ..... Appellant Through: Mr. Ashok Joshi & Mr. R.K.Sonkiya, Advs. * + DELHI DEVELOPMENT AUTHORITY Through: None. Versus + RSA1222018 PHOOL SINGH YADAV AND ..... Respondent ..... Appellant Through: Mr. Ashok Joshi & Mr. R.K.Sonkiya, Advs. Versus DELHI DEVELOPMNET AUTHORITY CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER1402.2019 Through: None. ..... Respondent R.P.No.442/2018 & CM No.52030/2018(for condonation of delay of 44 days in applying thereof) in RSA1212018 & R.P.No.427/2018 & CM No.50155/2018(for condonation of delay of 44 days in applying thereof) in RSA1222018 Review, along with condonation of delay of 44 days in applying 1. therefor, is sought of the common judgment dated 28th August, 2018 dismissing in limine the second appeals preferred by each of the review applicants, holding the same to be not raising any substantial question of law. RSA1212018 & RSA1222018 Page 1 of 3 2. Counsel for the ...

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Feb 14 2019 (HC)

Ahluwalia Contracts (India) Ltd. Vs.raheja Developers Ltd.

Court: Delhi

$~5 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:14. 2.2019 ARB.P. 459/2018 AHLUWALIA CONTRACTS (INDIA) LTD. ........ Petitioner Through: Mr. Shashank Garg with Mr. Tariq versus Khan, Advs. Through: Mr. Dhruv Bansal, Adv. RAHEJA DEVELOPERS LTD. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) ..... Respondent 1. Mr. Dhruv Bansal, who, appears for the respondent, says that there is no dispute with regard to existence of the Arbitration Agreement in the two contracts, wherein, disputes have erupted between the parties. These two contracts are dated 6.12.2010 and 11.2.2013. The first contract relates to Civil Works, while the second contract pertains to Plumbing Works.2. Evidently, the respondent has appointed an Arbitrator in respect of both the contracts. Concededly, under the agreements, the parties had to first attempt to resolve the dispute amicably. It was only when such an attempt fails, that the parties could appoint an arbitrator in the matter....

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Feb 14 2019 (HC)

Ashok Kumar Kapoor vs.central Bureau of Investigation

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 14, 2019 + CRL.A. 9/2013 ASHOK KUMAR KAPOOR ..... Appellant Through: Mr.S.K. Rungta, Senior Advocate and Mr.Prashant Singh and Mr.S. Shukla, Advocates Versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Ms.Rajdipa Behura, SPP for CBI and Ms.Kriti Honda with Inspector Sanjay Upadhyay CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % ORDER Impugned judgment of 22nd November, 2012 holds appellant guilty of possessing assets disproportionate to his known source of income to the extent of 8,08,750/- during the check period from 01st January, 1998 to 10th November, 2000. Appellant stands convicted for the offence under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 and vide order of 27th November, 2012, appellant has been sentenced to rigorous imprisonment for two years and to pay a fine of 2.5 lakhs with default clause for the offence in question. The facts as noticed by the trial court ...

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Feb 14 2019 (HC)

State Bank of India vs.mr. Chander Kalani and Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:14thFebruary, 2019 + FAO. No.547/2018 STATE BANK OF INDIA, (Through its General Manager -Legal) Linking Road Branch, Plot No.533, Patwardhan House, Linking Road, Bandra (West), Mumbai - 400052. Through: Mr. Sudhir Nandrajog Sr. Advocate with Mr. Rajiv Kapur and Ms. Khushboo Kapur, Advocates. ...Appellant versus 1. Mr. CHANDER KALANI R/o 16, Shiv Dham Building, South Avenue, Ram Krishna Mission Road, Mumbai - 400054.2. Mrs. ROMI KALANI R/o 16, Shiv Dham Building, South Avenue, Ram Krishna Mission Road, Mumbai - 400054. ...Respondents Through: Mr. Nikhil Singhvi, Ms. Nikita Pandey and Mr. Mohit Seth, Advocates. CORAM: HON'BLE MR. JUSTICE I.S.MEHTA I. S. MEHTA, J.JUDGMENT1 The instant appeal is arising from impugned order in Cyber Appeal No.13/2015 dated 31.07.2018 passed by learned Telecom Disputes Settlement and Appellate Tribunal, New Delhi.2. The brief facts stated are that the respondents are Senior Citizens and FAO. N...

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Feb 14 2019 (HC)

Bayer Intellectual Property Gmbh and Anr vs.symed Laboratories Ltd

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:14. h February, 2019 EX.P. 158/2016 & EA No.371/2015 (u/S151CPC) BAYER INTELLECTUAL PROPERTY GMBH AND ANR ..... Decree Holders Through: Mr. Pravin Anand, Mr. Nishchal Anand & Mr. Sanchith Shivakumar, Advs. Versus SYMED LABORATORIES LTD ..... Judgement Debtor Through: Mr. Karan Lahiri, Ms. Shwetasree Majumdar & Ms. Vasundhara Majithia, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 Execution is sought of a consent decree dated 24th April, 2015 in CS(OS) No.2434/2013 in terms of the compromise arrived at between the parties and as contained in IA No.8386/2015 in the said suit and which forms part of the decree.2. Under the said consent decree, the defendant has undertaken that it shall not use, manufacture, import, offer to sell and sell RIVAROXABAN or any formulation containing RIVAROXABAN for the purpose of commercial exploitation or sell the same to manufacturers for commercial purpose and that if the defendant manuf...

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