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Delhi Court March 2014 Judgments

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Mar 28 2014

Syed Aijaj Hasan Vs. Malik Mohammed Tahseen

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : February 18, 2014 Judgment Pronounced on : March 28, 2014 + RFA (OS) 14/2011 SYED AIJAJ HASAN Represented by: .....Appellant Mr.Bahar U.Barqi, Advocate versus MALIK MOHAMMED TAHSEEN .....Respondent Represented by: Ms.Jyoti Singh, Sr.Advocate instructed by Mr.Saahila Lamba and Mr.S.A.Zaidi, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. Suit seeking specific performance of an agreement to sell dated March 21, 2006 filed by the respondent against the appellant has been decreed by the learned Single Judge vide impugned judgment and decree dated December 20, 2010. The appellant has been directed to execute and have the sale-deed registered with respect to Flat No.22, Zakir Bagh, New Delhi upon respondent paying the balance sale consideration in sum of `40,00,000/- (Rupees Forty Lacs only). Since the appellant did not receive `40,00,000/- (Rupees Forty Lacs only)...


Mar 28 2014

Constable Kuldeep Singh Vs. Union of India and ors.

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: March 19, 2014 Judgment Delivered on: March 28, 2014 % + W.P.(C) 8805/2003 CONSTABLE KULDEEP SINGH ..... Petitioner Represented by: Mr.M.G.Kapoor, Advocate versus UNION OF INDIA & ORS Represented by: ..... Respondents Mr.Prasouk Jain, Advocate with Mr.Udit Gupta, Advocate and Mr.Bhupinder Sharma, Deputy Commandant, BSF CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. The writ petitioner challenges the order dated April 09, 2003 passed by the Summary Security Force Court holding the petitioner guilty of the charge framed against him and inflicting the punishment of dismissal from service upon the petitioner. Statutory petition preferred by the petitioner has been rejected vide order dated November 21, 2003. Though the said order has been referred to in the pleadings it has not been challenged in the writ petition in the prayer clause, but we treat the same to be challenged...


Mar 28 2014

Sh.S.B.Sharma Vs. Shree Adya Katyayani Shaktipeeth (Mandir) Trust and

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: March 21, 2014 Judgment Delivered on: March 28, 2014 + RFA(OS) 62/2014 SH S B SHARMA Represented by: ..... Appellant Mr.Sandeep Sethi, Senior Advocate instructed by Mr.Gaurav Mitra and Mr.Gaurav Mahajan, Advocates Versus SHREE ADYA KATYAYANI SHAKTIPEETH ( MANDIR) TRUST & ORS ..... Respondent Represented by: Mr.Neeraj Kishan Kaul, Senior Advocate instructed by Mr.Ashok Chhabra, Advocate + RFA(OS) 63/2014 DR R C JAIN (DECEASED) THR ITS LR SHRI NIRMAL JAIN ..... Appellant Represented by: Mr.Sandeep Sethi, Senior Advocate instructed by Mr.Gaurav Mitra and Mr.Gaurav Mahajan, Advocates Versus SHREE ADYA KATYAYANI SHAKTIPEETH (MANDIR) TRUST & ORS ..... Respondents Represented by: Mr.Neeraj Kishan Kaul, Senior Advocate instructed by Mr.Ashok Chhabra, Advocate + RFA(OS) 64/2014 SH P P SHRIVASTAV Represented by: ..... Appellant Mr.Sandeep Sethi, Senior Advocate instructed by Mr.Gaurav Mitra and Mr.Gaurav Mahajan, Advocates Versus SH...


