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Delhi Court February 2018 Judgments

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Feb 21 2018

Bhayana Builders Pvt Ltd vs.oriental Structural Engineers Pvt Ltd

Court: Delhi

Decided on: Feb-21-2018

* + + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (T) (COMM.) 101/2017 & I.A. No.14596/2017 (stay) O.M.P. (T) (COMM.) 105/2017 & I.A. Nos.14787-88/2017 Reserved on:6. h February,2018 Date of decision:21. t February, 2018 BHAYANA BUILDERS PVT LTD ........ Petitioner Through Mr. Gaurav Mitra with Ms. Simran Brar, Ms. Devina Sehgal, Ms. Medhavi Singh, Ms. Deveshi Mishra, Ms. Shriya Ray Chaudhuri & Ms. Anjali Dwivedi, Advs. versus ORIENTAL STRUCTURAL ENGINEERS PVT LTD.....Respondent CENTRAL PARK INFRASTRUCTURE DEVELOPMENT PVT.LTD ........ RESPONDENTS Through Mr.Anil K.Airi, Sr. Adv. with Mr.Sunil Chandwani, Mr.Ravi Chandna, Ms.Bindiya Logawney, Ms.Sadhna Sharma, Ms.Sukanya Lal and Ms.Satyam Bhatia, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 These petitions have been filed under Section 14(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) praying for termination of the mandate of the Sole Arbitrator appointed by the Managing Director of the respond...


Feb 21 2018

Madan Lala vs.state & Anr.

Court: Delhi

Decided on: Feb-21-2018

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:21. 02.2018 CRL.REV. P. 738/2017 MADAN LALA STATE & ANR. ........ Petitioner versus ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : Mr. M.K.Vashisht and Mr S.K.Ali, Advocates with petitioner in person. Mr Mukesh Kumar, APP for the State. Mr Sumeet Gupta, Advocate for R-2. For the... RESPONDENTS : CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA % ORDER2102.2018 SANJEEV SACHDEVA, J.(ORAL) CRL.REV.P. 738/2017 & Crl.M.B.1723/2017(suspension of sentence) 1. The petitioner impugns judgment dated 12.09.2017, whereby Appeal of the petitioner impugning judgment dated 25.07.2016 holding the petitioner guilty of offence under Section 138 of the Negotiable Instruments Act, 1881 and the Order on Sentence dated 31.08.2016 sentencing the petitioner to undergo Simple Imprisonment for a period of six months and to pay compensation of Rs.6 lakhs to CRL.REV.P.738/2017 Page 1 of 3 the complainant and, in...


Feb 21 2018

Vijay Kumar vs.rashmi Skadegaard & Anr.

Court: Delhi

Decided on: Feb-21-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % VIJAY KUMAR RFA No.183/2018 21st February, 2018 ..... Appellant Through: Mr. Anil Sapra, Sr. Adv. with Ms. Madhu Sweta and Ms. Kanika Tandon, Advocates. versus RASHMI SKADEGAARD & ANR. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ........ RESPONDENTS To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the trial court dated 13.10.2017 by which the trial court has dismissed the suit for declaration and consequential relief filed by the appellant/plaintiff against the respondent/defendant. By the suit the appellant/plaintiff who was the owner of the subject property being House No.203, Jor Bagh, New Delhi, and who had executed a registered Gift Deed of the first floor and barsati of the property in favour of his sister/respondent no.1/defendant no.1, RFA No.183/2018 Page 1 of 11...


