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Delhi Court December 2013 Judgments

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Dec 13 2013

M/S Varuna Integrated Logistics Pvt. Ltd. Vs. M/S Goel Road Carriers a ...

Court: Delhi

Decided on: Dec-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:13. h December, 2013. + RFA5292013 & CM No.18073/2013 (for condonation of 33 days delay in re-filing the appeal) M/S VARUNA INTEGRATED LOGISTICS PVT. LTD. ........Appellants Through: Mr. S.R. Parashar, Mr. S.S. Parashar and Mr. Anand Parashar, Advocates. Versus M/S GOEL ROAD CARRIERS & ANR ..... Respondents Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree dated 24 th June, 2013 of the Court of the Additional District Judge (ADJ)-III, Rohini Courts, Delhi of dismissal of Suit No.234/2011 filed by the appellant/plaintiff on the preliminary issue framed of limitation.2. The appeal came up before this Court first on 2nd December, 2013, when the counsel for the appellant/plaintiff pegged his case on Article 68 of the Schedule to the Limitation Act, 1963. However, the appellant/plaintiff along with the memorandum of appeal had not filed a copy of the pl...


Dec 13 2013

Deepak Anand Vs. State

Court: Delhi

Decided on: Dec-13-2013

$~R-28. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 243/2005 % Judgment dated 13.12.2013 DEEPAK ANAND Through : ..... Appellant Mr.Varun Tankha, Adv. versus STATE Through : ..... Respondent Mr.Feroz Khan Ghazi, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J (ORAL) 1. The appellant is unserved. On the last date of hearing, counsel appearing in the connected matter had stated that the appellant, Deepak Anand, has died. Mr.Ghazi, learned counsel for the State, submits that it could not be verified as to whether the appellant is alive or not.2. Connected appeal, being Crl.A.271/2005, has already been heard and disposed of by this Court vide order dated 11.12.2013. Accordingly, I deem it appropriate to appoint Mr.Varun Tankha, Advocate, (Mobile No.9899991976), who is present in Court, to appear as an Amicus Curiae on behalf of the appellant in this matter.3. Present appeal, filed by the appellant under Section 374 Cr.P.C., is directed against the judgment dated 4.3.2005 a...


Dec 13 2013

Naveen Barak Vs. the Oriental Insurance Company Ltd

Court: Delhi

Decided on: Dec-13-2013

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4805/2011 13th December, 2013 NAVEEN BARAK ..... Petitioner Through Ms. Seema Salwan, Adv. versus THE ORIENTAL INSURANCE COMPANY LTD ..... Respondent Through Mr. K.K.Rai, Sr. Adv. with Mr. Rahul Ranjan Verma, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition the petitioner seeks the relief for being appointed to the post of Administrative Officer (Group D) post with the respondent pursuant to the selection process commenced by the advertisement dated 27.2.2010. The petitioner essentially has taken up two basic heads of pleadings in the writ petition. The first pleading is of arbitrary marking of the petitioner in the interview where the petitioner has only been given 1.5 marks out of 30 marks, which cannot be as per the petitioner because the petitioner had received 114 out of 150 marks in the first written exam paper of reasoning; General Kno...


Dec 13 2013

Gaurav Kapoor Vs. Komal Babbar

Court: Delhi

Decided on: Dec-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: December 13, 2013 + CM(M) 1347/2013 GAURAV KAPOOR ..... Petitioner No.1 And KOMAL BABBAR Through ..... Petitioner No.2 Mr.Pulkit Gupta, Adv. with Mr.Amit Bhagat, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.CM No.19991/2013 Exemption allowed, subject to all just exceptions. The application is disposed of. CM(M) 1347/2013 1. The petitioners Gaurav Kapoor and Ms.Komal Babbar have filed the present petition under Article 227 of the Constitution of India, inter alia, seeking quashing/setting aside the order dated 25th November, 2013 passed by the learned Additional District Judge, Tis Hazari Courts, Delhi, in HMA No.652/2013.2. The brief facts of the matter are that the marriage of the petitioner No.1 and petitioner No.2 was solemnized on 20th June, 2010. In August, 2012 due to temperamental differences and incompatibility, they stopped living together as husband and wife. In June 2013, the petitioner No.2 ...


Dec 13 2013

Pushpa Sehgal Vs. Punjab Khadi Mandal

Court: Delhi

Decided on: Dec-13-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: December 13, 2013 + RC. Rev. No.327/2013 PUSHPA SEHGAL Through ..... Petitioner Mr.Satish Bajaj, Adv. along with petitioner in person. versus PUNJAB KHADI MANDAL ..... Respondent Through Mr.Anil Misra, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. The petitioner/landlord has challenged the order dated 5th June, 2013 whereby the application filed by the respondent/tenant under Section 25-B (4) of the Delhi Rent Control Act, 1958 (in short, called the DRC Act) seeking leave to defend was allowed.2. The petitioner filed the eviction petition bearing No.E-145/12 under Section 14(1)(e) read with Section 25-B of the DRC Act against the respondent. The following are the grounds made in the eviction petition by the petitioner:(i) The tenanted premises, i.e. one room, lobby, bathroom, WC, Kitchen and open courtyard on the first floor of the premises bearing No.F-29, First Floor, DBG Market, DBG Road, Ka...


Dec 13 2013

M/S. Deltronix India and Another Vs. Asstt. Commissioner Limited, and ...