Mar 28 2014

M/S. Anand Traders Vs. Commissioner of Sales Tax

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. 01.2014 Pronounced on:28. 03.2014 + ST. REF.6/2002, C.M. APPL. 20732/2013 M/S. ANAND TRADERS ..Petitioner Through: Sh. Rajesh Mahna with Sh. N.S. Bhatnagar and Sh. Ramanand Roy, Advocates. Versus COMMISSIONER OF SALES TAX ..Respondent Through: Sh. H.C. Bhatia, Advocate. + ST. REF.10/2002, C.M. APPL. 20734/2013 M/S. TILES EMPORIUM ..Petitioner Through: Sh. Rajesh Mahna with Sh. N.S. Bhatnagar and Sh. Ramanand Roy, Advocates. Versus COMMISSIONER OF SALES TAX ..Respondent Through: Sh. H.C. Bhatia, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V. EASWAR MR. JUSTICE S. RAVINDRA BHAT % 1. This is a reference from the Appellate Tribunal, Sales Tax in respect of the following questions of law:(1) Whether the Appellate Tribunal was justified in holding that Rule 7(3) of the Delhi Sales Tax Rules, 1975 is a substantive provision?. ST. REF. 6/02 & ST. REF.10/02 Page 1 (2) Whether the Appellate Tribunal was jus...


Mar 28 2014

Aman Nath Vs. Atul Nath and ors

Court: Delhi

Decided on: Mar-28-2014

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on :11. h March, 2014 Judgment Pronounced on :28. h March, 2014 % + CS(OS) 2250/2013 AMAN NATH Through : ..... Plaintiff Ms.Shobhana Takiar, Adv. versus ATUL NATH AND ORS Through : ..... Defendants Mr.Sandeep Sethi, Sr. Adv. with Mr.Salman Hashmi and Mr.Zeeshan Hashmi, Advs. along with Mr.Ashish Nath, son of defendant no.1. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S. SISTANI, J.IA.No.18453/2013 (u/O.39 Rs=1 & 2 CPC filed by plaintiff) IA.No.18860/2013 (u/O.39 R=4 CPC filed by defendant no.1) 1. A mother forgets the pain she suffers at childs birth, the moment she hears the cries and sees the face of her child. A mothers sleepless nights and countless sacrifices are not uncommon for her children. Smt.Sheela Ashok Nath gave birth to four children (three sons and one daughter). This mother even on her death has given a share of her property to each of her four children, in a residential house worth crores of rupees. In a wilde...


Mar 28 2014

M/S. Tiles Emporium Vs. Commissioner of Sales Tax

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. 01.2014 Pronounced on:28. 03.2014 + ST. REF.6/2002, C.M. APPL. 20732/2013 M/S. ANAND TRADERS ..Petitioner Through: Sh. Rajesh Mahna with Sh. N.S. Bhatnagar and Sh. Ramanand Roy, Advocates. Versus COMMISSIONER OF SALES TAX ..Respondent Through: Sh. H.C. Bhatia, Advocate. + ST. REF.10/2002, C.M. APPL. 20734/2013 M/S. TILES EMPORIUM ..Petitioner Through: Sh. Rajesh Mahna with Sh. N.S. Bhatnagar and Sh. Ramanand Roy, Advocates. Versus COMMISSIONER OF SALES TAX ..Respondent Through: Sh. H.C. Bhatia, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.V. EASWAR MR. JUSTICE S. RAVINDRA BHAT % 1. This is a reference from the Appellate Tribunal, Sales Tax in respect of the following questions of law:(1) Whether the Appellate Tribunal was justified in holding that Rule 7(3) of the Delhi Sales Tax Rules, 1975 is a substantive provision?. ST. REF. 6/02 & ST. REF.10/02 Page 1 (2) Whether the Appellate Tribunal was jus...


Mar 28 2014

Oriental Insurance Co Ltd. Vs. Sh Narender Lal and ors.

