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Delhi Court October 2018 Judgments

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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...


Oct 31 2018

Varinder Pal Singh vs.davinder Pal Singh

Court: Delhi

Decided on: Oct-31-2018

$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 2263/2015 #F-66 VARINDER PAL SINGH ..... Plaintiff Through Mr. Anurag Sharma, Adv. versus DAVINDER PAL SINGH ..... Defendant Through None Date of Decision:31. t October, 2018 CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J: (Oral) 1. Present suit has been filed for partition, rendition of accounts, recovery of possession and damages/mesne profits, and permanent and mandatory injunction.2. It is stated in the plaint that plaintiff and the defendant are real brothers and the co-owner of West Patel Nagar, Delhi (hereinafter referred to as the suit property), which was purchased by Late Shri Inderjit Singh, father of the parties vide Sale Deed dated 10th May, 1963. It is stated that the suit property comprises of a two storeyed building, on a land CS(OS)2263/2015 Page 1 of 5 measuring 100 sq yards.3. It is the stated in the plaint that the plaintiff and the defendant are the only class I legal heirs of Late Shri Inderjit Sing...


Oct 31 2018

Rudra Pal Singh vs.state

Court: Delhi

Decided on: Oct-31-2018

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:31. 10.2018 + BAIL APPLN. 2396/2018 RUDRA PAL SINGH STATE versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : Mr.Vikas Sharma, Adv. For the Respondent : Ms.Meenakshi Dahiya APP. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT3110.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.104/2018 under SectionIPC and Section 30 of the Arms Act. Initially Section 308 was added. After the statement of victim was recorded, Section 307 has been added.2. The allegation in the FIR is that the... Petitioner who was employed as the Security Guard in a bank had a heated argument with the bank manager and when the injured intervene, he is alleged to have fired upon the victim.3. Learned counsel for the petitioner submits that petitioner has been falsely implicated. He submits that the incident happened on BAIL APPLN.2396/2018 Page 1 of 2 account of an...


Oct 31 2018

M/S Ramesh Paper Mart vs.m/s Matrix Global Private Limited

Court: Delhi

Decided on: Oct-31-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:09. h October, 2018 Pronounced on:31. t October, 2018 CS(COMM) 1448/2016 M/S RAMESH PAPER MART M/S MATRIX GLOBAL PRIVATE LIMITED + CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA Through: Mr.M.K.Verma, Advocate. ..... Plaintiff Through: Mr.Nikhilesh Krishnan, Advocate. versus ..... Defendant YOGESH KHANNA, J.1. The plaintiff has filed this suit for recovery of 2,18,66,439/- on the plea they had supplied to the defendant Maplitho paper and hard board for printing of books and it was agreed the defendant shall not make any default in payment of the said material. An order to purchase the Maplitho paper and hard board was placed on 18.10.2013 by the defendant directing the plaintiff to supply 700 MT of Maplitho paper @ 57,250 per MT along with 34 MT of cover stock @ 65,500 per MT. The purchase order dated 18.10.2013 was amended and sent via email dated 21.10.2013. The goods were supplied as per the terms and conditions. The invoices and ...


Oct 31 2018

United India Insurance Co. Ltd. Vs.sunder & Ors

Court: Delhi

Decided on: Oct-31-2018

$~3 * % 1. IN THE HIGH COURT OF DELHI AT NEW DELHI MAC.APP. 53/2013 Date of Decision:31. t October, 2018 UNITED INDIA INSURANCE CO. LTD. ..... Appellant Through: Mr. Anshul and Mr. Abhishek Kumar, Advocates. versus SUNDER & ORS ........ RESPONDENTS Through: Mr. Pankaj Gupta, Advocate as amicus curiae for R1. JUDGEMENT (ORAL) The appellant has challenged the order of the Claims Tribunal whereby the compensation of Rs.12,20,115/- has been awarded to respondent No.1.2. The accident dated 25th November, 2007 resulted in 19% permanent disability relating to right lower limb of respondent No.1. Respondent No.1 was a milk seller and he used to sell milk on bicycle. Since respondent No.1 was unable to paddle the bicycle, the Claims Tribunal took the functional disability as 50%. The Claims Tribunal awarded loss of earning capacity of Rs.7,65,000/- by taking the income of respondent No.1 as Rs.8,500/- and MAC.APP.53/2013 Page 1 of 3 applying the multiplier of 15. The Claims Tribunal awarded Rs....


