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Delhi Court October 2017 Judgments

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Oct 26 2017

Manju Sipayya vs.director of Education and Ors

Court: Delhi

Decided on: Oct-26-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h October, 2017 + W.P.(C) No.7129/2012 MANJU SIPAYYA ........ Petitioner Through: Mr. M. Dutta and Mr. I.C. Kumar, Advocates DIRECTOR OF EDUCATION AND ORS ........ RESPONDENTS versus Through: Ms. Jyoti Janeja, Advocate for DOE/Respondent No.1 Mr. Sachin Chauhan, Advocate for... RESPONDENTS No.2 & 3 + W.P.(C) No.1692/2013 with CM APPL. No.15706/2013 MANJU SIPAYYA ........ Petitioner Through: Mr. M. Dutta and Mr. I.C. Kumar, Advocates DIRECTOR OF EDUCATION AND ORS ........ RESPONDENTS versus Through: Mr. Anuj Aggarwal, ASC for GNCTD with Ms. Niti Jain, Advocate for DOE/ Respondent No.1 Mr. Sachin Chauhan, Advocate for... RESPONDENTS No.2 & 3 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % (ORAL) JUDGMENT1 In the above captioned first petition, petitioner who was appointed as an Assistant Teacher on 9th December, 1977, seeks implementation of W.P.(C) Nos. 7129/2012 & 1692/2013 Page 1 of 4 Assured Career Progression Scheme (hereinafter...


Oct 26 2017

Pr. Commissioner of Income Tax (Central)-2 vs.m/s Frontline Business S ...

Court: Delhi

Decided on: Oct-26-2017

$~2. * IN THE HIGH COURT OF DELHI AT NEW DELHI + % WRIT PETITION (CIVIL) No.3030/2017 Date of decision:26. h October, 2017 PR. COMMISSIONER OF INCOME TAX (CENTRAL)-2 ........ Petitioner Through Mr. Asheesh Jain, Sr. Standing Counsel. versus M/S FRONTLINE BUSINESS SOLUTIONS PVT. LTD. & ORS. ........ RESPONDENTS Through Mr. Saurabh Prakash & Mr. Kunal Gosain, Advocates for respondent Nos. 1 and 3 to 6. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH SANJIV KHANNA, J.(ORAL): This writ petition impugns the order dated 17th March, 2016 passed by the Income Tax Settlement Commission (ITSC, for short) on the miscellaneous application filed by the Principal CIT (Central - 2), New Delhi, seeking rectification of the rectification order dated 31st December 2015. W.P. (C) No.3030/2017 Page 1 of 4 2. The impugned order dismisses the said miscellaneous application recording that the Principal Bench, ITSC had taken a conscious decision while passing the rectification o...


Oct 26 2017

Up State Road Transport Corporation vs.anju Sharma & Ors.

Court: Delhi

Decided on: Oct-26-2017

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:26. h October, 2017 + MAC APPEAL No.964/2013 UP STATE ROAD TRANSPORT CORPORATION ..... Appellant Through: Ms. Garima Prashad, Adv. versus ANJU SHARMA & ORS. ........ RESPONDENTS Through: Ms. Mariya Mumtaz, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) Harish Kumar Sharma, aged 45 years, working in a private 1. entity to earn his livelihood, was riding on the pillion of motorcycle bearing registration No.DL8 AC9965(the motorcycle) at about 6.30 p.m. on 03.03.2011, the motorcycle having come down on the loop of the flyover bringing the traffic from across Yamuna to the ring road on the side of Inter State Bus Terminus (ISBT) at Kashmere Gate, Delhi. It is stated that the motorcycle was hit, from behind, by bus bearing registration No.UP15AT0449(the bus) of Uttar Pradesh State Road Transport Corporation (UPSRTC), its driver at the relevant point of time being Brij Pal (the driver). As a result of the collision, Harish K...


