Delhi Court November 2017 Judgments
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ebiz.com pvt.ltd & Ors. Vs.central Excise, Customs and Service Tax App ...
Court: Delhi
Decided on: Nov-24-2017
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8210/2017 & CM APPL. 33748/2017 (Stay) Date of decision:24. h November, 2017 EBIZ.COM PVT.LTD & ORS. ........ Petitioners Through : Mr. J.K. Mittal, Mr.Rajvir Singh, Mr.Nikhil Kumar, Advocates. versus CENTRAL EXCISE, CUSTOMS AND SERVICE TAX APPELLATE TRIBUNAL, DELHI ( CESTAT & ANR.) ........ RESPONDENTS Through : Mr. Kirtiman Singh, CGSC with Mr.Waize Ali Noor, Mr.Prateek Dhanda, Mr.Momin Khan, Advocates for R1 with Mr.Mohinder Singh, Deputy Registrar, CESTAT. Mr. Satish Aggarwala, Mr.Vineet Sharma, Advocates for R2. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH SANJIV KHANNA, J.(ORAL) The grievance of the petitioners is that the appeal filed by them before the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) was not being registered and listed for hearing. The court, while issuing notice in the present writ petition on 15th September, 2017, had sought response from the CESTAT on the foll...
Dr. B. P. Sinha vs.union of India & Anr.
Court: Delhi
Decided on: Nov-24-2017
* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: November 24, 2017 W.P.(C) 10406/2017 & CMs 42513-14/2017 DR. B. P. SINHA Through: Mr. D.K. Devesh, Advocate ........ Petitioner versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Chiranjeev Kumar and Mr. Mukesh Sachdeva, Advocate for respondent No.1-UOI CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL)... Petitioner aged about 78 years claims to be in the last stage of Prostate Cancer and is said to have incurred medical expenses to the tune of `4,98,374/- and had sought its reimbursement. As per Annexure P-6 (colly.), petitioners claim for reimbursement of medical expenses has been returned in original to petitioner to provide two clarifications as contained at item Nos.6 & 7 thereof. Alongwith Annexure P-6 (colly.), there is a calculation sheet in respect of petitioners treatment expenses, which, according to respondents, indicates that the medical claim payable to petitioner is `2,23,727/-.2. Learned counsel for ...
Council of the Institute of Chartered Accountant of India vs.ashok Kum ...
Court: Delhi
Decided on: Nov-24-2017
$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CHAT.A.REF72014 Reserved on:24. h October, 2017 Date of decision:24. h November, 2017 COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANT OF INDIA ........ Petitioner Through: Mr. Rakesh Agarwal & Mr. Pulkit Agarwal, Advocates. versus ASHOK KUMAR & ANR. ........ RESPONDENTS Through: Ms. Reena Jain Malhotra, Advocate. CORAM: JUSTICE SANJIV KHANNA JUSTICE PRATHIBA M. SINGH JUDGMENT Prathiba M. Singh, J.: The Institute of Chartered Accountants of India (ICAI) has filed this reference under Section 21(5) of the Chartered Accountants Act, 1949 (hereinafter `the Act). The reference seeks passing of necessary orders under Section 21(6) of the Act pursuant to the recommendations of the ICAI Council in its 325th meeting held from 1st to 3rd June, 2013. Factual background:2. The genesis of the recommendations of the ICAI Council is the letter dated 10th June, 1999 received by the ICAI from the Securities and Exchange Board of India (SEBI) pointing out ...
Smt Omwati Koak & Ors vs.charan Pal Singh Koak
Court: Delhi
Decided on: Nov-24-2017
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:13. h November, 2017 Pronounced on:24. h November, 2017 + CS(OS) 80/2016 and IA No.2369/2016 SMT OMWATI KOAK & ORS Through : Mr.Shiv Charan Garg, Advocate. ..... Plaintiffs CHARAN PAL SINGH KOAK versus ..... Defendant Through : None being ex parte. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. The plaintiffs have filed this suit for partition, possession, declaration and permanent injunction claiming to be the owners of property in question bearing Khasra No.49/20, 1 Bigha 1 Biswas (1-1) & Khasra No.19/1, (0-10) (0-10), Khasra No.359 (2-2) (1-1), Killa No.3 (3-13) (2-1), property approximately 2600 square yards situated at the village Bijwasan, Tehsil Vasant Vihar, New Delhi (hereafter referred as the suit property) more specifically shown in the site plan Annexure-A. It is submitted out of the total land of 2 bighas and 12 biswas the plaintiffs are owners of half of the property.2. The case of the plaintiff is a...
Simrita vs.national Insurance Company Ltd. & Ors.
Court: Delhi
Decided on: Nov-24-2017
$~R-564 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL8452012 Decided on:24. h November, 2017 SIMRITA ..... Appellant Through: Mr. Navneet Goyal, Advocate versus NATIONAL INSURANCE COMPANY LTD. & ORS. Through: Mr. Manoj Ranjan Sinha, Mr. ........ RESPONDENTS Amit Wahi and Ms. Mani Shandilya, Advocates for R-1 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The injuries suffered by the appellant, then aged 16 years, in a motor vehicular accident that occurred on 22.08.2008 included loss of left ear lobule. The Motor Accident Claims Tribunal (Tribunal), by its judgment dated 07.03.2012, decided her accident claim case (MACT5111/08) and awarded total compensation in the sum of Rs.2,43,717/- directing the first respondent (insurer) to pay the same, it concededly having issued an insurance policy covering third party risk in respect of the offending vehicle for the period in question.2. The said compensation has been computed under various heads including pain and suffering ...
