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Delhi Court January 2017 Judgments

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Jan 23 2017

M/S S J Leasing & Investment Pvt. Ltd. & Ors. Vs. Il&fs Trust Company ...

Court: Delhi

Decided on: Jan-23-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : January 17, 2017 Judgment Delivered on : January 23, 2017 EFA (OS) 4/2017 C&C CONSTRUCTIONS LTD. ..... Appellant Represented by: Mr.P.V.Kapoor, Sr.Advocate instructed by Ms.Manalisha Chaudhary, Advocate for A-1 versus IL&FS TRUST COMPANY LIMITED & ORS. ........ RESPONDENTS Represented by: Mr.Sandeep Sethi, Sr.Advocate instructed by Mr.Moazzam Khan, Mr.Alipak Banerjee and Mr.Brijesh Kumar, Advocates EFA (OS) 5/2017 G.S.JOHAR & ORS. ..... Appellants Represented by: Mr.Rakesh Tikkoo, Sr.Advocate instructed by Ms.Rashmeet Kaur, Advocate for A-1 and A-2 Mr.Anil Airi, Sr.Advocate instructed by Ms.Romila Joshi, Advocate for A- 3 and A-4 Mr.Navin Kumar, Advocate for A-5 versus IL&FS TRUST COMPANY LIMITED & ORS. ........ RESPONDENTS Represented by: Mr.Sandeep Sethi, Sr.Advocate instructed by Mr.Moazzam Khan, Mr.Alipak Banerjee and Mr.Brijesh Kumar, Advocates EFA (OS) Nos.4/2017, 5/2017 & 6/2017 Page 1 of 7 Judgment Reserved on...


Jan 23 2017

Mrs Mamta vs.state of Delhi & Anr.

Court: Delhi

Decided on: Jan-23-2017

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DECIDED ON :23. d JANUARY, 2017 CRL.M.C. 2996/2016 MRS MAMTA ........ Petitioner Through : Ms.Manika Tripathy, Advocate. versus STATE OF DELHI & ANR. ........ RESPONDENTS Through : Mr.Kamal K.Ghei, APP. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(Oral) 1. Present petition under Section 482 Cr.P.C. has been preferred by the petitioner to challenge the legality and correctness of an order dated 04.12.2015 of learned Addl. Sessions Judge in Cr.No.whereby order dated 18.12.2013 of the Court below was upheld.2. I have heard the learned counsel for the petitioner and have examined the file. The petitioner had lodged an FIR No.2under SectionsIPC against respondent No.2 alleging that he had committed rape upon her on 24.05.2008. Subsequently, cancellation report filed by the Investigation Agency was accepted by the learned Metropolitan Magistrate by an order dated 18.12.2013. The prosecutrix filed Cr.No.Crl.M.C.2996/2016 Page 1 of 3 to chal...


Jan 23 2017

Anil Kumar vs.state & Anr.

Court: Delhi

Decided on: Jan-23-2017

+ IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 134/2017 Date of Hearing & Order: January 23rd, 2017 ANIL KUMAR Through: Mr. Satish Kumar, Advocate ........ Petitioner versus STATE & ANR. ..... Respondent Through: Mr. Panna Lal Sharma, Additional Public Prosecutor for the State with Sub-Inspector Venkatesh, Police Station Sarita Vihar, Delhi Mr. J.P. Yadav, Advocate for respondent No.2. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.(Oral) The present petition under Section 482 Cr.P.C. has been filed by 1. the petitioner, namely, Sh. Anil Kumar for quashing of FIR No.325/2014 dated 11.05.2014, under Section 323/341/354A/506 IPC registered at Police Station Sarita Vihar on the basis of the settlement deed executed between petitioner and respondent no.2 namely, Smt. Crl.M.C. 134/2017 Page 1 of 7 for that area used vulgar Learned Additional Public Prosecutor Preeti Chaturvedi at the Mediation Centre, Saket Courts, New Delhi on 10.08.2016.2. respondent-State submitted that the responde...


Jan 23 2017

Wishall International vs.union of India & Ors.