Oct 26 2017

Subramanian Swamy & Anr vs.delhi Police & Ors

Court: Delhi

Decided on: Oct-26-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~5 * + W.P.(CRL) 1938/2017 & Crl. MAs 11712/2017, 11713/2017, 12919/2017 and 14169/2017 SUBRAMANIAN SWAMY & ANR Through:... Petitioners in person Mr.Varun Jamwal with Ms.Parul Jamwal, Advocates. ........ Petitioners versus DELHI POLICE & ORS ........ RESPONDENTS Through: Mr.Sanjay Jain, ASG with Mr.Vinod Diwakar, CGSC with Ms. Adrija Thakur and Mr.Sanjay Pal, Advocates for R-1 & R-2. Mr.Nihil Goel with Mr.Ashutosh Ghade, Advocates for CBI. Mr.Vikas Pahwa, Senior Advocate with Ms.Kinnor Ghosh and Mr.Karan Khanuja, Advocates for Intervenor. CORAM: JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA % ORDER2610.2017 Dr. S. Muralidhar, J:1. This petition under Article 226 of the Constitution of India, described as a Public Interest Litigation (PIL) has been filed by Dr. Subramanian Swamy (Petitioner No.1) and Mr. Ishkaran Singh Bhandari (Petitioner No.2) praying W.P. (Crl.) 1938 of 2017 Page 1 of 12 for the following reliefs: A) Issue an appropriate Writ, Orde...


Oct 26 2017

k.r. Anand vs.government of Nct of Delhi & Ors.

Court: Delhi

Decided on: Oct-26-2017

$~ * + K.R. ANAND IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 4904/2015 Through: Mr.Rajesh Mahana, Advocate ........ Petitioner ........ RESPONDENTS Through: Mr. Satyakam, ASC for GNCTD versus GOVERNMENT OF NCT OF DELHI & ORS. CORAM: JUSTICE S. MURALIDHAR JUSTICE CHANDER SHEKHAR % ORDER2610.2017 The present petition has been disposed of by a common judgement passed today in W.P.(C) 6093/2017 and batch. Consequently, the notices for default assessment of tax and interest under Section 32 of the Delhi Value Added Tax Act, 2004 (DVAT Act) and default assessment of penalty under Section 33 of the DVAT Act, dated 28th March 2015, are set aside. A copy of the said judgment is placed below. OCTOBER26 2017 Rm S. MURALIDHAR, J.CHANDER SHEKHAR, J.$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:8. h September, 2017 Date of decision:26. h October, 2017 + ON QUEST MERCHANDISING INDIA PVT. LTD. ........ Petitioner W.P.(C) 6093/2017 & CM No.25293/2017 Through: Mr.Rajesh Mahana, Advocate ...


Oct 26 2017

M/S Monish Uppal & Associates vs.regional Director, North Region & Ors

Court: Delhi

Decided on: Oct-26-2017

$~10 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 11225/2016 M/S MONISH UPPAL & ASSOCIATES ........ Petitioner Through Mr Sudhir Nandrajog, Senior Advocate with Mr Bhagwant Singh, Mr Mansimran Singh, Ms Vishakha Ahuja, Advocates. versus REGIONAL DIRECTOR, NORTH REGION & ORS ........ RESPONDENTS Through Mrs Bharati Raju, CGSC for Respondent No.1/UOI. Mr Amit Singh, Advocate for Respondent No.1. Mr A.S.Chandiok, Senior Advocate with Mr V.S. Dubey, Mr Dipender Chauhan, Ms ramya Kutty, Advocate for Respondent No.2. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU ORDER2610.2017 % VIBHU BAKHRU, J CM439282016 Allowed, subject to all just exceptions. The application is disposed of.1. 2. W.P.(C) 11225/2016 & CM48742017 (delay) 3. The petitioner a Chartered Accountant by profession has filed the present petition, inter alia, impugning an order dated 19.10.2016 passed by the Regional Director, Northern Region, Ministry of Corporate Affairs (hereafter the RD), whereby he has allowed the responden...


Oct 26 2017

Rohit vs.union of India and Ors.

Court: Delhi

Decided on: Oct-26-2017

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9390/2017 & C.M. Nos. 38278-79/2017 1. ROHIT Through: Mr. Bhairav Dass and Mr. Yogesh Dass, Advocates. ........ Petitioner versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr. Amit Mahajan, Advocate for R-1. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % The petitioner is aggrieved by the decision of the respondent ORDER2610.2017 No.2/Director (AFTI) Head Quarters, Integrated Defence Staff Ministry of Defence and Commandant, National Defence Academy rejecting his request for reinstatement in the NDA.2. Briefly stated, the relevant facts of the case are that on 20.6.2015, UPSC had issued an advertisement for conducting tests for admission in all the wings of NDA for the 136th Course that was to commence from 02.7.2016.3. The petitioner had applied for registration in the NDA examination,2015 and upon qualifying the same on 25.6.2016, he was allotted Academy No.37669, G- Squadron, 2nd Battalion....


