Delhi Court December 2012 Judgments
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Shri Suraj Bhan and anr Vs. Govt. of Nct of Delhi Through the Financia ...
Court: Delhi
Decided on: Dec-12-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + % LPA No.804/2012 SHRI SURAJ BHAN & ANR ....Appellants Through: Ms. Geeta Mehrotra, Adv. Versus GOVT. OF NCT OF DELHI THROUGH THE FINANCIAL COMMISSIONER & OTHERS ..... Respondents Through: Mr. Mirza Amir Baig, Adv. for Mr. Anjum Javed, Adv. for R-1. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The factual matrix of this appeal needs to be elucidated, for proper appreciation, as under: a) The appellants claim to have been in possession of land admeasuring 10 Bigha 15 Biswas situated in the revenue estate of village Narela, Delhi since prior to the year 1980-81. b) They further claim that their cultivatory possession of the said land was also being shown in the revenue records; however upon the Delhi Government passing an order that Khasra Girdawai should be recorded only in favour of the recorded owner, their cultivatory possession of the said land was not be...
Suresh and ors. Vs. Reliance General Insurance Co. Ltd.
Court: Delhi
Decided on: Dec-12-2012
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC. APP. 221/2011 SURESH & ORS. Through: ..... Appellant Mr. Navneet Goyal with Ms. Suman N. Rawat, Advocates Versus RELIANCE GENERAL INSURANCE CO. LTD. ..... Respondents Through: Mr. Sameer Nandwani, Advocate CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is dismissed in terms of the judgment passed today in MAC.APP.672/2011 titled RELIANCE GENERAL INSURANCE CO. LTD. v. JYOTI & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 12 2012 pst...
Reliance General Insurance Co. Ltd Vs. Master Vikram and ors.
Court: Delhi
Decided on: Dec-12-2012
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC. APP. 1086/2011 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate. Versus MASTER VIKRAM & ORS. Through: ..... Respondents None CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is disposed of in terms of the judgment passed today in MAC.APP.1081/2011 titled RELIANCE GENERAL INSURANCE CO. LTD. v. ANKIT MAHESHWARI & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 12 2012 pst...
Shourya Towers Pvt Ltd Vs. Dcit
Court: Delhi
Decided on: Dec-12-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :22. 11.2012 Decided on :12. 12.2012 + ITA 170/2012 SHOURYA TOWERS PVT LTD ..... Appellant Through : Sh. Anoop Sharma, Advocate. versus DCIT ..... Respondent Through : Sh. Sanjeev Sabharwal, Sr. Standing Counsel with Sh. Puneet Gupta, Jr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V.EASWAR MR. JUSTICE S.RAVINDRA BHAT % 1. Facts: This is an assesses appeal under Section 260-A of the Income Tax Act 1961 (the Act) assailing the order of the Income Tax Appellate Tribunal, Delhi Bench (ITAT) dated 25-3-2011 in ITA No. 701/D/09. The assessee urges that the substantial question which arises in this case, is that the ITAT erred in not applying clause (2) to Explanation 5 to Section 271 (1) (c) of the Act, in the facts and circumstances of the present case. ITA 170/2012 Pag2. The facts of the case are that the assessee filed a return of income on 31.10.2005 declaring total loss of `.19,08,840/-. There...
J.P. Tiwari Vs. Union of India and ors.
Court: Delhi
Decided on: Dec-12-2012
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 % + WP(C) No.7724/2012 J.P. TIWARI ..... Petitioner Mr. A.N. Tiwari, Adv. Through: Versus UNION OF INDIA & ORS. Through: ..... Respondents Mr. Neeraj Chauhan & Mr. Ravjyot Singh, Advs. for UOI. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The petition seeks a declaration that Sections 138 and 142 of the Negotiable Instruments Act, 1881 (NIA) are ultra vires the Constitution of India.2. The petitioner claims to be an exporter of readymade garments who had purchased material therefor viz. cloth, thread, buttons etc. on credit ranging from 60 to 90 days and had issued cheques with the understanding that the same will be presented as and when export sale proceeds are received. It is further the case of the petitioner, that owing to a fire in his crores were destroyed; that the insurers of the said goods have failed to compensate the said loss and which has led the...
