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Delhi Court December 2011 Judgments

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Dec 20 2011

Reserved On: 14.12.20 Vs. University of Delhi and ors

Court: Delhi

Decided on: Dec-20-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7984/2011 and CM 18056/2011 Reserved on: 14.12.2011 Date of decision: 20.12.2011 IN THE MATTER OF SAEMA KHANAM (MINOR) THROUGH HER COUSIN BROTHER AND GUARDIAN ..... Petitioner Through: Mr. Alamgir, Advocate versus UNIVERSITY OF DELHI AND ORS. ..... Respondents Through: Mr. Mohinder J.S. Rupal, Advocate with Ms. Shawana Bari, Advocate for R-1 to R-3. Mr. Avijit Datta, UDC for R-4. CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J..1. The petitioner is aggrieved by the failure on the part of respondent No.1 to 3/University of Delhi and respondent No.4/Faculty of Ayurvedic and Unani Medicines to grant her admission to a five year degree course of Bachelor of Unani Medicine and Surgery (BUMS)..2. It is the case of the petitioner that she is a permanent resident of District Badaun, UP and had completed her XII Standard as a Science candidate having procured 83.33% marks in the board examination. The petitioner applied in the All India Quot...


Dec 20 2011

Mother Dairy Fruit and Vegetable Pvt Vs. Mallikarjuna Dairy

Court: Delhi

Decided on: Dec-20-2011

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Delivered on: December 20, 2011 + CS(OS) 290/2011 MOTHER DAIRY FRUIT and VEGETABLE PVT. LTD. ..... Plaintiff Through: Mr. Pravin Anand, Ms.Aparajita Rao, Advs. versus MALLIKARJUNA DAIRY PRODUCTS PVT. LTD. ....Defendant Through: None. CORAM:- HON'BLE MR JUSTICE V.K. JAIN V.K. JAIN, J.1. On the oral request of the learned counsel for the plaintiff, the plaintiff is permitted to file additional affidavit by way of evidence along with additional documents. The certified copy of the agreement between the plaintiff and NDDB is exhibited as `Ex.PA whereas the Extracts from Register of Copyrights are exhibited as `Exs.PB to PF..2. The plaintiff - Mother Dairy Fruit and Vegetable Private Limited is a wholly owned subsidiary of National Dairy Development Board, a body corporate constituted CS(OS)No.290/2011 Page 1 of 17 under National Dairy Development Board Act, 1987 and is engaged in the business of manufacturing and marketing of milk and milk p...


Dec 20 2011

Shri Radhakrishan Temple Trust Vs. M/S. Hindco Rotatron Pvt. Ltd. and

Court: Delhi

Decided on: Dec-20-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No.40 /2010 % 20th December, 2011 SHRI RADHAKRISHAN TEMPLE TRUST MAITHAN, AGRA ..... Appellant Through : Mr. R.M. Sinha, Advocate with Ms. Namita Sinha, Advocate. versus M/S. HINDCO ROTATRON PVT. LTD. and ORS. ..... Respondents Through : Mr. Saurabh Upadhyay, Advocate for respondent No.1. Mr. Rajesh Rattan, Advocate for respondent No.2. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J. MEHTA, J (ORAL).1. An interesting issue arises for determination by this Court in this appeal. The issue is that: can a tenant whose tenancy is not protected by the Delhi Rent Control Act, 1958 urge that because of lack of termination of the monthly tenancy i.e. the monthly tenancy having not been terminated by a proper notice, the suit for possession filed by the landlord against the tenant is liable to be dismissed inasmuch as on the date of filing of the suit, the defendant/tenant was not an unauthorized occ...


Dec 19 2011

Gkw Limited Vs. Life Insurance Corporation of

Court: Delhi

Decided on: Dec-19-2011

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 09.08.2011 Judgment delivered on: 19.12.2011 W.P.(C) 8326/2007 and CM No.15117/2009 GKW Limited ......Petitioner Through: Mr. Rajiv Virmani, Sr. Adv. with Ms. Shruti Verma, Adv. Vs. Life Insurance Corporation of India and Another ......Respondent Through: Mr. Kamal Mehta, Adv. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR KAILASH GAMBHIR, J..1. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks to challenge the judgment dated 6 th July, 2007 passed by the learned Additional District Judge whereby the appeal filed by the petitioner under Section 9 of the Public Premises W.P. (C) No. 8326/2007 Page 1 of 16 (Eviction of Unauthorized Occupants) Act, 1971 against the order of the Estate Officer dated 5.1.2004 was dismissed..2. Brief facts which necessitated the filing of the present petition are that the petitioner had taken on lease the premises admeasuring 4587 sq.ft on the second floor of...


Dec 19 2011

Citi Bank N.a Vs. Rakesh Kumar and anr

Court: Delhi

Decided on: Dec-19-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved On: December 14, 2011 Judgment Delivered On: December 19, 2011 + RFA(OS) 82/2007 CITI BANK N.A. ..... Appellant Through: Mr.V.P.Singh, Sr.Advocate with Mr.Dalip Mehra, Advocate versus RAKESH KUMAR and ANR. ....Respondents Through: Mr.Maninder Singh, Sr.Advocate with Mr.Vishorv Mukherjee, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE S.P. GARG PRADEEP NANDRAJOG, J..1. Vide impugned order dated 31.05.2007, IA No.10216/1997 filed by the appellant seeking leave to defend has been dismissed and as a consequence, the suit filed by the respondents under Order XXXVII of the Code of Civil Procedure has been decreed. Needless to state, on the pleadings of the parties, the learned Single Judge has held that no triable issue arises..2. Briefly stated, it was alleged in the plaint that Rakesh Kumar was carrying on business as the sole proprietor of M/s.Dairy Foods (India). Dairy Development Corporation (Nepal)...


