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Delhi Court December 2017 Judgments

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Dec 07 2017 (HC)

Murari Lal Sharma and Anr. Vs.union of India and Ors.

Court: Delhi

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 10892/2017 . MURARI LAL SHARMA AND ANR. Through:... Petitioners in person. ........ Petitioners versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr.Kirtiman Singh with Mr.Prateek Dhanda, Mr.Momin Khan & Mr.Waize Ali Noor, Advocates. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE REKHA PALLI % ORDER0712.2017 1. Two petitioners have filed the present petition for seeking relief in the present petition in respect of the petitioner No.1. Lieutenant Colonel S.S. Oberoi who has impleaded himself as petitioner No.2 in the present petition appears along with the petitioner No.1 and submits that he is here to assist the petitioner No.1 as the latter is not in a financial position to seek legal assistance for contesting his case.2. We are of the opinion that simply because Lieutenant Colonel S.S. Oberoi hold a power of attorney from the petitioner No.1, he ought not to have impleaded himself in the present petition a...

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Dec 07 2017 (HC)

Commissioner of Income Tax, Delhi vs. Maruti Udyog Ltd

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:11. h November 2017 Decided on:7. h December, 2017 ITA No.250/2005 COMMISSIONER OF INCOME TAX, DELHI ........ Petitioner Through: Mr. Ruchir Bhatia, Senior Standing Counsel, Mr. Puneet Rai, Junior Standing Counsel and Mr. Gaurav Kheterpal, Advocate. versus MARUTI UDYOG LTD. ..... Respondent Through : Mr. S. Ganesh, Senior Advocate with Ms. Kavita Jha, Mr. S. Sukumaran, Mr. Anand Sukumar, Mr. Bhuwan Dhoopar, Ms. Roopali Gupta and Mr.Bhupesh Pathak, Advocates. CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH % JUDGMENT0712.2017 Dr. S. Muralidhar, J.:1. This is an appeal by the Revenue against the impugned order dated 11th October 2004 passed by the Income Tax Appellate Tribunal (ITAT) dismissing the Assessees appeal being ITA No.1240/Del/2003 for the Assessment Year (AY) 1999-00.2. The Revenue is aggrieved by the said order only in respect of some of issues which have been held in favour of the Assessee and against the ITA ...

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Dec 07 2017 (HC)

Wajid Khan vs.the State Govt of Nct of Delhi

Court: Delhi

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Order reserved on 05th December, 2017 Order pronounced on 07th December, 2017 BAIL APPLN. 2264/2017 WAJID KHAN .Petitioner Through: Mr. Saleem Ahmad and Ms. Charu Dalal, Advocates. versus THE STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Arun Kr. Sharma, APP for State with SI Dinesh Kumar, PS: Jamia Nagar. CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL1 By this present application filed under Section 438 of Cr. P.C., the petitioner seeks Anticipatory Bail in case FIR No.610/2017 under Section 323/365/3of Indian Penal Code, 1860 (herein referred to as IPC) registered at Police Station Jamia Nagar, New Delhi.2. The brief and necessary facts to dispose of the present petition is that on 05.09.2017 around 4 p.m. a PCR call regarding kidnapping of a teacher from Government School, Noor Nagar, Delhi was received at Police Station - Jamia Nagar and the same was entrusted to ASI Prakash Chand, who reached at the spot and found the co...

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Dec 07 2017 (HC)

Alstom T & D India Ltd (Formerly Areva T&d India Ltd.) vs.m/s Aradhya ...

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI OMP No.372/2015 Reserved on:23. d November, 2017 Date of decision:07th December, 2017 ALSTOM T & D INDIA LTD (FORMERLY AREVA T&D INDIA LTD.) Through: Mr.Kaustubh Sinha, Adv. ........ Petitioner versus M/S ARADHYA INFRA-TECH PVT. LTD. ..... Respondent Through: Ms.Ekta Mehta, Mr.Shreyans Singhvi, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 This petition under Section 34 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner Alstom T & D India Ltd. (Formerly Areva T&D India Ltd.) challenging the Arbitral Award dated 27.02.2015 passed by the Sole Arbitrator.2. The petitioner had been awarded a contract pertaining to erection and commissioning of power equipments in construction of 132 x 33 KV sub-station at Ghatanji, District Yavatmal by M/s Maharashtra State Electricity Transmission Company (hereinafter referred to as MSETCL). Amongst the various activities forming part of the scope o...

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Dec 07 2017 (HC)

New India Assurance Co. Ltd. Vs.naresh Kumar & Ors.

Court: Delhi

$~R-661&662 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"7th December, 2017 + MAC.APP. 1200/2012 NEW INDIA ASSURANCE CO. LTD. ..... Appellant Through: Mr. Pankaj Seth, Adv. versus NARESH KUMAR & ORS. ........ RESPONDENTS Through: None. + MAC.APP. 1202/2012 NEW INDIA ASSURANCE CO. LTD. .Appellant Through: Mr. Pankaj Seth, Adv. RISHABH & ORS. . .Respondents Through: None. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 18.12.2008, a motor vehicular accident took place involving negligent driving of a motor vehicle described as motor cycle bearing registration No.DL-6S-U-2053 (motor cycle), it resulting in injuries being suffered by two persons namely, Jyoti and her one and half MAC App. No.1200/2012 & 1202/2012 Page 1 of 5 years old child Rishabh. Jyoti died as a result of the injuries sustained. The two accident claim cases came to be instituted on 21.02.2009, one (suit No.544/2011/2009) for compensation on account of death of Jyoti and the other (suit No.245/2010/200...

