Delhi Court November 2012 Judgments
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Nisha Gupta and Others Vs. Gkb Optolab Pvt Ltd
Court: Delhi
Decided on: Nov-01-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: November 01, 2012 CS(OS) 1597/2011 NISHA GUPTA & OTHERS Through ..... Plaintiffs Mr. B.B. Gupta, Advocate versus GKB OPTOLAB PVT LTD Through ..... Defendant Mr. Gautam Gupta, Advocate CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) 1. This is a suit for ejectment and recovery of money. The plaintiffs are the owners of a shop admeasuring 550 square feet on the ground floor of property no. G-27, NDMC Part-I, New Delhi. Initially, the property was owned by plaintiff nos. 1, 3 and two HUFs namely S.N. Gupta and Sons (HUF) and Manoj Gupta and Sons (HUF). It was let out by plaintiff nos. 1, 3 and the two aforesaid HUFs to the defendant vide lease deed dated 28th April, 2005. During subsistence of the lease, the two HUFs i.e. S.N. Gupta and Sons (HUF) and Manoj Gupta and Sons (HUF) sold their respective shares in the property to plaintiff nos. 2 and 3 vide sale deed dated 30th May, 2007. The premises in question w...
S.S. Sinha Vs. Hcl Technologies Ltd. and anr.
Court: Delhi
Decided on: Nov-01-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI (Not reportable) F-226 + OMP No. 684 of 2007 S.S. SINHA ..... Petitioner Through: Mr. Krishna Kumar with Mr. Pradeep Kumar, Advocates. Versus HCL TECHNOLOGIES LTD & ANR ..... Respondents Through: Ms. Anita Bahri with Mr. Gaurav Puri, Advocates. CORAM: JUSTICE S. MURALIDHAR % ORDER 01 11.2012 1. The challenge in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) is to an impugned Award dated 5th July 2007 passed by the learned sole Arbitrator in the dispute between the Petitioner, Mr. S.S. Sinha, and the Respondent No. 1, HCL Technologies Limited (HCL). By the impugned Award, the learned Arbitrator allowed the claims filed by the HCL in the sum of Rs. 22 lakhs together with interest @ 8% per annum from 1st March 1999 till the date of actual payment and rejected the counter claim filed by the Petitioner.2. The background to the present petition is that the Petitioner was issued a letter of appointment dated 20th Se...
M/S Pt. Munshi Ram and Assocates Vs. Dda
Court: Delhi
Decided on: Nov-01-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:18. 10.2012 Date of Decision:01. 11.2012 + FAO (OS) 734/2006 M/S PT. MUNSHI RAM & ASSOCATES ... Appellant Through : Mr. Sandeep Sharma, Advocate. versus DDA Through : ... Respondent Mr. Arun Birbal, Advocate. AND + FAO (OS) 59/2007 DDA & ANR. ... Appellants Through : Mr. Arun Birbal, Adv. versus PT.MUNSHI RAM & ASSOCIATES (P) LTD. ... Respondent Through : Mr. Sandeep Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE VIPIN SANGHI SANJAY KISHAN KAUL, J.1. M/s. Pt. Munshi Ram & Associates (P) Ltd. (hereinafter referred to as, the Contractor) was awarded the work of construction of dwelling units in Vasant Kunj, New Delhi by Delhi Development _____________________________________________________________________________________________________ Authority (hereinafter referred to as, DDA) vide Agreement No. 18/EE/HD-II/84-85. One of the sites where flats were to be constructed was in SectorC, Pocket9, Vasa...
