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Delhi Court March 2019 Judgments

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Mar 27 2019

Max Ventures Investments Holdings Pvt. Ltd. (Formerly Known as Dynaves ...

Court: Delhi

Decided on: Mar-27-2019

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :11. 02.2019 Pronounced on :27. 03.2019 W.P.(C)No.11572/2017 & CM No.47153/2017 MAX VENTURES INVESTMENTS HOLDINGS PVT. LTD. (FORMERLY KNOWN AS DYNAVEST INDIA PVT.LTD) Through : Sh. Ajay Vohra, Sr. Advocate with Sh. Gaurav Jain, Sh. Aniket. D. Agrawal and Ms. Deepika Agarwal, Advs. ........ Petitioner versus INCOME TAX OFFICER & ANR. ........ RESPONDENTS Through : Sh. Asheesh Jain, Sr. Standing Counsel with Sh. Sanjay Kumar, Jr. Standing Counsel and Sh. Dushyant Sarna, Adv. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN S. RAVINDRA BHAT, J.1. This petition under Article 226 of the Constitution of India, challenges a reassessment notice under Sectionsof the Income Tax Act, 1961 (the Act hereafter) issued to the writ petitioner.2. The petitioner (hereafter assessee) is a private limited company incorporated in India under the provisions of the Companies Act, 1956 is inter alia engaged in the business ...


Mar 27 2019

Union of India & Ors vs.dr.narayan Rao Battu & Anr

Court: Delhi

Decided on: Mar-27-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:27. 03.2019 + W.P.(C) 10306/2016 UNION OF INDIA & ORS ........ Petitioners Through Mr.Kirtiman Singh, Adv. with Ms.Shruti Dutt, Adv. versus DR. NARAYAN RAO BATTU & ANR ........ RESPONDENTS Through Mr.Rabin Majumder, Adv. with Ms.Shreemoyee Bhattacharjee, Adv. for R-1. Ms.Devik Singh, Adv. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. Vide the present writ petition, the petitioners assail the order dated 18.04.2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A.No.2945/2015, allowing the original application (OA) filed by the respondent no.1/applicant seeking coverage under the old pension scheme.2. Pursuant to an advertisement issued by the respondent no.2/UPSC inviting applications for the post of Deputy Legislative Counsel (DLC) in Grade III of the Indian Legal Service on 26.04.2003, the respondent no.1 applied for the said ...


Mar 27 2019

State vs.parshu Ram

Court: Delhi

Decided on: Mar-27-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on 27th March, 2019 CRL. A. 1160/2013 STATE PARSHU RAM versus ..Appellant ..Respondent Advocates who appeared in this case: For the Appellant : Mr. Ravi Nayak, APP for the State along with SI Mukesh Kumar (original IO) presently with PS Vasant Kunj For the Respondent : Mr. Anwesh Madhukar, Advocate (DHCLSC) with Ms. Prachi Nirwan and Mr. Tushar Gupta, Advocates CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT SIDDHARTH MRIDUL, J.(ORAL) 1. The present appeal instituted by the State assails the judgment of the trial court dated 01.10.2011, in Session Case No.110/2010, arising out of FIR No.266/2010 (hereinafter referred to as the subject FIR), under Sections 363/376/308 Indian Penal Code (hereinafter referred as IPC), registered at Police Station - Moti Nagar; whereby the trial court, whilst arriving at a finding that the prosecution has failed to establish the guilt of the accused; acqu...


Mar 27 2019

M/S B R Arora & Associates Pvt Ltd vs.airports Authority of India

Court: Delhi

Decided on: Mar-27-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:31. 10.2018 Pronounced on:27. 03.2019 + FAO (OS) COMM. 246/2018 & CM Appl. 45466-67/2018 M/S B R ARORA & ASSOCIATES PVT LTD ..... Appellant Through: Mr. Vaibhav Dang, Advocate. versus AIRPORTS AUTHORITY OF INDIA ..... Respondent Through: Mr. Sunil Ahuja, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE PRATEEK JALAN MR.JUSTICE PRATEEK JALAN % 1. The appellant is aggrieved by a judgment of a learned Single Judge dated 03.7.2018, insofar as an arbitral award dated 30.07.2015 has been set aside in respect of two claims awarded in its favour.2. The arbitration arose out of an agreement dated 04.10.2007 between the parties, by which the appellant was awarded a contract by the respondent Airports Authority of India (hereinafter, "AAI") for the Expansion of Apron, Construction of Additional Link Taxi Way, Helicopter Parking Bay and allied works at Bagdogra Airport. The arbitration culminated in an award dated 30....


Mar 27 2019

Mohan Singh vs.state ( Govt. Of Nct Delhi)

Court: Delhi

Decided on: Mar-27-2019

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + BAIL APPLN. 688/2019 Judgment delivered on:27. 03.2019 MOHAN SINGH versus STATE ( GOVT OF NCT DELHI) ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Indra Charan Tudu with Mr. Sunil Kumar, Advocates. For the Respondent : Mr. Hirein Sharma, APP for the State. SI Subhash Chandra, PS S.P. Badli. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.981/2018 under Sections 394/5IPC, Police Station Samaipur Badli.2. Allegation of the complainant is that on the day of the incident at about 7:15 pm when he was going to the factory of his uncle, four persons came in front and started fighting with him. They are alleged to have attempted to snatch his mobile phone and one of them i.e., the petitioner is alleged to have picked up a piece of brick and attacked him, on account of which he sustained a fracture above his right ...


