Delhi Court July 2013 Judgments
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First Lucre Partnership Co Vs. Abhinandan Jain
Court: Delhi
Decided on: Jul-25-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on : Pronounced on: + 18.07.2013 25.07.2013 I.A.10790/2011 & CS(OS) 574/2011 FIRST LUCRE PARTNERSHIP CO ..... Plaintiff Through Mr. Karan Jain, Advocate versus ABHINANDAN JAIN ..... Defendant Through Mr. Tarun Kumar Bedi, Advocate CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.I.A.10790/2011 (O.37 Rule 3(5) 1. This is an application filed by the defendant under Order 37 Rule 3(5) of the Code of Civil Procedure seeking leave to defend. The Suit is filed by the plaintiff under Order 37 of the Civil Procedure Code claiming recovery of a sum of Rs.25,72,000/-.2. As per the plaint, the plaintiff is a partnership firm and submits that it is engaged in the business of money lending. It has a licence granted by the Collector Money Lending, Delhi under Section 4 of The Punjab Registration of Money-lenders Act, 1938 as extended to Delhi. The suit transaction it is submitted consists of loan of Rs,20 lacs which was availed of by the defend...
Hamdard Public School Vs. Directorate of Education and anr.
Court: Delhi
Decided on: Jul-25-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 8652/2011 25th July, 2013 HAMDARD PUBLIC SCHOOL Through: ......Petitioner Mr. Rahul Gupta and Mr. Shekhar Gupta, Advocates. VERSUS DIRECTORATE OF EDUCATION & ANR. ...... Respondents Through: Mr. Surjit Keshri, Adv. for Mr. Aditya Madan, Adv. for R-1. Mr. Vineet Chaudhary, Adv. for R-2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes. VALMIKI J.MEHTA, J (ORAL) 1. This writ petition filed by the petitioner-school impugns the order of the Delhi School Tribunal dated 29.9.2011. By the impugned order, the Delhi School Tribunal has set aside the office note dated 1.10.2005 of the petitioner-school whereby the services of the respondent no.2 herein were terminated. Whereas the case of the petitioner-school was and is that respondent no.2 has been rightly terminated, as she was terminated during the period of probation by a non-stigmatic order, the case of respondent no.2 herein (appellant before the...
New India Assurance Company Ltd Vs. Pushpa and ors.
Court: Delhi
Decided on: Jul-25-2013
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. h July, 2013 MAC.APP. 1109/2012 NEW INDIA ASSURANCE COMPANY LTD...... Appellant Through: Mr. Abhishek Kumar and Mr. Vijay Singh, Advs. versus PUSHPA & ORS. ..... Respondents Through: Mr. Jayendra Mishra and Mr. K. Pramod, Advs. for R1 to R5. Mr. Manoj Kr. Verma, Adv. for R6. Mr.Krushanu Pundir, Adv. for R7. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) + MAC.APP. 1109/2012 1. Instant appeal has been preferred against the impugned order dated 18.08.2012, whereby ld. Tribunal has granted compensation of Rs.4,30,500/- (less interim award) with interest @ 9% from the date of filing of the petition till realization.2. Ld. Counsel appearing on behalf of the appellant has argued as a sole issue that on the date of accident, i.e., 31.07.2010, no policy was issued in favour of the insured. He submits that in the absence of the policy, the appellant is not liable to pay the compensation amount as directed...
Firstcorp International Limited Vs. Kuljit Singh Bhutalia
Court: Delhi
Decided on: Jul-25-2013
$~4 *IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 15/2013 Judgment reserved on 16th May, 2013 Judgement delivered on 25th July, 2013 % FIRSTCORP INTERNATIONAL LIMITED ..... Appellant Through :Mr. Anil Gera and Ms. Parvinder Khatra, Advs. Versus KULJIT SINGH BHUTALIA ..... Respondent Through :Mr. Daljit Singh, Sr. Advocate along with Mr. Saurabh Sandilya, Adv. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.1. Appellant-defendant has filed this appeal aggrieved by the judgment and decree of possession and mesne profits / damages passed by the trial court against it.2. Respondent-plaintiff filed a suit for recovery of possession and mesne profits in respect of third floor of property bearing no. 39, Sadhna Enclave, New Delhi-110017 (for short hereinafter referred to as suit property) against the appellant with the allegations that he was owner of the entire property bearing No.39, Sadhna Enclave, New Delhi-110017. On 1st October, 2002 M/s. Earthtech Enterprises Ltd. (EEL, for shor...
Gobind Lal Dureja Vs. United India Insurance Co. Ltd. and ors.
Court: Delhi
Decided on: Jul-25-2013
25 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.2227 /2012 25th July, 2013 % GOBIND LAL DUREJA Through: ..... Petitioner Mr. Arvind Kumar Gupta, Mr. Rahul Mangla, Advocates versus UNITED INDIA INSURANCE CO. LTD. AND ORS. .... Respondents Through: Mr. K.L. Nandwani, Advocate 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, an employee of the respondent No. 1, seeking the relief of quashing of the action of the respondent No.1 accepting voluntary retirement and for reinstating the petitioner in service with all consequential and monetary benefits.2. In the facts of the present case it is necessary to note a few dates. Petitioner gave a notice of voluntary retirement by his letter dated 4.8.2011. The date on which the voluntary retirement was to take effect was 29.2.2012 and as per the service rules which requires the voluntary retirement to take effect on expiry of six m...
