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Delhi Court August 2017 Judgments

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Aug 30 2017

Poonam Srivastav vs.state of Delhi

Court: Delhi

Decided on: Aug-30-2017

$~ * % + + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:19. h May, 2017 Judgment delivered on 30 August, 2017 CRL.A. 36/2004 POONAM SRIVASTAV ..... Appellant Through : Mr.K.T.S. Tulsi, Sr. Adv. with Mr.Lalit Sankhla, Mr.Pawan Sankhla, Mr.Padam Sankhla, Mr.Raj Kamal and Ms.Pallavi Malhotra, Advs. Versus STATE OF DELHI ..... Respondent Through: Ms.Aashaa Tiwari, APP Mr.Pawan K. Bahl, Adv. for the complainant. CRL.A. 68/2004 JITENDER SRIVASTAV & ORS ..... Appellants Through : Mr.K.T.S. Tulsi, Sr. Adv. with Mr.Lalit Sankhla, Mr.Pawan Sankhla, Mr.Padam Sankhla, Mr.Raj Kamal and Ms.Pallavi Malhotra, Advs. Versus STATE OF DELHI ..... Respondent Through : Ms.Aashaa Tiwari, APP Mr.Pawan K. Bahl, Adv. for the complainant. Crl.A. 36/2004, 68/2004 & 85/2004 Page 1 of 46 + CRL.A. 85/2004 DEEPAK SRIVASTAV ..... Appellant Through : Mr.K.T.S. Tulsi, Sr. Adv. with Mr.Lalit Sankhla, Mr.Pawan Sankhla, Mr.Padam Sankhla, Mr.Raj Kamal and Ms.Pallavi Malhotra, Advs. Versus STATE OF DELHI .......


Aug 30 2017

Kamender vs.state of Delhi

Court: Delhi

Decided on: Aug-30-2017

$~R-13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + KAMENDER versus Date of Decision: August 30, 2017 CRL.A. 344/2017 Through: Mr.Vikas Padora, Advocate ..... Appellant with appellant from J/C. STATE OF DELHI ..... Respondent Through: Mr.Kewal Singh Ahuja, APP for the State with SI Shailender Kumar and ASI Puran Singh, PS Gokal Puri. PRATIBHA RANI, J.(Oral) 1. The appellant has preferred the instant appeal under Section 374 (2) Cr.P.C. assailing the judgment dated 16th November, 2016 and order on sentence dated 28th November, 2016 vide which he has been convicted for committing the offence punishable under Section 307 IPC and under Section 25 Arms Act and sentenced as under:-"to undergo RI for ten years with fine of 25,000/- and in default of payment of fine, to undergo SI for one year. to undergo RI for one year. (i) U/S307IPC : (ii) U/S25Arms Act :2. Both the sentences were ordered to run concurrently. In brief, the prosecution case is that on 24th August, 2011 an information was re...


Aug 30 2017

The Oriental Insurance Co. Ltd. Vs.anita & Ors.

Court: Delhi

Decided on: Aug-30-2017

$~R-150 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h August, 2017 + MAC APPEAL6382009 18960/2009 and CM189582009 and THE ORIENTAL INSURANCE CO. LTD. ..... Appellant ANITA & ORS. Through: Mr. Sreenath S., Advocate versus ........ RESPONDENTS Through: Mr. Ashok Popli, Adv. for R-6 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. By the impugned judgment dated 11.09.2009 on accident claim case (claim petition no.64/2004) of the first to fourth respondents (collectively, the claimants), the Motor Accident Claims Tribunal (Tribunal) awarded compensation on the basis of findings returned that Ram Kumar, the husband of the first respondent, an earning hand for the family on which the other claimants depended, had died in a motor vehicular accident that occurred on 23.01.2004 due to the negligent driving of a bus bearing registration no.DL-1P-7109 which was admittedly insured against third party risk with the appellant / insurance company (insurer).2. The Tribunal awarded ...


