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Delhi Court September 2014 Judgments

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Sep 04 2014 (HC)

M/S. Amartex Industries Ltd. Vs. Sh. NavIn Kumar

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M)No.1393/2012 & CM No.21609/2012 (stay) 4th September , 2014 % M/S. AMARTEX INDUSTRIES LTD. ......Petitioner Through: Mr. S.Shantanu and Mr. P. Shankar, Advocates. VERSUS SH. NAVIN KUMAR Through: ...... Respondent Mr. Gyan Prakash and Ms. Neeraj, Advocates. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This petition is filed under Section 227 of the Constitution of India impugning the order of the trial court dated 3.10.2012 by which the trial court refused to recall the order dated 11.8.2010 closing the right of the petitioner/defendant to file the written statement and also refused to set aside the ex parte order dated 1.3.2011. Applications for recalling of the orders dated 11.8.2010 and 1.3.2011 were filed alongwith the applications for condonation of delay inasmuch as the applications for recalling of the orders dated 11.8.2010 and 1.3.2011 were filed only on 3.11.2011....

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Sep 04 2014 (HC)

Pranjal Fabrication Pvt. Ltd. Vs. .............

Court: Delhi

$~3 *IN THE HIGH COURT OF DELHI AT NEW DELHI + Co. Appl. (M) No.120/2014 IN THE MATTER OF PRANJAL FABRICATION PVT. LTD. ......Applicant Through: Mr. Rishi Sood with Anand M. Mishra Advocates for Applicant Companies CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA ORDER % 04.09.2014 SANJEEV SACHDEVA, J (ORAL) CA No.1975/2014 This is an application on behalf of the petitioner seeking condonation of delay in filing the Resolution of the Board of Directors of M/s. Electronica Finance Ltd. For the reasons stated in the application, the application is allowed and the delay in filing the Resolution of the Board of Directors is condoned. ================================================== Co. Appl. (M) No.120/2014 1 The Resolution of the Board of Directors is taken on record. Co. Appl. (M) No.120/2014 1. This is a first motion joint Application under Sections 391 to 394 of the Companies Act, 1956, (Act) in connection with the Scheme of Amalgamation (Scheme) between M/s Pranjal Fabrication Private Li...

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Sep 04 2014 (HC)

Gopal Singh and ors Vs. Lt. Governor and ors

Court: Delhi

$~ 27 & 28 *IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:04. 09.2014 + W.P. (C) 5587/2014, C.M. Nos. 13832, 13833/2014 & 14156/2014 GOPAL SINGH & ORS ..... Petitioners versus LT. GOVERNOR & ORS ..... Respondents W.P. (CRL) 1397/2014, C.M. Nos.10697-10698/2014 BIRMA NAND SHARMA ..... Petitioner versus LT GOVERNOR GOVT OF NCT & ORS .. Respondents Appearance: Mr. Amit Sibal, Sr. Advocate with Mr. Manish Kaushik, Mr. Namit Suri and Mr. Gaurav Tanwar, Advocates for petitioners in all matters. Mr. Sandeep Sethi, Sr. Advocate with Mr. Anupam Varma, Mr. Nikhil Sharma and Mr. Ameen Jauhar, Advocates for BYPL in W.P.(C)5587/2014. Mr. Saqib with Mr. M.P.Singh, Advocates for R-5 in W.P. (C) 5587/2014. Mr. Dhruv Mehta, Sr. Advocate with Mr. Anupam Varma, Mr. Nikhil Sharma and Mr. Ameen Jauhar, Advocates for BYPL in W.P.(Crl.)1397/2014. Mr. Anupam Varma, Mr. Nikhil Sharma and Mr. Ameen Jauhar, Advocates for NDPL (TPDDL) W.P.(Crl.)1397/14 & W.P. (C)5587/14 Page 1 CORAM: HON'BLE MR. JUSTICE S....

