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Delhi Court August 2014 Judgments

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Aug 25 2014 (HC)

Rais Mian Vs. Abdul Samad

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:09. 05.2014 Pronounced on:25. 08.2014 + RC.REV. 186/2011, CM APPL100842011 & 19500/2013 RAIS MIAN Through: ..... Petitioner Mr.Rajesh Baweja and Mr.Ankit Baweja, Advs. versus ABDUL SAMAD Through: ..... Respondent Mr.S.D.Ansari, Adv. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE NAJMI WAZIRI) 1. The present revision petition is filed under section 25 B (8) of the Delhi Rent Control Act, 1958 (the Act) assailing the order of the SCJcum-RC whereby the eviction order was passed apropos the tenanted premises and the tenants application seeking leave to defend was rejected.2. Before discussing the contentions raised by the learned counsel for the petitioner before this Court, appraisal of a few facts would be necessary. The suit property is a tenanted shop identified as No.446, Chitla Gate, Chawri Bazar, Delhi admeasuring 8 x 18-3, on the ground floor let out at a monthly rent of Rs, 323.50/- used for commercial purposes. The resp...

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Aug 25 2014 (HC)

Trans India Logistics Vs. Union of India and ors

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. h August, 2014 + LPA No.522/2014 & CM.No.13023/2014 & 13026/2014 (for condonation of delay in filing and re-filing) TRANS INDIA LOGISTICS ..... Appellant Through: Mr. Sowmen Bhowmik, appellant in person. Versus UNION OF INDIA AND ORS Through: None. ..... Respondents CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. This intra court appeal impugns the order dated 13th March, 2014 of the learned Single Judge of this Court of dismissal of WP(C) 1643/2014 preferred by the appellant. The appeal is accompanied with applications, for condonation of 5 days delay in filing thereof and of nearly a month in refiling thereof. However being prima facie not satisfied with the merits of the appeal, we, without prejudice to the applications for condonation of delay heard proprietor of the appellant appearing in person at length on merits of the appeal and reserved order.2. The appellant was...

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Aug 25 2014 (HC)

idbi Trusteeship Services Ltd. and anr Vs. Arch Pharmalabs Ltd. and or ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:25. h August, 2014 + IA No.8777/ 2014 (Order I Rule 10 CPC) & IA No.8779/ 2014 (Order XXXIX Rule 4 CPC) in C.S. (O.S.) 196/ 2014 IDBI TRUSTEESHIP SERVICES LTD. & ANR Through ..... Plaintiffs Mr. Rajiv Nayar, Senior Advocate with Mr. Murtaza Somjee, Advocate, Mr. Praveen Sehrawat, Advocate, Mr. Priyadarshi Banerjee, Advocate, Mr. Sujoy Chatterjee, Advocate & Mr. Saurabh Seth, Advocate. versus ARCH PHARMALABS LTD. & ORS Through .... Defendants Mr. Darpan Wadhwa, Advocate, Mr. Aman Varma, Advocate & Mr. Krithika Raghavan, Advocate for D-1. Mr. Sandeep Sethi, Senior Advocate with Mr. Sugam Seth, Advocate for ICICI Bank/ Applicant. CORAM: HON'BLE MR. JUSTICE G.P. MITTAL1 By virtue of the application being I.A. No.8777/ 2014 under Order I Rule 10 r/w Section 151 of the Code of Civil Procedure, 1908 (CPC), the applicant ICICI Bank Limited seeks impleadment as a necessary and proper party for proper adjudication of the suit; whereas by vi...

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Aug 25 2014 (HC)

Kaushalya Devi (Deceased) Through Lrs. Vs. Smt. Shanti Devi and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M.(M) No.770/2014 25th August, 2014 % KAUSHALYA DEVI (DECEASED) THROUGH LRS. Through: None. ......Petitioners VERSUS SMT. SHANTI DEVI AND ORS. Through: ...... Respondents CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.13599/2014 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. + C.M. (M) No.770/2014 and C.M.No.13598/2014 (stay) 2. The petitioner challenges the impugned order dated 7.7.2014, by which during the pendency of the appeal, the petitioners herein (appellants before the first appellate court in an appeal under Section 38 of the Delhi Rent Control Act, 1958) have been directed to pay interim user charges in view of the judgment of the Supreme Court in the case of Atma Ram Properties (P) Ltd. Vs. Federal Motors Pvt. Ltd. (2005) 1 SCC705 3. Since the impugned order is a short order, I reproduce the same as under:Heard on the appli...

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Aug 25 2014 (HC)

Sunny Goel Vs. Shri Ram College of Commerce and ors

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4415/2014 SUNNY GOEL Through: ..... Petitioner Mr. Sunil Goel, Advocate with Mr. Pranav Sapra, Advocate. Versus SHRI RAM COLLEGE OF COMMERCE AND ORS ..... Respondents Through: Mr. Amit Bansal, Advocate with Ms. Senjul Khanna, Advocate for R-1. Mr. Saurabh Banerjee, Advocate for R-2. Mr. R.K. Singh, Advocate with Ms. Deepa Rai, Advocate for R-3. Reserved on :14. h August, 2014 Date of Decision :25. h August, 2014 % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: CM APPL. 8835/2014 in W.P.(C) 4415/2014 Allowed, subject to just exceptions. W.P.(C) 4415/2014 & CM APPL. 8834/2014 1. Present writ petition has been filed seeking a direction to respondents to give admission to petitioner in undergraduate course of B.Com (H) in Shri Ram College of Commerce (hereinafter referred to as respondent-College) for Academic Year 2014-15.2. The relevant facts of the present case are that on 29th May, 2014 Class XII results were declared in...

