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Delhi Court November 2012 Judgments

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Nov 26 2012

Naval Mahajan Vs. Neha Arora

Court: Delhi

Decided on: Nov-26-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:26. 11.2012 TEST. CASE No.45/2009 NAVAL MAHAJAN Through: versus ..... Petitioner Mr. K.G. Seth, Advocate NEHA ARORA .....Respondent Through: None AND + TEST. CASE No.46/2009 NAVAL MAHAJAN Through: versus ..... Petitioner Mr. K.G. Seth, Advocate NEHA ARORA .....Respondent Through: None CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) IAs No. 21194/2012 (O. 6 R. 17 CPC) in Test. Case No. 45/2009 and 21193/2012 (O. 6 R. 17 CPC) in Test. Case No. 46/2009 These are two applications for amendment of Test. Case Nos. 45/2009 and 46/2009. For the reasons stated in the applications, they are allowed and the amended petitions in both the cases are taken on record. The applications stand disposed of. TEST. CASE Nos.45/2009 and 46/2009 1. The Test. Case No.45/2009 is a petition for grant of Letter of Administration which was initially filed before the learned District Judge, Delhi on 23.03.2009. The petition was filed by ...


Nov 26 2012

Manoj Kumar Dhaka Vs. Union of India and ors.

Court: Delhi

Decided on: Nov-26-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h November, 2012 % + LPA No.763/2012 MANOJ KUMAR DHAKA Through: ..... Appellant Ms. Kamini Jaiswal & Mr. Abhimanue Shrestha, Advs. Versus UNION OF INDIA & ORS. Through: ..... Respondents Ms. Sweety Manchanda, CGSC for R1&3. Mr. Ravi Sikri with Mr. Vaibhav Kalra & Ms. Neha Bhatnagar, Advs. for GGSIP University. Mr. Ashish Kumar & Mr. Ankit Rajgadhia, Advs. for MCI. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the order dated 10th October, 2012 of the learned Single Judge, of dismissal of W.P.(C) No.3948/2012 preferred by the appellant along with others. The impugned order itself records that during the pendency of the writ petition, the petitioners no.1,2&4 therein were deleted from the array of parties. We are informed that the writ petition was thereafter pursued by the remaining three petitioners including the appellant and the other two have ...


Nov 26 2012

M/S Sheela Foam Private Limited Vs. ----

Court: Delhi

Decided on: Nov-26-2012

32 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:26.11.2012 + Co.Appl.(M) No. 180 of 2012 IN THE MATTER OF: M/s Sheela Foam Private Limited Transferee/Petitioner No.1 SNB Bedding International Pvt. Ltd Transferor No.1/Petitioner No.2 M/s Starlite India Private Limited Transferor No.2/Petitioner No.3 M/s RG Pillow (India) Private Limited Transferor No.3/Petitioner No.4 M/s Kanpav Overseas Private Limited Transferor No.4/Petitioner No.5 M/s Auora Foams Private Limited Through: Transferor No.5/Petitioner No.6 Ms. Gurkamal Hora Arora, Advocate. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. This is a first motion Application under Sections 391 & 394 of the Companies Act, 1956 (for short 'Act'), in connection with the Scheme of Amalgamation (for short 'Scheme'). A copy of the Scheme is filed along with the Application.2. It is stated that the registered offices of the Applicant Companies (Transferor Companies No. 1 to 5 as well as Transferee) are situat...


Nov 26 2012

Asrar @ Loveloo @ Lovely Vs. State

Court: Delhi

Decided on: Nov-26-2012

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :26. h November 2012. + Crl.M.A.No. 1086/2011 and Crl.M.(Bail) No.1695/2010 in CRL.A. 1412/2010 ASRAR @ LOVELOO @ LOVELY ..... Appellant Through: Mr. R. M. Tufail, Mr. Vishal Raj and Mr. Anwar A. Khan, Advocates versus STATE Through: ..... Respondent Ms. Richa Kapoor, APP for the State. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE S.P.GARG SANJIV KHANNA, J.(ORAL) 1. This order will dispose of the application under Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 (Act for short) filed by the appellant claiming that he was a juvenile i.e. less than 18 years of age on the date of the alleged occurrence.2. On the said application vide order dated 18.07.2011 a medical board was directed to be constituted by Medical Superintendent, AIIMS at the first instance. The said medical board submitted their report inter alia opining that the appellant was more than 27 years of age as on 27.05.2011. ...


Nov 24 2012

Smt. Smit Rekha Vishnoi Vs. Union of India, Through Secretary, Ministr ...

Court: Central Administrative Tribunal CAT Principal Bench New Delhi

Decided on: Nov-24-2012

(ORAL) JUSTICE SYED RAFAT ALAM, CHAIRMAN: This is an application under Section 19 of the Administrative Tribunals Act, 1985 for quashing the orders No. F.No.A.28018/96/2010-DT/Per dated September, 2010 and F.No.A-32011/1/2011-Ad.VI dated 10.08.2011 issued under the signature of the Under Secretary, Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, New Delhi, and further to direct the respondents to decide the applicants representations dated 21.04.2011, 27.04.2011, 03.06.201 and 15.09.2011 for upgrading the ACR grading for the year 2002-03 and 2007-08 and thereafter, to hold review DPC for promotion to the post of Chief Commission of Income Tax (CCIT, for short) w.e.f. the promotion date of her immediate junior. 2. We have heard Shri Amitesh Kumar, learned counsel for the applicant and Shri RN Singh, learned counsel, who has appeared on behalf of respondents. 3. It appears from the perusal of the counter affidavit filed on behalf of the res...


