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Delhi Court February 2012 Judgments

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Feb 08 2012

Delhi Development Authority Vs. M/S.Associates Builders

Court: Delhi

Decided on: Feb-08-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : February 02, 2012 Judgment Pronounced on: February 08, 2012 + FAO(OS) 667/2006 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through: Mr.Bhupesh Narula, Advocate. versus M/S.ASSOCIATES BUILDERS ....Respondent Through: Mr.B.K.Dewan, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J..1. Two issues need to be sorted out in appeal which lay a challenge to the order dated 03.04.2006 dismissing objections filed by DDA pertaining to `8,27,960/- and `7,20,000/- awarded by the learned Arbitrator to the respondent; the first sum being awarded under Claim No.9, 10, 11 and 15 considered together and the second sum being awarded for Claims No.12 and 13 considered together..2. The respondent was awarded a construction work by the appellant as per Agreement 12/EE/ED-9/92-93. The total contract value was `87,66,678/- but work was executed only in sum of `62,84,845/- and even for...


Feb 08 2012

Commissioner of Income Tax Vs. M/S Jagat Novel Exhibitors

Court: Delhi

Decided on: Feb-08-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL NOS. 7/2006, 2/2006, 3/2006, 4,2006, 5/2006, 8/2006, 10/2006, 11/2006, 17/2006 and 22/2006 Reserved on: 28th November, 2011 % Date of Decision: 8th February, 2012 COMMISSIONER OF INCOME TAX ...Appellant Through Mr. Kamal Sawhney, Sr. Standing Counsel and Mr. Amit Srivastava, Advocate. VERSUS M/S JAGAT NOVEL EXHIBITORS PRIVATE LIMITED .....Respondent Through Mr. Kaanan Kapur, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR SANJIV KHANNA, J.: The aforesaid appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961 (Act, for short) relate to the assessment years 1989-90 and 1992-93 to 1995-96. The respondent-assessee is common; Jagat Novel Exhibitors Private Limited..2. In ITA Nos. 4/2006, 7/2006, 11/2006, 17/2006 and 22/2006, the following substantial question of law was formulated at the time of admission:- ITA Nos. 7/2006 + connected matters Page 1 of 32 "Whether the ITAT w...


Feb 08 2012

Unknown Vs. Registrar of Companies and ors

Court: Delhi

Decided on: Feb-08-2012

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CO.PET. 200/2011 SIDDHANT GARG AND ANR. ..... Petitioners Through: Mr. Arun Bhardwaj, Senior Advocate with Vishal Malhotra, Advocate. versus REGISTRAR OF COMPANIES and ORS. ..... Respondents Through: Mr. K.S. Pradhan, Deputy Registrar of Companies for Registrar of Companies. Mr. Amit Sibal, Advocate with Mr. Bishwajit Dubey, Mr. Tamal Mandal and Mr. Abhay Chattopadhya, Advocates for appl. in CA 2103/2011. % Date of Decision: 8th February, 2012. CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J (Oral): Co. Appl. 2103/2011 in Co. Pet. 200/2011 This application has been filed on behalf of ZTE Corporation under Order 1 Rule 10 read with Section 151 Code of Civil Procedure for impleadment/intervention. Since the applicant has been heard on merits, the present application has become infructuous. It accordingly stands disposed of. Co. Pet. 200/2011 Page 1 of 12 Co. Pet. 200/2011.1. Present petition has been filed under Section 560(6) of th...


Feb 08 2012

icici Lombard General Insurance Vs. Chander Kala and ors

Court: Delhi

Decided on: Feb-08-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 2nd February, 2012 Pronounced on: 8th February, 2012 + MAC.APP. 1156/2011 ICICI LOMBARD GENERAL INSURANCE CO LTD ..... Appellant Through: Ms. Suman Bagga, Adv. versus CHANDER KALA and ORS. ..... Respondents Through: Mr. Umesh Chandra Rai, Adv. Mr. S. Chandra, Advocate. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J..1. The Appeal is for reduction of compensation of `28,60,900/- awarded for the death of Kapil Kumar who was a bachelor and aged about 24 years at the time of the accident which took place on 10.05.2010..2. The Motor Accident Claims Tribunal (the Claims Tribunal) by the impugned judgment dated 14.09.2011 took the deceased's salary as `2,84,188/-, deducted ` 10,000/- towards TA and conveyance allowance and `699/- towards income tax; added 50% towards the future prospects; applied the multiplier of '14' as per the age of Chander Kala, the deceased's mother to MAC APP 1156/2011 Page 1 of 8 compute the loss o...


