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Delhi Court February 2013 Judgments

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Feb 26 2013

Satya Pal Wadhera and ors. Vs. Uoi and ors.

Court: Delhi

Decided on: Feb-26-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : February 26, 2013 + W.P.(C) 197/2007 SATYA PAL WADHERA & ORS. ..... Petitioners Represented by: Mr.R.K.Shukla, Adv. versus UOI & ORS. ..... Respondents Represented by: Ms.Geetanjali Mohan with Ms.Mansi Gautam, Advs. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.(Oral) CM No.218/2011 (Restoration) & CM No.219/2011 (Condonation of delay) 1. CM No.218/2011 seeking recalling of the order dated May 14, 2010 is accompanied by CM No.219/2011 seeking condonation of delay in filing CM No.218/2011. As on date, not only the Writ Petition No.197/2007 is lying dismissed, even the CM No.6668/2010 seeking restoration of Writ Petition and CM No.6667/2010 seeking condonation of delay in filing CM No.6668/2010 are also lying dismissed in default. Before considering the CM Nos. 218/2011 and 219/2011 filed by the petitioners, it is necessary to have a look at the case of the petitioners and ...


Feb 26 2013

Ram Avtar Vs. Krishan Pal

Court: Delhi

Decided on: Feb-26-2013

* HIGH COURT OF DELHI AT NEW DELHI + R.S.A. NO.96 OF 201.Decided on :26. h February, 2013 RAM AVTAR Through: Appellant Ms.Jyotsana Gupta, Advocate. Versus KRISHAN PAL Respondent Through : CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) 1. This is a regular second appeal filed by the appellant against the order/judgment dated 24.3.2012 passed by Sh.Dinesh Bhatt, ADJ, Tis Hazari Courts, Delhi in RCA No.66/11.2. I have heard the learned counsel for the appellant. The learned counsel has contended that two substantial questions of law arising from the present regular second appeal reads as under:(a) Whether the document filed by the plaintiff is having a burden to prove it, or it shifts upon the defendant, as held by the trial court? (b) Whether the suit of the plaintiff is liable to be rejected for not proving the document filed by the plaintiff? 3. At the outset, it may be pertinent here to mention that both these questions cannot be treated as the substantial questions of law ...


Feb 26 2013

Commissioner of Service Tax Delhi Vs. Bharti Airtel Limited

Court: Delhi

Decided on: Feb-26-2013

$~2 THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:26. 02.2013 CEAC 8 2013 COMMISSIONER OF SERVICE TAX DELHI ..... Petitioner versus BHARTI AIRTEL LIMITED ..... Respondent Advocates who appeared in this case: For the Petitioner For the Respondent : Mr Rahul Kaushik, Adv. : Mr Tarun Gulati, Mr Neil Hildreth and Mr Shankey Aggarwal, Advs. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) CM No.1976/2013 (for delay in refiling) This is an application for condonation of delay in refiling the appeal. For the reasons mentioned in the application the delay in refiling is condoned. The application is disposed of. CEAC 8 2013 and CM 1975-1976/2013 1. This is an appeal against the order dated 15.5.2012 passed by the Customs, Excise and Service Tax Appellate Tribunal in service tax appeal no.655/2008. This appeal has been preferred by invoking the provisions of Section 35G of the Central Excise Act, 1944 read with Section...


Feb 26 2013

Oriental Insurance Company Ltd Vs. Babita and ors

Court: Delhi

Decided on: Feb-26-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. h February, 2013 Pronounced on:26. h February, 2013 + MAC.APP. 181/2010 ORIENTAL INSURANCE COMPANY LTD Through: ..... Appellant Ms.Manjusha Wadhwa, Advocate versus BABITA & ORS ..... Respondent Through: Mr.O.P.Mannie, Advocate CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The present Appeal is dismissed in terms of the judgment passed today in MAC.APP.180/2010 titled ORIENTAL INSURANCE COMPANY LTD. v. ANITA & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE FEBRUARY 26 2013 pst...


Feb 26 2013

Neena Bhagat and ors Vs. Laj Sharan Kaur and ors

Court: Delhi

Decided on: Feb-26-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:26. 02.2013 + CM(M) 230/2013 NEENA BHAGAT AND ORS ..... Petitioners Through: Mr. Anil Sharma, Adv. versus LAJ SHARAN KAUR AND ORS Through: None ..... Respondents CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.1. The petitioners along with their mother Smt. Jasbir Kaur had filed a suit for possession against the respondents alleging therein that late Sh.Jasbir Singh was the owner of property bearing No.51, R.B. Boota Singh Building, Khyber Pass, near Timarpur, Delhi. It was alleged that he had tenanted a portion of the said property to late Sh. Sharan Singh, husband of respondent No.1 and father of respondents No.2 to 6. It was alleged that after the death of Sh.Jasbir Singh the respondents started misbehaving with the petitioners and as such two legal notices were sent to them for vacating the suit property but of no result. Thereafter, an eviction petition was filed on the ground of 14(1)(h) & (i) of the DRC Act. The ...


Feb 26 2013

Ms. Madhuri Vs. Uoi and anr.

