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Delhi Court January 2017 Judgments

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Jan 17 2017

Shashi Gulati & Ors vs.tata Aig General Insurance Co Ltd & Anr

Court: Delhi

Decided on: Jan-17-2017

$~8 & 25 * IN THE HIGH COURT OF DELHI AT NEW DELHI (i) Date of Decision: January 17, 2017 + MAC.APP. 1012/2013 TATA AIG GENERAL INSURANCE CO. LTD ..... Appellant Through: Mr. Akshay Bhandari and Ms. Meenakshi Midha, Advocates versus SHASHI GULATI & ORS .....Respondents Through: Mr. Rajesh Kaushik, Advocate for (ii) + MAC.APP. 53/2017 respondents No.1 to 3 SHASHI GULATI & ORS .....Appellants1 Through: Mr. Rajesh Kaushik, Advocate versus TATA AIG GENERAL INSURANCE CO LTD & ANR .....Respondents Through: Mr. Akshay Bhandari and Ms. Meenakshi Midha, Advocates respondent-insurer CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT MAC.APPs. 1012/2013 & 53/2017 Page 1 of 6 C.M.42720/2016 (delay) & MAC.APP. 53/2017 There is delay of 1114 days in filing the accompanying application to place on record the cross-objections. Notice. Mr. Akshay Bhandari, Advocate accepts notice on behalf of insurer. Upon hearing, I find that averments made in paragraph No.1 of the instant application, which is d...


Jan 17 2017

Master Sorab Dharma & Ors vs.new India Assurance Co Ltd & Ors.

Court: Delhi

Decided on: Jan-17-2017

$~42 & 43 * % + MAC.APP. 445/2015 42 NEW INDIA ASSURANCE CO LTD ..... Appellant Through: Mr. Mridul Jain, Advocate versus IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:17. h January, 2017 MASTER SORAB DHAMA & ORS ........ RESPONDENTS Through: Mr. Peeush Sharma and Mr. Kartikey Nayyar, Advocates for R-1 to 3. + MAC.APP. 727/2015 43 MASTER SORAB DHARMA & ORS ..... Appellants Through: Mr. Peeush Sharma and Mr. Kartikey Nayyar, Advocates versus NEW INDIA ASSURANCE CO LTD & ORS........ RESPONDENTS Through: Mr. Mridul Jain, Advocate CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The parties have challenged the award of the Claims Tribunal whereby compensation of Rs.12,47,832/- has been awarded to the legal heirs of deceased, Dharmender Dhama.2. The appellant in MAC.APP.445/2015 is seeking reduction of award amount whereas the appellant in MAC.APP.727/2015 is MAC. APP.445/2015 & 727/2015 Page 1 of 9 seeking enhancement of award amount.3. The accident dated 4th October, 20...


Jan 17 2017

Hcl Technologies Ltd. Vs.acit and Anr.

Court: Delhi

Decided on: Jan-17-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI * + W.P.(C) 8163/2010 HCL TECHNOLOGIES LTD. ........ Petitioner Decided on:17. 01.2017 Through : Sh. Ajay Vohra, Sr. Advocate with Ms. Kavita Jha and Sh. Vaibhav Kulkarni, Advocates. versus ASST. COMMISSIONER OF INCOME TAX AND ANR. ........ RESPONDENTS Through : Ms. Lakshmi Gurung, Jr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) % 1. The petitioner questions a notice issued by the respondents (hereafter the Revenue) under Sectionsof the Income Tax Act (hereafter the Act) proposing to reopen the completed assessment for 2005-2006. The earlier assessment had been framed under Section 143 (3) of the Act. The notice that the petitioner questions was issued on 4th March, 2010; the scrutiny assessment (original order) was made by the Assessing Officer (AO) on 26th December 2008 at a net taxable income of ` 2,16,07,60,309/- allowing a deduction under Section 10A...


