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Delhi Court October 2017 Judgments

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Oct 25 2017 (HC)

Naresh Kumar Kapur vs.union of India and Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 2765/2014 NARESH KUMAR KAPUR Date of decision: October 25, 2017 ........ Petitioner Through: Not present. versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr. Rajat Arora, Adv. for R3. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) 1. The present petition has been filed by the petitioner with the following prayers: Wherefore it is prayed that this Honble Court may be pleased to issue: (a) a writ or an order in the nature of Mandamus directing the Respondent Bank to make payment of Dearness Allowance to the petitioner on quarterly basis along with interest on delayed payment of Dearness Allowance being made to the petitioner on half yearly basis rather on quarterly basis in the light of Serial No.2 of Appendix II of Regulation 37 of Syndicate Bank Employees Pension Regulations, 1995 as amended up to date and on the basis of which Respondent Bank allowed pension benefi...

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Oct 25 2017 (HC)

Dinesh Kumar Jain vs.sanjeev Chaudhary

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.882/2017 & CM No.37360/2017 + % DINESH KUMAR JAIN25h October, 2017 ..... Appellant Through: Mr. J.P.Singh with Mr. Jagat Singh, Ms. Ananya Singh & Ms. Bhawna Gupta, Advs. Versus SANJEEV CHAUDHARY CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit for specific performance impugning the judgment of the Trial Court dated 6.6.2017 by which the Trial Court has dismissed the suit for specific performance by holding that appellant/plaintiff failed to prove his financial capacity to pay the balance sale consideration of Rs.10 lacs under the agreement to sell dated 17.1.2005. RFA No.882/2017 Page 1 of 6 2. The facts of the case are that the appellant/plaintiff filed the subject suit for specific performance pleading that the parties had entered into...

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Oct 25 2017 (HC)

National Insurance Co Ltd vs.keshav Mehto & Ors

Court: Delhi

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h October, 2017 + MAC.APP. 975/2016 and CM434912016 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Manu Shahalia, Advocate versus KESHAV MEHTO & ORS ........ RESPONDENTS Through: Mr. Praveen Walia, proxy Counsel for R-1 & 2 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Pradeep Mehto, a bachelor, aged about 26 years, suffered injuries in a motor vehicular accident that occurred on 19.01.2014 due to the negligent driving of a car bearing registration no.DL-9CP-2689 admittedly insured against third party risk with the appellant / insurance company (insurer) for the period in question. His parents, first and second respondents (collectively, the claimants), filed accident claim case (old suit no.280/2014 new MACT suit no.476647/16) on 25.03.2014.2. The Motor Accident Claims Tribunal (Tribunal) after inquiry held the driver of the car (third respondent) responsible for the accident and thus found him and the reg...

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Oct 25 2017 (HC)

Karambir Singh (Since Deceased) Thr Lrs & Ors. Vs.govt. Of Nct of Delh ...

Court: Delhi

$~38 & 39 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 10.2017 LPA422017 & C.M. 1953/2017 SATBIR SINGH ..... Appellant Through: Mr. S.S. Panwar, Adv. GHANSHYAM DASS & ORS. versus ........ RESPONDENTS Through: Mr. Rajesh Yadav, Ms. Ruchira Arora and Mr. Dhananjay Mehlawat, Advs. for R-1 to 6 Ms. Urvi Mohan, Adv. for Mr. Sanjay Ghose, ASC for GNCTD + LPA1402017 & CAV1842017, C.M. 7674/2017, 7676/2017 KARAMBIR SINGH (SINCE DECEASED) THR LRS & ORS. ..... Appellants Through: Ms. Minati Murari, Adv. GOVT. OF NCT OF DELHI & ORS. versus ........ RESPONDENTS Through: Mr. Rajesh Yadav, Ms. Ruchira Arora and Mr. Dhananjay Mehlawat, Advs. for R-4 to 9 Mr. S.S. Panwar, Adv. for R-10 LPA422017 &140/2017 Page 1 of 6 CORAM:-"HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE SANJEEV SACHDEVA S. RAVINDRA BHAT, J.(OPEN COURT) 1. The appellant challenges the order dated 07.11.2016 passed by learned Single Judge. The learned Single Judge dismissed the writ petition. In the ...

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Oct 25 2017 (HC)

Vinod Rana vs.sanjay Kumar Saraf

Court: Delhi

$~4. * + IN THE HIGH COURT OF DELHI AT NEW DELHI C.R.P. 203/2016 & CM No.46268/2016 (for stay). VINOD RANA ........ Petitioner Through: Mr. Rahul Gupta and Mr. Shekhar Gupta, Advs. versus ..... Respondent Through: None. SANJAY KUMAR SARAF CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER2510.2017 1. This Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order (dated 24th October, 2016 in CS DJ ADJ1558916 of the Court of Additional District Judge-04, (South-West) District, Dwarka Courts, New Delhi) granting unconditional leave to the respondent/defendant to defend the suit under Order XXXVII of the CPC filed by the petitioner / plaintiff.2. The petition was entertained and notice thereof ordered to be issued and the proceedings before the Trial Court stayed.3. On the last date of hearing i.e. 25th July, 2017, the report of service of notice ordered to be issued to the respondent / defendant was awaited; the counsel for the petitioner / plaint...

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Oct 25 2017 (HC)

Samvardhana Motherson International Ltd. (Formerly Known As(m/S Samvar ...

