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Delhi Court December 2012 Judgments

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Dec 05 2012

Surinder Kaur Chhabra and ors. Vs. Kusum and ors.

Court: Delhi

Decided on: Dec-05-2012

$ R-95 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h December, 2012 + MAC. APP. 646-648/2005 SURINDER KAUR CHHABRA & ORS. ..... Appellant Through: Ms. Suman Bagga, Advocate. Versus KUSUM & ORS. Through: ..... Respondents Mr. L.K. Tyagi, Advocate for the Respondent No.3 CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The Appeal is for enhancement of compensation of `11,10,000/- awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of the Appellants for the death of Ajit Singh Chhabra who died in a motor vehicle accident which occurred on 14.6.1997.2. In the Claim Petition filed by the Appellants, it was claimed that the deceased was a government contractor, promoter and dealer of real estate. He had an income of about `4,50,000/-. Thus, a compensation of `30,00,000/- was claimed by the legal representatives of the deceased.3. During inquiry before the Claims Tribunal, the First Appellant filed her affidavit by way of her ...


Dec 05 2012

National Insurance Co. Ltd. Vs. Prem Prasad Bhandari and ors.

Court: Delhi

Decided on: Dec-05-2012

$ 12 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:5. h December, 2012 + MAC. APP. 82/2012 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. D.K. Sharma, Advocate. Versus + PREM PRASAD BHANDARI & ORS. ..... Respondents Through: Mr. S.N. Parashar, Advocate for the Respondent No.1. Mr. Vegeesh Sharma, Advocate for the Respondent No.2. MAC. APP. 86/2012 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. D.K. Sharma, Advocate. Versus CHANDER LAL & ORS. Through: ..... Respondents Mr. S.N. Parashar, Advocate for the Respondent No.1 & 2. Mr. Vegeesh Sharma, Advocate for the Respondent No.3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. By virtue of these Appeals, the Appellant National Insurance Co. Ltd. challenges its liability to pay the compensation awarded on the ground that the First Respondent (in MAC.APP.82/2012) and deceased Vishnu Prasad Bhandari (in MAC.APP.86/2012) were travelling as gratuitous passengers in the offending ve...


Dec 05 2012

Manika Rani Ghosh and ors. Vs. Dharwinder Kaur

Court: Delhi

Decided on: Dec-05-2012

* THE HIGH COURT OF DELHI AT NEW DELHI + R. C. Rev. 512/2012 Date of Decision:05. 12.2012 MANIKA RANI GHOSH & ORS. Through: ...Petitioner Mr. M. M. Kalra & Mr. Kunal Kalra, Advs. Versus DHARWINDER KAUR ...Respondent Through: Nemo CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.1. The present petition has been filed under Sec. 25B(8) of the Delhi Rent Control Act against the order passed by the Ld. Rent Controller Sh. Sandeep Yadav, Saket Court in Eviction Petition No. 32/10, decided on 08.06.2012; whereby the Ld. RC has dismissed the application filed by the petitioners.2. Briefly stating the facts, the landlady/respondent herein, a senior citizen filed petition for eviction before the Ld. RC under Sec. 14(1)(e) of the Delhi Rent Control Act, stating that the tenanted shop was bona fide required by her to start a business of wholesale and retail selling of readymade ladies/gents suits, with the help of her retired husband. The landlady/respondent submitted that she wanted to start t...


