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Delhi Court July 2017 Judgments

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Jul 27 2017

Archit Shukla & Ors vs.the Registrar Cooperative Societies, Govt. Of N ...

Court: Delhi

Decided on: Jul-27-2017

$~5 & 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5377/2014, CM No.10705/2014, CM No.17209/2014 & CM No.20072/2015 ARCHIT SHUKLA & ORS Through: Sh. A.K. Singhla, Sr. Advocate along with Mr. Sajan Arora, Advocate. ........ Petitioners THE REGISTRAR COOPERATIVE SOCIETIES, GOVT. OF NCT OF DELHI ..... Respondent versus Through: Mr. Anuj Aggarwal, ASC for GNCTD along with Ms. Niti Jain, Advocate for RCS. Ms. Iti Sharam, Advocate along with Mr. Puneet Sharma, Advocate for Society/Administrator. + W.P.(C) 1797/2015 & CM No.3200/2015 SHRI KHIYA RAM KHILWANI & ANR And ........ Petitioners Through: Sh. A.K. Singhla, Sr. Advocate along with Mr. Abhimanyu, Advocate. REGISTRAR OF COOPERATIVE SOCIETIES & ANR versus ........ RESPONDENTS Through: Mr. Anuj Aggarwal, ASC for GNCTD along with Ms. Niti Jain, Advocate for RCS. Ms. Iti Sharam, Advocate along with Mr. Puneet Sharma, Advocate for Society/Administrator. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % ORDER270...


Jul 27 2017

Nitin Sharma & Ors. Vs.state (Nct of Delhi) & Anr.

Court: Delhi

Decided on: Jul-27-2017

$~26 * + 1.2. 3. IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1211/2017 NITIN SHARMA & ORS ........ Petitioners Through: Mr. J.A. Chaudhary, Advocate with Mr.M.K. Parvez, Advocate. versus STATE (NCT OF DELHI) & ANR ........ RESPONDENTS Through: Mr. Ashish Aggarwal, ASC for the State with Mr.Piyush Singhal, Advocate along with SI Kamlesh, PS Dabri, Delhi. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER2707.2017 % The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing of the FIR bearing No.136/2014, registered on 28.02.2014 with PS Dabri, Delhi, under Section 498A/4IPC. The marriage of the petitioner No.1 and the respondent No.2 was solemnized on 08.12.2008 as per Hindu rites and ceremonies in Delhi. Out of the said wedlock, two children were born. The petitioner No.2 and 3 are the parents of petitioner No.1. W.P....


Jul 27 2017

Bharti Airtel Limited vs.dragonwave Inc

Court: Delhi

Decided on: Jul-27-2017

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:27. 07.2017 O.M.P.(MISC.)(COMM.) 14/2017 BHARTI AIRTEL LIMITED versus DRAGONWAVE INC Advocates who appeared in this case: ........ Petitioner ..... Respondent For the... Petitioner For the Respondent : Mr. Gaurav Juneja with Mr. Aditya Ganju, Advocates. : Mr. Amit Mishra with Mr. Keshav Ray Chaudhuri, Advocates CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2707.2017 SANJEEV SACHDEVA, J.(ORAL) IA No.8416/2017 (exemption) O.M.P.(MISC.)(COMM.) 14/2017 Exemption is allowed subject to all just exceptions.1. This is a petition under Section 29A of the Arbitration & Conciliation Act, 1996 seeking extension of time for making the award.2. The Arbitral Tribunal was constituted on 14.03.2016. The time O.M.P.(MISC.)(COMM.) 14/2017 Page 1 of 2 for making the award is to expire on 14.09.2017.3. Issue notice. Notice is accepted by the learned counsel appearing for the respondent.4. Learned counsel for the parties inform th...


Jul 27 2017

Director of Income Tax vs.mitsui & Co. Ltd.

