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Delhi Court January 2013 Judgments

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Jan 11 2013

Cholamandlam Ms General Insurance Vs. Sunita and ors.

Court: Delhi

Decided on: Jan-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP.No.907/2006 Date of Decision :11. h January, 2013 % CHOLAMANDLAM MS GENERAL INSURANCE ..... Appellant Through : Ms. Suman Bagga, Adv. versus SUNITA & ORS. .... Respondents Through : Mr. Asutosh Lohia, Mr. Yuddhister Sharma and Ms. Aabha Verma, Advs. for R-1 to 3 CORAM :HON'BLE MR. JUSTICE J.R. MIDHA ORDER MAC.APP.No.907/2006 1. Vide order dated 15th November, 2006, the appellant was directed to deposit the entire award amount along with interest with the Claims Tribunal within four weeks and 50% of the said amount was directed to be released to the claimants.2. Vide order dated 19th July, 2007, the balance 50% amount was directed to be invested in fixed deposit by the Claims Tribunal till the disposal of the appeal.3. Vide order dated 19th October, 2012, this Court requisitioned a report from the Claims Tribunal with respect to the compliance of the orders dated 15th November, 2006 and 19th July, 2007.4. The Claims Tribunal has sent a...


Jan 11 2013

Commissioner of Income Tax-xii Vs. Shri Kamal Wahal

Court: Delhi

Decided on: Jan-11-2013

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:11. 01.2013 + ITA 4/2013 COMMISSIONER OF INCOME TAX-XII ..... Petitioner versus SHRI KAMAL WAHAL ... Respondent Advocates who appeared in this case: For the Petitioner For the Respondent : Mr. N.P.Sahni, St.Counsel with Mr. Ruchesh Sinha, Adv. : CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT R.V.EASWAR, J (ORAL) 1. This is an appeal filed by the Commissioner of Income Tax-XII, New Delhi under Section 260A of the Income Tax Act, 1961 and it is directed against the order of the Income Tax Appellate Tribunal dated 20.07.2012 in ITA No.5064/Del/2011, for the assessment year 20082009.2. The appeal is admitted and the following substantial question of law is framed:- Whether on the facts and in the circumstances of the case and on a proper interpretation of Section 54F of the Income Tax Act 1961, the Tribunal was right in law in allowing the deduction of `51,25,100/- claimed by the assessee under t...


Jan 11 2013

Ramesh Kumar Mittal and anr Vs. Municipal Corporation of Delhi and ors ...

Court: Delhi

Decided on: Jan-11-2013

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 13/2013 RAMESH KUMAR MITTAL & ANR ..... Appellants Through: Mr. Kirti Uppal, Sr. Adv. with Mr. A.K. Verma, Advocate versus MUNICIPAL CORPORATION OF DELHI & ORS. ... Respondents Through: Mr. D.K. Gupta, Adv. for R1, 2 & 4 Mr. Rakesh Kumar, Adv. for R3 CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN ORDER 11 01.2013 % At the time when the LPA was taken up for hearing for admission, learned counsel appearing for the respondents 1 to 4 have taken notice and made their submissions.2. At the instance of the respondent No.3, a writ petition came to be filed seeking for a direction to MCD for removal of illegal structure/encroachment from the street between property bearing MCD No. 12084 to 12087, Block 26, Plot No.1/24-25, G.T. Karnal Road, Shakti Nagar, Delhi.3. At the time when the writ petition was heard, the counsel for the petitioner submitted that the report of SDM, which has been filed by him pursuant to the directions ...


Jan 11 2013

Jagdish Chander Vs. Atma Ram Sah and anr

Court: Delhi

Decided on: Jan-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:04. 01.2013 Date of decision:11. 01.2013 + LPA No.1/2013 JAGDISH CHANDER ..... Appellant Through: In person. versus ATMA RAM SAH AND ANR ..... Respondent Through CORAM: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HONBLE MS. JUSTICE INDERMEET KAUR SANJAY KISHAN KAUL, J.1. The petitioner filed a WP (C) No.6174/2011 seeking certain directions against the Registrar of Companies (ROC for short) for not making available copies of documents as directed by the appellate authority dated 30.09.2011 in respect of M/s.Sequin Medicinals Private Limited and M/s. Densons Poly Products Limited.2. The writ petition was taken up on 24.10.2011 by the learned single Judge when learned counsel for the respondent appeared and informed that copies of the documents had been provided free of costs to the petitioner. However, the petitioner submitted that the documents would show that the files had not been numbered and that the documents were not certified as ...


Jan 11 2013

Unnikrishnan and ors Vs. Union of India and ors

Court: Delhi

Decided on: Jan-11-2013

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:11. 01.2013 + W.P. (C) 167/2013 UNNIKRISHNAN AND ORS ..... Petitioners Through: Mr. Vinod K. Tewari with Mr. Pankaj Singh, Advocates. versus UNION OF INDIA AND ORS ..... Respondents Through: Mr. Amrit Pal Singh, CGSC with Mrs. Gurjinder Kaur, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % Issue notice. Mr. Amrit Pal Singh, Advocate accepts notice.2. The writ petitioners in these proceedings under Article 226 seeks two reliefs, i.e., a direction that they ought to be considered for promotion to the post of Superintendent Gr.I since they claimed to be qualified to hold that position and a direction to the respondents to grant them pay scale of ` 5000-8000 w.e.f. 1.1.1996, in accordance with the recommendations of the Sixth Central Pay Commission.3. The brief facts of the case are that the petitioners are employees of the WP (C) 167/2013 P...


