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Delhi Court December 2016 Judgments

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Dec 06 2016

Chief Manager, Rajasthan State Road Transport Corporation & Anr. Vs.ka ...

Court: Delhi

Decided on: Dec-06-2016

$~35 * % + MAC.APP.576/2016 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:06. h December, 2016 CHIEF MANAGER, RAJASTHAN STATE ROAD TRANSPORT CORPORATION & ANR..... Appellants Through: Dr. Ritu Bhardwaj, Advocte versus KABITA & ORS ........ RESPONDENTS Through: Mr. Neeraj P. Singh, Advocate for respondent No.1 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellants have challenged the award of the Claims Tribunal whereby compensation of Rs.11,50,000/- has been awarded to respondent No.1.2. The accident dated 29th September, 2013 resulted in the death of Ramesh who was travelling in the TSR which met with an accident with the appellants bus. The deceased was aged of 19 years at the time of the accident and was survived by his wife to filed claim petition before the Claims Tribunal. The Claims Tribunal took the minimum wages of Rs.9,386/-, deducted 50% towards his personal expenses and applied the multiplier of 18 to compute the loss of dependency at Rs.10,15,00...


Dec 06 2016

Vedika Nut Craft Pvt. Ltd. Vs.union Bank of India & Ors

Court: Delhi

Decided on: Dec-06-2016

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2005/2016 & CM86532016 1. VEDIKA NUT CRAFT PVT. LTD. ........ Petitioner Through : Mr. Kirti Uppal, Sr. Advocate with Mr. Rajesh Sharma, Mr. Siddharth Chopra and Mr. Harsh Kumar, Advocate versus UNION BANK OF INDIA & ORS ........ RESPONDENTS Through : Mr. O.P. Gaggar, Advocate for R-1. Mr. Arun Aggarwal, Advocate for R-2. Mr. Kush Sharma, Advocate for R-3. Md. Asfar Hayet Warsi, Advocate for R-4. Mr. Samarendra, Advocate for R-5. Mr. K.S. Parihar, Advocate for R-6/RBI. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % The petitioner has filed the present petition praying inter alia for ORDER0612.2016 setting aside the notice dated 1.1.2016 issued by the respondent No.1 calling upon him to pay the outstanding amount of Rs.56.00 crores (approx.) with upto date interest, failing which it would be compelled to initiated action for recovery of dues under the SARFAESI Act.2. When the petition was listed for admission on 9.3.2016, the predecessor...


Dec 06 2016

Mangi Lal Gupta vs.up State Roadways Transport Corporation

Court: Delhi

Decided on: Dec-06-2016

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: December 06, 2016 (i) + MAC.APP. 393/2009 VIJAY KUMAR RASTOGI ..... Appellant Through: Ms.Rekha Rustagi, Advocate Versus UP STATE ROADWAYS TRANSPORT CORPORATION ..... Respondent Through: Ms. Garima Prashad & Mr.Shadab Khan, Advocates (ii) + MAC.APP. 509/2009 UP STATE ROADWAYS TRANSPORT CORPORATION Through: ..... Appellant Ms. Garima Prashad & Mr.Shadab Khan, Advocates Versus (iii) + MAC.APP. 725/2011 MANGI LAL GUPTA Versus VIJAY KUMAR RASTOGI & ORS. Through: Ms.Rekha Rustagi, Advocate ........ RESPONDENTS ..... Appellant Through: Ms.Rekha Rustagi, Advocate UP STATE ROADWAYS TRANSPORT CORPORATION MAC.APP.393/2009 MAC.APP.509/2009 MAC.APP.725/2011 MAC.APP.507/2009 ..... Respondent Page 1 of 9 Through: Ms. Garima Prashad & Mr.Shadab Khan, Advocates (iv) + MAC.APP. 507/2009 UP STATE ROADWAYS TRANSPORT CORPORATION Through: ..... Appellant Ms. Garima Prashad & Mr.Shadab Khan, Advocates Versus MANGI LAL GUPTA & ORS. Through: Ms.Rekha...


Dec 06 2016

All India Cpwd(mrm) Karamchari Sangathan & Anr vs.d.g. Of Works Cpwd & ...

