Delhi Court September 2017 Judgments
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Saheb Ram Om Prakash Marketing Pvt Ltd vs.commissioner of Income Tax & ...
Court: Delhi
Decided on: Sep-08-2017
$~ * 12 + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P. (C) No.815/2017 SAHEB RAM OM PRAKASH MARKETING PVT LTD ...Petitioner Through: Mr. Nipun Goel, Mr. Pankaj Bhatia, Mr. Ashish Choudhary, and Mr. Dhruv Surana, Advocates. versus COMMISSIONER OF INCOME TAX & ORS ...Respondents Through: Mr. Rahul Kaushik, Senior Standing Counsel for Revenue CORAM: JUSTICE S. MURALIDHAR JUSTICE PRA THIBA M. SINGH % ORDER0809.2017 Dr. S. Muralidhar, J.:1. The challenge in this petition under Article 226 of the Constitution of India by Saheb Ram Om Prakash Marketing Pvt. Ltd. (hereafter Assessee) is to an assessment order dated 30th January 2017 passed by the Income Tax Officer, Ward-22 (2), New Delhi (hereafter Assessing Officer- AO) for Assessment Year (AY) 200607. The challenge is also to the consequential notice of demand dated 30th January 2017 and the penalty order dated 26th July 2017, passed by the AO under Section 271 (1) (c) of the Income Tax Act, 1961 (Act).2. When the writ petition was first fi...
Dipendra Kumar vs.the Strategic Outsourcing Services Pvt Ltd
Court: Delhi
Decided on: Sep-08-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 312/2017 Date of decision:08. 09.2017 ........ Petitioner $~OS-28 * % + DIPENDRA KUMAR Through Mr. Vikas Sharma, Adv. versus THE STRATEGIC OUTSOURCING SERVICES PVT LTD ..... Respondent Through Mr. Pallav Mongia, Mr. Ashish Virmnai and Mr.Abhinav Goyal, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under Section 11(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of an arbitrator.2. It is the case of the petitioner that on 01.02.2016, a work order was issued by the respondent whereby the petitioner was engaged for providing man power services in the State of Chhattisgarh for implementation of LED Bulbs Distribution Project. Disputes having arisen between the parties, the petitioner invoked the arbitration clause on 07.03.2017. As the parties have failed to agree on an arbitrator, the present petition has been filed.3. In the work order da...
United India Insurance Company Ltd vs.manjeet & Ors
Court: Delhi
Decided on: Sep-08-2017
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:08. h September, 2017 + MAC.APP. 785/2015 and CM234992015 and 30347/2016 UNITED INDIA INSURANCE COMPANY LTD .... Appellant Through: Mr. Praveen Sehrawat and Mr. Abhishek Kumar, Advocates versus MANJEET & ORS ....... RESPONDENTS Through: Mr. Arun Srivastava, Advocate CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On account of the death of Prem Pal Shama @ Prem Pal, aged over 60 years, in a motor vehicular accident that took place on 26.07.2013 due to the negligent driving of a tanker bearing registration no.DL-1GB-6506, concededly insured against third party risk with the appellant / insurance company (insurer), the Motor Accident Claims Tribunal (Tribunal), by its judgment dated 11.08.2015 on claim petition (MACT no.331/DAR/14) of the first to fifth respondents (collectively, the claimants), has directed the insurance company to pay compensation in the total sum of Rs.28,78,216/- with interest at the rate of 9% p.a. The...
M/S Sam India Built Well (P) Ltd. Vs.union of India & Anr.
Court: Delhi
Decided on: Sep-08-2017
$~1 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 106/2017 Date of decision:08. 09.2017 M/s SAM INDIA BUILT WELL (P) LTD. Through Mr.Vivekanand, Advocate ........ Petitioner versus UNION OF INDIA & ANR. ........ RESPONDENTS Through Mr.Praveen Kumar Jain, Advocate Executing Sh.A.K.Jalan, with Engineer. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) seeking appointment of an arbitrator to adjudicate the disputes between the parties.2. Some of the relevant facts are that the work for construction of Head Quarter building of Punjab National Bank, Sector 10, Dwarka, New Delhi was awarded to the petitioner on 16.06.2012. The work is said to have been completed on 04.11.2013 against the stipulated date of completion of 26.02.2013. On 23.09.2014, the petitioner requested for arbitration to adjudicate the disputes that had arisen between the parti...
Kamal Kumar vs.twinkle Chauhan
Court: Delhi
Decided on: Sep-08-2017
$~4. * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 91/2017 and CM APPL. 19735/2017 (stay) 1. KAMAL KUMAR ..... Appellant Through: Mr. Praveen Kumar Singh, Advocate with Mr. Dharam Pal, father of the appellant in person. versus TWINKLE CHAUHAN ..... Respondent Through: Mr. Abhinav Bajaj, Advocate with respondent in person. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % Counsel for the appellant states that he has made compliances of the ORDER0809.2017 order dated 23.05.2017 and has also filed an affidavit as directed. A copy of the said affidavit be furnished to the counsel for the respondent in the course of the day.2. Counsel for the respondent states on instructions that the arrears have been received by his client, except for the maintenance for the month of September, 2017. A cheque towards the maintenance for September, 2017 has been handed over to the respondent through counsel and duly accepted.3. The present appeal is directed against an i...
Kuldeep Singh and Anr. Vs.parveen Kumar & Anr.