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Sep 04 2014 (HC)

Ndmc Vs. Shiv Kumar and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.M.(M) No.1134/2012 & C.M.Nos. 17849/2012 (Stay), 15977/2013 (for permission) 04th September, 2014 % NDMC Through: ......Petitioner Mr.Sanjay Poddar, Sr.Advocate with Mr.Govind, Advocate. VERSUS SHIV KUMAR & ORS. Through: ...... Respondents Mr.Varun Sharma, Advocate for R-1. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This petition under Article 227 of the Constitution of India impugns the judgment of the Additional Rent Controller dated 12.1.2012 by which the Additional Rent Controller has dismissed the leave to defend application and has decreed the bonafide necessity eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 with respect to the tenanted premises comprising of three rooms, two temporary sheds, latrine and bathroom on the ground floor of the property bearing no.5289, Hardhian Singh Road, Krishna Nagar, Karol Bagh, New Delhi-05.2. At the out...

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Sep 04 2014 (HC)

Indian Oil Corporation Ltd Vs. East Delhi Municipal Corporation

Court: Delhi

25, 27 to 32, 34 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + + + + + + + + W.P.(C) 517/2013 & CM Appl. 988/2013 W.P.(C) 2360/2013 & CM Appl. 4454/2013 W.P.(C) 2364/2013 & CM Appl. 4464/2013 W.P.(C) 2426/2013 & CM Appl. 4613/2013 W.P.(C) 2445/2013 & CM Appl. 4640/2013 W.P.(C) 2446/2013 & CM Appl. 4641/2013 W.P.(C) 2447/2013 & CM Appl. 4642/2013 W.P.(C) 2663/2013 & CM Appl. 5038/2013 INDIAN OIL CORPORATION LTD ..... Petitioner Through: Mr. R.P. Sharma with Mr. Vaibhav Mehra, Advs. versus EAST DELHI MUNICIPAL CORPORATION ..... Respondent Through: Ms. Biji Rajesh, Adv. for Mr Gaurang Kanth, Adv. Date of Decision :4. h September, 2014. % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present batch of writ petitions has been filed challenging the property tax demand notices and attachment orders issued by respondent-Corporation. Petitioner has also prayed for a direction to the respondent-Corporation to determine the assessment of property tax in accordance with provi...

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Sep 04 2014 (HC)

Yogindar Kumar Jaiswal and ors. Vs. Shashibala and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % RCR No.222/2014 4th September , 2014 YOGINDAR KUMAR JAISWAL & ORS. ......Petitioners Through: Mr. V.K.Srivastava, Advocate. VERSUS SHASHIBALA & ORS. Through: ...... Respondents Mr. Ravinder Sethi, Sr. Adv. with Mr. S.N.Choudhri and Ms. Stuti, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. (Yes) VALMIKI J.MEHTA, J (ORAL) 1. This rent control revision petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) impugns the judgment of the Additional Rent Controller dated 15.3.2004 by which the bonafide necessity eviction petition under Section 14(1)(e) of the Act filed by the respondent/landlady has been decreed after trial.2. The case set up by the respondent/landlady for bonafide necessity was that she has two sons namely Sh. Sanjeev Kumar and Sh. Sunil Kumar who are married and have their own families. It is stated that the respondent-landlady alongwith her ...

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Sep 04 2014 (HC)

Commissioner of Income Tax (Central)-iii Vs. M/S. Anant Overseas P. Lt ...

Court: Delhi

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: September 04, 2014 + ITA4792014 COMMISSIONER OF INCOME TAX (CENTRAL)-III ..... Appellant Through: Mr.Sanjeev Sabharwal, Sr.Advocate with Ms.Swati Thapa, Advocate versus M/S. ANANT OVERSEAS P. LTD Through: ..... Respondent Nemo. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE V. KAMESWAR RAO SANJIV KHANNA, J (ORAL) Learned counsel for the Revenue submits that he has obtained instructions. By order dated 14.11.2013 in the quantum proceedings passed by the Income Tax Appellate Tribunal (Tribunal, for short), an order of remand to the Commissioner of Income Tax (Appeals) [CIT(A)]. was passed directing him to decide the appeal afresh.2. We have examined the impugned order passed by the Tribunal dated 14.11.2013 affirming the view of the CIT (A) deleting the penalty of Rs. 15 lakhs imposed by the Assessing Officer under Section 271 (1)(c) of the Income Tax Act, 1961 (Act, in short). The appeal pertains to the Asses...