Court: Delhi

Decided on: Dec-06-2016

$~R-11 * + W.P.(C) 4102/2002 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Dated:6. h December, 2016 ALL INDIA CPWD(MRM) KARAMCHARI SANGATHAN & ANR Through Mr. Naresh Kaushik and Ms. Joymoti ........ Petitioners D.G. OF WORKS CPWD & ORS versus ........ RESPONDENTS Mize, Advocates Through Mr. Bhagvan Swarup Shukla, CGSC, Mr. Shekhar Gehlot and Mr. Mimansak Bhardwaj, Advocates CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL G.S.SISTANI, J (ORAL) 1. Challenge in this writ petition is to the order dated 30.01.2002 passed by the Central Administrative Tribunal (hereinafter referred to for short as the Tribunal), by which the OA filed by the petitioners was allowed in part. Challenge is also laid to the order dated 01.04.2002 passed in Review Application 69/2002 which was filed by the petitioners herein and was dismissed. The petitioner no.2 is also represented by the All India CPWD(MRM) Karamchari Sangathan, through its President.2. Before the Tribunal, the petition...


Dec 06 2016

Sonu Sardar vs.the Union of India & Anr.

Court: Delhi

Decided on: Dec-06-2016

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P. (CRL) 441/2015 % Judgment Reserved on:28. h November, 2016 Judgment Pronounced on:6. h December, 2016 SONU SARDAR ........ Petitioner Through : Ms. Nitya Ramakrishnan, Adv. with Ms. Ragini Ahuja and Mr. Ashish Virmani, Advs. versus THE UNION OF INDIA & ANR. ........ RESPONDENTS Through : Mr. Navin Chawla, Adv. with Mr. Amit Rajput and Mr. Aditya V. Singh, Advs. for R-1. Mr. Atul Jha, Adv. with Mr. Sandeep Jha, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL G.S.SISTANI, J.CRL M.A. No.3651/2015 (under Section 482 CrPC) 1. This is an application under Section 482 filed on behalf of the respondent No.2/ State of Chhattisgarh for dismissal of the present writ petition on the ground that this court lacks territorial jurisdiction to entertain the present writ petiton.2. The present writ has been filed impugning the orders of the President and the Governor of Chhattisgarh rejecting the mercy petition of th...


Dec 06 2016

Khursheed Begum (Now Deceased) and Ors vs.nadeem Ur Rehman & Ors

Court: Delhi

Decided on: Dec-06-2016

$~43 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CONT.CAS(C) 1283/2016 & C.M.No.44992/2016 KHURSHEED BEGUM (NOW DECEASED) AND ORS ........ Petitioners Through Mr.S.D.Ansari with Mr.I.Ahmed, versus Advocates. NADEEM UR REHMAN & ORS Through ........ RESPONDENTS Date of Decision :06. h December, 2016 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present contempt petition has been filed alleging wilful disobedience of the order dated 22nd January, 2014 passed in CS(OS) No.185/2014, whereby the Court directed respondent No.1 to maintain status quo with regard to title and possession of property bearing Private No.7 in property No.G-6 (Out of Khasra No.1076/5/2/723 in Village Jhilmil Tahirpur, Dilshad Colony, Extension 1, Shahdara, Delhi.2. Learned counsel for the petitioners states that despite status quo, respondent No.1 has parted with the possession of the aforesaid property.3. A Division Bench of this Court in Bimal Chandra Sen Vs. Kamla Mathur; 1982 Law Suit (De...


Dec 06 2016

New India Assurance Co Ltd vs.parveen Kumar and Ors

Court: Delhi

Decided on: Dec-06-2016

$~45 * % + MAC.APP.723/2012 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:06. h December, 2016 NEW INDIA ASSURANCE CO LTD ..... Appellant Through: Mr. P. Acharya proxy for Mr. Sameer Nandwani, Advocate versus PARVEEN KUMAR AND ORS ........ RESPONDENTS Through: Mr. Gaurav Gupta, Advocate for respondent No.1 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.9,93,147/- has been awarded to respondent No.1.2. On 07th August, 2006, respondent No.1 was travelling in bus No.DL-1P-B-4387 as a helper and he fell down from the bus while alighting and suffered grievous injuries. Respondent No.1 was admitted in the Trauma Centre of Lok Nayak Hospital where he remained hospitalised upto 20th August, 2006. He again admitted in Tirath Ram Shah Charitable Hospital from 24th to 29th August, 2006 and 16th to 22nd September, 2006. The toe of the left foot of respondent No.1 was amputated which result...


