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Delhi Court October 2017 Judgments

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Oct 26 2017 (HC)

Collector of Stamps/Sdm vs.raman Kumar

Court: Delhi

$~6 * % + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:26. h October, 2017 CM(M) 69/2016 & CM No.2405/2016 (for stay) COLLECTOR OF STAMPS/SDM ........ Petitioner Through: Ms. Palak Rohmetra, Adv. for Mr. Sanjay Dewan, Adv. Versus RAMAN KUMAR ..... Respondent Through: Mr. V.S. Rana, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW On 12th October, 2017, the following order was passed: the 1. This petition under Article 227 of Constitution of India impugns the judgment (dated 4th July, 2015 in MCA No.of the Court of Additional District Judge-01 (West), Tis Hazari Courts, Delhi) allowing the appeal preferred by the respondent under Section 47A of the Indian Stamp Act, 1899 as amended for the State of Delhi. The petition was entertained and notice thereof 2. ordered to be issued.3. The counsels have been heard. The position which emerges from hearing 4. counsels, is as under:-"(i) that on 29th December, 2006, an Agreement to Sell with respect to property No.GC-11, Second C...

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Oct 26 2017 (HC)

On Quest Merchandising India Pvt. Ltd. Vs.government of Nct of Delhi & ...

Court: Delhi

$~ * 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 versus GOVERNMENT OF NCT OF DELHI & ORS. ........ RESPONDENTS Through: Mr.AnujAggarwal, ASC for GNCTD with Ms. Deboshree Mukherjee, Advocate. + SUVASINI CHARITABLE TRUST W.P.(C) 4086/2013 & CM No.9620/2013 ........ Petitioner Through: Mr. Puneet Agrawal, Mr. Deepak Anand and Mr. Abhishek Boob, Advocates Through: Mr. Satyakam, ASC for GNCTD ........ RESPONDENTS ........ Petitioner Through: Mr. Ruchir Bhatia, Mr. Gaurav Khetrapal, Advocates. versus GOVERNMENT OF NCT OF DELHI & ANR. + ARISE INDIA LIMITED W.P.(C) 2106/2015 versus COMMISSIONER OF TRADE & TAXES, DELHI AND ORS. + VINAYAK TREXIM W.P.(C) 2383/2015 ........ RESPONDENTS Through: Mr. Satyakam, ASC for GNCTD Through: Mr.Rajesh Mahana, Advocate ........ Petitioner W.P.(C) 6093/2017 & conn...

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Oct 26 2017 (HC)

Vinayak Trexim vs.government of Nct of Delhi Through Secy. (Finance) & ...

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * + VINAYAK TREXIM W.P.(C) 2383/2015 Through: Mr.Rajesh Mahana, Advocate ........ Petitioner versus Through: Mr. Satyakam, ASC for GNCTD ........ RESPONDENTS GOVERNMENT OF NCT OF DELHI THROUGH SECY. (FINANCE) & ORS. CORAM: JUSTICE S. MURALIDHAR JUSTICE CHANDER SHEKHAR % ORDER2610.2017 The present petition has been disposed of by a common judgement passed today in W.P.(C) 6093/2017 and batch. Consequently, the notices for default assessment of tax and interest under Section 32 of the Delhi Value Added Tax Act, 2004 (DVAT Act) and default assessment of penalty under Section 33 of the DVAT Act, dated 9th December 2014, are set aside. A copy of the said judgment is placed below. OCTOBER26 2017 Rm S. MURALIDHAR, J.CHANDER SHEKHAR, J.$~ * 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 Throug...

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Oct 26 2017 (HC)

Vishwa Ganga Btc Collage vs.national Council for Teacher Education & A ...

Court: Delhi

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:26. 10.2017 LPA6452017 VISHWA GANGA BTC COLLAGE ..... Appellant versus % + NATIONAL COUNCIL FOR TEACHER EDUCATION & ..... Respondent ANOTHER : Mr Sanjay Sharawat Advocates who appeared in this case: For the Appellant For the Respondent CORAM:-"HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE SANJEEV SACHDEVA S. RAVINDRA BHAT, J.(OPEN COURT) Mr Kishan Nautiyal : CM No.35897/2017(exemption) Allowed, subject to all just exceptions. LPA6452017 1. The appellants complaint is that the Single Judge has not redressed the grievance with respect to non-compliance with the Statute by the respondent No.1 National Council for Teacher Education (hereinafter referred to as the NCTE) and respondent No.2 Northern Regional Committee (hereinafter referred to as the LPA6452017 Page 1 of 8 Committee) of the respondent No.1 - the NCTE, as regards the condition prescribed by Section 14(3)(b) and 14(4) of the National Council of Tea...

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Oct 26 2017 (HC)

Reliance General Insurance Co. Ltd. Vs.ashok Kumar & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.329/2015 and C.M. No.22799/2015 (stay) + % RELIANCE GENERAL INSURANCE CO. LTD. ..... Appellant 26th October, 2017 Mr. A.K. Soni, Advocate. Through: versus ASHOK KUMAR & ANR. ........ RESPONDENTS Through: Mr. R.K. Nain, Advocate for respondent No.1. Mr. S.N. Parashar, Advocate with Ms. Pankaj Kumari, Advocate for respondent No.2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal under Section 30 of the Employees Compensation Act, 1923 (hereinafter referred to as the Act) is filed by the insurance company impugning the judgment of the Employees Compensation Commissioner dated 15.6.2015 by which the Employees Compensation Commissioner has allowed the claim petition which was filed by the claimant/respondent no.1 herein and FAO No.329/2015 Page 1 of 36 has granted compensation of Rs.5,16,672/- along with interest at 12% per annum from the date of the accident till...

