Delhi Court September 2013 Judgments
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Dr. Pankaj Kumar Vs. K.L. Katyal
Court: Delhi
Decided on: Sep-03-2013
IN THE HIGH COURT OF DELHI AT NEW DELHI CS (OS) No. 885 of 2005 DR. PANKAJ KUMAR ..... Plaintiff Through: Ms. Huma Mahfooz, Advocate. versus K.L. KATYAL ..... Defendant Through: Mr. M.S. Vinaik, Advocate. CORAM: JUSTICE S.MURALIDHAR ORDER 03 09.2013 1. Dr. Pankaj Kumar has filed this suit against Shri K.S. Katyal for a decree of specific performance of the agreement to sell and purchase dated 19th February 2005 thereby directing the Defendant to perform his part of the contract and execute title deeds in respect of the suit property i.e. Flat No. C1/A/98A, Pankha Road, Janakpuri, New Delhi (hereafter the suit property) in favour of the Plaintiff and in the alternative to direct the Defendant to pay the amount equivalent to the difference between the sale price and the market price of the suit property prevalent at the time of filing of the suit to the Plaintiff. The Plaintiff has also sought a decree of permanent injunction restraining the Defendant from selling, transferring, alienati...
M/S. Grandeur Collection Vs. Shahi Fashions Pvt. Ltd.
Court: Delhi
Decided on: Sep-03-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. h August, 2013 Date of Decision:3rd September, 2013 % + CO.PET. 475/2011 M/S. GRANDEUR COLLECTION Through: ..... Petitioner Mr. Dhruv Wahi with Mr. Ashish Sindhu, Advocates. versus SHAHI FASHIONS PVT. LTD. Through: ..... Respondent Mr. C. Mukund with Mr. Ashok Jain, Mr. Pankaj Jain, Ms. Ekta Bhasin, Mr. Amit Kesaria and Ms. Firdouse Qutbwani, Advocates. CORAM: MR. JUSTICE R.V. EASWAR R.V. EASWAR, J.: This is a petition filed under section 433(e), 434 and 439 of the Companies Act by M/s Grandeur Collection seeking winding up of M/s Shahi Fashions Pvt. Ltd. in the following circumstances.2. The petitioner is a sole proprietorship concern engaged in the business of manufacture and sale of readymade garments. It entered into an arrangement with the respondent company under which it regularly supplied garments on outright sale basis and it was agreed that the respondent company would make payments to the petitioner against the invoic...
V.M. Mehta Vs. M/S Ultra Securities Pvt. Ltd.
Court: Delhi
Decided on: Sep-03-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Order delivered on: September 03, 2013 CM(M) No.903/2013 & CM No.10649/2013 V.M.MEHTA Through ..... Petitioner Mr.Sandeep Sharma, Adv. with Mr.Ankur Goel and Mr.Vikas Sharma, Advs. versus M/S ULTRA CARE SECURITIES PVT. LTD. Through None. ..... Respondent CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) CM No.10650/2013 Exemption allowed, subject to just exceptions. The application is disposed of. CM(M) 903/2013 & CM No.10649/2013 1. The respondent filed a suit for recovery of the amount of Rs. 6,59,349.47/- under Order XXXVII CPC against the petitioner herein. The petitioner filed an application for leave to defend in May 2005 wherein among others, one of the contention was with respect to the applicability of the provisions of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) and presence of the arbitration clause between the parties. Clause F and G of Para 2 of the application are referred for...
State Vs. SachIn Shokeen and ors.
Court: Delhi
Decided on: Sep-03-2013
$~04. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.L.P. 2/2013 STATE Through : ..... Appellant Ms.Rajdipa Behura, Adv. versus SACHIN SHOKEEN & ORS. Through : ..... Respondent Mr.Satish Tamta and Ms.Nisha Narayanan, Advs. for respondents no.1, 2 and 4. Mr.Ashok Kumar Sharma, Adv. for the victims/complainant CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE G.P. MITTAL % CRL.M.A.NO.25/2013.1. ORDER 03 09.2013 This is an application filed by the State/appellant under Section 5 of the Limitation Act read with Section 482 of the Code of Criminal Procedure for condonation of 92 days delay in filing the present leave to appeal petition.2. Learned counsel for the appellant submits that the delay caused in filing the present leave to appeal petition was neither intentional nor the same was on account of inaction or negligence on the part of the appellant but the same is due to bona fide reasons. Counsel further submits that after the impugned judgment was passed, the file was proces...
M/S. Shriram Coconut Products (P) Ltd. Vs. Uoi and ors
Court: Delhi
Decided on: Sep-03-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 19975/2005 % 03.09.2013 M/S. SHRIRAM COCONUT PRODUCTS (P) LTD. ..... Petitioner Through Mr. Yash Srivastava, Mr. Milanka Chaudhary, Mr. Sarojawand Jha, Advocates versus UOI & ORS ..... Respondents Through Mr. Neeraj Chaudhary, Advocate for respondent No.1/UOI. Ms. Biji Rajesh, Advocate for Mr. Gourang Kanth, Advocate for respondent Nos. 2 & 3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J.MEHTA, J (ORAL) 1. By this petition, challenge is laid by the petitioner to the impugned order of the respondent No. 2-Employees Provident Funds Appellate Tribunal dated 27.7.2005. The Appellate Tribunal by the impugned order has held that petitioners industry which makes products from desiccated or dry/brown coconuts is covered under the entry Fruit and Vegetable Preservation Industry as found in Schedule-I of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (for short the EPF Ac...
