Delhi Court February 2015 Judgments
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Harish Chander and Ors. Vs. Hindustan Petroleum Corporation Ltd. and O ...
Court: Delhi
Decided on: Feb-23-2015
*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d February, 2015 % + W.P.(C) No.2611/2012 & CMs No.5584/2012 (for stay), 5729/2013 (for directions), 16629/2013 (for disposal of CM No.5729/2013) & 969/2014 (for rectification of order dated 18.12.2013) HARISH CHANDER & ORS. .. Appellants Through: Ms. Indira Unninayar with Ms. Kirat Randhawa & Mr. Narayan Krishan, Advs. Versus HINDUSTAN PETROLEUM CORPORATION LTD. & ORS. .. Respondents Through: Mr. Kailash Vasdev, Sr. Adv. with Mr. P. Sinha, Ms. Reshmi Rea Sinha & Mr. Avneesh Garg, Adv. for R1/HPCL. Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Adv. for R-2 to 7 & 14 / UOI. Ms. Ferida Satarawala, Adv. for GNCTD. Mr. Amitabh Marwah, Adv. for DDA. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 This petition under Article 226 of the Constitution of India, filed as a Public Interest Litigation (PIL), seeks the reliefs of: (a) restraining the Hindustan Petroleum Corporation Ltd. (H...
Manju Devi Vs. Partap Singh
Court: Delhi
Decided on: Feb-23-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 375/2014 % MANJU DEVI Through Reserved on:11. h February, 2015 Decided on:23. d February, 2015 ..... Petitioner Mr.J.K. Jain, Adv. versus PARTAP SINGH Through ..... Respondent Mr. S.L. Sharma, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Aggrieved by the judgment dated 24th September, 2014 whereby the eviction petition under Section 14(1)(e) read with Section 25B(4) of the Delhi Rent Control Act, 1958 (in short the DRC Act) was dismissed, the petitioner prefers the present petition.2. In the eviction petition, the petitioner claimed that the suit property being 48/29, Anand Parbat, multi-storied building was purchased by the petitioner vide sale deed dated 3rd March, 2008. At the time of the purchase of the property the respondent was a tenant in respect of a shop on the ground floor which had been let out by the erstwhile owner @ `200/- per month. After the petitioner purchased the property, the respondent started pa...
Hindustan Times Limited Vs. Aita Ram
Court: Delhi
Decided on: Feb-23-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: February 02 2015 Judgment Delivered on: February 23, 2015 + LPA No.6/2015 HINDUSTAN TIMES LIMITED ..... Appellant Represented by: Dr.Abhishek Manu Singhvi, Senior Advocate and Mr.Sandeep Sethi, Senior Advocate instructed by Mr.Darpan Wadhwa, Ms.Meghna Mishra, Mr.Nakul Sachdeva, Ms.Ritika Ahuja and Ms.Roshni Namboodiry, Advocates. Versus AITA RAM Represented by: .....Respondent Mr.Colin Gonsalves, Senior Advocate instructed by Mr.Sarvajeet Kumar Thakur, Advocate. CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRATIBHA RANI, J.1. Alleging that the services were illegally terminated on October 03, 2004, the workman of the appellant raised an industrial dispute which resulted in an award dated January 23, 2012 being passed directing reinstatement of the workman with further direction that such workman who had received the compensation under Section 25(FF) of the ID Act, 1947 would refund the s...
Kanta Rani Vs. Kishan Lal Decd Thru Lrs
Court: Delhi
Decided on: Feb-23-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 339/2012 & CM No.12542/2012 (stay) Reserved on:10. h February, 2015 Decided on:23. d February, 2015 % KANTA RANI ..... Petitioner Through Mr. S.P. Jha, Adv. versus KISHAN LAL DECD THRU LRS ..... Respondent Through Mr. S.K. Bhaduri, Adv. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Aggrieved by the order dated 24th April, 2012 dismissing the application of the petitioner seeking grant of leave to defend in an eviction petition filed by Kishan Lal under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, 1958 (in short the DRC Act) the petitioner prefers the present petition.2. In the eviction petition Kishan Lal stated that the tenanted premises comprising of three rooms, one bathroom, one kitchen, one toilet, verandah and open gallery/ Court yard situated at ground floor of property bearing No.5846, Block No.4, Gali No.6, Dev Nagar, Karol Bagh, New Delhi was let out to the petitioner for residential purpo...
P and R Overseas Pvt. Ltd. and Anr Vs. Authorized officer, Oriental Ba ...
Court: Delhi
Decided on: Feb-23-2015
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 23rd February, 2015 + W.P.(C) 1584/2015 P & R OVERSEAS PVT. LTD. & ANR ..... Petitioners Through Mr. Pallav Saxena, Adv. versus AUTHORIZED OFFICER, ORIENTAL BANK OF COMMERCE & ORS ..... Respondents Through Mr. Balvinder Ralhan, Adv. for R-1 and R-2 Ms. Isha Abrol, Adv. for R-3 CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. Issue notice.2. Mr. Balvinder Ralhan, Advocate accepts notice on behalf of respondent Nos. 1 and 2 and Ms. Isha Abrol, Advocate accepts notice on behalf of respondent No.3.3. Learned counsel for the parties state that the matter can be disposed of finally at this stage.4. The petitioner is aggrieved by an order dated 15.1.2015 of the Debt Recovery Tribunal whereby an application for stay of dispossession was refused. It contends that the DRT acted in error and that given its (the WP(C) 1584/2015 Page 1 petitioners) financial constraints,...
