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Delhi Court May 2015 Judgments

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May 28 2015

Naveen Nangia Vs. Chitra Gauba Nangia

Court: Delhi

Decided on: May-28-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: May 28, 2015. + MAT.APP.(F.C.) 16/2014 NAVEEN NANGIA Through: ..... Appellant Mr.S.D.Wadhwa, Advocate. versus CHITRA GAUBA NANGIA Through: ..... Respondent Mr. Ashish S. Kulshrestha, Mr. Manish Shrivastava and Mr. Lalit Kumar, Advocates CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT % KAILASH GAMBHIR, J.1. Challenge in the present appeal is to the order dated 27.09.2013, passed by the learned Family Court, Saket, New Delhi whereby the learned Family Court has disposed of two applications preferred by the respondents, i.e., one under Section 24 and the other under Section 26 of the Hindu Marriage Act, 1955.2. While addressing arguments in support of the present appeal, learned counsel for the appellant has confined his arguments to the very ineligibility of the minor son for the grant of maintenance after his attaining the age of majority. Contention raised by the learned counsel for the ...


May 28 2015

Sanjeev Kumar Verma Vs. Municipal Corporation of Delhi and Ors

Court: Delhi

Decided on: May-28-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: May 28, 2015. + W.P.(C) 7006/2014 SANJEEV KUMAR VERMA ..... Petitioner Through Mr. Rajeev Sharma, Advocate with petitioner in person. versus MUNICIPAL CORPORATION OF DELHI & ORS....Respondents Through Ms. Mini Pushkarna, Standing counsel with Ms. Yoothica Pallavi, Advocate for NDMC CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA % JUDGMENT KAILASH GAMBHIR, J.1. Challenge in the present petition filed under Article 226 of the Constitution of India is to the order dated 21.01.2014 passed by the learned Central Administrative Tribunal (hereinafter referred to as the learned Tribunal), Principal Bench, New Delhi in M.A. No.2430/2011 filed in T.A. No.1294/2009.2. Before dealing with the rival contentions raised by the parties, it shall be useful to narrate the brief facts of the case.3. The petitioner was initially appointed as a Lab Assistant in Municipal Corporation of Delhi and was promoted to the p...


May 28 2015

Manish Dak Vs. Secretary, Indian Council of Agricultural Researc

Court: Delhi

Decided on: May-28-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: May 28, 2015 + W.P.(C) 5033/2014 & CM APPL. No.10051/2014 MANISH DAK Through Mr. Tahir Advocate ..... Petitioner Ashraf Siddiqui, versus SECRETARY, INDIAN COUNCIL OF AGRICULTURAL RESEARCH & ORS Through ..... Respondents Mr. Vikram Singh, Proxy Counsel for Mr. S.K. Gupta, Advocate CORAM: HON'BLE MR. JUSTICE KAILASH GAMBHIR HON'BLE MR. JUSTICE I.S.MEHTA JUDGMENT % KAILASH GAMBHIR, J.1. By way of this writ petition, the petitioner seeks to question the tenability of the order dated 21.03.2014 passed by the learned Central Administrative Tribunal (hereinafter referred to as learned Tribunal), whereby it dismissed the Original Application being O. A. No.2334/2012 preferred by him.2. Facts of the case in brief are that the Agricultural Scientists Recruitment Board (ASRB) had issued a notification dated 29.08.2011 for holding a competitive examination for filling up the vacancies of Scientists in the Indian Council of Agricultur...


May 27 2015

United India Insurance Co. Ltd Vs. Nitin Sharma and Ors

Court: Delhi

Decided on: May-27-2015

$~A*IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision:27. 05.2015 MAC APP. No.231/2007 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Ms. Neerja Sachdeva, Advocate. versus NITIN SHARMA & ORS. Through: + ..... Respondents None. MAC APP. No.232/2007 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Ms. Neerja Sachdeva, Advocate. versus JALIKA KHATOON & ORS. ..... Respondents Through: Mr. J.S. Kanwar, Advocate for R-1 to 6. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The present appeals are filed by the appellant Insurance Company seeking to impugn the Award dated 04.01.2007.2. The brief facts which are common to filing of the claim petitions are that on 24.02.1999, the deceased, namely, Md.Shamim (in MAC APP.232/2007) was going by a TSR along with two other persons from Shantivan towards Delhi Gate. Near Rajghat, the offending truck said to be driven in a rash and negligent manner jumped the red light and hit the TSR in which the deceased along wi...


May 27 2015

Indira Gandhi National Open University Vs. Presidency Educational Trus ...

Court: Delhi

Decided on: May-27-2015

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:27. h May, 2015 % + LPA No.588/2014 INDIRA GANDHI NATIONAL OPEN UNIVERSITY.. Appellant Through: Mr. Aly Mirza and Mr. Kulish Tanwar, Advs. Versus PRESIDENCY EDUCATIONAL TRUST .. Respondent Through: Mr. Ajay Kapur, Sr. Adv. with Mr. Harshbir Singh Kohli and Mr. Dinesh Kumar, Advs. Mr. Sanjeev Bhandari & Mr. Manoj Bhandari, Advs. for CBI. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 This intra-court appeal impugns the judgment dated 31st July, 2013 of the learned Single Judge of this Court in W.P.(C) No.4297/2012 preferred by the respondent / writ petitioner. The appeal is accompanied with an application being CM No.14793/2014, for condonation of 336 days delay in re-filing thereof. Notice of the appeal as well as the application for condonation of delay in re-filing was issued. The respondent / writ petitioner has filed a reply to the said application, opposing condonation of the del...


