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Delhi Court December 2016 Judgments

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Dec 15 2016

Kapil Jain & Ors vs.lt. Governor of Delhi & Ors

Court: Delhi

Decided on: Dec-15-2016

$~22 THE HIGH COURT OF DELHI AT NEW DELHI * % + W.P.(C) 3287/2014 & CM68032014 & 9527/2015 Judgment delivered on:15. 12.2016 KAPIL JAIN & ORS LT. GOVERNOR OF DELHI & ORS versus ....... Petitioner ....... RESPONDENTS : Ms Esha Mazumdar. : Mr Yeeshu Jain & Ms Jyoti Tyagi. : Mr Arun Birbal. Advocates who appeared in this case: For the Appellant For L&B/LAC For DDA CORAM:-"HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE ASHUTOSH KUMAR BADAR DURREZ AHMED, J (ORAL) JUDGMENT1 In this writ petition, the plea of the petitioners is that no award has been made within two years of the declaration under Section 6 of the Land Acquisition Act 1894 (hereinafter referred to as the said Act). Thus according to the petitioners, in view of the Section 11A of the said Act, the acquisition proceedings would have to be declared as having lapsed.2. The petitioners lands are comprised in khasra nos. 15/15, and to the extent of 500 sq. yards; khasra No.35/2to the extent W.P.(C) 3287/2014 Page 1 of 4 of 1...


Dec 15 2016

Pr. Cit vs.claridges Hotels (P) Ltd.

Court: Delhi

Decided on: Dec-15-2016

$~ * % + + IN THE HIGH COURT OF DELHI AT NEW DELHI1820 Judgement delivered on:15. 12.2016 ITA Nos.547, 549 & 555/2013 COMMISSIONER OF INCOME TAX (CENTRAL)-I .....Appellant Through: Mr. Mayank Aggarwal, Advocate for Mr.Ajit Sharma, Advocate. Versus M/S RUSSIAN TECHNOLOGY CENTRE (P) LTD......... RESPONDENTS 21-26 ITA Nos.596, 597, 598, 599, 600 & 601/2015 Through: Mr. Rudra Kahlon, Advocate. PR. CIT ....Appellant Through: Mr. Dileep Shivpuri and Mr. Vikrant A. Maheshwari, Advocates. Versus CLARIDGES HOTELS (P) LTD. ........ RESPONDENTS Through: Mr.Aryama Sundaram, Senior Advocate with Mr. Sandeep Kapur and Mr. Ajay Wadhwa, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.:-"1. These appeals have been preferred by the Revenue under Section 260- A of the Income Tax Act, 1961 (hereinafter to be referred as the Act) against the common order dated 12.04.2013 passed in ITA Nos. 4932,4933, 5390 & 5391/Del/2011 and the common order dated 30....


Dec 15 2016

M/S Ans Constructions Ltd. Vs.union of India

Court: Delhi

Decided on: Dec-15-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI % + O.M.P. (COMM) 36/2016 Judgment delivered on:15. 12.2016 M/S ANS CONSTRUCTIONS LTD. ........ Petitioner Versus UNION OF INDIA ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr Kuriakose Varghese and Mr V. Shyamohan, Mr Surya Prakash and Ms Saumya Sharma. : Dr Ashwani Bharadwaj, Mr Rishabh Sahu and Mr Sameer Sharma. For the Respondent CORAM HONBLE MR JUSTICE VIBHU BAKHRU VIBHU BAKHRU, J JUDGMENT1 M/s ANS Constructions Ltd. (hereafter 'ACL') has filed this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act') impugning an arbitral award dated 07.10.2015 (hereafter 'the impugned award') published by the Sole Arbitrator.2. By the impugned award, the Sole Arbitrator has rejected all the claims made by ACL in view of the No Claim Certificate issued by ACL on 09.12.2011. ACL claims that the said No Claim Certificate was drafted by the respondent and ACL was constrained to issue th...


