Delhi Court September 2017 Judgments
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Rajesh Tiwari vs.state
Court: Delhi
Decided on: Sep-15-2017
$~R-12 IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.A. 727/2014 Judgment reserved on 05th September, 2017 Judgment pronounced on 15th September, 2017 RAJESH TIWARI ..... Appellant STATE Through: Mr. Vikas Padora, Advocate Versus ..... Respondent Through: Mr. Mukesh Kumar, APP for the State. + CORAM: HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL CRL.A. 727/2014 1. The present appeal has been instituted by the appellant under Section 374 of the Code of Criminal Procedure, 1973, (hereinafter referred as Cr.P.C.) against the impugned judgment dated 24.09.2012 and order on sentence dated 28.09.2012 passed by the Court of ASJ, Rohini Courts, Delhi, (FIR No.75/2011, P.S. Aman Vihar, New Delhi), whereby the Appellant was convicted under Section 376(f) and 506 of The Indian Penal Code, 1860 (hereinafter referred to as IPC) and for the offence punishable u/s 376(f) IPC, he has been awarded rigorous imprisonment of ten years and a fine of Rs.20,000/-, and in default of fine, to further undergo six mo...
In the Matter of Ebc (India) Company Private Limited (In Vol. Liqn.) V ...
Court: Delhi
Decided on: Sep-15-2017
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:12. h September, 2017 Pronounced on:15. h September, 2017 CO.PET. No.50/2017 IN THE MATTER OF EBC (INDIA) COMPANY PRIVATE LIMITED (IN VOL. LIQN.) Through Mr.D.Bhattacharya, ........ Petitioner Standing Counsel for Official Liquidator. ........ versus ..... Respondent Through None CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This is a petition under section 497(6) of the Companies Act, 1956 (hereinafter as the Act) by the Official Liquidator, seeking voluntary winding up of EBC (India) Private Limited (hereinafter as the company).2. The company was incorporated on 10.05.1996 with registration no.135379 (CIN-U00000DL2001PLC109766) under the provisions of the companies Act, 1956 with the registrar of the companies, Mumbai under the name and style of EBC (India) Company Private Limited, with the authorized share capital of the company 40,35,00,000/- divided into 40,350,000 equity share of 10/- each. Subsequently ...
Bhupinder Kaur & Ors. Vs.davinder Kaur & Ors.
Court: Delhi
Decided on: Sep-15-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.788/2017 & CM Nos. 33659-61/2017 + % BHUPINDER KAUR & ORS. Through: versus DAVINDER KAUR & ORS. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA15h September, 2017 Mr. Akash Nagar, Adv. ..... Appellants ........ RESPONDENTS To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.33661/2017 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. C.M. No.33660/2017 (condonation of delay) 2. This application is allowed and the delay of 582 days is condoned. C.M. stands disposed of. RFA No.788/2017 & C.M. No.33659/2017 (stay) 3. This first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the preliminary decree dated RFA No.788/2017 Page 1 of 9 26.10.2015 and the final decree dated 28.9.2016 passed by the trial court. The effect of the two decrees is that the respondent no.1/plaintiff has been declared to be 1/4th owner of the suit property bearing No.F-2, Mansarovar Garden, N...
Sanni Kumar Yadav @ Sunny & Anr vs.state & Anr.
Court: Delhi
Decided on: Sep-15-2017
$~26 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(CRL) 1861/2017 & Crl.M.A. 10350/2017 SANNI KUMAR YADAV @ SUNNY & ANR ........ Petitioners Through Mr.Anuj Tomar, Adv. with petitioners in person. versus STATE & ANR. ........ RESPONDENTS Through Mr.Piyush Singhal, Adv. for Mr.Ashish Aggarwal, ASC for State with SI Bhagwati Prasad, P.S. Nangloi. Ms.Ruchi Kapur, Adv. for R-5 with respondent No.5 in person. CORAM: HON'BLE MR. JUSTICE VINOD GOEL1 2.3. ORDER1509.2017 % Respondent No.5 is present in court. She is being represented by her counsel. She is duly identified by IO SI Bhagwati Prasad. Mediation Settlement Agreement dated 13th September, 2017 has been received from the Delhi High Court Mediation and Conciliation Centre. By this settlement, the respondent no.5 has amicably settled the matter with the petitioners. 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, 1...
United India Insurance Co Ltd vs.dharamwati & Ors
Court: Delhi
Decided on: Sep-15-2017
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. h September, 2017 + MAC.APP. 907/2015 and CM284162015 UNITED INDIA INSURANCE CO LTD Through: Mr. Pankaj Seth, Advocate ..... Appellant Versus DHARAMWATI & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar, Adv. for R-1 to 4 Mr. Anendra Kumar Saraswat, Adv. for R-5 & 6 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The insurer by this appeal questions the award passed by the Motor Accident Claims Tribunal (Tribunal), by the impugned judgment dated 05.08.2015, in accident claim case (suit no.17/15), in favour of the first to fourth respondents (collectively, the claimants), only on the ground that the deceased Pradeep Kumar was in private employment and, therefore, there was no occasion for the element of future prospects of increase in income to be added.2. This plea, upon perusal of the evidence adduced by the claimants, is found to be devoid of substance. It was proved during the inquiry, inter alia, by examining ...
Neetu Kadiyan & Ors. Vs.bharti Axa General Ins. Co. Ltd.& Ors.