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Oct 26 2017 (HC)

Govindas Global Exports Pvt. Ltd. Vs.pinki Saini & Ors

Court: Delhi

$~R-366 & 367 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:26. h October, 2017 + MAC APPEAL5972011 & CM6392015 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. Priyadarshi Acharya, Advocate versus PINKI SAINI & ORS. Through: ........ RESPONDENTS Ms. Sunita Harish and Mr. Girish Kandpal, Advocates for R-1 to 5 + MAC APPEAL7942011 & CM164292011 GOVINDAS GLOBAL EXPORTS PVT. LTD. ..... Appellant None Through: versus PINKI SAINI & ORS Through: ........ RESPONDENTS Ms. Sunita Harish and Mr. Girish Kandpal, Advocates CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 14.06.2005, a motor vehicular accident took place in which Surinder Kumar Saini died. His wife and other members of the family dependent on him (collectively, the claimants) instituted accident claim case (suit no.384/2009) before the Motor Accident Claims MAC Appeal No.597/2011 & 794/2011 Page 1 of 5 Tribunal (Tribunal) on 21.12.2005, on the basis of averments that the accident had been caused due to the...

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Oct 26 2017 (HC)

Suraj Munni & Anr. Vs.sachin Bhatia & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.115/2016 + % SURAJ MUNNI & ANR. 26th October, 2017 ..... Appellants Mr. Anshuman Bal, Advocate. Through: versus SACHIN BHATIA & ANR. ........ RESPONDENTS Through: Mr. Pankaj Gupta, Advocate for CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA respondent No.2. To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal under Section 30 of the Employees Compensation Act, 1923 (hereinafter referred to as the Act) is filed by the claimants impugning the judgment of the Employees Compensation Commissioner dated 18.12.2015 whereby the claim petition filed by the appellants under Section 22 of the Act was dismissed and wherein compensation was prayed on account of the death of the son of the claimants one Sh. Vipin Kumar. FAO No.115/2016 Page 1 of 6 2. The facts of the case are that the deceased was pleaded to have been employed as a driver at wages Rs.7,000/- per month with the respondent no.1 on the vehicle of the responde...

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Oct 26 2017 (HC)

Columbia Sportswear Company vs.galaxy Footwear Pvt Ltd

Court: Delhi

$~2 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:26. h October, 2017 FAO(OS) (COMM) 110/2017 & C.M.18772/2017 COLUMBIA SPORTSWEAR COMPANY ..... Appellant GALAXY FOOTWEAR PVT LTD Through versus Mr. Sanjeev Sindhwani, Sr. Adv. with Mr.Himanshu Deora, Ms.Gunjan Paharia, Mr.Nazeeb Nawab, Advs. ..... Respondent CORAM: Through Mr. S.K. Bansal, Mr. Ajay Amitabh Suman and Mr. Pankaj Kumar, Advs. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. The present appeal is directed against the order dated 28.04.2017 by which the Interlocutory Application filed by the plaintiff (appellant herein) bearing I.A. No.16583/2014 has been dismissed and application bearing I.A. No.22361/2014 filed by defendant (respondent herein) under Order XXXIX Rule 4 of the Code of Civil Procedure, 1908, has been allowed and interim order granted on 01.09.2014 has been vacated.2. Notice was issued in this appeal. Pleadings are complete. After some hearing in the ...

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Oct 26 2017 (HC)

Aparici Ceramica vs.commissioner of Trade & Taxes, Delhi and Ors.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 10708/2015 $~ * + APARICI CERAMICA COMMISSIONER OF TRADE & TAXES, DELHI AND ORS. CORAM: JUSTICE S. MURALIDHAR JUSTICE CHANDER SHEKHAR ........ Petitioner Through: Mr. Ruchir Bhatia, Mr. Gaurav versus Khetrapal, Advocates ........ RESPONDENTS Through: Mr. Satyakam, ASC for GNCTD % ORDER2610.2017 The present petition has been disposed of by a common judgement passed today in W.P.(C) 6093/2017 and batch. Consequently, the notices for default assessment of tax and interest under Section 32 of the Delhi Value Added Tax Act, 2004 (DVAT Act) and default assessment of penalty under Section 33 of the DVAT Act, dated 8th September 2015, are set aside. A copy of the said judgment is placed below. OCTOBER26 2017 Rm S. MURALIDHAR, J.CHANDER SHEKHAR, J.$~ * 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.2...

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Oct 26 2017 (HC)

Ashwini Kumar Verma vs.a.k. Tandon & Ors

Court: Delhi

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :26. h OCTOBER, 2017 + IA166902014 (u/O VI R17CPC) in CS(OS) 1743/2008 ASHWINI KUMAR VERMA Through : Mr.Brij Mohan Gupta, Sr.Advocate with Ms.Anjana Prabhakar & Mr.Harsh Prabhakar, Advocates. ..... Plaintiff versus Through : Mr.Manav Gupta, Advocate with Ms.Esha Dutta & Mr.Sahil Garg, Advocates. A.K. TANDON & ORS CORAM: HON'BLE MR. JUSTICE S.P.GARG ..... Defendants S.P.GARG, J.(Oral) 1. The plaintiff seeks amendment of plaint to incorporate the relief of adequate compensation and in the alternative, return of `5 lacs paid as earnest money along with interest in case Specific Performance is not granted in terms of Section 22 of the Specific Relief Act, 1963. The application is contested by the defendants.2. I have heard the learned counsel for the parties and have examined the file. The plaintiff has filed the instant suit for specific performance of an oral agreement to sell pleading that the agreed sale consideration was `35 la...

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