Court: Delhi

Decided on: Feb-26-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: February 26, 2013 + W.P.(C) 1344/2012 MS. MADHURI ..... Petitioner Represented by: Ms.Jayasree Narasimhan, Advocate for for Mr.Sudarshan Rajan, Advocate. versus UOI & ANR. ..... Respondents Represented by: Mr.Abhishek Yadav, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.(Oral) 1. Petitioner was employed as a substitute Bungalow Khalasi on terms contained in the letter dated March 20, 2009, and we note that there were five terms of engagement being as under:1. Your appointment is totally contractual.2. You will be eligible for temporary post on basis of your work report and also after regular services of 120 days.3. Only after 3 years of service you will be eligible for screening.4. If your work report is found to be unsatisfactory i.e. on your being non responsive towards work, being absent/bad behaviour etc., you will be terminated from rail services.5. On o...


Feb 26 2013

Babita and ors Vs. Surender and anr

Court: Delhi

Decided on: Feb-26-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. h February, 2013 Pronounced on:26. h February, 2013 + MAC.APP. 193/2010 BABITA & ORS ..... Appellant Through: Mr.O.P.Mannie, Advocate versus SURENDER & ANR ..... Respondent Through: Ms.Manjusha Wadhwa, Advocate for the Respondent No.3 Insurance Company. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.1. The present Appeal is allowed in terms of the judgment passed today in MAC.APP.180/2010 titled ORIENTAL INSURANCE COMPANY LTD. v. ANITA & ORS.2. For detailed order, please see the above mentioned judgment. (G.P. MITTAL) JUDGE FEBRUARY 26 2013 pst...


Feb 26 2013

Govt. of Nct of Delhi and ors. Vs. Mool Chand Sharma

Court: Delhi

Decided on: Feb-26-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :19. 02.2013 Judgment pronounced on :26. 02.2013 LPA No.73/2007 GOVT. OF NCT OF DELHI & ORS. Through : ..... Appellants Ms. Rachana Srivastava and Mr. Utkarsh Sharma , Advs. versus MOOL CHAND SHARMA Through : .... Respondents Mr. Rahul Gupta and Mr. Shekhar Gupta, Advs. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.1. Shop No.7, Kalyan Vas, Delhi was allotted to Shri Arjun Das Khattar for running a vegetable shop on payment of license fee of Rs.450/- per month. He was later allowed to include one Mr. P.S. Oberoi as his business partner. On dissolution of partnership between Mr. Arjun Das Khattar and Mr. P.S. Oberoi, the aforesaid shop came to be occupied solely by Mr. P.S. Oberoi. At this request, Mr. P.S. Oberoi was permitted to use the additional area measuring 204 sq. mtrs on the rear side of the Shop on payment of license fee fo Rs.321/- per month for the purpose of storage and cleaning...


Feb 26 2013

Charanjit Singh Bhalia and anr. Vs. the Financial Commissioner and ors ...

Court: Delhi

Decided on: Feb-26-2013

$~R-2, 3 and 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on : February 21, 2013 Judgment pronounced on : February 26, 2013 LPA No. 1154/2007 RAJDHANI PARK KALYAN KARINI SAMITI & ORS. ..... Appellant Versus THE FINANCIAL COMMISSIONER AND ORS. ..... Respondent + LPA No.1183/2007 CHARANJIT SINGH BHALIA AND ANR. ..... Appellant Versus THE FINANCIAL COMMISSIONER AND ORS. ..... Respondent + LPA No.1245/2007 PRAKASH LAND AND HOUSING CORPORATION versus FINANCIAL COMMISSIONER AND ORS. LPA 1154/07,1183/07 &1245/07 ..... Appellant Counsel for the Appellant: Mr. Ankit Jain and Mr. Ajay Mohan Gulati, Advs. in LPA No.1154/2007. Mr. Rajendra Dutt, Adv. in LPA No.1183/2007. Mr. Kamal Mehta, Adv. in LPA No.1245/2007. Counsel for the Respondent: Mr Sudhir Nandrajog, Sr Adv with Mr Sheetesh, Adv for respondent No.4 Ms. Avnish Ahlawat with Mr. N.K. Singh and Mr. Vibhav Mishra, Advs. for R-1 to 3. Mr. Davinder Verma, Adv. for R-5. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V...


Feb 26 2013

Prakash Land and Housing Corporation Vs. Financial Commissioner and or ...

Court: Delhi

Decided on: Feb-26-2013

$~R-2, 3 and 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on : February 21, 2013 Judgment pronounced on : February 26, 2013 LPA No. 1154/2007 RAJDHANI PARK KALYAN KARINI SAMITI & ORS. ..... Appellant Versus THE FINANCIAL COMMISSIONER AND ORS. ..... Respondent + LPA No.1183/2007 CHARANJIT SINGH BHALIA AND ANR. ..... Appellant Versus THE FINANCIAL COMMISSIONER AND ORS. ..... Respondent + LPA No.1245/2007 PRAKASH LAND AND HOUSING CORPORATION versus FINANCIAL COMMISSIONER AND ORS. LPA 1154/07,1183/07 &1245/07 ..... Appellant Counsel for the Appellant: Mr. Ankit Jain and Mr. Ajay Mohan Gulati, Advs. in LPA No.1154/2007. Mr. Rajendra Dutt, Adv. in LPA No.1183/2007. Mr. Kamal Mehta, Adv. in LPA No.1245/2007. Counsel for the Respondent: Mr Sudhir Nandrajog, Sr Adv with Mr Sheetesh, Adv for respondent No.4 Ms. Avnish Ahlawat with Mr. N.K. Singh and Mr. Vibhav Mishra, Advs. for R-1 to 3. Mr. Davinder Verma, Adv. for R-5. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V...


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