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Delhi Court October 2018 Judgments

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Oct 31 2018

North Delhi Municipal Corporation vs. Krishan Kumar

Court: Delhi

Decided on: Oct-31-2018

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + L.P.A4972017 & CM262712017 (stay) NORTH DELHI MUNICIPAL CORPORATION ..... Appellant KRISHAN KUMAR Through: None versus .... Respondent Through: None CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA % ORDER1511.2018 1. It has been brought to the notice of the Court that inadvertently a draft order prepared in LPA4972017 (North Delhi Municipal Corporation v. Krishan Kumar) passed on 31st October, 2018 was uploaded on the website which was to be corrected.2. The corrected and signed order in LPA4972017 be immediately placed on the website, and the order earlier uploaded be removed forthwith. November 15, 2018/sapna S. MURALIDHAR, J SANJEEV NARULA, J $~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + L.P.A4972017 & CM262712017 (stay) NORTH DELHI MUNICIPAL CORPORATION ..... Appellant KRISHAN KUMAR Through: Ms. Saroj Bidawat, Advocate. versus .... Respondent Through: Ms. Megha De, Advocate. CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA ...


Oct 31 2018

Management of Jhabban Lal Dav Sr Secondary Public School vs.k M Yadav ...

Court: Delhi

Decided on: Oct-31-2018

$~8 & 16 * + IN THE HIGH COURT OF DELHI AT NEW DELHI LPA6032018 versus ..... Appellant (appearance not given). Through: Counsel for the Appellant MANAGEMENT OF JHABBAN LAL DAV SR SECONDARY PUBLIC SCHOOL K M YADAV & ANR + ........ RESPONDENTS Through: Mr.Sanjeev Ralli with Mr.Bibhash K.Sharma & Mr.Amber Sachdeva, Advocates. Ms.Rashmi Chopra with Ms.Vriti Anand, Advocates for R2. LPA3212018 & C.M. APPL.24187/2018 K M YADAV ..... Appellant versus Through: Mr.Sanjeev Ralli with Mr.Bibhash K.Sharma & Mr.Amber Sachdeva, Advocates. MANAGEMENT OF JHABBAN LAL DAV SR SECONDARY PUBLIC SCHOOL & ANR ........ RESPONDENTS CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA Through: Counsel for the... RESPONDENTS (appearance not given). % JUDGMENT31 10. 2018 LPA Nos. 603 & 321 of 2018 Page 1 of 14 Dr. S. Muralidhar, J.:1. These two appeals - one by the Management of Jhabban Lal DAV Sr Secondary Public School (hereafter the School) and the other by K.M.Yadav (hereafter the employee) - are directed again...


Oct 31 2018

M/S b.r. Arora & Associates Pvt Ltd vs.m/s j.k.s. Construction Pvt Ltd ...

Court: Delhi

Decided on: Oct-31-2018

$~OS- * % + M/S B.R. ARORA & ASSOCIATES PVT LTD Through Mr.Vaibhav Dang, Adv. ..... Plaintiff versus IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: October 31, 2018 CS(COMM) 65/2017 M/S J.K.S. CONSTRUCTION PVT LTD & ANR ..... Defendants CORAM: HON'BLE MR. JUSTICE JAYANT NATH Through Mr.Prateek K. Chadha, Adv. JAYANT NATH, J.(ORAL) IA No.7844/2018 1. This application is filed by the defendants under Order 37 Rule 5 read with Section 151 CPC seeking leave to defend the present suit.2. The plaintiff has filed the present suit for recovery of an amount of Rs.2,73,25,000/-. The case of the plaintiff is that it is a company engaged in construction business. Between the years 2009 and 2011, the plaintiff was awarded various work contracts including the projects at Sulur, Port Blair, Bamrauli and Tirupati. On the request of defendant No.1, the defendant Company was appointed as sub-contractor to execute the said works. An agreement in respect of the Sulur project was executed on 06....


