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Delhi Court December 2012 Judgments

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Dec 10 2012

Saira Bano and ors. Vs. New India Assurance Company Ltd and ors

Court: Delhi

Decided on: Dec-10-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h December, 2012 + MAC. APP. 29/2012 SAIRA BANO & ORS. Through: ..... Appellants Mr. Anshuman Bal, Adv versus NEW INDIA ASSURANCE COMPANY LTD & ORS..... Respondents Through Mr. Sameer Nandwani, Adv. for R-1 Mr. Pankaj Seth, Adv. for R-5. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The present Appeal is allowed in terms of the judgment passed today in MAC.APP. 599/2011 titled NEW INDIA ASSURANCE COMPANY LTD. v. SAIRA BANO & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE DECEMBER 10 2012 vk...


Dec 10 2012

M/S Chiragh Cooperative House Building Society Ltd Vs. Delhi Developme ...

Court: Delhi

Decided on: Dec-10-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h December, 2012 % + LPA No.757/2012 HARISH BATRA & ORS. Through: ..... Appellants Mr. Sandeep P. Agarwal with Mr. Rajesh Patnale & Mr. K.A. Singh, Advs. Versus DELHI DEVELOPMENT AUTHORITY & ORS..... Respondents Through: Mr. Sushil Dutt Salwan & Ms. Latika Dutta, Advs. for DDA. Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Vaibhav Kalra & Ms. Neha Bhatnagar, Advs. for R-2. AND + LPA No.769/2012 M/S CHIRAGH COOPERATIVE HOUSE BUILDING SOCIETY LTD. & ANR. ..... Appellants Through: Mr. Amit Khemka with Mr. Rishi Sehgal & Mr. Sanorita D. Bharali, Advs. Versus DELHI DEVELOPMENT AUTHORITY & ORS..... Respondents Through: Ms. Anjana Gosain, Adv. for R-2. Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Vaibhav Kalra & Ms. Neha Bhatnagar, Advs. for R-3. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.These intra-court appeals impugn the common judgment dated 04.10.2012 of the learned Single Judge dismiss...


Dec 10 2012

Harish Batra and ors. Vs. Delhi Development Authority and ors

Court: Delhi

Decided on: Dec-10-2012

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h December, 2012 % + LPA No.757/2012 HARISH BATRA & ORS. Through: ..... Appellants Mr. Sandeep P. Agarwal with Mr. Rajesh Patnale & Mr. K.A. Singh, Advs. Versus DELHI DEVELOPMENT AUTHORITY & ORS..... Respondents Through: Mr. Sushil Dutt Salwan & Ms. Latika Dutta, Advs. for DDA. Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Vaibhav Kalra & Ms. Neha Bhatnagar, Advs. for R-2. AND + LPA No.769/2012 M/S CHIRAGH COOPERATIVE HOUSE BUILDING SOCIETY LTD. & ANR. ..... Appellants Through: Mr. Amit Khemka with Mr. Rishi Sehgal & Mr. Sanorita D. Bharali, Advs. Versus DELHI DEVELOPMENT AUTHORITY & ORS..... Respondents Through: Ms. Anjana Gosain, Adv. for R-2. Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Vaibhav Kalra & Ms. Neha Bhatnagar, Advs. for R-3. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.These intra-court appeals impugn the common judgment dated 04.10.2012 of the learned Single Judge dismiss...


Dec 10 2012

H.D.F.C Ltd Vs. Nirmal Singh

Court: Delhi

Decided on: Dec-10-2012

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:10. 12.2012 CS(OS) 3094/2011 H.D.F.C LTD Through: ..... Plaintiff Mr. Amit Trikha, Advocate versus NIRMAL SINGH ..... Defendant Through: None CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(ORAL) This is a suit filed under the provisions of Order 37 of the Code of Civil Procedure for recovery of Rs.35,44,239/-. The case of the plaintiff, which is a leading Housing Finance Company, is that defendant approached it for grant of a housing loan to the tune of Rs 37 lakh for purchase of a flat bearing No. 1053, 5th Floor, Tower-I, Shivkala CharmsGolf Course SAS Ltd. Plot No. 07, Sector Pi II, Greater Noida, District Gautam Budh Nagar, U.P. The plaintiff processed the application received from the defendant for grant of loan and sanctioned a loan of Rs 36,40,000/- to him. The loan was to carry interest at rate of 10% at variable/admissible rate of interest for a period of 20 years. Pursuant to sanction of the loan, the d...