Court: Delhi

Decided on: Jul-27-2017

$~R5,57 * IN THE HIGH COURT OF DELHI AT NEW DELHI R5 + ITA132005 DIRECTOR OF INCOME TAX ..... Appellant Through: Mr. Rahul Chaudhary, Senior Standing Counsel. versus MITSUI & CO. LTD. ..... Respondent Through: Mr. Mayank Nagi, Mr. Tarun Singh, Advocates. R57 + ITA3342005 DIRECTOR OF INCOME TAX ..... Appellant Through: Mr. Rahul Chaudhary, Senior Standing Counsel. versus MITSUI & CO. LTD. ..... Respondent Through: Mr. Mayank Nagi, Mr. Tarun Singh, Advocates. CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH % ORDER2707.2017 ITA Nos. 13 and 334 of 2005 Page 1 of 24 Dr. S. Muralidhar, J.:1. Common questions of law arise for determination in these two appeals filed by the Revenue under Section 260A of the Income Tax Act, 1961 (Act). Questions of law 2. ITA13of 2005 is directed against an order dated 31st March, 2004 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.5836/Del/1998 for the Assessment Year (AY) 1995-96. While admitting this appeal on 3rd February 2005, this Cour...


Jul 27 2017

Ram Narain Verma vs.rajani & Ors. (Reliance General Ins. Co. Ltd.)

Court: Delhi

Decided on: Jul-27-2017

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h July, 2017 + MAC APPEAL No.478/2017 & CM No.19302/2017 RAM NARAIN VERMA ..... Appellant Through: Mr. Ashok Popli, Adv. versus RAJANI & ORS. (RELIANCE GENERAL INS. CO. LTD.) ........ RESPONDENTS Through: Mr. Rajeev M. Roy, Adv. for R CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) The appellant is the registered owner of motor vehicle described 1. as Tata 407 1LR5072which was involved in a motor vehicular accident that occurred on 06.05.2015, giving rise to cause of action for accident claim case (MACT47670/16, old suit No.154/2015) instituted by first to fifth respondents (collectively, the claimants). The claim arose out of death of Hori Lal Gautam @ Gore Lal Gautam, in the accident, statedly due to negligent driving of the vehicle by the sixth respondent. Admittedly, the vehicle was insured against third party risk for the period in question with the seventh respondent (insurer). While resisting the case, the insurer...


Jul 27 2017

Mrs Renu Malhotra vs.state & Others

Court: Delhi

Decided on: Jul-27-2017

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:27. h July , 2017 TEST.CAS. 62/2016 MRS RENU MALHOTRA ........ Petitioner Represented by: Mr. Anil K. Kher, Sr. Adv. with Ms. Harsha, Mr. Vikas Negi, Mr. Nitesh, Advs. versus STATE & OTHERS ........ RESPONDENTS Represented by: Mr. Varun Goswami, Adv. for R-1/State. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. This petition seeks succession certificate to the petitioner for the estate left behind by her husband late Rakesh Malhotra. Rakesh Malhotra, S/o Om Prakash Malhotra died intestate on 11th December, 1999 leaving behind four legal heirs i.e. the plaintiff/his wife and respondent Nos.2 to 4 being the two daughters and one son namely Ratika Chadha, Pooja Wadhwa and Gaurav.2. Written statements to the petition have been filed by respondent Nos.2, 3 & 4 granting their no objection for grant of succession certificate in respect of the assets left behind by late Rakesh Malhotra in favour of the petitioner.3. An a...


Jul 27 2017

Iffco Tokio General Insurance Co Ltd vs.kanchan Devi & Ors

Court: Delhi

Decided on: Jul-27-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:27. h July, 2017 $~26 * % + MAC.APP. 501/2016 IFFCO TOKIO GENERAL INSURANCE CO LTD ..... Appellant Through: Mr. A.K. Soni, Advocate versus KANCHAN DEVI & ORS ........ RESPONDENTS Through: Mr. Amresh Kumar, Advocates for respondents No.1 to 5. 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.22,57,813/- has been awarded to respondents No.1 to 5.2. On 24th March, 2013 at about 02:00 P.M., Hasinder Turi was driving his motorcycle bearing No.DL-10-SE-1790 and was hit by another motorcycle bearing No.DL-9S-AK-6959 coming from the side of Chunna Bhatti which resulted in fatal injuries to Hasinder Turi. The deceased was survived by his widow, two minor children and parents who filed an application for compensation before the Claims Tribunal claiming that the deceased was earning Rs.15,000/- per month . However, the Claims Tribunal took the m...


