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Delhi Court October 2017 Judgments

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Oct 31 2017

Gail India Ltd. & Ors. Vs.m/s Prerna Enterprises & Anr.

Court: Delhi

Decided on: Oct-31-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.424/2017 + % GAIL INDIA LTD. & ORS. 31st October, 2017 ..... Appellants Through: Mr. Sacchin Puri, Sr. Advocate with Mr. Vikrant Panchanda and Ms. Mehak, Advocates. versus M/s PRERNA ENTERPRISES & ANR. ........ RESPONDENTS Through: Mr. Aman Bhalla, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.39161/2017 (for exemption) 1. Exemption allowed, subject to all just exceptions. The application stands disposed of. C.M. Appl. No.39160/2017 (for delay) 2. Considering that there are issues of huge monetary liability upon the appellant, and delay is not of over one year, and is only of 228 days, therefore, applying the ratio of the judgment of the FAO No.424/2017 Page 1 of 6 Supreme Court in the case of N. Balakrishnan Vs. M. Krishnamurthy AIR1998SC3222delay of 228 days in filing the appeal is condoned but subject to payment of costs of Rs.10,000/- to counsel for...


Oct 31 2017

Food Corporation of India vs.raghubir Chand Gupta

Court: Delhi

Decided on: Oct-31-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : October 31st, 2017 RFA172007 FOOD CORPORATION OF INDIA ..... Appellant Through Mr.Deepak Dewan, Adv. with Mr.Samarjeet Singh, Junior Engineer (Civil) of FCI. versus RAGHUBIR CHAND GUPTA ..... Respondent Through None. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.JUDGMENT The present appeal has been filed by the appellant against 1. the judgment and decree dated 29.09.2006 passed by the learned Additional District Judge, Delhi whereby the suit filed by the plaintiff/appellant for damages/compensation Rs.2,53,378.26/- against the defendant/respondent was dismissed. recovery for of 2. The facts enumerating from the plaint filed before the Court below are that the plaintiff/appellant is a statutory organization established under Food Corporation of India Act, 1964 and the appellant Corporation floated a Tender Enquiry for construction of RFA17/2007 Page 1of 9 2500 M.Ts. Capacity Godown at UNA, H.P. The defendant/ respond...


Oct 31 2017

Devender Kumar and Ors. Vs.govt of Nct of Delhi and Ors.

Court: Delhi

Decided on: Oct-31-2017

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:31. t October, 2017 + W.P.(C) 10983/2016 DEVENDER KUMAR AND ORS. ........ Petitioners Through: Mr.Vishal Maan, Advocate versus GOVT OF NCT OF DELHI AND ORS. ........ RESPONDENTS Through: Mr.Siddarth Panda, Standing Counsel for LAC/L&B. Mr.Pawan Mathur, Standing Counsel for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. Counter affidavit has not been filed. Counter affidavit has been handed over in Court by counsel appearing for LAC. Copy has been supplied to counsel for the petitioner.2. With the consent of the parties, the writ petition is taken up for final hearing and disposal.3. The petitioner seeks a declaration to the extent that the proceedings in respect of land measuring 25 bighas and 2 biswas comprised in Khasra Nos.234 (4-16), 235 (4-16), 236(4-16), 272 (4-16), 290 (4-4) and 29(1-14) situated in the Revenue Estate of village Kotla Mahi Giran, New Delhi ...


Oct 31 2017

Council for Scientific & Industrial Research vs.archana Sharma

Court: Delhi

Decided on: Oct-31-2017

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6919/2017 & C.M. No.28761/2017 (stay) COUNCIL FOR SCIENTIFIC & INDUSTRIAL RESEARCH Through: Mr. Jayesh K. Unni Krishna, Ms. Akanksha Goyal and Mr. Praveen Swaroop, Advocates. ........ Petitioner versus ARCHANA SHARMA ..... Respondent Through: Mr. V.P. Sharma, brother of the respondent. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % ORDER3110.2017 1. Mr. V.P. Sharma, brother of the respondent is present pursuant to the order dated 25.9.2017 and states that he has not received a complete set of the paper book. Another copy has been furnished to Mr. Sharma.2. We have enquired from learned counsel for the petitioner as to the next date of hearing in the O.A. filed by the respondent before the Central Administrative Tribunal. Learned counsel states that the next date of hearing is 07.12.2017. He submits that pleadings in the application filed by the petitioner for seeking vacation of the interim order dated 13...


Oct 31 2017

Vikas Chand & Anr vs.gaffor Alam

Court: Delhi

Decided on: Oct-31-2017

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t October, 2017 + MAC.APP. 2/2015 VIKAS CHAND & ANR ..... Appellants Through: Mr. Hem Kumar with Mr.Rajiv Kumar, Advs. versus GAFFOR ALAM ..... Respondent Through: Mr. Naushad Alam, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On Accident Claim case (Petition No.104/2011) instituted on 15.04.2011 by the respondent (claimant), the Tribunal, by judgment dated 01.10.2014, returned a finding that the claimant had suffered injuries in motor vehicular accident that had occurred on 22.01.2011 when he was hit by scooter bearing Registration No.DL6 D2621(the scooter) driven in a negligent manner by the first appellant. Since the scooter is registered in the name of the second appellant, both the appellants were held jointly and severally liable to pay the compensation, though no proof of any insurance adduced, the amount of compensation having been determined in the total sum of Rs.4,67,400/- calculated as under: MAC....


Oct 31 2017

M/S Ess Distribution (Mauritius) s.n.c.et Compagnie vs.assistant Commi ...

