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Delhi Court August 2017 Judgments

Aug 31 2017

Sushil Kumar Khanna vs.bses Yamuna Power Ltd.

Court: Delhi

Decided on: Aug-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: August 03, 2017 Judgment delivered on: August 31, 2017 SUSHIL KUMAR KHANNA ........ Petitioner Through: Mr.Vimal Wadhawan, Adv. + W.P.(C) 6203/2013 versus BSES YAMUNA POWER LTD. ..... Respondent Through: Mr. Sandeep Prabhakar, Mr. Amit Kumar, Mr. Vikas Mehta and Mr. Pratap Bhera, Advs. 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:-" It is therefore, most humbly prayed to this Honble Court:-"(i) To issue a writ of Mandamus directing the respondent to allow the Time Bound Promotion Scale of Executive Engineer to the petitioner w.e.f 26.9.2000 and the Scale of Superintending Engineer w.e.f. 26.9.2008 and other consequential benefits and interest as per law. (ii) To allow the cost of this Writ Petition to the... Petitioner and against the respondent. (iii) To pass any other order(s) as deemed fit by this Honble Court in the...

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Aug 31 2017

The Self Financing Educational Institutions Association (Regd.) vs.gov ...

Court: Delhi

Decided on: Aug-31-2017

$~ * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:24.08.2017 Judgment delivered on:31.08.2017 + W.P.(C) 2217/2016, C.M. No.9563/2016 & C.M. No.14284/2016 THE SELF FINANCING EDUCATIONAL INSTITUTIONS ASSOCIATION (REGD.) ........ Petitioner Through Mr. R.K. Saini and Mr. Namit Suri, Advs. versus GOVERNMENT OF NCT OF DELHI AND ANR ........ RESPONDENTS Through Mr. Sudhir Nandrajog, Sr. Adv with Mr. Anuj Aggarwal, Ms. Deboshree Mukherjee and Ms. Surya Rajappa, Advs. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.1 The petitioner is an Association of Self Financing Private Institutes imparting higher education. It is a society registered under the Societies Registration Act, 1860. Guru Gobind Singh Indraprastha University (GGSIPU) is a local university of Delhi. It grants affiliation to the self financing colleges/institutions; the members of the petitioner Association are W.P. (C) No.2217/2016 Page 1 of 23 said colleges/institutions. Statue 27 of the GGSIPU (cl...

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Aug 31 2017

Ram Kartar Singh vs.manju & Ors.

Court: Delhi

Decided on: Aug-31-2017

$~32 * % + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31st August, 2017 FAO1562017 and CM412612016 RAM KARTAR SINGH ..... Appellant Through: Mr.P.K. Kar, Mr. T.K Mahapatra, versus Advocates MANJU & ORS. Through: Mr.Vinod Kumar, Advocate ........ RESPONDENTS for respondents no.1 to 3 Mr. J.P. ishra, Mr.Sudhir Naagar, Mr.Prashant Khatana, Advocate for respondent no.4. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) The appellant has challenged the award dated 10th May, 2016 whereby compensation of Rs.6,78,413/- has been awarded to respondents no.1 to 3 by the Commissioner, Employees Compensation.2. On 21st February, 2012, Kamal Singh was working as a labour in property bearing No.S-478, Greater Kailash Part-I, New Delhi when the balcony of the house fell down and Kamal Singh suffered fatal injuries which resulted in his death. Kamal Singh was survived by his widow and FAO1562017 Page 1 of 3 two minor children who filed an application for compensation before the Com...

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Aug 31 2017

Reliance General Insurance Co. Ltd vs.intzar Ali & Ors

Court: Delhi

Decided on: Aug-31-2017

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t August, 2017 + MAC.APP. 216/2016 and CM83672016 RELIANCE GENERAL INSURANCE CO. LTD .... Appellant Through: Mr. A.K. Soni, Advocate versus INTZAR ALI & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar and Ms. Pankaj Kumari, Advocates for R-1 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent, then aged 26 years, working for gain as a driver on motor vehicle described as a van bearing registration no.DL- 7CB-1004 suffered injuries in a motor vehicular accident that occurred on 24.06.2012 at about 12.10 p.m. due to negligent driving of another motor vehicle, it being tempo bearing registration No.UP-17T- 4654 which was admittedly insured against third party risk with the appellant / insurance company (insurer), the injuries suffered including multiple fractures including Open Grade Fracture SOF(R), Open Grade-IIB Fracture and Open Grade IIIA both bone leg fracture. The treatment that was administer...

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Aug 31 2017

Ashish @ Gaurav & Ors. Vs.state

Court: Delhi

Decided on: Aug-31-2017

$~35 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2071/2017 ASHISH @ GAURAV & ORS. ........ Petitioners Through: Mr.Arvind Kumar, Advocate along with petitioners in person. STATE versus ........ RESPONDENTS Through: Mr.Siddarth Sindhu, Advocate for Mr.Sanjay Lao, ASC for the State with SI Saroj, PS Kashmere Gate, Delhi. Ms.Sneha Upadhyay, Advocate for R-2 along with respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER3108.2017 Respondent No.2 is present in person. She is being represented by her counsel. She is duly identified by the IO SI Saroj. 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) the FIR bearing No.40/2015, registered on 20.01.2015 with Police Station Kashmere Gate, Delhi, under Sections 498A/34 IPC on the complaint of respondent No.2. The marriage of the petitioner No.1 with the respondent No.2 for quashing o...

