Delhi Court December 2013 Judgments
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National Insurance Co Ltd Vs. Maneshwar Dutt Sharma and ors
Court: Delhi
Decided on: Dec-18-2013
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:18 th December,2013 + MAC.APP. 738/2012 & CM No.11924/2012 NATIONAL INSURANCE CO LTD ..... Appellant Represented by: Mr.Pradeep Gaur, Advocate. Versus MANESHWAR DUTT SHARMA AND ORS ..... Respondents Represented by: Ms.Sumeet Kaur, Advocate for Respondent Nos. 2 and 3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) MAC.APP. 738/2012 1. The present appeal is directed against the impugned award dated 01.05.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.2,49,560/- with interest at the rate of 9% per annum from the date of filing of the petition till realization.2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued that driving licence produced by respondent No.1 was found to be fake and a witness from the concerned licensing authority was also examined as R3W2 by appellant to this effect, who had categorically stated that licence bearing No.20780 wa...
M/S Kusum Enterprises and ors. Vs. Vimal Kochhar and anr.
Court: Delhi
Decided on: Dec-18-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:18. h December, 2013 % + RFA No.466/2013, CMs No.15423/2013 (for stay), 15422/2013 (for condonation of 909 days delay in re-filing the appeal) & 19694/2013 (for restoration of the appeal ) M/S KUSUM ENTERPRISES & ORS. ..... Appellants Through: Mr. K.C. Mittal & Mr. A. Chauhan, Advs. Versus VIMAL KOCHHAR & ANR. ..... Respondents Through: Mr. R.S. Mahla, Adv. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 The appeal impugns the judgment and decree (dated 15.12.2010 of the Court of Additional District Judge (ADJ)-07, Central, Tis Hazari Courts, Delhi in CS No.191/2007 (ID No.02401C0235462007) filed by the respondents / plaintiffs) holding the rent / mesne profits payable by the appellants / defendants to the respondents / plaintiffs till 30.06.2008 @ Rs.60,000/- per month and @ Rs.6,000/- per day with effect from 01.07.2008 to 12.02.2009 with interest at 16%, without specifying from which date to which date. Th...
U.K. Paint Industries Proprietor M/S. U.K. Paint ( Vs. Commissioner of ...
Court: Delhi
Decided on: Dec-18-2013
$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION (CIVIL) No.2494/1997 Reserved on:1. t November, 2013 Date of decision:18. h December, 2013 U.K. PAINT INDUSTRIES PROPRIETOR M/S. U.K. PAINT (INDIA) LIMITED & ANR. ..... Petitioners Through Mr. G.L. Rawal, Sr. Advocate with Mr. Rajesh Rawal, Advocate. versus COMMISSIONER OF CUSTOMS & OTHERS ..... Respondents Through Mr. Rahul Kaushik Bhuvneshwari Pathak, Advocates. & Ms. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.: Two issues arise for consideration in the present writ petition. The first issue is whether the petitioner- U.K. Paint Industries proprietorship of U.K. Paint (India) Limited can utilise advance licences in respect of goods imported earlier?. The second question is whether the petitioner is liable to pay interest under Section 61(2) of the Customs Act, 1962 (Act, for short)?. The aforesaid questions, have to be answered in light of the decision of the Supreme Court...
Manish Vs. Indu and anr.
Court: Delhi
Decided on: Dec-18-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. 12.2013 + CRL.REV.P. 732/2013 MANISH ..... Petitioner Through: Mr. Satish K. Sansi, Adv. versus INDU & ANR. ..... Respondents Through: None. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.CRL.M.A. No.19138/2013 (exemption) Exemption as prayed is allowed, subject to just exceptions. Application stands disposed of. CRL.REV.P. No.732/2013 1. By way of this criminal revision, challenge has been made to order dated 23.10.2013 passed by the learned Judge, Family Court, Patiala House, Delhi in case No.M-41/12 whereby interim maintenance @ `10,000/- p.m. has been given to the respondent No.1/wife and her minor daughter.2. Briefly, the factual background is as under:Respondent No.1/wife has filed a petition before the Family Court, Patiala House Courts, New Delhi under Section 125 Cr.P.C. for the grant of monthly maintenance and expenses of proceedings to her and her minor daughter which is pending disposal before the Famil...
Times Internet Ltd. Vs. Commissioner of Central Excise
Court: Delhi
Decided on: Dec-18-2013
$~20. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CEAC No.24/2013 Date of decision:18. h December, 2013 TIMES INTERNET LTD. ..... Petitioner Through Ms. Prem Lata Bansal, Sr. Advocate with Mr. Ruchir Bhatia, Advocate. versus COMMISSIONER OF CENTRAL EXCISE ..... Respondent Through Mr. Pradeep Desodya, Advocate for Ms. Anjana Gosain, Advocate. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): Having heard learned counsel for the parties, we are inclined to frame the following substantial question of law:Whether the Customs, Excise and Service Tax Appellate Tribunal was justified and correct in directing the appellant to deposit Rs.1.5 crores in five monthly equal instalments starting March, 2013 as a pre-condition of hearing of the appeal on merits?.2. With the consent of the parties, as limited and a short issue arises for consideration, the appeal is taken for hearing today itself.3. The appellant is a company engaged in the business...
Rajbardhan Singh Rajpoot Vs. the Union of India and ors.