Oct 31 2018

Sudha Jhanwar vs.state & Anr

Court: Delhi

Decided on: Oct-31-2018

$~O-23 & O-24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + 23 + 24 Date of Decision:31. t October, 2018 TEST.CAS. 60/2011 & I.A.12789/2011 SUDHA JHANWAR ........ Petitioner Through: Mr.Ambar Qamaruddin, Mr.Ajay Talesara, Ms.Simmi Kaur Bagga, Advocates versus STATE & ANR Through: Mr. R.Y. Kalia, Mr.S.F. Kalia, Advocates for respondent No.2 ........ RESPONDENTS TEST.CAS. 51/2012 RAJIV KUMAR Through: Mr. R.Y. Kalia, Mr.S.F. Kalia, ........ Petitioner Advocates versus STATE & ORS ........ RESPONDENTS Through: Mr.Ambar Qamaruddin, Mr.Ajay Talesara, Ms.Simmi Kaur Bagga, Advocates for respondent No.2. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. Late Shanti Swarup Gupta and Rattan Kumari executed a joint Will dated 21st July, 2002 whereby they bequeathed their estate to their son, Rajiv Kumar and daughter, Sudha Jhanwar. Rattan Kumari expired on 27th August, 2008 and Shanti Swarup Gupta expired on 14th April, 2011. The daughter, Sudha Jhanwar has filed Test. Cas.60/2011 for grant...


Oct 31 2018

Jindal Metal Co. Vs.principal Commissioner of Income Tax, Delhi-21

Court: Delhi

Decided on: Oct-31-2018

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C)No.11739/2018 & CM Nos.45456-57/2018 Date of Decision:31. 10.2018 JINDAL METAL CO. ........ Petitioner Through : Mr. Rajesh Jain, Mr. Girish K. Shukla, Mr. A.K. Jain and Ms. Aastha Gandhi, Advs. versus PRINCIPAL COMMISSIONER OF INCOME TAX, DELHI-21 ..... Respondent Through : Mr. Zoheb Hossain, Sr. Standing Counsel for Revenue and Mr. Deepak Anand, Jr. Standing Counsel for Revenue. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE PRATEEK JALAN S. RAVINDRA BHAT, J.(ORAL) The writ petitioner challenges a revisional order dated 22.05.2017 of 1. the Commissioner of Income Tax (CIT hereafter) which upheld the reassessment order of the Assessment Officer (AO) made for the assessment year (AY) 2008-09.2. The petitioner, an individual tax payer, claims to reside at C-309, Vikas Puri, New Delhi-110018. From the said address, he submits that he has been filing his income tax returns since 1996 onwards in accordance with Sectio...


Oct 31 2018

Indus Towers Limited vs.the Commissioner of Service Tax New Delhi

Court: Delhi

Decided on: Oct-31-2018

* + + + + + + + + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. 07.2018 Pronounced on:31. 10.2018 CEAC132016, C.M. APPL.37208/2016 VODAFONE MOBILE SERVICES LIMITED Appellant COMMISSIONER OF SERVICE TAX, DELHI ..... Respondent versus CEAC62017, C.M. APPL.6902/2017 & 37758/2017 COMMISSIONER OF SERVICE TAX, AHMEDABAD . Appellant M/S. VODAFONE MOBILE SERVICES LIMITED ..... Respondent versus CEAC42018, C.M. APPL.3649/2018 VODAFONE MOBILE SERVICES LIMITED Appellant COMMISSIONER OF SERVICE TAX, DELHI ..... Respondent versus Appellant Appellant SERTA142016, C.M. APPL.45647/2016 INDUS TOWERS LIMITED versus THE COMMISSIONER OF SERVICE TAX NEW DELHI ..... Respondent SERTA152016 INDUS TOWERS LIMITED versus THE COMMISSIONER OF SERVICE TAX NEW DELHI ..... Respondent SERTA162016 INDUS TOWERS LIMITED versus THE COMMISSIONER OF SERVICE TAX NEW DELHI .... Respondent SERTA172016 INDUS TOWERS LIMITED versus THE COMMISSIONER OF SERVICE TAX NEW DELHI .... Respondent SERTA182016, C.M. APPL.33...


