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Delhi Court July 2017 Judgments

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Jul 31 2017

Vaidya Raghunandan Sharma vs.union of India and Anr

Court: Delhi

Decided on: Jul-31-2017

$~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6422/2017 VAIDYA RAGHUNANDAN SHARMA ........ Petitioner Through: Mr Ashok Panigrahi and Mr Suryadeep Singh, Advocates. versus UNION OF INDIA AND ANR ........ RESPONDENTS Through: Mr Brajesh Kumar, Advocate for R-1. Ms Tasneem Ahmadi and Ms Shubhi Kharl, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER3107.2017 VIBHU BAKHRU, J CM No.26592/2017 1.2. Allowed, subject to all just exceptions. The application is disposed of. W.P.(C) 6422/2017 & CM No.26591/2017 3. The petitioner has filed the present petition under Article 226 of the Constitution of India, inter alia, impugning a notice dated 14.07.2017 issued by the Secretary of the Central Council of Indian Medicine (hereafter CCIM) convening a special meeting of CCIM on 31.07.2017. The petitioner has further prayed that the said meeting of CCIM was called in terms of the decision taken by the Executive Committee in its 248th meeting held on 14.07.2017. The petitione...


Jul 31 2017

Valvoline Cummins Private Ltd. Vs.dy. Commissioner of Income-Tax

Court: Delhi

Decided on: Jul-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~9 * + VALVOLINE CUMMINS PRIVATE LTD. ITA1582016 ..... Appellant Through: Mr. Ajay Vohra, Senior Advocate with Mr. Neeraj Jain & Mr. Aniket D. Agrawal, Advocates. versus DY. COMMISSIONER OFINCOME-TAX ..... Respondent Through: Mr. Sanjay Kumar & Mr. Rahul Chaudhary, Senior Standing Counsel. CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH % ORDER3107.2017 Dr. S. Muralidhar, J.:1. This is an appeal filed by the Assessee under Section 260A of the Income Tax Act, 1961 (Act) challenging the order dated 31stMarch, 2015 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.608/Del/2015 for the Assessment Year (AY) 2010-11.2. While admitting the appeal on 19th February 2016, the following question was framed for determination by this Court: Whether in light of the decision in Maruti Suzuki Ltd. v. CIT (2016) 381 ITR117(Del) the ITAT was justified in holding that ITA1582016 Page 1 of 8 there was an international transaction between the Assess...


Jul 31 2017

Vikas ..... Appellant vs.vakil

Court: Delhi

Decided on: Jul-31-2017

$~R-8A * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t July, 2017 + MAC.APP. 262/2008 VIKAS VAKIL ..... Appellant Through: Mr. Sanjeev Mehta, Adv. versus Through: Mr. Pradeep Gaur & Mr. Amit ..... Respondent Gaur, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was the driver of Maruti car bearing registration No.HR26 5215 on 10.06.2003 when it came to be hit by another motor vehicle, it being Tata 709 bearing registration No.UP170957, which was admittedly insured against third party risk with the third respondent (insurer). As a result of collision, he with certain others travelling with him suffered injuries. A number of accident claim cases were filed including one (suit No.335/2007) instituted by the appellant on 13.11.2003. All the said claim petitions were clubbed for inquiry and were decided by a common judgment dated 17.11.2007 by the motor accident claims tribunal. While upholding the case for compensation on account of fault liability, t...


Jul 31 2017

Sudhir Shukla vs.government of National Capital Territory of Delhi and ...