Court: Delhi
Decided on: Sep-15-2017
$~9 & 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. h September, 2017 + MAC APPEAL No.341/2017 BHARTI AXA GENERAL INS. CO. LTD. ..... Appellant Through: Ms. Suman Bagga & Mr. Pankaj Gupta, Advs. versus NEETU KADIYAN & ORS. ........ RESPONDENTS Through: Mr. Sumit Gupta, Adv. for R-1 to R-4. + MAC APPEAL No.490/2017 NEETU KADIYAN & ORS. ..... Appellants Through: Mr. Sumit Gupta, Adv. versus BHARTI AXA GENERAL INS. CO. LTD.& ORS. ........ RESPONDENTS Through: Ms. Suman Bagga & Mr. Pankaj Gupta, Advs. for insurance company. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Manish Kadiyan, a practitioner in law, working as Retainer Advocate with KNM & Partners died, at the age of 33 years, in motor vehicular accident that occurred on 08.02.2014 involving negligent MAC Appeal No.341/2017 & conn. Page 1 of 6 driving of Tata Safari bearing registration No.DL8M7734 it admittedly insured against third party risk with Bharti Axa General Insurance Co. Ltd. insurance company (in...
Aaradhya International Pvt. Ltd. Vs.visage Beauty & Health Care Pvt. L ...
Court: Delhi
Decided on: Sep-15-2017
$~OS-37 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:15. 09.2017 O.M.P. (T) (COMM.) 12/2017 AARADHYA INTERNATIONAL PVT. LTD. Through Mr.Bhuvanesh ........ Petitioner Sehgal Mr.Anubhav Bhasin, Advs. and versus VISAGE BEAUTY & HEALTH CARE PVT. LTD..... Respondent Through Mr.Tarun Kumar, Adv. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.ORAL) 1. This petition is filed under Section 14(2) and 15 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking termination of the mandate of the Arbitrator and appointment of a new arbitrator to adjudicate the disputes between the parties.2. The case of the petitioner is that it is a company engaged in the business of wholesale and retail sale of cosmetics and other similar products in the entire region of Nepal. It is stated that the respondent approached the petitioner and represented that they are engaged in manufacturing and sale of cosmetics and beauty products. Pursuant to negotiations...
Eicher Motors Ltd. Vs.commissioner of Income-Tax-Iii
Court: Delhi
Decided on: Sep-15-2017
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA No.136/2017 EICHER MOTORS LTD. ..... Appellant Through: Mr.Ajay Vohra, Sr.Advocate with Mr.Gaurav D.Agrawal, Advocates. Jain, Mr.Aniket versus COMMISSIONER OF INCOME-TAX-III ..... Respondent Through: Mr.Zoheb Hossain, Counsel. Sr.Standing CORAM: JUSTICE S. MURALIDHAR JUSTICE PRATHIBA M. SINGH % ORDER1509.2017 1. This is an appeal by the Assessee under Section 260A of the Income Tax Act, 1961 (Act) against an order dated 4th January 2016 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.2561 & 2386/Del/2013 for the Assessment Year (AY) 2009-10.2. Admit.3. The following questions are framed for consideration: (i) Whether on the facts and in the circumstances of the case, the Tribunal exceeded jurisdiction in setting aside the claim of weighted deduction under Section 35 (2AB) of the Act to the file of the assessing officer to re-examine the issue on grounds, ITA1362017 Page 1 of 6 which were not even subject matter of appeal ...
Rites Ltd. Vs.the Additional Director General of Foreign Trade
Court: Delhi
Decided on: Sep-15-2017
$~4 & 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7823/2016 RITES LTD ........ Petitioner Through: Mr Sameer Nandwani & Mr Shiv Gupta, Advocates. versus THE ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE Through: Mr Vikram Jetly, CGSC for UOI. ..... Respondent + W.P.(C) 7855/2016 WITH RITES LTD. ........ Petitioner Through: Mr Sameer Nandwani & Mr Shiv versus Gupta, Advocates. THE ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE Through: Mr Vikram Jetly, CGSC for UOI. ..... Respondent CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1509.2017 VIBHU BAKHRU, J1 The petitioner (hereafter 'RITES') has filed the present petition, inter alia, impugning two separate orders dated 05.04.2010 (hereafter 'the impugned orders') passed by the respondent (hereafter 'DGFT') imposing penalty on RITES for defaulting in fulfilment of its export obligations. W.P.(C) 7823/2016 & W.P.(C) 7855/2016 Page 1 of 6 RITES was issued advance licence No.0510030107 dated 05.01.2001 for 2,91,540/- and advance licen...
New India Assurance Co Ltd vs.shivender Prasad Yadav & Ors
Court: Delhi
Decided on: Sep-15-2017
$~R-186 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. h September, 2017 + MAC.APP. 131/2010 and CM41674168/2010 NEW INDIA ASSURANCE CO LTD ..... Appellant Through: None versus SHIVENDER PRASAD YADAV & ORS ........ RESPONDENTS Through: None CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent (claimant) had suffered injuries in a motor vehicular accident that occurred on 23.01.2006 due to the negligent driving of the motor vehicle described as Tata 407 Tempo bearing registration no.HR-38J-6536, which was admittedly insured against third party risk for the period in question with the appellant / insurance company (insurer). He instituted accident claim case (suit no.04/09) on 04.05.2006 claiming compensation, inter alia, on the averment that he has been rendered permanently disabled.2. The Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 21.11.2009, accepted the said claim returning a finding that the claimant had become per...
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