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Delhi Court October 2017 Judgments

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Oct 24 2017 (HC)

Kewal Kishan vs.nathu Ram

Court: Delhi

$~14. * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI RC.REV. 451/2017 & CM No.36117/2017 (for stay). KEWAL KISHAN ........ Petitioner Through: Mr. Satish Kumar and Mr. Rajiv Sachar, Advs. versus Through: None. NATHU RAM CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER2410.2017 ..... Respondent This Rent control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 20th July, 2017 in ARC.No.25743/2016 of the Court of Additional Rent Controller (West), Tis Hazari]. of dismissal of the application filed by the petitioner for leave to defend the petition for eviction under Section 14(1)(e) of the Act filed by the respondent and the consequent order of eviction of the petitioner from shop on ground floor of property No.C-146, Tagore Garden Extension, New Delhi.2. The counsel for the petitioner / tenant was heard on 9th October, 2017, when hearing was adjourned to enable the counsel to file certain document. Though the document claimed to be...

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Oct 24 2017 (HC)

Ghulam Rasool Khan vs.state (Nct of Delhi)

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 1130/2017 & Crl.M.(Bail) 1568/2017 Order reserved on :1. t September, 2017 18th September, 2017 Order pronounced on :24. h October, 2017 GHULAM RASOOL KHAN ..Petitioner Through: Mr. Kirti Uppal, Senior Advocate with Mr. Sitab Ali Chaudhary, Mr. Sidharth Chopra, Mr. Paramvir Sethi, Mr. Parvez Malik and Mr. Mohit Bhandari, Advocates. Singh Versus STATE (NCT OF DELHI) ..Respondent Through: Ms. Anita Abraham, APP for State, Inspector Kusum Dangi with SI Karan Singh Crime Branch. Mr.Manoj Taneja, Advocate for complainant. the CORAM: HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL1 By way of the present petition, filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), the petitioner seeks grant of regular bail in FIR No.14/2017 under Sections 385/387/419/420/506/467/468/471/376 & 120B of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 14 of the Foreigners Act, 1946 ...

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Oct 24 2017 (HC)

Taurant Projects Ltd vs.bakshi the Driller

Court: Delhi

$~38. * + IN THE HIGH COURT OF DELHI AT NEW DELHI C.R.P. 229/2017 & CM No.37853/2017 (for stay). TAURANT PROJECTS LTD Through: Mr. Raman Gandhi, Adv. ........ Petitioner versus Through: None BAKSHI THE DRILLER CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER2410.2017 ..... Respondent CM No.37854/2017 (for exemption).1. 2. Allowed, subject to just exceptions. The application stands disposed of. C.R.P. 229/2017 & CM No.37853/2017 (for stay).3. This Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) impugns the order (dated 19th August, 2017 in CivDJ/610064/2016 of the Court of Additional District Judge-05 (West), Tis Hazari Courts, Delhi) of dismissal of the application of the petitioner / defendant under Order VII Rule 11 of the CPC.4. The suit, plaint wherein was sought to be rejected, was filed by the respondent / plaintiff against the petitioner / defendant and against Shri Dinesh Lalwani, Managing Director of the petitioner / defendant (who has not b...

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Oct 24 2017 (HC)

Principal Commissioner of Income Tax – 7 vs.m/s Paramount Biotech In ...

Court: Delhi

$~22 & 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + + ITA8872017 ITA8882017 Judgment delivered on:24. 10.2017 PRINCIPAL COMMISSIONER OF INCOME TAX 7 .... Appellant versus M/S PARAMOUNT BIOTECH INDUSTRIES LTD. ..... Respondent Mr. Sanjay Kumar with Mr. Rahul Chaudhary, Advocates : : None. 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) CM No.37922/2017 (exemption) in ITA8882017 ITA8872017 & ITA8882017 Exemption is allowed subject to all just exceptions.1. The Revenue impugns order of the ITAT dated 10.03.2017 for Assessment Years 1999 2000 and 2000 2001.2. The Revenue urges that the Tribunal fell into error in following the decision in Additional Commissioner of Income Tax vs. Hotel Blue Moon: (2010) 321 ITR362SC). It is argued that the requirements of issuing notice under Section 143(2) cannot apply universally. Hotel Blue Moon ITA8872017 & ...

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Oct 24 2017 (HC)

The New India Assurance Co. Ltd. Vs.pappu Kumar Yadav & Ors.

Court: Delhi

$~R-355 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL5462011 Decided on:24. h October, 2017 THE NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. Priyadarsi Acharya, versus Advocate PAPPU KUMAR YADAV & ORS. ........ RESPONDENTS Mr. S.N. Parashar, Adv. for R- 1 Through: CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (suit no.1043A/2010) instituted on 08.08.2007 by the first respondent (claimant), the Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 15.03.2011, returned a finding that the claimant had suffered injuries in a motor vehicular accident that had occurred on the night intervening 4th and 5th April, 2006 due to the negligent driving of a truck bearing registration no.HR-45-8779 which was admittedly insured against third party risk with the appellant / insurance company (insurer) for the period in question. The driver and owner of the truck had already been impleaded as party respondents in the sai...

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Oct 24 2017 (HC)

Devender Singh vs.upsrtc & Ors.

