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Delhi Court April 2015 Judgments

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Apr 23 2015

Din Dayal Yadav Vs. Union of India and Anr.

Court: Delhi

Decided on: Apr-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision : April 23, 2015 + W.P.(C) 3657/2015 DIN DAYAL YADAV Represented by: ..... Petitioner Mr.Nilansh Gaur, Advocate versus UNION OF INDIA & ANR. Represented by: ..... Respondents Mr.Ripu Daman Bhardwaj, CGSC with Mr.T.P.Singh, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. The writ petitioner had joined CISF as a ministerial staff on March 14, 1984. He was removed from service because he became a deserter on June 18, 1990 and never joined back till, after declaring him a deserter, on May 28, 1991 the order removing him from service was passed.2. In other words, though the penalty of removal from service has been passed after seven years, two months and fourteen days of the petitioner joining service, the actual period of service is six years and three months. Even this period of six years and three months is full of blemishes. The petitioner remained unauthorizedly ...


Apr 23 2015

Bakshish Singh Vs. Sanjay Sharma and Anr

Court: Delhi

Decided on: Apr-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 191/2015 Decided on:23. d April, 2015 % PRITAM SINGH Through ..... Petitioner Mr. R.S. Sirohi, Adv. versus SANJAY SHARMA & ANR Through + ..... Respondent None. RC.REV. 193/2015 BAKSHISH SINGH Through ..... Petitioner Mr. R.S. Sirohi, Adv. versus SANJAY SHARMA & ANR Through None. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA ..... Respondent MUKTA GUPTA, J.(ORAL) CM74792015 in RC.REV.191/2015 CM74922015 in RC.REV.193/2015 Allowed, subject to all just exceptions. CM74802015 in RC.REV.191/2015 CM74932015 in RC.REV.193/2015 For the reasons stated in the applications, the delay in refiling the petitions is condoned. Applications are disposed of. RC.REV.191/2015 & CM74782015 RC.REV.193/2015 & CM74912015 1. Two eviction petitions were filed by Sanjay Sharma and Ajay Sharma against two tenants Pritam Singh and Bakshish Singh seeking eviction under Section 14(1)(e) Delhi Rent Control Act (in short DRC Act) and vide similar impugned orders dated 14th ...


Apr 23 2015

Pritam Singh Vs. Sanjay Sharma and Anr

Court: Delhi

Decided on: Apr-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 191/2015 Decided on:23. d April, 2015 % PRITAM SINGH Through ..... Petitioner Mr. R.S. Sirohi, Adv. versus SANJAY SHARMA & ANR Through + ..... Respondent None. RC.REV. 193/2015 BAKSHISH SINGH Through ..... Petitioner Mr. R.S. Sirohi, Adv. versus SANJAY SHARMA & ANR Through None. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA ..... Respondent MUKTA GUPTA, J.(ORAL) CM74792015 in RC.REV.191/2015 CM74922015 in RC.REV.193/2015 Allowed, subject to all just exceptions. CM74802015 in RC.REV.191/2015 CM74932015 in RC.REV.193/2015 For the reasons stated in the applications, the delay in refiling the petitions is condoned. Applications are disposed of. RC.REV.191/2015 & CM74782015 RC.REV.193/2015 & CM74912015 1. Two eviction petitions were filed by Sanjay Sharma and Ajay Sharma against two tenants Pritam Singh and Bakshish Singh seeking eviction under Section 14(1)(e) Delhi Rent Control Act (in short DRC Act) and vide similar impugned orders dated 14th ...


Apr 23 2015

Dr. Yashwant Singh and Anr. Vs. Indian Bank and Anr.

Court: Delhi

Decided on: Apr-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgement delivered on:23. 04.2015 + WP(C) 4021/2015 & CM71922015 DR. YASHWANT SINGH & ANR. ..... Petitioners Versus INDIAN BANK & ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner: Mr Mohit Chaudhary & Ms Damini Chawla, Advocates For the Respondent: Mr Brijesh Kumar Tamber, Mr Arshad Chaudhary & Mr Quaisar Ali, Advocates. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 There are several reliefs sought for in the present writ petition. Shorn of verbiage the main grievance of the petitioners is, that the respondent no.1, i.e., the Indian Bank, has taken recourse to the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 2002 Act), [as amended by the Act of 2012]. without the jurisdictional facts obtaining in the matter. In other words, the petitioners claim that the regime provided under the 2002 Act could not be triggered till su...


Apr 23 2015

M/S Johnson Watch Company Pvt. Ltd Vs. Directorate of Revenue Intellig ...

Court: Delhi

Decided on: Apr-23-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d April, 2015 % + LPA No.52/2015, CM No.1832/2015 (for stay) and CM No.1834/2015 (for filing addl. documents). M/S JOHNSON WATCH COMPANY PVT. LTD ..... Appellant Through: Mr. Bishwajit Bhattacharyya, Sr. Adv. with Mr. Abhijit Bhattacharyya and Mr. Chandrachur Bhattacharyya, Advs. Versus DIRECTORATE OF REVENUE INTELLIGENCE ..Respondent Through: Mr. S.K. Dubey with Mr. Rajmangal Kumar, Ms. Sushma Yadav and Mr. Vikram Singh, Advs. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J.1. On 2nd February, 2015 when this appeal had first come up before us, the following order was passed:LPA No.52/2015 & CM No.1832 & CM No.1834/2015 (stay) & (addl. documents).1. This intra-court appeal impugns the order dated 24th December, 2014 of the learned Single Judge of this Court of dismissal of W.P.(C) No.9222/2014 filed by the appellant.2. Goods of the appellant were on 29th October, 2012, 30th October,...


