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Delhi Court January 2017 Judgments

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Jan 25 2017

National Insurance Co. Ltd. Vs.smt. Sunita & Ors.

Court: Delhi

Decided on: Jan-25-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: January 25, 2017 + MAC. APP. 580/2008 NATIONAL INSURANCE CO. LTD. Through: Mr. Pradeep Gaur, Advocate ..... Appellant Versus SMT. SUNITA & ORS. Through: Nemo. .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % ORAL1 JUDGMENT Impugned Award of 13th December, 2007 grants compensation of `5,59,528/- (inclusive of interim award of `50,000/-) with interest @7% p.a. to respondents-claimants on account of death of Fernandis Singh in a road accident on 9th January, 2003.2. The factual background of this case is already spelt out in paragraph No.6 of impugned Award and so, needs no reproduction. Suffice to note that appellant is the insurer of truck in question, which had colluded with car of the injured, resulting in the unfortunate death of car driver. The owner and driver have chosen not to contest before learned Motor Accident Claims Tribunal and even in this appeal. None is present on their behalf to contest this appeal. As ...


Jan 25 2017

Madhup Mohta vs.union of India & Anr

Court: Delhi

Decided on: Jan-25-2017

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6631/2015 MADHUP MOHTA Date of Decision :25. h January, 2017 ........ Petitioner Through Dr. Ashok Dhamija, Advocate versus UNION OF INDIA & ANR. ........ RESPONDENTS Through Ms. Monika Arora, CGSC and Mr. Sushil Kumar Panda and Mr. Harsh Ahuja, Advocates CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) This writ petition impugns the order dated 26.03.2015 passed by the Principal Bench, Central Administrative Tribunal, whereby OA No.2477/2013 filed for setting aside/quashing, the charge sheet /charge memorandum No.Q/Vig./843/02/2010 dated 08.11.2012 issued by the respondents for initiating disciplinary proceedings, has been dismissed.2. Learned counsel for the petitioner submits that Central Bureau of Investigation had carried out investigation on identical charges and had submitted the closure report in FIR No.RCDAI-2008-A-0022 dated 23.06.2008. Therefore, the Tribunal should h...


Jan 25 2017

Orchid Pharma Limited vs.vhb Life Sciences Limited & Anr.

Court: Delhi

Decided on: Jan-25-2017

$~6 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 404/2016 ORCHID PHARMA LIMITED Through: Mr. Neeraj Malhotra with Mr. Rupal versus Luthra, Advocate ........ Petitioner VHB LIFE SCIENCES LIMITED & ANR. ........ RESPONDENTS Through: Mr. Ravikesh K Sinha, Advocate for Respondent no.1. Mr. Shyam Nandan with Mr. Siddharth Bamba, Advocate for Respondent No.2. CORAM: JUSTICE S.MURALIDHAR % 1. This is a petition under Section 11 (6) of the Arbitration & ORDER2501.2017 Conciliation Act, 1996 (Act) filed by the... Petitioner, Orchid Pharma Limited (OPL) against Respondent No.1, VHB Life Sciences Limited (VHB), and Respondent No.2, Nitin Life Sciences Limited (NLS) seeking reference of the disputes between them to arbitration.2. The background of this case is that there was an Agreement between OPL and VHB dated 26th August, 2002 for manufacturing, selling and delivering the goods as mentioned in Schedule A to the said Agreement to BHP directly and/or to any of its agent/distributor. On 29t...


Jan 25 2017

j.p. Sharma vs.chief General Manager, State Bank of India & Anr

Court: Delhi

Decided on: Jan-25-2017

$~18. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 664/2017 and CM APPL. 3102/2017 1. J.P. SHARMA Through:... Petitioner in person. ........ Petitioner versus CHIEF GENERAL MANAGER, STATE BANK OF INDIA & ANR ........ RESPONDENTS Through: Mr. S.L. Gupta, Advocate with Mr. Gaurav Khatana, Advocate CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % The present petition has been filed by the petitioner praying inter alia ORDER2501.2017 for directions to the respondents/Bank to furnish him the full details and bifurcation and copies of the statement of accounts of the Consumer loan, Car loan and Personal loan obtained by him, by applying the staff rate of interest from January, 1999 to 21.01.2002 and further, to direct the respondents/Bank to pay him the differential amount.2. The petitioner, who appears on person, submits that earlier hereto, he had filed two petitions against the respondents/Bank, registered as W.P.(C) 9446/2015 and W.P.(C) 7819/2016. Vide order dated 05.10.2015 passed in W.P...