Court: Delhi

Decided on: Jul-31-2017

$~12 * + IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :31. t JULY , 2017 ........ Petitioner W.P.(C) 11453/2015 & CM APPL. 302Through : Ms.Deepika U.Marwaha, Advocate with Mr.Vinay Kumar Shailendra, Ms.W.Kasar, Mr.Vaibhav Rai Asthana & Mr.Alok Pandey, Advocates. SUDHIR SHUKLA GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI AND ORS. Through : Mr.Yeeshu Jain, Standing Counsel with Ms.Jyoti Tyagi, Advocate for L&B/LAC. Mr.Dhanesh Relan, Advocate with Ms.Gauri Chaturvedi & Ms.Akshita Minocha, Advocates for DDA. ........ RESPONDENTS versus CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(OPEN COURT) 1. Learned counsel for the Govt. of NCT of Delhi through LAC seeks liberty to place on record the counter-affidavit. Liberty granted. Counter-affidavit is taken on record.2. In the instant writ petition, the petitioner claims himself to be recorded owner of 1/4th share out of 3 bighas and 10 biswas of the land bearing Khasra No.1805 situated in the Re...


Jul 31 2017

Punjab National Bank vs.national Highways Authority of India & Anr.

Court: Delhi

Decided on: Jul-31-2017

* IN THE H IGH CO URT OF DE L HI AT NEW DE LHI Judgment reserved on:28. h July, 2017 % Judgment delivered on:31. t July, 2017 + O.M.P. (I) (COMM.) 221/2017 JETPUR SOMNATH TOLLWAYS LIMITED ........ Petitioner Versus NATIONAL HIGHWAYS AUTHORITY OF INDIA ..... Respondent AND + O.M.P. (I) (COMM.) 227/2017 PUNJAB NATIONAL BANK ........ Petitioner Versus NATIONAL HIGHWAYS AUTHORITY OF INDIA & ANR. Advocates who appeared in OMP(I) (COMM.) 221/2017 For the... Petitioner : ........ RESPONDENTS For the Respondent : Mr Kapil Sibal, Senior Advocate and Mr. Sandeep Sethi, Senior Advocate with Mr.Ajay Sondhi and Mr. Abhinav Dhingra, Advocates. Mr Prag P.Tripathi, Senior Advocate with Ms Gunjan Sinha Jain, Mr Mukesh Kumar, Mr Rishabh Kapur and Ms Bhavana Duhoon, Advocates for NHAI/R-1. Advocates who appeared in OMP(I) (COMM.) 227/2017 For the... Petitioner : Mr. Rajiv Nayyar, Senior Advocate with Mr Mayank Grover, Ms Isha J.Kumar, Advocates. For the Respondent : Mr Prag P.Tripathi, Senior Advocate wi...


Jul 31 2017

Rajesh Kumar Mehlawat vs.naresh Gupta

Court: Delhi

Decided on: Jul-31-2017

$~58 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 802/2017 RAJESH KUMAR MEHLAWAT Through: Mr. Pranay Trivedi, Adv. ........ Petitioner Versus NARESH GUPTA Through: None. ..... Respondent CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER3107.2017 CM(A) No.27011/2017 (for exemption) 1.2. Allowed subject to just exceptions. The application is disposed of. CM(M) No.802/2017 & CM(A) 27010/2017 (for stay) 3. This petition under Article 227 of the Constitution of India impugns the order (dated 20th May, 2017 in Civil Suit No.516008/2016 of the Court of Additional District Judge-03, South- West District, Dwarka Courts, New Delhi) allowing the application of the respondent/plaintiff under Order 6 Rule 17 of the CPC and dismissing the application of the petitioner /defendant under Order 7 Rule 11 CPC4 Though in the memorandum of the petition the thrust of the counsel for the petitioner/defendant is that the application under Order 6 Rule 17 should not have been considered when the argum...


Jul 31 2017

Reliance General Insurance Co Ltd vs.manju Devi & Ors

Court: Delhi

Decided on: Jul-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31st July, 2017 $~34 * % + MAC.APP. 484/2015 RELIANCE GENERAL INSURANCE CO LTD Through: Mr. A.K. Soni and Mr. Pavan Kumar, ..... Appellant Advs. versus MANJU DEVI & ORS ........ RESPONDENTS Through: Mr. R.K. Upadhyay and Mr. Rajiv Ranjn Mishra, Advs. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.24,44,980/- has been awarded to respondents No.1 to 5.2. On 31st December, 2011 at about 11:00 pm, Mahender Aggarwal was driving Swift car bearing No.DL8W3278 when he was hit by a truck bearing No.RJ21A0853from behind at Govindgarh which resulted in fatal injuries to Mahender Aggarwal and death of two occupants of the car, namely Abhishek and Hemant. Three separate claim petitions were filed by the legal representatives of Mahender Aggarwal, Abhishek and Hemant which resulted in a common award.3. Mahender Aggarwal was aged 30 years at the t...


