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Delhi Court December 2018 Judgments

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Dec 19 2018

Shri Harish Chand Lohiya Deceased Through: Lrs. Vs.land Acquisition Co ...

Court: Delhi

Decided on: Dec-19-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:30. h November, 2018 Pronounced on:19. h December, 2018 W.P.(C) 3609/2017 + SHRI HARISH CHAND LOHIYA DECEASED THROUGH: LRS. versus LAND ACQUISITION COLLECTOR/ADM & ORS. ........ Petitioner Through: Ms. Geeta Luthra, Senior Advocate with Ms. Shivani Luthra Lohiya, Mr.Prateek Yadav and Mr. Pranav Vashishtha, Advocates. ........ RESPONDENTS Through: Mr. Brajesh Kumar, Advocate for UOI. Ms. Mrinalini Sen with Ms. Niharika, Advocates for R2 & R6. Ms. Shobhana Takiar, Advocate for DDA. Mr. Sanjay K. Pathak with Mr.Sunil K. Jha, Mr. Kushal Raj Tater, Mr. M.S. Akhtar and Mr.Shashi Kant Maurya, Advocates for L&B/LAC. CORAM: JUSTICE S. MURALIDHAR JUSTICE SANJEEV NARULA Dr. S. Muralidhar, J.: JUDGMENT1 The prayer in this writ petition by the Legal Representatives (LRs) of late Shri Harish Chand Lohiya is for a declaration that the acquisition in W.P.(C) 3609/2017 Page 1 of 15 respect of the land in Khasra No.639/446 Village Arakpur Bagh Moc...


Dec 19 2018

The Pr. Commissioner of Income Tax -3 vs.m/s Elofic Industries Ltd

Court: Delhi

Decided on: Dec-19-2018

$~14 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. h December, 2018 ITA14722018 THE PR. COMMISSIONER OF INCOME TAX -3 ..... Appellant Through: Mr. Ruchir Bhatia, Sr. Standing Counsel. versus M/S ELOFIC INDUSTRIES LTD ..... Respondent Through: CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI SANJIV KHANNA, J.(ORAL): CM APPL. Nos. 53651/2018, 53652/2018 & ITA14722018 Before issuing notices on the application for condonation of delay of 2 days in filing and 315 days in re-filing, we have deemed it appropriate to first examine the appeal, ITA No.1472/2018 on merits.2. This appeal by Revenue under Section 260A of the Income Tax Act, 1961 ('Act', for short) in the case of M/s Elofic Industries Ltd ('respondent- assessee', for short) pertains to the Assessment year 2004-05 and arises from ITA14722018 page 1 of 11 the order of the Income Tax Tribunal ('Tribunal', for short) dated 09.08.2017.3. For Assessment Year 2004-05, the respondent-asse...


Dec 19 2018

sh.hari Krishan & Anr. Vs.delhi District Cricket Association & Ors.

Court: Delhi

Decided on: Dec-19-2018

$~J- * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:19. 12.2018 CO.A.(SB) 45/2015 SH.HARI KRISHAN & ANR. ..... Appellants Through Mr.Ishaan Madaan & Mr.Sahil Gupta, versus Advocates DELHI DISTRICT CRICKET ASSOCIATION & ORS. ......... RESPONDENTS Through Ms.Sonali Malhotra, Adv. for R-1 Mr.Vipul Sharma, Adv. for R-2 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.1. This appeal is filed under Section 10 (F) of the Companies Act, 1956 (hereinafter referred to as the Act) seeking to impugn the order dated 22.07.2015 passed by the Company Law Board, New Delhi Bench, New Delhi permitting compounding of the offences committed under Section 314(1) read with Section 314(2-B) of the Act.2. It is the contention of the appellants that they are life members of respondent No.1 /Delhi District Cricket Association (in short the DDCA), which is a company incorporated under Section 25 of the Act. It is also their claim that they were instrumental in institution of the inspection of r...


Dec 19 2018

Kartar Singh & Ors vs.union of India & Ors.