Nov 23 2012

Oriental Insurance Company Ltd Vs. Arun Kumar and ors.

Court: Delhi

Decided on: Nov-23-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d November, 2012 + MAC.APP. 225/2010 ORIENTAL INSURANCE COMPANY LTD ....... Appellant Through: Mr. D.K. Sharma, Adv. versus ARUN KUMAR & ORS. Through: + ..... Respondents Mr. Munish Kumar Sharma, Adv. for R-1. MAC.APP. 1216/2012 ARUN KUMAR Through: ....... Appellant Mr. Munish Kumar Sharma, Adv. versus ORIENTAL INSURANCE COMPANY LTD & ORS...... Respondents Through: Mr. D.K. Sharma, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. This Appeal (MAC APP.225/2010) is for reduction of compensation of `6,70,792/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the First Respondent who suffered injuries in a motor vehicle accident which occurred on 18.12.2005.2. The finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company. Thus, the same has attained finality.3. On account of the accident the First respondent suf...


Nov 23 2012

Js Furnishing Pvt Ltd Vs. Union of India and anr

Court: Delhi

Decided on: Nov-23-2012

$~5&6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: November 23, 2012 + LPA 851/2011 JS FURNISHING PVT LTD ..... Appellant Represented by : Mr.Rakesh Tiku, Senior Advocate instructed by Mr.Aman Walesha, Advocate and Mr.Himanshu Raman, Advocate. versus UNION OF INDIA & ANR ..... Respondents Represented by : Mr.Jatan Singh, Advocate and Mr.Tushar Singh, Advocate. AND LPA 509/2012 UOI AND ORS ..... Appellant Represented by : Mr.Jatan Singh, Advocate and Mr.Tushar Singh, Advocate. versus M/S JS FURNISHING CO P LTD ..... Respondent Represented by : Mr.Rakesh Tiku, Senior Advocate instructed by Mr.Aman Walesha, Advocate and Mr.Himanshu Raman, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE MANMOHAN SINGH PRADEEP NANDRAJOG, J.(Oral) 1. By a common decision WP(C) No.3637/1990 and WP(C) No.16784/2004 have been disposed of by a learned Single Judge.2. WP(C) No.3637/1990 has been allowed following the law declared by a learned Single Judge in the decisio...


Nov 23 2012

Suri Properties Vs. Om Prakash Bros

Court: Delhi

Decided on: Nov-23-2012

* THE HIGH COURT OF DELHI AT NEW DELHI + C.M. (M) 301/2012 Date of Decision:23. 11.2012 SURI PROPERTIES Through: ....Petitioner Mr.Vipin Nandwani, Advocate. Versus OM PRAKASH BROS Through: ...Respondent Mr.Ankit Jain, Advocate. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. This is a petition under Article 227 of the Constitution of India, challenging the order dated 28.11.2011 passed by the Ld. ARCT, New Delhi, whereby the appeal against the order dated 13.09.2011 was dismissed and the application for restitution of the suit premises filed by the respondent/tenant under Section 144 of the Civil Procedure Code (for short the Code), was allowed.2. The facts leading to the passing of the impugned order are as follows. The respondent is a tenant in respect of premises bearing Qrt No. 7, Block C, Regal Building Annexe, Behind Regal Cinema, New Delhi (hereinafter referred to as the suit premises). The suit property was originally owned by Sardar Bhagwant Singh and others. They...


Nov 23 2012

Basudeb Roy Vs. National Fertilizer Limited

Court: Delhi

Decided on: Nov-23-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d November, 2012 + Review Petition No.689/2012 with CM.No.18781/2012 (for interim Stay) in WP(C) No.2652/1999 % BASUDEB ROY .... Petitioner Through: Ms. Asha Jain Madan and Mr. Shiv Kumar, Advs. Versus NATIONAL FERTILIZER LIMITED Through: Mr. G. Joshi, Adv. ..... Respondent CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. Review is sought of the judgment dated 19th October, 2012 dismissing WP(C) No.2652/1999 preferred by the review applicant in the absence of the review applicant or his counsel, though on merits. The counsel for the respondent appears on advance notice. For the reasons stated in the review application explaining the absence of the review applicant and his counsel on 19th October, 2012 when the writ petition was taken up for hearing, an opportunity of addressing on merits has been given to the counsel for the review applicant/petitioner. Rev.P.689/2012 in WP(C) No.2652/1999 The counsel f...


Nov 23 2012

Universal Glass and anr. Vs. Kanudia Beverages Ltd. and ors.

Court: Delhi

Decided on: Nov-23-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.1452/2000 23rd November, 2012 % UNIVERSAL GLASS & ANR. ...... Plaintiffs Through: Mr. Anil Airi with Ms. Simar K. Narula & Ms. Shreya Bhandari, Advs. VERSUS KANUDIA BEVERAGES LTD. & ORS. ...... Defendants Through: Ms. Garima Prasad, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. The present suit has been filed by the plaintiffs/sellers of glass bottles, for recovery of Rs.34,52,683/- against the buyer/defendant no.1. Of the total amount claimed the amount of Rs.20,99,570/- is the principal amount. The defendant no.2 is pleaded to be liable jointly and severally with the defendant no.1 inasmuch as defendant no.2 is stated to have also undertaken to pay the amount to the plaintiffs.2. The facts of the case are that the plaintiffs are manufacturer of glass bottles. The defendant No. 2 is a multi-national company which sells soft drinks, including in glass bottles. The ...


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