Jul 27 2017

Manish Mittal & Ors. Vs.state & Anr.

Court: Delhi

Decided on: Jul-27-2017

$~43 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2134/2017 MANISH MITTAL & ORS ........ Petitioners Through: Mr. Kanwar Kochhar, Adv. with Mr.Jujhar Singh, Adv. along with petitioners in person. versus STATE & ANR ........ RESPONDENTS Through: Mr.Rahul Mehra, Standing Counnsel, for State with Mr.Jamal Akhtar, Adv. with SI Jeetendra Kumar. Mr.Rajesh Kumar, Adv. with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER2707.2017 Crl.M.A. 11982/2017 (exemption) % Exemption allowed subject to all just exceptions. Application is disposed of. W.P.(CRL) 2134/2017 1.2. 3. Notice. Learned Standing counsel, who appears on an advance copy, accepts notice. Notice to respondent No.2 also. She appears in person and is duly identified by the IO SI Jeetendra Kumar, Subhash Place. The petitioners have invoked the writ jurisdiction of this court under Articleof the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short Cr.PC) for quashing...


Jul 27 2017

Hargovind Pandey vs.pr.commissioner of Income Tax

Court: Delhi

Decided on: Jul-27-2017

$~6. * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4705/2017 HARGOVIND PANDEY ........ Petitioner Through: Mr. Inder Paul Bansal, Advocate with Mr. Vivek Bansal, Advocate. Versus PR.COMMISSIONER OF INCOME TAX ..... Respondent Through: Mr. Zoheb Hossain, Sr. Standing Counsel CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH % ORDER2707.2017 Dr. S. Muralidhar, J.:1. The challenge in this writ petition is to an order dated 21st December, 2016 passed by the Principal Commissioner of Income Tax (PCIT) rejecting the... Petitioners application under Section 264 of the Income Tax Act, 1961 (Act) on the ground of limitation.2. The brief facts are that the... Petitioner is the proprietor of M/s River Banks Studios. He is also the Director of River Bank Studios Pvt. Ltd. (RBSPL). It is pointed out that for the relevant Assessment Year (AY) 2012-13 both the... Petitioner and RBSPL have been separately assessed.3. On 1st April, 2011 an MOU was entered into between the... Petitioner and RB...


Jul 27 2017

Baldev Singh Solanki vs.bhagwati Devi (Deceased) Through Lrs and Ors.

Court: Delhi

Decided on: Jul-27-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.23/2017 RSA No.24/2017 % + RSA No.23/2017 BALDEV SINGH SOLANKI27h July, 2017 ..... Appellant Through: Appearance not given versus BHAGWATI DEVI (DECEASED) THROUGH LRS AND ORS. ........ RESPONDENTS Through: Mr. Amit Chandel and Mr. K.R.Verma, Advs. For R-1 to R-4 + RSA No.24/2017 BALDEV SINGH SOLANKI ..... Appellant Through: Appearance not given versus BHAGWATI DEVI (DECEASED) THROUGH LRS AND ORS. ........ RESPONDENTS Through: Mr. Amit Chandel and Mr. for R-1 K.R.Verma, Advs. through L.Rs. and R-3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1.(i) These two appeals under Section 100 of the Code of Civil Procedure, 1908 (CPC) are being disposed of by this common RSA Nos. 23/2017 and 24/2017 Page 1 of 8 judgment as appellant in both the appeals is the same. The property in question is also the same. The main issue in both the cases is the same of the claim of the appellant/pl...


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