Delhi Court September 2017 Judgments
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Kanahiya Lal @ Kanahiya vs.padam Singh & Ors.
Court: Delhi
Decided on: Sep-18-2017
$~R-224 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:18. h September, 2017 + MAC.APP. 448/2010 and CM APPL.12733/2010 KANAHIYA LAL @ KANAHIYA ..... Appellant Through: Ms. Komal Dhingra, Advocate for Mr. J.P.N. Shahi, Advocate Versus PADAM SINGH & ORS. Through: Nemo. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The appellant was injured in a motor vehicular accident that occurred on 14.01.2005 due to negligent driving of motor vehicle described as dumper bearing registration No.DL-1GB-3424, admittedly registered in the name of the second respondent (Municipal Corporation of Delhi) (MCD), it being driven by its employee Padam Singh (first respondent). He filed accident claim case (MACT No.701/09) on 16.03.2005 seeking compensation. The tribunal held inquiry and, by the judgment dated 04.01.2010, returned finding to the effect that the accident had indeed occurred due to negligent driving of the said vehicle by the first respondent, holding him and ...
Deen Dayal vs.delhi Transport Corporation
Court: Delhi
Decided on: Sep-18-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :11. h July, 2017 Date of decision:18. h September, 2017 W.P.(C) 5731/2017 DEEN DAYAL Through: Mr. Anuj Aggarwal, Advocate versus ........ Petitioner DELHI TRANSPORT CORPORATION CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA Through: Mr.Sarfaraz Khan, Advocate ........ RESPONDENTS ANU MALHOTRA, J.JUDGMENT1 The petitioner, Deen Dayal S/o Sh. Lal Singh vide the present petition has assailed the impugned award dated 4.11.2016 of the Presiding Officer, Labour Court XVII, Karkardooma Courts Complex, New Delhi in LIR No.6820/2016 (Old No.24/08) whereby the reference made by the Government of NCT of Delhi vide order dated 06.02.2008 F.24(1306)/06/Lab./1374-78 to the effect; Whether the punishment of removal from service imposed by the management on Sh. Deen Dayal S/o Sh. Lal Singh, conductor, Badge No.10530 vide order dated 01.04.92 is illegal and/or unjustified; and if yes, to what relief is he entitled?. W.P.(C) 5731/2017 Page 1 of 36 wa...
Ankit Sharma vs.the State & Anr.
Court: Delhi
Decided on: Sep-18-2017
$~1 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:18. 09.2017 W.P.(CRL) 2012/2017 ANKIT SHARMA ........ Petitioner Through: Mr.Ankur Jain, Advocate with Ms.Mehak Jain, Mr.Keshav Verma and Mr.Yogesh Goel, Advocates for P-1 and P-3 along with petitioners no.1 and 3 in person. Mr.Narender Kumar Sharma, Advocate for P-2 along with petitioner No.2 in person. versus THE STATE & ANR ........ RESPONDENTS Through: Mr.Sanjay Lao, ASC for State with SI Sudhir, PS Keshav Puram, Delhi. Mr.Aastha Gupta, Advocate for R-2 & R-3 along with respondent No.3 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL VINOD GOEL, J.(Oral) 1. Pursuant to the order dated 11.09.2017, the petitioner has joined the co-accused Shivalik Vedi @ Prince and Himanshu Garg as... Petitioners No.2 and 3. The petitioner has filed the Amended Memo of Parties along with their affidavits. The same is taken on record. WP (Crl.) 2012/2017 Page 1 of 7 2.3. 4.5. 6.7. 8. The petitioners have invoked the writ jurisdiction o...