Yahoo Properties Pvt. Ltd. Vs. Bhai Manjit Singh and anr
Court: Delhi
Decided on: Nov-01-2012
$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 510/2005 YAHOO PROPERTIES PVT. LTD. ..... Plaintiff Through Mr. S P Kalra, Sr. Adv. with Mr. Rajiv Kapoor, Mr. Avinash Mishra, Adv. versus BHAI MANJIT SINGH AND ANR. ..... Defendant Through Mr. Amit S Chadha, Sr. Adv. with Mr. Alok Kumar Aggarwal and Mr. Kunal Sinha, Adv. Mr. Neeraj Chaudhari, Adv. for CGSC with Ms. Neha Singh, Adv. for D-9 CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR % ORDER 01 11.2012 IA No 13108/2012 By this application filed under Order 14 Rule 2(2) (b) moved by defendant nos. 1 to 4, they seek direction to treat issue no. 7 as a preliminary issue. Addressing arguments on this application, Mr. Amit Chadha, learned Senior Advocate appearing for the defendant nos.1 to 4 submit that vide order dated 9.12.2005, this Court had framed the issues arising out of the pleadings of the parties and one of the issues framed was issue no. 7, onus of which was placed on the plaintiff to prove that the plaintiff was always read...
Darwan Singh Aswal and ors. Vs. the United India Insurance Company Ltd ...
Court: Delhi
Decided on: Nov-01-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t November, 2012 + MAC. APP. 97/2012 DARWAN SINGH ASWAL & ORS. ... Appellants Through: Mr.Kundan Kumar Lal, Adv. versus THE UNITED INDIA INSURANCE COMPANY LTD. & ORS. ..... Respondents Through: Mr. Sameer Nandwani, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellants who are the legal representatives of deceased Smt. Dilla Devi take exception to a judgment dated 01.10.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding compensation of `4,99,300/-, 30% of the compensation was deducted on the ground that there was contributory negligence as three persons were riding on a two wheeler which meet with an accident with truck not DL1GB-3276.2. At the time of hearing of the Appeal the only ground raised by the learned counsel for the Appellants is that there was no material produced by the Respondents to prove that there was any contributory ...
Oriental Insurance Co. Ltd. Vs. Nirmala and ors.
Court: Delhi
Decided on: Nov-01-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:1. t November, 2012 + MAC.APP. 869/2010 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr.Pradeep Gaur, Advocate versus NIRMALA & ORS. Through: + ..... Respondents Mr.S.K.Pandey, Adv for R- 1 and 2 Mr.S.C. Phogat, Adv for R- 3 and 4 MAC.APP. 1151/2012 NIRMALA & ANR Through: ..... Appellants Mr.S.K.Pandey, Adv versus ORIENTAL INSURANCE CO. LTD & ORS. ..... Respondents Through: Mr.Pradeep Gaur, Advocate CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Cross-Objections filed by Respondents No.1 and 2 be registered as MAC APP. No. 1151/2012.2. These two Appeals arise out of a judgment dated 04.10.2010 whereby a compensation of Rs.3,75,000/- was awarded in favour of Respondents No.1 and 2 for the death of a minor Master Jeetu in a motor vehicle accident which occurred on 11.5.2007.3. For the sake of convenience, the Appellant in MAC APP No.869/2010 shall be referred as the Insurance Company and the ...
Flemingo Duty Free Shop Pvt. Ltd. and anr. Vs. Union of India and ors.
Court: Delhi
Decided on: Nov-01-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:15. 10.2012 Date of Decision:01. 11.2012 + W.P.(C) 6110/2012 FLEMINGO DUTY FREE SHOP PVT. LTD. AND ANR. ... Petitioners Through : Mr. Ashok Desai and Mr. Arvind Nigam, Sr. Advs. with Mr. Arunabh Chowdhury, Mr. Parthiv Goswami, Mr. Raktim Gogoi, Mr. Vaibhav Tomar and Mr. Gainilung Panmei, Advs. versus UNION OF INDIA & ORS. Through : ... Respondents Mr. Sumeet Pushkarna, CGSC with Mr. Varun Dubey, Adv. for R1/UOI. Mr. Rajiv Nayar, Sr. Adv. with Mr. Digvijay Rai, Adv. for Rs2 & 3/AAI. Mr. Sandeep Sethi, Sr. Adv. with Mr. Rishi Agarwala and Mr. Akshay Ringe, Advs. for R 4 / IL&FS. CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE VIPIN SANGHI SANJAY KISHAN KAUL, J.1. Respondent No. 2, namely, Airports Authority of India (hereinafter referred to as, AAI) was desirous of developing, operating and maintaining duty-free outlets at Chennai and ___________________________________________________________________________________...