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Dec 07 2017 (HC)

Commissioner of Income Tax, Delhi vs.maruti Udyog Ltd

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA No.397/2009 Reserved on:11. h November 2017 Decided on:7. h December, 2017 COMMISSIONER OF INCOME TAX, DELHI ....Appellant Through: Mr. Ruchir Bhatia, Senior Standing Counsel, Mr. Puneet Rai, Junior Standing Counsel and Mr. Gaurav Kheterpal, Advocate. versus MARUTI UDYOG LTD. ..... Respondent Through : Mr. S. Ganesh, Senior Advocate with Ms. Kavita Jha, Mr. S. Sukumaran, Mr. Anand Sukumar, Mr. Bhuwan Dhoopar, Ms. Roopali Gupta and Mr.Bhupesh Pathak, Advocates. CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH % JUDGMENT0712.2017 Dr. S. Muralidhar, J.:1. This is an appeal by the Revenue against the impugned order dated 30th June 2008 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.2696/Del/2007 for the AY200405.2. While admitting this appeal on 28th January 2010, the following questions ITA No.397/2009 Page 1 of 3 of law were framed for consideration:1. Whether the Income Tax Appellate Tribunal (ITAT) erred in holding ...

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Dec 07 2017 (HC)

National Insurance Co Ltd vs.lalita and Ors

Court: Delhi

$~ R-663 & R-664 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:7. h December, 2017 + MAC.APP. 1201/2012 NATIONAL INSURANCE CO LTD ..... Appellant Through: Mr. Pankaj Seth, Advocate. versus LALITA AND ORS Through: None. ........ RESPONDENTS + MAC.APP. 263/2016 LALITA AND ANR Appellants Through: None. versus NATIONAL INSURANCE CO LTD ..... Respondent Through: Mr. Pankaj Seth, Advocate. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Mukesh Yadav, aged 31 years, suffered injuries that proved fatal, due to a motor vehicular accident, on account of negligent driving of Truck bearing registration No.HR-63-8841, admittedly insured against third party risk with National Insurance Company Limited (the insurer).2. The accident claim case (Case No.887/08), came to be registered on 28.07.2008, inter alia, on the basis of detailed accident MAC App. No.1201/2012 & 263/2016 Page 1 of 6 report (DAR) submitted by the local police, on the basis of evidence gathered during the investigation ...

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Dec 07 2017 (HC)

Ravinder Kumar Jatav vs.state of Nct of Delhi and Anr.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Order reserved on 5th November, 2017 Order pronounced on 7th December, 2017 + BAIL APPLN. 2285/2017 RAVINDER KUMAR JATAV ........ Petitioner Through: Mr. D. Rajeshwar Rao and Mr. Somdutt Kaushik, Advocates versus STATE OF NCT OF DELHI& ANR. ........ RESPONDENTS Through: Mr. Mukesh Kumar, APP for State with SI Ashok, PS Amar Colony. Mr. Deepak Kaushik and Mr. T. P. Singh, Advocates for complainant/ICICI Bank. CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL1 By the present application filed under Section 438 of The Code of Criminal Procedure, 1973 (herein referred as Cr.P.C), the petitioner seeks Anticipatory Bail in case FIR No.4under Section 420/467/468/471/120B/34 of Indian Penal Code (herein referred to as IPC), registered at Police Station Amar Colony, Delhi.2. The case in hand was registered on the complaint of Mr. Pankaj Kamra, Branch Manager, ICICI Bank, Lajpat Nagar-4 Branch, New Delhi alleging that on 14.09.2017, an amount of Rs.1...

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Dec 07 2017 (HC)

A J vs.s P

Court: Delhi

# 19 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:07. 12.2017 MAT.APP.(F.C.) 70/2017 15722/2017 (Stay) 15723/2017 (Additional Documents) A J S P versus ..... Appellant ........ RESPONDENTS Advocates who appeared in this case: For the Appellant For the... RESPONDENTS : Ms. Nidhi Mohan, Advocate : Ms. Seema Mishra, Advocate with Mr. Ashutosh Sitaraman, Advocate CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA JUDGMENT SIDDHARTH MRIDUL, J (ORAL) 1. In pursuance to the directions issued by this Court by way of its order dated 23.11.2017, learned counsel appearing on behalf of the parties inform us that they have entered into terms of settlement today i.e. 07.12.2017. The terms of the settlement have been handed over in Court today which are as follows:-"MAT.APP.(F.C.) 70/2017 Page 1 of 4 SETTLEMENT TERMS1 It has been agreed that the Appellant shall pay an amount of Rs. 40,00,000/- (Rupees Forty Lakhs) to the Respondent towards full and final set...

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Dec 07 2017 (HC)

Lalit Mohan Madhan & Ors. Vs.reliance Capital Ltd.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI $~21 * + O.M.P. (I) (COMM) 439/2017 Date of decision:7th December, 2017 LALIT MOHAN MADHAN & ORS. ........ Petitioners Through: Mr.Raman Kapur, Sr. Adv. With Mr.Manish Kumar and Mr.Ram Pal Singh, Advs. versus RELIANCE CAPITAL LTD. ..... Respondent Through: Mr.Rajat Katyal, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act)has been filed by the petitioners praying for the following reliefs:-"a)restrain the respondent from in any way taking any action in furtherance of legal notice dated 28.06.2017 and Possession Notice dated Nil of September, 2017 and/ or any coercive action against the... Petitioners in furtherance legal notice dated 28.06.2017 and Possession Notice dated Nil of September, 2017 and/ or also restrain the respondent from recovering the alleged amount of Rs. 6,47,64,476/- or any amount from the to OMP(...

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