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Delhi Court January 2013 Judgments

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Jan 17 2013

Uoi and ors. Vs. Shiv Kumar Gupta

Court: Delhi

Decided on: Jan-17-2013

$~R-40 & R-40A * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: January 17, 2013 + W.P.(C) 4518/2001 UOI & ORS. ..... Petitioners Represented by: Mr.Anuj Aggarwal, Advocate with Mr.Gaurav Khanna, Advocate. versus SHIV KUMAR GUPTA ..... Respondent Represented by: Respondent No.1 in person. AND W.P.(C) 4175/2002 K.SUBRAMANIUM & ORS. Represented by: None. ..... Petitioners versus SHIV KUMAR GUPTA & ORS. ..... Respondents Represented by: Respondent No.1 in person. Mr.Anuj Aggarwal, Advocate with Mr.Gaurav Khanna, Advocate for UOI. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) 1. Same order dated February 15, 2001 passed by the Central Administrative Tribunal allowing O.A.No.2017/1999 filed by respondent Shiv Kumar Gupta in both the writ petitions has been assailed by the Union of India and 3 out of 9 private respondents impleaded by him in the original application.2. None appears for the 3 private respondents in the o...


Jan 17 2013

Directorate General of Civil Aviation and anr Vs. M/S Global Vectra He ...

Court: Delhi

Decided on: Jan-17-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. h January, 2013 % + LPA 645/2012 and C.M. No. 16560/2012 (for stay) DIRECTORATE GENERAL OF CIVIL AVIATION & ANR ..... Appellants Through: Mr. Rajeeve Mehra, ASG with Ms. Anjana Gosain, Advocate. Versus M/S GLOBAL VECTRA HELICORP LTD & ANR ..... Respondents Through: Mr. Neeraj Kishan Kaul with Mr. Parag P. Tripathi, Sr. Advocates with M r. A tu l N a n d a , M s. H a m e e z a Rakeem, Ms. Priyadarshni Goptal and M r. Sa n d e ep Ba ja j, Ad v o ca t e s. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J C.M. No. 16561/2012 (of the appellants for condonation of 88 days delay in preferring the appeal) 1. The senior counsels for the respondents appeared on caveat when the appeal was listed first for admission and sought time to file reply to this application and which was granted. Reply has been filed and the application has been vehemently contested.2. The intra court appeal impugns the...


Jan 17 2013

Commissioner of Value Added Tax Vs. M/S. Landt; Finance Ltd.

Court: Delhi

Decided on: Jan-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:27. 09.2012 PRONOUNCED ON:17. 01.2013 + ST.APPL. 5/2011 COMMISSIONER VALUE ADDED TAX ..... Petitioner Versus M/S. CARZONRENT INDIA PVT LTD + ST.APPL. 6/2011 COMMISSIONER VALUE ADDED TAX ..... Respondent ..... Petitioner Versus M/S. CARZONRENT INDIA PVT LTD ..... Respondent + ST.APPL. 7/2011, C.M. APPL. 10492/2011 & Cross Appeal 13377/2012 COMMISSIONER VALUE ADDED TAX ..... Petitioner Versus M/S. A L D AUTOMATIVE PVT LTD + ST.APPL. 8/2011 COMMISSIONER OF VALUE ADDED TAX ..... Respondent ..... Petitioner Versus M/S. L & T FINANCE LTD + ST.APPL. 9/2011 COMMISSIONER VALUE ADDED TAX Versus M/S. DIGITECH SYSTEMS ST.APPL.4/11, 5/11, 6/11, 7/11, 8/11, 9/11 & 16/11 ..... Respondent ..... Petitioner ..... Respondent Page 1 + ST.APPL. 16/2011 CARZONRENT (INDIA) PVT LTD ..... Petitioner Versus COMMISSIONER OF VALUE ADDED TAX ..... Respondent Through: Sh. Parag. P. Tripathi, Sr. Advocate with Ms. Avnish Ahlawat and Ms. Monisha Handa, Advocates, ...