Jan 11 2013

Raj Rani Vs. Sardar Mohinder Singh and anr

Court: Delhi

Decided on: Jan-11-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:11th January, 2013 % + Rev. Pet. 132/2012 & CM Nos. 4270-7271/2012 in RSA 77/2010 RAJ RANI Through ..... Petitioner Mr.D.K.Rustagi and Mr.Arpit Bhargava, Adv. versus SARDAR MOHINDER SINGH & ANR. ..... Respondent Through Mr. Rajat Aneja, Adv. for R-1 & 2. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.(Oral), CM NO. 4270/2012 (exemption) Exemption is allowed subject to all just exceptions. Application is disposed of. CM No. 4271/2012 (Delay) There is a delay of 233 days in seeking review of the impugned order dated 01.06.2011. Vide order dated 01.06.2011, RSA No. 77/2010 had been disposed of; substantial question of law framed on 02.05.2011 had been answered in favour of the appellant; suit of the plaintiff stood decreed. The averments contained in the present application have been perused. On 02.05.2011 the substantial question was framed in the presence of the review petitioner/respondent. Matter was directed to b...


Jan 11 2013

Union of India Thru Secretary Ministry of Communic Vs. Satpal Singh

Court: Delhi

Decided on: Jan-11-2013

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : January 11, 2013 + W.P.(C) 1653/2011 UNION OF INDIA THRU SECRETARY MINISTRY OF COMMUNICATION & ANR. ...Petitioner Represented by: Mr.P.P.Ralhan, Advocate. versus SATPAL SINGH ...Respondent Represented by: Mr.Arun Sukhija, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.(Oral) WP(C) No.1653/2011 1. The matter has to be remanded to the Central Administrative Tribunal for the reason the penalty of dismissal from service inflicted upon the petitioner has been opined by the Tribunal to be harsh and the matter has been remanded to the Disciplinary Authority to pass any punishment other than dismissal or removal from service. The Tribunal has noted that the respondent had served the department for 28 years and any penalty of dismissal or removal of service would deprive him of the pensionary benefits.2. But the Tribunal has overlooked the fact that the existing Depar...


Jan 11 2013

Hansi Rawat and anr. Vs. Punjab National Bank and ors.

Court: Delhi

Decided on: Jan-11-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h January, 2013 % + LPA No.785/2012 HANSI RAWAT & ANR. Through: ..... Appellants Mr. Divya Jyoti Jaipuriar, Adv. Versus PUNJAB NATIONAL BANK & ORS. ..... Respondents Through: None. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the order dated 15.10.2012 of the learned Single Judge of dismissal of W.P.(C) No.6556/2012 preferred by the appellants. The said writ petition was preferred challenging the order dated 30.08.2012 of the Central Information Commission (CIC) dismissing the Second Appeal preferred by the appellants against the order dated 21.05.2011 of the First Appellate Authority. The First Appellate Authority had dismissed the appeal preferred by the appellants against the information dated 18.03.2011 provided by the Public Information Officer (PIO) of the respondent Bank in response to the application dated 19.02.2011 of the appellants un...


Jan 11 2013

Mahendra Pal Verma Vs. the Taj Mahal Hotel

Court: Delhi

Decided on: Jan-11-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h January, 2013 % + LPA No.842/2012 MAHENDRA PAL VERMA ..... Appellant Through: Mr. R.A. Mishra, Adv. with Mr. R.P. Bansal & Mr. Jagannath Jha, Advs. Versus THE TAJ MAHAL HOTEL Through: None. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW ..... Respondent RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the order dated 17.10.2012 of the learned Single Judge of dismissal of W.P.(C) No.18/2008 preferred by the appellant. The said writ petition was preferred by the appellant impugning the Award dated 17.03.2007 of the Industrial Adjudicator on the following reference: Whether the termination of services of Sh. Mohinder Pal Verma by the management is illegal and / or unjustified, and if so, to what relief is he entitled and what directions are necessary in this respect? 2. The appellant was employed for Housekeeping in the respondent Hotel since the year 1981. He was on 12.05.1998 charged with havin...


Jan 11 2013

Yatendra Singh Meena and anr Vs. Delhi Subordinate Services Selection ...

Court: Delhi

Decided on: Jan-11-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:11. h January, 2013 % + LPA No.746/2012 YATENDRA SINGH MEENA & ANR ..... Appellants Through: Mr. R.K. Saini and Mr. Vikram Saini, Advocates. Versus DELHI SUBORDINATE SERVICES SELECTION BOARD & ORS. Respondents Through: Mr. Sachin Chopra & Mr. Sarvpreet Singh, Advocates for R-1. Ms. Maninder Acharya & Mr. Varun Gupta, Advocates for MCD. Ms. Madhu Tewatia & Ms. Sidhi Arora, Advocates for NDMC. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra court appeal impugns the judgment dated 28 th September, 2012 of the learned Single Judge of this Court dismissing W.P.(C) No.8198/2009 preferred by the appellants as not maintainable, for the reason of the jurisdiction to entertain the lis raised therein being of the Central Administrative Tribunal constituted under the Administrative Tribunals Act, 1985 but granting liberty to the appellants to approach the said Tribunal and further pro...


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