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 : Jul-09-2012
V.K. Jain, J. 1. M/s Shankar Trading (P) Limited (hereinafter referred to as the assessee) is engaged in the business of Kathaand Cutch and had taken on lease, with effect from 01.06.1978, a factory belonging to Mehta Charitable Prajnalay Trust (hereinafter referred to as “the Trust”), which also was engaged in the business of manufacturing of the same products. Shri Bishan Dass and Shri Raj Kumar, two of the trustees of the Trust were also the directors and shareholders of the Assessee Company. 3 out of 5 directors of the assessee company were the sons of two trustees of the Trust. It is also an admitted position that bulk of the shares of the assessee Company was held by the trustees of the Trust and their family members. Initially, the lease rent was fixed at Rs 25,000/- p.m., which was later increased first to be Rs 50,000/- p.m. and then to Rs 1,00,000/- p.m. As on 31.12.1991, the assessee was paying lease rental of Rs 1,00,000/- p.m. to the Trust, in respect of the fa...
Tag this Judgment!Court : Delhi
Decided on : Jun-01-2012
MANMOHAN SINGH, J. (Oral) I.A. No.11246/2012, I.A. No.11247/2012 and I.A. No.11248/2012 (u/S 151 CPC for exemption) These applications have been filed by the plaintiffs under Section 151 of CPC, seeking exemption from filing the original, fair typed copies of the dim documents and documents in legal size and translated copies of the international registration certificates at this stage. Heard. For the reasons stated in the applications, the same are allowed and eight weeks time is granted to file the same. The applications are disposed of. CS(OS) 1787/2012 Let the plaint be registered as a suit. Additional affidavit and documents are taken on record. Issue summons to the defendant, on filing of process fee and registered AD cover within one week, returnable on 30.07.2012. I.A. No.11245/2012 (u/O XXXIX, R.1 and 2 CPC) 1. Issue notice for the date fixed. 2. In this application, the plaintiffs are seeking an injunction against the defendant from using the word MAERSK as part of its co...
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Decided on : Apr-24-2012
SANJIV KHANNA, J.: 1. Deepak Khosla has preferred this intra-Court appeal impugning the order dated 4thJanuary, 2012 passed by the learned single Judge. The impugned order in paragraph 15 gives two directions; that the appellant would not appear in any Court either in person or as an attorney of a third party, as he does not have inherent right to appear and argue; that the appellant should be medically examined whether he was suffering from any mental disorder. The SHO of the police station Tilak Marg was directed to get the appellant admitted in the Institute of Human Behaviour and Allied Sciences (IHBAS, for short), Shahdara, Delhi. The Medical Superintendent of IBHAS was directed to submit a report within a week. The appellant was ordered not leave the premises of IHBAS and the SHO of the concerned police station was asked to provide adequate security. 2. By order dated 6thJanuary, 2012, in appeal, operation of the second direction in the impugned order was stayed. Medical records...
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Decided on : May-04-2012
INDERMEET KAUR, J. (Oral) 1. The impugned judgment is dated 17.02.2011; the eviction petition filed by the landlord Major S.P.Marwah seeking eviction of his tenant Ram Swarup Gupta from the suit premises i.e. shop bearing No. 56-B, Khan Market, New Delhi had been decreed. The application filed by the tenant seeking leave to defend had been declined. 2. Record shows that the present eviction petition has been filed by the landlord on the ground of bonafide requirement under Section 14 (1)(e) of the Delhi Rent Control Act (DRCA). Premises had been tenanted out to the tenant; relationship of landlord and tenant has not been disputed. Grounds of eviction are contained in para 18 (a) wherein it has specifically been contended that the petitioner is the owner of the suit shop; premises had been leased out to the tenant; wife of the petitioner namely Smt. Afsana Marwah is a jewellery designer; the petitioner and his wife started a jewellery business at 297, Forest Land, Neb Sarai, New Delhi ...
Tag this Judgment!Court : Delhi
Decided on : Oct-04-2012
M.L. MEHTA, J. 1. This revision petition u/S 25 B (8) of the Delhi Rent Control Act (for short “the Act”),impugns the order dated 14.03.2012 passed by the Ld. ACJ-cum- RC (central/Delhi) whereby leave to defend application filed by the petitioner, in the eviction petition, was dismissed. 2. The eviction petition was filed by the respondent in respect of two rooms/office measuring 10.0’ x 11.3’ and 12.6’ x 8’ and open court yard on the first floor and one room of 14’ x 11.3’ on the second floor with open terrace, along with staircase leading from ground floor to the upper floor, latrine bathroom on the first floor, forming part of the property bearing No. 3667, Ward VI, Chawri Bazar, Delhi-110006 (hereinafter referred to as the “suit premises”). In this petition it was stated that the suit premises was first acquired by late Sh. Shree Ram vide a registered sale deed. On his death, his wife, Smt. Premwati became the owner of th...
