Court : Delhi
Decided on : Dec-19-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:13. h September, 2012 Date of Decision:19th December, 2012 % + (1) Criminal Appeal No. 384/2012 ASHA Through ....Appellant Mr. Jitender Sethi and Mr. Rohit Bhargava, Advocates. Versus STATE Through (2) Respondent Ms. Richa Kapoor, APP. Criminal Appeal No. 433/2012 ANAND SINGH @ DHAMMAL ....Appellant Through Mr. Jaideep Malik, Advocate. Versus STATE Through (3) Respondent Ms. Richa Kapoor, APP. Criminal Appeal No. 434/2012 ANAR SINGH Through ....Appellant Mr. Sunil Dalal and Mr. Ashish Sharma, Advocates. Versus STATE Through (4) Respondent Ms. Richa Kapoor, APP. Criminal Appeal No. 443/2012 SHAILENDER @ BABLEY Through ....Appellant Mr. Mohit Mathur, Mr. Pawan Mathur and Mr. Vikram Panwar, Advocates. Versus STATE Through (5) Respondent Ms. Richa Kapoor, APP. Criminal Appeal No. 455/2012 ASHOK KHATRI & ANR. Through ....Appellant Mr. R.M. Tufail and Mr. Vishal Sehijpal, Advocates. Versus STATE Through (6) Respondent Ms. Richa Kapoor, AP...
Tag this Judgment!Court : Delhi
Decided on : May-18-2012
SANJIV KHANNA, J. 1. In Merchant of Venice, Portia disguised as young law clerk had propounded that the bond only allowed Shylock to remove the flesh, not the blood of Antonio. Further damning Shylock’s case, she said that he must cut one pound of flesh, no more, no less; she asserted “if the scale do turn/But in the estimation of a hair/though diest and all thy goods are confiscate.” The impugned order passed by the Settlement Commission deserves to be upheld for the petitioner herein- Gupta Perfumers (P) Ltd. it is apparent is caught in their own web, which they stoutly and strongly deny. Even now in the writ petition they have urged and argued that their conduct and actions were bonafide and solely guided by the noble and honourable desire to come clean with their inglorious past. The petitioner claims that they without any motive or intention to help a third person, declared undisclosed taxable income of Rs. 1,36,08,897/-. We record that the undisclosed income ha...
Tag this Judgment!Court : Delhi
Decided on : Apr-24-2012
A.K. SIKRI, ACTING CHIEF JUSTICE. 1. The respondent workman herein was served with charge-sheet dated 23.09.1998 at the time when he was serving with erstwhile Delhi Electric Supply Undertaking (DESU) as an Inspector. In the charge-sheet, the imputation against him was that he had energized a commercial light connection sanctioned against K.No.614-121778 in favour of one Sh. Girbar Singh at premises of one Mr. Rakesh Kumar on the main road of Babarpur and not at premises No.20-A-3/17, Vishwakarma Road, Babarpur, Shahdara where it was actually to be energized. 2. To put it otherwise, it is not in dispute that the electricity connection had been sanctioned by the officials of the Commercial Department of DESU and the only allegation against the respondent workman was that he had installed the said connection at the wrong address at the instance of one Mr. Rakesh Kumar in whose shop electricity connection was in fact energized and that shop was not at the address for which the electricity...
Tag this Judgment!Court : Delhi
Decided on : Apr-17-2012
1. By this petition, the Petitioner seeks quashing of the order and inquiry report dated 14th May, 2011 passed by the learned Additional Chief Metropolitan Magistrate-01, Patiala House Courts, New Delhi under Section 5 of the Extradition Act, 1962 in CC. No.79/1/08 whereby the learned Additional Chief Metropolitan Magistrate recommended extradition of the Petitioner to the United States of America (USA). 2. Learned counsel for the Petitioner contends that the request for extradition made by the Government of USA was in breach of mandatory provisions of the Indo-US Extradition Treaty (in short „the Treaty‟), especially Article 9(4)(a) of the said Treaty which provides that the request for extradition relating to a person, who has been convicted of an offence for which extradition is sought shall be supported by “a copy of the judgment of conviction or, if such copy is not available, a statement by a judicial authority that a person has been convicted”. Since copy...
Tag this Judgment!Court : Delhi
Decided on : May-08-2012
PRADEEP NANDRAJOG, J. 1. What we commonly understand as a song consists of three elements: lyrics, music and singing. There are three players. The lyricist who provides the words; the musician who provides the music score; and the singer who provides the sound to the words. The trinity join: a song is created. Thus, a song is music which is vocal in character. It is but natural that in a song, the words and the music have a special relationship. Words affect the melodic line, even the rhythmic structure. The inflection of the language in the lyrics leaves an imprint on the melody and the rhythm; on style and phrasing. When a song is sung there is a moving romance between the words and the music. 2. Do the identities break when their fusion creates a synthesized product i.e. when a song is recorded? 3. Undoubtedly, when a song is recorded there is homogenization of the lyrics with the musical score; where integration is articulated through the multi-level hierarchical system of inter-de...
