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Delhi Court June 2018 Judgments

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Jun 01 2018

Uco Bank vs.jay Kochhar

Court: Delhi

Decided on: Jun-01-2018

$~ * + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :22nd May, 2018 Date of decision :1st June,, 2018 JAY KOCHHAR ..... Appellant RFA2072015 Through: Dr. Arun Mohan, Senior Advocate with Mr. Arvind Bhatt, Mr. Kuber Giri and Mr. Sarupreet Singh, Advocates (M:9810354101) with Appellant in person. UCO BANK versus Through: Mr. Rajesh ..... Respondent Rattan, Advocate. (M:9810218488) AND RFA2082015 & CM No.5768/2015 UCO BANK JAY KOCHHAR ..... Appellant Through: Mr. Rajesh Rattan, Advocate. versus ..... Respondent Through: Dr. Arun Mohan, Senior Advocate with Mr. Arvind Bhatt, Mr. Kuber Giri and Mr. Sarupreet Singh, Advocates (M:9810354101) with Respondent in person. CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 These are cross appeals filed by Mr. Jay Kocchar and UCO Bank, who was a tenant in the suit property, against the judgment and decree dated 22nd January, 2015. Mr. Jay Kocchar was the Plaintiff (hereinafter, Plaintiff) in the subject suit, and UCO Bank was ...


Jun 01 2018

Abhishek Jain vs.income Tax Officer, Ward - 55(1) New Delhi & Another ...

Court: Delhi

Decided on: Jun-01-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.11844/2016 % Reserved on:23. d April , 2018 Date of Decision:1. t June, 2018 ABHISHEK JAIN ........ Petitioner Through: Mr. Arvind Kumar and Mr. Harsh Vardhan Sharma, Advocates. Versus INCOME TAX OFFICER, WARD - 55(1) NEW DELHI & ANOTHER & ANR. ..... Respondent Through: Mr. Ashok K. Manchandani, Sr. Standing Counsel. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.Abhishek Jain, as an individual, has filed the present writ petition for quashing notice dated 18th February, 2016 issued under Section 148 read with Section 147 of the Income-tax Act, 1961 (hereinafter referred to as the 'Act') for the assessment year 2009-10 by the Income-tax Officer, Ward No.1 (1), Noida, as without jurisdiction and consequently the proceedings pending on transfer before the Income-Tax Officer ward No.58(2), Delhi are bad and void. WP(C) 11844/2016 Page 1 of 29 2.... Petitioner states that ...


Jun 01 2018

Satnam Chand Kohli & Anr. Vs.satyam Construction Co. & Ors.

Court: Delhi

Decided on: Jun-01-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + Reserved on :12. h March, 2018 Date of Decision:1. t June, 2018 RFA1192007 SATNAM CHAND KOHLI & ANR. ..... Appellants Through: Ms. Chandrika Gupta, Advocate for Rajat Aneja, Advocate. Mr. (M:9910122455) versus SATYAM CONSTRUCTION CO. & ORS. ........ RESPONDENTS Through: Mr. Kundan Kumar Mishra, Ms. Shreya Mathur and Mr. B. D. Balna, Advocates. (M:9958861250) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 The present appeal involves a transaction in respect of property bearing Plot No.H situated in Layout Plan of Delhi, Bengali Hindu Cooperative Group Housing Society Ltd. Known as Tagore Park, Delhi measuring 240 sq. yds (hereinafter the suit property). The Appellants/Plaintiffs (hereinafter, Plaintiffs) were the owners of the suit property. The Respondent No.1/Defendant No.1 - Satyam Construction was a partnership firm of the Respondent No.2/Defendant No.2 - Mr. Harbans Lal Kumar and Respondent No.3/Defendant No.3 - Mr. Is...


