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Delhi Court February 2015 Judgments

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Feb 10 2015

Anil Chaudhry Vs. National Insurance Co. Ltd.

Court: Delhi

Decided on: Feb-10-2015

$-10 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:10. h February, 2015 + MAC.APP. 629/2007 ANIL CHAUDHRY Through: . Appellant Appearance not given. versus NATIONAL INSURANCE CO. LTD. ..... Respondents Through: Mr. Pardeep Gaur, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL G. P. MITTAL, J.(ORAL) 1. The appeal is for enhancement of compensation of Rs.92,000/with interest @ 6 % per annum from the date of filing of the petition granted to the Appellant for having suffered injuries in a motor vehicular accident which occurred on 15.04.1993.2. During enquiry, the Claims Tribunal on appreciation of evidence found that the accident was caused due to rash and negligent driving of a truck bearing no.DEG-2343 as well as the Appellant himself and hence, it assessed equal contribution of both the parties and made the Respondent Insurance company liable to pay compensation only of 50% of Rs.1,84,000/-, i.e., Rs92,000/-. While doing so, the Claims Tribunal awarded Rs.10,000/- for purch...


Feb 10 2015

Shri Mukesh Kumar Vs. Govt. of Nct of Delhi and Ors.

Court: Delhi

Decided on: Feb-10-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of hearing and Order:10. 02.2015 W.P .(C) No.9330/2014 & C.M.A. No.21124/2014 SHRI MUKESH KUMAR Through: versus ..... Petitioner Mr. Sudhanshu Tomar, Advocate GOVT. OF NCT OF DELHI & ORS. Through: ..... Respondents Ms.Zubeda Begum, Standing Counsel, GNCTD CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA ORDER KAILASH GAMBHIR, J (ORAL) 1. By this petition, the petitioner questions the tenability of the order dated 29.08.2014 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi, thereby dismissing the O.A. preferred by the petitioner being devoid of any merit.2. Assailing the said order of the learned Tribunal Mr. Sudhanshu Tomar, learned counsel appearing for the petitioner submits that vide notification dated 21.12.1998, general age relaxation of two years was granted for any recruitment by method of direct open competitive examination to the Central Civil Services and Civil Posts sp...


Feb 10 2015

Commissioner of Income Tax-Xiii Vs. M/S Oriental Structural Engineers ...

Court: Delhi

Decided on: Feb-10-2015

$~11 & 12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on :10. 02.2015 + ITA NO.444/2014 COMMISSIONER OF INCOME TAX-XIII .Appellant Versus M/S. ORIENTAL STRUCTURAL ENGINEERS PRIVATE LIMITED AND KMC CONSTRUCTION PVT. LTD. JV .Respondent + ITA NO.445/2014 COMMISSIONER OF INCOME TAX-XIII .Appellant Versus M/S. ORIENTAL STRUCTURAL ENGINEERS PRIVATE LIMITED AND GAMMON INDIA LTD.JV .Respondent Through: Sh. Rohit Madan, Sr. Standing Counsel, for Revenue in both appeals. Sh. Rajat Navet, Advocate, for the assessees in both the appeals. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % ITA4442014 & ITA4452014 Page 1 1. The question of law which the revenue seeks to urge in these two appeals, being ITA Nos. 444-445/2014, which involve common questions of fact arising from a common order of the Income Tax Appellate Tribunal (ITAT) in ITA Nos. 2691-92/Del/2012 dated 07-02- 2014 is as follows:Whether a proportion of the proje...


Feb 10 2015

Karan Chopra and Ors. Vs. Meenakshi Khanna and Anr.

Court: Delhi

Decided on: Feb-10-2015

$~A-44 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: February 10, 2015 CS(OS) 1128/2013 KARAN CHOPRA & ORS. Through: ..... Plaintiffs Mr.Madan Gera, Advocate. versus MEENAKSHI KHANNA & ANR. ..... Defendants Through: Ms.Anjana Prabhakar, Mr.Harsh Prabhakar and Mr.Naroj Kumar Sahu, Advocates for D-1 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) IA No.9527/2013 Learned counsel appearing for the defendants submits that she has no objection in case the interim order dated 30.5.2013 is made absolute. Accordingly, the interim order directing the parties to maintain status quo qua title, possession and construction of the roof above the second floor of property No.D-2A/7, Vasant Vihar, New Delhi is made absolute. Application stands disposed of. IA No.18619/2013 This is an application under Order 39 Rule 1 and 2 CPC filed by the defendant. Learned counsel for the defendant seeks liberty to withdraw the present application. Application is dismissed as withdrawn a...


Feb 10 2015

Atul Agarwal Vs. M/S Ascent Infracon Pvt Ltd

Court: Delhi

Decided on: Feb-10-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2859/2012 Decided on 10.02.2015 IN THE MATTER OF : ATUL AGARWAL ..... Plaintiff Through: Mr. Naveen Chawla, Advocate versus M/S ASCENT INFRACON PVT LTD Through: None ..... Defendant CORAM HON'BLE MS.JUSTICE HIMA KOHLI HIMA KOHLI, J.(Oral) 1. The plaintiff has instituted the present summary suit against the defendant/company praying inter alia for a decree of `49,94,380/-, alongwith interest payable @24% from the date of institution of the suit till realisation.2. The suit was registered on 19.09.2012 and summons were issued to the defendant in the prescribed format, returnable on 01.03.2013. Repeated efforts were made by the plaintiff to serve the defendant with the summons in the suit but it remained unserved. Finally, the plaintiff had filed an application under Order V Rule 20 CPC, for effecting substituted service on the defendant through publication, which was duly allowed vide order dated 10.10.2014. Despite the fact that the def...