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Aug 25 2014 (HC)

M/S Galileo Nederland Bv Vs. Assistant Director of Income Tax, Circle- ...

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI INCOME TAX APPEAL NOS. 654/2012, 656/2012, 659/2012 & 661/2012 Reserved on :22. d July, 2014 Date of decision:25. h August, 2014 M/S GALILEO NEDERLAND BV ..... Appellant Through Mr. Farrokh V. Irani & Mr. Saubhagya Agarwal, Advocates. versus ASSISTANT DIRECTOR OF INCOME TAX, CIRCLE-1(2), (INTL. TAX), NEW DELHI ..... Respondent Through Mr. Sanjeev Sabharwal, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J.:1. This common judgment will dispose of appeals filed by Galileo Nederland BV, now known as Travelport Global Distribution System BV, pertaining to Assessment Years 2003-04 to 2006-07. These appeals arise out of a common order of the Income Tax Appellate Tribunal (Tribunal, in short) dated 29th June, 2012 by which the issue/question of profits attributable to Indian operations was remitted to the Assessing Officer for fresh determination. The case of the appellant-assessee i...

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Aug 25 2014 (HC)

Chatter Singh Vs. Uoi and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:25. 08.2014 % W.P.(C) 1725/2012 CHATTER SINGH Through : ..... Petitioner Mr. K.Venkatraman, Adv. versus UOI & ORS, ..... Respondents Through : None CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI S. RAVINDRA BHAT, J.(OPEN COURT) C.M. No.10708/2014 (for early hearing) This is an application for early hearing. For the reasons stated in the application, the petition is taken up today. The application is allowed and stands disposed of accordingly. W.P.(C) 1725/2012 1. The petitioner challenges an order of the Central Administrative Tribunal (CAT) dated 07.12.2011 in O.A. No.1043/2008, in which his complaint of not being given arrears for the period from 01.03.1993 to 08.08.1995, at par with the juniors in the Painter Grade-I, was rejected.2. The petitioner, at the relevant time, was working in the Indian Railways as Painter and the next grade for promotion from Grade-II was that of Grade-I. Sometime i...

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Aug 25 2014 (HC)

Capt Vijender Singh Chauhan Vs. M/S Parsvnath Developers Ltd

Court: Delhi

$~ 58 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1323/2013 & I.A.14980/2013 Date of decision :25. h August, 2014 CAPT VIJENDER SINGH CHAUHAN ..... Plaintiff Through: Mr.M.B. Singh, Adv. versus M/S PARSVNATH DEVELOPERS LTD. ..... Defendant Through: Mr.Vijay Nair and Mr.Rajat Joneja, Advs. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI G.S.SISTANI, J.(ORAL) I.A. 19635/2013 (Leave to defend) 1. This is an application filed by the defendant seeking unconditional leave to defend. The plaintiff seeks recovery of Rs.58,76,000/being arrears of salary. The suit is based on an agreement being the letter offering employment to the plaintiff. As per the plaint the plaintiff was offered employment by the defendant by an offer letter dated 7.3.2008. He was appointed as Senior General Manager-Projects on 28.3.2008. He worked at the said post till he was made to tender his resignation dated 10.9.2012 sent on 10.10.2012.2. As per the appointment letter, plaintiff was given emoluments of Rs.1,92,333/-...

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Aug 25 2014 (HC)

Shri Samiullah and ors. Vs. Sh. Rafiullah and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:25. h August, 2014 + CS (OS) 2615/ 2001 SHRI SAMIULLAH & ORS. Through: ..... Plaintiffs Mr. Rajiv Nanda, Advocate Versus SH. RAFIULLAH & ORS. Through: ..... Defendants Mr. Javed Khan, Advocate for D1 & D-7. CORAM: HON'BLE MR. JUSTICE G.P. MITTAL1 This suit for partition of property No.162, Basti Nizamuddin, New Delhi has been filed by the Plaintiffs with the averments that Late Mohd. Abdullah, father of the parties purchased the earlier said property in the name of their mother Smt. Amirzadi Begum. Mohd. Abdullah died in the year 1967, whereas mother of the parties Smt. Amirzadi Begum died on 27.02.1990 intestate. It is averred that five sons of late Smt. Amirzadi Begum are in possession of various portions of property No.162, Basti Nizamuddin, New Delhi and partition has not taken place.2. It is stated that Defendant No.1 and his family members have forged a Will dated 20.07.1988 in favour of Defendant No.1s son Irshadullah Khan ...

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Aug 25 2014 (HC)

Roopesh Rai Sikand Vs. the Federal Bank Ltd. and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:25. h August, 2014 + CS (OS) No.757/ 2002 ROOPESH RAI SIKAND Through: ..... Plaintiff Mr. Vinay Gupta, Advocate. Versus THE FEDERAL BANK LTD. AND ORS. Through: ..... Defendants Mr. Abhinav Thareja, Advocate for D1/ Bank CORAM: HON'BLE MR. JUSTICE G.P. MITTAL1 This suit for declaration, permanent injunction and for setting aside the orders made in R.C. No.159/ 2001 arising out of O.A. No.151/ 1998 and for setting aside the order dated 26.02.2002 passed by the Debt Recovery Tribunal, New Delhi in Appeal No.13/ 2002 and for quashing the order of the Recovery Officer whereby the suit property i.e. S-375, 3rd Floor, Greater Kailash-II, New Delhi had been ordered to be put up for public auction on 12.04.2002, has been filed by the Plaintiff against the Defendants alleging that the Plaintiff was a bona fide purchaser for consideration of 3rd floor flat with terrace rights of property No.S-375, 3rd Floor, Greater Kailash-II, New Delhi (su...

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