Govt. of Nct of Delhi and anr. Vs. Jitender Kumar
Court: Delhi
Decided on: Sep-03-2013
$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:03. 09.2013 + W.P.(C) 5534/2013, C.M. APPL. 12308/2013 GOVT. OF NCT OF DELHI AND ANR. ..... Petitioners Through: Ms. Avnish Ahlawat, Advocate. versus JITENDER KUMAR Through : Nemo. ..... Respondents CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The Govt. of NCT of Delhi questions an order of the Central Administrative Tribunal (CAT) dated 09.04.2013, setting aside the termination of the respondent on 30.05.2011.2. The respondent had applied for recruitment to the post of Grade-IV (DASS)/LDC and was duly selected. He was appointed by a letter dated 07.10.2010/16.10.2010 and he consequently joined the services. Before the appointment, the respondent had furnished an Attestation Form on 01.08.2010. In Column 13, in answer to certain queries, he had indicated in Columns 13(a) and 13(b) that he had been prosecuted earlier W.P.(C) 5534/2013 Page 1 and ...
National Insurance Co. Ltd. Vs. Sneh Chawla and ors.
Court: Delhi
Decided on: Sep-03-2013
$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:3rd September, 2013 % + MAC.APP. 455/2011 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr. A.K. Soni, Advocate. Versus SNEH CHAWLA & ORS. Through: ..... Respondents Mr.A.S.Rawat, Advocate for Respondent Nos.1 to4/Claimants. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal is preferred against the impugned award dated 27.01.2013, whereby the learned Tribunal has awarded the compensation as follows:1.2. 3.4.5. Loss of dependency Loss of Consortium Loss of Love and affection Loss of Estate Funeral expenses MAC.APP. 455/2011 : Rs.23,47,380/: Rs. 10,000/: Rs. 10,000/: Rs. 10,000/:2. Learned counsel appearing on behalf of the appellant/Insurance Company has argued that the learned Tribunal has relied upon the school leaving certificate of the deceased Ex.PW1/4, which is only a photocopy and wherein the date of birth of the deceased has been mentioned as 20.09.1970. The respondents/c...
Sh. Gopal Kumar @ Sanjay Vs. Sh.Amar Singh Patel and ors.
Court: Delhi
Decided on: Sep-03-2013
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:3rd September, 2013 % + MAC.APP. 810/2013 SH. GOPAL KUMAR @ SANJAY ..... Appellant Through: Mr. Manish Maini, Advocate. Versus SH.AMAR SINGH PATEL & ORS. Through: None. ..... Respondents CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The instant appeal is preferred by the appellant for enhancement of the award dated 15.05.2013, whereby the learned Tribunal has granted a compensation for a sum of Rs.3,15,068/-.2. Facts of the case are that on 15.06.2012 when the appellant was tightening the ropes of the tripal on his vehicle, the offending vehicle was reversed by the respondent No.1 in rash and negligent manner without taking proper precautions. Consequently, appellant was sandwiched between his vehicle and the offending vehicle due to which he received grievous injuries.3. For awarding compensation the learned Tribunal has framed the following issues:1. 2. What amount of compensation the petitioner is ...
National Insurance Co. Ltd. Vs. Phoolo and ors.
Court: Delhi
Decided on: Sep-03-2013
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:03. d September, 2013 % + MAC.APP. 15/2005 & CM Nos. 7167/2006 and 15880/2008 NATIONAL INSURANCE CO. LTD. ..... Appellant Through: Mr.L.K. Tyagi, Adv. versus PHOOLO & ORS. ..... Respondents Through: None CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. None has been appearing on behalf of the respondents from the last six consecutive dates. So is the position today. The present appeal pertains to the year 2005.2. Having no option, the instant appeal is being taken up for final disposal.3. Instant appeal has been preferred against the impugned judgment dated 25.10.2004, whereby the ld. Tribunal, while adjudicating the petition under section 163-A of the M.V. Act, has considered the salary of the deceased as Rs.6,830/- per month.4. Counsel appearing on behalf of the appellant has argued that if the petition is under section 163-A, the compensation should be as per Second Schedule of the M.V. Act. Accordingl...
Union of India and anr. Vs. Shri Sanjay Kumar Yadav
Court: Delhi
Decided on: Sep-03-2013
* IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:3. d September, 2013 + WP(C) NO. 5530 OF 201.& CAV 763/2013 and CM 1230607/2013 UNION OF INDIA & ANR. ..... Petitioners Through: Mr.Abhishek Yadav with Mr.Kumar Dushyant Singh, Advocates. versus SHRI SANJAY KUMAR YADAV ..... Respondent Through: Mr.Sanjeev Bhandari, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE NAJMI WAZIRI (Oral) CM No.12307/2013 Allowed, subject to all just exceptions. WP(C) No.5530/2013 & CM 12306/2013 (stay) 1. This Petition arises from the order of Central Administrative Tribunal, Principal Bench, New Delhi (Tribunal) in OA No.475 of 2011, whereby the order by the Disciplinary Authority, dated 22nd August, 2008 imposing a penalty of reduction to lower stage in the same time scale against the respondent herein was quashed and consequential WP(C) No.5530/2013 Page 1 benefits to him were restored. The petitioners were directed to refund the amount recovered from...
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