Jan 17 2017

Shri Om Prakash vs.airport Authority of India

Court: Delhi

Decided on: Jan-17-2017

* + % SHRI OM PRAKASH IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.311/2017 17th January, 2017 ........ Petitioner Through: Mr. D.K. Sharma, Advocate. versus AIRPORT AUTHORITY OF INDIA ..... Respondent Through: Mr. Digvijay Rai, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) W.P.(C) 311/2017 and C.M. Appl. No.1493/2017 1. By this writ petition under Article 226 of the Constitution of India the petitioner impugns the order of the respondent/Airport Authority of India/employer dated 17.4.2008 whereby the respondent/employer has concluded that the petitioners actual date of birth was 21.3.1947 but he manipulated the same in the official records wrongly to be 3.8.1948 at the time of giving papers for various welfare schemes in the year 2004. Accordingly, by the impugned order dated 17.4.2008 it has been ordered that whatever monetary benefits which the petitioner has received after the W.P.(C) No.311/2017 Page 1 o...


Jan 17 2017

Champa Devi vs.lt Governor of Delhi & Ors

Court: Delhi

Decided on: Jan-17-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: January 12, 2017 Judgment Delivered on: January 17, 2017 CHAMPA DEVI RSA4032015 Through: Mr.Ravinder Yadav, Advocate ..... Appellant versus LT GOVERNOR OF DELHI & ORS CORAM: HON'BLE MS. JUSTICE PRATIBHA RANI ........ RESPONDENTS Through: Mr.Ishan Kashyap, proxy counsel for Mr.Saurabh Chadda, Advocate with Mr.P.R.Yadav, Legal Assistant, GTB Hospital for R-1 to R-3 JUDGMENT1 This Regular Second Appeal under Section 100 of CPC is filed against the concurrent judgment of the Courts below i.e. of the trial Court dated 17th September, 2013 and of the First Appellate Court dated 25th July, 2015 whereby the prayers of the appellant/plaintiff for a decree of declaration about her status as lawfully wedded wife of late Shri Hari Ram, Ex-Safai Karamchari in G.T.B. Hospital and issuance of direction to the defendant No.2 i.e. Medical Superintendent, G.T.B. Hospital, Shahdara, Delhi-110032 to release the consequential benefit to he...


Jan 17 2017

The Jammu & Kashmir Bank Ltd vs.m/s Mayur Exports & Anr

Court: Delhi

Decided on: Jan-17-2017

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. h January, 2017 CS(OS) 723/1986 THE JAMMU & KASHMIR BANK LTD. Through: Mr. Dilip Pandita, Adv. ..... Plaintiff % + Versus M/S MAYUR EXPORTS & ANR Through: None. ..... Defendants CORAM:-"HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW IA No.7177/2013 (of plaintiff u/O XXXIV R-3(2)&(3) CPC) 1. In this mortgage suit under Order XXXIV of Code of Civil Procedure, 1908 (CPC) for recovery of Rs.7,03,500/- with future interest @ 17% per annum compounded quarterly from the date of institution of the suit till realisation and for sale of the hypothecated and mortgaged properties for realisation of the said amounts, on 26th April, 2001, a preliminary decree in the sum of Rs.7,03,500/- along with interest @ 12.5% per annum with costs was passed and the defendants were directed to pay into the Court the decretal amount within six months therefrom. It was further provided that if no payment is made, the plaintiff Bank would be entitled to seek a fi...


Jan 17 2017

Union of India & Ors. Vs.dr. A.k. Kapoor

Court: Delhi

Decided on: Jan-17-2017

$~R-1 & 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P. (C) 8585/2004 Date of Judgment:17. h January, 2017 UNION OF INDIA & ORS. ........ Petitioners Through: Mr.R.V. Sinha, Adv. with Mr.R.N. Singh and Mr.A.S. Singh, Advs. versus SAROJ MOHAN ..... Respondent Through: Mr.Satya Mitra Garg, Adv. with Ms.Manju Aggarwal, Adv. + W.P. (C) 782/2003 UNION OF INDIA & ORS. ........ Petitioners Through: Mr.R.V. Sinha, Adv. with Mr.R.N. Singh and Mr.A.S. Singh, Advs. versus DR. A.K. KAPOOR ..... Respondent Through: Mr.Satya Mitra Garg, Adv. with Ms.Manju Aggarwal, Adv. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL G.S.SISTANI, J.(ORAL) 1. Rule DB in W.P. (C) 782/2003 was issued on 21st February, 2005 and in W.P. (C) 8585/2004 was issued on 8th May, 2006.2. Arguments in both the matters have been heard together. Counsel for WP (C) 8585/2004 & WP (C) 782/2003 Page 1 of 12 the parties submit that both the writ petitions can be disposed of by a common order as the point of ...