Court: Delhi

Decided on: Jan-23-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:23. 01.2017 W.P. (C) 577/2013 WISHALL INTERNATIONAL ........ Petitioner Through: Mr. P.V. Saravana Raju with Mr. A. Garg, Advocates. Versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Harpreet Singh, Advocate for Resp- 2&3. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI S.RAVINDRA BHAT, J.1. The petitioner, a Chennai based unit filed a shipping bill on 15.5.2003 to export the consignment declared as ladies leather sandals claiming drawback applicable to Sl.No.64.06 of the relevant customs duty Drawback schedule. At the instance of Special Investigation Bureau of the Customs in New Delhi, the goods were considered chappals and not sandals as declared. To clarify and ensure proper description of the goods, the petitioner forwarded samples to the Council of Leather Exports, New Delhi by letter dated 19.5.2003. The Regional Director of the Council for Leather W.P.(C)577/2013 Page 1 Exports...


Jan 23 2017

Ghanshyam Dass vs.north Delhi Municipal Corporation

Court: Delhi

Decided on: Jan-23-2017

$~6 to 41, 43 to 47 & 58 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:23. 01.2017 * % + W.P.(C) 10055/2015 GHANSHYAM DASS ........ Petitioner Through Ms.Anusuya Salwan and Mr.Abhishek Pundir, Advocates. versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr.Sunil Goel, Standing Counsel for North DMC with Ms.Supreet Bambra, Advocate. + W.P.(C) 10008/2015 RAKESH KUMAR ........ Petitioner Through Ms.Anusuya Salwan and Mr.Abhishek Pundir, Advocates. versus NORTH DELHI MUNICIPAL CORPORATION ..... Respondent Through Mr.Sunil Goel, Standing Counsel for North DMC with Ms.Supreet Bambra, Advocate. + W.P.(C) 10026/2015 MONIKA ........ Petitioner WP(C) Nos. 10055/2015, 10008/2015, 10028/2015, 10032-33/205, 10046/2015, 10051/2016, 10053/2015, 10057-58/2015, 10060/2015, 10064/2015, 11016-17/2015,11025/2015, 11027-28/2015, 11429/2015 11446/2015, 11449/2015, 11471/2015, 11531-32/2015, 11737/2015, 11780/2015, 11784-85/2015, 11789/2015, 11792-93/2015, 11796-97/2015, 11799/2015...


Jan 23 2017

C&c Constructions Ltd. Vs. Il&fs Trust Company Limited & Ors.

Court: Delhi

Decided on: Jan-23-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : January 17, 2017 Judgment Delivered on : January 23, 2017 EFA (OS) 4/2017 C&C CONSTRUCTIONS LTD. ..... Appellant Represented by: Mr.P.V.Kapoor, Sr.Advocate instructed by Ms.Manalisha Chaudhary, Advocate for A-1 versus IL&FS TRUST COMPANY LIMITED & ORS. ........ RESPONDENTS Represented by: Mr.Sandeep Sethi, Sr.Advocate instructed by Mr.Moazzam Khan, Mr.Alipak Banerjee and Mr.Brijesh Kumar, Advocates EFA (OS) 5/2017 G.S.JOHAR & ORS. ..... Appellants Represented by: Mr.Rakesh Tikkoo, Sr.Advocate instructed by Ms.Rashmeet Kaur, Advocate for A-1 and A-2 Mr.Anil Airi, Sr.Advocate instructed by Ms.Romila Joshi, Advocate for A- 3 and A-4 Mr.Navin Kumar, Advocate for A-5 versus IL&FS TRUST COMPANY LIMITED & ORS. ........ RESPONDENTS Represented by: Mr.Sandeep Sethi, Sr.Advocate instructed by Mr.Moazzam Khan, Mr.Alipak Banerjee and Mr.Brijesh Kumar, Advocates EFA (OS) Nos.4/2017, 5/2017 & 6/2017 Page 1 of 7 Judgment Reserved on...


