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Delhi Court January 2017 Judgments

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Jan 12 2017

Hoor Chaman Begum vs.hurriyat Khanam & Ors

Court: Delhi

Decided on: Jan-12-2017

$~A- * % + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 434/2015 HOOR CHAMAN BEGUM Date of decision:12. 01.2017 ........ Petitioner Through Mr. Diwan Singh Chauhan, Advocate versus HURRIYAT KHANAM & ORS ..... Respondent Through Mr. Ashok Gurnani and Mr.Syed Nazi, Advocates. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. The present petition is filed under Article 227 of the Constitution of India to impugn the order dated 10.03.2015 passed by the Additional Rent Controller (hereinafter referred to as ARC) dismissing the eviction petition filed by the petitioner/landlady under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred as the DRC Act).2. The petitioner filed the eviction petition under Section 14(1)(e) of the DRC Act regarding property being First Floor (back portion) of property No.1489, Gali Hakim Ajmal Khan, Qasimjan Street, Ballimaran, Delhi- 110006. The petitioner who is said to be aged above 80 years is the owner of the said propert...


Jan 12 2017

Mam Chand vs.chander Shekhar

Court: Delhi

Decided on: Jan-12-2017

$~13 * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI RFA9942016 & CMs 46906-08/2016 MAM CHAND Through : None. versus CHANDER SHEKHAR Through : None. ..... Appellant ..... Respondent CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % The appeal was passed over on the first call as none was present for ORDER1201.2017 the appellant. Position remains the same on the second call.2. On the last date of hearing, counsel for the appellant had sought time to obtain instructions from his client as to whether he wished to press the appeal.3. The appeal is accordingly dismissed in default and for non-prosecution, along with the pending applications. JANUARY12 2017 sk HIMA KOHLI, J...


Jan 12 2017

East Delhi Municipal Corporation vs.dinesh Chand

Court: Delhi

Decided on: Jan-12-2017

$~23. * + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA442017 EAST DELHI MUNICIPAL CORPORATION ..... Appellant Through: Ms. Namrata Mukim, Ms. Anushruti and Ms. Vasundhara, Advocates for Ms. Mini Pushkarna, Standing Counsel, EDMC. versus ..... Respondent Through: Mr. C.P. Tyagi, Advocate DINESH CHAND CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % ORDER1201.2017 CM APPL. 1342/2017 (exemption) Subject to the appellant filing the certified/typed/legible copies of the documents annexed with the appeal within four weeks, the application is allowed and disposed of. CM APPL. 1344/2017 (for condonation of delay of 43 days in re-filing the appeal) 1. For the reasons stated in the application, the same is allowed. The delay of 43 days in re-filing the accompanying appeal is condoned.2. The application is disposed of. CM APPL. 1343/2017 (for condonation of delay of 8 days in filing the appeal) 1. Counsel for the appellant states that as per the orders passed in the other connected cases, the appellant has...


Jan 12 2017

Travel Shoppe vs.consolidated Plastofab Ltd

Court: Delhi

Decided on: Jan-12-2017

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI1 RFA2982012 TRAVEL SHOPPE ..... Appellant Through : Mr. Samrat Nigam with Mr. Abhimanyu Walia, Advocates versus CONSOLIDATED PLASTOFAB LTD ..... Respondent Through : Mr. R.V. Kapur, Sr. Advocate with Mr. Vaibhav Gaggar and Ms. Sumeodha Dang, Advocates CORAM: HON'BLE MS. JUSTICE HIMA KOHLI % Counsel for the appellant states that in view of the fact that the parties ORDER1201.2017 have arrived at a settlement, as recorded in RFA No.290/2012, that is listed at Item No.4 in todays cause list, the appellant does not wish to press the present appeal any further. The appeal is accordingly disposed of.2. File be consigned to the record room. JANUARY12 2017 sk HIMA KOHLI, J...


Jan 12 2017

Le Passage to India Tour & Travels (P) Ltd. Vs.the Deputy Commissioner ...

Court: Delhi

Decided on: Jan-12-2017

$~1 & 2 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 12.01.2017 + + ITA3682016 LE PASSAGE TO INDIA TOUR & TRAVELS (P) LTD.... Appellant Through: Mr. Ajay Vohra, Senior Adv. with Mr. Neeraj Jain and Mr. Aniket D. Agrawal, Advs. versus THE DEPUTY COMMISSIONER OF INCOME TAX.... Respondent and Mr. Through: Mr. Ashok Manchanda Raghvendra Singhj, Advs. ITA3692016 LE PASSAGE TO INDIA TOUR & TRAVELS (P) LTD.... Appellant Through: Mr. Ajay Vohra, Senior Adv. with Mr. Neeraj Jain and Mr. Aniket D. Agrawal, Advs. versus THE DEPUTY COMMISSIONER OF INCOME TAX.... Respondent and Mr. Through: Mr. Ashok Manchanda Raghvendra Singhj, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI S. RAVINDRA BHAT (Oral) The questions of law that arose for consideration in these 1. appeals were framed on 27.07.2016. The facts of the case pertain to Assessment Year (A.Y.) 2009-10 and A.Y. 2010-11. The Transfer ITAs 368 & 369 of 2016 Page 1 of 4 the AMP determination method, Pr...