Dec 10 2012

Pradeep Kumar Vs. Pukmani Devi

Court: Delhi

Decided on: Dec-10-2012

* THE HIGH COURT OF DELHI AT NEW DELHI + CM (M) 834/2012 Date of Decision:10. 12.2012 Petitioner PRADEEP KUMAR Through: Mr. Narendra, Advocate. Versus Respondent PUKMANI DEVI Through: Mr. Nirmal Singh, Advocate. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. This petition under Article 227 of the Constitution is directed against the judgment dated 28.4.2012 of ARCT, North-West, whereby the appeal filed by the petitioner herein against the order dated 16.07.2011 of ARC, was dismissed.2. The respondent had filed a petition of eviction on the ground of non-payment of rent under Section 14(1) (a) of the Delhi Rent Control Act (for short the Act) against the petitioner. The case of the respondent was that the petitioner was in arrears of rent w.e.f. 22.12.2004. It was the plea of the petitioner that he had deposited the demanded rent w.e.f. 1.12.2003 to 22.12.2004 under Section 27 of the Act on 7.3.2005, and thus, the petition for his eviction was not maintainable.3. The learn...


Dec 10 2012

Rajan Nanda Vs. Asstt. Commissioner of Income

Court: Delhi

Decided on: Dec-10-2012

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Dated of decision :10. 12.2012 + W.P.(C) 793/2007 RAJAN NANDA ..... Petitioner Through: Mr. R M Mehta and Mr. Simran Mehta, Advs. versus ASSTT. COMMISSIONER OF INCOME ... Respondent Through: Mr. Sanjeev Rajpal, sr. standing counsel with Mr. Puneet Gupta, jr. standing counsel CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR S. RAVINDRA BHAT,J: (OPEN COURT) The writ petitioner challenges the notice dated 31.3.2006 whereby the revenue sought to reopen the assessment in respect of the assessment year 1999-2000. The grievance in this proceeding under Article 226 is that (a) the assessing officer did not furnish reasons to believe under Section 148 of the Income Tax Act, 1961 (Act for short) within reasonable time and did so only on 5.12.2006 and (b) the assessing officer did not afford any opportunity to the writ petitioner while framing the reassessment through the order dated 26.12.2006 on the same day on which he passed the order ...


Dec 07 2012

Two Star Realty Private Limited and anr. Vs. --------------------

Court: Delhi

Decided on: Dec-07-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:7. 12.2012 Company Petition No. 378 of 2012 IN THE MATTER OF: TWO STAR REALTY PRIVATE LIMITED Transferor Company AND FOUR STAR REALTY PRIVATE LTD Transferee Company Through Mr. P. Nagesh & Rishi Sood Advocates for the Petitioner Companies Mr. K.S. Pradhan, Deputy Registrar of Companies for the Regional Director Mr. Rajiv Bahl, Advocate for the official Liquidator. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) This Second motion joint petition has been filed under Sections 391 to 394 of the Companies Act, 1956( hereinafter referred to as Act) by the petitioner Companies seeking sanction of the Scheme of Arrangement (hereinafter referred to as Scheme) The petitioner companies had earlier filed C.A. (M) No. 118 of 2012 seeking directions of this Court for dispensation of the meetings. Vide Order dated 23rd July 2012, this court allowed the application and dispensed with the requirement of convening meetings ...


Dec 07 2012

M/S Legrand India Pvt. Ltd. and ors. Vs. Commissioner Trade and Taxes ...

