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Delhi Court November 2017 Judgments

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Nov 03 2017

Hsil Ltd. Vs.marvel Ceramics & Ors.

Court: Delhi

Decided on: Nov-03-2017

$~ *IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:03. 11.2017 FAO (OS) (COMM) 45/2017& CM Nos. 5642/2017, 5644/2017 & 12362/2017, 37924-37925/2017 HSIL LTD. versus MARVEL CERAMICS & ORS. ..... Appellant ........ RESPONDENTS Advocates who appeared in this case: For theAppellant : Mr. Manav Gupta, Advocate with Ms. Prabhsahay Kaur and Mr. Sahil Garg, Advs. : Ms. Meera Kaura Patel, Adv. For the... RESPONDENTS CORAM:-"HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICESANJEEV SACHDEVA SANJEEV SACHDEVA, J.1. The appellant (plaintiff in the suit) is aggrieved by the order dated 30.01.2017 whereby the applications filed by the respondents (defendants in the suit) under Order 7 Rule 10 and Order 7 Rule 11 of the Civil Procedure Code, 1908 (CPC) have been allowed and the Single Judge has returned/ rejected the plaint by holding that this Court does not have territorial jurisdiction. FAO (OS) (COMM) 45/2017 Page 1 of 18 2. The appellant had filed the suit seeking permanen...


Nov 03 2017

Mahesh Kumar & Ors vs.icici Lombard General Insurance Co. Ltd.

Court: Delhi

Decided on: Nov-03-2017

$~R-395 & 396 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:3. d November, 2017 + MAC.APP. 843/2011 ICICI LOMBARD GENERAL INSURANCE CO. LTD. ..... Appellant Through: Ms. Suman Bagga, Adv. versus MAHESH KUMAR & ORS Through: None. + MAC.APP. 255//2012 MAHESH KUMAR & ORS Through: None. versus ........ RESPONDENTS ..... Appellants ICICI LOMBARD GENERAL INSURANCE CO. LTD. ........ RESPONDENTS Through: Ms. Suman Bagga, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Mahesh Kumar, the claimant, now appellant in MAC Appeal 255/2012, then aged 27 years, employed as an executive in Human Resource Department of Amar Ujala Publications, suffered injuries in motor vehicular accident that occurred on 18.03.2008 upon being hit by Honda City Car bearing registration No.DL7F4391 driven MAC Appeal No.843/2011 &conn. Page 1 of 6 negligently by respondents Suleman Khan (the driver), it being registered in the name of Reliance Retail Ltd. (registered owner) and admittedly insured agains...


Nov 03 2017

Virender Kumar Gaur & Ors. Vs.meera Biswas

Court: Delhi

Decided on: Nov-03-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.919/2017 + % VIRENDER KUMAR GAUR & ORS. 3rd November, 2017 ..... Appellants Through: Mr. Satyendre Kumar and Ms. Sunita Bhardwaj, Advocates. versus MEERA BISWAS ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.39566/2017 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. RFA No.919/2017 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by plaintiffs in the suit impugning the judgment of the trial court dated 17.8.2017 by which the trial court has dismissed the suit so far as relief claimed by the appellants/plaintiffs for possession of the tenanted premises having premises No.340 (old) B-340 (new), Sector-19, Dwarka, New Delhi. RFA No.919/2017 Page 1 of 7 2. Suit for relief of possession was dismissed by the trial court on the trial court returnin...


Nov 03 2017

Ansal Housing & Construction Limited vs.assistant Commissioner of Inco ...

Court: Delhi

Decided on: Nov-03-2017

$~23 & 26 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:03. 11.2017 ITA9312017 ANSAL HOUSING & CONSTRUCTION LIMITED versus .... Appellant ASSISTANT COMMISSIONER OF INCOME TAX .... Respondent % + + ITA9342017 ANSAL HOUSING & CONSTRUCTION LIMITED versus .... Appellant DEPUTY COMMISSIONER OF INCOME TAX ... Respondent Advocates who appeared in this case: For the Appellant : Mr Ajay Vohra, Senior Advocate with Mr Gaurv Jain, Advocate. For the Respondent : Mr Ashok Manchanda and Mr Raghvendra Singh, Advocates. CORAM:-"HON'BLE MR. JUSTICE S. RAVINDRA BHAT HONBLE MR. JUSTICE SANJEEV SACHDEVA S. RAVINDRA BHAT, J.(OPEN COURT) C.M. 39547/2017 (exemption) in ITA9312017 C.M. 39549/2017 (exemption) in ITA9342017 Allowed, subject to all just exceptions. ITA9312017 & 934/2017 Page 1 of 14 ITA9312017 & ITA9342017 1. The present appeals by the assessee, under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act), arise out of the common order dated 28.03.2017 pa...


Nov 03 2017

Babli Pandey vs.state and Anr.

Court: Delhi

Decided on: Nov-03-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Crl. Rev. P.187/2015 Order reserved on :26. h October, 2017 Order pronounced on :03. d November, 2017 BABLI PANDEY .Petitioner Through: Mr. Dheeraj Kumar Nayal, Advocate. STATE & ANR. ..Respondent Through: Mr. Ashok Kumar Garg, APP for the Versus State with SI Raghuveer, PS-Bindapur. Mr. Jai Gopal Garg, Advocate for the respondents No.2 to 4. CORAM: HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL The present Criminal Revision Petition has been filed under 1. Section 397(1)/401/482 Cr.PC assailing the order dated 03.11.2014 passed by the Additional Sessions Judge-04, South West, Dwarka New Delhi in CR No.whereby respondents No.2 to 4 were discharged for the offence punishable under Sections 341/506/5IPC.2. The brief and necessary facts which emerges from record is that when the petitioner/complainant was returning home, the respondents No.2 to 4 obstructed her way, used filthy language and extended threat to her to which she replied that they wer...


