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Delhi Court December 2013 Judgments

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Dec 20 2013

Food Corporation of India Vs. M/S. Jawala Rice Mills and ors.

Court: Delhi

Decided on: Dec-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:20. 12.2013 + OMP No.1283/2013 FOOD CORPORATION OF INDIA ..... Petitioner Versus M/S. JAWALA RICE MILLS & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner: Mr S. Kumar Pattjoshi, Sr. Adv. with Mr Manohar Lal Sharma, Advocate. For the Respondents: CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J IA No.20828/2013 (condonation of delay of 59 days in re-filing the petition) 1. This is an application which has been filed by the petitioner, i.e., the Food Corporation of India (in short FCI) to seek condonation of delay in refiling the petition under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act). According to the FCI, there is a delay of 59 days in re-filing the petition.2. The averments made in the petition reveal that the impugned award dated 20.06.2013 was received by FCI on 29.06.2013. It is the case of the FCI that the petition was filed on 19.09.2013. 2....


Dec 20 2013

Times of Money Ltd Vs. Remithome Corporation and anr

Court: Delhi

Decided on: Dec-20-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:29. 11.2013 PRONOUNCED ON:20. 12.2013 % + RFA (OS) 79/2012 CM APPL.15464/2012 TIMES OF MONEY LTD ..... Appellant Through: Mr. Hemant Singh with Mr. Sachin Gupta, Advocates. versus REMITHOME CORPORATION & ANR ..... Respondents Through: Mr. Rajiv Virmani, Sr. Advocate with Mr. Shambhu Sharan, Mr. Yaman Kumar, Ms. Shreya Maheshwari and Mr. Shreeyansh, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S.RAVINDRA BHAT1 The present appeal arises from the order dated 13.08.2012 made by the Learned Single Judge in CS (OS) 456 of 2011 by which the plaint filed by the appellant/plaintiff was returned on the ground of lack of jurisdiction.2. The appellant, Times of Money, is engaged in the business of online money transfers from one continent to other. It adopted the domain name remit2india.com for online money transfers from the US to India in the year 2000. It further adopted domain names ...


Dec 20 2013

Food Corporation of India Vs. M/S. Sukhbir Singh and Co. and ors.

Court: Delhi

Decided on: Dec-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:20. 12.2013. + OMP No.1189/2013 FOOD CORPORATION OF INDIA ..... Petitioner Versus M/S. SUKHBIR SINGH & CO. & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner: Mr S. Kumar Pattjoshi, Sr. Adv. with Mr Manohar Lal Sharma, Advocate. For the Respondents: CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J I.A.19459/2013 (Condonation of delay of 1 day in filing the petition) & I.A.19457/2013 (Condonation of delay of 113 days in re-filing the petition) 1. These are two applications which have been filed by the petitioner, i.e., the Food Corporation of India (in short FCI) to seek condonation of delay in filing the petition under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act) and thereafter, for re-filing the said petition. According to the FCI, there is a delay of one (1) day in filing the petition and a delay of 113 days in re-filing the same.2. The averments mad...


Dec 20 2013

Food Corporation of India Vs. M/S. Ganesh Trading and Co. and ors.

Court: Delhi

Decided on: Dec-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:20. 12.2013. + OMP No.1282/2013 FOOD CORPORATION OF INDIA ..... Petitioner Versus M/S. GANESH TRADING & CO. & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner: Mr S. Kumar Pattjoshi, Sr. Adv. with Mr Manohar Lal Sharma, Advocate. For the Respondents: CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J I.A.20822/2013 (Condonation of delay of 1 day in filing the petition) & I.A.20824/2013 (Condonation of delay of 161 days in re-filing the petition) 1. These are two applications which have been filed by the petitioner, i.e., the Food Corporation of India (in short FCI) to seek condonation of delay in filing the petition under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act) and thereafter, for re-filing the said petition. According to the FCI, there is a delay of one (1) day in filing the petition and a delay of 161 days in re-filing the same.2. The averments ma...


Dec 20 2013

Sharbati Vs. State

Court: Delhi

Decided on: Dec-20-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: December 20, 2013 + CRL.A. 674/1999 SHARBATI Through: ..... Appellant Mr. K.B. Andley, Sr. Advocate with Mr.M. Shamikh, Advocate versus STATE Through: ..... Respondent Mr. Sunil Sharma, APP for the State AND + CRL.A. 42/2000 RAME SINGH Through: ..... Appellant Mr. K.B. Andley, Sr. Advocate with Mr.M. Shamikh, Advocate versus STATE ..... Respondent Through: Mr. Sunil Sharma, APP for the State CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MS. JUSTICE INDERMEET KAUR JUDGMENT KAILASH GAMBHIR, J.1. By this common order we propose to dispose of two separate appeals preferred by Rame Singh and Sharbati Devi, respectively, who have been convicted by the learned Trial Court for committing an offence punishable under Sections 302 read with Section 120B of the Indian Penal Code, 1860 (hereinafter referred to as IPC) and have been sentenced to undergo imprisonment for life together with a fine of Rs.300/- each and in default of ...