Dec 06 2016

Up State Roadways Transport Corporation vs.vijay Kumar Rastogi & Ors.

Court: Delhi

Decided on: Dec-06-2016

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: December 06, 2016 (i) + MAC.APP. 393/2009 VIJAY KUMAR RASTOGI ..... Appellant Through: Ms.Rekha Rustagi, Advocate Versus UP STATE ROADWAYS TRANSPORT CORPORATION ..... Respondent Through: Ms. Garima Prashad & Mr.Shadab Khan, Advocates (ii) + MAC.APP. 509/2009 UP STATE ROADWAYS TRANSPORT CORPORATION Through: ..... Appellant Ms. Garima Prashad & Mr.Shadab Khan, Advocates Versus (iii) + MAC.APP. 725/2011 MANGI LAL GUPTA Versus VIJAY KUMAR RASTOGI & ORS. Through: Ms.Rekha Rustagi, Advocate ........ RESPONDENTS ..... Appellant Through: Ms.Rekha Rustagi, Advocate UP STATE ROADWAYS TRANSPORT CORPORATION MAC.APP.393/2009 MAC.APP.509/2009 MAC.APP.725/2011 MAC.APP.507/2009 ..... Respondent Page 1 of 9 Through: Ms. Garima Prashad & Mr.Shadab Khan, Advocates (iv) + MAC.APP. 507/2009 UP STATE ROADWAYS TRANSPORT CORPORATION Through: ..... Appellant Ms. Garima Prashad & Mr.Shadab Khan, Advocates Versus MANGI LAL GUPTA & ORS. Through: Ms.Rekha...


Dec 06 2016

Principal Commissioner of Income Tax vs.u.k. Paints India Pvt. Ltd.

Court: Delhi

Decided on: Dec-06-2016

$~6 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:06. 12.2016 ITA7812016 PRINCIPAL COMMISSIONER OF INCOME-TAX (CENTRAL) - I ..... Appellant Through : Sh. Dileep Shivpuri, Sr. Standing Counsel, Sh. Sanjay Kumar, Jr. Standing Counsel and Sh. Vikrant. A. Maheshwari, Advocate. Versus M/S. U. K. PAINTS (INDIA) PVT. LTD. ..... Respondent Through : Sh. Tarun Singh, Advocate. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The Revenue claims to be aggrieved against an order of the Income Tax Appellate Tribunal (ITAT) in this appeal under Section 260A of the Income Tax Act, 1961 [hereafter the Act]..2. The question of law urged is with respect to the cancellation of disallowance made under Section 14A of the Act read with Rule 8D of the Income Tax Rules.3. During the relevant Assessment Year (AY) 2006-07, the assessees ITA7812016 Page 1 return had reported tax exempt income to the tune of over `25 crores. The A...


Dec 06 2016

Mrs. Shobha Kaur vs.central Bank of India & Anr.

Court: Delhi

Decided on: Dec-06-2016

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.11536/2016 6th December, 2016 Mr. Umesh Singh, Adv. ........ Petitioner * + % MRS. SHOBHA KAUR Through: versus CENTRAL BANK OF INDIA & ANR. Through: Mr. O.P.Gaggar, Adv. ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition under Article 226 of the Constitution of India, petitioner Mrs. Shobha Kaur, widow of the late employee Sh. Prithvi Paul Singh, seeks the relief for being granted pension to her late husband and also consequent family pension to the petitioner.... Petitioner also prayed that petitioner be granted interest on account of late payment of the terminal benefits.2. The facts of the case are that the petitioners husband was granted leave to visit USA in the year 1991. The leave was up to 24.12.1991 whereafter the petitioners husband returned to India but again W.P. (C) 11536/2016 Page 1 of 9 went back to USA on 19.2.1992 on ...


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