Court: Delhi

Decided on: Oct-31-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 11968/2016 M/S ESS DISTRIBUTION (MAURITIUS) S.N.C.ET COMPAGNIE Reserved on: October 10, 2017 Date of decision: October 31, 2017 ........ Petitioner Through: Mr. Porus Kaka, Senior Advocate with Mr. Prakash Kumar, Mr. Manish Kanth, Mrs. Rashmi Singh, Mr. Divesh Chawla, Advocates. versus ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1(2)(2) INTERNATIONAL TAXATION, NEW DELHI ..... Respondent Through: Mr. Rahul Chaudhary, Senior standing counsel with Mr. Sanjay Kumar, Advocate. + With W.P.(C) 11971/2016 M/S ESS ADVERTISING (MAURITIUS) S.N.C.ET COMPAGNIE (EARLIER KNOWN AS M/S ESPAN STAR SPORTS MAURITIUS S.N.C.ET COMPAGNIE) ........ Petitioner Through: Mr. Porus Kaka, Senior Advocate with Mr. Prakash Kumar, Mr. Manish Kanth, Mrs. Rashmi Singh, Mr. Divesh Chawla, Advocates. versus ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(2)(2) INTERNATIONAL TAXATION, NEW DELHI Through: Mr. Rahul Chaudhary, Senior ..... Respondent WP (C) 11968/2016...


Oct 31 2017

Rahul Mehra vs.union of India and Ors.

Court: Delhi

Decided on: Oct-31-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on 31st October, 2017 WP (C) No.195/2010 RAHUL MEHRA ........ Petitioner Through: Mr. Rahul Mehra, petitioner in person. Versus UNION OF INDIA AND ORS. .....Respondents Through: Mr. Anil Soni, CGSC with Sh. Naginder Benipal, Adv. Sh. Anil Grover with Ms. Mishal Vij, Advs. for SAI. Sh. Hrishikesh with Sh. Hemant, Adv. for respondent No.4 Mr. P.V. Kapur, Sr. Adv. with Sh. Premtosh Mishra, Ms. Yojna Goyal, Ms. Saloni Aggarwal, Ms. Divyya Kapur, Ms. Pratibha Sridhar, Sh. Sidhant Kapur, Sh. V.K. Nagrath and Sh. Jitender Panchal, Advs. for AIFF. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J CM46919 2016 & CM198152012 1. On 15.12.2016, this Court had stayed the election process of the All India Football Federation (AIFF), of which the applicant seeks vacation and/or modification. The order reads as under: CM No.5982/2012 in WP(C) 195/2010 ( Disposed off application) WP(C) 195 of 2010 Page 1 of...


Oct 31 2017

Amit Kumar Mit vs.ministry of Urban Development & Ors.

Court: Delhi

Decided on: Oct-31-2017

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % DECIDED ON:31. 10.2017 + W.P. (C) 3929/2013, CM APPL.7330 & 16805/2013 AMIT KUMAR MIT ........ Petitioner Through: Mr. Anupam Anand, Advocate. Versus MINISTRY OF URBAN DEVELOPMENT & ORS. ........ RESPONDENTS Through: Mr. Ruchir Mishra with Mr. Abhishek Rana, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA S.RAVINDRA BHAT, J.(ORAL) 1. The petitioner seeks directions for proper implementation of Section 43 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995 (pre-existing Act). Section 43 reads as follows: - 43. Schemes for preferential allotment of land for certain purposes. The appropriate Governments and local authorities shall by notification frame schemes in favour of persons with disabilities, land at concessional rates of - (a) house; (b) setting up business; (c) setting up of special recreation centres; (d) establishment of specia...


Oct 31 2017

Manju Jain vs.government of Nct Delhi & Anr

Court: Delhi

Decided on: Oct-31-2017

$~1& 38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9479/2017 MANJU JAIN ........ Petitioner Through: Shri Venkatesh and Mr Varun Singh, Advocates. versus GOVERNMENT OF NCT DELHI & ANR Through: Mr Satyakam, ASC, GNCTD. ........ RESPONDENTS + W.P.(C) 9546/2017 AND NEELAM JAIN ........ Petitioner Through: Shri Venkatesh and Mr Varun Singh, Advocates. versus GOVERNMENT OF NCT DELHI & ANR Through: Mr Satyakam, ASC, GNCTD. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER3110.2017 JUSTICE VIBHU BAKHRU, J CM No.38559/2017 in W.P.(C) 9479/2017 CM No.38840/2017 in W.P.(C) 9546/2017 1.2. Allowed, subject to all just exceptions. The application are disposed of. W.P.(C) 9479/2017 &W.P.(C) 9546/2017 W.P. (C) 9479/2017 & W.P. (C) 9546/2017 Page 1 of 8 3. The petitioners have filed these petitions challenging the communication dated 04.08.2017 (hereafter 'the impugned letter') passed by respondent no.2 pursuant to their respective applications for refund of stamp duty.4. T...


Oct 31 2017

Sanjay Rode vs.amit & Ors.

Court: Delhi

Decided on: Oct-31-2017

$~R-382 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t October, 2017 + MAC APPEAL7662011 SANJAY RODE ..... Appellant AMIT & ORS. Through: None versus Through: Mr. Pankaj Gupta for Ms. ........ RESPONDENTS Suman Bagga, Adv. for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was the claimant before the Motor Accident Claims Tribunal (Tribunal) in proceedings arising out of the claim case (suit no.1417/2008) instituted by him on 21.05.2008 which was decided by judgment dated 19.05.2011. The tribunal accepted his case that he had suffered injuries in a motor vehicular accident that had occurred on 14.05.2008 due to the negligent driving by the first respondent (driver) of the car bearing registration no.UP-14-AT-0672 which is admittedly registered in the name of the second respondent (owner) and was insured against third party risk for the period in question with the third respondent (insurer). The tribunal found on the basis of the evidence that the ...


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