Dec 19 2013

National Industrial Training Centre Vs. Govt. of Nct of Delhi and ors

Court: Delhi

Decided on: Dec-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:19. 12.2013 + W.P.(C) 7042/2013 NATIONAL INDUSTRIAL TRAINING CENTRE..... Petitioner Through: Mr G.S. Suhag, Adv. versus GOVT. OF NCT OF DELHI & ORS ..... Respondents Through: Mr Rajat Malhotra, Adv for respondents 1 and 4 Ms Avnish Ahlawat and Mr Latika Choudhary, Adv for respondents 2 and 3 CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(Oral) In exercise of the powers conferred by Section 45(2)(d) and Section 19(1)(d) of the Road Transport Corporation Act, 1950 read with Delhi Road Transport Laws (Amendment) Act, 1971, Delhi Transport Corporation, with the previous sanction of the Central Government made Regulations known as Delhi Transport Corporation (Free and Concessional Passes) Regulations, 1985. The aforesaid Regulations, to the extent they are relevant for the purpose of this writ petition, read as under:-5. Student Concession Passes: These passes shall be available to the bonafide students of education ins...


Dec 19 2013

Hari Om Maheshwari Vs. M/S. G. E. Capital Transportation Financial Ser ...

Court: Delhi

Decided on: Dec-19-2013

* + THE HIGH COURT OF DELHI AT NEW DELHI C.S. (O.S.) No.1062/1997 Date of Decision:19. 12.2013 .Petitioner HARI OM MAHESHWARI Through: Mr. Manish Vashisht, , Mr. Dhruv Rohatgi, Advs. Versus M/S. G. E. CAPITAL TRANSPORTATION FINANCIAL SERVICES LTD. (Formerly known as SRF Finance Ltd.) ....Defendant Through: Ms. Deepika V. Marwah, Ms. P. S. Themsthingla, Ms. Worthing Kesar, Advs. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.1. This is a suit for recovery of Rs. 1,20,50,000/- along with pendentlite and future interest at the rate of 24%.2. Plaintiff is a member of the Delhi Stock Exchange (DSE). In 1990, he was selected as a member of DSE, and was allotted a membership share after paying a total sum of Rs. 5,42,000/-. And that the defendant, a Joint Stock Company is the plaintiffs subbroker, by virtue of an agreement dated September 7, 1992. And that vide an Memorandum of Understanding (MOU) dated April 20, 1994, the defendant agreed to purchase the membership share of the DSE as he...


Dec 19 2013

Commissioner of Income Tax Vs. Bharti Hexacom Ltd

Court: Delhi

Decided on: Dec-19-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % ITA No.1336/2010 Reserved on:13. h August, 2013 Date of Decision:19. h December, 2013 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr.Kamal Sawhney, Sr. Standing Counsel versus BHARTI HEXACOM LTD ..... Respondent Through: Mr.Ajay Vohra, Ms.Kavita Jha and Mr.Kaanan Kapur, Advocates ITA16792010 COMMISSIONER OF INCOME TAX ..Appellant Through: Mr.Kamal Sawhney, Sr. Standing Counsel Versus BHARTI CELLULAR LTD ..... Respondent Through: Mr.Ajay Vohra, Ms.Kavita Jha and Mr.Kaanan Kapur, Advocates ITA16802010 COMMISSIONER OF INCOME TAX ..Appellant Through: Mr.Kamal Sawhney, Sr. Standing Counsel Versus BHARTI CELLULAR LTD ..... Respondent Through: Mr.Ajay Vohra, Ms.Kavita Jha and Mr.Kaanan Kapur, Advocates ITA1142012 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr.Abhishek Maratha, Senior Standing Counsel With Ms.Anshul Sharma, Adv. Versus BHARTIHEXACOM LTD ..... Respondent Through: Mr.Ajay Vohra, Ms.Kavita Jha and Mr.Kaanan Kapur, Advo...


Dec 19 2013

Satinder Singh Vs. Union of India and ors

Court: Delhi

Decided on: Dec-19-2013

$~20 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.7093/2013 Date of decision:19. h December, 2013. % SATINDER SINGH Through : ..... Petitioner Mr.Anuj Aggarwal and Mr.Gaurav Khanna, Advocates. versus UNION OF INDIA AND ORS ..... Respondents Through : Mr.B.V.Niren, Advocate CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE DEEPA SHARMA GITA MITTAL, J.(Oral) 1. By way of the instant writ petition, the petitioner who is serving as a Commandant with the Central Reserve Police Force, Group Centre, Rambagh, Srinagar seeks quashing of the findings of the Medical Board dated 28th March, 2012 and 16th May, 2013 by which the petitioner has been placed in Medical Category P-3 and P-2 respectively rendering him ineligible for promotion to the rank of DIG in CRPF. The petitioner has challenged the findings of these Medical Boards inter alia on grounds of bias and vendetta.2. The facts giving rise to the present petition are briefly noted hereafter. The petitioner has claimed that ...


Dec 19 2013

Suman Ojha Vs. Smt. Kiran Ojha

Court: Delhi

Decided on: Dec-19-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h December, 2013 % + RFA No.352/2012 SUMAN OJHA Through: ..... Appellant Mr. Rajiv Kumar, Adv. Versus SMT. KIRAN OJHA .....Respondent Through: None. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree (dated 27.08.2011 of the Court of Additional District Judge (ADJ)-1, South District, Saket Courts, Delhi in suit No.143/2011 filed by the respondent) of recovery of possession of house No.S-97 (new No.A-127), Gali No.6, Gagan Vihar, Badarpur, New Delhi from the appellant.2. Notice of the appeal and the accompanying applications for condonation of 263 days delay in filing the appeal and for stay of execution was on 21.08.2012 ordered to be issued. The notice could not be served either owing to the default of the appellant in taking steps or for the reason of service report being awaited. Ultimately, service report of the premises being locked and / or of the respondent...


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