Bharo Chaudhary and anr. Vs. Rakesh Kumar and ors.
Court: Delhi
Decided on: Jul-25-2013
$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:25. h July, 2013 + MAC.APP. 1177/2012 BHARO CHAUDHARY AND ANR. ..... Appellants Through: Mr. Sekhar Aggarwal, Adv. versus RAKESH KUMAR AND ORS. Through: R3. ..... Respondents Mr. Manoj Bhandari, Adv. for CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the instant appeal, appellant has assailed the judgment dated 16.08.2012, whereby, ld. Tribunal has granted total compensation of Rs.3,40,300/- with interest @ 7.5% per annum from the date of filing of the petition till realization.2. Instant appeal has been filed for enhancement of the compensation amount.3. Ld. Counsel appearing on behalf of the appellant submits that ld. Tribunal has failed to consider the salary of the deceased, who was working as a TSR mechanic and was earning Rs.12,000/- per month at the time of accident.4. PW3 Bharo Chaudhary, father of the deceased stated that his son was working as TSR mechanic and was earning Rs.12,000/- ...
Krishak Bharti Cooperative Limited Vs. Deputy Commissioner of Income T ...
Court: Delhi
Decided on: Jul-24-2013
THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:24. 07.2013 ITA No. 1248/2010 KRISHAK BHARTI COOPERATIVE LIMITED Appellant Respondent versus DEPUTY COMMISSIONER OF INCOME TAX Advocates who appeared in this case: For the Appellant : Mr S. Ganesh, Sr Advocate with Ms Surekha Raman, Mr Varun Singh and Mr Purushottam Kumar Jha For the Respondent : Mr Rohit Madan Kumar, Ms Pushpa Sharma WITH + ITA No. 614/2011 KRISHAK BHARTI COOPERATIVE LIMITED Appellant versus ADDITIONAL COMMISSIONER OF INCOME TAX Respondent Advocates who appeared in this case: For the Appellant : Mr S. Ganesh, Sr Advocate with Ms Surekha Raman, Mr Varun Singh and Mr Purushottam Kumar Jha For the Respondent : Mr Rohit Madan Kumar, Ms Pushpa Sharma CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED, ACTING CHIEF JUSTICE HONBLE MR JUSTICE R.V. EASWAR JUDGMENT BADAR DURREZ AHMED, ACJ 1.These appeals pertain to the assessment years 1993-94 and 1994-95. ITA No.1248/2010, which relates to the assessment year 1993-94, has ...
Cambridge Primary School Vs. the Directorate of Education and anr.
Court: Delhi
Decided on: Jul-24-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.4643 /2013 24th July, 2013 % CAMBRIDGE PRIMARY SCHOOL ..... Petitioner Through: Mr. Anirudh Wadhwa, Advocate. versus THE DIRECTORATE OF EDUCATION AND ANR. ..... Respondents Through: Ms. Purnima Maheshwari, Advocate for respondent No.1. 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-school impugning the letter dated 10.1.2007 which reads as under:No. EO/Zone-25/2006-2007/2139 Dated:-10/1/2007 To The Headmistress, Cambridge Primary School, New Friends Colony, New Delhi-65 Sub: Regarding retirement settlement of Mrs. Yukti Banerjee. Madam, Reference above cited subject I am to convey the observations of JAO (South) that pay has to be fixed at `5850/- giving her the benefit of bunching by adding two increments to the minimum of the new scale as she has drawn six or more increments in the pre-revised scale of pay. Copy of the pr...
Union of India and ors. Vs. Dharam Pal Gupta
Court: Delhi
Decided on: Jul-24-2013
*IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on July 15, 2013 Judgment Delivered on July 24, 2013 + W.P.(C) 3622/2013 UNION OF INDIA & ORS. ..... Petitioners Represented by:Mr.B.K.Berera, Advocate versus DHARAM PAL GUPTA ..... Respondent Represented by:Ms.Jyoti Singh, Sr.Advocate with Ms.Saahila Lamba and Mr.Sanjeev Chaswal, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge in the writ petition is to the order dated November 22, 2012 in Original Application No.2667/2011 and order dated March 14, 2013 in Review Application No. 47/2013 and M.A. 658/2013 in Original Application No.2667/2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi whereby the Tribunal has allowed the Original Application and set aside the order passed by the Director Postal Services under Rule 29 of the CCS (CCA) Rules, 1965 and further dismissed the Review Application filed by the petitioners herein.2...
State Vs. Randhir Singh and ors.
Court: Delhi
Decided on: Jul-24-2013
$~01. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 153/2013 Judgment dated 24th July, 2013 % STATE Through : ..... Petitioner Ms.Rajdipa Behura, Adv. versus RANDHIR SINGH & ORS. Through CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P. MITTAL ..... Respondents G.S.SISTANI, J (ORAL). CRL.M.A. 3639/2013.1. This is an application filed by the petitioner/State seeking condonation of 370 days delay in filing the present leave to appeal.2. Learned counsel for the petitioner submits that the delay in filing the present leave to appeal petition is not intentional and the same has occurred on account of procedural delays.3. Heard counsel for the petitioner and also perused the status report filed by Principal Secretary, LJ & LA, GNCT of Delhi. For the reasons stated in the application and the Status report, present application is allowed. Delay in filing the leave to appeal petition is condoned. However, it is hoped that in future appeal shall be filed by the State within ...
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