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Sep 04 2014 (HC)

Ajay Tiwari Vs. State (Nct of Delhi)

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:4. h September, 2014 + CRL.A.1500/2013 AJAY TIWARI Through: ..... Appellant Mr. Ajit Sharma, Advocate versus STATE (NCT OF DELHI) Through: ..... Respondent Mr. Sunil Sharma, Additional Public Prosecutor for the State % CORAM: HONBLE MS. JUSTICE SUNITA GUPTA JUDGMENT : SUNITA GUPTA, J.The challenge in this appeal is to the judgment dated 05.10.2013 and order on sentence 08.10.2013 by which the appellant was convicted under Sections 379 of Indian Penal Code (IPC) and was sentenced to undergo rigorous imprisonment for a period of three (3) years and fine of Rs.25,000/- and in default of payment of fine, further nine (9) months simple imprisonment. Out of the fine amount, a sum of Rs.20,000/- was ordered to be given as compensation to the victim under Section 357 of Code of Criminal Procedure, 1973.2. The prosecution case emanates from the fact that Inspector Gulshan Satija (PW2) got recorded his statement Ex.PW2/A to the Investiga...

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Sep 04 2014 (HC)

Timberland Company Vs. Rohit Bajaj and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order delivered on :4. h September, 2014 % + CS(OS) No.2158/2007 TIMBERLAND COMPANY Through ..... Plaintiff Mr.Raunaq Kamath, Adv. versus ROHIT BAJAJ & ORS. Through ..... Defendants None CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. Plaintiff, a company duly incorporated under the laws of the State of Delaware, USA, filed this suit for permanent injunction restraining infringement of trademarks, passing off, dilution, damages, delivery up, etc. against the defendants. The defendants in the matter are exparte.2. Brief facts as stated in the plaint are that since the year 1973, the plaintiff is engaged in the manufacture and marketing of branded apparel and footwear under the trademarks TIMBERLAND and TREE DEVICE. The trademark TIMBERLAND constitutes a key and essential feature of the trading style and corporate identity of the plaintiff. It has been stated that the plaintiffs origin dates back to 1918 when its founder, Nathan Swa...

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Sep 03 2014 (HC)

Jhalani Tools Workers Union Faridabad Vs. M/S Jhalani Tools India Limi ...

Court: Delhi

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgement Pronounced on 3rd September, 2014 + CO.APP. 69/2013 & C.Ms No.15318/13, 15320/13, 11811/14 & 13435/14 JHALANI TOOLS WORKERS UNION FARIDABAD ..... Appellant Through: Mr. Ashwani Dubey, Advocate with Mr. Ved Ram, Authorized Representative versus M/S JHALANI TOOLS INDIA LIMITED (IN LIQUIDATION) ..... Respondent Through: Mr. Harish Sharma, Advocate for Jhalani Tools Workers Union, Aurangabad & Jalna (Maharashtra) Mr. Jos Chiramel, Mr. Ramesh Kumar & Mr. Pankaj Kumar Dua, Advocates for Dena Bank, Syndicate Bank & Indian Overseas Bank (Respondents No.3, 5 &6) Mr. Sangram Patnaik, Advocate for IDBI Bank Mr. Rajiv Bahl, Advocate for Official Liquidator Mr. Ashutosh Dubey, Advocate for the ExManagement Mr. Anil Nauriya, Advocate for Ms. Sumita Hazarika for R-13 CORAM: HON'BLE MS. JUSTICE GITA MITTAL GITA MITTAL, J.1. (ORAL) Leave is sought by Mr. Sangram Patnaik, Advocate appearing for IDBI Bank; Mr. Ashutosh Dubey, Advocate appearing for ...

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