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Aug 31 2017

Commissioner of Income Tax vs.new Delhi Television Limited

Court: Delhi

Decided on: Aug-31-2017

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA No.40 of 2005 Reserved on: August 23, 2017 Date of decision: August 31, 2017 COMMISSIONER OF INCOME TAX Through: Mr. Raghvendra Singh, Advocate. ..... Appellant versus NEW DELHI TELEVISION LIMITED ..... Respondent Through: Mr. M.S. Syali, Senior Advocate with Mr. Mayank Nagi, Advocate. CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH % JUDGMENT Dr. S. Muralidhar, J.:1. This appeal, under Section 260A of the Income Tax Act, 1961 (Act), is directed against the impugned order dated 26th July 2004 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.1757/Del/2003 for the Assessment Year (AY) 1999-2000.2. While admitting this appeal on 17th August 2005 the Court framed the following question of law for consideration:-"Whether the ITAT was correct in law in holding that the television news software produced and exported by the Respondent/Assessee outside the country was customised ITA40of 2005 Page 1 of 13 electronic data eligi...

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Aug 31 2017

Anil Kumar & Ors vs.the State & Anr.

Court: Delhi

Decided on: Aug-31-2017

$~30 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1331/2017 ANIL KUMAR & ORS ........ Petitioners Through: Mr.Sandeep Jain, Adv. With Mr.Rajesh Kumar, Adv. along with petitioners in person. versus THE STATE & ANR. ........ RESPONDENTS Through: Mr.Rajesh Mahajan, ASC for the State with SI Faizan, P.S. Ghazipur. Respondent No.2 in person. % 1.2. 3. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER3108.2017 Respondent No.2 is present in person. She is duly identified by the IO SI Faizan. 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.279/2016, registered against them on 04.06.2016 with Police Station Ghazipur, Delhi, under Sections 498A/3IPC, on the complaint of respondent No.2.... Petitioners No.2 and 3 are parents of petitioner No.1, the petitioner No.4 is the sister of petitioner No.1 and the petitioner No....

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Aug 31 2017

Noordeen vs.manju Chahar & Ors.

Court: Delhi

Decided on: Aug-31-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:31. 08.2017 CM(M) 244/2017 & CM No.8119/2017 NOORDEEN Through: Mr. R.K. Kohli, Advocate. ........ Petitioner Versus MANJU CHAHAR & ORS. .....Respondents Through: Mr. Pankaj Kumar Deval, Advocate for Respondent No.1 with Respondent No.1 in person. Mr. S.P. Jain, Amicus Curiae CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J1 In execution of a Motor Accident Claim Award, the appellant stood surety for the Judgment Debtor (JD) regarding payment of compensation to respondent No.1. The JD defaulted in paying the compensation amount and hence warrants of attachment dated 20.12.2016, apropos the suretys property, were issued by the Executing Court in Execution Petition No 47/15. This warrant has been impugned by the appellant on the ground that the Tribunal did not have the jurisdiction to issue orders apropos execution of the same through the Executing Court, instead if at all required, the warrant ought to have be...

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Aug 31 2017

State vs.om Prakash Etc.

Court: Delhi

Decided on: Aug-31-2017

$~12 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: August 31, 2017 CRL.REV.P. 289/2017 STATE ........ Petitioner Through: Ms.Kusum Dhalla, APP for the State with SI C.B.Sharma, PS New Usmanpur. Versus OM PRAKASH ETC. Respondents Through : Mr.Deepak Kumar Gupta, Advocate. PRATIBHA RANI, J.(Oral) 1. Feeling aggrieved by the order dated 22nd November, 2016 whereby respondents/accused persons have been discharged for committing the offence punishable under Section 12 of POCSO Act in case FIR No.540/13, PS New Usmanpur, the State has invoked the revisional jurisdiction of this Court with a prayer to set aside the order on discharge.2. Case FIR No.540/2013, under Section 354/354B/354D/451/ 323/5IPC was registered at PS New Usmanpur on the basis of the complaint lodged by Praveen Kumar Rana against his neighbour and other family members in respect of the incident dated 12th December, 2013. When his wife Bharti Rana and daughter were produced before the learned Magistrate for...

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Aug 31 2017

Oriental Ins. Co. Ltd. Vs.shahnaz & Ors.

Court: Delhi

Decided on: Aug-31-2017

$~R-153 & R-156 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:31. t August, 2017 + MAC APPEAL No.4/2010 ORIENTAL INS. CO. LTD. . ..... Appellants Through: Mr. Pradeep Gaur, Adv. versus MASTER SHANU & ORS. ........ RESPONDENTS Through: Mr. Navneet Goyal, Adv. for R + MAC APPEAL No.14/2010 ORIENTAL INS. CO. LTD. . ..... Appellants Through: Mr. Pradeep Gaur, Adv. versus SHAHNAZ & ORS. ........ RESPONDENTS Through: Mr. Navneet Goyal, Adv. for R- 1 & 2. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 04.01.2007, a motor vehicular accident occurred, statedly involving negligent driving of motor vehicle described as Gas tanker bearing registration No.HR38 6615 (the offending vehicle) by Rajesh Giri, a respondent in both these appeals. It resulted in injuries being suffered by two persons they being Shanu and Atif Miyan, the MAC Appeal No.4 & 14 of 2010 Page 1 of 4 latter dying in the consequence. Two accident claim cases were instituted one for and on behalf of Shanu (first ...

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