Swaran & Anr vs.indu Wahi & Ors
Court: Delhi
Decided on: Sep-18-2017
$~45 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 1036/2017 SWARAN & ANR ........ Petitioners Through: Mr. Varun Goswami & Mr. Sahil Agarwal, Advs. Versus INDU WAHI & ORS ........ RESPONDENTS Through: Mr. Dhanush Relan & Ms. Akshita Manocha, Advs. for R-4. Ms. Vasundhara Nayyar, Adv. for R-5. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER1809.2017 CM Nos.34129-30/2017 (both for exemptions) 1.2. Allowed, subject to just exceptions. The applications are disposed of. CM(M) 1036/2017 3. This petition under Article 227 of the Constitution of India impugns the order [dated 19th July, 2017 in MCA No.01/2016 of the Court of Additional District Judge-03 (ADJ), North-West District, Rohini Courts, Delhi]. of dismissal of the appeal preferred by the petitioners against the order (dated 19th November, 2015 in Civil Suit No.476/2013 of the Court of Senior Civil Judge (SCJ), North-West, Rohini Courts, Delhi) of dismissal of the application of the petitioners / plaintiffs under Order IX Ru...
Kal Airways Private Limited. Vs.spicejet Limited & Anr.
Court: Delhi
Decided on: Sep-18-2017
$~65 & 66 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 09.2017 O.M.P. (I) (COMM.) -71/2016 KAL AIRWAYS PRIVATE LIMITED. versus SPICEJET LIMITED & ANR. + O.M.P. (I) (COMM.) -72/2016 KALANITHI MARAN versus SPICEJET LIMITED & ANR. Advocates who appeared in this case: ........ Petitioner ........ RESPONDENTS ........ Petitioner ........ RESPONDENTS For the... Petitioner : Mr. Rajiv Nayar, Sr. Advocate and Dr. Abhshiek Manu Singhvi, Sr. Advocate with Mr. Anirban Bhattacharya, Mr. Bharat Chugh, Mr. Aditya Vikram and Mr. Abhishek Gupta, Advocates. For the Respondent : Mr. Neeraj Kishan Kaul, Sr. Advocate and Mr. A.S. Chandhiok, Sr. Advocate with Mr. Samar Kachwaha, Ms. Hansa Kaul, Mr. Deepak Joshi, Mr. Viplav Acharya, Mr. Abhishek Sharma, Ms. Shweta Kakkad, Ms. Pallavi Kumar and Mr. Angad Baxi, Advocates. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1809.2017 SANJEEV SACHDEVA, J.(ORAL) O.M.P. (I) (COMM.) 71/2016 & O.M.P. (I) (COMM.) 72/2016 Page 1 of 11 in OMP...
Damodar Karnani & Ors vs.state & Anr
Court: Delhi
Decided on: Sep-18-2017
$~16 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 2255/2017 & Crl.M.A. 12759/2017 DAMODAR KARNANI & ORS ........ Petitioners Through: Ms.Priyanka Sharma, Advocate along with petitioners in person. versus STATE & ANR ........ RESPONDENTS Through: Ms. Kamna Vohra, learned ASC for the State with S.I. Anil Kumar, Police Station C.R. Park, Delhi. Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL ORDER1809.2017 Respondent No.2 appears in person. She is duly identified by IO % 1. SI Anil Kumar.2. The petitioners have invoked the writ jurisdiction of this court under Articleof the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 (in short Cr.P.C.) for quashing of the FIR bearing No.99/2015, registered against them on 07.03.2015 with Police Station C.R. Park, South East District, Delhi under Sections 498A/406 IPC on the complaint of respondent No.2.3. The marriage of the petitioner No.1 with the respondent No.2 was solemnized on 02.12.2007 ...
Patanjali Sharma vs.union of India & Ors.