Court: Delhi

Decided on: Dec-19-2018

$~11 to 13 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 6287/2014 versus ........ Petitioners ........ RESPONDENTS Through: Mr.Ravi Prakash Gupta, Advocate. Mr.Harsh Ahuja, Advocate for UOI. Ms.Mrinalini Sen, Standing Counsel for DDA with Ms.Kritika Gupta & Mr.Tanmay Yadav, Advocates. Mr.Yeeshu Jain, Standing Counsel for L&B /LAC. Through: Ms.Monica Arora, CGSC with KARTAR SINGH & ORS UNION OF INDIA & ORS. + W.P.(C) 6297/2014, CM No.15208/2014 & CM No.20431/2014 RAJVIR SINGH ATAL & ORS UNION OF INDIA & ORS + CONT.CAS(C) 212/2015, CM No.4631/2015 & CM No.10049/2015 Through: Mr.Vikas Mahajan, CGSC for UOI. Mr.Yeeshu Jain, Standing Counsel for L&B /LAC. Mr.Dhanesh Relan, Standing Counsel for DDA with Ms.Gauri Chaturvedi & Ms.Mrinalini Sharma, Advocates. Through: Mr.Ravi Prakash Gupta, Advocate. ........ RESPONDENTS ........ Petitioners versus RAJVIR SINGH ATAL ........ Petitioner WP(C) 6287& 6297/2014and Cont. Cas (C) 212/2015 Page 1 of 19 versus JAGDISH PRASAD & ORS Through: Mr.Ra...


Dec 19 2018

Rajinder Agarwal & Anr vs.state (Nct of Delhi) & Anr

Court: Delhi

Decided on: Dec-19-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: December 19, 2018 CRL.M.C. 5003/2018 RAJINDER AGARWAL & ANR .....Petitioners Through: Mr. Akhand Pratap Singh, Mr. Bahul Kalra and Ms. Aditi Mittal, Advocates versus STATE (NCT OF DELHI) & ANR .....Respondents Through: SI Kapil Yaduvanshi PS Vasant Kunj Respondent No.2 with Counsel. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.557/2016 dated 19th November, 2016, under Section 4IPC, registered at police Station Vasant Kunj, New Delhi is sought in light of order of 31st August, 2018 which reflects that respondent-complainant has already received a sum of 20,00,000/- and remaining 10,00,000/- is to be paid at the time of quashing of this FIR. Pertinently, order of 31st August, 2018, also takes note of the civil decree.... Petitioners counsel has handed over four demand drafts totalling 10,00,000/- to respondent No.2, who is present in the Court alongwith his counsel. Respondent No.2 has accepted it. Since ...


Dec 19 2018

Axalta Coating Systems India pvt.ltd vs.m/s Susee Premium Automobiles ...

Court: Delhi

Decided on: Dec-19-2018

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:19. 12.2018 + ARB.P. 295/2018 AXALTA COATING SYSTEMS INDIA PVT.LTD........ Petitioner Through: Mr. Saksham Tyagi with Mr. Rajeev L. Mahunta, Advs versus ..... Respondent Through: None. M/S SUSEE PREMIUM AUTOMOBILES PVT. LTD . CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) 1. This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (in short 1996 Act).2. 3. Notice in this petition was issued on 23.04.2018. Despite service having been effected on the respondent, the respondent has chosen not to enter appearance in the matter.4. Briefly, the averments made in the petition are as follows:-"4.1 The petitioner appears to have entered into a Supply Agreement dated 08.10.2013 (in short Supply Agreement) with the respondent. 4.2 In terms of the Supply Agreement, the respondent was to lift the goods worth Rs. 50,00,000/- from the petitioner. ARB.P. 295/2018 page 1 of 3 4.3 The goods ...


Dec 19 2018

Sweka Power-Tech Engineers Pvt. Ltd vs.north Delhi Municipal Corporati ...