Feb 21 2018

Ramkala vs.delhi Development Authority

Court: Delhi

Decided on: Feb-21-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Judgment :21. t February, 2018 FAO(OS) (COMM) 191/2017 & CM No.39821/2017 RAMKALA ..... Appellant Through: Mr.Inder Bir Singh Alag, Senior Advocate with Mr.M.Aggarwal, Mr.S.K.Sharma and Mr.R.S.Bisht, Advocates. versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through: Mr.Pawan Mathur, Standing Counsel with Mr. C. Tete, Dy. Director LPC. + CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G. S. SISTANI, J.(ORAL) 1. This is an appeal under Section 37 of the Arbitration and Conciliation Act 1996 read with Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as the Act). The appellant has impugned the order dated 01.09.2017 passed by a Single Judge of this Court by which the objections to the Award dated 16.02.2017 have been dismissed.2. The necessary facts to be noted for disposal of this appeal are that the respo...


Feb 21 2018

Rajesh Kumar and Anr vs.microsoft Corporation and Anr

Court: Delhi

Decided on: Feb-21-2018

$~3 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgment:21. h February, 2018 FAO(OS) (COMM) 228/2017 RAJESH KUMAR & ANR ..... Appellants Through: Mr.Rakesh Kumar, Mr. Anil Kr. Sahu, Mr.Trilochan P. Ram, Mr. Avik Mukherji and Mr.Shishir Raj, Advocates. versus MICROSOFT CORPORATION & ANR ........ RESPONDENTS Through: Ms. Safia Said, Advocate. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. This is an appeal under Section 13 of the Commercial Courts Commercial Division and Commercial Appellate Division of High Courts Act, 2015 read with Section 104, Order 43 Rule 1 and Section 151 of Code of Civil Procedure, 1908.2. The challenge in this appeal is an order dated 17.10.2017 passed by the learned Singh Judge of this Court by which I.A. No.14114/2014 (under Order 7 Rule 10 Code of Civil Procedure) filed by defendants/appellants herein for return of the plaint has been dismissed. FAO(OS) (COMM) No.228/2017 Page 1 of 5 3. Le...


Feb 21 2018

Sushma Jain vs.union of India & Ors

Court: Delhi

Decided on: Feb-21-2018

$~30,35 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:21. 2.2018 + W.P.(C) 1663/2018 & CM APPL. 6837-6839/2018 MANJU GUPTA ........ Petitioner Through : Mr. Jasmeet Singh, Mr. Naman Jain, Joshi, Mr. Hemant Advocates versus UNION OF INDIA & ORS ........ RESPONDENTS Through : Mr. Vinod Diwakar, CGSC for R1 and R2. + W.P.(C) 1669/2018 & CM APPL. 6852-6854/2018 SUSHMA JAIN ........ Petitioner Through : Mr. Jasmeet Singh, Mr. Naman Jain, Joshi, Mr. Hemant Advocates versus UNION OF INDIA & ORS ........ RESPONDENTS Through : Mr. Vinod Diwakar, CGSC for R1 and R2. CORAM HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) 1. Issue notice. Mr. Vinod Diwakar accepts notice on behalf of official respondents No.1 and 2. W.P. (C) 1663/2018,1669/2018 Page 1 of 4 2. Respondent No.3 is deleted from the array of parties as even according to the petitioner, the said company has been struck of from the Register Of Companies.3. Since, the issue raised in this petition is covered ...


Feb 21 2018

Gammon India Limited vs.ambience Private Limited

Court: Delhi

Decided on: Feb-21-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + OMP182017 & IA130322017 Reserved on:8. h February, 2018 Date of decision:21. t February, 2018 GAMMON INDIA LIMITED ........ Petitioner Through: Mr.Arun Kumar Varma, Sr. Adv. with Mr.Abhay Raj Varma, Mr.Ashish Joshi & Mr.Vishal Nautiyal, Advs. versus AMBIENCE PRIVATE LIMITED ..... Respondent Through: Mr.P.K. Agrawal, Ms.Mercy Hussain & Ms.Tanya Sharma, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA1 This petition has been filed by the petitioner under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) praying for termination of the mandate of the Arbitrator appointed by the respondent and for appointment of another Sole Arbitrator to adjudicate the disputes that have arisen between the parties in relation to the award of Development Works awarded to the petitioner by the respondent vide its Letter of Award dated 18th August, 2013.2. The Letter of Award dated 18th August, 2013 contains an Arbitration Ag...


