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Delhi Court November 2017 Judgments

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Nov 02 2017

Femc- Pratibha Joint Venture vs.commissioner of Trade & Taxes

Court: Delhi

Decided on: Nov-02-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 3424/2017 Date of decision:2. d November, 2017 $~9, 11, 12, 20 & 21 * + IJM CORPORATION BERHAD ........ Petitioner Through : Mr. Rajesh Jain, Mr. Virag Tiwari, Ms.Aastha Gandhi, Mr.V.K. Jain, Advocates. versus COMMISSIONER OF TRADE & TAXES ..... Respondent M.V.OMNI PROJECTS (INDIA) LTD. Satyakam, ASC Through : Mr. for GNCTD with Ms.Trisha, LA, DTT, GNCTD. WITH W.P.(C) 4561/2017 ........ Petitioner Through : Mr. Rajesh Jain, Mr. Virag Tiwari, Ms.Aastha Gandhi, Mr.V.K. Jain, Advocates. versus COMMISSIONER OF TRADE & TAXES ..... Respondent Through : Mr. Gautam Narayan, ASC with Mr.R.A. Iyer, Advocate. DAIMLER FINANCIAL SERVICES (P) LTD. WITH W.P.(C) 5792/2017 Through : Mr. Rajesh Jain, Mr. Virag Tiwari, Ms.Aastha Gandhi, Mr.V.K. Jain, Advocates. ........ Petitioner versus W.P. (C) Nos. 3424/2017+connected Page 1 of 18 COMMISSIONER OF TRADE & TAXES ..... Respondent Through : Mr. Satyakam, ASC for GNCTD with Ms.Trisha, LA, DTT, GNCTD. WITH FEM...


Nov 01 2017

Prem Singh vs.union of India & Ors.

Court: Delhi

Decided on: Nov-01-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:29. 08.2017 PRONOUNCED ON:01. 11.2017 W.P. (C) 7278/2016, CM APPL.29949/2016 PREM SINGH ........ Petitioner Through: Mr. Sumit Bansal, Ms. Richa Oberoi and Mr. Prateek Kohli, Advocates. Versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Siddharth Panda, Advocate for LAC/L&B. Mr. B.S. Shukla and Mr. Shambhu Chaturvedi, Advocates for UOI. Mr. Pawan Mathur, Advocate for DDA. W.P. (C) 7275/2016, CM APPL.29945/2016 PREM SINGH ........ Petitioner Through: Mr. Sumit Bansal, Ms. Richa Oberoi and Mr. Prateek Kohli, Advocates. Versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr. Siddharth Panda, Advocate for LAC/L&B. Mr. B.S. Shukla and Mr. Shambhu Chaturvedi, Advocates for UOI. W.P.(C)7278 & 7275/2016 Page 1 of 8 CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA S.RAVINDRA BHAT, J.1. In both these petitions, the relief claimed is identical which is for a declaration that acquisition proce...


Nov 01 2017

Virkaran Awasty vs.state of Nct of Delhi

Court: Delhi

Decided on: Nov-01-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 2229/2017 Order reserved on:26. h October,2017 Order pronounced on:1. t November,2017 VIRKARAN AWASTY ...Petitioner Through: Mr. Vikas Pahwa, Senior Advocate, with Mr. Neeraj Chaudhri, Ms. Kinnori Ghosh, Ms. Kanika Sodhi, Mr. Karan Khanuja & Ms. Sakshi Aggarwal, Advocates. versus STATE OF NCT OF DELHI .... Respondent Through: Mr. Mukesh Kumar, APP for the State, Mr. Vikram Panwar with Mr. Ashok Sagar, Advocates for the complainant. CORAM: % HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL1 By way of the present petition filed under Section 482 of The Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.) the petitioner seeks quashing of order dated 05.05.2017 passed by the Additional Session Judge (hereinafter referred as ASJ), South, Saket Courts, whereby the revision petition titled Vikram Awasty v. State Crl. Rev. No.8356/2016 and also order dated 06.08.2016 whereby the learned ACMM declined to cancel the Open Non-Bailabl...


