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Delhi Court November 2018 Judgments

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Nov 13 2018

Bijender Singh vs.naresh Kumari

Court: Delhi

Decided on: Nov-13-2018

$~10 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:13. h November, 2018 + MAT.APP(F.C.) 129/2017 BIJENDER SINGH ..... Appellant Through: Ms. Shashi Jaiswal , Adv. versus NARESH KUMARI CORAM: ..... Respondent Through: Mr. Nargis Jahan, Adv. HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. Challenge in this appeal is to the order dated 18.04.2017 passed in a petition filed by the appellant/husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred as HMA) seeking dissolution of marriage by a decree of divorce. The petition has been dismissed by the Family Court which has led to the filing of the present appeal.2. The brief facts of the case necessary to decide the present appeal are that the marriage between the parties was solemnised on 09.02.2007 as per Hindu rights and ceremonies. No child was born out of their wedlock. Both the parties have been residing separately since 06.02.2013.3. The learned coun...


Nov 13 2018

Nitin Aggarwal vs.praveen Sharma

Court: Delhi

Decided on: Nov-13-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.922/2018 + % NITIN AGGARWAL13h November, 2018 ..... Appellant Mr. Manish Kumar Singh, Advocate (M. No.9911277043). Through: versus PRAVEEN SHARMA Through: ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.46737/2018(exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. C.M. Nos.46735/2018(for condonation of delay in filing) & 46736/2018(for condonation of delay in re-filing) 2. For the reasons stated in the applications, delay of 27 days in filing and 31 days in re-filing the appeal is condoned. C.M.s stand disposed of. RFA No.922/2018 Page 1 of 7 RFA No.922/2018 and C.M. No.46734/2018(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 Trial Court dated 26.03.2018 by which trial court has dismissed the Leave to Defe...


Nov 13 2018

Ethos Limited (Earlier Known as Kamla Retail Limited (Krl) vs.geofin I ...

Court: Delhi

Decided on: Nov-13-2018

$-9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision 13th November, 2018 O.M.P. (COMM) 249/2018 ETHOS LIMITED (EARLIER KNOWN AS KAMLA RETAIL ........ Petitioner LIMITED (KRL) Through Ms.Neelima Tripathi, Mr.Apoorv Tripathi and Mr.Akash Chatterjee, Advs. versus GEOFIN INVESTMENT PVT. LTD. ..... Respondent Through Mr.Rajiv K. Garg, Mr.Ashok K.Rana and Mr.Ashish Garg, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. This petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has been filed by the petitioner challenging the Arbitral Award dated 02.04.2018 passed by the Sole Arbitrator adjudicating the disputes that have arisen between the parties in relation to the Leave and Licence Agreements dated 20.03.2012.2. This Court by its order dated 31.05.2018 had issued only a limited notice to the respondent on the present petition as recorded in paragraph 6 thereof, which is reproduced hereinbelow: OMP (CO...


Nov 13 2018

Rajiv Jain vs.income Tax Officer

Court: Delhi

Decided on: Nov-13-2018

$~30 * + % IN THE HIGH COURT OF DELHI AT NEW DELHI INCOME TAX APPEAL No.1115/2017 Date of decision:13. h November, 2018 RAJIV JAIN ..... Appellant Through: Ms. Aakriti Dhawan, Mr. Madhur Jain, Mr. Mayank Jain, Mr. Gautam Jain and Mr. Aditya Jain, Advocates. versus INCOME TAX OFFICER ..... Respondent Through: Mr. Asheesh Jain, Sr. Standing Counsel for Income Tax Department. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI SANJIV KHANNA, J.(ORAL): C.M. Nos.44226/2017 & 44227/2017 Applications for condonation of delay of 29 days in filing and 6 days in re-filing are allowed as there is no opposition. We record that the substantial question of law was framed on 5th December, 2017. ITA11152017 This appeal under Section 260A of the Income Tax Act, 1961 (Act, for short) by Rajiv Jain (hereinafter referred to as the, appellant-assessee) relates to Assessment Year 2010-11 and arises from the order of the Income Tax Appellate Tribunal (Tribunal) dated 26th May, ...


Nov 13 2018

Murli Dhar Sharma vs.government of Nct of Delhi & Ors

Court: Delhi

Decided on: Nov-13-2018

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7237/2014 & CM APPL. 18481/2014 Reserved:31st October, 2018 Pronounced on:13th November,2018 MURLI DHAR SHARMA ........ Petitioner Through : Mr. Anunaya Mehta with Mr. Akshay Deep Singhal, Advocates versus GOVERNMENT OF NCT OF DELHI & ORS. ....... RESPONDENTS Through : Mr. Devesh Singh, ASC (Civil) GNCTD with Ms. Sukriti Ghai, Advocate for R-1 Mr. Vinay Sabharwal, Advocate for R-2 Mr. Vijendra Pal Singh, Advocate for R-16 Mr. Joginder Singh, Advocate for R-18 CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT1 Vide the present petition, the petitioner has prayed as under :-"(A)Issue a writ of certiorari quashing the ACR of the petitioner for the period 2009-2010 initiated by Sh. R K Singh. (B) Issue a writ of certiorari quashing the order dated 21.03.2013 in so far as it excludes the name of the petitioner for promotion to the post of Controller; (C) Issue of a writ of mandamus directing the respondents no.1 and 2 to reconsider...


