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Delhi Court April 2017 Judgments

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Apr 21 2017

Mohd Laeeq vs.govt of Nct of Delhi and Ors

Court: Delhi

Decided on: Apr-21-2017

$~100 *IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(C) 2362/2017 & CM No.10157/2017 (for interim relief) Judgment delivered on:21. 04.2017 MOHD LAEEQ ........ Petitioner ........ RESPONDENTS Mr. Sanjay Srivastava and Mr. R.K. Saxena and Advocates. versus GOVT OF NCT OF DELHI AND ORS Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : : Ms. Swaty S. Malik, Advocate. Mr. Kamesh Kumar, UDC, Office of SDM (North West) JUDGMENT2104.2017 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner seeks a direction to respondents to deseal the premises of the petitioner situated at C-34/1, Lawrence Road, Industrial Area and to permit the petitioner to carry out business from the said premises.2. The case of the petitioner is that the petitioner has rented out space in premises known as M/s. Jagdish Cold Storage for running a W.P.(C) No.2362/2017 Page 1 of 8 cold storage there from.3. The petitioner operates the cold storage under...


Apr 21 2017

t.t. Ltd. Vs.uoi and Anr.

Court: Delhi

Decided on: Apr-21-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Through: Ms. Shilpi Jain Sharma, Advocate. ........ Petitioner T.T. LTD. $~2 * + W.P.(C) 8963/2009 UOI & ANR. versus ........ RESPONDENTS Through: Mr. Kirtiman Singh, CGSC with Mr. Waize Ali Noor and Mr. Prateek Dhanda, Advocates for UOI. % CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL ORDER2104.2017 CM APPL. No.3815/2017 (Extension of time) and CM APPL. No.3450/2017 ( for direction) 1. On 03.02.2017, both the applications were deferred and the time for making the compliances of the orders passed in the present petition was extended till 15.03.2017. Subsequently, on 17.03.2017, the Joint Director General of Foreign Trade had appeared in person and it was explained to the Court that the implementation of the judgment regarding Target Plus Scheme under the Foreign Trade Policy involves revenue implications of about Rs.2,700 Crores and it would be necessary to obtain Cabinet approval for the said purposes. The matt...


Apr 21 2017

Arun Sharma vs.indian Oil Corporation & Anr

Court: Delhi

Decided on: Apr-21-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8057/2015 Judgment reserved on: April 18 , 2017 Judgment delivered on: April 21, 2017 ARUN SHARMA ........ Petitioner Through: Mr. Bheem Sain Jain, Adv. versus INDIAN OIL CORPORATION & ANR ........ RESPONDENTS Through: Mr. V.N. Kaura, Adv. with Ms. Paramjeet Benipal, Adv. for R-1 Ms. Manjula Gandhi, Sr. Panel Counsel with Mr. Himanshu Dubey, Adv. & Mr. R.M. Tripathi, GP for R-2 CORAM: HON'BLE MR JUSTICE V. KAMESWAR RAO JUDGMENT V. KAMESWAR RAO, J1 The present petition has been filed by the petitioner with the following prayers:-"In view of the aforesaid facts and circumstances, it is, therefore, most respectfully prayed that this Honble Authority be pleased to:-"a) Pass a writ of mandamus or any other appropriate writ/order directing the Respondent No.1 to give joining to the... Petitioner with immediate effect in terms of the directions of the Respondent No.2 i.e Ministry of Petroleum and Natural Gas as well as its own letter dated 05....


Apr 21 2017

M/S Nath Brothers Exim International Ltd vs.union of India & Anr.

Court: Delhi

Decided on: Apr-21-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:17. 01.2017 PRONOUNCED ON:21. 04.2017 % + M/S NATH BROTHERS EXIM INTERNATIONAL LTD.PETITIONER Through: Mr. Ajay Vohra, Sr. Adv. with Ms. Kavita Jha, Advocate for petitioner. W.P. (C) 12073/2015 Versus UNION OF INDIA & ANR. RESPONDENTS Through: Mr. Ajay Digpaul, CGSC with Mr. S. Mishra and Ms. Madhuri Dhingra, Advs. for UOI. Mr. Rahul Chaudhary, Sr. Standing Counsel with Ms. Laxmi Gurung, Jr. St. Counsel, on behalf of Revenue. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI S.RAVINDRA BHAT, J.1. The... Petitioner challenges the validity of Section 80(5) of the Income Tax Act, 1961 (hereafter the Act) inserted by Finance Act, 2009 with effect from 01.04.2003 (hereafter the 2009 amendment) and also, the fourth proviso to S.10B (1) of the Act inserted by the Finance Act, 2006 w.e.f. 01.04.2006, (the 2006 amendment) as arbitrary, discriminatory, unreasonable, and violative of Article 14 of the Constitution...


Apr 21 2017

Mohd Tahir Hussain and Anr vs.state Election Commission and Ors

Court: Delhi

Decided on: Apr-21-2017

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3345/2017 Decided on 21st April, 2017 MOHD TAHIR HUSSAIN AND ANR ........ Petitioners Through : Ms. Nitya Ramakrishnan, Mr. Siddharth and Mr. Irshad, Advs. versus STATE ELECTION COMMISSION AND ORS ........ RESPONDENTS Through : Mr. Sumeet Pushkarna, Adv. for R-1 with Mr. Girish Pandey, Deputy Secy. (SEC). Ms. Anjana Gosain, Adv. for R-2. Mr. Sanjeev Sabharwal, Standing Counsel for SDMC. Mr. G. D. Mishra, Standing Counsel for R-5. Ms. Monika Arora, Adv. for NDMC. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK A.K. PATHAK, J.(ORAL) 1. During the course of hearing, learned counsel for the petitioners has pressed prayer c only, which reads as under:-"W.P. (C) 3345/2017 Page 1 of 7 c. Issue a writ of mandamus or any other appropriate writ, order or direction to the respondent no.1 State Election Commission to conduct the 2017 MCD Elections using VVPAT enabled Generation-2 or Generation-3 EVMs only 2. By placing reliance on Dr. Subramanian Swam...


