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Delhi Court December 2014 Judgments

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Dec 10 2014

H K Corporation Vs. Assistant Provident Fund Commisioner

Court: Delhi

Decided on: Dec-10-2014

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on 10th December, 2014 + W.P.(C) 8737/2014 H K CORPORATION Represented by: ..... Petitioner Mr.S.K.Gupta, Adv. versus ASSISTANT PROVIDENT FUND COMMISIONER Represented by: ..... Respondent Ms.Anubha Bhardwaj, Adv. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the instant petition, the petitioner seeks modification of the order dated 11.08.2014 passed by the learned Tribunal. He further seeks directions thereby directing the Tribunal to hear the appeal on merits without insisting the pre-deposit.2. The Petitioner has been asked to pay damages under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 for the period April, 2011 to April, 2013.3. Being aggrieved, the petitioner filed an appeal bearing No.ATA71216)2014 wherein vide order dated 11.08.2014 the learned Tribunal directed to deposit Rs.3 lacs as pre-deposit and the appeal is listed for hearing on 29.12.2014.4. Le...


Dec 10 2014

M/S Centuary Fibre Plates Pvt. Ltd. Vs. the Employees Provident Fund O ...

Court: Delhi

Decided on: Dec-10-2014

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on 10th December, 2014 + W.P.(C) 8742/2014 M/S CENTUARY FIBRE PLATES PVT. LTD. Represented by: ..... Petitioner Mr.Ashim Vachher and Mr.Pawash Piyush, Advs. versus THE EMPLOYEES PROVIDENT FUND ORGANIZATION & ORS ..... Respondents Represented by: Mr.R.C.Chawla with Mr.D.Rajeshwar Rao, Advs. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) CM No.20087/2014 (for exemption) Exemptions allowed, subject to all just exceptions. Accordingly, the application is allowed. W.P.(C) No.8742/2014 1. Learned counsel appearing on behalf of the petitioner submits that under the provision of Section 7A of the Employees Provident Fund and Miscellaneous Provisions Act, 1952, the statutory appeal is provided against the order passed by the Regional Provident Commissioner. Such an appeal is to be filed before the Employees Provident Fund Appellate Tribunal, New Delhi. The Chairman of the Tribunal has retired and no new incumbent has...


Dec 10 2014

Rakesh @ Toni Vs. State Nct of Delhi

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: December 08, 2014 Judgment Delivered on: December 10, 2014 % + CRL.A.1431/2014 RAKESH @ TONI Represented by: ..... Appellant Mr.K.Singhal, Advocate versus STATE NCT OF DELHI Represented by: ..... Respondent Mr.Varun Goswami, APP Insp.Balbir Singh, PTC Jharoda Kalan and SI Mahender Partap, PS Sultan Puri CORAM: HON'BLE MR. JUSTICE PARDEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA PARDEEP NANDRAJOG, J.1. The Indian Evidence Act, 1872 has three parts. Under the heading Relevance of Facts Part-I contains sections which guide the court in determining as to which facts would be relevant at a trial to determine the facts in issue. Under the heading On Proof Part-II contains sections which guide the court in determining how relevant facts or facts in issue have to be proved, and which would include documents. It contains provisions concerning presumptions pertaining to documents. Under the heading Production and Effect of Evidence...


Dec 10 2014

Stl Global Ltd. Vs. Oriental Bank of Commerce & Ors

Court: Delhi

Decided on: Dec-10-2014

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:10. h December, 2014 % + LPA No.763/2014 STL GLOBAL LTD. Through: .. Appellant Mr. T.K. Ganju, Sr. Adv. with Mr. Manish Kumar, Adv. Versus ORIENTAL BANK OF COMMERCE & ORS. .. Respondents Through: Mr. S.S. Lingwal, Adv. for R-2. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 This intra-court appeal impugns the order dated 29th September, 2014 of the learned Single Judge of this Court of dismissal of W.P.(C) No.7354/2013 preferred by the appellant. We heard the senior counsel for the appellant at length on admission and reserved judgment.2. The writ petition from which this appeal arises was filed to: (i) Direct the respondents No.1 and 2 Oriental Bank of Commerce and United Bank of India to give to the appellant at the cost of the appellant the certified copy of the complete file in respect of the loan granted by the said Banks to the respondent No.3 RPS Infrastructure Ltd. (ii) Direct...


