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Delhi Court September 2013 Judgments

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Sep 03 2013

M/S Aks Apparels Vs. Union of India and anr

Court: Delhi

Decided on: Sep-03-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d September, 2013. + W.P.(C) 2548/2013 M/S AKS APPARELS Through ..... Petitioner Mr. Anil K. Khanna, Advocate. versus UNION OF INDIA AND ANR ..... Respondent Through Dr. Ashwani Bhardwaj, Advocate with Mr. Aishwarya Shandilya, Advocate. Ms. Sweety Manchanda, CGSC. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL) Petitioner-AKS Apparels, sole proprietorship of Anup Joshi, by this writ petition has prayed for quashing/setting aside of Order No.243/12-Cus dated 11th June, 2012 passed by the Government of India in exercise of power under Section 129DD of the Customs Act, 1962 (Act, for short). The said order affirms the view taken by the first appellate authority and the adjudication authority that the petitioner herein should refund duty drawback of Rs.4,00,801/-.2. The petitioner herein is an exporter and during the period November, 2006 to June, 2007, had exported readym...


Sep 03 2013

The Managing Committee of Shiksha Bharati Senior S Vs. Director of Edu ...

Court: Delhi

Decided on: Sep-03-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) Nos. 10573/2009, 10574/2009, 10575/2009, 1279/2011, 3608/2011 & 1291/2011 3rd September, 2013 % 1. W.P.(C) 10573/2009 THE MANAGING COMMITTEE OF SHIKSHA BHARATI SENIOR SECONDARY PUBLIC SCHOOL ..... Petitioner Through: Mr. Mudit Sharma, Advocate. versus DIRECTOR OF EDUCATION AND ANR. Through: None.2. ..... Respondents W.P.(C) 10574/2009 THE MANAGING COMMITTEE OF SHIKSHA BHARTI SENIOR SECONDARY public SCHOOL ..... Petitioner Through: Mr. Mudit Sharma, Advocate. versus DIRECTOR OF EDUCATION AND ANR. Through: None.3. ..... Respondents W.P.(C) 10575/2009 THE MANAGING COMMITTEE OF SHIKSHA BHARTI SENIOR SECONDARY PUBLIC SCHOOL ..... Petitioner Through: Mr. Mudit Sharma, Advocate. versus DIRECTOR OF EDUCATION AND ANR. Through: None.4. W.P.(C) 1279/2011 MAMTA YADAV ..... Petitioner Through: versus GNCTD OF DELHI AND ORS. Through:5. ..... Respondents None. ..... Respondents Mr. Mudit Sharma, Advocate for respondent No.3. W.P.(C) 3608/2011 KRISHN...


Sep 03 2013

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...


Sep 03 2013

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...


Sep 02 2013

M/S Ganga Devi Vs. Govt. of Nct of Delhi and ors

Court: Delhi

Decided on: Sep-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :22. 08.2013 Judgment pronounced on :02. 09.2013 W.P.(C) 1958/2013 & CM 3726/2013 M/S MOHIT STORE Through: ..... Petitioner Mr. Pradeep Gupta, Mr. Parinav Gupta, Mr. Vishal Gupta, Advs. versus GOVT. OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Vinay Garg and Mr.Amit Srivastava with Inspector Kailash Kumar + W.P.(C) 1971/2013 & CM 3756/2013 M/S GANGA ADEVI ..... Petitioner Through: Mr. Pradeep Gupta, Mr. Parinav Gupta, Mr. Vishal Gupta, Advs. versus GOVT. OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Vinay Garg and Mr.Amit Srivastava with Inspector Kailash Kumar CORAM: HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.The petitioners in W.P.(C) No.1958/2013 and 1971/2013 are running Fair Price Shops bearing Nos. 9097 and 4799 respectively. The fair price shop holder is required to sell the specified food articles such as foodgrains only against the consumer cards registered with them or against the special ca...


Sep 02 2013

Commiossioner of Income Tax Xi Vs. Gokul Chand Hari Chand

Court: Delhi

Decided on: Sep-02-2013

$~1. * IN THE HIGH COURT OF DELHI AT NEW DELHI + INCOME TAX APPEAL No. 330/2013 Date of decision:2. d September, 2013 COMMIOSSIONER OF INCOME TAX XI ..... Appellant Through Mr. Abhishek Maratha, Sr. Standing Counsel & Ms. Anshul Sharma, Advocate. Versus GOKUL CHAND HARI CHAND ..... Respondent Through Nemo. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE SANJEEV SACHDEVA SANJIV KHANNA, J.(ORAL): CM No. 10753/2013 & ITA No. 330/2013 This is an application for condonation of delay of 70 days in refiling of the appeal. The Registry has stated that the delay is about 285 days.2. Before issuing notice on the application for condonation of delay, we have deemed it appropriate to examine the appeal on merits and examine whether the impugned order on merits requires interference. It was pointed out to the counsel for the appellant that the assessment order was cryptic and does not deal with and refer to adverse facts. Learned counsel for the appellant accepts the position but submi...