Apr 23 2015

Iqbal Singh Vs. Sanjay Gupta and Anr

Court: Delhi

Decided on: Apr-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI + C.R.P. 37/2015 & CM48492015 Decided on:23. d April, 2015 % IQBAL SINGH Through ..... Petitioner Mr. PankajVivek with Ms. Anupriya Singh, Advs. versus SANJAY GUPTA & ANR Through None. Coram: HON'BLE MS. JUSTICE MUKTA GUPTA ..... Respondents MUKTA GUPTA, J.(ORAL) 1. Aggrieved by the order dated 26th November, 2014 whereby applications of Sanjay Gupta the plaintiff and respondent No.1 herein in Suit No.73/08/95 under Section 22 Rule 4 CPC and under Section 5 of the Limitation Act were allowed, the petitioner Iqbal Singh prefers the present petition.2. A suit was filed by Sanjay Gupta against Kalawati and Iqbal Singh seeking specific performance, damages and injunction. Kalawati defendant No.1 expired on 18th July, 2008 however this fact was brought to the notice of the Trial Court and Sanjay Gupta on 14th November, 2011 when learned counsel for the Kalawati informed about the death of Kalawati. The names of legal heirs of Kalawati were informed ...


Apr 23 2015

Commissioner of Income Tax Vs. Marubeni India Pvt. Ltd.

Court: Delhi

Decided on: Apr-23-2015

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:17. 03.2015 Pronounced on:23. 04.2015 + ITA942015 COMMISSIONER OF INCOME TAX Appellant Through: Ms. Suruchii Aggarwal, Sr. Standing Counsel. Versus MARUBENI INDIA PVT. LTD. ..Respondent Through: Sh. Nageswar Rao, Sh. Sandeep. S. Karhail and Sh. Aniket. D. Aggarwal, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE S. RAVINDRA BHAT % 1. The revenue, in this appeal, questions a decision of the Income Tax Appellate tribunal (ITAT) in ITA No.5397/Del/2012 dated 03-06-2014. It is argued that the impugned order erred in holding that the Transactional Net Margin Method (TNMM) was the most appropriate method for transfer pricing determination in arriving at the arms length price (ALP) to bench mark the ITA942015 assessee/respondents international transaction regarding Page 1 provision of agency and marketing support services for AY200809. This court had issued notice under Section 260-A of ...


Apr 23 2015

Union Bank of India Vs. Bharat Bhushan

Court: Delhi

Decided on: Apr-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:11. h March, 2015 Date of Decision:23. d April, 2015 % + W.P.(C) 122/2009 UNION BANK OF INDIA Through: ..... Petitioner Mr. O.P. Gaggar, Advocate. versus BHARAT BHUSHAN ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH JUDGMENT1 The petitioner has impugned the award dated 18.07.2008 passed by learned Presiding Officer, Central Government Industrial Tribunalcum-Labour Court-II, New Delhi (hereinafter referred to as CILC) in I.D. No.57/1997 whereby the punishment of stoppage of one increment with cumulative effect imposed by the management of Union Bank of India on the respondent was modified to the stoppage of one increment for one year only (non-cumulative).2. Succinctly stating the case of the petitioner is that the respondent was working as a clerk-cum-cashier in the petitioner bank and at the relevant time, he was posted in Nayaganj Branch at Ghaziabad of the petitioner Bank. On 18.03.1998, when the res...


Apr 23 2015

Md. Earul Hoque and Ors. Vs. Union of India and Ors.

Court: Delhi

Decided on: Apr-23-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:23. d April, 2015 % + W.P.(C) 6599/2014 MD. EARUL HOQUE & ORS. Through: ..... Petitioners Mr. Varun Prasad, Advocate. versus UNION OF INDIA & ORS. Through: .....Respondents Mr. Ripu Daman Bhardwaj CGSC for UOI. CORAM: HON'BLE MR. JUSTICE VED PRAKASH VAISH VED PRAKASH VAISH, J.(ORAL) 1. By this petition under Articles 226 and 227 of the Constitution of India the petitioners impugn order bearing F.No.L-42011/73/2012-IR(DU) dated 07.04.2014 passed by Section Officer, Ministry of Labour and Employment, Government of India whereby it was observed that the matter raised by the Union cannot be considered for adjudication.2. With the consent of learned counsel for the parties, the matter is taken up for final disposal.3. Brief facts of the case as borne out from the present petition are that the petitioners were appointed by CPWD between 02.01.1994 to 05.05.2004 under the supervision of Executive Engineer (Electrical), CPWD, Electrical...


Apr 23 2015

Oriental Insurance Company Vs. Smt Usha Devi and Ors.

Court: Delhi

Decided on: Apr-23-2015

$-6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:23. d April, 2015 + MAC.APP. 515/2009 ORIENTAL INSURANCE COMPANY Through: ..... Appellant Mr. S.L. Gupta, Adv. with Mr. Ram Ashray, Adv. versus SMT USHA DEVI & ORS. Through: .... Respondents Mr. Sukhbir Singh, Adv. CORAM: HON'BLE MR. JUSTICE G.P.MITTAL JUDGMENT G. P. MITTAL, J.(ORAL) 1. The appeal is for reduction of compensation of `38,17,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of Respondents no.1 to 5 for the death of Shri Sahender Pal, a Head Constable working in Delhi Police.2. On appreciation of evidence, the Claims Tribunal found that the accident was caused on account of rash and negligent driving of truck bearing registration no.DL-1GA-9165 by Respondent no.6 (Rajesh Kumar). It further found that the salary of the deceased Sahender Pal was revised on account of implementation of the Sixth Pay Commission retrospectively w.e.f. 01.01.2006. The revised salary on the date of death i...


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