Feb 09 2015

Santosh Kumar Singh and Anr Vs. Union of India

Court: Delhi

Decided on: Feb-09-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:9. h February, 2015 % + LPA132015 & CM No.565/2015 (for directions) SANTOSH KUMAR SINGH & ANR .... Appellants Through: Mr. A. Maitri with Ms. Radhika Chandrasekhar, Advs. Versus UNION OF INDIA Through: ..... Respondent Ms. Suparna Srivastava, CGSC with Ms. Nishtha Sikroria, Adv. for UOI. AND + LPA432015 & CM No.1598/2015 (for stay) RAJA BAI & ANR Through: .... Appellants Mr. A. Maitri, Adv. Versus UNION OF INDIA Through: ..... Respondent Mr. Akshay Makhija and Mr. Kavindra Gill, Advs. for UOI. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. Both appeals impugn the order dated 28th November, 2014 of the learned Single Judge of this Court of dismissal in limine of W.P.(C) Nos.8264/2014 & 8272/2014 filed by the appellants respectively. LPA No.13/2015 came up first on 13th January, 2015, when the counsel for the respondent Union of India (UOI) appeared on advance notice. After hearing th...


Feb 09 2015

Rajesh Kumar Vs. State Bank of India Thr the Chairman and Ors.

Court: Delhi

Decided on: Feb-09-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: February 05, 2015 Judgment Delivered on: February 09, 2015 + LPA8982013 RAJESH KUMAR Represented by: ..... Appellant Mr.Nagendra Rai, Sr.Advocate instructed by Mr.Kripa Shankar Prasad and Dr.Brahm Prasad, Advocates versus STATE BANK OF INDIA THR THE CHAIRMAN & ORS. Represented by: ..... Respondents Mr.Rajiv Kapur & Ms.Aparna Iyer, Advocates CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. The appellant is aggrieved by the decision dated September 03, 2013 passed by the learned single Judge dismissing WP(C) No.2034/2013 filed by the appellant. The view taken by the learned Single Judge is that the appellant was estopped from claiming a right under the policy applicable to the Probationary Officers of the respondent bank pertaining to the written examination : 'Probationary Officers 2009-10 Batch, in view of the petitioner having accepted and thereafter taken a chance ...


Feb 09 2015

Bhagwan Singh Vs. Union of India and Ors.

Court: Delhi

Decided on: Feb-09-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : February 09, 2015 + W.P.(C) 5250/2014 BHAGWAN SINGH Represented by: ..... Petitioner Ms.Jyoti Singh, Sr.Advocate instructed by Ms.Tinu Bajwa, Advocate versus UNION OF INDIA & ORS. Represented by: ..... Respondents Mr.Arun Bhardwaj, CGSC with Mr.Rishi Kapoor, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. A Summer Chain Transfer 2014, in respect of SI(Min) in Central Reserve Police Force came to impact the petitioner, who is a SI(Min) in the Central Reserve Police Force, when the transfer order was issued on June 14, 2014, for the reason name of the petitioner is at Serial No.71 of the list of 99 SI (Min) transferred . The petitioner, who was attached with the Group Centre, Delhi was transferred to Srinagar in the State of Jammu & Kashmir. The petitioner made a representation on June 19, 2014 by relying upon a Standing Order No.02/2011, dated May 12, 2011, on ...


Feb 09 2015

Suresh Chand Jain Vs. Rajesh Jain

Court: Delhi

Decided on: Feb-09-2015

#$ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M)813/2014 % Reserved on: Decided on : SURESH CHAND JAIN Through: January 29, 2015 February 09, 2015 ..... Petitioner Mr. S.S.Jain with Mr.Nikesh Jain, Advs. versus RAJESH JAIN Through: ..... Respondent Mr.Som Dutta Sharma, Advocate. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J1 Aggrieved by the order dated 03.05.2014 passed by the learned Additional Rent Controller in eviction petition filed by the petitioner under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (in short the DRC Act) granting leave to defend to the respondent, the petitioner has preferred the present petition.2. In the eviction petition, the petitioner stated that he was the owner of the suit property No.3760,Gali Barna, Sadar Bazar, Delhi-110006 wherein one room, one kitchen, one garage and a toilet on the Ground Floor (in short the tenanted premises) were let out to the father of the respondent for residential purposes. Rest of the suit property 3760,G...


Feb 09 2015

Naresh Gautam Vs. State

Court: Delhi

Decided on: Feb-09-2015

$~R-51. * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:14. 01.2015 % + Judgment delivered on:09. 02.2015 CRL.A. 97/2010 NARESH GAUTAM Through: ..... Appellant Mr. Neeraj Bhardwaj, Advocate along with appellant in person. versus STATE Through: ..... Respondent Mr. Lovkesh Sawhney, APP CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.1. The present first appeal has been preferred by the Appellant under Section 374 Criminal Procedure Code, 1973 (Cr.P.C.) to assail the judgment and order on sentence dated 21.12.2009 and 24.12.2009 respectively passed by the learned Additional Sessions Judge-03 (ASJ) (Outer), Rohini Courts, Delhi in S.C. No.115/2008 arising out of First Information Report (FIR) No.435/2002 registered at Police Station Paschim Vihar under Sections (u/s) 307/34 Indian Penal Code, 1860 (IPC). The Appellant was convicted for the offences u/s 307/34 IPC by the impugned judgment dated 21.12.2009, and was sentenced to undergo Rigorous Imprisonment (...


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