Jan 25 2017

Director of Income Tax vs.lufthansa German Airlines

Court: Delhi

Decided on: Jan-25-2017

* + + + + + + + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA6272016 DIRECTOR OF INCOME TAX KLM ROYAL DUTCH AIRLINES versus Reserved on:22. 12.2016 Pronounced on:25. 01.2017 ..... Appellant ..... Respondent ITA6102004 DIRECTOR OF INCOME TAX INTERNATIONAL..... Appellant LUFTHANSA GERMAN AIRLINES ..... Respondent versus ITA3372005 DIRECTOR OF INCOME TAX DELHI LUFTHANSA GERMAN AIRLINES versus ..... Appellant ..... Respondent ITA10172006 DIRECTOR OF INCOME TAX INTERNATIONAL TAXATION ..... Appellant LUFTHANSA GERMAN AIRLINES versus ..... Respondent ITA10242006 DIRECTOR OF INCOME TAX INTERNATIONAL TAXATION LUFTHANSA GERMAN AIRLINES ..... Respondent versus ..... Appellant ITA10262006 DIRECTOR OF INCOME TAX INTERNATIONAL TAXATION LUFTHANSA GERMAN AIRLINES ..... Respondent versus ..... Appellant ITA10312006 DIRECTOR OF INCOME TAX INTERNATIONAL TAXATION ITA62716 and connected cases Page 1 + + + + + + + LUFTHANSA GERMAN AIRLINES versus ..... Appellant ..... Respondent ITA12412006 DIRECTOR OF INCOME...


Jan 25 2017

Court on Its Own Motion vs.rakesh Kumar Gupta

Court: Delhi

Decided on: Jan-25-2017

$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI + Crl.M.A.Nos. 12118/2015, 12119/2015, 12120/2015, 18534/2015, 7870/2016, 17316/2016, 17317/2016, 17318/2016 and 17319/2016 in CONT.CAS.(CRL.) No.4/2015 7869/2016, 7868/2016, % Date of decision :25. h January, 2017 COURT ON ITS OWN MOTION Through: None ........ Petitioner Versus RAKESH KUMAR GUPTA Through: Respondent in person ..... Respondent CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT GITA MITTAL, J1 By way of the present order, we propose to decide 11 applications being Crl.M.A. Nos. 12118/2015, 12119/2015, 12120/2015, 18534/2015, 7868/2016, 7869/2016, 7870/2016, 17316/2016, 17317/2016, 17318/2016 and 17319/2016 filed by the respondent before us. Before dealing with the individual applications, it is necessary to note a few essential facts relating to the litigation wherefrom the present contempt proceedings arise. It appears that three Income Tax Appeals and one Writ Petition being Crl.Cont.(Cas) No.4/...


Jan 25 2017

M/S Keventer Agro Limited vs.m/s. Kalyan Vypar Pvt. Ltd. & Anr.

Court: Delhi

Decided on: Jan-25-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : January 18, 2017 Judgment Delivered on : January 25, 2017 RFA (OS) 1/2016 M/S KEVENTER AGRO LIMITED ..... Appellant Represented by: Mr.Ravi Gupta, Sr.Advocate instructed by Mr.P.Choudhar and Mr.Sachin Jain, Advocates versus M/S. KALYAN VYPAR PVT. LTD. & ANR. ........ RESPONDENTS Represented by: Mr.Krishnendu Datta, Advocate with Mr.Rahul Malhotra, Advocate for R-1 Mr.Rajat Aneja, Advocate with Mr.Toyesh Tewari, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA PRADEEP NANDRAJOG, J.1. On November 30, 2015 suit filed by the appellant for specific performance of a written agreement to sell dated August 03, 2010 (wrongly typed in the plaint as October 03, 2010), for cancellation of a sale deed dated August 04, 2011 executed by defendant No.1 in favour of defendant No.2, permanent and mandatory injunction and damages, was listed for settlement of issues. An application under Or...