Mar 27 2019

Farhan Khan & Ors vs.state of Nct of Delhi & Anr

Court: Delhi

Decided on: Mar-27-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: March 27, 2019 + CRL.M.C. 1621/2019 & CRL.M.A. 6492/2019 FARHAN KHAN & ORS .....Petitioners Through: Mr. Abdul and Mr. Kapil Kaushik, Advocates. Versus STATE OF NCT OF DELHI & ANR .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for State with SI Naeem Ali. Mr. K.K. Prasad, Advocate with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.1753/2014, under Sections 498-A/4of IPC, registered at police station Bhajan Pura, Delhi is sought on the basis of Memorandum of Understanding of 11th February, 2019 reached between the parties. Upon notice, learned Additional Public Prosecutor for respondent No.1-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 SI Naeem Ali on the basis of identity proof produced by her. CRL.M.C. 1621/2019 Page 1 of 3 Respondent No.2, present...


Mar 27 2019

Gupta & Co. Vs.delhi Development Authority

Court: Delhi

Decided on: Mar-27-2019

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + O.M.P. (COMM) 443/2016 GUPTA & CO. Through: versus Date of Decision:27. 3.2019 ........ Petitioner Mr. S.K. Jain with Manisha Tyagi, Ms. Stuti Jain and Mr. Akshu Jain, Advs. ..... Respondent Through: Mr. Pawan Mathur, Standing Counsel DELHI DEVELOPMENT AUTHORITY CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(Oral) for DDA.1. The impugned award which is dated 9.6.2016 has rejected the claims filed by the petitioner solely on the ground of limitation. Strangely, an application under Section 3 of the Limitation Act, 1963 (in short Limitation Act) was filed and not under Section 16 of the Arbitration and Conciliation Act, 1996 (in short 1996 Act) as one would have ordinarily expected. But then, since Section 3 of Limitation Act does give a litigant the right to seek dismissal of an action on the ground of limitation even if it is not pleaded, I would not rest the decision in the matter solely on this basis.2. Mr. Jain, who, a...


Mar 27 2019

Bhasin Infotech & Infrastructure Pvt. Ltd. Vs.ahmad Main and Anr.

Court: Delhi

Decided on: Mar-27-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. 02.2019 Pronounced on:27. 03.2019 FAO (OS) (COMM) 205/2018 & C.M. APPL.35734-35736/2018 BHASIN INFOTECH & INFRASTRUCTURE PVT. LTD. ..... Appellant Through : Sh. Sandeep Sharma, Sh. Ravinder Singh, Ms. Raveesha Gupta, Sh. Lakshay Virmani and Sh. Rishabh Surana, Advocates. versus AHMAD MAIN AND ANR. ........ RESPONDENTS Through : Sh. Kshitij Sharda and Sh. Shubhanker Sharda, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN MR. JUSTICE S. RAVINDRA BHAT % 1. This appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereafter referred to as the Act) impugns the dismissal of the appellants petition under Section 34 of the Act. The petition had questioned an arbitral award dated 27.01.2018 of a Sole Arbitrator adjudicating the disputes between the parties in relation to the Letter of Allotment dated 22.12.2009.2. The facts are that by a letter of allotment dated 22.12.2009, th...


Mar 27 2019

Amit Kumar Singla & Ors vs.state & Anr

Court: Delhi

Decided on: Mar-27-2019

$~6 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h March, 2019 + CRL.M.C. 4068/2016 AMIT KUMAR SINGLA & ORS Through: .....Petitioners... Petitioners in person versus STATE & ANR Through: Mr. Raghuvinder Varma, APP .....Respondents for the State Mr.Sanjay Kumar, Advocate for R-2 with R-2 in person CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 29.05.2010. On 22.03.2013, she lodged first information report (FIR) No.141/2013 under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC) of Police Station Krishna Nagar against her husband (first petitioner) and his mother (second petitioner). On conclusion of the investigation, police filed report under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) on which cognizance was taken, the said matter being pending on the file of the Metropolitan Magistrate. The parties were also locked-in various other cases including main...


Mar 27 2019

Madan Lal Chowatia & Ors. Vs.state & Anr

Court: Delhi

Decided on: Mar-27-2019

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision : March 27, 2019 W.P.(CRL) 2981/2018 & Crl.M.A.No.33291/2018 MADAN LAL CHOWATIA & ORS. Represented by: Mr.Neeraj Kumar Singh, Advocate ........ Petitioners STATE & ANR versus ........ RESPONDENTS Represented by: Mr.Avi Singh, ASC for the State with Ms.Purnima Malik, Advocate Mr.Tanmaya Mehta, Advocate for R- 2 CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. By this petition, the petitioners seek setting aside of the order dated 2nd April, 2018 passed by the learned Additional Sessions Judge as also the order dated 10th June, 2016 passed by the learned Metropolitan Magistrate summoning the petitioner for the offences alleged and directions to the learned Metropolitan Magistrate to take fresh cognizance after considering all the charge sheets and material available before it.2. 3. A brief background of the case. FIR No.313/2014 under SectionsIPC was registered at Police Station Kirti Nagar pursuant to an ...


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