Aug 30 2017

Bharat Heavy Electricals Ltd (Bhel) vs.jitendra Mohan Singh

Court: Delhi

Decided on: Aug-30-2017

$~27 * % IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON:30. 08.2017 LPA5712017, CM APPL.31430-31431/2017 BHARAT HEAVY ELECTRICALS LTD (BHEL).... Appellant Through: Mr. J.C. Seth, Advocate. versus + CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE R.K. GAUBA JITENDRA MOHAN SINGH Through: None. ..... Respondent S.RAVINDRA BHAT, J.(ORAL) 1. The appellant Bharat Heavy Electricals Ltd (hereafter referred to as BHEL) is aggrieved by an order of this Court whereby the respondents writ petition was allowed. The restricted claim of the respondent in the writ petition preferred was for grant of consequential benefits - which according to the Single Judge included arrears of salary and allowances for the period from 16.02.2013 to 08.11.2015.2. The genesis of the controversy is the order of transfer issued by BHEL to the respondent, its officer. At that stage, the officer/petitioner was aggrieved; he claimed that being an individual with special disabilities, the BHEL ought to h...


Aug 30 2017

Commissioner of Income Tax (Ltu), New Delhi vs.oriental Insurance Comp ...

Court: Delhi

Decided on: Aug-30-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * + ORIENTAL INSURANCE CO. LTD. ITA No.372 of 2015 Reserved on:2. d August, 2017 Date of decision:30. h August, 2017 .....Appellant Through: Mr. M. S. Syali, Senior Advocate with Mr. Mayank Nagi and Mr. Tarun Singh, Advocates. DEPUTY COMMISSIONER OF INCOME TAX .....Respondent Through: Mr. Ashok K. Manchanda, Senior Standing Counsel and Mr. Anand K. Chaudhuri, Advocates versus + + COMMISSIONER OF INCOME TAX (LTU), NEW DELHI .....Appellant ITA No.447 of 2015 ITA No.448 of 2015 ORIENTAL INSURANCE COMPANY LTD. Through: Mr. Ashok K. Manchanda, Senior Standing Counsel and Mr. Anand K. Chaudhuri, Advocates. versus .....Respondent Through: Mr. M. S. Syali, Senior Advocate with Mr. Mayank Nagi and Mr. Tarun Singh, Advocates. JUDGMENT CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH ITAs 372/2015, 447/2015 and 448/2015 Page 1 of 22 Dr. S. Muralidhar, J.:1. These are three appeals under Section 260A of the Income Tax Act, 1961 (Act) directed agains...


Aug 30 2017

Anand Kumar vs.union of India and Ors.

Court: Delhi

Decided on: Aug-30-2017

$~ 20 * IN THE HIGH COURT OF DELHI AT NEW DELHI WRIT PETITION (CIVIL) No.6720/2016 Date of decision:30. h August, 2017 ANAND KUMAR ........ Petitioner Through Mr. P. Sureshan, Advocate. Versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through Mr. Dev P. Bharadwaj, CGSC with Ms. Satya Prakash Singh and Ms. Anubha Bhardwaj, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA SANJIV KHANNA, J.(ORAL): Anand Kumar, an Inspector in the Central Industrial Security Force was posted at the International Airport at Delhi on 28th May, 2016.2. On 28th May, 2016, the petitioner made an application for outliving permission with House Rent Allowance (HRA, for short), which was entered at Sr. No.489 of the HRA Seniority Register maintained by the respondent Force.3. The respondents vide communication dated 27th June, 2017 rejected this request made by the petitioner, observing that as per Rule 61 of the Central Industrial Security Force Rules, 2001, (Rules for short...