Court: Delhi
Decided on: Dec-18-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:18. 12.2013 + W.P.(C) 6679/2013 RAJBARDHAN SINGH RAJPOOT ..... Petitioner Through: Mr Mohit Kumar Shah, Adv. versus THE UNION OF INDIA & ORS. ..... Respondents Through: Mr Neeraj Chaudhary, CGSC and Mr Ravjyot Singh, Adv. for R-1 with Mr Prashob Revi, Assistant, MEA CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(Oral) The petitioner before this Court applied to the concerned Regional Passport Office on 22.08.2006 for issue of a passport under the Tatkal Scheme. In the said application form, he gave his address as Village Gudhal, Post Barai, Tehsil Kolaras, District Shiv Puri, M.P. He also submitted a letter from SDM, Badarwas (Kolaras) who certified that the petitioner was residing at the aforesaid place. After issue of passport, the matter was referred to the concerned Police Station for verification of the address and antecedents of the petitioner. On 26.03.2007, it was reported by the Superintendent of Police, S...
Babita and ors Vs. Sarwan Singh and ors
Court: Delhi
Decided on: Dec-18-2013
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. h December, 2013 CM(M) 1367/2013 BABITA & ORS ..... Petitioners Represented by: Mr. Navneet Goyal, Adv. Versus SARWAN SINGH & ORS ..... Respondents Represented by: NEMO. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the present petition, the petitioner is seeking direction to modify the order dated 18.02.2013 to the extent of keeping the remaining amount in FDRs form for a shorter period.2. Vide the award dated 18.02.2013, ld. Tribunal has granted compensation for a sum of Rs.26,81,201/- with interest @ 9% per annum from the date of filing of the petition till realization.3. Ld. Tribunal further directed that out of the total compensation amount, Rs.50,000/- in cash be paid in favour of the petitioner No.1, widow of the deceased and remaining amount is directed to be kept in the form of FDR with liberty to withdraw the monthly interest through her saving bank account on said FDRs in SBI,...
Ved Prakash Vs. Mangrove International Ltd.
Court: Delhi
Decided on: Dec-18-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:18. h December, 2013 % + RFA No.153/2013 VED PRAKASH Through: ..... Appellant Mr. Madan Lal Sharma & Mr. Varun Nishcal, Advs. Versus MANGROVE INTERNATIONAL LTD. Through: None. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW ..... Respondent RAJIV SAHAI ENDLAW, J.1. The appeal impugns the judgment and decree (dated 23.01.2013 of the Court of Additional District Judge (ADJ)-03, (South District), Saket Courts, New Delhi in CS No.548/2010 filed by the respondent / plaintiff for recovery of Rs.14,07,067/- from the appellant / defendant) of recovery of Rs.14,00,000/- from the appellant / defendant with costs and interest, consequent to the dismissal of the application under Order 37 Rule 5(3) of the CPC filed by the appellant / defendant for leave to defend the suit filed by the respondent / plaintiff under Order 37 of the CPC.2. Notice of the appeal was issued and vide ex parte ad-interim order dated 20.03.2013, subject to the appellant...
Srichand Badlani Vs. Govt. of N.C.T. of Delhi and ors.
Court: Delhi
Decided on: Dec-18-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:18. 12.2013 + W.P.(C) 7314/2013 SRICHAND BADLANI Through versus ..... Petitioner Mr. Sunil Lalwani, Adv. GOVT. OF N.C.T. OF DELHI & ORS. ..... Respondents Through Ms. Zubeda Begum, Standing Counsel and Ms. Sana Ansari, Adv. CORAM: HON'BLE MR. JUSTICE V.K.JAIN JUDGMENT V.K.JAIN, J.(Oral) Property No.21/9, West Patel Nagar, New Delhi which was initially a leasehold property and stands converted into a freehold property, was owned by Late Smt. Ishwari Bai. On her death, the aforesaid property was mutated in the name of her two sons, namely, petitioner Srichand Badlani, his brother Sh. Sukhu Badlani and his nephew Sh. Ajay Badlani, who was the grandson of Smt. Ishwari Bai, being the son of her pre-deceased son. The aforesaid property was converted from leasehold to freehold in April, 2000 and the mutation in the name of petitioner-Srichand Badlani, Sh. Sukhu Badlani and Sh. Ajay Badlani had been carried out earlier.2. Vide relinq...
Ex. Astt.Sub Inspector Kehar Singh Vs. Uoi and ors.
Court: Delhi
Decided on: Dec-18-2013
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: December 18, 2013 + W.P.(C) 3421/2001 EX. ASTT. SUB INSPECTOR KEHAR SINGH ..... Petitioner Represented by: Ms.Jyoti Singh, Sr.Advocate with Ms.Ripika, Ms.Tinu Bajwa and Ms.Saahila Lamba, Advocates versus U.O.I. & ORS. Represented by: ..... Respondents Mr.R.V.Sinha, Advocate for R-1 Mr.Sachin Chopra, Advocate with Mr.Anuj Tyagi, Advocate for GNCTD CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V. KAMESWAR RAO PRADEEP NANDRAJOG, J.(Oral) 1. Order dated December 04, 2009 passed in the instant writ petition reads as under:The contention of learned counsel is that the punishment awarded to the Petitioner is too harsh and disproportionate. It is submitted that other persons who have remained unauthorizedly absent from duty have been given a punishment much lesser than that of dismissal from service. We had requested learned counsel for the Respondents to check up the service record of the Petitioner and she i...
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