Dec 15 2016

Krishna Khanna vs.pritam Lal Bakshi

Court: Delhi

Decided on: Dec-15-2016

$~1 and 2. * + + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA7482016 and CM APPL. 35337/2016 RFA7492016 and CM APPL. 35338-35339/2016 KRISHNA KHANNA ..... Appellant Through: Mr. K. Priyadarshi, Advocate with appellant in person. versus PRITAM LAL BAKSHI ..... Respondent Through: None CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER1512.2016 1. The appellant/defendant is aggrieved by the judgment dated 20.07.2016, passed by the trial court in a suit for possession, recovery of mesne profits and damages instituted by the respondent/plaintiff, who happens to be her uncle (brother of the appellants mother). Under the impugned judgment, while turning down the relief of mesne profits and damages claimed by the respondent/plaintiff, the learned ADJ granted a decree of possession in his favour and against the appellant in respect of a portion of the suit premises as detailed in the order. By a separate judgment dated 20.07.2016 the counter claim filed by the appellant/plaintiff against the respond...


Dec 15 2016

Rakesh Malhotra vs.sh. Gurpal Singh

Court: Delhi

Decided on: Dec-15-2016

$~46 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 541/2016 & IA No.14869/2016 RAKESH MALHOTRA ........ Petitioner Through: Mr Dinesh Kumar Gupta and Mr Vidit Gupta, Advocates. Versus SH. GURPAL SINGH Through ..... Respondent CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1512.2016 VIBHU BAKHRU, J The petitioner has filed the present petition under Section 34 of the 1. Arbitration and Conciliation Act, 1996 (hereafter 'the Act') impugning the arbitral award dated 23.07.2016 (hereafter 'the impugned award') made by, Mr Prem Kumar, ADJ (Retd.), the Sole Arbitrator.2. The disputes between the parties arose in relation to an agreement to sell dated 12.12.2004 (hereafter 'the Agreement') entered into between the parties for sale of the property bearing No.381, AGCR Enclave, Delhi - 110092 (hereafter the Arbitrator has rejected the petitioner's claim for specific performance of the Agreement and has further also rejected the petitioner's claim for damages made in the alternative....


Dec 15 2016

Commissioner of Income Tax (Central)-I vs.m/s Russian Technology Centr ...

Court: Delhi

Decided on: Dec-15-2016

$~ * % + + IN THE HIGH COURT OF DELHI AT NEW DELHI1820 Judgement delivered on:15. 12.2016 ITA Nos.547, 549 & 555/2013 COMMISSIONER OF INCOME TAX (CENTRAL)-I .....Appellant Through: Mr. Mayank Aggarwal, Advocate for Mr.Ajit Sharma, Advocate. Versus M/S RUSSIAN TECHNOLOGY CENTRE (P) LTD......... RESPONDENTS 21-26 ITA Nos.596, 597, 598, 599, 600 & 601/2015 Through: Mr. Rudra Kahlon, Advocate. PR. CIT ....Appellant Through: Mr. Dileep Shivpuri and Mr. Vikrant A. Maheshwari, Advocates. Versus CLARIDGES HOTELS (P) LTD. ........ RESPONDENTS Through: Mr.Aryama Sundaram, Senior Advocate with Mr. Sandeep Kapur and Mr. Ajay Wadhwa, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.:-"1. These appeals have been preferred by the Revenue under Section 260- A of the Income Tax Act, 1961 (hereinafter to be referred as the Act) against the common order dated 12.04.2013 passed in ITA Nos. 4932,4933, 5390 & 5391/Del/2011 and the common order dated 30....


Dec 15 2016

Govind Kr Verma and Anr vs.joint Registrar (Medical) Faculty of Ayruve ...

Court: Delhi

Decided on: Dec-15-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: December 01 , 2016 Judgment delivered on: December 15, 2016 + W.P.(C) 10166/2016, CM Nos. 40202/2016 & 42889/2016 GOVIND KR VERMA AND ANR Through: Mr. Pankaj Sinha, Adv. with Ms. Ritu Singh & Mr. Vishal Kalra, Advs. ........ Petitioners versus JOINT REGISTRAR (MEDICAL) FACULTY OF AYRUVEDIC AND UNANI MEDICINES AND ANR Through: Mr. Mohinder J.S. Rupal, Adv. with Ms. Simran Jeet, Adv. ..... Respondent CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J CM No.42889/2016 This is an application filed by the petitioner for bringing on record, additional documents. The application is allowed and disposed of. Writ Petition (Civil) 10166/2016 1. The challenge in this petition, by two petitioners who are physically challenged is, to the inaction of the respondents in not inviting them for counseling and admission to the W.P.(C) 10166/2016 Page 1 of 11 MD/MS Ayurvedic and Unani Medicines Course for the academic year 20...