Jan 17 2017

Shri Shiv Sharma vs.govt. Of n.c.t. Of Delhi & Anr

Court: Delhi

Decided on: Jan-17-2017

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) No.10398/2004 & W.P.(C) No.10400/2004 17th January, 2017 W.P.(C) No.10398/2004 versus SHRI SHIV SHARMA GOVT. OF N.C.T. OF DELHI & ANR Through: Mr. Aditya Vikram, Adovcate ........ Petitioner ........ RESPONDENTS Through: Mr. Naushad Ahmed Khan, ASC, Advocate for respondent no.1 (DOE). Ms. Bhanita Patowary, Advocate for respondent No.2. W.P.(C) No.10400/2004 SHRI MUKESH KUMAR SHARMA ........ Petitioner Through: Mr. Abhijeet Rastogi, Mr. Vishesh Issar, Advocates. GOVT. OF N.C.T. OF DELHI & ANR versus ........ RESPONDENTS Through: Mr. Naushad Ahmed Khan, ASC with Ms. Hancy Wadhwa, Advocate for respondent Nos.1 and 2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) W.P.(C) No.10398/2004 1. This writ petition is filed under Article 226 of the Constitution W.P.(C) No.10398/2004 & 10400/2004 Page 1 of 14 of India by the petitioner/Sh. Shiv Sharma seeking relief of being regula...


Jan 17 2017

Selectinfrastructure Private Limited vs.commissioner, Value Added Tax ...

Court: Delhi

Decided on: Jan-17-2017

$~56 *IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 8374/2016 Judgment delivered on:17. 01.2017 SELECT INFRASTRUCTURE PRIVATE LIMITED ........ Petitioner versus COMMISSIONER, VALUE ADDED TAX & ORS. ........ RESPONDENTS Mr Harsh Sethi and Mr Ruchir Bhatia Advocates who appeared in this case: For the... Petitioner : For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr P.Roychaudhuri for R-1. Mr Rahul Malhotra for R- JUDGMENT1701.2017 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner seeks quashing of the sealing order under Section 60 of the Delhi Value Added Tax Act, 2004 dated 11.12.2015 in respect of the premises bearing No.S-21&22 on the Second Floor, Select City Walk, District Centre Saket, New Delhi, and for de- sealing of the premises.2. It is contended that the petitioner is the owner of the Select City Walk as also the said premises bearing No.S-21&22 on the Second Floor, Select City Walk, District Centre Saket, New Delhi. W.P.(C) No.8374 /2016 Page 1 of 5 3. It...


Jan 17 2017

Ram Singh vs.madhuri Singh

Court: Delhi

Decided on: Jan-17-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 1713/2016 & Crl.M.A. 7262/2016 (stay) Decided on:17. h January, 2017 RAM SINGH Represented by: Mr. N.Rai with Mr. S.K. ........ Petitioner Saurav, Advs. Represented by: Mr. Zakir Husain, Adv. ..... Respondent versus MADHURI SINGH CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. Cost as imposed vide order dated 25th July, 2016 has been paid to learned counsel for the respondent.2. A petition under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005 (in short PWDV Act) was filed by the respondent before the learned Metropolitan Magistrate wherein the petitioner, who is the husband of the respondent, was summoned. Challenging the order dated 16th October, 2015 summoning the petitioner, the petitioner prefers the present petition.3. The grounds urged by learned counsel for the petitioner challenging the order of summoning are that since the petitioner is a resident of Bihar, he could not have ...


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