Feb 08 2012

M/S Sunrise Industries and ors Vs. M/S Roshan Lal Aggarwal and anr

Court: Delhi

Decided on: Feb-08-2012

IN THE HIGH COURT OF DELHI AT NEW DELHI ARB. P. 309/2010 Reserved on: 31st January, 2012 Decision on: 8th February, 2012 M/S SUNRISE INDUSTRIES and ORS. ..... Petitioners Through: Mr. Pradeep Dhingra and Mr. Sachin Sood, Advocates. versus M/S ROSHAN LAL AGGARWAL and ANR. ..... Respondents Through: Mr. Rajiv Aneja and Mr. Asit Tewari, Advocates. CORAM: JUSTICE S. MURALIDHAR JUDGMENT 8.02.2012.1. This Petition under Section 11 of the Arbitration and Conciliation Act, 1996 ('Act') seeks the appointment of an arbitrator to adjudicate disputes between the Petitioners and the Respondents arising out of an Agency Agreement dated 22nd November 2008..2. Petitioner No.1 is a partnership firm M/s Sunrise Industries. It is shown as being represented by its partners, Shri Raj Kumar Aggarwal and Shri Ravi Chander Aggarwal, Petitioners 2 and 3 respectively. Petitioner No.4. is 'Shri Dharam Pal Gupta @ Shri Dharam Pal Aggarwal'. The case of the Petitioners is that the aforesaid Agency Agreement was f...


Feb 08 2012

Dcm Shriram Consolidated Vs. Sree Ram Agro Ltd and ors

Court: Delhi

Decided on: Feb-08-2012

.* THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: 08.02.2012 I.A. Nos.7028/2010 and 11464/2010 in C.S. (OS) No.1042/2010 DCM Shriram Consolidated .......Plaintiff Through Mr. Naveen Kumar, Adv. Versus Sree Ram Agro Ltd and Ors. .....Defendants Through Mr. Ajay Sahni, Adv. with Mr. Kamal Garg, Adv. CORAM: HON'BLE MR JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J..1. The plaintiff has filed the above-mentioned suit for permanent injunction against infringement of its trade mark "SHRIRAM" by the defendants along with an application under Order XXXIX, Rules 1 and 2 read with Section 151 CPC, bearing I.A. No.7028/2010..2. The suit as well as the interim application was listed before the Court on 21.05.2010 and an ex parte ad-interim order was passed against the defendants restraining them, their agents, employees, associates, assigns etc. from manufacturing, storing, distributing, selling any produce by name of "SHRIRAM CARTAP" which is deceptively similar to the trademark of the plai...


Feb 08 2012

Narinder Nath Seth and ors Vs. Mrs. Lata and ors

Court: Delhi

Decided on: Feb-08-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2658/1999 NARINDER NATH SETH and ORS. ..... Plaintiffs Through: Mr. Gaurav Puri, Mr. Dilip Gupta and Mr. Anil Punj, Advocates. versus MRS. LATA AND ORS. .... Defendants Through: Mr. Ankit Agarwal and Mr. Sanjay Abbot, Advocates for the defendants No.1 to.5. Mr. Siddharth Yadav, Advocate for the defendant No.6. % Date of Decision : February 08, 2012 CORAM: HON'BLE MS. JUSTICE REVA KHETRAPAL JUDGMENT : REVA KHETRAPAL, J..1. The above-mentioned suit is filed by the plaintiffs for partition of the properties left by late Shri Lachmi Narain Seth, who died intestate on 24.02.1967..2. The facts averred in the suit are that the predecessor-in-interest of the plaintiffs and the defendants, late Shri Lachmi Narain Seth was CS(OS) No.2658/1999 Page 1 of 34 the owner of property bearing No. 33/5, East Punjabi Bagh, New Delhi-110006 and he was also the owner of Shop No.48, Khursheed Market, Sadar Bazar, Delhi. He died leaving behind him three sons ...