Sep 02 2013

Haryana Shakti College of Education Vs. Directorate of Higher Educatio ...

Court: Delhi

Decided on: Sep-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment reserved on :21. 08.2013 Judgment pronounced on :02. 09.2013 W.P.(C) 4009/2013 & CM 11465/2013 HARYANA SHAKTI COLLEGE OF EDUCATION..... Petitioner Through: Mr. Sanjay Sharawat, Adv. versus DIRECTORATE OF HIGHER EDUCATION & ANR. ..... Respondents Through: Mr. Mukul Talwar, Mr. S. Mohaptra, Advs. for GGISP University Ms. Zubeda Begum and Ms. Sana Ansari, Advs. for R-1 CORAM: HON'BLE MR. JUSTICE V.K. JAIN V.K. JAIN, J.The issue in this writ petition is as to whether respondent no.2-IP Indraprastha University is entitled to refuse affiliation to its B.Ed Course to a college, an institute which is being run in a non-conforming area i.e. area which under the Master Plan/Zonal Development Plan cannot be used for running such an institute. The petitioner before this Court is a Society which claims to be running a school under the name of `Haryana Shakti Higher Secondary School, since the year 1945. On 27th February, 2012, the petitioner su...


Sep 02 2013

Brijesh Vs. State

Court: Delhi

Decided on: Sep-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:24. h July, 2013 Date of Decision:2. d September, 2013 % + CRIMINAL APPEAL NO.1198/2012 BRIJESH Through: ..... Appellant Mr.Sudhir Nandrajog, Sr. Adv. with Ms.Jagriti Ahuja, Mr.Virender Rawat & Mr.Y.S. Chauhan, Advocates. Versus STATE Through: ..... Respondent Mr.Sanjay Lao, APP for State. CORAM: HON'BLE MR. JUSTICE P.K. BHASIN HON'BLE MR. JUSTICE VED PRAKASH VAISH VED PRAKASH VAISH, J:1. The appellant Brijesh has assailed the judgment dated 03.09.2012 passed by learned Additional Sessions Judge (Outer) in FIR No.1341/07, P.S. Sultan Puri whereby the appellant was convicted under Section 376 and 506 of Indian Penal Code (IPC for short) and the order on sentence dated 03.09.2013 whereby the appellant was sentenced to undergo life imprisonment for the offence under Section 376 IPC along with a fine of Rs.1 lakh and in default of payment of fine, S.I. for a period of two years and rigorous imprisonment for a period of five years and a ...


Sep 02 2013

Tarif Singh Dabas and anr. Vs. Govt. of Nct of Delhi and ors.

Court: Delhi

Decided on: Sep-02-2013

R-1 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10876/2009 & CM APPL. 2981/2013 TARIF SINGH DABAS AND ANR. ..... Petitioners Through: Mr. J.P. Sengh, Senior Advocate with Mr. Sumeet Batra and Ms. Ankita Gupta, Advocates and petitioner No. 1 in person versus GOVT. OF NCT OF DELHI AND ORS. ..... Respondents Through: Mr. V.K. Tandon, Advocate for respondents No.1 to 6. Mr. Deepak Dhingra, Advocate with Mr. Rajesh Kumar Verma, Advocate for R-7 and respondent No.7 in person. Date of Decision:02. d September, 2013 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:(Oral) 1. The present writ petition has been filed challenging the order dated 26th June, 2009 passed by the Financial Commissioner whereby respondent No. 7s revision petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act, 1948) for exclusion of his land bearing Khasra Nos.38/6 and 38/7 situated in the extended abadi/phir...


Sep 02 2013

Vipul Kumr Vs. Lok Sabha Secretariat and ors.

Court: Delhi

Decided on: Sep-02-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No. 3286/2012 % 2nd September, 2013 VIPUL KUMR Through: ..... Petitioner Mr. Gyanendra Singh, Advocate with Mr. Yogesh Kumar, Advocate. Versus LOK SABHA SECRETARIAT AND ORS. ..... Respondents Through: Ms. Zubeda Begum, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) + W.P.(C) No.3286/2012 and C.M. No.7000/2012 (stay) 1. The issue raised in the writ petition is squarely covered against the petitioner in terms of the judgment of the Supreme Court reported as Rajya Sabha Secretariat & Ors. Vs. Subhash Baloda and Ors. 2013 (2) Scale 394.2. What is contended before me is that there cannot be fixed 50% marks for the interview and which interview marks of 25 cannot be split up as being 18 for the interview and 7 for the various certificates such as NCC etc to be considered.3. These issues have in fact been decided against the petitioner by the Supreme Court and reference in...


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