Jan 12 2017

Rishi Prakash @ Munna Pehlwan vs.virender Singh

Court: Delhi

Decided on: Jan-12-2017

$~A-1 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:12. 1.2017 RC.REV. 421/2016 RISHI PRAKASH @ MUNNA PEHLWAN ........ Petitioner Through Mr.Gaurav Duggal and Mr.Pranav, Advocates versus VIRENDER SINGH ..... Respondent Through CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. By the present Revision Petition the petitioner seeks to impugn the order dated 2.4.2016 by which an eviction order has been passed against the petitioner under section 14(1)(e) read with section 25B of the DRC (Delhi Rent Control Act).2. The respondent/landlord filed an Eviction Petition against the petitioner for property No.B-1528, Shastri Nagar, Delhi. The premises comprises of one shop. It was averred in the Eviction Petition that late Shri Pribhu Singh the grandfather of the respondent was the owner of the ancestral property B-1528, Shastri Nagar, Delhi. After his death, Shri Nahar Singh father of the respondent and his sister Smt.Vidya Saini became co- owners of the property. ...


Jan 12 2017

Anoop Kumar Joshi vs.the State of Delhi

Court: Delhi

Decided on: Jan-12-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. No.157/2005 ANOOP KUMAR JOSHI Date of Decision :12. h January, 2017 ..... APPELLANT Through Mr.Apurb Lal, Adv. with Mr.Meenu Pandey, Adv. Versus THE STATE OF DELHI ..... RESPONDENT Through Mr.Panna Lal Sharma, APP for the State. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J read with Section 13(1)(d) of Aggrieved by the judgment of conviction dated 20th January, 1. 2005 convicting the appellant finding him guilty under Sections 7 & 13 (2) the Prevention of Corruption Act, 1988 (hereinafter referred to as PC Act, 1988 for brevity) and order on sentence dated 27th January, 2005 vide which the sentence was passed to undergo rigorous imprisonment for a period of one year each for his conviction under Sections 7 & 13(1)(d) of the PC Act, 1988 and also to pay fine of Rs.5,000/- on each count and in case of default of payment of fine, to undergo rigorous imprisonment for a period of three months, the present appeal has been filed. The fa...


Jan 12 2017

Viney Verma vs.jitender Singh & Ors.

Court: Delhi

Decided on: Jan-12-2017

$~R-201 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:12. h January, 2017 + MAC.APP. 451/2008 VINEY VERMA ..... Appellant Through: Mr. Navneet Goyal and Ms. Sneha Savant, Advocates Versus JITENDER SINGH & ORS. .....Respondents Through: Mr. Sudhanshu Tomar, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT Impugned Award grants compensation of `1,39,300/- with interest to appellant who had sustained permanent disability of 13% in the left lower limb and functional disability of 7% in a road accident on 7th May, 1991. The facts are already noticed in the opening paragraphs of the impugned Award and so, needs no reproduction. Suffice to note that at the time of this accident, appellant was aged 35 years and was earning `1,200/- per month as a small time businessman. On the basis of evidence led, the compensation has been granted by the learned Motor Accident MAC.APP.451/2008 Page 1 of 3 Claims Tribunal under the following heads:-"1. On accou...


Jan 12 2017

Thoughtworks Inc vs.super Software Pvt Ltd. & Anr

Court: Delhi

Decided on: Jan-12-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: December 15, 2016. Decision on : January 12, 2017. O.M.P. 530/2015 THOUGHTWORKS INC ........ Petitioner Through: Mr. Pravin Anand, Mr. Shrawan Chopra and Mr. Pundreek Dwivedi, Advocates. versus SUPER SOFTWARE PVT LTD. & ANR. Through: None for Respondent No.1. Ms. Karnika Seth, Advocate for NIXI/Respondent No.2. ..... Respondent CORAM: JUSTICE S. MURALIDHAR % 1. This petition under Section 34 of the Arbitration and Conciliation Act, JUDGMENT1201.2017 1996 (Act) has been filed by ThoughtWorks Inc. a company organised and existing under the laws of Delaware, United States of America challenging an Award dated 12th July, 2015 passed by the sole Arbitrator, National Internet Exchange of India (NIXI), in the disputes between the... Petitioner and the Respondent, Super Software Pvt. Ltd.2. The... Petitioner is stated to be engaged in the business of IT consulting, software development services and sale of proprietary software under i...


Jan 12 2017

Daljeet Singh & Ors. Vs.state of Delhi & Anr.

Court: Delhi

Decided on: Jan-12-2017

$~14 * + IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON : JANUARY12 2017 CRL.M.C. 4868/2016 DALJEET SINGH & ORS. ........ Petitioners Through Mr. K.K.Jha, Advocate VERSUS STATE OF DELHI & ANR. ........ RESPONDENTS Through Mr. Kamal K.Ghei, APP Mr. Kuljeet Rawal, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) Crl.M.A.20185/2016 For the reasons mentioned in the application, delay in re-filing the petition is condoned. Application is allowed and disposed of. Crl.M.C.4868/2016 & Crl.M.A.20183/2016 1. Present petition under section 482 Cr. PC has been preferred by the petitioner challenging the legality and correctness of an order dated 27.05.2016 of learned Metropolitan Magistrate whereby application under Crl.M.C.4868/2016 Page 1 of 2 Section 311 Cr. PC to recall CW1 Mr. Manmohan Singh Bagga was dismissed.2. I have heard learned counsel for the parties and have examined the file. Admittedly, the petitioner is facing proceeding under Section 138 of Negotiable I...


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