May 27 2015

Ram Devi Vs. Director General, Bsf and Ors.

Court: Delhi

Decided on: May-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : May 21, 2015 Judgment Delivered on : May 27, 2015 + W.P.(C) 3527/2013 RAM DEVI Represented by: ..... Petitioner Ms.Anu Mehta, Advocate with Mr.Rubinder Ghumman, Advocate versus DIRECTOR GENERAL, BSF & ORS ..... Respondents Represented by: Mr.Anurag Ahluwalia, CGSC CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI PRADEEP NANDRAJOG, J.1. Late Yatinder Singh was enrolled as a Constable with Border Security Force on June 30, 1989 and earned a promotion to the rank of Head Constable.2. Posted with the 67th Bn. BSF, Late Sh.Yatinder Singh had to discharge duties at the Indo-Pak Line of Control in Kutch Area in the State of Gujarat because the 67th Bn. was deployed at said place. The Border Outpost 966 at Jagmal was the area to be patrolled by the Coy of the Battalion of which Late Yatinder Singh was a member of.3. On December 16, 2010 Late Yatinder Singh was detailed to perform Ambush-cum-Patroll...


May 27 2015

Iffco Tokio General Insurance Co Ltd Vs. Ram Naresh and Ors

Court: Delhi

Decided on: May-27-2015

$~A-10 *IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Pronounced on:27. 05.2015 + MAC.APP. 716/2012 and CM No.11673/2012 (for stay) IFFCO TOKIO GENERAL INSURANCE CO LTD ..... Appellant Through: Ms.Suman Bagga, Advocate versus RAM NARESH AND ORS ..... Respondents Through: Mr.Navneet Goyal, Advocate for R-1 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The present appeal is filed by the appellant Insurance Company seeking to impugn the Award dated 08.05.2012.2. The background facts are that the claimant/respondent No.1 on 09.02.2010 was going on foot and proceeding towards the bus stand at Ashok Vihar, Delhi. He was crossing the road when a motorcycle said to be driven by its driver respondent No.2 in a rash and negligent manner hit him. Respondent No.1 fell down and sustained serious injuries.3. Based on the evidence on record the Tribunal concluded that the accident took place as the motorcycle driven by respondent No.2 was driven in a rash and negligent manner.4. On comp...


May 27 2015

Joginder Singh Vs. Dwarka Prasad and Anr

Court: Delhi

Decided on: May-27-2015

$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:27. 05. 2015 + CM(M) 594/2014 & CM No/10177/2014 JOGINDER SINGH ..... Petitioner Through Mr.K.S.Rana, Advocate versus DWARKA PRASAD & ANR ..... Respondent Through Mr.Saurabh Kanal and Mr.Abhishek, Advocates for R-1 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. The present petition is filed seeking to impugn the order dated 6.6.2014 and to withdraw the arrest warrants issued by the MACT vide order dated 2.6.2014.2. The brief facts are that an Award was passed by the MACT on 8.4.2009 in favour of respondents No.1 and 2 for a sum of Rs.5,87,000/each i.e. a total compensation of Rs.11,74,000/-. The respondents No.1 and 2 (respondent No.1 before MACT being the petitioner before this Court) were held to be jointly and severally liable to pay the said amount.The background of the claim petition was that claimants were parents of the deceased Sat Narayan aged 24 years who died in a road accident with a Maruti Van which was...


May 27 2015

Commissioner of Income Tax (C)-I Vs. Shri Suresh Nanda

Court: Delhi

Decided on: May-27-2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: April 22, 2015 Pronounced on: May 27, 2015 + + + ITA7152014, C.M. No.19243/2014 ITA7222014 ITA7232014 COMMISSIONER OF INCOME TAX (C)-I ..... Appellant Through: Mr. N.P. Sahni, Sr. Standing Counsel with Mr. Nitin Gulati, Jr. Standing Counsel. versus SHRI SURESH NANDA ..... Respondent Through: Mr. Chetan Sharma, Sr. Advocate with Mr. Sandeep Kapur, Mr. Karan Kumar Gogna, Mr. Mayank Datta and Mr. Amit, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA MR. JUSTICE R.K. GAUBA % 1. These three appeals under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as the Act) arise out of the common order dated 11.04.2014 of Income Tax Appellate Tribunal (hereinafter referred to as the ITAT) whereby the cross appeals of the respondent (assessee) and the Revenue, for Assessment Years (AY) 2007-08 and 2008-09, against separate orders of Commissioner of Income Tax (Appeals) [CIT(Appeals)]. dated ...


May 27 2015

Kanwal Sibal Vs. New Delhi Municipal Council and Ors.

Court: Delhi

Decided on: May-27-2015

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:27. 05.2015 W.P.(C) 3637/2013 & CM No.6812/2013 KANWAL SIBAL .....Petitioner versus NEW DELHI MUNICIPAL COUNCIL & ORS. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr Amit Sibal, Sr. Advocate with Mr Alok K. Aggarwal. For the Respondents : Mr Anil Grover, Standing Counsel, NDMC and Ms Divya Jain, Advocate for NDMC. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner, inter alia, impugns a letter dated 19.10.2012 sent by New Delhi Municipal Council (hereafter NDMC) whereby the petitioners application for sanction of plans for carrying out addition/alteration works on the terrace of the second floor of the property bearing No.171, Jor Bagh, New Delhi were returned principally on the ground that the same were not signed by other co-owners of the property (i.e owners of other floors of the property bearing No.171, Jor Bagh, New Delhi).2. Briefly stated, the relevant facts...


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