Jan 17 2013

Ram Snehi Dass Vs. State (Govt. of Nct) of Delhi

Court: Delhi

Decided on: Jan-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON :14. h JANUARY, 2013 DECIDED ON :17. h JANUARY, 2013 + CRL.A. 874/2010 RAM SNEHI DASS Through : ....Appellant Mr.A.J.Bhambhani, Advocate with Ms.Nisha Bhambhani, Ms.Bhavita Modi & Ms.Lakshita Sethi, Advocates. versus STATE (GOVT. OF NCT) OF DELHI .Respondent Through : Mr.M.N.Dudeja, APP. ASI Bhupinder Singh, PS Hauz Quazi. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.1. The Appellant impugns the judgment dated 25.02.2010 and order on sentence dated 06.03.2010 in Sessions Case No.178/2008 by which he was convicted under Section 307 IPC and sentenced to undergo RI for seven years with fine of `15,000/- and in default SI for six months.2. Learned counsel for the appellant while assailing the findings of the Trial Court urged that the Trial Court did not appreciate the evidence in its true and proper perspective. PW-9 (Ajay Paswan), victims brother was admittedly not present at the spot and had no occasion to witness the occurrence. ...


Jan 17 2013

Commissioner Value Added Tax Vs. M/S. Carzonrent India Pvt. Ltd.

Court: Delhi

Decided on: Jan-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:27. 09.2012 PRONOUNCED ON:17. 01.2013 + ST.APPL. 5/2011 COMMISSIONER VALUE ADDED TAX ..... Petitioner Versus M/S. CARZONRENT INDIA PVT LTD + ST.APPL. 6/2011 COMMISSIONER VALUE ADDED TAX ..... Respondent ..... Petitioner Versus M/S. CARZONRENT INDIA PVT LTD ..... Respondent + ST.APPL. 7/2011, C.M. APPL. 10492/2011 & Cross Appeal 13377/2012 COMMISSIONER VALUE ADDED TAX ..... Petitioner Versus M/S. A L D AUTOMATIVE PVT LTD + ST.APPL. 8/2011 COMMISSIONER OF VALUE ADDED TAX ..... Respondent ..... Petitioner Versus M/S. L & T FINANCE LTD + ST.APPL. 9/2011 COMMISSIONER VALUE ADDED TAX Versus M/S. DIGITECH SYSTEMS ST.APPL.4/11, 5/11, 6/11, 7/11, 8/11, 9/11 & 16/11 ..... Respondent ..... Petitioner ..... Respondent Page 1 + ST.APPL. 16/2011 CARZONRENT (INDIA) PVT LTD ..... Petitioner Versus COMMISSIONER OF VALUE ADDED TAX ..... Respondent Through: Sh. Parag. P. Tripathi, Sr. Advocate with Ms. Avnish Ahlawat and Ms. Monisha Handa, Advocates, ...


Jan 17 2013

Shri R.S. Vashisth Vs. University of Delhi and ors.

Court: Delhi

Decided on: Jan-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) Nos.17560/2005 & 17563/2005 % 1. January 17, 2013 W.P.(C) No.17560/2005 SHRI R.S. VASHISTH Through: ...... Petitioner Mr. R.K. Saini, Advocate with Mr. Vikram Saini, Advocate. Versus UNIVERSITY OF DELHI & ORS. Through:2. ..... Respondents Mr. Anurag Mathur, Advocate for respondent No.1. Mr. Amitesh Kumar, Advocate with Mr. Mayank Manish, Advocate for respondent No.2. Mr. Rajesh Gogna, Advocate for respondent No.3. W.P.(C) No.17563/2005 SHRI R.S. VASHISTH Through: ...... Petitioner Mr. R.K. Saini, Advocate with Mr. Vikram Saini, Advocate. Versus UNIVERSITY OF DELHI & ORS. Through: WP(C) Nos.17560 and 17563 of 2005 ..... Respondents Mr. Anurag Mathur, Advocate for respondent No.1. Page 1 of 9 Mr. Amitesh Kumar, Advocate with Mr. Mayank Manish, Advocate for respondent No.2. Mr. Rajesh Gogna, Advocate for respondent No.3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) W.P.(C) No.17...


Jan 17 2013

Dda and ors. Vs. Rama Associates Pvt Ltd.