Apr 21 2017

Deepshikkha Kumari & Anr. Vs.madhuri Singh

Court: Delhi

Decided on: Apr-21-2017

$~23. * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 50/2013 1. DEEPSHIKKHA KUMARI & ANR. Through: Ms. Aditi Laxman, Advocate ........ Petitioners versus MADHURI SINGH ..... Respondent Through: Mr. V.K. Garg, Senior Advocate with Mr. Sunil Kumar and Ms. Noopur Dubey, Advocates CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL % Counsel for the petitioners states that she does not wish to press the ORDER2104.2017 present contempt petition.2. Leave, as prayed for, is granted. The petition is dismissed as withdrawn. APRIL21 2017 rkb HIMA KOHLI, J SANGITA DHINGRA SEHGAL, J...


Apr 20 2017

Maqsood Ahmed Siddiqui vs.mohd. Qasim Khan

Court: Delhi

Decided on: Apr-20-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.59/2015 & CM No.2388/2015 + % MAQSOOD AHMED SIDDIQUI Through:20. h April, 2017 ..... Appellant Mr. Anzar Hussain Pasha, Advocate. MOHD. QASIM KHAN versus ..... Respondent Through: Mr. Yogesh Chhabra, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) the appellant/defendant impugns the judgment of the First Appellate Court dated 17.9.2014 by which the first appellate court set aside the judgment of the Trial Court dated 12.8.2011 and decreed the suit for recovery of Rs.2.5 lacs with interest. Trial court by its judgment dated 12.8.2014 had dismissed the suit which was filed by the respondent/plaintiff for recovery of the loan of Rs.2.5 lacs granted by the respondent/plaintiff to the appellant/defendant. RSA No.59/2015 Page 1 of 4 2. The loan of Rs.2.5 lacs was given by the ...


Apr 20 2017

Delhi International Airport Pvt Ltd vs.airport Authority of India

Court: Delhi

Decided on: Apr-20-2017

$~2 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 42/2017 DELHI INTERNATIONAL AIRPORT PVT LTD ........ Petitioner Through: Mr Sandeep Sethi, Senior Advocate with Mr Abhinav Agnihotri and Ms Abhilasha Singh, Advocates. Versus AIRPORT AUTHORITY OF INDIA ..... Respondent Through: Mr Anil Kathuria, Advocate. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU ORDER2004.2017 % VIBHU BAKHRU, J The petitioner has filed the present petition under Section 12(5) of the 1. Arbitration and Conciliation Act, 1996 (hereafter the Act),inter alia, praying as under:-"on behalf of appoint an so as arbitrator the "(i) to enable the two appointed Respondent arbitrators to appoint the third (presiding) arbitrator and constitute the Arbitral Tribunal to adjudicate the claims of the... Petitioner in accordance with the Arbitration and Conciliation Act, 1996" The respondent has already nominated its arbitrator - Mr A. N.2. Chatterjee, former Deputy Comptroller and Auditor General of India. ARB.P. 42/2017 Page 1 of 5...


Apr 20 2017

Ranjeet Singh Kalra vs.paramjit Kaur & Ors.

Court: Delhi

Decided on: Apr-20-2017

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.254/2016 20th April, 2017 RANJEET SINGH KALRA ..... Appellant Through: Mr. Deepak Gupta, Mr. Rishi Manchanda and Mr. Naveen Grover, Advocates. versus PARAMJIT KAUR & ORS. ........ RESPONDENTS Through: Mr. K.B. Sachdeva, Advocate for R-1 to 5. Ms. Sapna Chauhan, Advocate for DDA/R-6. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellant/plaintiff/landlord, impugning the concurrent judgments of the courts below; of the Trial Court dated 26.11.2014 and the First Appellate Court dated 30.11.2015; by which the appellants/plaintiffs suit for possession and damages has been dismissed by holding that the appellant/plaintiff is not the owner of the suit property and that the suit property is owned by the Delhi Development Authority (DDA). RSA No.254/2016 Page 1 of 14 2. The ...


Apr 20 2017

Thyssen Krupp Materials Ag vs.the Steel Authority of India

Court: Delhi

Decided on: Apr-20-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:25. 04.2016 PRONOUNCED ON:20. 04.2017 FAO (OS) 150/2002 THYSSEN KRUPP MATERIALS AG ..... Appellants Through: Mr. Rishi Agarwala with Ms. Misha Rohatagi, Mr. Umang Gupta and Mr. Karan Luthra, Advocates. Versus THE STEEL AUTHORITY OF INDIA ........ RESPONDENTS Through: Mr. Dipankar P. Gupta, Sr. Advocate, Mr. Jaideep Gupta, Sr. Advocate with Mr. Santosh Kumar and Mr. Jagmohan Sharma, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA S.RAVINDRA BHAT, J.1. Thyssen Krupp Materials, AG, the appellant (hereafter Thyssen) is aggrieved by an order of a learned single judge, dated 10.01.2002 by which Suit No.352A/ 1998 (hereinafter referred to as the suit) for enforcement of an arbitral award, was rejected. The impugned judgment completely set aside the arbitral award; therefore, this appeal under Section 39 of the (old) Arbitration Act 1940 (the Act), read with Section 10 of the Delhi High Court A...


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