M/S Reliable Agro Foods & Ors. Vs.m/s Al-Nafees Frozen Food Exports Pv ...
Court: Delhi
Decided on: Nov-24-2017
$~22 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:24. h November, 2017 FAO(OS)(COMM)202/2017 M/S RELIABLE AGRO FOODS & ORS. ..... Appellants Through Mr. Arvind Nayar, Senior Advocates with Mr. Aruj Dhingra and Mr. Ashish Anshuman, Advocates M/S AL-NAFEES FROZEN FOOD EXPORTS PVT. LTD versus ...... Respondent Through Mr. Sunil Dalal, Mr. Vivek and Ms. Mansi Agarwal, Advocates CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE A.K. CHAWLA G.S.SISTANI, J.(ORAL) CM.APPL426412017 1.2. Exemption allowed, subject to all just exceptions. The application stands disposed of. FAO(OS)(COMM)202/2017 3. This is an appeal filed under Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 read with Section 37 of the Arbitration & Conciliation Act, 1996 (in short Arbitration Act) against the order of the learned Single Judge dated 22.08.2017 by which a petition under FAO(OS)(COMM) No.202/2017 Page 1 of 14 Section 3...
Ravinder Ahluwalia vs.m.l. Sharma
Court: Delhi
Decided on: Nov-24-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.981/2017 + % RAVINDER AHLUWALIA24h November, 2017 M.L. SHARMA ..... Appellant Through: Mr. Naresh K. Daksh, Advocate. ..... Respondent versus CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.42741/2017 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. C.M. No.42742/2017 (for condonation of delay) 2. For the reasons stated in the application, delay of 129 days in filing the appeal is condoned. C.M. stands disposed of. RFA No.981/2017 and C.M. No.42743/2017 (stay) 3. This Regular First Appeal is filed under Section 96 of Code of Civil Procedure, 1908 (CPC) impugning the judgment of the RFA No.981/2017 Page 1 of 6 Trial Court dated 24.3.2017 by which the trial court has dismissed the leave to defend application filed by the appellant/defendant and decreed the suit for a sum of Rs.12 lacs along with interest at 9% per annum simple. The suit...
Edara Gopi Chand vs.union of India & Anr.
Court: Delhi
Decided on: Nov-24-2017
W.P.(C)No.5203/2013 & CM No.11685/2013 $~2 *IN THE HIGH COURT OF DELHI AT NEW DELHI + % EDARA GOPI CHAND ........ Petitioner Date of decision :24. h November, 2017 Through : Mr. Gaurav Kumar Bansal, Adv. versus UNION OF INDIA & ANR. ........ RESPONDENTS Through : Ms. Abha Malhotra, Adv. for R-1 & 2. Mr. Tejveer Singh Bhatia and Mr. Kapil Midha, Advs. for Intervenor (in CM No.11685/2013). CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This writ petition, claiming to be in public interest, has been filed seeking the following prayers : (i) To strike down the communication/order dated 23-6- 1995 issued by the respondent 2 (giving rise to the practice of re-certification of A & U/A films into U) and quash the resolution of CBFC passed in its 131st (Extraordinary) Board Meeting held on 24-7-2012 (to continue with the practice of W.P.(C)No.5203/2013 Page 1 of 17 conversion of A films into UA for the purpose of the...
R P S Yadav Sub Inspector (Fire) vs.union of India and Ors
Court: Delhi
Decided on: Nov-24-2017
$~33. * IN THE HIGH COURT OF DELHI AT NEW DELHI ........ Petitioner Through: Mr. O.P. Agarwal, Advocate. R P S YADAV SUB INSPECTOR (FIRE) + W.P.(C) 10434/2017, CM APPL. Nos. 42630-631/2017 UNION OF INDIA AND ORS Through: Mrs. Bharathi Raju, CGSC. versus ........ RESPONDENTS CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE VINOD GOEL % ORDER2411.2017 1. This is the second petition filed by the petitioner praying for the same relief. Prior hereto, the petitioner filed W.P.(C) No.3303/2017, for the same relief, as has been prayed for in this petition. On 18.4.2017, the said petition was permitted to be withdrawn with liberty granted to the petitioner to file a fresh petition incorporating specific details with regard to the principle/criteria on which seniority had to be fixed. We find that though the present petition is running into 74 paras, with Grounds from (A) to (O), nowhere has the rule position been clarified. In fact, the averments made in the petition are long winded, a...
Mahinder Singh vs.union of India & Ors
Court: Delhi
Decided on: Nov-24-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 127/2017 Reserved on:20th September, 2017 Date of decision :24. h November, 2017 MAHINDER SINGH .....Petitioner Through Mr.Rakesh Kumar Dudeja and Mr.Anshul Grover, Advs. Versus UNION OF INDIA & ORS ........ RESPONDENTS Through Mr.Vijay Kumar Pandey and Mr.Imran Alam, Advs. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.The petitioner, in the above petition, challenges before us the order dated 29.01.1998 passed by the Divisional Security Commissioner, Railway Protection Force (hereinafter referred as RPF in short), New Delhi removing him from the service with immediate effect. The petitioner further challenges the order dated 20.07.1998 passed by the Deputy CSC, RPF, Northern Railway, New Delhi dismissing his appeal against the above order. WP(C) 127/2017 Page 1 2. Before we deal with the merits of the case, it is essential for us to give a brief background as to how this case has come befor...
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