Court: Delhi
Decided on: Sep-18-2017
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + WP(C) No.2979/2013 & CM Nos.5629/2013 & 5632/2013 + Reserved on:4. h September, 2017 Date of Decision:18. h September, 2017 PATANJALI SHARMA ........ Petitioner Through: Mr.Shanker Raju, Advocate with Mr.Nilansh Gaur, Advocates. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through: Mr.Sanjeev Narula, CGSC with Ms.Anumita Chandra, Advocate for R-1. Mr.Naresh Kaushik, Advocate with Mr.Devik Singh & Ms.Anjali Sharma Advocates for R-2. Mr.A.P. Singh, Advocate for Mr.A.K. Behera, Advocate for R-64. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI JUDGMENT REKHA PALLI, J WP(C) No.2979/2013 1. The present writ petition assails the order dated 16.12.2011 passed by the Central Administrative Tribunal, Principal Bench, WP (C) Nos.2979/2013 Page 1 of 29 New Delhi in OA No.3310/2009 whereby the Tribunal has vide its common order, dismissed the OA filed by the... Petitioner along with OA No.3294/2009 filed by another similar...
Uoi vs.s.c. Manchanda
Court: Delhi
Decided on: Sep-18-2017
$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6285/2002 and CM No.1811/2004 UOI ........ Petitioner Through: Mr J.K. Singh, Standing Counsel and Ms Madhulika Agarwal, Advs. Through: Ms Meenu Mainee, Adv. ..... Respondent versus S.C. MANCHANDA CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % 1. ORDER1809.2017 The petitioner, Ministry of Railways/Union of India is aggrieved by the judgment dated 08.07.2002, pronounced by the Central Administrative Tribunal, Principal Bench in OA No.211/2002, filed by the respondent herein praying inter alia that he be considered for appointment to the post of Additional Member (Staff). The said petition was allowed by the Tribunal and clause (vi) of the Resolution dated 11.10.2000, issued by the Railway Board along with the impugned clarification of January 2002 was quashed. Further, the petitioner was directed to undertake a fresh exercise to lay down a seniority level for appointment to the post of Additional Member (...
Ravi Sharma vs.shubh Marketing Pvt. Ltd. & Ors.
Court: Delhi
Decided on: Sep-18-2017
$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:18. 09.2017 EX.P. 83/2017 RAVI SHARMA ..... Decree Holder versus SHUBH MARKETING PVT. LTD. & ORS ..... Judgement Debtors Advocates who appeared in this case: For the... Petitioner : Mr. Rakesh Mittal and Mr. Kamlesh Anand, Advs. For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA : None. JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1. The decree holder by this petition seek transfer of decree dated 27.08.2013 passed in CS(OS) 2890/2011 for execution to the Court of District Judge, Gautam Budh Nagar, Uttar Pradesh.2. It is contended that the properties owned by the judgment debtors through attachment and sale of which the execution of the EX. P. 83/2017 Page 1 of 2 decree is sought are situated within the territorial jurisdiction of the said Court of District Judge, Gautam Budh Nagar, Uttar Pradesh.3. Accordingly, in terms of Section 39(1) (c), the decree is transferred to the Court of District Judge, Gautam B...
Avenue Asia Advisors Pvt. Limited vs.deputy Commissioner of Income Tax
Court: Delhi
Decided on: Sep-18-2017
$~18 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA3502016 AVENUE ASIA ADVISORS PVT. LIMITED ..... Appellant Through : Mr. M.S. Syali, Senior Advocate with Mr.Vishal Kalra and Mr. Mayank Nagi, Advocates. versus DEPUTY COMMISSIONER OF INCOME TAX ..... Respondent Through : Mr. Rahul Chaudhary, Senior Standing Counsel with Mr. Sanjay Kumar, Junior Standing Counsel. CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH % Prathiba M. Singh, J.ORDER1809.2017 1. This appeal under Section 260A of the Income Tax Act, 1961 (the Act) arises out of an order dated 22nd January, 2016 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.6638/Del/2013 for the Assessment Year (AY) 2009-10.2. On 26th April, 2017, this court framed the following questions of law for determination:"(i) Was the Income Tax Appellate Tribunal (ITAT') justified in re-characterizing the function of the Assessee as a merchant banker and was this in conformity with the sub-advisory agreement dated 1st ITA3502016 Page 1...
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