Oct 31 2018

Suresh Kumar vs.d.t.c.

Court: Delhi

Decided on: Oct-31-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. t October, 2018 + W.P.(C) 17655/2004 % 1. SURESH KUMAR ........ Petitioner Through: Mr. N.D.Pancholi, Adv. with D.T.C. versus Through: Ms. Shalu Nigam, Adv. Ms. Manisha Tyagi, Adv. ..... Respondent CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) The DTC, as the petitioner before this Court, challenges an Award, dated 17th January, 2001, passed by the learned Industrial Tribunal (hereinafter referred to as the learned Tribunal), vide which the following term of reference, as referred to the learned Tribunal by the Secretary (Labour) Delhi Administration, was adjudicated: Whether the punishment awarded to Shri Suresh Kumar by way of reducing him to the initial stage in the time scale of driver is illegal and/or unjustified and if so, what directions are necessary in this respect?. 2. Vide the impugned Award, the learned Tribunal has decided the above dispute, as referred to it, against the petitioner and in favo...


Oct 31 2018

Dr. Subramanian Swamy vs.state of Up & Ors.

Court: Delhi

Decided on: Oct-31-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:6. h September, 2018 Decided on:31. t October, 2018 CRL.M.C. 3280/2013 & Crl.M.A.No.16766/2015 + DR. SUBRAMANIAN SWAMY ........ Petitioner Through: Ms. Ramni Taneja, Advocate. STATE OF UP & ORS. versus Through: ........ RESPONDENTS Mr. Kaushal Yadav, PP with Mr. Ram Kishor Singh Yadav, AOR and Mr. Zaki Ahmed Khan, Advocates for State of UP. CORAM: JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL1 This is a petition by Dr. Subramanian Swamy praying inter alia that (i) this Court should order a further investigation into the Hashimpura massacre through a Special Investigating Agency (SIT) and (ii) direct that the original enquiry report of the CB-CID which was tabled before the State of U.P. in 1994 should be made public.2. The Court has considered the petition, the application, the submissions of Ms. Ramni Taneja, learned counsel for the... Petitioner as well as the written arguments.3. As far as prayer (ii) is concerned, the Court accepts i...


Oct 31 2018

Deepak Arora vs.sharda Arora

Court: Delhi

Decided on: Oct-31-2018

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:31.10.2018 CRL.M.C. 4628/2017 & Crl. M.A. 18432/2017 DEEPAK ARORA versus SHARDA ARORA ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Ms. Prema Priyadarshini, Advocate with petitioner in person. For the Respondent : Mr. Rajinder Singh and Mr. Virinda Arora, Advs. with complainant in person. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT3110.2018 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner seeks quashing of Complaint Case No.461/1/15 under Sections 12/18/19/20/of Protection of Women From Domestic Violence Act, 2005, Police Station Vikas Puri.2. Subject dispute emanates out of to a matrimonial discord between the parties.... Petitioner is the husband and the Respondent is the wife.3. Learned counsel for the parties submit that the parties attempted CRL.M.C. 4628/2017 Page 1 of 3 mediation for settlement, however, the mediation was not successful. Thereafter, wi...


Oct 31 2018

Beena Devi vs.dharamveer

Court: Delhi

Decided on: Oct-31-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.895/2018 % BEENA DEVI31t October, 2018 ..... Appellant Through: Mr. Aloke Kumar Bhattacharya, Ms. S. Mukherjee and Mr. Harjinder Singh, Advocates (Mobile No.8447271675). versus DHARAMVEER ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.45609/2018 (for exemption) 1. Exemption allowed, subject to just exceptions. C.M. stands disposed of. C.M. Appl. Nos. 45610/2018 (for delay in filing) and 45611/2018 (for delay in re-filing) 2. For the reasons stated in the applications the delays of 691 days in filing the appeal and 62 days in re-filing the appeal stand condoned, subject to just exceptions. RFA No.895/2018 Page 1 of 11 C.Ms. stand disposed of. RFA8952018 and C.M. Appl. No.45608/2018 (for stay) 3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the...


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