Feb 21 2018

Dabur Enclave (S R Block a ) Rawta More Residents Welfare Association ...

Court: Delhi

Decided on: Feb-21-2018

$~20 *IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:21. 02.2018 + W.P.(C) 1146/2013 DABUR ENCLAVE (S R BLOCK A ) RAWTA MORE RESIDENTS WELFARE ASSOCIATION (REGD) ........ Petitioner Through : Mr. Kirti Uppal, Sr. Adv. with Mr. D.V. Khatri and Mr. Aman Bhalla, Advs. versus GOVT OF NATIONAL CAPITAL TERRITORY OF DELHI AND ANR. ........ RESPONDENTS Through : Mr. Santosh Kumar Tripathi, ASC for GNCTD with Mr. P. Vashishtha and Mr. Santosh S. Tiwari, Advs. CORAM:-"HON'BLE MR. JUSTICE RAJIV SHAKDHER % RAJIV SHAKDHER, J.(ORAL) 1. The substantive prayer made in the writ petition is as follows:-"a) Issue a writ of mandamus directing the respondents not to interfere in any manner with the peaceful enjoyment and possession of the house of the residents of petitioner association in respect of properties which are mentioned in the list of residents of Dabur Enclave (SR Block A), Dwarka More Residents Welfare Association, Jafarpur, Najafgarh, Delhi W.P.(C) 1146/2013 Page 1 of 5 formin...


Feb 21 2018

Commissioner of Income Tax, Delhi vs.m/s. Mgf India Ltd.

Court: Delhi

Decided on: Feb-21-2018

* + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:09. 11.2017 Pronounced on:21. 02.2018 ITA3782004 COMMISSIONER OF INCOME TAX, DELHI . Appellant Through: Sh. Rahul Chaudhary, Advocate. versus M/S. MGF INDIA LTD. .... Respondent Through: Sh. Satyen Sethi, Sh. Arta Trana Panda and Ms. Gargi Sethee, Advocates. ITA762007 COMMISSIONER OF INCOME TAX, DELHI . Appellant Through: Sh. Rahul Chaudhary, Advocate. versus M/S. MOTOR AND GENERAL FINANCE LTD. .... Respondent Through: Sh. Satyen Sethi, Sh. Arta Trana Panda and Ms. Gargi Sethee, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA MR. JUSTICE S. RAVINDRA BHAT % 1. The Revenues appeal under Section 260A of the Income Tax Act (the Act) had urged several questions of law. On 12.01.2016, this Court framed the following questions: (i) whether the lease equalization charges can be deducted while computing book profit; and ITA3782004 & ITA762007 Page 1 of 10 (ii) whether the provisions for non-per...


Feb 21 2018

Bajaj Allianz General Insureance Co Ltd vs.devki Nadan Kumar & Anr

Court: Delhi

Decided on: Feb-21-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~ * % + MAC.APP. 821/2017 and C.M. Appl. Nos.33274-75/2017 Date of Decision:21. t February, 2018 BAJAJ ALLIANZ GENERAL INSUREANCE CO LTD Through: Mr. A.K. Soni, Advocate ..... Appellant 1. versus DEVKI NADAN KUMAR & ANR ........ RESPONDENTS Through: Mr. R.K. Pandey and Mr. P.S. Jha, Advocates for respondent No.1 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.2,30,46,731/- has been awarded to respondent No.1.2. Respondent No.1 filed an application for compensation under Sections 166 and 140 of the Motor Vehicles Act claiming compensation on the averments that on 13th April, 2012 at about 01:45 p.m., he was going on the motorcycle bearing registration No.DL-9S-AD-8844 from Dhaula Kuan to his house when he was hit by car bearing No.DL-4C-AD-8162 from behind near Pararde Ground Road, Delhi Cantt. whereupon he fell down and suffered multiple grievous injuries; PC...


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