Dec 05 2012

Commissioner of Income Tax Vs. M/S K.R.B.L. Limited

Court: Delhi

Decided on: Dec-05-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:20. h November, 2012 Date of Decision:5. h December, 2012 % + ITA 20.of 2009 COMMISSIONER OF INCOME TAX .....Appellant Through: Mr. N.P. Sahni, Senior Standing Counsel with Mr. Ruchesh Sinha, Advocate. Versus M/S K.R.B.L. LIMITED Through: + ......Respondent Mr. S. K. Aggarwal, Advocate. ITA 20.of 2009 COMMISSIONER OF INCOME TAX .....Appellant Through: Mr. N.P. Sahni, Senior Standing Counsel with Mr. Ruchesh Sinha, Advocate. Versus M/S K.R.B.L. LIMITED Through: + ......Respondent Mr. S. K. Aggarwal, Advocate. ITA 22.of 2009 COMMISSIONER OF INCOME TAX .....Appellant Through: Mr. N.P. Sahni, Senior Standing Counsel with Mr. Ruchesh Sinha, Advocate. Versus M/S K.R.B.L. LIMITED Through: ITA Nos.201, 207, 228 and 419 of 2009 ......Respondent + ITA 41.of 2009 COMMISSIONER OF INCOME TAX .....Appellant Through: Mr. N.P. Sahni, Senior Standing Counsel with Mr. Ruchesh Sinha, Advocate. Versus M/S K.R.B.L. LIMITED Through: ......Respondent Mr. ...


Dec 05 2012

Sh. Chand Singh Vs. Sigma Industries Corporation

Court: Delhi

Decided on: Dec-05-2012

* + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) No. 21076/2005 Reserved on:30. h November, 2012 % Decided on:5. h December, 2012 SH. CHAND SINGH ..... Petitioner Through: In person. versus SIGMA INDUSTRIES CORPORATION ..... Respondent Through: Mr. Raj Rishi, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA 1 By the present petition the Petitioner seeks setting aside of the award dated 23rd July, 2003 passed by the Presiding Officer, Labour Court in an Industrial Dispute No. 275/1002 wherein the learned Labour Court held that the workman had abandoned his job by absenting from work and not joining despite letters written to him by the Management and he was never terminated and thus refused to grant him any relief.2. The Petitioner, who appears in person, was asked if he wanted legal aid. However, the Petitioner specifically denied the same and staed that he would contest the case on his own. He contends that the action of the Management in not allowing the Petitioner to join the duty de...


Dec 05 2012

N.J.Devani Builders P.Ltd. Vs. Indian Farmers Fertilizer Cooperative L ...

Court: Delhi

Decided on: Dec-05-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:17. 09.2012 % + Judgment delivered on:05. 12.2012 FAO(OS) No. 483/2008 N.J.DEVANI BUILDERS P.LTD. Through: ..... Appellant Mr. Sameer Parekh, Mr.D.P.Mohanty, Mr. Kshtrashal Raj, Mr. Galav Sharma & Ms. Sarabjyot Walia, Advocates versus INDIAN FARMERS FERTILIZER COOPERATIVE LTD. .. Respondent Through: Mr. Ravinder Sethi, Sr. Advocate with Mr. Manoj Verma & Mr. Rajiv Kumar Ghawana, Advocates. CORAM: HONBLE MR. JUSTICE SANJAY KISHAN KAUL HONBLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.1. The appellant, by way of the present appeal under Section 39 (1)(vi) of the Arbitration Act, 1940 (hereinafter referred to as the Act), seeks setting aside of order dated 22.09.2008 in CS (OS) No. 1817A of 1997, being objections under Section 30 of the Act to the arbitral award dated 25.07.1997. By the impugned order, the Ld. Single Judge has dismissed the objections preferred by the appellant.2. The dispute between the parties related...


Dec 05 2012

Pratibha Finvest P. Ltd. Vs. Ito Ward 14(3), New Delhi

Court: Delhi

Decided on: Dec-05-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7538/2012 ITA 307/2012 Date of decision:05. 12.2012 PRATIBHA FINVEST P.LTD ..... Petitioner Through : Sh. K.R. Manjani, Advocate. versus ITO WARD 1 (3) , NEW DELHI ..... Respondent Through : Sh. Karan Khanna, Sr. Standing Counsel. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % 1. The assessee is aggrieved by an order of the Income Tax Appellate Tribunal (ITAT) dated 10.01.2011; it seeks to appeal under Section 260A of the Income Tax Act. The question of law sought to be urged in the said appeal is: Whether the Tribunal fell into error in upholding the addition of Rs.1,10,896/- as income earned by way of commission for providing accommodation entries? 2. In the writ petition, the order of the ITAT, refusing to entertain the appellants application under Section 254(2) and rectify its order made in W.P.(C) 7538/12 & ITA 307/12 Page 1 the appeal, has been impugned.3. The brief facts ...