Commissioner of Vat Vs. Jupitor Exports
Court: Delhi
Decided on: Feb-23-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: January 27, 2015 Pronounced on: February 23, 2015 + ST.APPL.10/2014 COMMISSIONER OF VAT ..... Appellant Through: Mr. H C Bhatia, Spl. Counsel. Versus JUPITOR EXPORTS Through: ..... Respondent Mr. Puneet Agrawal and Mr. Avjeet Bhujabal, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE R.K.GAUBA % 1. This appeal under Section 81 of Delhi Value Added Tax, 2004 (hereinafter referred to as the Delhi VAT Act), is directed against the order dated 07.01.2014 passed by the Appellate Tribunal : Value Added Tax (VAT) Delhi (hereinafter referred to as the Appellate Tribunal) in appeal which had been preferred before it and registered vide No.75/STT/05-06, in turn, questioning the legality, correctness and propriety of the order dated 06.06.2005 passed by the Commissioner, Sales Tax (hereinafter, the Commissioner) rejecting the request of the respondent herein (the Assessee) for compounding the offence...
Shanghai Electric Group Co. Ltd. Vs. Director of Income Tax-Ii
Court: Delhi
Decided on: Feb-23-2015
$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :23. d February, 2015 + C.M. Nos.18614/2014 & 2293/2015 in ITA6882014 SHANGHAI ELECTRIC GROUP CO. LTD. ..... Appellant Through Mr. Deepak Chopra, Ms. Rashi Khanna and Ms. Akansha Choudhary, Advs. versus DIRECTOR OF INCOME TAX-II ..... Respondent Through Mr. Kamal Sawhney, sr. standing counsel CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The question of law sought to be urged is with respect to the Income Tax Appellate Tribunals (ITAT) order in this case remitting the matter to the Assessing Officer (AO) for reconsideration, after appreciating the scope and content of the three agreements, forming the basis of the Dispute Resolution Panel (DRP) exercise in the circumstance of the case.2. In view of the final order that we propose to make today, the facts are not discussed in detail. The assessee engages in supplying services as offshore Indian companies w...
Krishan Kumar Kashyap Vs. The Appellate Authority Under Payment of Gra ...
Court: Delhi
Decided on: Feb-23-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. h February, 2015 Date of Decision:23. d February, 2015 % + W.P.(C) 5209/2012 KRISHAN KUMAR KASHYAP Through: ..... Petitioner Mr. R.P. Sharma, Advocate. versus THE APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT AND ANR. .....Respondents Through: Mr. Samar Bansal with Mr. Vinayak Mehrotra, Advocates. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH JUDGMENT1 By way of the present petition the petitioner has assailed the order dated 12.07.2012 passed by learned Regional Labour Commissioner (Central) and Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as the PG Act), New Delhi whereby the appeal filed by the petitioner against order dated 22.12.2011 passed by Controlling Authority under the PG Act and Assistant Labour Commissioner (Central), Delhi-110001 was dismissed.2. Shorn off unnecessary details, the facts as set out in the present petition are that in the year 1967, the petitioner joined the...
M/S. Durha Machines Pvt. Ltd. and Ors. Vs. State Bank of Patiala
Court: Delhi
Decided on: Feb-23-2015
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: February 02, 2015 Pronounced on: February 23, 2015 + W.P.(C) 992/2015, CAV1112015 & C.M. Nos.1750-1751/2015 M/S. DURHA MACHINES PVT. LTD. AND ORS. ..... Petitioners Through: Mr. Dayan Krishnan, Sr. Adv. with Ms. Swati Bhushan and Ms. Manvi Priya, Advs. versus STATE BANK OF PATIALA ..... Respondent Through: Mr. Sanjiv Kakra, Mr. Bheem Sain Jain, Ms. Vaishali Kakra, Mr. Vipin Bhaskar and Mr. Ishaan Aggarwal, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K.GAUBA MR. JUSTICE R.K.GAUBA % 1. This writ petition brings a challenge to the order dated 19.12.2014 of Debts Recovery Appellate Tribunal (hereinafter referred to as the DRAT), New Delhi passed in appeal No.157/2013 arising out of original application (OA) No.583/1996 (Delhi-II) decided by Debts Recovery Tribunal (hereinafter referred to as the DRT) on 11.03.2013.2. The OA had been brought before the DRT by State Bank of Patiala W.P.(C) 992/2015 Page 1 (the...
Ganga Devi and Ors. Vs. Sanjeev Sharma and Ors.
Court: Delhi
Decided on: Feb-23-2015
$-7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. d February, 2015 + MAC.APP.1000/2012 GANGA DEVI & ORS. Through: ..... Appellants Mr. Maya Ram, Adv. versus SANJEEV SHARMA & ORS. Through: ..... Respondents Mr. J.P.N.Shahi, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The appeal is for enhancement of compensation and for setting aside the finding that the cause of death of deceased Mahesh Chander was not on account of the injuries suffered in a motor vehicular accident which occurred on 21.12.2006.2. A Claim Petition under Section 166 read with Section 140 of the Motor Vehicles Act, 1988 (the M.V. Act) for grant of compensation for injuries suffered by Mahesh Chander and consequent death was preferred by the Appellants against the driver, owner and insurer of the offending vehicle, a tempo traveler bearing registration no.DL-IVA-5302.3. On appreciation of evidence, the Motor Accident Claims Tribunal (the Claims Tribunal) found that th...
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