Jun 01 2018

Choppa Aditya vs.union of India & Ors

Court: Delhi

Decided on: Jun-01-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: June 01, 2018 + W.P.(C) 6383/2018 CHOPPA ADITYA ........ Petitioner Through : Mr. Rajsehkhar Rao, Advocate with Mr. Prateek Chadha, Mr. Vikram Hegde, Ms. Gauri Puri, Advocates. versus UNION OF INDIA & ORS ........ RESPONDENTS Through : Mr. Bhagvan Sarup Shukla, CGSC with Mr. Kuldeep, Advocate for UOI. Mr. Naresh Kaushik, Mr.Devik Singh and Mr.Naman Maheshwari, Advocates for UPSC. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1. Setting aside of Office Memorandum dated 14th October, 2004 and consideration of petitioners case under the Office Memorandum of the year 1993 is sought in this petition in respect of UPSC Civil Services Examination, 2016.2. For the reliefs sought in this petition, e-mail representations have been purportedly made by petitioner and according to petitioners counsel there is no response to it. Attention of this Court is drawn by learned counsel for petitioner to the decision of 22nd March, 2018 (Annexur...


Jun 01 2018

The Officer Commanding vs.sant Ram Saroj

Court: Delhi

Decided on: Jun-01-2018

IN THE HIGH COURT OF DELHI AT NEW DELHI $~15 to 18 and 21 to 23 * % Date of Decision:01. t June, 2018 + W.P.(C) 2069/2015 & CM No.3731/2015 & 3221/2016 15 OFFICER COMMANDING ........ Petitioner Through: Mr. Kirtiman Singh, CGSC, Mr. Waize Ali Noor, Mr. Prateek Dhanda, Adv. with Capt. Juhi, Officer Commanding. Mr. Jitender Kumar, Deputy Director, MOD. versus HARI SHANKAR ..... Respondent Through: Mr. Arun Birbal and Mr. Ajay Birbal, Advs. + W.P.(C) 2071/2015 & CM No.3735/2015 & 3220/2016 16 THE OFFICER COMMANDING ........ Petitioner Through: Mr. Kirtiman Singh, CGSC, Mr. Waize Ali Noor, Mr. Prateek Dhanda, Adv. with Capt. Juhi, Officer Commanding. Mr. Jitender Kumar, Deputy Director, MOD. versus MEWA LAL Through: Mr. Arun Birbal and Mr. Ajay ..... Respondent + W.P.(C) 2081/2015 & CM No.3744/2015 & 3222/2016 Birbal, Advs. W.P.(C) 2069/2015, 2071/2015, 2081/2015, 6624/2015 W.P.(C) 6625/2015, 6626/2015 & 6637/2015 Page 1 of 6 17 THE OFFICER COMMANDING ........ Petitioner Through: Mr. Kirti...


Jun 01 2018

Mohd Rafiq vs.shobha Aggarwal

Court: Delhi

Decided on: Jun-01-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :22. d May, 2018 Date of Decision:1. t June, 2018 RFA3662017 & CM APPLs. 13890/2017, 34278/2017 & 37212/2017 MOHD RAFIQ ..... Appellant Through: Mr. Manish Tanwar, Advocate (M- 9953993355). versus SHOBHA AGGARWAL ..... Respondent Through: Mr. Satyakam Saini, Mr. A.S. Saini & Mr. Rajesh Pandey, Advocates (M- 9810679083). CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 The present appeal arises out of judgment and decree dated 26th December, 2016 by which a decree of possession and injunction was granted in favour of the Respondent/Plaintiff Mrs. Shobha Aggarwal (hereinafter Plaintiff) against the Appellant/Defendant Mohd. Rafiq (hereinafter Defendant) in the following terms: 30. Since, issues no.3 and 4 have been decided in favour of plaintiff and against the defendant therefore, plaintiff is entitled for decree of possession of the suit property bearing No.RZ- 13/350, West Sagar Pur, New Delhi-110046 ad-measurin...


