Delhi Court April 2013 Judgments
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Bajaj Allianz General Insurance Co Ltd. Vs. Smt Som Wati and ors.
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. No.163/2012 Judgment reserved on:28. h February, 2013 Judgment delivered on:1. t April, 2013 % BAJAJ ALLIANZ GENERAL INSURANCE CO LTD. ..... Appellant Through: Mr.Rajat Brar, Advocate. Versus SMT SOM WATI & ORS. Through: ..... Respondents Mr. Akhilesh Arora, Advocate for Respondent Nos. 1 to 7. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.+ MAC.APP. 163/2012 1. The present appeal has been filed against the award dated 01.09.2011 passed by the learned Tribunal, whereby the appellant/Insurance Company was held liable to pay the compensation amount in favour of the respondents/claimants.2. Brief facts of the case, as narrated by PW-2 Sh. Nem Singh who alleged to be an eye witness of accident, are that on 16.10.2007, he along with deceased Veer Bhan were going on the motorcycle bearing registration no. DL3S-AS-6914. Sh. Veer Bhan was driving the motorcycle at a very moderate speed observing traffic rules and regulations and he w...
Darshan Singh and ors. Vs. Food Corporation of India
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 12014/2009 Judgment reserved on:19. h December, 2012 Judgment delivered on:1. t April, 2013 % DARSHAN SINGH & ORS. Through: ..... Petitioners Ms. Amita Gupta & Ms. Tanvi Kapoor, Advocates. Versus FOOD CORPORATION OF INDIA ..... Respondent Through: Mr. Sukumar Pattjoshi, Advocate. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Vide the instant petition, the petitioners are seeking direction to respondent to revise the piece rate for non-siding godowns as the workers are performing two operations, i.e., the stocks are first loaded into trucks and thereafter the bags are re-loaded from trucks into the wagons at the Railway Station and pay the same to the Direct Payment Systems (DPS) workers at Dhuri Centre, Punjab.2. Learned counsel appearing on behalf of the petitioners has submitted that a Memorandum of Settlement was signed between FCI Management Headquarters and representatives of FCI Workers Union on 01.11.1994 and as ...
Sh.Y.S.Kapoor Vs. Central Bank of India and ors.
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.1775/1996 % April 01, 2013 SH.Y.S.KAPOOR Through: ..... Petitioner Mr. Gulab Chander & Mr. S.N.Pandey, Advs. versus CENTRAL BANK OF INDIA AND ORS. ..... Respondents Through: Mr. R.S.Mathur, Adv. CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition is filed by the petitioner-Sh.Y.S.Kapoor impugning the order of the disciplinary authority dated 26.2.2004 by which the petitioner was inflicted punishment of dismissal from service. The chargesheet containing the following charges was issued against the petitioner: CHARGE-I : WP(C) 1775/1996 He issued a cheque bearing No.19899 dt.24.2.89 Page 1 of 9 for Rs.5000/- drawn on his HSS A/c No.8283 with our Patparganj Branch, Delhi, without keeping sufficient balance to cover payment of the cheque. CHARGE-II : His cheque No.19899 dated 24.2.89 was presented by Canara Bank through RBI clearing on 16.3.89. At NBO, the cheq...
Commissioner of Income Tax Vs. Aradhana Drinks and Beverages Aradhana ...
Court: Delhi
Decided on: Apr-01-2013
$~6 THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:01. 04.2013 ITA 607/2012 COMMISSIONER OF INCOME TAX ..... Appellant versus ARADHANA DRINKS & BEVERAGES PVT. LTD. ..... Respondent Advocates who appeared in this case: For the Appellant : Mr Abhishek Maratha, Sr. Standing Counsel with Ms Anshul Sharma, Advocate. For the Respondent : Mr C. S. Aggarwal, Sr. Adv. with Mr Vishal Kalra and Mr Prakash Kumar, Advocates. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. This appeal by the revenue is directed against the order dated 21.04.2011 passed by the Income Tax Appellate Tribunal, New Delhi in ITA No.3139/Del/2007 pertaining to the assessment year 2004-05. The assessing officer had made an addition of `22.58 crores under section 69 of the Income Tax Act, 1961 on account of alleged unexplained investment. It was the case of the revenue that while the respondent/ assessee had disclosed that it had paid a sum of `...
Nikhil Kapoor Vs. State Bank of Patiala and anr
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.3931/2010 % April 01, 2013 NIKHIL KAPOOR Through: ..... Petitioner None. versus STATE BANK OF PATIALA AND ANR Through: None. ..... Respondents CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) CM No.3865/2013(for restoration) This writ petition was dismissed in default on 24.1.2013. In this application for restoration in spite of the matter having been passed over, no one appears for the applicant/petitioner. Ordinarily I would have dismissed the application for default, but since I have gone through the record, I allow the application inasmuch as I am proposing to dispose of the writ petition on merits. CM stands disposed of. WP(C) No.3931/2010 1. By this writ petition, petitioner prays for employment on compassionate ground. Petitioner claims to be the son of deceased Smt. Praveen Bala Kapoor who died in harness on 6.11.1993 i.e about twenty years back i.e on 21.12.1993. The...