Court: Delhi

Decided on: Dec-07-2012

% + *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h December, 2012 W.P.(C) No.4236/2012 SALES TAX BAR ASSOCIATION (REGD.) ..... Petitioner Through: Mrs. P.L. Bansal, Sr. Adv. with Mr. Avadh Kaushik & Mr. Ruchir Bhatia, Advs. Versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Parag P. Tripathi, Sr. Adv. with Ms. Avnish Ahlawat, Mr. Nitesh Kumar Singh, Adv. AND + W.P.(C) No.5711/2012 M/S LEGRAND INDIA PVT. LTD. & ORS. ..... Petitioners Through: Mr. Bhagwati Prasad, Adv. Versus COMMISSIONER TRADE & TAXES & ANR. ..... Respondents Through: Mr. Vineet Bhatia, Adv. for R-1. AND + W.P.(C) No.10932/2009 S.D. ENTERPRISES ..... Petitioner Through: Mr. Avadh Bihari Kaushik, Adv. Versus GOVT. OF NCT OF DELHI & ANR ..... Respondents Through: Mr. Parag P. Tripathi, Sr. Adv. with Ms. Avnish Ahlawat, Mr. Nitesh Kumar Singh, Adv. AND + W.P.(C) No.7030/2010 SUNRISE SPORTS (INDIA) PVT. LTD. ..... Petitioner Through: Mr. Avadh Bihari Kaushik, Adv. Versus GOVT. OF NCT OF DELHI ...


Dec 07 2012

Sales Tax Bar Association (Regd.) Vs. Govt. of Nct of Delhi and ors

Court: Delhi

Decided on: Dec-07-2012

% + *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h December, 2012 W.P.(C) No.4236/2012 SALES TAX BAR ASSOCIATION (REGD.) ..... Petitioner Through: Mrs. P.L. Bansal, Sr. Adv. with Mr. Avadh Kaushik & Mr. Ruchir Bhatia, Advs. Versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Mr. Parag P. Tripathi, Sr. Adv. with Ms. Avnish Ahlawat, Mr. Nitesh Kumar Singh, Adv. AND + W.P.(C) No.5711/2012 M/S LEGRAND INDIA PVT. LTD. & ORS. ..... Petitioners Through: Mr. Bhagwati Prasad, Adv. Versus COMMISSIONER TRADE & TAXES & ANR. ..... Respondents Through: Mr. Vineet Bhatia, Adv. for R-1. AND + W.P.(C) No.10932/2009 S.D. ENTERPRISES ..... Petitioner Through: Mr. Avadh Bihari Kaushik, Adv. Versus GOVT. OF NCT OF DELHI & ANR ..... Respondents Through: Mr. Parag P. Tripathi, Sr. Adv. with Ms. Avnish Ahlawat, Mr. Nitesh Kumar Singh, Adv. AND + W.P.(C) No.7030/2010 SUNRISE SPORTS (INDIA) PVT. LTD. ..... Petitioner Through: Mr. Avadh Bihari Kaushik, Adv. Versus GOVT. OF NCT OF DELHI ...


Dec 07 2012

M/S Rexcel Pharmaceuticals Ltd. and ors. Vs. --------------

Court: Delhi

Decided on: Dec-07-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:7. 12.2012 Company Petition No. 385 of 2012 IN THE MATTER OF: M/S. REXCEL PHARMACEUTICALS LTD & ORS. ..Petitioners Through : Mr. Amit Sibal, Mr. Amit Mishra and Mr. Siddharth Dutta, Advocates for the Petitioners. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) This Second Motion joint Petition has been filed under Sections 391 & 394 of the Companies Act, 1956 by Petitioner/Transferor Companies No. 1, 2 and 3 seeking sanction of the Scheme of Amalgamation of (i) Rexcel Pharmaceuticals Limited (Transferor Company No. 1); (ii) Solus Pharmaceuticals Limited (Transferor Company No. 2); (iii) Ranbaxy Drugs and Chemical Company (Transferor Company No. 3); (iv) Ranbaxy Life Sciences Research Limited (Transferor Company No. 4); and (iv) Ranbaxy SEZ Limited (Transferor Company No.5) into Ranbaxy Drugs Limited (Transferee) and their respective Shareholders and Creditors. The registered office of Petitioner/Transferor ...


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