Oct 26 2017

Brijesh Kumar Pandey & Anr. Vs.alka Aggarwal & Ors.

Court: Delhi

Decided on: Oct-26-2017

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:26. h October, 2017 + MAC APPEAL No.158/2012 BRIJESH KUMAR PANDEY & ANR. ..... Appellants Through: Mr. Rajeev K. Garg, Mr. Rajeev Kapoor, Mr. Govind Singh & Mr. Harsh Nagar, Advs. versus ALKA AGGARWAL & ORS. ........ RESPONDENTS Through: Mr. Shoumik Mazumdar, Adv. for R-5. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 18.10.2007, a motor vehicular accident took place involving truck bearing registration No.HR38H0517(the truck) in the area of Morna Chowk, Noida, Uttar Pradesh. The second appellant admittedly is the registered owner of the truck and the said vehicle was admittedly driven by the first appellant engaged by the former on the relevant date and time. The accident resulted in death of Anil Aggarwal, giving rise to cause of action to seek compensation under Sections 166 and 140 of Motor Vehicles Act, 1988 in favour of his wife and other members of the family dependent on him, they including the first to four...


Oct 26 2017

Rajiv Kumar vs.state Bank of Patiala & Others

Court: Delhi

Decided on: Oct-26-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Delivered On:26. 10.2017 W.P.(C) 4222/2015 RAJIV KUMAR ........ Petitioner Through: Mr. Vivek Chib, Advocate with Ms. Ruchira Goel, Mr. Asif Ahmed, Ms. Pracheta Kar, Ms. Gayatri Jamwal and Mr. Vikramaditya, Advocates versus STATE BANK OF PATIALA & OTHERS ........ RESPONDENTS Through: Mr. Sanjiv Kakra, Advocate with Ms. Nistha Gupta, Advocate for R-1 Ms. Pratiti Rungta, Advocate for R-2 Ms. Ruchi Sindhwani, Advocate for R-3 CORAM: HONBLE MR JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA SIDDHARTH MRIDUL, J (ORAL) 1. The present appeal assails the order dated 09.02.2015, rendered by the Debt Recovery Appellate Tribunal (hereinafter referred to as DRAT) in Misc. Appeal No.387/2014 along with the order dated 11.12.2014, passed by the DRAT in I.A. No.905/2014. The Misc. Appeal No.387/2014 in turn arose out of an order dated 26.09.2014, rendered by the Debt Recovery Tribunal (hereinafter referred to as the DRT) in O.A. No.48/2003, w...


Oct 26 2017

Arise India Limited vs.commissioner of Trade & Taxes, Delhi and Ors.

Court: Delhi

Decided on: Oct-26-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * + ARISE INDIA LIMITED W.P.(C) 2106/2015 ........ Petitioner Through: Mr. Ruchir Bhatia, Mr. Gaurav Khetrapal, Advocates. versus ........ RESPONDENTS Through: Mr. Satyakam, ASC for GNCTD COMMISSIONER OF TRADE & TAXES, DELHI AND ORS. CORAM: JUSTICE S. MURALIDHAR JUSTICE CHANDER SHEKHAR % ORDER2610.2017 The present petition has been disposed of by a common judgement passed today in W.P.(C) 6093/2017 and batch. Consequently, the notices for default assessment of tax and interest under Section 32 of the Delhi Value Added Tax Act, 2004 (DVAT Act) and default assessment of penalty under Section 33 of the DVAT Act, dated 2nd February 2015, are set aside. A copy of the said judgment is placed below. OCTOBER26 2017 Rm S. MURALIDHAR, J.CHANDER SHEKHAR, J.$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:8. h September, 2017 Date of decision:26. h October, 2017 + ON QUEST MERCHANDISING INDIA PVT. LTD. ........ Petitioner W.P.(C) 6093/2017 & CM No...


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