Delhi Court November 2017 Judgments
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Shanti Devi & Ors vs.union of India
Court: Delhi
Decided on: Nov-30-2017
$~26 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:30. h November, 2017 + W.P.(C) 10039/2016 SHANTI DEVI & ORS ........ Petitioners Through: Mr.L.B.Rai and Mr.Vijay Awana, UNION OF INDIA versus Advocates ..... Respondent Through: Mr.Sanjay Kumar Pathak, Mrs.K.Kaomudi Kiran Pathak, Mr.Sunil Kumar Jha and Mr.Kushal Raj Tater, Advocates CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V.KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. Challenge in this writ petition is to the order passed by the Land Acquisition Collector dated 12.09.2012 by which a reference made by the husband of the petitioner no.1 under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act), has been rejected as being barred by time.2. Learned counsel for the petitioners submits that the husband of the petitioner no.1 was the Bhumidar of the land measuring 125 sq. mtrs out of 8 biswas i.e. 400 sq. mtrs comprised in Khasra No.452 of village Mundka, Delhi, which was notified unde...
Commissioner of Income Tax vs.m/s International Tractor Ltd.
Court: Delhi
Decided on: Nov-30-2017
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:30. 11.2017 + ITA4972004 COMMISSIONER OF INCOME TAX ..... Appellant Through: Mr. Ashok K. Manchanda & Mr. Raghvendra Singh, Advs. versus M/S INTERNATIONAL TRACTOR LTD. ..... Respondent Through: Mr. Ashish Gupta & Mr. Aniket D. Agrawal, Advs. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA S. RAVINDRA BHAT, J.(ORAL) 1. The following two questions of law were framed on 18.05.2006: (i) Whether the Tribunal was correct in holding that for purposes of deduction U/s 80 (1A) of the Income Tax Act, 1961, the assessee should be a small scale undertaking on the last day of the previous initial/first assessment year and that the said requirement need not be subsequent assessments?. satisfied relevant year the to in the (ii) Whether the impugned order dated 1.3.2004 could be validly made having regard to the fact that one ITA No.497/2004 Page 1 of the members of the Tribunal who was a party to the said o...
Saurabh Jain and Ors vs.east Delhi Municipal Corporation and Ors.
Court: Delhi
Decided on: Nov-30-2017
$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on 30th November, 2017 + W.P.(C) 8621/2017 SAURABH JAIN AND ORS ........ Petitioners Through Mr. Mobin Akhtar and Mr. Noor versus Alam, Advs. EAST DELHI MUNICIPAL CORPORATION AND ORS. ........ RESPONDENTS Through Ms. Manisha Agrawal Narain, ASC for EDMC/R-1. Mr. Arun Batta, Adv. for R-2 to R-5. CORAM: HON'BLE MR. JUSTICE A. K. CHAWLA JUDGMENT A. K. CHAWLA, J.(ORAL) The instant petition has come to be filed seeking issuance of Writ(s) in the nature of Certiorari and Mandamus, pertaining to the No Objection Certificate issued by the respondent-East Delhi Municipal Corporation for the erection of a lift in the service lane, to cater to 4 (four) of the residential blocks in the society called Dhruva Co- operative Group Housing Society, which, in all, houses 52 blocks. Prayers made in the petition are, as follows: (a) Quash the NOC dated 10.3.2017 issued by the respondent no.1 in favour of the respondent no.2 & 4 as illegal,...
National Insurance Company Ltd. Vs.prashant Kumar Sharma & Ors.
Court: Delhi
Decided on: Nov-30-2017
$~44 (R-563) IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h November, 2017 + MAC. APPEAL No.835/2012 and CM No.43223/2017 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Pankaj Seth, Advocate versus PRASHANT KUMAR SHARMA & ORS. ..Respondents CORAM: HON'BLE MR. JUSTICE R.K.GAUBA Through: Ms. Suman Bagga, Adv.for R-1 JUDGMENT (ORAL) 1. The first respondent (claimant) was the petitioner before the tribunal, in accident claim case (MACT No.942/10/07) instituted on 05.10.2007, which was decided by the tribunal, by judgment dated 26.04.2012, returning a finding that he had sustained injuries and consequently suffered permanent disablement, on account of motor vehicular accident that had occurred on 10.11.2006, due to rash driving of Maruti car bearing registration No.DL-1CF-1366, which was admittedly insured against third party risk for the period in question with the appellant (insurer). The tribunal concluded that the claimant had suffered functional disability to th...
National Insurance Co Ltd vs.pamela Rooks and Ors
Court: Delhi
Decided on: Nov-30-2017
$~R-605 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h November, 2017 + MAC. APPEAL No.1194/2012 & CM90212014 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate. versus PAMELA ROOKS AND ORS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA Through: Mr. Navneet Goyal, Advocate for respondent No.1. ..Respondents JUDGMENT (ORAL) 1. The accident claim case (Suit No.711/10) was originally filed by Pamela Rooks (the deceased first respondent) seeking compensation for injuries suffered by her in a motor vehicular accident that occurred on 25.11.2005, proved during the inquiry before the Motor Accident Claims Tribunal to have been caused due to negligent driving of Alto car bearing registration No.DL-3CM-8934, which was admittedly insured against third party risk for the period in question with the appellant (insurer). Interestingly, the vehicle in which the claimant was travelling, it being Land Cruiser bearing registration No.HR-26M-3591 was also insured against third ...