Jul 31 2017

Sanjay Gupta vs.amar Singh

Court: Delhi

Decided on: Jul-31-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SANJAY GUPTA FAO No.323/2017 31st July, 2017 ..... Appellant Through: Mr. Siddharth Arora and Mr. Lalit Gupta Advs. ..... Respondent AMAR SINGH CORAM: HON'BLE MR. JUSTICE VALMIKI J.MEHTA versus To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This First Appeal under Section 30 of the Employees Compensation Act, 1923 is filed by the appellant/employer against the impugned judgment of the Employees Compensation Commissioner dated 21.02.2017 by which the claim petition filed by the respondent/employee has been allowed and he has been granted compensation as per the statutory formula for a sum of Rs.4,99,411/- along with the interest at 12% per annum.2. The facts of the case are that respondent/claimant pleaded that he was working with the appellant carrying on business as sole FAO No.323/2017 Page 1 of 7 proprietor of M/s Anupam Packers at F-37, Sector-2, DSIIDC Bawana, New Delhi-110039. It was pleaded that respondent/claim...


Jul 31 2017

M/S Bharat Sanchar Nigam Limited vs.m/s Exnxt Software Private Limited

Court: Delhi

Decided on: Jul-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:31. 07.2017 + O.M.P. (COMM) 337/2016 M/S BHARAT SANCHAR NIGAM LIMITED ........ Petitioner Versus M/S EXNXT SOFTWARE PRIVATE LIMITED Advocates who appeared in this case: For the... Petitioner : Mr Dinesh Agnani, Senior Advocate with Mr L. ..... Respondent For the Respondent: B. Rai and Mr Mohit Kumar Sharma. Mr Sameer Jain, Ms Anu Sura and Mr Mark Wright. CORAM HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J IA No.8714/2016 1.2. Exemption is allowed, subject to all just exceptions. The application stands disposed of. O.M.P. (COMM) 337/2016 3. Bharat Sanchar Nigam Limited (hereafter BSNL) has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) seeking to set aside the award dated 15.03.2016 (hereafter the impugned award) passed by the sole arbitrator. The impugned award was rendered in the context of certain disputes raised by the respondent, EXNXT Software Pr...


Jul 31 2017

Amit Kumar vs.the State (Nct of Delhi)

Court: Delhi

Decided on: Jul-31-2017

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI Crl. A. No.174/2017 AMIT KUMAR Reserved on:10. h July, 2017 Date of Decision:31. st July, 2017 Through: Mr. Rajender Prasad, Advocate .....Petitioner Versus THE STATE (NCT OF DELHI) .....Respondent Through: Mr. Rajat Katyal, APP for the State CORAM: HON'BLE MR. JUSTICE G. S. SISTANI HON'BLE MR. JUSTICE CHANDER SHEKHAR CHANDER SHEKHAR, J.The appellant has filed the present appeal under Section 374 of the Code of Criminal Procedure 1973 (Cr.P.C.), against the impugned judgment, dated 10.02.2015, and order of sentence, dated 12.02.2015, respectively passed by Sh.Sandeep Yadav, Additional Sessions Judge-5, South District Court, Saket, New Delhi in case FIR No.359/2009, P.S.- Vasant Vihar, whereby the appellant has been convicted under Section 302 of the Indian Penal Code (IPC), 1860 and sentenced to undergo simple Crl. A. 174/2017 Page 1 of 30 imprisonment for life and fine of Rs.5,000/- and in default of payment of fine further simple impri...


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