Court: Income Tax Appellate Tribunal ITAT Delhi

Decided on: Dec-13-2013

Shamim Yahya, AM: These cross appeals by the Revenue and Assessee emanate out of order of the Ld. CIT(A) and pertain to asstt. year 2008-09. 2. The ground raised in the Assessee's Appeal is that on the facts and in the circumstances of the case and in law the Ld. CIT(A) erred in reducing the disallowances of the rent of guest house to the extent of 50% only of the total claim which being erroneous must be deleted with directions for total relief. 3. The grounds raised in the Revenue's appeal read as under:- i) Whether the Ld. CIT(A) under the facts and circumstances of the case and in law was correct in restricting the disallowance of Rs. 18,00,000/- out of total disallowance of Rs. 36,00,000/- made by the Assessing Officer on account of rent paid. ii) Whether the Ld. CIT(A) under the facts and circumstances of the case and in law was justified in deleting the addition of Rs. 46,90,790/- made by the AO on account of commission paid to M/s Keyser India Pvt. Ltd. iii) Whether the Ld. CIT...


Dec 12 2013

Tata Capital Financial Services Ltd. Vs. Clutch Auto Ltd.

Court: Delhi

Decided on: Dec-12-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. h November, 2013 Date of decision:12. h December, 2013 % + CO. PET. No.542/2012 TATA CAPITAL FINANCIAL SERVICES LTD. ..... Petitioner Through: Mr. Akhil Sibal with Ms. Saloni Chowdhary, Advocates. versus CLUTCH AUTO LTD. ..... Respondent Through: Mr. Raman Kapur, Sr. Advocate with Mr. Manish Kumar, Mr. Piyush Kaushik, Advocates. CORAM: HONBLE MR. JUSTICE R.V.EASWAR JUDGMENT R. V. EASWAR, J.:1. This is a petition filed by the petitioner under section 433(e) of the Companies Act, 1956 seeking winding up of the respondent-company for non-payment of the dues of approximately Rs.2.9 crores.2. The broad facts are that the petitioner financed the respondent- company which was supplying automobile clutches to various automobile manufacturers including TATA Motors. The finance was provided essentially for the purpose of working capital requirements of the respondent company. The total credit facility extended by the petitioner was Rs.3.3...


Dec 12 2013

Draughtsmens Association Survey of India and anr. Vs. Union of India a ...

Court: Delhi

Decided on: Dec-12-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on December 06, 2013 Judgment Delivered on December 12, 2013 + W.P.(C) 17207/2006 DRAUGHTSMENS ASSOCIATION SURVEY OF INDIA & ANR. .... Petitioners Represented by: Ms.Jyoti Singh, Sr. Advocate with Mr.Sudarshan Rajan and Mr.S.Ritam Khare, Advocates versus UNION OF INDIA & ANR. ..... Respondents Represented by: Mr.Sumeet Pushkarna, Advocate with Ms.Sara Sundaram and Mr.G.C. Nayak, Under Secretary CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge in this writ petition is to the orders dated February 27, 2006 passed in O.A.No.457/2005 and to the order dated August 18, 2006 passed in R.A.No.63/2006 in O.A.No.457/2005 by the Central Administrative Tribunal, whereby the Tribunal dismissed the O.A and R.A. filed by the petitioners.2. The claim of the petitioners before the Tribunal was for a direction against the respondents to extend the benefit of the judgment and order...


Dec 12 2013

Nokia India Private Limited Vs. Addl. Commissioner of Inocme Tax and a ...

Court: Delhi

Decided on: Dec-12-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.6150/2013 Reserved on:11. h December, 2013 Date of Decision:12. h December, 2013 % NOKIA INDIA PRIVATE LIMITED .... Petitioner Through Mr. Vikas Srivastava, Mr. J.P. Singh, Mr. Parag Mohanty & Ms. Leenshwari Makhijani and Ms. Varsha Bhattacharya, Advocates. versus ADDL. COMMISSIONER OF INOCME TAX & ANR. .. Respondents Through Mr. Mohan Parasaran, Solicitor General with Mr. Sanjeev Sabharwal and Mr. N.P. Sahni, Sr. Standing Counsel and Mr. Nitin Gulati, Advocate, Mr.P. Roy Choudhary, Jr. Standing Counsel. CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.CM No.15485/2013 (for modification of interim orders dt.26.9.13) This order disposes of the application filed by Nokia India Pvt. Ltd. (Nokia India, for short) seeking modification of interim order dated 26th September, 2013, passed in the aforementioned writ petition.2. The writ petition impugns and challenges order dated 25...


Dec 12 2013

U. Varadaraya Nayak Vs. S.K. Anand and ors.

Court: Delhi

Decided on: Dec-12-2013

IN THE HIGH COURT OF DELHI AT NEW DELHI IA No.3997 of 2012 in CS (OS) No.523 of 2012 Reserved on: November 26, 2013 Decision on: December 12, 2013 U. VARADARAYA NAYAK ..... Plaintiff Through: Ms. Swathi Sukumar with Mr. Anirudha Mitra, Ms. Anur Paarcha and Ms.Essenese Obhan, Advocates. versus S.K. ANAND & ORS. Through: ..... Defendants Mr. Mahender Rana, Advocate for Defendant No.1. Mr. Amarjeet Singh, Mr. Hari Subramanium, Ms. Vernika Tomar and Ms. Vibha Arya, Advocates for Defendants 2 to 4. Mr. Sanjeev Mahajan, Advocate for Defendants 5 and 6. CORAM: JUSTICE S. MURALIDHAR JUDGMENT1212.2013 1. This judgment disposes of the application by the Plaintiff U. Varadaraya Nayak under Order 39 Rules 1 and 2 of the Code of Civil Procedure 1908 (CPC) for interim relief. Background facts 2. The Plaintiff has filed the above suit seeking a permanent injunction to restrain the Defendants from infringing Patent No.184118 granted in his name for a twin blade razor. At the time of filing of the suit...


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