Tag this Judgment!Court : Delhi
Decided on : Feb-14-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + Crl.Rev.P. 670/2010 Date of Decision: 14.02.2012 DIRECTORATE OF REVENUE INTELLIGENCE ...... PETITIONER Through: Mr.Satish Aggarwala, Advocate with Mr.Sushil, Advocate. Versus ARUN KUMAR JUNEJA and ORS. ...... RESPONDENTS Through: Ms.Sonam Nagrath, Advocate. CORAM: HON'BLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J..1. The present revision petition is against the order of the LD ACMM discharging the Respondents herein under section 245 CrPC..2. The brief facts necessitating the present revision petition are that acting on intelligence that large quantity of ball bearing were being smuggled from Nepal into Delhi, the DRI kept surveillance in and around Delhi. On 04.08.1992, the DRI intercepted a truck in Delhi containing empty glass bottles and brought the same to the DRI office where it was rummaged in the presence of two independent witnesses. The panchnama was prepared in the presence of witnesses. The driver of the truck, Shri Ghama Prasad along wit...
Tag this Judgment!Court : Central Administrative Tribunal CAT Delhi
Decided on : May-10-2012
M.L. Chauhan, Member (J): This is the second round of litigation. Earlier the applicant had filed Writ Petition No.579/2005 against the order of dismissal dated 15.10.1999. The said Writ Petition was transferred to this Tribunal, which was registered as TA No.1223/2009. This Tribunal vide order dated 15.12.2009 directed the Commissioner, MCD to treat the said TA as supplementary revision of applicant and dispose of the same by a reasoned order to be passed within a period of 03 months from the date of receipt of a copy of that order. Pursuant to the direction given by this Tribunal the respondents have again passed the order dated 07.06.2010, thereby enclosing a detailed speaking order, upholding the order of the disciplinary authority dated 15.10.1999, inflicting the penalty of dismissal from service with a modification to the extent that penalty of dismissal from service shall not be a disqualification for future employment. It is this order, which is under challenge in this OA and t...
Tag this Judgment!Court : Delhi
Decided on : Jul-03-2012
PRADEEP NANDRAJOG, J. 1. Vide impugned judgment dated May 18, 1999, the appellants (brothers) have been convicted for having murdered deceased “Vijay”and for having attempted to murder “Ashok Kumar”(brother of Vijay) and for the former offence have been sentenced to undergo imprisonment for life and for the latter to undergo RI for 3 years. Whereas appellant Vijender @ Balli has been held to be the principal offender, appellant Balwan has been convicted with the aid of Section 34 IPC. 2. In a nutshell, the case set up by the prosecution against the appellants (as emerging from the testimonies of the police officials and other witnesses associated with the investigation of the present case) was that on 17.07.1996 at about 09.45 P.M. HC Ram Pal, Duty Officer at PS Jahangir Puri, recorded DD entry No.53B Ex.PW-1/A, to the effect that the Police Control Room had informed that a quarrel had taken place in the street where house bearing Municipal No.J-500, Jahangir Pu...
Tag this Judgment!Court : Delhi
Decided on : Sep-13-2012
A.K. Sikri, (Acting Chief Justice). 1. Army Wives Welfare Association (‘AWWF’ for brevity) is a voluntary and Non-Government Organization (NGO) established with an intention to carry out charity. It started a school for handicapped children of Army Personnel known as “Asha school”. Some funding is provided to this school by the Ministry of Social Justice and Empowerment, Government of India (appellant herein). In this behalf, the appellants have issued guidelines in the year, 1999 which stated that DD Division of the Ministry has been administering four NGO Schemes, viz., “Scheme to Promote Voluntary Action Persons with Disabilities” (‘scheme’ in short) since 1992-93 and in order to broaden the objective of the Scheme and to make it in consonance with the provisions of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955 [hereinafter referred to as „Disabilities Act’], all ...
Tag this Judgment!Court : Delhi
Decided on : Mar-23-2012
RAJIV SAHAI ENDLAW, J. 1. This Intra-Court appeal impugns the order dated 23rd March, 2010 of the learned Single Judge allowing W.P.(C) No.7225/2007 preferred by the respondents and consequently directing the appellants to release a sum of Rs.67,57,072/- to the respondents; the appellants have also been burdened with interest @ Rs.10% per annum for delay in payment and with costs. Notice of this appeal was issued and the operation of the impugned order stayed. The writ record has also been requisitioned. The counsels have been heard. 2. The respondents had filed the writ petition pleading, that they were / are engaged in the business of supplying tents / tin sheds and other furniture on hire; that in the years 1998 to 2000, the Directorate of Education of the appellants had placed an order on the respondents for erection of tin shed structures in some of the government schools in Delhi; similar orders were placed on other tent houses also including one Punjabi Tent House; that during ...
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