Dec 19 2011

Jitender Kumar Singh Vs. State

Court: Delhi

Decided on: Dec-19-2011

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON: 19.12.2011 + CRL.A. 1140/2011 JITENDER KUMAR SINGH ..... Appellant Through: Mr. Avadesh Kumar Singh, Adv. versus STATE ..... Respondent Through: Mr. Sanjay Lao, APP CORAM: MR. JUSTICE S. RAVINDRA BHAT MS. JUSTICE PRATIBHA RANI MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) %.1. The present appeal is directed against the judgment and order dated 28.2.2011 convicting the appellant for the offence punishable under Section 302, IPC (Sessions Case No.145/2009), sentencing him to undergo life imprisonment with fine. The appeal was heard since the Appellant has been in jail for over 7 years..2. The prosecution in this case alleged that information was received at PS Patel Nagar at around 09.30 AM on 09.04.2004 regarding a stabbing incident at T-497, Prem Nagar Near Goushala Road. This was recorded in the form of DD No.3A. It is the prosecution's case that three police personnel went to the spot and CRL.A. 1140/2011 Page 1 of 12 found blood i...


Dec 19 2011

Cit Vs. Galileo India Pvt Ltd

Court: Delhi

Decided on: Dec-19-2011

18 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision : December 19th, 2011 + ITA 1074/2011 CIT ..... Appellant Through: Mr. N.P.Sahni and Mr. Ruchesh Sinha, Advs. versus GALILEO INDIA PVT LTD ..... Respondent Through: Mr. Tapas Ram Misra and Mr. Ashu Kansal, Advs. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR.1. Whether Reporters of local papers may be allowed to see the judgment?.2. To be referred to the Reporters or not ?.3. Whether the judgment should be reported in the Digest? SANJIV KHANNA,J: (ORAL) This appeal under Section 260A of the Income Tax Act, 1961 is directed against the order of the Income Tax Appellate Tribunal dated 16.12.2010 in the case of M/s. Galileo India Pvt. Ltd. and relates to assessment year 2005-06. By the impugned order the Tribunal has quashed the order passed by the ITA 1074/2011 Page 1 of 5 Commissioner of Income Tax, Delhi under Section 263 of the Income Tax Act..2. After hearing counsel for the parties the followi...


Dec 19 2011

Delhi Jal Board and ors Vs. Sunil Kumar and ors

Court: Delhi

Decided on: Dec-19-2011

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 1st December, 2011 Pronounced on: 19th December, 2011 + MAC APP. 596/2010 DELHI JAL BOARD and ORS. ..... Appellant Through: Mr. U.N. Singh, Advocate Versus SUNIL KUMAR and ORS. ...... Respondents Through: Mr. Ashok Popli Advocate for Respondent No..1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J..1. Aggrieved by an award dated 28.05.2010 passed by the Motor Accident Claims Tribunal (the Tribunal), the Appellant Delhi Jal Board has filed this Appeal on the ground that their tanker DL-IM-0308 was not involved in the accident. It is averred that the compensation awarded is excessive..2. On 04.07.2009 at about 12:15 P.M. PW-2 Kuldeep Kumar was proceeding to his in-laws house along with his sister-in-law Sonia (brother-in-law's wife) on his motor cycle number HR- 10E-8342. When they reached near Sai Apartments, Nathu Pura a water tanker number DL-1M-0308 came from behind and hit the motor cycle. The deceased and PW-2 f...


Dec 19 2011

M/S.M.D.industries Vs. Govt. of Nct of Delhi and anr

Court: Delhi

Decided on: Dec-19-2011

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 02.09.2011 Judgment delivered on: 19.12.2011 + W.P.(C) No. 1214/2010 and CM. NO. 2538/2010 and CM No. 11943/2011 M/s.M.D.Industries ......Petitioner Through: Mr. J.K. Sharma, Advocate. Vs. Govt. of NCT of Delhi and Anr. ......Respondents Through: Mr. A.S. Rajput, Advocate for respondent no.2. CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR KAILASH GAMBHIR, J..1. By this petition filed under Articles 226/227 of the Constitution of India, the petitioner seeks setting aside of the award dated 7th January, 2010 passed by the learned Labour Court, Delhi, whereby a lump sum compensation of Rs.2,00,000/- was awarded in favour of the respondent No.2 herein. Page 1 of 16 W.P.(C) No. 1214/2010.2. Brief facts as set out in the claim petition and relevant for deciding the present petition are that the respondent No.2 was working with the petitioner management since 15.03.1994 at a monthly salary of Rs.1,400/- as Helper. It is stated that sh...


Dec 19 2011

Sumana BhasIn Vs. Eastern Connexion(Exports)

Court: Delhi

Decided on: Dec-19-2011

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.A(SB) 33/2009 SUMANA BHASIN ..... Appellant Through: Ms. Malavika Rajkotia, Advocate with Ms. Arpita Rai, Advocate. versus EASTERN CONNEXION(EXPORTS) PVT LTD and ORS ..... Respondents Through: Mr. Adhip Iyer, Advocate. Date of Decision: December 19, 2011 JUDGMENT MANMOHAN, J :.1. Present appeal has been filed under Section 10-F of the Companies Act, 1956 (for short Act) challenging the order dated 24th August, 2009 passed by the Principal Bench, Company Law Board (for short CLB) whereby the respondent was directed to pay Rs. 3,00,000/- to the appellant on or before 15th September, 2009 as "fair valuation for the 1000 shares held by the appellant". On receipt of the aforesaid consideration, the appellant was directed to transfer to the respondent her entire shareholding in the respondent company and the register of the members of the company was to be rectified. Co. A. (SB) 33/2009 Page 1 of 11.2. The relevant portion of the impugned ord...


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