Court: Delhi
Decided on: Sep-08-2017
$~ * % + MAC.APP. 383/2015 versus IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:8. h September, 2017 KULDEEP SINGH AND ANR. Through: Mr. Partap Singh, Advocate ..... Appellants PARVEEN KUMAR & ANR. Through: Mr. Pankaj Gupta, Advocate ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT1 The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.2,50,000/- has been awarded in respect of the death of a fetus.2. On 05th February, 2013 at about 04:45 P.M, Sunita Devi was hit by a truck bearing No.DL-1LP-4892 which resulted in the fatal injuries. The deceased was carrying a four months fetus in her womb. The deceased was survived by her husband and minor daughter, who filed two separate claim petitions, one in respect of death of Sunita Devi and the second in respect of the death of the fetus.3. The Claims Tribunal awarded compensation of Rs.19,97,722/- in respect of the death of Sunita Devi and Rs.2,50,000/- in respect of the death of...
Punjab & Sind Bank vs.corus Infrastructure Pvt. Ltd.
Court: Delhi
Decided on: Sep-08-2017
$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:08. 09.2017 O.M.P. (COMM) No.338/2017 PUNJAB & SIND BANK ........ Petitioner versus CORUS INFRASTRUCTURE PVT. LTD. ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr. Pallav Saxena, Advocate. For the... RESPONDENTS : Mr. Ankit Jain & Mr. Sarvesh Rai, Advocates. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) Caveat No.804/2017 Since the learned counsel has put in appearance on behalf of the caveator, caveat stands discharged. I.A. No.10339/2017 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. OMP No.338/2017 Page 1 of 23 O.M.P. (Comm.) No.338/2017 & I.A. No.10338/2017 (for stay) 1. The petitioner by this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) impugns award dated 09.05.2017.2. By the impugned award dated 09.05.2017, the arbitrator ha...
Smt. Sheela Devi & Ors. Vs.the Oriental Insurance Company Limited & Or ...
Court: Delhi
Decided on: Sep-08-2017
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:8. h September, 2017 + MAC APPEAL No.1185/2013 SMT. SHEELA DEVI & ORS. ..... Appellants Through: Mr. Nitin Yadav, Advocate versus THE ORIENTAL INSURANCE COMPANY LIMITED & ORS. ........ RESPONDENTS Through: Mr. A.K. Soni, Advocate for CORAM: HON'BLE MR. JUSTICE R.K.GAUBA R-1. JUDGMENT (ORAL) 1. Deceased Kailash Mehto was the driver of motor vehicle, described as Tata 709, bearing registration No.HR-38F-4176, which was admittedly insured against third party risk for the period in question with the first respondent (insurer). The vehicle belonged to the second respondent. Kailash Mehto died as a result of the injuries suffered by him due to accident involving some unknown vehicle. The accident claim case (Suit No.447/11/08) was instituted on 21.04.2008 by his wife and other members of the family dependant on him on their behalf and also for the benefit of the father of the deceased, he being the third respondent in these proceeding...
Annapurna Infrastructure Private Limted & Another vs.store One Retail ...
Court: Delhi
Decided on: Sep-08-2017
$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:08. 09.2017 + OMP (ENF.) (COMM.) 7/2017 ANNAPURNA INFRASTRUCTURE PRIVATE LIMTED & ANOTHER versus ..... Decree Holders STORE ONE RETAIL INDIA LIMITED ..... Judgment Debtor Advocates who appeared in this case: For the Decree Holders : Mr Manorajan Sharma and Mr Prashand Jain For the Judgment Debtor : Mr Abhishek Swaroop and Mr Akhil Anand CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT0809.2017 SANJEEV SACHDEVA, J.(ORAL) IA No.10394/2017(seeking handing over the demand drafts towards full and final settlement of decretal amount) 1. By this application, the judgment debtor seeks to hand over demand drafts, photocopies of which has been annexed with the application in the sum of Rs.11,11,60,000/-, net of TDS amount of Rs.1,39,40,000/- in full and final settlement of the awarded amount.2. In view of the above, the application is allowed. OMP.(ENF)(COMM) 7/2017 Page 1 of 3 OMP (ENF.) (COMM.) 7/2017 1.2. The decree hol...
Burberry Limited & Anr. Vs.digaaz.com/digaaz-ecommerce Pvt. Ltd. & Ors ...
Court: Delhi
Decided on: Sep-08-2017
$-SB-1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + Pronounced on:8. h September, 2017 CS (OS) 576/2014 BURBERRY LIMITED & ANR. ..... Plaintiffs Through: Ms. Astha Joshi, Advocate versus DIGAAZ.COM/DIGAAZ-ECOMMERCE PVT. LTD. & ORS. ..... Defendants Through: Ex parte CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT Note: Para No.6 corrected and replaced by new para per order dated 08.09.2017. This civil suit alleging infringement of the trademark and 1. passing off by the defendants of their products as that of the plaintiff seeking various reliefs including prohibitory injunction, damages, etc. was initially instituted against five defendants, the second defendant then described as Digaaz e-Commerce Pvt. Ltd., 84 Wall Street, Eatontown, New Jersey, 07724, USA. On the basis of submissions made on 13.02.2015, the name of the said defendant was deleted from the array leaving four defendants in the fray, they being, Digaaz.com/Digaaz e-Commerce Pvt. Ltd., House No.3159, Sector CS (OS) 576/2014...
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