Dec 10 2014

M/S Satnam Agri Products Ltd. & Ors Vs. Union of India & Ors

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7158/2014 & CM No.16189/2014 (stay) Pronounced on:10. 12.2014 M/S SATNAM AGRI PRODUCTS LTD. & ORS ..... Petitioners Through: Mr. Sanjeev Ralli with Mr. Aayush Juneja, Adv. Versus UNION OF INDIA & ORS ..... Respondents Through: Ms. Monika Arora, CGSC with Mr. Abhishek Choudhary, Mr. Rajeev Kumar Yadav, Adv. for respondent/UOI. Mr. Karan Khanna, Adv. for R-3, 8 & 9/Indian Overseas Bank. Mr. Anil Kumar Sangal with Mr. Siddharth Sangal, Adv. for respondent/SBI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW JUDGMENT : MS.G.ROHINI, CHIEF JUSTICE1 The short question that arises for consideration in this petition is whether the condition of making pre-deposit in terms of the second proviso to Section 18 (1) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short Securitisation Act), is mandatory even for entertaining an appeal against an order passed by the D...


Dec 10 2014

Directorate of Education Vs. Action Committee Unaided Recognized Priva ...

Court: Delhi

Decided on: Dec-10-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA No.781/2014 DIRECTORATE OF EDUCATION ..... Appellant Through: Mr. P.P. Malhotra, Sr. Adv. with Mr. V.K. Tandon, Mr. Pardeep Kumar, Mr. Yogesh Saini & Mr. Kartik Jindal, Advs. versus ACTION COMMITTEE UNAIDED RECOGNIZED PRIVATE SCHOOLS & ORS ..... Respondents Through: Mr. Rakesh Khanna, Sr. Adv. with Mr. Kamal Gupta, Adv. for R-1. Mr. Arun Bhardwaj, CGSC with Mr. Rishi Kapoor, Adv. for R-3/UOI. Mr. Vedanta Verma, Adv. AND + LPA No.769/2014 SOCIAL JURIST, A CIVIL RIGHTS GROUP ..... Appellant Through: Mr. Ashok Aggarwal, Adv. Versus ACTION COMMITTEE UNAIDED RECOGNIZED PVT. SCHOOLS & ORS ..... Respondents Through: Mr. Rakesh Khanna, Sr. Adv. with Mr. Kamal Gupta, Adv. for R-1. Mr. Anurag Ahluwalia, CGSC for R4/UOI. Mr. Vedanta Verma, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER1012.2014 % 1. Admit.2. The counsels for all the respondents appear on caveat / advance notice and waive formal service of notic...


Dec 10 2014

Singhiajhora Tea Estate Vs. Regional Provident Fund Commissioner

Court: Delhi

Decided on: Dec-10-2014

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on 10th December, 2014 + W.P.(C) 8767/2014 SINGHIAJHORA TEA ESTATE Represented by: ..... Petitioner Mr.S.K.Gupta, Adv. versus REGIONAL PROVIDENT FUND COMMISSIONER ..... Respondent Represented by: Mr.Abhinav Ashok and Mr.Arvind Verma, Advs. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the instant petition, the petitioner seeks modification of the order dated 11.09.2014 passed by the learned Tribunal. He further seeks directions thereby directing the Tribunal to hear the appeal on merits without insisting the pre-deposit.2. The petitioner has been asked to pay damages under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 for the period April, 1996 to February, 2014.3. Being aggrieved, the petitioner filed an appeal bearing No.ATA87015)2014 wherein vide order dated 11.09.2014 the learned Tribunal directed the petitioner to deposit Rs.20 lacs as pre-deposit and the ap...