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Decided on : May-11-2012
RAJIV SAHAI ENDLAW, J. 1. The intra court appeal subject matter of LPA 9/2012 impugns the order dated 23rd December, 2011 of the learned Single Judge dismissing WP(C) No. 8987/2011 preferred by the appellant. The said writ petition was filed challenging the order dated 12th December, 2011 of the District Judge exercising the powers as an Appellate Authority under Section 9 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 (PP Act) dismissing the appeal preferred by the appellant against the order dated 2nd September, 2011 of the Estate Officer of the respondent LIC of eviction of the appellant from the premises admeasuring 3476 sq ft. on the ground floor of Jeevan Tara Building, 5 Parliament Street, New Delhi of the respondent LIC and of assessing damages for use and occupation @ Rs. 200/- per sq ft. per month for the period from 16th August, 2009 since when the appellant was found to be in unauthorized use and occupation of the said premises. The order of the learn...
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Decided on : Dec-21-2012
* + $~ IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. No.1472/2010 & Crl.M.(Bail) No.697/2012 Date of Decision: RAJ KUMAR @ GUDDU Through 21st December, 2012. ..... Appellant Mr. Avadh Kaushik, Adv. Versus THE STATE OF DELHI Through Ms.Ritu Gauba, APP ..... Respondent CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE J.R. MIDHA GITA MITTAL, J 1.By way of the present appeal, the appellant assails the judgment dated 2nd June, 2010 passed by the learned Additional Sessions Judge, finding him guilty of commission of the offence under Section 302 of the Indian Penal Code and the order of the same date whereby he was sentenced to undergo life imprisonment along with fine of Rs.5,000/- in default whereof, simple imprisonment for three months for the commission of the said offence.2. As per the prosecution, Gajraj Singh Yadav- PW 5.an employee of the MTNL posted at Gulabi Bagh, Delhi, was residing at House No.173, Page 1 of 51 Libaspur, Delhi with his family comprising of his deceased...
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Decided on : Dec-10-2012
* THE HIGH COURT OF DELHI AT NEW DELHI + R.C. Rev. No.3/2011 Date of Decision:10. 12.2012 SH. RAVINDER SINGH ....Petitioner Through: Mr. Milan Malhotra, Adv. Versus ...Respondent SH. DEEPESH KHORANA Through: Mr. Rajat Malhotra & Mr. Deepesh Khorana, Advs. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.1. This petition is being field under Sec. 25B(8) of the Delhi Rent Control Act against the impugned order dated 13.10.2010, whereby the Ld. ARC dismissed the leave to defend application in Eviction Petition No. 17/2009, filed by the petitioner herein. The brief facts giving rise to this petition are as follows.2. The petitioner herein is the tenant in respect of a shop admeasuring 7ft X 10ft, in the ground floor of property bearing No. 89, Moti Nagar, New Delhi. In 2009, the landlord, who is the respondent herein, filed petition for eviction of the suit shop, claiming that it was required bona fide by the respondent for his 29 year old unmarried son who wants to open a computer busin...
Tag this Judgment!Court : Delhi
Decided on : Dec-06-2012
4. * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:06. 12.2012 % FAO(OS) 299/2012 GENERAL ELECTRIC CANADA ..... Appellant Through: Mr. Sanjay Jain, Sr. Advocate along with Mr. Trideep Pais Mr. Ashwath Sitaraman and Ms. Prabhsahay Kaur, Advocates. versus NATIONAL HYDROELECTRIC POWER CORPORATION LTD. & ANR ..... Respondents Through: Mr. Sachin Dutta, CGSC for the respondent No.1/NHPC. Mr. Rajat Navet & Ms. Prachi V. Sharma, Advocates for the respondent No.2/Alstom. CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE VIPIN SANGHI SANJAY KISHAN KAUL, J.1. Admit.2. Learned counsel for the respondents accept notice.3. Heard learned counsel for the parties.4. A contract was entered into on 03.02.1984 between respondent No.1- National Hydroelectric Power Corporation Limited (hereinafter referred to as NHPC), a Government of India undertaking and three Canadian entities with respect to Chamera Hydel Project in Himachal Pradesh. One of the entities was Canadian General...
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