Court: Delhi

$~8 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:25. h October 2017 W.P.(C) 480/2016 SAMVARDHANA MOTHERSON INTERNATIONAL LTD ........ Petitioner Through: Dr. Rakesh Gupta, Mr. Ashwani Taneja, Mr. Somil Agarwal, Mr. Rohit Kumar Gupta and Mr. Lakashya Goyal, Advocates. versus ASSISTANT COMMISSIONER OF INCOME TAX & ANR. Through: Mr. Ashok Manchanda and Mr. Raghvendra Singh, Advocates. ........ RESPONDENTS AND W.P.(C) 526/2016 8 + 9 + SAMVARDHANA MOTHERSON INTERNATIONAL LTD. (FORMERLY KNOWN AS(M/S SAMVARDHANA MOTHERSON FINANCE LTD.)AUTHORISED SIGNATORY, SHRI MANOJ MAHESHWARI, ........ Petitioner Through: Dr. Rakesh Gupta, Mr. Ashwani Taneja, Mr. Somil Agarwal, Mr. Rohit Kumar Gupta and Mr. Lakashya Goyal, Advocates. versus ASSITANT COMMISSIONER OF INCOME TAX, CIRCLE221) & ANR. ........ RESPONDENTS W.P.(C) 480/2016 & W.P.(C) 526/2016 Page 1 of 15 Through: Mr. Ashok Manchanda and Mr. Raghvendra Singh, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE P...

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Oct 25 2017 (HC)

New India Assurance Co. Ltd. Vs.sunita Parcha & Ors.

Court: Delhi

$~R-365 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h October, 2017 + MAC APPEAL No.596/2011 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. Priyadarsi Acharya, Adv. versus SUNITA PARCHA & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 08.04.2006, Arun Kumar while driving two wheeler scooter bearing registration No.DL3SW7856 met with an accident due to collision with another vehicle described as Tata 407 bearing registration No.HR55 3694 and died in the consequence. Accident claim case (suit No.299/2006) instituted by his wife and three other members of the family dependent on him, they being first to fourth respondents (collectively, the claimants), resulted in judgment dated 29.03.2011, holding the fifth respondent, the driver of Tata 407 negligent in driving, this being the cause for fatal accident.2. The tribunal awarded compensation in the total sum of Rs. 8,49,934/- and fastened the liability on the appel...

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Oct 25 2017 (HC)

Jatinder Singh vs.m/s Bhaiji Attarwale Perfumers(p) Ltd

Court: Delhi

$~O-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CS(COMM) 99/2016 Date of decision:25. 10.2017 ..... Plaintiff JATINDER SINGH Through Mr.D.K. Yadav, Adv. versus M/S BHAIJI ATTARWALE PERFUMERS(P) LTD ..... Defendant Through None. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) I.A. No.7648/2017 1. This application is filed under Order 6 Rule 17 CPC & Order 1 Rule 10 read with Section 151 CPC seeking amendment of the plaint.2. None has appeared for the defendant despite service. Defendant is proceeded against ex-parte.3. The plaintiff has filed the present suit seeking relief of passing off action for violation of action of the defendants trademark BHAI JI ATTARWALE.4. In the meantime, during pendency of the suit, the application filed by the plaintiff for registration of the trademark BHAI JI ATTARWALE was allowed and the trademark was registered. Hence, this additional fact is sought to be brought on record. Relief is also sought regarding infringement of the plaintiffs...

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Oct 25 2017 (HC)

M/S Avalon Business Associates vs.pr. Commissioner of Income Tax-14 & ...

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:25. 10.2017 $~ * + M/S AVALON BUSINESS ASSOCIATES ITA8922017 & CM No.38022/2017 ..... Appellant Through: Mr. N.P. Sahni with Mr. Ruchesh Sinha, Advs. PR. COMMISSIONER OF INCOME TAX-14 & ANR. versus ........ RESPONDENTS Through: Mr. Ashok K. Manchanda, Sr. Standing Counsel for ITD. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA ORDER2510.2017 Issue notice. % 1.2. Mr. Ashok K. Manchanda, learned counsel for the ITD accepts notice.3. The assessee is aggrieved by the invocation of power by the Commissioner under Section 263 of the Income Tax Act, 1961 (hereafter referred to as the Act). ITA No.892/2017 Page 1 4. The AO, for the relevant year i.e. 2011-12 had upheld the assessees contention with regard to applicability of Section 10B to its unit. Section 263 was invoked primarily on the ground that the approval did not conform to the CBDTs circular dated 09.03.2009 (F.No.178/19/2008).5. In this regar...

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Oct 25 2017 (HC)

Satbir Singh vs.ghanshyam Dass & Ors.

Court: Delhi

$~38 & 39 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:25. 10.2017 LPA422017 & C.M. 1953/2017 SATBIR SINGH ..... Appellant Through: Mr. S.S. Panwar, Adv. GHANSHYAM DASS & ORS. versus ........ RESPONDENTS Through: Mr. Rajesh Yadav, Ms. Ruchira Arora and Mr. Dhananjay Mehlawat, Advs. for R-1 to 6 Ms. Urvi Mohan, Adv. for Mr. Sanjay Ghose, ASC for GNCTD + LPA1402017 & CAV1842017, C.M. 7674/2017, 7676/2017 KARAMBIR SINGH (SINCE DECEASED) THR LRS & ORS. ..... Appellants Through: Ms. Minati Murari, Adv. GOVT. OF NCT OF DELHI & ORS. versus ........ RESPONDENTS Through: Mr. Rajesh Yadav, Ms. Ruchira Arora and Mr. Dhananjay Mehlawat, Advs. for R-4 to 9 Mr. S.S. Panwar, Adv. for R-10 LPA422017 &140/2017 Page 1 of 6 CORAM:-"HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE SANJEEV SACHDEVA S. RAVINDRA BHAT, J.(OPEN COURT) 1. The appellant challenges the order dated 07.11.2016 passed by learned Single Judge. The learned Single Judge dismissed the writ petition. In the ...

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