Nov 13 2018

M/S. Captain Guman Singh & Sons & Ors. Vs.m/s. Indian Oil Corporation

Court: Delhi

Decided on: Nov-13-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:13. 11.2018 + W.P.(C) 534/2017 & CM No.2437/2017 M/S. CAPTAIN GUMAN SINGH & SONS & ORS. ........ Petitioners Versus M/S. INDIAN OIL CORPORATION ..... Respondent Advocates who appeared in this case: For the... Petitioners For the Respondent CORAM HONBLE MR JUSTICE VIBHU BAKHRU : Mr Kapil Joshi. : Mr Divjyot Singh and Ms Avsi M. Sharma. JUDGMENT VIBHU BAKHRU, J Introduction 1. The petitioners have filed the present petition, inter alia, impugning the communication dated 28.05.2012 (hereafter the impugned order) issued by the respondent (hereafter IOCL) whereby the dealership for retail supply of Kerosene and light diesel oil (hereafter the Products) was terminated.2. The impugned order was issued, essentially, on two grounds. First, it was alleged that respondent no.2 (Sh. Vijay Singh Chauhan) had diverted the Products for commercial purposes, which was not permissible. Second, that the dealership was being operated by perso...


Nov 13 2018

Sushila Gopalan & Anr vs.state

Court: Delhi

Decided on: Nov-13-2018

$~21&22 * + IN THE HIGH COURT OF DELHI AT NEW DELHI TEST.CAS. 53/2006 SUSHILA GOPALAN AND ANR. ........ Petitioners Through: Mr. Manu Nayar, Ms. Meenakshi Bhatia and Ms. Maitreyee Joshi, Advs. + STATE Through: None. versus AND ..... Respondent TEST.CAS. 54/2006 SUSHILA GOPALAN & ANR. ........ Petitioners Through: Mr. Manu Nayar, Ms. Meenakshi Bhatia and Ms. Maitreyee Joshi, Advs. versus Through: None. STATE CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW % ORDER1311.2018 ..... Respondent IA No.10003/2018 (under Section 10 of the CPC), IA No.15360/2018 (u/S151f the CPC) and IA No.15361/2018 (u/S10of the CPC) in Test. Cas. No.53/2006. IA No.10000/2018 (under Section 10 of the CPC), IA No.15362/2018 (u/S151CPC) and IA No.15363/2018 (u/S10of the CPC) in Test. Cas. No.54/2006.1. The petitioner, in these Testamentary Cases seeking probate/letters of administration, with respect to (a) the documents dated 6th November, 2003 and 15th March, 1999 claimed to be the validly executed last Will of Sm...


Nov 13 2018

Ajay Laroia vs.shivan Rajput & Anr

Court: Delhi

Decided on: Nov-13-2018

$~93 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI AJAY LAROIA CM (M) No.1356/2018... Petitioner in person. Date of Order:13. 11.2018 Through: ........ Petitioner versus SHIVAN RAJPUT & ANR Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE VINOD GOEL CM No.46413/2018 (for exemption) 1. Allowed, subject to all just exceptions. CM(M) 1356/2018 & CM No.46412/2018 (for stay) 2. The impugned order dated 24.07.2018 passed by the court of learned Additional District Judge-03, Patiala House Courts, New Delhi (ADJ) in civil suit No.56585/2016, is the subject matter of challenge in this petition filed under Article 227 of the Constitution of India.3. The petitioner/plaintiff, who is an Advocate, filed a suit for recovery of Rs.4,37,500/- against the respondent/defendant on account of his professional charges for conducting the cases on their behalf. The respondent no.1 during his deposition has tendered two certificates Ex.DW(collectively) issued by the UCO Bank, SSI Branch, Industr...


Nov 13 2018

Sanghamitra Mohanty vs.hscc (India) Limited and Anr

Court: Delhi

Decided on: Nov-13-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~27 * + W.P.(C) 7242/2018 & CM APPLs. 27619/2018, 27622/2018 Reserved:30. h October, 2018 Pronounced on:13th November,2018 SANGHAMITRA MOHANTY Through: Mr. ........ Petitioner Kumar Ashok Pande, Mr.Satyabrate Pande and Mr. M. Parkaray and Mr. A. Pureshotham, Advocates. versus HSCC (INDIA) LIMITED AND ANR. ........ RESPONDENTS Through: Mr. Sandeep Sethi, Mr. Saurabh and Mishra, Mr. Vivek Tyagi Mr.Abhishek Singh, Advocates for R-1. Ms. Monika Arora, CGSC with Mr.Brajesh Kumar and Mr. Harsh Ahuja, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT1 JUDGMENT Vide the present writ petition, the petitioner seeks the following directions to respondents : a) Quash and set aside the communication dated 02.06.2018 of the Respondent No.1; and b) Pass a writ of mandamus and/or order directing the respondents to reinstate and/or continue the petitioner W.P.(C) 7242/2018 Page 1 of 13 in employment; and c) Pass a writ of mandamus and/or order dire...


Nov 13 2018

Deep Singh vs.the Institute of Cost Accountants of India

Court: Delhi

Decided on: Nov-13-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % + LPA4502017 DEEP SINGH Judgment Reserved on:30. 10.2018 Judgment Pronounced on:13. .11.2018 Through: Appellant in person ..... Appellant Versus THE INSTITUTE OF COST ACCOUNTANTS OF INDIA Through: Mr. G.S. Chaturvedi, Advocate ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.1. The present appeal is directed against the judgment dated 27.02.2017 whereby the learned Single Judge has dismissed the writ petition bearing W.P.(C) No.6772/2014 upholding the action of the respondents in denying exemption to the appellant from appearing in the Business Valuation Paper in the Cost and Management Accountants Examination (hereinafter referred to as CMA) conducted in June, 2014. Although, the appellant had in the writ petition sought a declaration that he was entitled for the exemption and he should be declared a successful candidate in the final CMA Examination but at the time of admission of thi...


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