Court: Delhi

$~R-351 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:24. h October, 2017 + MAC APPEAL No.520/2011 DEVENDER SINGH ..... Appellant Through: None. versus UPSRTC & ORS. ........ RESPONDENTS Through: Mr. Shadab Khan for Ms. Garima Prashad, Adv. for R-1. Mr. Pankaj Seth, Adv. for R-4. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant, then aged 28 years, a graduate, engaged as a conductor on contract basis, suffered injuries in a motor vehicular accident that occurred on 25.11.2005 due to negligent driving of private bus bearing registration No.UP14 6883, (hereinafter referred to as the private bus), as also negligence on the part of the driver of another bus bearing registration UP81N9446of Uttar Pradesh State Road Transport Corporation (UPSRTC) (hereinafter referred to as the bus of the UPSRTC). He instituted accident claim case (MACT2112010) on 18.01.2006 impleading the drivers, owners and insurers respectively of both the buses as party respondents. On the bas...

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Oct 24 2017 (HC)

Hameedullah Mohd Akbar vs.state (Nct of Delhi)

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 667/2017 Order reserved on :1. t September, 2017 Order pronounced on :24. h October, 2017 HAMEEDULLAH MOHD AKBAR ..Petitioner Through: Mr. K. K. Manan, Senior Advocate with Mr. Ankush Narang, Mr. Jain Sharma, Mr. Manveen Dhanjal and Ms. Shivani Kant, Advocates. Versus STATE (NCT OF DELHI) ..Respondent 1. Through: Mr. Mukesh Kumar APP for the State, Inspector Kusum Dangi with SI Karan Singh, Crime Branch. Mr. Manoj Taneja, advocate for the complainant CORAM: HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL By way of the present petition, filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), the petitioner seeks grant of regular bail in FIR No.14/2017 under Sections 385/387/419/420/506/467/468/471/506/376/ & 120B of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Section 14 of the Foreigners Act, 1946 and Sections 66D/66E of the Information Technology Act, 2000, regist...

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Oct 24 2017 (HC)

Vijay Laxmi Gupta vs.suresh Kumar Puri and Ors.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.336/2005 % VIJAY LAXMI GUPTA24h October, 2017 ..... Appellant Through: Ms. Geeta Luthra, Sr. Advocate with Ms. Shivani Luthra Lohiya, Ms. Parul Sharma, Mr. Anshul Duggal and Mr. Prateek Yadav, Advocates. versus SURESH KUMAR PURI AND ORS. ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA 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/daughter/sister impugning the judgment of the trial court dated 19.11.2005 by which the trial court has dismissed the suit for possession and injunction filed by her with respect to a portion of the property bearing No.8646 and 8651 Gau Shala Marg, Double Phatak Road, Bagh Rao Ji Ward-16, Delhi-6. The property as a whole is hereinafter referred to as the subject property. RFA No.336/2005 Page 1 of 15 2. As per the plaint appellant/plaintiff pleaded that the entir...

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Oct 24 2017 (HC)

Jyoti & Ors. Vs.oriental India Insurance Co. Ltd. & Ors.

Court: Delhi

$~R-354 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:24. h October, 2017 + MAC APPEAL5332011 and CM199502015 JYOTI & ORS. Through: versus None ..... Appellants ORIENTAL INDIA INSURANCE CO. LTD. & ORS. Mr. Sreenath S., Adv. for R-1 ........ RESPONDENTS Through: CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Ram Baran @ Ram Sharan, found by the Motor Accident Claims Tribunal (Tribunal) to be aged 51 years on the relevant date, died due to the injuries suffered in a motor vehicular accident that took place on 19.05.2008 due to the negligent driving of a chartered bus bearing registration no.DL-1PA-1929, admittedly insured against third party risk with the first respondent (insurer) for the period in question.2. The appellants being members of the family dependent upon the deceased Ram Baran @ Ram Sharan (collectively, the claimants) instituted accident claim case (suit no.393/2010/2008) on 02.06.2008 seeking compensation impleading the said insurer besides the driver and ...

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Oct 24 2017 (HC)

Puran Chand vs.dharminder Singh & Ors.

Court: Delhi

$~7 & 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:24. h October, 2017 + MAC APPEAL No.188/2007 PURAN CHAND (through LRs) ..... Appellant Through: Mr. O.P. Maninee, Adv. for versus DHARMINDER SINGH & ORS. ........ RESPONDENTS Through: Mr. Pankaj Seth, Adv. for R-2. + MAC APPEAL No.240/2007 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Adv. for versus PURAN CHAND & ANR. (through LRs) ........ RESPONDENTS Through: Mr. O.P. Mainee, Adv. for R-1. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Both these appeals arise out of judgment dated 19.12.2006 of the motor accident claims tribunal in accident claim case (petition No.492/2006) which was instituted by Puran Chand (appellant in MAC Appeal No.188/2007) on 10.04.2006 impleading, besides one Dharminder Singh, New India Assurance Company Ltd. (appellant in MAC Appeal No.188 & 240 of 2007 Page 1 of 3 MAC Appeal No.240/2007) seeking compensation under Section 163A of Motor Vehicles Act, 1988 on acco...

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