Court: Delhi

Decided on: Jan-17-2013

$~15&16 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:17. 01.2013 + RFA(OS) 5/2013 DDA & ORS. ..... Appellants Through : Dr. K.S. Sidhu, Sr. Advocate with Ms. Maldeep Sidhu and Sh. Ashok Kumar Shukla, Advocates. versus RAMA ASSOCIATES PVT LTD. ..... Respondent Through : Sh. R.C. Vats with Sh. Ashok Gurnani, Advocates. RFA(OS) 8/2013 DDA & ORS. ..... Appellants Through : Dr. K.S. Sidhu, Sr. Advocate with Ms. Maldeep Sidhu and Sh. Ashok Kumar Shukla, Advocates. versus PRAGATI CONSTRUCTION CO. P. LTD. ..... Respondent Through : Sh. Amit Prabhat Deshpande, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) 1. These are two appeals by the unsuccessful common defendant Delhi Development Authority (hereafter called DDA) against the common impugned judgment dated 16.7.2012 of learned Single Judge in CS (OS) No. RFA (OS) 5 & 8/2013 Pag993. 1983 and 1633/1983.2. The facts in both the suits are identica...


Jan 17 2013

Delhi Development Authority Vs. Bhagwan and ors.

Court: Delhi

Decided on: Jan-17-2013

$~R-22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 1187/2007 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through : Mr.Ajay Verma, Advocate versus BHAGWAN & ORS. Through : ..... Respondents Mr.S.K.Bhaduri, Advocate CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN % ORDER 17 01.2013 Vineet Pawar, a child aged 7 years and studying in class II died on 13.11.2004, when the iron gate installed in a park maintained by the appellant DDA fell on him. The parents of the child filed a writ petition alleging therein that their child had died on account of negligence on the part of the DDA. Their case was that had the appellant/DDA been vigilant and had the gate been properly fixed, their son would have been alive. The learned Single Judge, vide impugned order dated 18.7.2007 directed payment of compensation amounting to Rs.12,78,509/- to the petitioners/respondents along with interest on that amount with effect from 13.11.2004.2. It is by now settled legal proposition that the Hi...


Jan 17 2013

All India Institute of Medical Sciences Vs. Shobha Kandpal

Court: Delhi

Decided on: Jan-17-2013

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: January 17, 2013 + W.P.(C) 278/2013 ALL INDIA INSTITUTE OF MEDICAL SCIENCES ..... Petitioner Represented by: Mr.Mukul Gupta, Sr. Advocate instructed by Mr.Sudhir Kathpalia & Mr.Vibhor Garg, Advocates versus SHOBHA KANDPAL Represented by: ..... Respondent Mr.Vinay Kumar Garg with Mr. Imran Ahmad & Mr.Amit Srivastava, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(ORAL) CM No.570/2013 Allowed, subject to just exceptions. W.P.(C) 278/2013 1. Let us first note the admitted facts.2. In the year 1992, the Supreme Court had required All India Institute of Medical Sciences to frame a one-time policy to regularize the services of those who had worked on research projects on contract, ad-hoc or temporary basis up to 15 years.3. Based thereon, All India Institute of Medical Sciences filled up posts of Information Officer, Programmer, Research Officers, Social Workers, ...


Jan 17 2013

Commissioner Value Added Tax Vs. M/S. Digitech Systems

Court: Delhi

Decided on: Jan-17-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:27. 09.2012 PRONOUNCED ON:17. 01.2013 + ST.APPL. 5/2011 COMMISSIONER VALUE ADDED TAX ..... Petitioner Versus M/S. CARZONRENT INDIA PVT LTD + ST.APPL. 6/2011 COMMISSIONER VALUE ADDED TAX ..... Respondent ..... Petitioner Versus M/S. CARZONRENT INDIA PVT LTD ..... Respondent + ST.APPL. 7/2011, C.M. APPL. 10492/2011 & Cross Appeal 13377/2012 COMMISSIONER VALUE ADDED TAX ..... Petitioner Versus M/S. A L D AUTOMATIVE PVT LTD + ST.APPL. 8/2011 COMMISSIONER OF VALUE ADDED TAX ..... Respondent ..... Petitioner Versus M/S. L & T FINANCE LTD + ST.APPL. 9/2011 COMMISSIONER VALUE ADDED TAX Versus M/S. DIGITECH SYSTEMS ST.APPL.4/11, 5/11, 6/11, 7/11, 8/11, 9/11 & 16/11 ..... Respondent ..... Petitioner ..... Respondent Page 1 + ST.APPL. 16/2011 CARZONRENT (INDIA) PVT LTD ..... Petitioner Versus COMMISSIONER OF VALUE ADDED TAX ..... Respondent Through: Sh. Parag. P. Tripathi, Sr. Advocate with Ms. Avnish Ahlawat and Ms. Monisha Handa, Advocates, ...


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