Court: Delhi

Decided on: Dec-19-2018

$~9 * + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:19. 12.2018 O.M.P.(MISC.)(COMM.) 362/2018 SWEKA POWER-TECH ENGINEERS PVT. LTD........ Petitioner Through Mr. Gaurav Sarin, Ms.Charul Sarin and Mr.Harish Kuma, Advs. versus NORTH DELHI MUNICIPAL CORPORATION..... Respondent Through Mr. Akhil Mittal, Addl. Standing Counsel with Mr. Roop Chand, E.E. (Elect.) IV, Karol Bagh Zone, NDMC. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.: (ORAL) On the previous date, I had issued notice in the captioned petition and recorded the following: O.M.P.(MISC.)(COMM.) 362/2018 2. I am told by Mr. Gaurav Sarin, who, appears for the petitioner, that the award was reserved by the learned Arbitrator as far as back on 03.01.2018.3. Mr. Sarin says that the learned Arbitrator has not been able to pronounce the award as the respondent has not paid its share of fee.4. Learned counsel says that insofar as the petitioner is concerned, it has already deposited its share of the fee with...


Dec 19 2018

State vs.jaideep and Ors.

Court: Delhi

Decided on: Dec-19-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.L.P. 483/2018 Judgment reserved on 28 November, 2018 Judgment pronounced on 19th December, 2018 STATE ....Petitioner Through : Mr. Ravi Nayak, APP for the State with IO SI Girish Kumar, D-810-PIS1695083, Special Cell, NDR, Lodhi Colony & Inspector Umesh Barthwal, Special Cell JAIDEEP & ORS. ....Respondents Versus Through: Mr. Ajay Burman, Senior Advocate with Ms. Tanya Harnal, Ms. Sadhvi Gaur, Mr.Sahil Verma for resondent No.2. Mr. Dinesh Malik, Mr. Manish Malik and Mr. Akash Saini, Advocates for respondents No.1, 3 and 4. $~ * + % CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.1. Acquittal of respondents recorded by the learned Additional Sessions Judge-02/Fast Track Court, New Delhi District, Patiala House Courts vide its order dated 06.04.2018 passed in Sessions Case No.174/2013 arising out of FIR No.71/2005 under Sections 364-A/120-B of the Indian Penal Code (hereinafter re...


Dec 19 2018

Union of India & Anr vs.chand Kaur & Anr

Court: Delhi

Decided on: Dec-19-2018

+ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:19. h December, 2018 LPA7112018 & CM. Nos. 52391-52393/2018 UNION OF INDIA & ANR .... Appellants Through: Mr. Dev P. Bhardwaj, CGSC versus CHAND KAUR & ANR Through: ........ RESPONDENTS CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO V. KAMESWAR RAO, J.(ORAL) CM No.52393/2018 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. CM No.52391/2018 (for delay) This is an application filed by the Union of India seeking condonation of 67 days delay in filing the appeal. For the reasons stated in the application, the delay of 67 days in filing the appeal is condoned. Application stand disposed of. LPA7112018 1. This appeal has been filed by the Union of India and its functionary against the order dated August 08, 2018 passed by the learned Single Judge whereby the learned Single Judge has allowed LPA7112018 Page 1 of 12 the writ petition and set aside the order date...


Dec 19 2018

Simmi Bhalla vs.gautam Johar and Ors.

Court: Delhi

Decided on: Dec-19-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SIMMI BHALLA RFA No.1027/2018 19th December, 2018 ..... Appellant Through: Mr. Ashok Bhalla, Advocate with Mr. Rajeev Kumar, Advocate. GAUTAM JOHAR AND ORS. versus Through: .....Respondents CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. No.53698/2018 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.1027/2018 and C.M. No.53697/2018 (stay) 2. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit RFA No.1027/2018 Page 1 of 12 impugning the Judgment of the trial court dated 28.09.2018 by which the trial court has dismissed the suit for injunction, mesne profits etc. filed by the appellant/plaintiff. In the suit there were a total of four defendants. Respondent no.1/Defendant no.1 was the brother of the appellant/plaintiff. Respondent nos. 2 and 3/Defendant nos. 2 and ...


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