Jan 23 2017

Satya Narain vs.ashok Chopra & Ors

Court: Delhi

Decided on: Jan-23-2017

$~20 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: January 23, 2017 RSA302017 SATYA NARAIN Through: Mr.Sanjay Kumar, Advocate ..... Appellant ASHOK CHOPRA & ORS Through: None versus ........ RESPONDENTS CORAM: HONBLE MS. JUSTICE PRATIBHA RANI JUDGMENT (Oral) CM No.2902/2017 Exemption allowed, subject to all just exceptions. Application stands disposed of. CM No.2901/2017 (Delay in filing) & CM No.2970/2017 (Delay in re- filing) 1. For the reasons stated in the applications, delay of 55 days in filing and 15 days in re-filing the appeal is condoned.2. The applications stand disposed of. RSA302017 1. This Regular Second appeal under Section 100 CPC is filed against the concurrent judgments of the Courts below i.e. of the trial Court dated 31st October, 2011 and of the First Appellate Court dated 22nd August, 2016 whereby the suit of the appellant/plaintiff seeking mandatory and permanent RSA No.30/2017 Page 1 of 4 injunction has been dismissed.2. (i) The appellant/plain...


Jan 23 2017

Elijaved Minz & Ors. Vs.om Parkash & Anr.

Court: Delhi

Decided on: Jan-23-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: January 23, 2017 ..... Appellants Through: Mr. S.N. Prashar, Advocate ELIJAVED MINZ & ORS. + MAC.APP. 532/2008 OM PARKASH & ANR. Versus ........ RESPONDENTS Through: Mr. D.K. Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % ORAL1 JUDGMENT Impugned Award of 24th March, 2008 grants compensation of `14,61,000/- with interest @7.5% after deducting `50,000/- towards interim relief already granted to appellants. The breakup of compensation awarded is as under:-"Loss of dependency `13,96,000/- Loss of Love and affection `50,000/- Funeral Expenses Loss of estate Medical expenses `5,000/- `5,000/- `5,000/- Total compensation `14,61,000/- MAC.APP. 532.2008 Page 1 of 4 2. The factual background of this case already stands noted in the impugned Award and so, needs no reproduction. Suffice to note that Panama Oraon, aged 38 years, a Head Constable in Delhi Police, had died in a road accident on 30th June, 2005. The deceased has le...


Jan 23 2017

Green Park Association (Regd.) & Anr vs.south Delhi Municipal Corporat ...

Court: Delhi

Decided on: Jan-23-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :18. 01.2017. Judgment delivered on :23. 01.2017. + W.P.(C) 5629/2013 & C.M. No.12433/2015 GREEN PARK ASSOCIATION (REGD.) & ANR ........ Petitioners Through Mr. Kunal Tandon and Ms. Snigdha Sharma, Advs. SOUTH DELHI MUNICIPAL CORPORATION & ORS versus ........ RESPONDENTS Through Ms. Biji Rajesh and Mr. Amresh Anand, Advs for Mr. Gaurang Kanth, Adv for SDMC. Mr. Rishi Kumar for Ms. Neha Rustogi, Adv for R-5 along with Inspector Sanjay Singh and SI Ram Tirth. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 The petitioner is the Green Park Association which is a registered association. It is aggrieved by the acts of the South Delhi Municipal Corporation (SDMC). 2 The averments in the petition disclose that this colony i.e. Green Park Main was developed by the Urban Development Housing and Construction Private Limited as a private colony in the year 1955. On 02.04.1962, a revised layout plan of the Green Park...


Jan 23 2017

National Insurance Co. Vs.shobha & Ors.

Court: Delhi

Decided on: Jan-23-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: January 23, 2017 + MAC.APP. 177/2008 & C.M.4280/2008 NATIONAL INSURANCE CO. Through: Ms.Hetu Arora Sethi, Advocate ..... Appellant Versus SHOBHA & ORS. Through: Nemo. .....Respondents CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % ORAL JUDGMENT1 Impugned Award of 11th December, 2007 grants compensation of `1,00,000/- with interest @6% p.a. on account of death of Mr. Ganshyam Kumar in a road accident on 6th May, 2003, as the deceased was covered under personal accident cover.2. The factual background of this case already stands noted in the impugned Award and so, needs no reproduction. Suffice to note that the premium for the personal accident cover was duly tendered and received by appellant-insurer. The Mac.App.177/2008 Page 1 of 3 Administrative Officer of appellant No.1 had stepped into the witness box as RW-1 and had led evidence.3. The challenge to the impugned Award by learned counsel for appellant is on the ground that there w...


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