Nov 01 2017

Kamal Bhasin vs.radha Krishna Mathur & Anr.

Court: Delhi

Decided on: Nov-01-2017

$~71 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7218/2016 KAMAL BHASIN ........ Petitioner Through: versus In person RADHA KRISHNA MATHUR & ANR. ........ RESPONDENTS Through: Mr. Ruchir Mishra and Mr. Abhishek Rana, Advocates for UOI CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER0111.2017 VIBHU BAKHRU, J The petitioner has filed the present petition, inter alia, impugning an 1. order dated 05.04.2016 (hereafter the impugned order) passed by the Central Information Commission (CIC), whereby the petitioners second appeal preferred under Section 19(3) of the Right to Information Act, 2005 (hereafter the Act) against the order dated 13.03.2014 passed by the First Appellate Authority (hereafter FAA), was rejected. By the said order dated 13.03.2014, the FAA had in turn rejected the petitioners appeal against denial of information by the CPIO. The petitioner and several other persons including PFC Officers 2. Association had filed complaints against Sh Satnam Singh, who was then Ch...


Nov 01 2017

M/S Jakki Mull & Sons vs.jagdish Thakral

Court: Delhi

Decided on: Nov-01-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP302009 Reserved on:24th October, 2017 Date of decision :1. t November, 2017 M/S JAKKI MULL & SONS ........ Petitioner Through: Mr.Sachin Dutta, Sr. Adv. with Mr.Sushil Shukla, Ms.S.Jain and Mr.Suhael Buttan, Advs. versus JAGDISH THAKRAL ..... Respondent Through: Mr.Arvind Kumar Gupta, Mr.Prashant Bhardwaj, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 This petition under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Act) has been filed by the petitioner challenging the correctness and validity of the Award dated 22nd September, 2008 passed by the Sole Arbitrator in the arbitration proceedings between the parties.2. The primary challenge to the Arbitration Award is on the ground that the Sole Arbitrator has committed a patent error in not considering the counter claim of the petitioner.3. To answer the above contention, the following sequences of events are to be noted and appreciated. OMP No.30/2009 ...


Nov 01 2017

Mohini Kohli vs.satish Kumar Kohli & Ors

Court: Delhi

Decided on: Nov-01-2017

$~1 * + IN THE HIGH COURT OF DELHI AT NEW DELHI C.R.P. 135/2017 & CM No.21491/2017 (for stay) MOHINI KOHLI ........ Petitioner Through: Mr. Adit S. Pujari, Ms. Surabhi Dhar, Ms. Tusharika Mattoo, Advs. with petitioner-in-person. Versus SATISH KUMAR KOHLI & ORS CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Through: Mr. C.S. Bhandari, Adv. ........ RESPONDENTS ORDER0111.2017 This Revision Petition under Section 115 of the Code of Civil % 1. Procedure, 1908 (CPC) impugns the order (dated 27th March, 2017 in CS No.9791/2016 of the Court of Additional District Judge (ADJ)-01 (West), Tis Hazari Courts, Delhi) of dismissal of the application filed by the petitioner/defendant No.1 under Order VII Rule 11 of the CPC.2. Notice of the petition was ordered to be issued. The counsel for the respondents appears. The counsels have been heard.3. The suit, rejection of plaint wherein was sought, was filed by the respondent No.1 Satish Kumar Kohli and one G.R. Kohli being the predecessor-in-interest of ...


Nov 01 2017

Ishvakoo (India) Pvt. Ltd. Vs. National Projects Construction Corparat ...