Feb 08 2012

The Delhi Race Club Ltd Vs. Government of Nct of Delhi and ors

Court: Delhi

Decided on: Feb-08-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.987/2010 Reserved on : 16th January, 2012. % Date of Decision : 8th February, 2012. THE DELHI RACE CLUB LTD. ....Appellant Through Mr. Sanjay Jain, Sr. Adv. with Mrs. Rana Pravee Siddiqui, Mrs. Ruchi Jain, Ms.Namisha Gupta, Mr. Abhijit Mittal, Mr. Rishabh Wadhwa and Mohd. Qumar Ali, Advs. VERSUS GOVERNMENT OF NCT OF DELHI and ORS. .....Respondent Through Mr. N. Waziri, standing counsel with Mr. Shoaib Haider and Ms. Neha Kapoor, CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE R.V. EASWAR.1. Whether Reporters of local papers may be allowed to see the judgment?.2. To be referred to the Reporters or not Yes..3. Whether the judgment should be reported in the Digest? Yes. R.V. EASWAR, J.: The short question which arises in this writ petition is whether entertainment tax is payable on the amount paid by a person for carrying his mobile phone inside the Delhi Race Club, under the Delhi Entertainments and Betting Tax Act, 1996, ...


Feb 08 2012

Oriental Insurance Co. Ltd Vs. Amita Tripathi and ors

Court: Delhi

Decided on: Feb-08-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 6th February, 2012 Pronounced on: 8th February, 2012 + MAC.APP. 981/2011 ORIENTAL INSURANCE CO. LTD. ..... Appellant Through: Mr.A.K.Soni, Advocate versus AMITA TRIPATHI and ORS. ..... Respondents Through: Mr.Anurag Tiwari, Advocate of R-1 Mr. B.S.Randhawa, Advocates for R-2 and R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J..1. This Appeal is for reduction of compensation of `26,78,800/- awarded for the death of Sunil Tripathi, who was aged about 34 years at the time of the accident, which occurred on 02.06.2005..2. The Motor Accident Claims Tribunal (the Claims Tribunal), by the impugned judgment dated 28.07.2011 took the deceaseds income as ` 11,795/-, added 50% towards the future prospects, deducted one-fourth towards the personal and living expenses and applied the multiplier of 16 as per the deceaseds age. MAC. APP. 981/2011 Page 1 of 7.3. The contention raised by the Appellant Insurance Company is that d...


Feb 08 2012

Attro Devi Vs. State

Court: Delhi

Decided on: Feb-08-2012

* IN THE HIGH COURT OF DELHI AT NEW DELHI % RESERVED ON: 18th January, 2012 DECIDED ON : 8th February, 2012 + CRL.A.No.467/1997 ATTRO DEVI ....Appellant. Through: Mr.Shardul Singh, Advocate. versus STATE ....Respondent. Through : Ms.Richa Kapoor, APP for the State. CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE S.P.GARG S.P.GARG, J..1. Challenge in this Appeal is to the order of conviction dated 08.10.1997 and Order of sentence dated 14.10.1997, of learned Additional Sessions Judge whereby the Appellant was convicted for committing offence under Section 302 IPC and was sentenced to undergo life imprisonment with a fine of `300/-..2. Appellant Attro Devi became a widow at a very young age. She used to reside at A-3/367, Sultanpuri. Anup Singh (since deceased) took a fancy to the Appellant; both developed intimate relations and started residing together without formal marriage. Anup Singh's relations had no objection to this arrangement between the two..3. On 14.05.1992, as usual, Anup ...


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