Court: Delhi

Decided on: Mar-28-2014

$~38, 39, 50, 52 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:28. h March, 2014 % + MAC.APP. 270/2014 ORIENTAL INSURANCE CO LTD. ..... Appellant Represented by: Mr.Pankaj Seth, Advocate. Versus SH KISHAN LAL @ KISHORI LAL & ORS. Represented by: None. ..... Respondents AND + MAC.APP. 271/2014 ORIENTAL INSURANCE CO LTD. ..... Appellant Represented by: Mr.Pankaj Seth, Advocate. Versus SH NARENDER LAL & ORS. Represented by: ..... Respondents None. AND + MAC.APP. 282/2014 ORIENTAL INSURANCE CO LTD. ..... Appellant Represented by: Mr.Pankaj Seth, Advocate. Versus SH DILSHAD & ORS. Represented by: MAC.APP. Nos.270, 271, 282 & 284/2014 ..... Respondents AND + MAC.APP. 284/2014 ORIENTAL INSURANCE CO LTD. ..... Appellant Represented by: Mr.Pankaj Seth, Advocate. Versus SH DHARAM PAL & ORS. Represented by: ..... Respondents None. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. These appeals have been preferred against the impugned award dated 21.12.2013, whereby...


Mar 28 2014

Syed Aijaz HasIn Vs. Malik Mohammed Tahseen

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on : February 18, 2014 Judgment Pronounced on : March 28, 2014 RFA (OS) 14/2011 SYED AIJAZ HASIN Represented by: ..... Appellant Ms.Jyoti Singh, Sr.Advocate instructed by Ms.Saahila Lamba and Mr.S.A.Zaidi, Advocates versus MALIK MOHAMMED TAHSEEN ..... Respondent Represented by: Mr.Bahar U.Barqi, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR.JUSTICE JAYANT NATH PRADEEP NANDRAJOG, J.1. Suit seeking specific performance of an agreement to sell dated March 21, 2006 filed by the respondent against the appellant has been decreed by the learned Single Judge vide impugned judgment and decree dated December 20, 2010. The appellant has been directed to execute and have the sale-deed registered with respect to Flat No.22, Zakir Bagh, New Delhi upon respondent paying the balance sale consideration in sum of `40,00,000/- (Rupees Forty Lacs only). Since the appellant did not receive `40,00,000/- (Rupees Forty Lacs onl...


Mar 28 2014

New India Assurance Co. Ltd. Vs. Sita Ram and ors.

Court: Delhi

Decided on: Mar-28-2014

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:28. h March, 2014 % + MAC.APP. 26/2012 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Represented by: Mr. K.L. Nandwani, Adv. Versus SITA RAM AND ORS. ..... Respondents Represented by: Mr. S.K. Sood, Adv. for R1. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. The present appeal has been preferred against the impugned award dated 01.10.2011, whereby Ld. Tribunal has awarded compensation for an amount of Rs.3,16,000/- with interest @ 7.5% per annum from the date of filing of the Claim Petition till realization of the amount.2. Ld. Counsel appearing on behalf of the appellant submits that there was no negligence on the part of the driver of the offending vehicle, despite the Ld. Tribunal has awarded the compensation noted above.3. Ld. Counsel submits that the claimant has specifically admitted that he had got down from a running bus and suffered injuries. Thus, there was no fault of the driver of the offen...


Mar 28 2014

Satpal Singh @ Gogi Vs. the Narcotics Control Bureau

Court: Delhi

Decided on: Mar-28-2014

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. 03.2014 + CRL. A.995 of 2010 SATPAL SINGH @ GOGI Through: ..... Appellant Mr. Ajay Verma, Adv. versus THE NARCOTICS CONTROL BUREAU ..... Respondent Through: Mr. Subhash Bansal, Adv. CORAM: HON'BLE MR. JUSTICE V.K. JAIN JUDGEMENT V.K. JAIN, J.(Oral) On 3.3.2006 at about 5:00 p.m., a secret information was received by Avnesh Kumar, Intelligence Officer (I.O.), from Shri Satender Kumar, another IO of NCB that a truck bearing No.PB-08P-9805 would pass through Haryana-Delhi border via Kapashera, NH8 at about 8:00 a.m. on 4.3.2006 with opium in it. It was also informed that Satpal Singh @ Gogi would be the driver of the truck. After it had been reduced into writing the information was submitted to the superior officer Mr. R.R. Kumar, Superintendent, NCB and a team was constituted. The aforesaid team reached Kapashera Border at about 7:00 a.m. and requested some persons present there, to be associated with it. One Neki Ram, reside...


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