Aug 30 2017

Vinod Kumar & Ors vs.union of India & Ors

Court: Delhi

Decided on: Aug-30-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI RESERVED ON:20. 07.2017 PRONOUNCED ON:30. 08.2017 % + W.P.(C) 1103/2016 MAHENDRA ........ Petitioner ........ Petitioners ........ Petitioners ........ Petitioners ........ Petitioners ........ RESPONDENTS W.P.(C) 1104/2016 DHARMVEER AND ORS W.P.(C) 1112/2016 HARICHAND AND ORS W.P.(C) 1114/2016 CHANDERMAL AND ORS W.P.(C) 7126/2016 VINOD KUMAR & ORS versus UNION OF INDIA & ORS Through: Mr. Hara Prasad Sahu, Advocate with Mr. Shiv Kant Mishra & Mr. Kamlesh K. Mishra, Advocates for the petitioners. Mr.Yeeshu Jain, Standing Counsel with Ms.Jyoti Tyagi, Advocate for L&B/LAC in W.P.(C)1103, 1114 & 7126/2016. Mr. Sharan Thakur & Ms. Natasha Thakur, Advocates for DDA in W.P.(C) 1103, 1104, 1112 & 1114/2016. Mr. Mukesh Sachdeva, Advocate for UOI in W.P.(C) 7126/2016. Ms. Astha Tyagi, Advocate for L&B/LAC in W.P.(C)1104/2016. Ms. Ruchika Rathi, Advocate for L&B/LAC in W.P.(C)1112/2016. W.P.(C)1103/2016 with connected matters Page 1 of 14 CORAM: HON'BL...


Aug 30 2017

M/S Chaudhary & Co. Vs.union of India Through General Manager, Norther ...

Court: Delhi

Decided on: Aug-30-2017

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:30. 08.2017 ARB.P. 486/2017 M/S CHAUDHARY & CO. ........ Petitioner versus UNION OF INDIA THROUGH GENERAL MANAGER, NORTHERN RAILWAY & ANR. ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : Mr. Amit Dubey, Adv. For the... RESPONDENTS : Mr.J.K. Singh, Adv. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner by way of the present petition under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) seek appointment of an independent Sole Arbitrator.2. The petitioner was awarded a contract for providing of LHS in lieu of L-Xing No.C-20, C-21 & C-22 on Jind- Panipat section in the section of SSE (W)/Spl. Panipat.3. As per the petitioners, they have executed the contract and ARB. PET. 486/2017 Page 1 of 5 certain bills are pending and the respondents have made certain recoveries which the petitioners are disp...


Aug 30 2017

United India Insurance Co. Ltd. Vs.ram Kishan & Ors.

Court: Delhi

Decided on: Aug-30-2017

$~R-148 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:30. h August, 2017 + MAC APPEAL6332009 and CM187812009 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Mr. Shoumik Mazumdar, Adv. versus RAM KISHAN & ORS. ........ RESPONDENTS Through: Mr. Ashok Popli, Adv. for R-1 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The compensation granted in favour of the first respondent by the impugned judgment dated 05.09.2009 of the Motor Accident Claims Tribunal (Tribunal), deciding accident claim case (petition no.53/2009, original no.370/07) on account of the injuries suffered by him in a motor vehicular accident on 25.05.2007 involving a bus bearing registration no.DL-1P-B-3954, it admittedly insured against third party risk with the appellant /insurance company (insurer), includes award on account of loss of earnings, the income having been assessed on the basis of evidence of Ratan Lal (PW-2).2. The insurance company, on which the liability has been fastened, by the a...


Aug 30 2017

Smt. Mamta Thadani and Ors vs.the Registrar Co-Operative Societies and ...

Court: Delhi

Decided on: Aug-30-2017

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7607/2017 SMT. MAMTA THADANI AND ORS ........ Petitioners Through: Mr R.K. Gupta, Adv. versus THE REGISTRAR CO-OPERATIVE SOCIETIES AND ANR ........ RESPONDENTS Through: Mr Ramesh Singh, Standing Counsel and Mr Sandeep Pathak, Adv for respondent No.1 CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % 1. ORDER3008.2017 The petitioners, who are admittedly, similarly placed as the petitioners in W.P. (C) No.5377/2014, a petition that was disposed of along with W.P.(C) No.1797/2015, by a common order dated 27.07.2017 (Annexure P/7), are seeking quashing of the order dated 17.07.2014, on the ground that the same is in violation of the order dated 20.07.2011 passed in W.P.(C) No.5082/2011 to the extent that the Returning Officer has been directed to conduct elections of the Society, by allowing only 600 members to participate in the elections. The second relief prayed for by the petitioners is for directions to the...


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