Jun 01 2018

Harbant Singh Mohal vs.bharat Khurana & Ors

Court: Delhi

Decided on: Jun-01-2018

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:01. t June, 2018 + RFA7962016, CM APPL. 37588/2016 & CM APPL. 37589/2016 HARBANT SINGH MOHAL ..... Appellant Through: Mr. Atul Kumar and Mr. Abhimanyu Sharma, Advocates (M-9560960020) versus BHARAT KHURANA & ORS ........ RESPONDENTS Through: Mr. Rizwan, Advocate for SHO, Hari Nagar. (M-9643349576) SI Amit Sehrawat, PS, Hari Nagar (M-9873864697) Mr. Divya Kumar Kaushik, Advocate for R-2 & 3 (M-9910832091) along with Respondent No.2 & 3 in person. CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) 1. The present appeal arises out of the impugned judgment and order dated 4th November, 2015 by which the Plaintiffs suit has been decreed for a sum of Rs.14,200/- along with the interest. The appeal has been filed by the Plaintiff challenging the said judgment.2. The case of the Plaintiff, in brief, is that one of the Plaintiffs friend introduced him to Mr. Bharat Khurana, his brother in law, Mr. Mohit Bakshi and his wif...


Jun 01 2018

Girish B S & Anr. Vs.jk Technosoft Limted

Court: Delhi

Decided on: Jun-01-2018

$~5 * % + GIRISH B S & ANR. JK TECHNOSOFT LIMTED ..... Appellants Through: Mr.Roshan Santhalia, Advocate versus IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order:01. t June, 2018 FAO(OS) (COMM) 217/2017 ..... Respondent Through: Mr.Sachin Datta, Sr.Adv. with Ms.Gayatri Verma and Mr.Yatender, Advocates. CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S.SISTANI, J.(ORAL) 1. The present appeal filed under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as the Act) read with Order XLIII Rule 1 of the Code of Civil Procedure 1908 (hereinafter referred to as CPC), is directed against the order dated 08.11.2017 passed by the learned Single Judge by which the application being I.A. No.5079/2017 (under Order XXXIX Rule 1 & 2 CPC) has been allowed and I.A. 7882/2017 (under Order XXXIX Rule 4 CPC) filed by the defendant no.1-appellant herein has been dismissed. At r...


Jun 01 2018

Shri r.s. Chauhan vs.govt. Of Nct of Delhi and Ors.

Court: Delhi

Decided on: Jun-01-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: June 01, 2018 + W.P.(C) 6396/2018 SHRI R.S. CHAUHAN ........ Petitioner Through : Mr. Ravi Varma and Mr. Rakesh Kumar, Advocates versus GOVT. OF NCT OF DELHI AND ORS. ........ RESPONDENTS Through : Mrs. Avnish Ahlawat, Standing Counsel with Ms. Palak Rohmetra, Advocate CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1. Impugned order of 19th March, 2018 (Annexure P-13) grants ACP benefit to petitioner. The grievance of petitioner is that the benefit of third MACP was also sought but neither it has been refused nor granted in the impugned order.2. In the facts and circumstances of this case, it is deemed appropriate to dispose of this petition with permission to petitioner to make a fresh concise Representation to second respondent within a week. If any such Representation is received by second respondent, then a speaking response thereto in respect of the third MACP, be given by second respondent within six weeks and the fate ...


Jun 01 2018

Pratap Singh and Ors vs.ramjas Foundation

Court: Delhi

Decided on: Jun-01-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t June, 2018. CM(M) 743/2017 PRATAP SINGH AND ORS Through: Mr. Abhimanyu S. Khatri, Adv. ........ Petitioners Versus ..... Respondent Through: None. RAMJAS FOUNDATION CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM No.25502/2017 (for exemption) 1.2. Allowed, subject to just exceptions. The application is disposed of. CM(M) 743/2017 & CM No.25501/2017 (for stay) 3. This petition under Article 227 of the Constitution of India impugns the order (dated 11th May, 2017 in Case No.95639/2016 of the Court of Civil Judge, Central District, Tis Hazari Courts, Delhi), deciding against the petitioners/defendants a preliminary issue framed in the suit filed by the respondent/plaintiff against the petitioners/defendants.4. The petition came up before this Court first on 21st July, 2017, when it was enquired from the counsel for the petitioners/defendants as to how a petition under Article 227 of the Constitution of India was maintain...


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