Dec 10 2014

Sultan @ Rajesh Vs. the State ( Govt of Nct of Delhi)

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: December 05, 2014 Judgment Delivered on: December 10, 2014 % + CRL.A. 1046/2014 KHALIL AHMED Represented by: ..... Appellant Mr.B.S. Joon, Mr.A.S. Tokas, Mr.Varun Chugh and Mr.Siddharth Joon, Advocates versus STATE OF NCT OF DELHI Represented by: + ..... Respondent Ms.Asha Tiwari, APP for the State with Insp.Anand Yadav, PS Jamia Nagar. CRL.A. 1300/2014 SONVIR @ SOMVIR THR. HIS FATHER PAPPU SINGH ..... Appellant Represented by: Mr.Ravindra Narayan, Advocate versus STATE NCT OF DELHI Represented by: + ..... Respondent Mr.Lovkesh Sahani, APP for the State with Insp.Anand Yadav, PS Jamia Nagar. CRL.A. 1506/2014 SULTAN @ RAJESH Represented by: ..... Appellant Mr.Alamgir, Advocate versus THE STATE ( GOVT OF NCT OF DELHI) ..... Respondent Represented by: Ms.Asha Tiwari, APP for the State with Insp.Anand Yadav, PS Jamia Nagar CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Khalil Ahm...


Dec 10 2014

Khalil Ahmed Vs. State of Nct of Delhi

Court: Delhi

Decided on: Dec-10-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: December 05, 2014 Judgment Delivered on: December 10, 2014 % + CRL.A. 1046/2014 KHALIL AHMED Represented by: ..... Appellant Mr.B.S. Joon, Mr.A.S. Tokas, Mr.Varun Chugh and Mr.Siddharth Joon, Advocates versus STATE OF NCT OF DELHI Represented by: + ..... Respondent Ms.Asha Tiwari, APP for the State with Insp.Anand Yadav, PS Jamia Nagar. CRL.A. 1300/2014 SONVIR @ SOMVIR THR. HIS FATHER PAPPU SINGH ..... Appellant Represented by: Mr.Ravindra Narayan, Advocate versus STATE NCT OF DELHI Represented by: + ..... Respondent Mr.Lovkesh Sahani, APP for the State with Insp.Anand Yadav, PS Jamia Nagar. CRL.A. 1506/2014 SULTAN @ RAJESH Represented by: ..... Appellant Mr.Alamgir, Advocate versus THE STATE ( GOVT OF NCT OF DELHI) ..... Respondent Represented by: Ms.Asha Tiwari, APP for the State with Insp.Anand Yadav, PS Jamia Nagar CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Khalil Ahm...


Dec 10 2014

Union of India Vs. M/S R.R. Foundation Engineers (P) Ltd.

Court: Delhi

Decided on: Dec-10-2014

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. 96/2008 UNION OF INDIA ..... Petitioner Through: Mr. Ruchir Mishra and Mr. Aditya Madan, Advocate versus % M/S R.R. FOUNDATION ENGINEERS (P) LTD ..... Respondent Through: Ms. Anusuya Salwan and Ms. Renuka Arora, Advocates CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER ORDER1012.2014 IA No.1810/2008 (condonation of delay) 1. This is an application seeking condonation of delay in re-filing the petition. According to the petitioner, the delay is of 53 days in re-filing. Notice in this application was issued on the very first date i.e., 12.02.2008 alongwith notice in the main petition under Section 34 of the Arbitration and Conciliation Act, 1996 (in short 1996 Act).2. This application seems to have gone of the radar of the court and the application evidently has not been disposed of though orders have been issued by my predecessor on 29.04.2009 directing that the matter be put in the category of finals.3. Ms. Salwan, who appears for the re...


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