H.D.F.C. Vs. Sunil Kumar
Court: Delhi
Decided on: Apr-01-2013
* THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No. 3095/2011 Date of Decision:01. 04.2013 H.D.F.C. ...Plaintiff Through: Mr. Ajay Saroya, with Ms. Nisha Mohandas and Mr. B.L Yadav, Advocates Versus ....Defendant Sunil Kumar Through: CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.(Oral) 1. This suit for recovery was initially filed under Order XXXVII of the CPC, but was treated as an ordinary suit vide order dated 07 December 2012. The defendant having failed to make appearance, was proceeded ex parte. The plaintiff led ex parte evidence. The brief factual background of the case is as follows.2. The defendant had approached the plaintiffs Company for financial assistance (housing loan) to the tune of Rs. 34, 00,000/- (Rupees Thirty Four Lakhs only), for the purchase of a Dwelling Unit. After receipt of the loan application form in the second week of February, 2011; the plaintiff processed and sanctioned a loan amount of Rs. 34,00,000/- (Rupees Thirty Four Lakhs only) at 10% (Ten Pe...
Kare Partners Group India Pvt Ltd and anr Vs. Dr. Akhil Bhargava and o ...
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order delivered on: April 01, 2013 + R.A.No.177/2013 in OMP No.957/2012 KARE PARTNERS GROUP INDIA PVT LTD & ANR ..... Petitioners Through Mr.Rajiv Bansal, Adv. with Mr.Joseph P. & Ms.Swati Verma, Advs. versus DR.AKHIL BHARGAVA & ORS ..... Respondents Through Mr.Rakesh Kumar, Adv. with Mr.Adiya Nayyar, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. The abovementioned review application has been filed by the respondents under Section 114 CPC seeking review of the order dated 18th February, 2013 passed in the main petition as well as pending applications.2. The main grievance of the respondents in the review application is that while disposing of the main petition and the pending applications, this Court has not considered the objection of the respondents with regard to the territorial jurisdiction, as the respondents Hospital having its registered office at Distt. Mohali (Punjab). The prayer is made that the order da...
Dharampal and Satyapal Sons Pvt Ltd Vs. Cit Delhi Ii
Court: Delhi
Decided on: Apr-01-2013
$~3 THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:01. 04.2013 CEAC 46 2012 & CM 18227/2012 DHARAMPAL AND SATYAPAL SONS PVT LTD..... Petitioner Versus CIT DELHI II ..... Respondent Advocates who appeared in this case: For the Petitioner For the Respondent : Mr S K Bagaria, Sr. Adv. with Dr Prabhat Kumar, Adv. : Through Mr Kamal Nijhawan, sr. standing counsel with Mr Sumit Gaur, Adv. CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE R.V.EASWAR JUDGMENT BADAR DURREZ AHMED, J (ORAL) We have heard the learned counsel for the parties. The counsel are agreed that this appeal be disposed of at this stage itself. Two substantial questions of law arise for our consideration in this appeal. They are :(1) Whether, in the facts and circumstances of the case, the Customs, Excise and Service Tax Appellate Tribunal was correct in law in upholding the penalty of `2 crores under Rule 173Q(1)(d) of the Central Excise Rules, 1944? (2) Whether the finding of the Tribunal in conf...
Union of India Vs. Umesh Nanda and anr.
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : February 25, 2013 Judgment Pronounced on : April 01, 2013 + W.P.(C) 6735/2011 UNION OF INDIA ..... Petitioner Represented by: Mr.R.V.Sinha and Mr.A.S.Singh, Advocates. versus UMESH NANDA & ANR. ..... Respondents Represented by: Mr.Rohit Sharma and Mr.Amarjeet Singh, Advocates for R-1. Mr.Yashpal Rangi and Mr.Manjit Singh, Advocates for R-2. AND W.P.(C) 6736/2011 UNION OF INDIA ..... Petitioner Represented by: Mr.R.V.Sinha and Mr.A.S.Singh, Advocates. versus UMESH NANDA & ANR. ..... Respondents Represented by: Mr.Rohit Sharma and Mr.Amarjeet Singh, Advocates for R-1. Mr.Yashpal Rangi, Advocate for R-2. AND W.P.(C) 8121/2011 STATE OF HARYANA REPRESENTED BY: ITS CHIEF SECRETARY .... Petitioner Represented by: Mr.Yashpal Rangi, Advocate. Versus UMESH NANDA AND ANR WP(C) 6735, 6736, 8121/2011 ..... Respondents Page 1 of 19 Represented by: Mr.Rohit Sharma and Mr.Amarjeet Singh, Advocates for R-1. Mr.R.V.Sinha and Mr.A.S.Singh...
Vikas Kumar and anr. Vs. Union of India and ors.
Court: Delhi
Decided on: Apr-01-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : February 15, 2013 Judgment Pronounced on April 01, 2013 + WP(C) 902/2013 VIKAS KUMAR & ANR. .....Petitioners Represented by: Ms.Ritika Chawla and Mr.Arun Bhardwaj, Advocates. versus UNION OF INDIA & ORS. Represented by: None. ..... Respondents CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE VEENA BIRBAL PRADEEP NANDRAJOG, J.1. Late Mata Deen, a class-IV employee of the Government of India, died in harness on December 15, 1999. He was working as a Chowkidar. He was survived by his wife, Ved Kaur (petitioner No.2); two daughters named Kusum Lata and Rekha Rani; and two sons Dr.Uttam Kumar and Vikas Kumar.2. Being in pensionable service, family pension was sanctioned. Vikas Kumar, the younger son of the deceased made an application on June 13, 2001 seeking compassionate appointment on the death of his father, and since then he has been in litigation with the Department. Needless to state, compassionate app...
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