Jan 25 2017

M/S Amira Pure Foods Pvt. Ltd vs.axis Bank Limited

Court: Delhi

Decided on: Jan-25-2017

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11794/2016 & CM4722017 M/S AMIRA PURE FOODS PVT. LTD. Through : Mr. Akhil Sibal with Mr. Ruchin Midha, Advocates ........ Petitioner versus AXIS BANK LIMITED ..... Respondent Through : Mr. Arpit Maheshwari, Advocate CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER2501.2017 CM31462017 (by the petitioner u/Sec.151 CPC for withdrawal of the petition) This application has been filed by the petitioner seeking leave to 1. withdraw the present petition.2. Mr. Sibal, learned counsel for the petitioner states that on 16.12.2016, when the present petition was listed for admission, counsel for the respondent/Bank had challenged its maintainability and stated that the petitioner is not entitled to invoke judicial review for seeking the reliefs as prayed for.3. In view of the submissions made by counsel for the respondent/Bank and on perusing the documents handed over by him in the course of arguments, this Court had expressed a prima facie opini...


Jan 25 2017

Director of Income Tax vs.klm Royal Dutch Airlines

Court: Delhi

Decided on: Jan-25-2017

* + + + + + + + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA6272016 DIRECTOR OF INCOME TAX KLM ROYAL DUTCH AIRLINES versus Reserved on:22. 12.2016 Pronounced on:25. 01.2017 ..... Appellant ..... Respondent ITA6102004 DIRECTOR OF INCOME TAX INTERNATIONAL..... Appellant LUFTHANSA GERMAN AIRLINES ..... Respondent versus ITA3372005 DIRECTOR OF INCOME TAX DELHI LUFTHANSA GERMAN AIRLINES versus ..... Appellant ..... Respondent ITA10172006 DIRECTOR OF INCOME TAX INTERNATIONAL TAXATION ..... Appellant LUFTHANSA GERMAN AIRLINES versus ..... Respondent ITA10242006 DIRECTOR OF INCOME TAX INTERNATIONAL TAXATION LUFTHANSA GERMAN AIRLINES ..... Respondent versus ..... Appellant ITA10262006 DIRECTOR OF INCOME TAX INTERNATIONAL TAXATION LUFTHANSA GERMAN AIRLINES ..... Respondent versus ..... Appellant ITA10312006 DIRECTOR OF INCOME TAX INTERNATIONAL TAXATION ITA62716 and connected cases Page 1 + + + + + + + LUFTHANSA GERMAN AIRLINES versus ..... Appellant ..... Respondent ITA12412006 DIRECTOR OF INCOME...


Jan 25 2017

Uco Bank vs.ram Chander and Ors.

Court: Delhi

Decided on: Jan-25-2017

$~1 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. 01.2017 C.R.P. 164/2016 UCO BANK Through Mr.Rajesh Rattan, Advocate ........ Petitioner versus RAM CHANDER AND ORS. ........ RESPONDENTS Through Mr.U.M.Tripathi, Advocate for R-1 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. The present revision petition is filed seeking to impugn the order dated 06.10.2015 whereby the Appellate Court allowed the application under Order 9 Rule 9 CPC read with Section 5 of the Limitation Act for restoration of the suit dismissed in default of the respondents.2. 3. Respondent No.2 is served but none is present on his behalf. The controversy centers around the property being No.RZP- 255A, Raj Nagar II, Palam Colony, New Delhi, measuring 244 sq.yds. out of a total area of 444 sq.yds. The property was sold by respondent No.3 Smt.Bimla Devi in favour of respondent No.2/Sh.Atul Kumar Garg, vide registered sale deed dated 11.06.2002. Respondent No.2 took a loan of Rs.14,7...


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