Dec 05 2012

Klj Estates Pvt. Ltd. and ors. Vs. -----------------------

Court: Delhi

Decided on: Dec-05-2012

$~A32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:5th December, 2012 % + CO.APPL.(M) 186/2012 KLJ ESTATES PVT LTD ..... Transferor/ Applicant Company No. 1 AND HP BUILDWELL PVT LTD ..... Transferor/ Applicant Company No. 2 AND HAMLOG BUILDERS PVT. LTD ..... Transferor/ Applicant Company No. 3 AND LUBHAVANI ESTATE PVT. LTD. ..... Transferor/ Applicant Company No. 4 AND CHETNA ESTATE PVT LTD ..... Transferor/ Applicant Company No. 5 AND PA BUILDWELL PVT LTD C.A. (M) No. 186/2012 ..... Transferor/ Applicant Company No. 6 Page 1 of 4 AND UJJAVAL CONSUMABLE GOODS PVT. LTD. .Transferor/ Applicant Company No. 7 AND CADILLAC BUILDWELL PVT. LTD. ..... Transferor/ Applicant Company No. 8 AND MP BUILDCON PVT. LTD. ..... Transferor/ Applicant Company No. 9 WITH KLJ DEVELOPERS PVT LTD Through: ..... Transferee/ Company Mr. Rakesh Kumar, Adv. for the CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral) 1. This is a first motion joint Application under Sections 391 and 39...


Dec 05 2012

Jagdish Lal Khorana Vs. Hemant Arora

Court: Delhi

Decided on: Dec-05-2012

* THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:05. 12.2012 + RC.REV. 282/2012 JAGDISH LAL KHORANA Through: versus HEMANT ARORA Through: + RC.REV. 283/2012 JAGDISH LAL KHORANA Through: versus GOPAL DASS ..... Petitioner Mr.Tanuj Khurana, Adv. ..... Respondent Mr.Bharat Deepak, Adv. with Mr.Lalan Sinha, Adv. ..... Petitioner Mr.Tanuj Khurana, Adv. Through: + ..... Respondent Mr.Bharat Deepak, Adv. with Mr.Lalan Sinha, Adv. RC.REV. 284/2012 JAGDISH LAL KHORANA Through: versus ..... Petitioner Mr.Tanuj Khurana, Adv. RAM AVTAR Through: + ..... Respondent Mr.Bharat Deepak, Adv. with Mr.Lalan Sinha, Adv. RC.REV. 286/2012 JAGDISH LAL KHORANA Through: versus ..... Petitioner Mr.Tanuj Khurana, Adv. DEVI CHAND Through: R.C. Rev.282 to 284 & 286 of 2012 ..... Respondent Mr.Bharat Deepak, Adv. with CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. By this common judgment, all the aforesaid revision petitions under Section 25-B(8) of the Delhi Rent Control Act (for short the Act)...


Dec 05 2012

Madan Lal Vs. Sukhesh Chand Gupta

Court: Delhi

Decided on: Dec-05-2012

* THE HIGH COURT OF DELHI AT NEW DELHI + C.M. (M.) 1061/2012 Date of Decision:5. 12.2012 MADAN LAL Through: ...Petitioner Mr.R.Rao, Advocate with Mr.Ankur Mahindro, Advocate. Versus SUKHESH CHAND GUPTA Through: ...Respondent CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.1. This petition under Article 227 of the Constitution is directed against the order dated 30.08.2011 of Addl. Rent Control Tribunal (ARCT), whereby the appeal filed by the petitioner against the judgment dated 30.11.2010 of Rent Controller, New Delhi, was dismissed.2. The petitioner is a tenant in respect of one shop No. 43, Block No. 1, Bengali Mal Market, New Delhi under the respondent. The suit shop came in the exclusive ownership of the respondent vide a partition deed dated 9.6.2000 executed between the co-owners. The petitioner attorned to the respondent and paid him rent for the period from 1.4.1999 to 31.3.2000. The petitioner having failed to pay the rent, thereafter, a demand notice dated 26.4.2002 was i...


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