Harbans Singh and anr. Vs. State and anr.
Court: Delhi
Decided on: Nov-01-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI % CRL.M.C. 2604/2012 Date of Decision:1. t November, 2012 + # ! HARBANS SINGH & ANR. ....Petitioners Through: Mr. Khushbir Singh, Advocate along with petitioners in person Versus $ * STATE & ANR. Through: .Respondents Mr. M.N. Dudeja, APP for the State with SI Umed Singh PS Nangloi Mr. Sanjay Srivastava, Advocate for the complainant with complainant in person CORAM: HON'BLE MR. JUSTICE P.K.BHASIN ORDER P.K.BHASIN, J: The petitioners-accused, who are father and son, have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 and the prayer made therein is for quashing the criminal proceedings arising out of FIR No. and going on in the Court of Additional Sessions Judge against them for the commission of the offences punishable under Sections 308/452/427/34 IPC.2. The petitioners are being prosecuted for their having caused injuries with saria and sword to respondent no. 2 herein in an incident which took place on 19th May,...
Kiwanis Club of New Delhi Vs. Director of Income Tax (Exemptions)
Court: Delhi
Decided on: Nov-01-2012
$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t November, 2012 + W.P. (C) 6964/2009 KIWANIS CLUB OF NEW DELHI ..... Petitioner Through: Mr. Saurabh Jain, Advocate. versus DIRECTOR OF INCOME TAX (EXEMPTIONS) ..... Respondents Through: Ms. Gayatri Verma, Advocate on behalf of Mr. Sanjeev Sabharwal, Sr. Standing Counsel for the Revenue. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR R. V. EASWAR, J: (OPEN COURT) 1. The petitioner in this writ petition is the Kiwani club of New Delhi which was registered as a charitable organisation under Section 12A of the Income Tax Act, 1961 (Act, for short). Its President is a citizen of India. In respect of the assessment year 1998-99, relevant for the financial year that ended on 31.03.1998, the assessee received rents from its properties. While remitting the rent, the tenants had deducted tax and deposited the same with the banks. The following are the details of the tax deducted from the rents: - Name T.D.S. Amount...
Laguna Holdings Pvt. Ltd. and ors Vs. Eden Park Hotels Pvt. Ltd. and o ...
Court: Delhi
Decided on: Nov-01-2012
$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:17.10.2012 Judgment delivered on:01.11.2012 + CO.PET. 62/2008 and CO. APPL. NOS. 263-264/2008, 405/2008, 455/2008, 662/2008, 1176/2008, 1274/2008, 968/2009, 1089- 1090/2009, 237/2011, 385/2011 LAGUNA HOLDINGS PVT. LTD. & ORS ..... Petitioners Through Mr. Rajiv Sahwahney, Sr. Adv. with Mr.Vivek Kohli and Mr. Karn Gupta, Advs. versus EDEN PARK HOTELS PVT. LTD. & ORS ..... Respondents Through Mr P.V. Kapur, Sr Advocate with Ms. Anuradha Dutt , Mr.Pawan Sharma, Ms. Ekta Kapil, Mr.Siddharth Aggarwal, Mr. Aman Anand, Ms.Anubha Singh & Ms.Divya Bhalla, Advocates. INDERMEET KAUR, J.1 The petitioners (hereinafter referred to as the DKG Group) seek winding up of the respondent company (Eden Park Hotels Pvt. Ltd.) under Section 433 (c) & (f) of the Companies Act. There are four petitioners before this Court. Petitioner no.2 (Davinder Kumar Jain) had special relations with respondent no.3 (Sushil Kumar Gupta); they were close fa...
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