Oct 31 2018

Kamal Rastogi & Ors vs.m/s Excel Crop Care Ltd. & Anr

Court: Delhi

Decided on: Oct-31-2018

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:31. t October, 2018 RFA(OS)6/2018 KAMAL RASTOGI & ORS ..... Appellants Through Mr. Shoeb Shakeel and Mr.A.A. Ansari, Advocates versus M/S EXCEL CROP CARE LTD. & ANR ........ RESPONDENTS Through Mr. Jay Savla and Ms. Renuma Sahu, Advocates for respondent no.1. CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) CM.APPL45182018(delay) & RFA(OS)6/2018 1. This is an application filed by the applicant/appellant seeking condonation of 1084 days delay in filing the present appeal. Learned counsel for the appellant strongly urges before this Court that the delay was on account of bona fide reasons and not on account of inaction or negligence on the part of the appellant. The learned counsel further submits that after the passing of the impugned order on 15.01.2015, the appellant had filed a review petition which was dismissed on 15.09.2017. Learned counsel submits that the appellant h...


Oct 31 2018

M/S Baba Builders vs.ircon International Ltd

Court: Delhi

Decided on: Oct-31-2018

+ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:31. t October, 2018 FAO(OS) 161/2018 M/S BABA BUILDERS ..... Appellant Through: Mr. Pankaj Bhatia, Mr. Dhruv Surana and Mr. Ashish Choudhury, Advs Versus IRCON INTERNATIONAL LTD ..... Respondent Through: Mr. Chandan Kumar, Adv. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) CM. No.45654/2018 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. FAO(OS) 161/2018 1. This appeal has been filed by the appellant challenging the order dated 1st October, 2018 passed by the learned Single Judge in O.M.P6112014 whereby the learned Single Judge has accepted the objections filed by the respondent herein and set aside the award given by the learned Arbitrator.2. The facts as noted from the record are, a notice inviting tender for construction of 317 dwelling units for Married FAO(OS) 161/2018 Page 1 of 17 Accommodation Projects, Ministry of Defe...


Oct 31 2018

Commissioner of Service Tax, Ahmedabad vs.m/s. Vodafone Mobile Service ...

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

Kartar Singh vs.state (Gnct of Delhi)

Court: Delhi

Decided on: Oct-31-2018

$~6 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"31st October, 2018 + CRL. APPEAL No.26/2018 and Crl.M.(B) 32/2018, Crl.M.A.281/2018 KARTAR SINGH ..... Appellant Through: Ms. Aishwarya Rao, Advocate/ DHCLSC versus STATE (GNCT OF DELHI) ..... Respondent Through: Mr. K.S. Ahuja, APP for the State with Mr. Ramesh Kumar, PS Sultan PUri. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. Geeta, aged about 40 years, wife of the appellant suffered homicidal death sometime around 10:30 p.m. on 06.08.2016 at the first floor of the property described as E-7/445-446, Sultan Puri, it being the property where the deceased was living in a rented accommodation with her family that included the appellant (husband), her daughter Laxmi (PW-10) and a son Vikas (PW-2).2. The first information report (FIR) No.465/2016 (Ex.PW-11/C) was registered in the Police Station Sultan Puri at 0215 hours on 07.08.2016 pursuant to the rukka (Ex.PW-19/A) of Sub-Inspector Rajender Singh (PW-19) it, in turn, bei...


Oct 31 2018

Pr. Commissioner of Income Tax, Delhi-10 vs.m/s Indian Farm Forestry D ...

Court: Delhi

Decided on: Oct-31-2018

$~4&5 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA No.215/2017 Date of decision:31. t October, 2018 PR. COMMISSIONER OF INCOME TAX, DELHI-10 ..... Appellant Through: Mr. Ajeet Sharma, Jr. Standing Counsel for Income Tax Department. versus M/S INDIAN FARM FORESTRY DEVELOPMENT ..... Respondent Through: Mr. P. Roy Chaudhari, Mr. Amol Sinha and Mr. Rahul Kochar, Advocates. ITA No.216/2017 PR. COMMISSIONER OF INCOME TAX, DELHI-10 ..... Appellant Through: Mr. Ajeet Sharma, Jr. Standing Counsel for Income Tax Department. versus M/S INDIAN FARM FORESTRY DEVELOPMENT ..... Respondent Through: Mr. P. Roy Chaudhari, Mr. Amol Sinha and Mr. Rahul Kochar, Advocates. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI SANJIV KHANNA, J.(ORAL) These appeals by the Revenue under Section 260A of the Income-Tax Act, 1961 (Act for short) in the case of Indian Farm Forestry Development Cooperative Ltd., relate to the Assessment Years 2008-09 and 2009-10 and ITA Nos. 215-2017...


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