Aman vs.govt of Nct of Delhi & Ors.
Court: Delhi
Decided on: Nov-30-2017
$~R-73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment:30. h November, 2017 + W.P. (C.) No.12170/2015 AMAN Through Mr. Lalit Kumar Rawal and Mr. Sunil ........ Petitioner K. Goel, Advocates versus GOVT OF NCT OF DELHI & ORS. ........ RESPONDENTS Through Mr. Yeeshu Jain, Standing Counsel with Ms. Jyoti Tyagi, Advocate for L&B/LAC. Mr. Arun Birbal, Mr. Sanjay Singh and Mr. Rohan Mehra, Advocates for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J.(ORAL) 1. This is a petition filed under Article 226 of the Constitution of India by the petitioner. The petitioner seeks a declaration that the acquisition proceedings with respect to the land of the petitioner comprised in Khasra no.47(15-5), 48(01-00) and 49(12-19), total area 29 bighas 04 biswas having 1/12th share measuring 02 bigha 09 biswas, situated in the revenue estate of village Ghonda Gujaran Khadar, Shahdara, Delhi (hereinafter referred to as the subject land) is deemed to ...
Babloo Chauhan @ Dabloo vs.state Govt. Of Nct of Delhi
Court: Delhi
Decided on: Nov-30-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 157/2013 BABLOO CHAUHAN @ DABLOO Through: None. ..... Appellant versus STATE GOVT. OF NCT OF DELHI ..... Respondent Through: Ms.Kusum Dhalla, APP for State. CORAM: JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA ORDER3011.2017 $~ * 7 + % Dr. S. Muralidhar,J.:1. The present appeal was allowed by a detailed judgment dated 15th September 2016. However, by a separate order of that date, the Court highlighted three issues that arose in a larger context, and sought inputs from Prof. (Dr.) G.S. Bajpai, Professor of Criminology & Criminal Justice and Registrar, National Law University, Delhi by appointing him as amicus curiae. Prof. Bajpai has submitted a detailed report. Fines and default sentences 2. The first issue concerns 'the substantive law and procedure relating to the default in payment of fine. The Court's attention is drawn to the decision of the Supreme Court in Palaniappa Gounder v. State of Tamil Nadu (1977) Crl A157of 2013 Page 1 of 12 2 SCC...
Ranjit Singh Rawat vs.directorate General Border Security Forces and O ...
Court: Delhi
Decided on: Nov-30-2017
$~28. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6490/2017 1. RANJIT SINGH RAWAT ........ Petitioner Through: Mr. Narender Bhandari with Mr. Rahul Bora, Advocates versus DIRECTORATE GENERAL BORDER SECURITY FORCES AND ORS ........ RESPONDENTS Through: Mr. Vivekanand Mishra, Senior Panel Counsel for UOI. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % The petitioner was appointed on the post of Constable in the BSF on ORDER3011.2017 18.12.1971, promoted to the post of Head Constable on 17.02.1992, followed by a promotion given to him on the post of Sub-Inspector on 19.05.2004, whereafter he took premature retirement on 30.04.2006. On 22.09.2014, the respondent No.1/Directorate General, BSF issued a letter for grant of first ACP to directly recruited Head Constables and second ACP to Constables, in accordance with the original Scheme of ACP, 1999, without insisting on the requirement of undergoing any pre-promotion courses. Based on the aforesaid decision,...
Hansraj Miglani & Ors vs.lajwanti Khurana Thr Lr & Ors.
Court: Delhi
Decided on: Nov-30-2017
FAO(OS) 8/2017, CM Nos.1073/2017 & 1075-76/2017 $~12 *IN THE HIGH COURT OF DELHI AT NEW DELHI + % HANSRAJ MIGLANI & ORS ..... Appellants Date of decision :30. h November, 2017 Through : Mr. Vikas Dhawan, Adv. as amicus curiae with Ms. Vanya Khanna Sukriti Gandhi, Advs. along with appellant no.1 in person. and Ms. versus LAJWANTI KHURANA THR LR & ORS ...... RESPONDENTS Through : Mr. Manjeet Singh Ahluwalia, Adv. along with R-2 & 3 in person. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 The present appeal assails the order dated 28th of September 2016 passed by the ld. Single Judge dismissing O.A.No.116/2016 (of defendant nos. 1 to 3 against orders dated 21st March, 2016 and 26th May, 2015), I.A.No.6945/2016 (seeking stay of further proceedings) and I.A.No.6947/2016 (for condonation of delay in filing the chamber appeal) all of which were filed in CS(OS)No.862/2003. FAO(OS)No.8/2017 Page 1 of 7 2. By way of ...
National Insurance Co Ltd vs.linu Kumar & Ors
Court: Delhi
Decided on: Nov-30-2017
$~R-599 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h November, 2017 + MAC. APPEAL No.995/2012 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate. versus LINU KUMAR & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar, Advocate. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On the accident claim case (Suit No.732/2010/2008), instituted on 12.03.2008, by the first respondent (the claimant) seeking compensation for injuries suffered by him in a motor vehicular accident that occurred on 12.02.2008, on the averments that he suffered injuries due to negligent driving of Maruti van bearing registration No.DL-3CR-4782 (the van), by the third respondent, liability to pay Rs.1,00,037/- as compensation, was placed at the door of the appellant (insurer), the Tribunal holding it to be the company which had issued the insurance policy, reference in this context being made to a document purporting to be a cover note issued at the instance of the second...
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