Dec 15 2016

Kishan Lal Nagpal & Ors. Vs.state

Court: Delhi

Decided on: Dec-15-2016

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision : December 15th, 2016 CRL.REV.P. 274/2007 ASHOK BHADAURIA ........ Petitioner Through Mr.Kirti Uppal, Sr.Adv. with and Chaudhary Mr.S.P.S. Mr.Harsh Kumar, Advs. versus STATE Through Mr.Panna Lal Sharma, APP with SI Bhanwar Singh, Sec-V/EOW. ..... Respondent WITH + CRL.REV.P. 347/2007 C.P.YADAV & ANR. ........ Petitioner Through Mr.Kirti Uppal, Sr.Adv. with and Chaudhary Mr.S.P.S. Mr.Harsh Kumar, Advs. versus STATE Through Mr.Panna Lal Sharma, APP with SI Bhanwar Singh, Sec-V/EOW. ..... Respondent AND + CRL.REV.P. 387/2007 KISHAN LAL NAGPAL & ORS. ........ Petitioner Through Mr.Kirti Uppal, Sr.Adv. with and Chaudhary Mr.S.P.S. Mr.Harsh Kumar, Advs. versus Crl.Rev.P.274/07, 3& 3Page 1 of 6 STATE Through Mr.Panna Lal Sharma, APP with SI Bhanwar Singh, Sec-V/EOW. ..... Respondent CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J1 A common order on charge dated 02.03.2007 and the charge framed dated 02.03.2007 has been challenged ag...


Dec 15 2016

Tata Sons Limited vs.ram Niwas & Ors

Court: Delhi

Decided on: Dec-15-2016

$~7 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS (COMM) 1603/2016 TATA SONS LIMITED ..... Plaintiff Through : Mr Achuthan Sreekumar and Mr Karan Kumar, Advocates. versus RAM NIWAS & ORS ..... Defendants Through : None. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % VIBHU BAKHRU, J ORDER1512.2016 The present suit has been filed by the plaintiff, inter alia, seeking a 1. decree of permanent injunction restraining the defendants from directly or indirectly dealing in the business of providing transport; packaging and storage of goods; travel arrangement, packaging / moving services under the domain name www.tatapackers.com and/or using any trademark/ description/name/device bearing the trademark TATA or any other mark which is deceptively similar to the plaintiffs trademark TATA. The plaintiff also prays for an order for rendition of accounts of profits earned by the defendants and a decree of `20,05,000/- towards damages against the defendants.2. Although the defendants were served, however...


Dec 15 2016

Sukhraj Singh vs.union of India and Ors.

Court: Delhi

Decided on: Dec-15-2016

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:15th December, 2016 + W.P. (C) 10605/2016 & CM No.45443/2016 (for direction) SUKHRAJ SINGH ........ Petitioner Through Mr. Alakh Alok Srivastava, Advocate. versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through Mr. Gaurang Kanth, Ms. Eshita and Mr. Y.P. Singh, Baruah Advocates for UOI. CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA INDIRA BANERJEE, J (ORAL) ORDER1512.2016 1. The short question raised in this writ petition is, whether the petitioner ought to have been imposed penalty of line confinement of 4 days for the offence of drinking in summary proceedings, without breath analysis/test and without being given an opportunity of hearing. W.P. (C) 10605/2016 Page 1 of 5 2. The petitioner is a Head Constable (General duty) of the central Reserve Police Force (C.R.P.F.), presently posted at the 51 battalion of the CRPF at Hallomajra, Chandigarh.3. On 21.3.2016, the petitioner was dir...


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