Oriental Insurance Co. Ltd. Vs. Radha and ors.
Court: Delhi
Decided on: Dec-12-2012
$ 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC. APP. 1017/2011 ORIENTAL INSURANCE CO. LTD. ..... Appellants Through: Mr. J.P.N. Shahi, Advocate. Versus RADHA & ORS. Through: ..... Respondents Mr.A. Shankar with Mr. J.K. Mishra, Advocates for the Respondents No.1 to 7. Mr. S.N. Parashar, Advocate for the Respondents No.8 & 9. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for reduction of compensation of `11,11,500/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Respondents No.1 to 7 for the death of Ram Bahadur who died in a motor vehicle accident which occurred on 08.02.2009.2. The finding on negligence reached by the Claims Tribunal is not challenged by the Appellant Insurance Company; thus the same has attained finality.3. During inquiry before the Claims Tribunal, it was claimed that the deceased was employed as a security guard and was earning `5,000/- per mont...
Farid Ahmed Vs. the Chief Settlement Commissioner (E.P. Cell) and an
Court: Delhi
Decided on: Dec-12-2012
* THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:15. 10.2012 Judgment Delivered on:12. 12.2012 % + WP(C) 8072/2011 & CM No. 18178/2011 FARID AHMED ...... Petitioner Vs THE CHIEF SETTLEMENT COMMISSIONER (E.P. CELL) & ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner: Mr S.H. Nizami, Advocate. For the Respondents: Mr Arun Birbal, Advocate. CORAM :HON'BLE MR JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J 1.The present writ petition seeks restoration of the certain properties (the details of which are given hereinafter) and payment of rents/damage/license fee earned therefrom qua the said properties, which were acquired way back in the early part of 1950, under the provisions of Administration of Evacuee Property Ordinance No. 27 of 1949 (hereinafter referred to as 1949 Ordinance), on the ground that the said properties were evacuee properties. 1.1 The ownership qua these properties was claimed by one Munshi Inayat Ahmed. The properties were, however, acqu...
Reliance General Insurance Co. Ltd. Vs. Shouket Ali and ors.
Court: Delhi
Decided on: Dec-12-2012
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC. APP. 1085/2011 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate. Versus SHOUKET ALI & ORS. Through: ..... Respondents None CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is disposed of in terms of the judgment passed today in MAC.APP.1081/2011 titled RELIANCE GENERAL INSURANCE CO. LTD. v. ANKIT MAHESHWARI & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 12 2012 pst...
New India Assurance Company Ltd Vs. Girdhari Lal and ors.
Court: Delhi
Decided on: Dec-12-2012
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC.APP. 971/2012 NEW INDIA ASSURANCE COMPANY LTD. ....... Appellant Through: Mr. Soumik Mazumdar, Advocate versus GIRDHARI LAL & ORS. Through: ..... Respondents Mr. K.K.Dubey, Advocate for R-1 & 2 CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appellant Insurance Company challenges the quantum of compensation of ` 14,80,528/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents No.1 and 2 for the death of Smt. Prabha, who died in a motor vehicle accident which occurred on 05.03.2011.2. The finding on negligence is not challenged by the Appellant Insurance Company. Thus, the same has attained finality.3. During the inquiry before the Claims Tribunal, it was claimed that deceased Smt. Prabha was a housewife and also self employed earning ` 8,000/- per month.4. On appreciation of evidence, the Claims Tribunal found that the deceased was a...
Reliance General Insurance Co. Ltd. Vs. Ajay Pal Singh and ors.
Court: Delhi
Decided on: Dec-12-2012
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. h December, 2012 + MAC. APP. 1082/2011 RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani, Advocate. Versus AJAY PAL SINGH & ORS. Through: ..... Respondents None CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is disposed of in terms of the judgment passed today in MAC.APP.1081/2011 titled RELIANCE GENERAL INSURANCE CO. LTD. v. ANKIT MAHESHWARI & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 12 2012 pst...
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