Nov 03 2017

Vivek Srivastava vs.union of India & Ors.

Court: Delhi

Decided on: Nov-03-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4889/2016 Reserved on:2. d August, 2017 Date of decision :3. d November, 2017 VIVEK SRIVASTAVA .....Petitioners Through Mr.Ankur Chhibber, Mr.Bhanu Gupta, Mr.Rajesh, Advs. versus UNION OF INDIA & ORS ........ RESPONDENTS Through Mr.Anil Soni, Mr.Naginder Benipal, Mr.Nivesh Sharma, Advs. for R-1 to 4 CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.The petitioner has filed the present petition before us seeking the following reliefs:-"(i) Issue a Writ of Certiorari for quashing the order dated 01.05.2014 issued by the DG, CRPF, declining to interfere with the averse remarks in the petitioners APAR for the year 2007-08, the signal dated 05.01.2015, the letter dated 21.03.2016 issued by the DG, CRPF declining to consider the case of the petitioner as well as the signal dated 29.03.2016 rejecting the petitioners representation dated 15.10.2015; and (ii) the respondents to expunge the adverse remark...


Nov 03 2017

United India Insurance Co. Ltd. Vs.smt. Chand Kumari & Anr.

Court: Delhi

Decided on: Nov-03-2017

$~1 & 2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM (M) 570/2013 Decided on:3. d November, 2017 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani with Mr. P. Acharya, Adv. Versus SMT. CHAND KUMARI & ANR. ........ RESPONDENTS Through: Mr. Deepak Maharaj, Adv. for R-1 & 2. + MAC.APP. 457/2013 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Mr. Sameer Nandwani with Mr. P. Acharya, Adv. Versus SITALI DEVI & ORS. ........ RESPONDENTS Through: Mr. Deepak Maharaj, Adv. for R-1 & 2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Accident Claim case (MACT No.73/2012) had been instituted on 10.01.2012 by four claimants, they being Sitali Devi, Chand Kumari, Sunny Kumar, Sonu Kumar, being the mother, wife CM (M) 570/2013 & conn. Page 1 of 5 and minor sons respectively of Shyam who had died in a motor vehicular accident that had occurred on 12.10.2011. The claim case was decided by the tribunal, by judgment dated 01.03.2013, returning a finding that ...


Nov 03 2017

Abhay Kumar vs.balbir Singh & Ors.

Court: Delhi

Decided on: Nov-03-2017

$~R-400 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL8922011 Decided on:3. d November, 2017 ABHAY KUMAR ..... Appellant Through: None versus BALBIR SINGH & ORS. ........ RESPONDENTS Through: Ms. Neerja Sachdeva, Adv. for R-3 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant had instituted accident claim case (MACP No.200/2010) on 03.10.2008 seeking compensation under Section 166 of Motor Vehicles Act, 1988 on the averments that while riding on the pillion of motorcycle bearing registration No.DL-6SZ-8951 (motorcycle) on 11.08.2008 from Gurgaon to village Naraina, New Delhi, he had suffered injuries on account of motor vehicular accident that had occurred involving a Tavera car bearing registration No.HR55FT-0480 (a car), the latter having been driven in a rash manner by the first respondent (the driver). It appears that the motorcycle driver Vinod Kumar had also suffered injuries in the same accident and had also filed his own case (MACP No.194/2010). Both ...


Nov 03 2017

S. Amolak Singh Correct Name Amolak Raj Singh vs.narender Kumar Dang

Court: Delhi

Decided on: Nov-03-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:3. d November, 2017 RC.REV.628/2015, CM No.29111/2015 stay), CM No.3047/2016 (u/O XLI R-27 CPC & CM No.12758/2016 (for direction). S. AMOLAK SINGH CORRECT NAME AMOLAK RAJ SINGH (for ........ Petitioner Through: Mr. C.L. Sachdeva, Mr. P.S. Khandelwal, Mr. Preet Pal Singh and Ms. Priyam Mehta, Advs. Versus NARENDER KUMAR DANG ..... Respondent Through: Mr. Rajat Aneja and Ms. Nisha Sharma, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order (dated 24th July, 2015 in E.No.763/of the Court of Additional Rent Controller-02, Central District,Tis Hazari Courts, Delhi) 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 No.242, Jawahar Hosiery Market, S...


Nov 03 2017

Kartik Solanki vs.the State of Nct of Delhi

Court: Delhi

Decided on: Nov-03-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1940/2017 Order reserved on :24. h October, 2017 Order pronounced on :3. d November, 2017 KARTIK SOLANKI ..Petitioner Through: Mr. K.K. Sharma, Senior Advocate with Ms.Sonia Sharma, Mr Rajesh Kaushik and Mr. Sameer Chandra, Advocates. Versus THE STATE OF NCT OF DELHI Through: Mr. Akshai Malik, APP for the State. CORAM: HONBLE MS. JUSTICE SANGITA DHINGRA SEHGAL ..Respondent 1. By way of the present petition filed under Section 438 of the Code of Criminal Procedure (hereinafter referred Cr.PC.), the petitioner seeks grant of Anticipatory Bail in FIR No.390/2017 under Sections 419/457/380/392/411/120-B/34 of the Indian Penal Code, 1860 (hereinafter referred as IPC) registered at Police Station Bhalswa Dairy, New Delhi. Status report is on record.2. The case of the Prosecution is that the petitioner gave secret information to Ct. Manohar Lal working in Delhi Police about the illegal storage of Sandalwood in a Godown at Gali No.8 Sw...


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