Court: Delhi

Decided on: Nov-01-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:26. h October, 2017 Pronounced on:01. t November, 2017 + O.M.P.(I) (COMM.) 382/2017 ISHVAKOO (INDIA) PVT. LTD. ........ Petitioner Through: Ms.Lakshmi Gurung, Ms.Easha Kadian, Advocates. versus NATIONAL PROJECTS CONSTRUCTION CORPARATION LTD ..... Respondent Through: Mr.Rajat Arora, Advocate. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. On 14.11.2002 the letter of intent was issued by the respondent in favour of the petitioner for the project TTZ Heritage Corridor. The total sum of `3.50 Crore was released by the respondent to the petitioner against bank guarantees Nos.109- 124/2002.2. On 11.09.2003, the petitioner approached this Court vide OMP No.363/2003 under Section 9 of the Arbitration and Conciliation Act 1996 to restrain the respondent from encashing the bank guarantees. O.M.P.(I) (COMM.) 382/2017 Page 1 of 4 3. On 12.08.2004, the petitioner invoked the arbitration proceedings and on 15.12.2005 this Court...


Nov 01 2017

Kashi Ram vs.union of India and Ors.

Court: Delhi

Decided on: Nov-01-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 171/2015 KASHI RAM Date of decision:1. t November, 2017 ........ Petitioner Through: Mr. N.S. Vasisht and Mr. M.P. Bhargava, Advs. versus UNION OF INDIA AND ORS. Through: Mr. Anurag Ahluwalia, CGSC ........ RESPONDENTS for R1. Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advs. for L&B/LAC. Mr. Dhanesh Relan and Ms. Gauri Chaturvedi, Advs. for DDA. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE V. KAMESWAR RAO G.S.SISTANI, J (ORAL) 1.2. Rule was issued in this matter on 28th February, 2017.... Petitioner claims to be the co-owner of the land measuring 18 Bigha and 7 Biswas comprised in Khasra Nos.1444/1093/601 (3-17), 79(1-16), 1390/792 (6-14) and 79(3-0), situated in the Revenue Estate of Village Mandawali, Fazalpur, NCT of Delhi, seeks a direction declaring the entire acquisition proceedings in respect of the above land as having lapsed. He also seeks quashing of the impugned Notification bearing No.F.15(3)/59-LSG dated 13.11.1...


Nov 01 2017

Bimla Devi vs.the State Govt of Nct of Delhi

Court: Delhi

Decided on: Nov-01-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL. REV. P. 405/2017 BIMLA DEVI .....Petitioner Through : Mr. Sandeep Thukral, Advocate. Versus ....Respondent Through : Mr. Mukesh Kumar, APP for the State THE STATE GOVT OF NCT OF DELHI CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL with SI Shailender Kumar Singh, PS- Gokul Puri. ORDER0111.2017 1. The present Criminal Revision Petition has been filed under Section 397 Cr.PC assailing the order dated 02.05.2017 passed by the Special Judge (POCSO Act)/Additional Sessions Judge in SC No.44694/2015, FIR No.247/2013 under SectionIPC and Sectionof POCSO Act registered at Police Station - Gokal Puri, whereby the application under Section 311 Cr.PC moved by the petitioner for recalling the victim/prosecutrix for cross examination, was dismissed.2. Aggrieved by the aforesaid order, the learned counsel for the petitioner contended that while declining the prayer of the petitioner, the learned Trial Court failed to make any endeavour to record ...


Nov 01 2017

Bajaj Allianz General Insurance Co. Ltd vs.kamlesh & Ors.

Court: Delhi

Decided on: Nov-01-2017

$~R-388 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:1. t November, 2017 + MAC APPEAL No.797/2011 BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD ..... Appellant Through: Mr. A.K. Soni, Adv. versus KAMLESH & ORS. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Harish Chandra, engaged in private business, aged 35 years, died in motor vehicular accident that took place on 01.05.2008 due to negligence on the part of the driver (sixth respondent) of motor vehicle described as truck bearing registration No.HR38 3447 which was admittedly insured against third party risk at the instance of its registered owner (seventh respondent) with the appellant (insurer) for the period in question. On the accident claim case (suit No.470/08), instituted on 19.07.2008, by the first to fifth respondents (collectively, the claimants) the tribunal, by judgment dated 19.05.2011, awarded compensation in the total sum of Rs. 37,33,056/-, fastening the liability to pay...


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